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HomeMy WebLinkAbout10-06-2014 PUBLIC WORKS COMMITTEE AGENDA PACKETcrrY or WASH I NGTONJ I. CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications 11. CONSENT AGENDA Public Works Committee October 6, 2014 - 3:30 PM Annex Conference Room 2 AGENDA A. Approval of Minutes* Public Works Committee to approve the minutes of the September 15, 2014 Public Works Committee meeting. 111. ACTION A. Right -of -Way Use Permit No. 14 -39* (Price) Approve Right -of -Way Use Permit No. 14 -39 for Auburn Parks, Arts and Recreation Santa Parade B. Right -of -Way Use Permit No. 1440* (Price) Approve Right -of -Way Use Permit No. 14 -40 for Auburn Parks, Arts and Recreation Halloween Harvest Festival C. Public Works Project No. CP1122* (Truong) Reject all Bids to Contract No. 14 -08 for Project No. CP1122, 30th Street NE Area Flooding — Phase 1 D. Public Works Project No. CP1308* (Truong) Approve Award of Contract No. 14 -04, to the Lowest Responsible Bidder for Project No. CP1308, BNSF Utility Crossings E. Public Works Project No. C524A* (Sweetinq) Approve Change Order No. 4 in the Amount of $10,369.73 to Contract No. 14 -05 for Work on Project No. C524A — SCADA Physical Site Improvements F. Resolution No. 5102* (Fenhaus) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Wholesale Water Agreement between the City of Auburn and the City of Tacoma G. Ordinance No. 6535* (Chamberlain) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 10.36 of the Auburn City Code related to parking restrictions. H. Leak Adjustment Request - Appeal* (Coleman) Page 1 of 194 Council review an appeal for a water utility adjustment in the amount of $482.19, to account number 051001 -000. The original Leak Adjustment Request was denied per policy 100 -52 IV. DISCUSSION ITEMS A. Utility Billing Water Termination Process (Door Tags)* (Coleman) Approve a change to the shut off process and City code to notify delinquent utility customers by mail and discontinue door tagging B. Resolution No. 5106* (Tiedeman) A resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a 3 year agreement with GATSO USA, Inc. for photo enforcement solutions. C. Resolution No. 5104* (Chamberlain) A Resolution of the City of Auburn, Washington, approving and authorizing execution of an interlocal agreement with Pierce County, thereby amending the Pierce County Countywide Planning Policies related to Annexations and Urban Growth Area expansions. D. Street Selection for the 2015 Citywide Pavement Patching, Overlay, and Chip Seal Project (Carter) E. Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) Representation* (Tobin) F. Discuss options for touring Public Works facilities (Gaub) G. Capital Project Status Report* (Sweeting) H. Significant Infrastructure Projects by Others* (Gaub) I. Action Tracking Matrix* (Gaub) V. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 2 of 194 C=ITY or AUBURN \VASH E NGTo Agenda Subject: Approval of Minutes Department: Public Works AGENDA BILL APPROVAL FORM Attachments: Draft M inutes Administrative Recommendation: Date: September 29, 2014 Budget Impact: $0 Public Works Committee to approve the minutes of the September 15, 2014 Public Works Committee meeting. Background Summary: See attached draft minutes. Reviewed by Council Committees: Public Works Councilmember: Osborne Meeting Date: October 6, 2014 Staff: Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 3 of 194 WASH € NGTONJ Public Works Committee September 15, 2014 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Wayne Osborne called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wayne Osborne, Vice -Chair Bill Peloza, and Member Claude DaCorsi were present. Also present during the meeting were: Community Development & Public Works Director Kevin Snyder, Assistant Director of Engineering /City Engineer Ingrid Gaub, Assistant City Engineer Jacob Sweeting, Capital Projects Manager Ryan Vondrak, Acting Utilities Engineer Susan Fenhaus, Engineering Aide Amber Mund, Project Engineer Kim Truong, Project Engineer Seth Wickstrom, Project Engineer Luis Barba, Street Systems Engineer Jai Carter, Planning & Design Services Manager Elizabeth Chamberlain and Public Works Secretary Molly Mendez. Members of the public in attendance included: Eric Clayton, Sean Senescall and Chris McMeen. B. Announcements There were no announcements. C. Agenda Modifications There were two agenda modifications which replaced the existing packet materials for Action Item D, Public Works Project No. CP1322 and Action Item E, Public Works Project No. CP1208. II. CONSENT AGENDA CA.A A. Approval of Minutes Public Works Committee to approve the minutes of the September 2, 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, September 2, 2014. Page 1 of 7 Page 4 of 194 Motion carried 3 -0. III. ACTION CA.A 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 Engineering Aide Mund explained Ordinance No. 6513 is a franchise agreement for Electric Lightwave LLC. Mund mentioned the public hearing for this ordinance was held two weeks ago at the City Council meeting. There were no questions from the Committee. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee introduce and adopt Ordinance No. 6513 for Franchise Agreement No. 13 -28 for Electric Lightwave LLC. Motion carried 3 -0. 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 Street Systems Engineer Carter stated 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 three weeks which will allow this project to be completed this year as the work is weather dependent. There were no questions from the Committee. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee adopt Resolution No. 5100. Motion carried 3 -0. C. Public Works Project No. CP1409 (Wickstrom) Grant permission to initiate Project No. CP1409, Oravetz PI SE Flooding Mitigation Page 2 of 7 Page 5 of 194 CA.A Project Engineer Wickstrom explained staff is seeking permission to initiate Project No. CP1409, Oravetz Place SE Flooding Mitigation. The purpose of the project is to mitigate flooding problems occurring near the Danner Corporation property located at 307 Oravetz Place SE. The work will consist of installing approximately 500 feet of a new storm drainage line across the City's property currently being used by the Auburn Valley Humane Society (4910 A Street SE) and connecting into the existing storm drainage system on A Street SE. Construction of this project is anticipated to start November 2014. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee grant permission to initiate Project No. CP1409, Oravetz Place SE Flooding Mitigation. Motion carried 3 -0. 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 Assistant Director of Engineering /City Engineer Gaub advised the Committee of the Agenda Modification which replaces the existing packet materials for Action Item D, Public Works Project No. CP1322. Project Engineer Barba stated staff is seeking approval to award Contract 14 -16 to American Electrical Services on their low bid for Project No. CP1322, Annual Traffic Signal Improvements. Chairman Osborne noted that the bid came in 7% below the Engineers Estimate. There were no questions from the Committee. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve award of Contract No. 14 -16, to American Electrical Services on their low bid of $132,711.00 for Project No. CP1322, Annual Traffic Signal Improvements. Motion carried 3 -0. 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 Assistant Director of Engineering /City Engineer Gaub advised the Committee of the Agenda Modification which replaces the existing packet materials for Action Item E, Public Works Project No. CP1208. Page 3 of 7 Page 6 of 194 Project Engineer Truong explained staff is seeking approval to award Contract No. 14 -10 to R.L. Alia Company on their low bid for Project No. CP1208, Sewer Pump Station Improvements. There was a group discussion regarding the budget of this project following a question asked by Chairman Osborne. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve award of Contract No. 14 -10, to R.L. Alia Company on their low bid of $994,822.00 plus Washington State sales tax of $94,452.09 for a total contract price of $1,089,274.09 for Project No. CP1208, Sewer Pump Station Improvements. Motion carried 3 -0. 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 Acting Utility Engineer Fenhaus explained this agreement will allow FCS Group to prepare the Financial Chapters in the water, sewer and storm drainage Comprehensive Plans. There were no questions from the Committee. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee 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. Motion carried, 3 -0. IV. DISCUSSION ITEMS CA.A 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. For the purpose of these minutes, this item was discussed after Discussion Item B. Page 4 of 7 Page 7 of 194 CA.A Planning & Design Services Manager Chamberlain provided a brief background summary of ACC 10.36 Stopping, Standing and Parking — Phase 1. Following a question asked by Chairman Osborne, Planning & Design Services Manager Chamberlain spoke regarding the authority to designate parking restrictions on page 61 of the packet. This was followed by a group discussion. There was a group conversation regarding the timed parking zones specifications and locations. B. Tacoma Water Agreement (Fenhaus) For the purpose of these minutes, this item was discussed prior to Discussion Item A. Acting Utility Engineer Fenhaus brought two guests to the table and introduced Chris McMeen and Sean Senescall who are representing the Tacoma Water Utility. Acting Utility Engineer Fenhaus provided a brief background summary of the various Tacoma and Cascade Agreements that are in place and the proposed Tacoma Water Agreement. There was a short group discussion. Assistant Director of Engineering /City Engineer Gaub responded to a question asked by Vice -Chair Peloza regarding a termination clause and that it is not necessary for this agreement as the City can choose not to take any water and will not incur costs. Community Development and Public Works Director Snyder also noted that this agreement has been reviewed by Risk Management and the City Attorney. Mr. McMeen explained how the 5.12 MGD and 4.92 MGD for peak - period were calculated on page 139 of the packet following a question asked by Vice -Chair Peloza. In response to a question asked by Vice -Chair Peloza, Mr. McMeen explained requirements that Tacoma has in scheduling the amount of water they plan to take and how the timing of the scheduling on page 143 of the packet relates to that. C. Capital Project Status Report (Sweeting) Item 7 — CP1122 — 30th Street NE Storm Improvements: Assistant City Engineer Sweeting mentioned bids opened for this project on September 2nd and were significantly higher than Page 5 of 7 Page 8 of 194 anticipated. Therefore, staff is preparing a recommendation to reject all bids and re- advertise the project in the spring of 2015. Item 16 — CP1402 — 2014 Citywide Pavement Patching and Overlay Project: Assistant City Engineer Sweeting provided the Committee with an updated status of the project and stated bidding is projected to go out in December 2014 or January 2015. Item 18 — CP1109 — 2011 Storm Pipeline Repair and Replacement, Phase 2: Assistant City Engineer Sweeting noted the advertisement of this project has been withheld until January 2015 in order to try and get into the more favorable bidding and construction season. Item 20 — CP1119 — Auburn Way South Corridor Improvements — Fir St. SE to Hemlock St. SE: Assistant City Engineer Sweeting indicated he has reached out to the FAA and left a phone message explaining what the current status was and is waiting to hear back. This was done per the request of Chairman Osborne to make contact with the FAA. D. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Item 3 — 124th Ave SE Half Street Road Improvements: Assistant Director of Engineering /City Engineer Gaub confirmed this project is nearing completion following a question asked by Chairman Osborne. E. Action Tracking Matrix (Gaub) Chairman Osborne requested to add the wash boarding area on 105th Place SE at 107th to the Matrix. Staff will review the current plans and consult with the Mayor and then report back to the Committee. V. ADJOURNMENT CA.A There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:22 p.m. Approved this 6th day of October, 2014. Wayne Osborne Molly Mendez Chairman Public Works Department Secretary Page 6 of 7 Page 9 of 194 CA.A Page 7 of 7 Page 10 of 194 AuBuRN ITY Cdr • \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Right -of -Way Use Permit No. 14 -39 September 29, 2014 Department: Attachments: Budget Impact: Public Works Permit Conditions $0 Street Closures Vicinity Map Administrative Recommendation: Public Works Committee approve Right -of -Way Use Permit No. 14 -39 for Auburn Parks, Arts and Recreation Santa Parade. Background Summary: Right -of -Way Use permit 14 -39 would allow the City of Auburn Parks, Arts and Recreation Department to use City streets on Saturday, December 6, 2014, from 3:30 pm to 7:30 pm, for their annual Santa Parade. Please see the attached list of streets and map for specific street closures and times. The Parks Department has made all necessary street closure arrangements with the Community Development and Public Works and Police Departments, and Valley Regional Fire Authority. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Price Meeting Date: October 6, 2014 Item Number: ACT.A ACT.A AUBURN * MORE THAN YOU IMAGINED Page 11 of 194 Right -of -Way Use Permit #14 -39 Special Conditions for Auburn Parks, Arts and Recreation Santa Parade Staff recommends approval of the permit, subject to the following conditions: 1. Applicant shall maintain a 5 -foot clear path for pedestrians on the sidewalk. 2. Applicant shall adhere to the approved traffic control plan and street closure list. 3. Auburn Police will direct traffic at the intersections of A Street SE /Auburn Avenue and E Main Street and Auburn Way S/N and E Main Street to allow traffic through during gaps in the parade. 4. Applicant shall provide parade marshals stationed at D Street NE and E Main Street to clear pedestrians in the event of a police response emergency. 5. Applicant shall provide additional lighting to the satisfaction of the city engineer on E Street NE during the parade to assist in the staging of the parade. 6. Applicant shall obtain a Parade Permit from Community Development and Public Works. 7. The City reserves the right to adjust the terms and conditions or revoke this Right -of -Way Use Permit pending the following considerations: a. Public complaints involving perceived issues impacting public use of the ROW affected by the permit. b. Public comment or other community interest concerns. c. Any emerging issue or change in use of the ROW that may impact the public interest, as follows: • The remaining capacity of the rights -of -way to accommodate other uses if the applicant's proposed use is granted. • The effect, if any, on public health, safety, and welfare if the authorization is granted. • Such other factors as may demonstrate that the grant to use the rights -of- way will serve the community interest. ACT.A Page 12 of 194 SANTA PARADE STREET CLOSURES — December 6, 2014 3:30pm — 7:30pm 1. Main Street between E Street NE and B Street NW (closed and cleared) 2. A Street SW /NW from 1st Street SW to 1st Street NW 3. Division Street from 2nd Street SW to 1st Street NW 4. 1St Street NE from A Street NW to N. Division Street 5. E Street NE between Main and 4th Street NE — Put no parking signs out prior to event 4:30pm — 5:OOpm 6. Auburn Police control traffic on Auburn Way and E Main Street to allow traffic through during breaks in the parade. 7. Auburn Police control traffic on Auburn Avenue and Main Street to allow traffic through during breaks in the parade. ACT.A Page 13 of 194 // 1 1 1 1 1 1 1 Q 3RD ST NW Iatl3Htl l n013a 1 Ian01tl3H3a tl 1 atl3Htl a3Sal3 atlaa 2ND ST NW 3 anai3a 0u3naL i nani D a3Sal3 atlas 1ST ST S EAD ROAD CLOSED AHEAD 2ND ST SW 3RD ST SW ST-�W Tq J LST ST N 9 MOO 13a m33naL nar Di a3S013 atl0 l ROAD CLOSED 1 I IlflEADI AHEAD ROAD CLOSED AHEAD z N 1 1 1 1 1 1 1_ 1 1 1 1 1 4TH ST NE MOM MOM ® MMEN MOM MEM ® M atlaa Iatl3Htl n0L3a 1 atl3Htl a3Sal3 atlaa E MAIN ST z ( lanal3al 2ND ST SE v 1 3RD ST NE lanai3al Inuml ROAD CLOSED 0 D iRAFF[C - DEM. MM. ROAD CLOSED ROAD LOSER Place near G St E MAIN STz 1 1 1 1 2ND ST SE 4TH ST SE (4 N L 5TH ST SE AUBURN SANTA PARADE SATURDAY, DECEMBER 6, 2014 3 :30 PM — 7:30 PM i LEGEND ACT.A CLOSED STREETS from 3:30pm- 6:30pm DETOUR ROUTE ROAD CLOSED DETOUR ROAD CLOSURE SIGNS DETOUR ROUTE SIGNS 0 POLICE CONTROLLED TO ALLOW TRAFFIC THROUGH DURING BREAKS IN THE PARADE & FOR EMERGENCY VEHICLES PARADE MARSHALLS TO MOVE PEDESTRIANS IN THE EVENT OF A POLICE RESPONSE EMERGENCY Page 14 of 194 AuBuRN ITY OF � \VASH E NGTo Agenda Subject: Right -of -Way Use Permit No. 14 -40 Department: Public Works AGENDA BILL APPROVAL FORM Attachments: Permit Conditions Vicinity Map Administrative Recommendation: Date: September 29, 2014 Budget Impact: $0 Public Works Committee approve Right -of -Way Use Permit No. 14 -40 for Auburn Parks, Arts and Recreation Halloween Harvest Festival. Background Summary: Right -of -Way Use permit 14 -40 would allow the City of Auburn Parks, Arts and Recreation Department to use B Street NE between Main Street and 1st Street NE on Saturday, October 25, 2014, from 12:00 pm to 6:00 pm, for a Halloween Harvest Festival. Parking on B Street NE will be restricted all day. The parking lots adjacent to B Street NE will remain open and accessible. Please see the attached map and conditions for additional information. Reviewed by Council Committees: Public Works Councilmember: Osborne Meeting Date: October 6, 2014 Staff: Price Item Number: ACT.B ACT.B AUBURN * MORE THAN YOU IMAGINED Page 15 of 194 Right -of -Way Use Permit Special Conditions for ROW Use Permit 14 -40 Staff recommends approval of the permit, subject to the following conditions: 1. Applicant's failure to comply with any provisions /conditions of this permit shall be terms for immediate termination. 2. Applicant shall maintain current insurance throughout the life of the permit and provide the City with proof that they are insured. 3. Applicant shall provide a signed and notarized Hold Harmless agreement. 4. Applicant shall comply with the City's nuisance code under ACC 8.12. 5. Applicant shall keep the public ROW free of litter and drink or food waste. 6. The City reserves the right to adjust the terms and conditions or revoke this Right -of -Way Use Permit pending the following considerations: a. Public complaints involving perceived issues impacting public use of the ROW affected by the permit. b. Public comment or other community interest concerns. c. Any emerging issue or change in use of the ROW that may impact the public interest, as follows: i. The remaining capacity of the rights -of -way to accommodate other uses if the applicant's proposed use is granted. ii. The effect, if any, on public health, safety, and welfare if the authorization is granted. iii. Such other factors as may demonstrate that the grant to use the rights -of -way will serve the community interest. 7 Applicant shall return the right -of -way to the same condition they found it, and shall remove any garbage or equipment they bring in. 8. Road Closure of B St NE between Main Street and north driveway to B Street Parking lots, south of 1st Street NE on Saturday, October 25, 2014 from 12:00 pm to 6:00 pm. a. City of Auburn Parks Department will provide, set up and take down street closure signs and barricades to open and close the road for the event. b. City of Auburn Streets Division will provide and set up advanced notification of No Parking" signage for all parking on B St NE. No parking will be in effect all day. c. City of Auburn Parks Department shall remove No Parking signs at the end of the event and place off to the side so that they do not impede pedestrian or vehicular traffic for the Streets Division to pick up. ACT.B Page 16 of 194 r A, [ Ir 7171� i' t 1 winii,L u .. . 1_.:. ..., ,.., ;.-- . ., • 1 r l ;- tiip 1: ItAisai 1s8Mel-1 Joj pesngaq oT eaiy . 1 r. N 1S G z' F i 45 ' any uJngny oquo �f Aaliv pue iN }S 8 oiuo Or A8meAIJp LIIJOU jU sse' Et - t•,.. r L pm 6U17IJed Jej uedo up wed of sioi blipped �� ' 4 a- r ` ' - I ` o:1a } _ �. • 8 AS iff I - 4 At- } ,. r . . a {I CITY , r AUBURN vASHINu Agenda Subject: Public Works Project No. CP1122 Department: Public Works AGENDA BILL APPROVAL FORM Attachments: Budget Status Sheet Bid Tab Summary Vicinity Map Administrative Recommendation: Date: September 29, 2014 Budget Impact: $0 Public Works Committee Recommend City Council Reject all Bids to Contract No. 14- 08 for Project No. CP1122, 30th Street NE Area Flooding Phase 1. Background Summary: The purpose of this project is to design and construct a new 42 -inch storm line from the northwest corner of the airport property to the existing Brannan Park Pump Station. The pipe will replace the existing 30 -inch storm pipe generally located along 30th Street NE and the northerly boundary of Brannan Park. The project will relieve street flooding that results from the limited capacity of the existing 30 -inch line to convey the storm water to its current Brannan Park Pump Station discharge point. The project also includes street preservation improvements along 30th Street NE as part of the Arterial Preservation Program. Bids were opened on September 4, 2014, seven bids were received with the bid range of $4,872,457.62 to $6,711,772.92 (tax included). The lowest responsive bid was approximately 12% ($874,712.24) above the Engineers Estimate, which exceeds the available funds for this project. Therefore, City Staff recommends rejecting all bids in the best interest of the City and re- advertise the project in the Spring of 2015. It is anticipated that a Spring advertisement will provide for a more favorable bidding and construction season. The total Storm Fund budget for this project is $4,400,702.00. If this contract was to be awarded, it would require a budget adjustment of approximately $872,458.00. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Truong ACT.0 AUBURN * MORE THAN YOU IMAGINED Page 18 of 194 Meeting Date: ACT.0 October 6, 2014 Item Number: ACT.0 AUBURN * MORE THAN YOU IMAGINED Page 19 of 194 BUDGET STATUS SHEET Project No: CP1122 Project Title: 30th Street NE Area Flooding - PHASE 1 Project Manager: Kim Truong Initiation Date: 1/7/13 Advertisement Date: 6/16/14 Award Date: r- 0 Consultant Agreement O Permision to Advertise O Contract Award O Change Order Approval O Budget Update Date: 09/23/14 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2012 2013 2014 2015 Total 432 Fund - Storm (Public Works Trust Fund) 49 12,362 26608 4,100,000 10,000 4,110,000 432 Fund - Storm 49 12,362 278,291 80,000 10,000 290,702 102 Arterial Street Fund 0 0 312 250,000 0 250,000 Total 49 12,362 278,291 4,350,000 10,000 4,650,702 Estimated Cost (Funds Needed) Activity Prior Years 2012 2013 2014 2015 Total Design Engineering - City Costs 49 12,362 26608 30,000 (10,000) 69,020 Design Engineering - Consultant 49 12,362 251370 80,000 10,000 331,370 Permits 0 0 312 0 0 312 Construction Estimate 0 0 0 4,872,458 0 4,872,458 Project Contingency 150,000 150,000 Construction Engineering - Consultant 30,000 30,000 Construction Engineering - City Costs 60,000 10,000 70,000 Total 49 12,362 278,291 5,222,458 10,000 5,523,160 432 Storm Budget Status * (# ) in the Budget Status Sections indicates Money the City has available. ACT.0 Page 20 of 194 Prior Years 2012 2013 2014 2015 Total *432 Funds Budgeted () (49) (12,362) (278,291) (4,100,000) (10,000) (4,400,702) 432 Funds Needed 49 12,362 278,291 4,972,458 10,000 5,273,160 *432 Fund Project Contingency () 0 0 (0) 0 0 0 432 Funds Required 0 0 0 872,458 0 872,458 * (# ) in the Budget Status Sections indicates Money the City has available. ACT.0 Page 20 of 194 102 Arterial Street Budget Status Prior Years 2012 2013 2014 Total *102 Funds Budgeted () 0 0 0 (250,000) (250,000) 102 Funds Needed 0 0 0 250,000 250,000 *102 Fund Project Contingency () 0 0 0 0 0 102 Funds Required 0 0 0 0 0 * (# ) in the Budget Status Sections indicates Money the City has available. ACT.0 Page 20 of 194 BID TABULATION BID TOTALS SUMMARY 0D 4 C) c4 0 0 a) N t a_ a3 0 0 ;" co co N Q CA LIJ TT Cs Cs z CA CO i M En o i o 0 1 0 6) N N Ca r T N. N en COP is. CO -tJ CO CO ca E. ti e-: Co N- C- et LC) (/) 69 69 Basic BID Amount w E 69 69- 69- O 7 CNI N Q Z I- D Z r p eh 0 D a.4' �¢2 0 U rn Q p< *m❑ �j 0 w W cn Q E m (n z -0 W LB ❑ � 2 ai LU 0 m 0 CU ff. cti ?�v ••••.1 Qp O N o LLI c n a.. Rm WQm ACT.0 Road Construction NW Pacific Civil & Infrastructure W CI CI 0 m -E o 0 o m Road Construction NW Pacific Civil & lnfrastructur 0 C 0 tl E 0 0 U 0 ca a) t m Frank Colluccio Constructi ca a. E O U 0 E H N 0 C N_ E0 P-, U -. 5 o w� �ba) N E cc 4 as cr Page 21 of 194 Afri sT TN ST w w Oft U 37TH ST NE 3511 ST NE AUBURN WAY N 35TH ST NE 32ND. Ft NE 32ND STAFL ( (7 3011-1 ST Nw 3101H ST NE 3O1N T Phase 1 Project Area AUBURN MUNICIPAL AIRPORT 26TH ST 2 411E TOTH S Wor 1 5TH ST NE ° E 1$P1 -I ST NE 25TH ST ME 28TFI ST NE_ 26TH 97 NE 3 24TH ST UT BRANNAN PARK _24TH ST NE AHBURsT WASHINGBEIM Vicinity Map 30th Street NE Area Flooding, Phase 1 NOT TO CAL ACT.0 Page 22 of 194 AuBuRN -ITY F WASH NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Public Works Project No. CP1308 September 29, 2014 Department: Attachments: Budget Impact: Public Works Budget Status Sheet $0 Vicinity Map Administrative Recommendation: Public Works Committee Recommend City Council Approve Award of Contract No. 14 -04, to the Lowest Responsible Bidder for Project No. CP1308 BNSF Utility Crossings. Background Summary: This project will construct utility improvements required by the Burlington Northern Santa Fe Railway (BNSF) to accommodate the new BNSF 3rd rail line that will extend within Auburn's City limits from Ellingson Road to South 277th Street along the west side of the existing north -south tracks. This work must be completed by the City as BNSF is the underlying owner of the Right -of -Way. BNSF requires that all utilities are constructed in casings to protect them from train loadings and to allow maintenance and replacement without impacting rail traffic. Several City utilities that cross the rail alignment were constructed prior to the implementation of BNSF's casing requirement and are not encased adequately to address the proposed 3rd rail. This project will replace these utilities in casings that meet BNSF requirements and construct the associated roadway and other surface restoration. Because the bid opening was held on September 30, 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 October 6, 2014. Updated information regarding the budget status will be presented with the revised agenda bill. The estimated total project cost for water improvements is $780,001.00, which is equal to the amount budgeted within the Water Fund for the project. ACT.D AUBURN * MORE THAN YOU IMAGINED Page 23 of 194 The estimated total project cost for sewer improvements is $441,000.00, which is equal to the amount budgeted within the Sewer Fund for the project. A project increase of $20,000.00 within the Storm Fund will be necessary, however it will not require a budget adjustment since it is anticipated that the budgeted expenditures in the Storm Funds will not be exceeded this year. A project increase of $420,000.00 within the Arterial Preservation Fund will be necessary, however it will not require a budget adjustment since it is anticipated that the budgeted expenditures in the Transportation Funds will not be exceeded this year. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Truong Meeting Date: October 6, 2014 Item Number: ACT.D ACT.D AUBURN * MORE THAN YOU IMAGINED Page 24 of 194 BUDGET STATUS SHEET Project No: CP1308 Project Title: BNSF Utility Crossings Project Manager: Kim Truong Initiation Date: 5/13/13 Advertisement Date: 9/2/14 Award Date: Date: 9/23/14 O Permision to Advertise 0 Contract Award O Change Order Approval O Budget Update The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2013 (actual) 2014 Total 430 Fund - Water (Bond Proceeds) 0 51,357 728,644 780,001 431 Fund - Sewer 0 14,440 426,560 441,000 432 Fund - Storm Drainage (Bond Proceeds) 0 42,328 523,773 566,101 105 Fund - Arterial Preservation 0 0 0 0 Total 0 108,125 1,678,977 1,787,102 Activity Prior Years 2013 (actual) 2014 Total City Design 0 26,683 23,949 50,632 Consultant Design 0 85,341 137,581 222,922 Construction Contract 0 0 1,686,779 1,686,779 Authorized Contingency 0 0 181,200 181,200 BNSF Permits 0 0 44,469 44,469 Construction Engineering 0 0 45,000 45,000 Total 0 112,024 2,118,977 2,231,001 430 Water Budget Status 431 Sewer Budget Status Prior Years 2013 (actual) 2014 Total *430 Funds Budgeted () 0 (51,357) (728,644) (780,001) 430 Funds Needed 0 51,357 728,644 780,001 *430 Fund Project Contingency () 0 0 (0) (0) 430 Funds Required 0 0 0 0 431 Sewer Budget Status 432 Storm Budget Status Prior Years 2013 (actual) 2014 Total *431 Funds Budgeted () 0 (14,440) (426,560) (441,000) 431 Funds Needed 0 14,440 426,560 441,000 *431 Fund Project Contingency () 0 0 0 0 431 Funds Required 0 0 0 0 432 Storm Budget Status 105 Arterial Preservation Budget Status Prior Years 2013 (actual) 2014 Total *432 Funds Budgeted () 0 (42,328) (523,773) (566,101) 432 Funds Needed 0 42,328 543,773 586,101 *432 Fund Project Contingency () 0 0 0 0 432 Funds Required 0 0 20,000 20,000 105 Arterial Preservation Budget Status A( #)in the Budget Status Sections indicates Money the City has available. .D Page 25 of 194 Prior Years 2013 (actual) 2014 Total *105 Funds Budgeted () 0 0 0 0 105 Funds Needed 0 0 420,000 420,000 *105 Fund Project Contingency () 0 0 0 0 105 Funds Required 0 0 420,000 420,000 A( #)in the Budget Status Sections indicates Money the City has available. .D Page 25 of 194 B PL NW U C z 3 th ST _W_ ■ ST ■ ■ SS ■ LEGEND WATER MAIN CROSSING STORM DRAINAGE CROSSING SANITARY SEWER CROSSING PROJECT SITE #3 (37th Street NW) 2eth sr am AUBURN COLE COURSE Slr fir 26th ST NW F 22nd ST ST NW 15th PROJECT SITE #4 (Black Diamond Rd) CITY OF AU u' ACT. D B WASHINGTON BNSF UTILITY CROSSINGS PROJECT VICINITY MAP August 2014 NOT TO SCALE Page 26 of "194 AuBuRN 1YY OF � wAs - IENGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Public Works Project No. C524A September 29, 2014 Department: Attachments: Budget Impact: Public Works Budget Status Sheet $0 Vicinity Map Administrative Recommendation: Public Works Committee Recommend City Council Approve Change Order No. 4 in the Amount of $10,369.73 to Contract No. 14 -05 for Work on Project No. C524A SCADA Physical Site Improvements. Background Summary: The Physical Site Improvements construction contract is a part of the SCADA Upgrades project and is constructing security upgrades including site fencing, equipment panel shelters, gates, and other enhancements at various sewer, storm, and water facilities throughout the City. Change Order No. 4 accounts for modifications to the planned equipment shelters at two storm pump station facilities. These modifications are needed to accommodate existing utilities that were not accounted for in the original design. A project increase of $9,395.00 within the 432 Storm Utility Fund will be necessary to fund the change order, however, it will not require a budget adjustment due to the deferment of other projects funded by the 432 fund. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Sweeting Meeting Date: October 6, 2014 Item Number: ACT.E ACT.E AUBURN * MORE THAN YOU IMAGINED Page 27 of 194 BUDGET STATUS SHEET Project No: C524A Project Title: SCADASystem Improvements Project Manager: Jacob Sweeting Initiation Date: 3/5/2007 Advertisement Date: 3/18/2014 Award Date: 2/22/2011(Tech Contract) O Project Initiation O Permision to Advertise Physical Imp O Consultant Agreement 7) Change Order Approval Date: September 16, 2014 Funds Budgeted (Funds Available) Funding 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total 430 Fund- Water 657,779 1,669,604 358,616 588,790 3,274,789 431 Fund - Sewer 329,737 1,044,185 234,409 306,666 1,914,997 432 Fund - Storm 151,347 443,060 145,531 136,833 876,771 431 Fund - Emergency Sewer Repairs 0 0 0 20,000 20,000 Total 1,138,863 3,156,849 738,556 1,052,289 6,086,557 Estimated Cost (Funds Needed) Activity 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total Design Engineering City 14,285 17,150 561 3,329 35,325 Technology Contract 1,107,440 3,065,875 679,219 330,602 5,183,136 Physical Site Security Construction Contract 0 0 0 518,500 518,500 Physical Site Security Contract - Change Order 1 - Emergency Repairs (Sewer) 0 0 0 15,000 15,000 Physical Site Security Contract - Change Order 2 - Additional Fence (Water) 27,469 27,469 Physical Site Security Contract - Change Order 3 - Emergency Repairs (Sewer) 5,000 5,000 Physical Site Security Contract - Change Order4 - Shelter Modifications (Storm) 10,370 10,370 Remaining Physical Security Imp. Contingency (5%) 0 0 0 15,905 15,905 Construction Engineering 17,138 73,824 58,776 124,000 273,738 Total 1,138,863 3,156,849 738,556 992,336 6,026,604 430 Water Budget Status 431 Sewer Budget Status 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *430 Funds Budgeted () (657,779) (1,669,604) (358,616) (588,790) (3,274,789) 430 Funds Needed 657,779 1,669,604 358,616 577,408 3,263,407 *430 Fund Project Contingency () 0 0 0 (11,382) (11,382) 430 Funds Required 0 0 0 0 0 431 Sewer Budget Status 432 Storm Budget Status 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *431 Funds Budgeted () (329,737) (1,044,185) (234,409) (326,666) (1,934,997) 431 Funds Needed 329,737 1,044,185 234,409 326,539 1,934,870 *431 Fund Project Contingency () 0 0 0 (127) (127) 431 Funds Required 0 0 0 0 0 432 Storm Budget Status * ( #) in the Budget Status Sections indicates Money the City has available. AH: RTOE J \C524A- SCADAImp \Budget \C524A BudgetStatusSheet.xls . 1of1 PPage 9218'2of 194 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *432 Funds Budgeted() (151,347) (443,060) (145,531) (136,833) (876,771) 432 Funds Needed 151,347 443,060 145,531 146,228 886,166 *432 Fund Project Contingency () 0 0 0 0 0 432 Funds Required 0 0 0 9,395 9,395 * ( #) in the Budget Status Sections indicates Money the City has available. 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NID O1b2f3W3 I Jl 133815 0 is Hutts- f J W CITY , r AUBURN wASHINu AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 5102 September 29, 2014 Department: Attachments: Budget Impact: Public Works Resolution Na 5102 $0 W hdesale Water Supply Agreement Administrative Recommendation: Public Works Committee Recommend that City Council Adopts Resolution No. 5102 Background Summary: Resolution No. 5102 authorizes the Mayor to enter into a Wholesale Water Supply Agreement with the City of Tacoma, Department of Public Works, Water Division (Tacoma). In 2012 the City signed an agreement with Tacoma for wholesale water supply for up to 1.0 million gallons per day (MGD) average annual daily water use. 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 (Cascade) to purchase an additional 2.5 MGD of Tacoma water. This would be accomplished by paying to Cascade the system development charges that Cascade previously paid to Tacoma. Tacoma approved the agreement between Auburn and Cascade. The proposed agreement amends, restates, and supersedes the 2012 Wholesale Water Supply Agreement between Auburn and Tacoma, and provides for a total of 3.5 MGD (annual average daily demand) of wholesale water supply and the associated peak amounts from the other agreements. Following execution of this new agreement, the City intends to negotiate a wholesale market rate price for water for up to a 20 year period with Tacoma. The new rate will be presented at a later meeting as an addendum to this new agreement. Reviewed by Council Committees: Finance, Public Works Councilmember: Osborne Staff: Fenhaus ACT.F AUBURN * MORE THAN YOU IMAGINED Page 30 of 194 Meeting Date: ACT.F October 6, 2014 Item Number: ACT.F AUBURN * MORE THAN YOU IMAGINED Page 31 of 194 RESOLUTION NO. 5 1 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A WHOLESALE WATER AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF TACOMA WHEREAS, the City of Auburn is obligated to provide an adequate water supply to meet customer demand; and WHEREAS, the City has adopted a combined water supply strategy that includes improving City sources to fully utilize its water rights and purchasing water from adjacent purveyors; and WHEREAS, on June 4, 2012, the City of Auburn City Council adopted Resolution No. 4822 authorizing the Mayor to execute a Wholesale Water Agreement with the City of Tacoma, which agreement allowed the City to purchase water in keeping with the City's supply strategy; and WHEREAS, in July 2012, the City of Auburn entered into the Wholesale Water Agreement with the City of Tacoma, Department of Public Works, Water Division (Tacoma) to purchase 1.0 million gallons per day (MGD) (annual average daily use) water at a wholesale rate; and WHEREAS, in September 2013, the City of Auburn entered into the Agreement for the Purchase and Sale of Credits Relating to Permanent Wholesale Water Supply Capacity with Cascade Water Alliance (Cascade) for 2.5 MGD (annual average daily use) of Tacoma water; and Resolution No. 5102 September 25, 2014 Page 1 of 2 ACT. F Page 32 of 194 WHEREAS, the City desires to enter into a Wholesale Agreement with the City of Tacoma to utilize the 2.5 MGD water purchased from Cascade along with the existing 1.0 MGD, for a total of 3.5 MGD annual average daily use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Wholesale Water Agreement between the City of Auburn and the City of Tacoma, which agreement shall be in substantial conformity with agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and signed this day of , 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5102 September 25, 2014 Page 2of2 ACT. F Page 33 of 194 Exhibit A 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 1 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 34 of 194 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 ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 35 of 194 "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 ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 36 of 194 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 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 37 of 194 (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 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 38 of 194 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 Supply" 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. 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, Page 6 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 39 of 194 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. 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. Page 7 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 40 of 194 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 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. Page 8 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 41 of 194 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. 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 Page 9 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 42 of 194 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. 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, Page 10 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 43 of 194 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 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 Page 11 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 44 of 194 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 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. Page 12 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 45 of 194 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 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 Page 13 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 46 of 194 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. 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: Page 14 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 47 of 194 Tacoma: City: Water Superintendent P.O. Box 11007 Tacoma, WA 98411 Phone: (253) 502 -8245 Fax: (253) 502 -8694 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. 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 Page 15 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 48 of 194 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 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. Page 16 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 49 of 194 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 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 50 of 194 IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date. Dated this day of ,2014. City of Tacoma City of Auburn Department of Public Utilities Water Division Linda A. McCrea Water Superintendent Nancy Backus Mayor Approved as to form: Approved as to form: Page 18 of 18 WHOLESALE WATER SUPPLY AGREEMENT ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 51 of 194 Flow Capacity (mgd) To/From Utility kr) kc, Pi tri ... P4 Flow Capacity igpiu TofFrom Utility 0 0 0 0 , o o N. CA > e,„) Operating Pressure (psi) 0 00 Tacoma 0N C. CO) er) N ,-4 Static Elevation (ft) 51 ri"" <4 M .. V) C\1 P'"-■ 00 00 01 N Lel Tacoma ...,... Meter 0 C/) Irttertie Location 1 111_14.1.1.1.11, .1 at. "B" St NW Auburn, WA STA 765+05) Tacoma Water Pipeline 5 at 29600 132nd Ave SE, Kent, WA (STA 933+00) ACTREsolution No. 5102 Page 52 of 194 MN '1S a ACTREsolution No. 5102 STA 765+05 H z W (l) D N r') 0 0) NW, AUBURN, F- (1) cr. i z tai z L i_ U (n Page 53 of 194 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. 1. 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. 3. 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 1 of 3 DISPUTE RESOLUTION PROCEDURES ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 54 of 194 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. 5. 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 DISPUTE RESOLUTION PROCEDURES ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 55 of 194 8. 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 DISPUTE RESOLUTION PROCEDURES ACTRrs914- 0002/LEGAL120772987.5 olution No. 5102 Page 56 of 194 CITY , r AUBURN vASHINu Agenda Subject: Ordinance No. 6535 Department: Community Development & Public Works AGENDA BILL APPROVAL FORM Attachments: Ordinance No. 6535 Administrative Recommendation: Date: September 30, 2014 Budget Impact: $0 Public Works Committee recommend approval of Ordinance No. 6535 to full City Council. Background Summary: 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. 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: ACT.G 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 AUBURN * MORE THAN YOU IMAGINED Page 57 of 194 10.36.270(A) continues to provide enforcement authority for all signed on- street parking restrictions. 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. Staff discussed the Phase 1 update of ACC 10.36 with the Public Works Committee at its September 15, 2014 regular meeting. The Committee expressed support for the proposed Phase 1 update of ACC 10.36. At the September 22, 2014 Planning and Community Development (PCDC) meeting, the Committee expressed support for the proposed amendments. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal, Planning, Engineering, and Police Councilmember: Osborne Staff: Chamberlain Meeting Date: October 6, 2014 Item Number: ACT.G ACT.G AUBURN * MORE THAN YOU IMAGINED Page 58 of 194 ORDINANCE NO. 6 5 3 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 10.36 OF THE AUBURN CITY CODE RELATED TO PARKING RESTRICTIONS WHEREAS, the City of Auburn regulates timed parking within certain areas of the City, particularly Downtown Auburn; and WHEREAS, parking restrictions are outlined in Chapter 10.36 of the Auburn City Code; and WHEREAS, the City Council adopted Resolution No. 5031 adopting the Comprehensive Downtown Parking Management Plan (CDPMP) for parking policy development and implementation in Downtown Auburn; and WHEREAS, within the CDPMP several short term, mid term, and long term parking management strategies were identified and the first strategy being addressed is modifying Auburn City Code Chapter 10.36 to allow administratively changes to timed parking within Downtown Auburn; and WHEREAS, the Public Works Committee of City Council reviewed the proposed amendments to Auburn City Code Chapter 10.36 at their September 15, 2014 meeting; and WHEREAS, the Planning and Community Development Committee of City Council reviewed the proposed amendments to Auburn City Code Chapter 10.36 at their September 22, 2014 meeting; and Ordinance No. 6535 September 30, 2014 Page 1 of 33 ACT.G Page 59 of 194 WHEREAS, the Public Works Committee of City Council made a recommendation to the full Auburn City Council at their October 6, 2014 meeting; and WHEREAS, upon the recommendation of staff, City Council determines that amending Auburn City Code 10.36 will facilitate the implementation of the CDPMP and is therefore in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 10.36 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 10.36 STOPPING, STANDING AND PARKING Sections: General Provisions 10.36.010 10.36.020 10.36.030 10.36.040 10.36.050 10.36.060 10.36.065 10.36.070 10.36.080 10.36.090 Short title. Definitions. Exercise of police power. Chapter application. Regulations not exclusive. Additional rcgulations promulgation authority.Authority to designate parking restrictions. Leaving children unattended in standing vehicle with key in the ignition — Penalty. Enforcement personnel — Employment. Enforcement personnel — Authority. Enforcement personnel — Supervision. II. General Restrictions and Regulations 1 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. Ordinance No. 6535 September 30, 2014 Page 2 of 33 ACT.G Page 60 of 194 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. 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. III. 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 Ordinance No. 6535 September 30, 2014 Page 3 of 33 ACT.G Page 61 of 194 10.36.370 Fiftccn minutc parking zoncs. 10.36.380 One _hour parking zones 10.36.390 Two hour parking zoncs. 10.36.395 Thrcc hour parking zoncs. 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 10.36.450 10.36.460 10.36.470 Permission application required. Permit — Requirements. Space barricading. Violation — Penalty. VI. Loading Zones 10.36.480 10.36.490 10.36.500 10.36.510 1 10.36.515 10.36.520 10.36.530 Traffic identification. Repealed. School bus loading zoncs. Parking in loading zones. 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 Ordinance No. 6535 September 30, 2014 Page 4 of 33 ACT.G Page 62 of 194 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. 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. Ordinance No. 6535 September 30, 2014 Page 5 of 33 ACT.G Page 63 of 194 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 § 1, 2009; Ord. 6222 § 1, 2009; Ord. 6211 § 1, 2008; Ord. 5684 § 1, 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 § 1, 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.) 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, Three -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 emergency and City vehicles when in service. this chaptcr. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.120.) Ordinance No. 6535 September 30, 2014 Page 6 of 33 ACT.G Page 64 of 194 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" 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 Ordinance No. 6535 September 30, 2014 Page 7 of 33 ACT.G Page 65 of 194 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. 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: Ordinance No. 6535 September 30, 2014 Page 8 of 33 ACT.G Page 66 of 194 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: Ordinance No. 6535 September 30, 2014 Page 9 of 33 ACT.G Page 67 of 194 1.8h, 12" NO PARKING FIRE 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. Ordinance No. 6535 September 30, 2014 Page 10 of 33 ACT.G Page 68 of 194 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. 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 § 2, 1998; Ord. 4188 §§ 1 — 9, 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. Ordinance No. 6535 September 30, 2014 Page 11 of 33 ACT.G Page 69 of 194 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 § 1, 2012; Ord. 6273 § 1, 2009; Ord. 6222 § 2, 2009; Ord. 6035 § 1, 2006; Ord. 6030 § 1, 2006; Ord. 5943 § 1, 2005; Ord. 5492 § 1, 2001.) 10.36.191 Recreational vehicle parking. 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 § 2, 2009; Ord. 6222 § 4, 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 Ordinance No. 6535 September 30, 2014 Page 12 of 33 ACT.G Page 70 of 194 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 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.) Ordinance No. 6535 September 30, 2014 Page 13 of 33 ACT.G Page 71 of 194 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. 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 § 2, 1998; Ord. 4172 § 1, 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. Ordinance No. 6535 September 30, 2014 Page 14 of 33 ACT.G Page 72 of 194 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. 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.) 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. Ordinance No. 6535 September 30, 2014 Page 15 of 33 ACT.G Page 73 of 194 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. 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 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. Ordinance No. 6535 September 30, 2014 Page 16 of 33 ACT.G Page 74 of 194 same directly with the Auburn municipal court. (Ord. 6247 § 4, 2009; Ord. 6211 § 4, 2008; Ord. 6129 § 2, 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 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 § 1, 1996; Ord. 3339 § 1, 1978; Ord. 3165 § 1, 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. Ordinance No. 6535 September 30, 2014 Page 17 of 33 ACT.G Page 75 of 194 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 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 § 2, 1998; Ord. 4218 § 1, 1987; Ord. 3338 § 1, 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. Ordinance No. 6535 September 30, 2014 Page 18 of 33 ACT.G Page 76 of 194 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 § 1, 2001; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 2, 1998; Ord. 4769 § 2, 1995; Ord. 4358 §§ 2, 3, 1989; Ord. 4023 § 1, 1985.) III. Prohibited Parking Places and Areas 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; Ordinance No. 6535 September 30, 2014 Page 19 of 33 ACT.G Page 77 of 194 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; 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; Ordinance No. 6535 September 30, 2014 Page 20 of 33 ACT.G Page 78 of 194 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 mayor, the city council public works committcc, or thc full city council; providcd, that thc opportunity to rcqucst such changc be with thc city cnginccr, thcn thc mayor, thcn thc city council public works committcc, and thcn thc full city council. 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. Table 270 -1 Subsection 10.36.270(A)(1) 10.36.270(A)(2) 10.36.270(A)(3) 10.36.270(A)(7) 10.36.270(A)(8) 10.36.270(A)(10) 10.36.270(A)(16) 10.36.270(A)(17) If paid within 15 days $40.00 $40.00 $40.00 $50.00 $50.00 $40.00 $50.00 $50.00 If paid after 15th day $50.00 $50.00 $50.00 $60.00 $60.00 $50.00 $60.00 $60.00 (Ord. 6275 § 2, 2010; Ord. 6247 § 9, 2009; Ord. 6211 § 6, 2008; Ord. 6129 § 4, 2007; Ord. 6082 § 1, 2007; Ord. 5684 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140.) 10.36.275 Prohibited parking of semitrailers and trailers. Ordinance No. 6535 September 30, 2014 Page 21 of 33 ACT.G Page 79 of 194 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 § 2, 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 § 2, 1997; Ord. 4977 § 1, 1997; Ord. 4468 § 1, 1990; Ord. 4236 § 1, 1987; Ord. 4144 § 2, 1986; Ord. 4118 § 4, 1986; Ord. 4098 § 1, 1985; Ord. 4090 § 1, 1985; Ord. 4013 §§ 1, 2, 1984; Ord. 3902 § 1, 1983; Ord. 3854 § 1, 1983; Ord. 3736 § 1, 1982; Ord. 3508 §§ 1, 2, 1980; Ord. 3404 §§ 1, 2, 1979; Ord. 3332 § 2, 1979; Ord. 2997 § 2, 1976; Ord. 2891 § 1, 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 § 1, 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 § 5, 1986; Ord. 4098 § 2, 1985; Ord. 4013 § 3, 1984; Ord. 3881 § 1, 1983; Ord. 3841 § 1, 1983; Ord. 3736 §§ 2, 3, 4, 1982; Ord. 3362 § 1, 1979; Ord. 2996 § 2, 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 § 1, 2001; Ord. 5228 § 1, 1999; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5077 § 1, 1998; Ord. 4977 § 1, 1997; Ord. 4973 § 1, 1997; Ord. 4942 § 1, 1997; Ord. 4940 § 1, 1997; Ord. 4801 § 1, 1995; Ord. 4800 § 1, 1995; Ord. 4622 § 2, 1993; Ord. 4196 § 1, 1987; Ord. 4167 § 1, 1987; Ord. 4144 § 4, 1986; Ord. 4095 § 1, 1985; Ord. 4051 § 1, 1985; Ord. 4013 § 6, 1984; Ord. 3881 §§ 2, 3, 1983; Ord. 3359 § 1, 1979; Ord. 3332 §§ 3, 4, 6, 1979; Ord. 3011 § 1, 1975; Ord. 2995 § 2, 1976; 1957 code § 9.22.133.) 10.36.320 Prohibited parking areas - Southwest Auburn. Ordinance No. 6535 September 30, 2014 Page 22 of 33 ACT.G Page 80 of 194 Repealed by Ord. 6082. (Ord. 5559 § 1, 2001; Ord. 5485 § 1, 2000; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4977 § 1, 1997; Ord. 3723 § 1, 1982; Ord. 2994 § 2, 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 § 1, 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, 4 Ord. 5967 added this section as ACC 10.36.346. It has been editorially renumbered to avoid duplication. Ordinance No. 6535 September 30, 2014 Page 23 of 33 ACT.G Page 81 of 194 2007; Ord. 5841 § 3, 2004; Ord. 5768 § 2, 2003; Ord. 5740 § 1, 2003; Ord. 5724 § 6, 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. continuous timc than 15 minutcs of any day upon thc following namcd strccts and avcnucs in thc city: "A" Street Northwest, west side, from the south curbline of 1st Street Northwest, Wcst Main Strcct, north sidc, bcginning at a point 35 fcct cast of thc cast curblinc of "A" Strcct Northcast thcncc castcrly 50 fcct. (Ord. 5758 § 1, 2003; Ord. 5720 § 1, 2002; Ord. 5559 § 1, 2001; Ord. 5/185 § 1, 2000; Ord. 5212 § 1 (Exh. F), 1999; Ord. /1021 § 1, 198'1; Ord. 3736 § 5, 1982; Ord. 3352 §§ 1, 2, 3, 1979; Ord. 2993 § 2, 1976; 1957 codc § 9.22.180.)Reserved. 10.36.380 One -hour parking zones. A onc hour parking limit without mctcrs is cstablishcd on thc following strccts, which onc hour parking limit shall cxist from 9:00 a.m. to 6:00 p.m. daily, cxcluding Sundays and holidays: 1st Strcct Northcast, north sidc, bctwccn Auburn Way North and a point 106 fcct west. 1st Strcct Northcast, south sidc, bctwccn "B" Strcct Northcast and Auburn Way 1st Strcct Northcast, south sidc, from a point 118 fcct cast of thc cast curblinc of North Division Strcct to thc wcst curblinc of Auburn Avcnuc. 1st Strcct Northwcst, north sidc, from thc cast curblinc of "B" Strcct Northwcst to thc first allcy cast of "A" Strcct Northwcst. 1st Strcct Northwcst, south sidc, bctwccn thc wcst curblinc of "A" Strcct Northwcst and thc cast curblinc of "B" Strcct Northwcst. 7th Strcct Northcast, south sidc, from thc cast curblinc of "B" Strcct Northcast to a point 120 feet cast. "A" Strcct Northwcst, wcst sidc, from thc first intcrsccting allcy north of Wcst Main Strcct to thc north curblinc of Wcst Main Strcct. "A" Strcct Southcast, wcst sidc, bctwccn thc south curblinc of East Main Strcct to thc north curblinc of 2nd Strcct Southcast. "A" Strcct Southwcst, both sidcs, bctwccn thc south curblinc of Wcst Main Strcct to thc first intcrsccting allcy south of 1st Strcct Southwcst. "B" Strcct Northcast, cast sidc, only bctwccn Main Strcct and 1st Strcct Northcast. Ordinance No. 6535 September 30, 2014 Page 24 of 33 ACT.G Page 82 of 194 Auburn Avcnuc, cast sidc, immcdiatcly north of thc cast wcst crosswalk locatcd MI MI e Auburn Way North, cast sidc, bctwccn Main Strcct and 1st Strcct Northcast. to thc north curblinc of'Ith Strcct Southcast. thcncc southcrly a distancc of 1'10 fcct. 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 § 1, 1993; Ord. 4497 § 2, 1991; Ord. 4236 § 2, 1987; Ord. 4004 §§ 1, 2, 1984; Ord. 3984 §§ 1, 3, 1984; Ord. 3736 §§ 6, 7, 1982; Ord. 3508 § 3, 1980; Ord. 3352 §§ 4, 5, 1979; Ord. 3329 § 2, 1978; Ord. 3327 § 3, 1978; Ord. 3205 § 1, 1977; Ord. 3149 § 4, 1976; Ord. 2999 § 2, 1976; 1957 code § 9.22.190.) 10.36.390 Two -hour parking zones. A two hour parking limit without mctcrs is cstablishcd on thc following strccts, which two hour parking limit shall cxist from 9:00 a.m. to 6:00 p.m. daily, cxcluding Sundays and holidays unlcss othcrwisc notcd bclow. 1st Strcct Northcast, south sidc, bctwccn Auburn Way North and a point 1'13 fcct ast. 1st Street Northwest, north side, beginning 36 feet east of the first intersecting allcy wcst of North Division Strcct, thcncc wcst to "A" Strcct Northwcst. 1st Strcct Northwcst, south sidc, from thc cast curblinc of "A" Strcct Northwcst, stcrly to thc wcst curblinc of North Division Strcct. 1st Strcct Southcast and Southwcst, both sidcs, bctwccn "A" Strcct Southcast and "A" Strcct Southwcst. 2nd Strcct Northcast, both sidcs, bctwccn North Division Strcct and Auburn Way 2nd Strcct Southcast, north sidc, bctwccn "B" Strcct Southcast and a point 80 feet west. 2nd Strcct Southcast, north sidc, bctwccn Auburn Way South and "D" Strcct Southcast. 2nd Strcct Southcast, south sidc, bctwccn "A" Strcct Southcast and "B" Strcct Southcast. 2nd Strcct Southcast, north sidc, bctwccn "B" Strcct Southcast and Auburn Way South, 3rd Strcct Northcast, south sidc, bctwccn Auburn Avcnuc and Auburn Way 3rd Strcct Northcast, north sidc, bctwccn Auburn Avcnuc and a point 13 fcct wcst of Auburn Way North. 'Ith Strcct Northcast, south sidc, bcginning at thc wcst curblinc of "J" Strcct Northcast, thcncc wcst 200 fcct. Effcctivc Monday through Friday, 8:00 a.m. to 3:00 Ordinance No. 6535 September 30, 2014 Page 25 of 33 ACT.G Page 83 of 194 'Ith Strcct Northcast, south sidc, bcginning at thc east curblinc of "E" Strcct Northcast, thcncc cast 325 fcct. Effcctivc Monday through Friday, 8:00 a.m. to 3:00 'Ith Strcct Northcast, north sidc, bcginning at thc east curblinc of "E" Strcct Northcast, thcncc cast 650 fcct. Effcctivc Monday through Friday, 8:00 a.m. to 3:00 'Ith Strcct Southcast, south sidc, bcginning at a point 32 fcct cast of thc cast marginal linc of Auburn Way South, thcncc cast 70 fcct. 6th Strcct Northcast, north sidc, from thc cast curblinc of Auburn Way North, asterly a distance of 20'1 feet. 6th Strcct Southcast, both sidcs, from thc wcst curblinc of Auburn Way South to thc cast curblinc of "A" Strcct Southcast. "A" Strcct Southwcst, ast sidc, bcginning at a point '130 fcct south of the "B" Strcct Northwcst, cast sidc, bctwccn Wcst Main Strcct and 1st Strcct Northwest. B _ H Northcast. "D" Strcct Southcast, wcst sidc, bcginning at a point 180 fcct south of thc south Northcast. "H" Strcct Northcast, cast sidc, bctwccn 'Ith Strcct Northcast and a point 100 footT "I" Strcct Northcast, both sidcs, bcginning at thc north curblinc of East Main Street and continuing north to its terminus. Auburn Avcnuc, cast sidc, bctwccn a point 120 fcct south of 2nd Strcct Northcast to a point 50 fcct south of thc south curblinc of 3rd Strcct Northcast. Auburn Way North, cast sidc, from 1st Strcct Northcast to 2nd Strcct Northcast. 41 Southcast. Southwcst and Auburn Way North and South. Exccpt for two 15 minutc parking staffs st curblinc of "A" Strcct thcncc castcrly 50 fcct. North Division and South Division Strccts, cast sidc, bctwccn 2nd Strcct Northcast and 1st Strcct Southcast. North Division Strcct, wcst sidc, from thc north curblinc of Wcst Main Strcct to a point 95 feet north of the north curbline of West Main Street. South Division Strcct, wcst sidc only, bctwccn 2nd Strcct Southwcst and 2nd Strcct Southcast to thc cast wcst allcy parallcl to and bctwccn 2nd Strcct Northwcst and 3rd Strcct Southwcst. Ordinance No. 6535 September 30, 2014 Page 26 of 33 ACT.G Page 84 of 194 South Division Strcct, wcst sidc, bcginning at thc south curblinc of Wcst Main Street continuing south to the north curbline of 1st Street Southwest. Wcst Main Strcct, south sidc, from thc cast curb linc of "B" Strcct Southwcst to thc wcst curblinc of "A" Strcct Southwcst. Reserved. (Ord. 6208 § 1, 2008; Ord. 6136 § 2, 2008; Ord. 6173 § 1, 2008; Ord. 6113 § 1, 2007; Ord. 5720 § 1, 2002; Ord. 5559 § 1, 2001; Ord. 5246 § 1 (Exh. C), 1999; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4977 § 1, 1997; Ord. 4858 § 1, 1996; Ord. 4603 § 1, 1993; Ord. 4013 §§ 4, 5, 1984; Ord. 3467 §§ 1, 2, 1979; Ord. 3359 § 2, 1979; Ord. 3332 §§ 7, 8, 1979; Ord. 3327 § 2, 1978; Ord. 3205 § 2, 1977; Ord. 3184 § 1, 1977; Ord. 3149 § 3, 1976; Ord. 3139 §§ 1, 2, 1976; Ord. 2998 § 2, 1976; 1957 code § 9.22.200.) 10.36.395 Three -hour parking zones. A thrcc hour parking limit without mctcrs is cstablishcd on thc following strccts, which thrcc hour parking limit shall cxist from 8:00 a.m. to 5:00 p.m. daily, cxcluding Sundays and holidays. "A" Strcct Northwcst, north of Main and south of 3rd Northwcst, both sidcs of thc roadway, cxccpt "A" Strcct Northwcst, cast sidc, from thc north curblinc of Wcst Main Strcct to thc south curblinc of 1st Strcct Northwcst (no parking zonc). North Division Strcct, north of 2nd Strcct and south of 3rd Northwcst, both sidcs of thc roadway. 2nd Strcct Northwcst bctwccn Burlington Northcrn Santa Fc tracks and Division Strcct, both sidcs of thc roadway. "A" Strcct Northcast from 2nd Strcct Northcast to 7th Strcct Northcast, both sides of the roadway North Division Strcct north of 5th Strcct Northcast to thc dcad cnd, both sidcs of thc roadway. 5th Strcct Northcast from Burlington Northcrn Santa Fc tracks to Auburn Avcnuc, both sidcs of the roadway. "B" Strcct Northcast from 3rd Strcct Northcast to 7th Strcct Northeast, both side of the roadway.Reserved. (Ord. 5724 § 12, 2002.) 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.) Ordinance No. 6535 September 30, 2014 Page 27 of 33 ACT.G Page 85 of 194 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. 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 § 2, 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 Ordinance No. 6535 September 30, 2014 Page 28 of 33 ACT.G Page 86 of 194 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. 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 § 2, 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 § 2, 1996; Ord. 2759 § 1, 1973; 1957 code § 9.22.250.) 10.36.490 Commercial loading zones designated. The following arc commcrcial loading zoncs: A. 2nd Strcct Southcast, south sidc, from a point 68 fcct cast of thc cast B. Reserved. C. "B" Strcct Southwcst, cast sidc, immcdiatcly south of Wcst Main Strcct, bcginning at a point 20 fcct south of thc south marginal linc of Wcst Main Strcct, thcncc southerly a distance of /10 feet. D. Rcscrvcd. Ordinance No. 6535 September 30, 2014 Page 29 of 33 ACT.G Page 87 of 194 E. North Division Strcct, cast sidc, bcginning approximatcly 25 fcct north of thc F. "E" Strcct Northcast bcginning at a point /10 fcct north of thc north curblinc of G. Auburn Way South, cast sidc, from a point 80 fcct south of thc south curblino H. Auburn Way North, cast sidc, bcginning 83 fcct north of thc northcrly curblinc I. 25th Strcct Southcast, south sidc, bcginning 190 fcct st of the of "D" Strcct Southcast, thcncc cast a distancc of 60 fcct. J. "A" Strcct Northcast, cast sidc, bcginning 120 fcct south of the south curblinc of 3rd Strcct Northcast, thcncc south a distancc of 60 fcct. K. Thc city cnginccr shall havc thc authority to cstablish commcrcial loading Reserved. (Ord. 6154 § 1, 2008; Ord. 6114 § 1, 2007; Ord. 5902 § 1, 2005; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4821 § 2, 1996; Ord. 4616 § 2, 1993; Ord. 3865 § 1, 1983; Ord. 3190 § 1, 1977; Ord. 3149 § 2, 1976; Ord. 2851 § 2, 1974; Ord. 2850 § 2, 1974; 1957 code § 9.22.260(a).) st curblino 10.36.500 Passenger loading zones. Thc following arc passcngcr loading zoncs: A. 'Ith Strcct Northcast, north sidc, bcginning at the west curbline of "H" Street Northcast, thcncc wcst 200 fcct. curblinc of "F" Strcct Southcast, thcncc cast 25 fcct. __ - Southcast cast 115 feet. D. "L" Strcct Southcast, cast sidc, bcginning at thc intcrscction of 7th Strcct E. "M" Strcct Southcast, wcst sidc, bcginning at a point fivc fcct south of thc thcncc north 65 fcct, during thc hours of 8:00 a.m. to /1:00 p.m. on rcgular school days. F. Bcginning 100 fcct north of thc north curblinc of'Ith Strcct North st, thcnco north 'I'I fcct on thc cast sidc of "H" Strcct Northcast, during thc hours from 8:00 a.m. to 5:00 p.m., Monday through Sunday. G. "D" Street Northwest, west side, beginning 237 feet north of the north curbline H. "A" Strcct Northwcst, wcst sidc, bcginning at a point 56 fcct north of thc north curblinc of Wcst Main Strcct, thcncc north /13 fcct. I. 1/Ith Strcct Northcast, north sidc, bcginning at a point 65 fcct wcst of thc wcst curblinc of "K" Strcct Northcast, thcncc wcstcrly 1'15 fcct. J. 17th Strcct Southcast, south sidc, bcginning at a point 570 fcct st of the Ordinance No. 6535 September 30, 2014 Page 30 of 33 ACT.G Page 88 of 194 K. Auburn Avcnuc, cast sidc, bcginning at a point 20 fcct south of thc south curblinc of 3rd Strcct Northcast to a point 50 fcct south of thc south curblinc of 3rd Strcct Northcast. south 50 fcct on thc cast sidc of "N" Strcct Southcast, during thc hours from 8:00 a.m. to 5:00 p.m., Monday through Sunday. M. Wcst Main Strcct, north sidc, bcginning 75 fcct wcst of thc wcstcrly curblinc B . H N. Wcst Main Strcct, north sidc, bcginning /12 fcct wcst of thc castcrly curblinc of "F" Strcct Southwcst wcstcrly for 20 fcct to a point 20 fcct cast of cntrancc of allcy. O. South Division Street, west side, beginning 20 feet south of the south curbline of 3rd Strcct Southwcst and continuing south 130 fcct. P. Auburn Avcnuc, cast sidc, bcginning 75 fcct north of thc north curblinc of 2nd Strcct Northcast, thcncc north a distancc of 50 fcct. Q. South Division Street, west side, beginning 60 feet south of the south curbline of 3rd Street Southwest, thence south /10 feet. R. Thc city cnginccr shall havc thc authority to cstablish pas€cngcr loading Reserved. (Ord. 6136 § 3, 2008; Ord. 6114 § 1, 2007; Ord. 5274 § 1, 1999; Ord. 5246 § 1 (Exh. D), 1999; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4821 § 2, 1996; Ord. 4617 § 2, 1993; Ord. 4431 § 2, 1990; Ord. 4096 § 2, 1985; Ord. 4086 § 1, 1985; Ord. 4000 § 1, 1984; Ord. 3984 §§ 2, 4, 1984; Ord. 3849 § 1, 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 § 1 (Exh. F), 1999; Ord. 3805 § 1, 1982; Ord. 3082 § 1, 1976; Ord. 2768 § 1, 1973; 1957 code § 9.22.260(c).) 10.36.515 School bus loading zones. Thc following arc school bus loading zoncs: 10th Strcct Southcast, south sidc, bcginning 110 fcct wcst of thc wcst curblinc of "C" Strcct Southcast, thcncc cast to thc wcst curblinc of "D" Strcct Southcast, school days only, from 8:00 a.m. to /1:00 p.m. �Ith Strcct Northcast, south sidc, bcginning at a point 200 feet west of "J" Street Northcast, thcncc wcst 800 fcct. Effcctivc school days only from 6:00 a.m. to 3:00 p.m. "D" Strcct Southcast, wcstcrly sidc, for 20 fcct bcginning 125 fcct north of 2nd p.m. to /1:15 p.m.Reserved. (Ord. 6208 § 2, 2008; Ord. 6136 § 4, 2008; Ord. 5212 § 1 (Exh. F), 1999; Ord. 4482 § 2, 1991; Ord. 3984 § 5, 1984; Ord. 3835 § 1, 1982; Ord. 3805 § 2, 1982; Ord. 3327 § 4, 1978; Ord. 3166 § 1, 1977.) 10.36.520 Parking in loading zones. Ordinance No. 6535 September 30, 2014 Page 31 of 33 ACT.G Page 89 of 194 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 § 2, 1998; 1957 code § 9.22.270.) VII. Violations 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.) 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.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application Ordinance No. 6535 September 30, 2014 Page 32 of 33 ACT.G Page 90 of 194 thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6535 September 30, 2014 Page 33 of 33 INTRODUCED: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS MAYOR ACT.G Page 91 of 194 AuBuRN -ITY F WASH NGTo Agenda Subject: Leak Adjustment Request - Appeal Department: Finance AGENDA BILL APPROVAL FORM Attachments: Leak Adjustment Request - Appeal Administrative Recommendation: Date: October 1, 2014 Budget Impact: $0 Council review an appeal for a water utility adjustment in the amount of $482.19, to account number 051001 -000. The original Leak Adjustment Request was denied per policy 100 -52 Background Summary: The customer (Mr. Wileman) contacted the City on 4/28/2014 regarding his bill and increased consumption. A technician was dispatched and met with Mr. Wileman to discuss a possible leat at his property, as demonstrated by continuous movement on his meter. The next read was taken on 5/20/2014 and indicated much higher consumption and that the leak had not been repaired yet. The customer was notified of the technician's findings. The Utility Billing Department received a Leak Adjustment Request form on 6/25/2014 from Mr. Ken Wileman, stating that the leak had been repaired and was on a secondary line at his property. The technician confirmed that the leak was repaired and the meter was no longer moving continuously upon inspection. Upon reviewing all of the documentation from both the customer and the technician, it was determined that the customer's leak did not qualify for an adjustment per City Policy 100 -52 1.0. The policy states that "a water leak is defined to occur on the service line between the City water meter and the point where the line enters the building." A denial letter was sent to Mr. Wileman explaining the decision. Mr. Wileman disputed this decision and after speaking with both the billing staff and the Water Utility Engineer, requested an appeal in response to the denial of his request. The water leak adjustment calculated total is $482.19. ACT.H AUBURN * MORE THAN YOU IMAGINED Page 92 of 194 Reviewed by Council Committees: Finance, Public Works Councilmember: Osborne Staff: Coleman Meeting Date: October 6, 2014 Item Number: ACT.H ACT.H AUBURN * MORE THAN YOU IMAGINED Page 93 of 194 WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Leak Adjustment Request - Appeal Date: October 6, 2014 Department: Finance Attachments: Wileman Denial Letter, Leak Adjustment Request and Documentation, Policy and Procedure 100 -52 Budget Impact: Administrative Recommendation: Council review an appeal for a water utility adjustment in the amount of $482.19, to account number 051001 -000. The original Leak Adjustment Request was denied per policy 100 -52. Background Summary: The customer (Mr. Wileman) contacted the City on 4/28/2014 regarding his bill and increased consumption. A technician was dispatched and met with Mr. Wileman to discuss a possible leak at his property, as demonstrated by continuous movement on his meter. The next read was taken on 5/20/2014 and indicated much higher consumption and that the leak had not been repaired yet. The customer was notified of the technician's findings. The Utility Billing Department received a Leak Adjustment Request form on 6/25/2014 from Mr. Ken Wileman, stating that the leak had been repaired and was on a secondary line at his property. The technician confirmed that the leak was repaired as the meter was no longer moving continuously upon inspection. Upon reviewing all of the documentation from both the customer and the technician, it was determined that the customer's leak did not qualify for an adjustment per City Policy 100 -52 1.0. The policy states that "a water leak is defined to occur on the service line between the City water meter and the point where the line enters the building." A denial letter was sent to Mr. Wileman explaining the decision. Mr. Wileman disputed this decision and after speaking with both the billing staff and the Water Utility Engineer, requested an appeal in response to the denial of his request. The water leak adjustment calculated total is $482.19. Reviewed by Council & Committees: Reviewed by Departments & Divisions: • Arts Commission COUNCIL COMMITTEES: • Building • M &O • Airport ►1 Finance • Cemetery • Mayor • Hearing Examiner ■ Municipal Serv. ►1 Finance ■ Parks ■ Human Services • Planning & CD • Fire • Planning ❑ Park Board ►1 Public Works • Legal • Police • Planning Comm. • Other ■ Public Works ■ Human Resources ® Information Services Action: Committee Approval: •Yes • No Council Approval: ■Yes ■ No Call for Public Hearing / Referred to Until /_ /_ _/ Tabled Until / / Councilmember: Osborne Staff: Coleman Meeting Date: October 6, 2014 Item Number: ACT.H AUBURN ORE THAN YOU IIvIA INFO age 94 of 194 WASHINGTON Interoffice Memorandum To: Shelley Coleman, Finance Director From: Brenda Goodson - Moore, Utility Billing Customer Care Manager CC: Paula Barry, Assistant Finance Director Date: September 22, 2014 Re: Appeal of Wileman — Account #051001 -000 Leak Adjustment Request Denial Page1 oft ACT.H Background: Mr. Ken Wileman submitted a Leak Adjustment Request on June 25, 2014 for a leak that occurred at his property located at: 3436 Academy Drive SE. This request was denied per City Policy 100 -52 which states that a credit may be applied for certain water leaks. Specifically, "a water leak is defined to occur on the service line between the City water meter and the point where the line enters the building ". Mr. Wileman spoke with the City's Water Engineer and submitted an appeal to his denied Leak Adjustment Request. Mr. Wileman experienced a water leak in a secondary line, plumbed off of the main line to his house. This secondary line feeds several lines in the "field" around his "acre ". The customer was offered payment arrangements but chose to pay the entire bill instead. Recommendation: It is the recommendation of the Billing Supervisor and Manager, that the City uphold the denial of the adjustment at is does not meet the criteria set forth in policy 100 -52. AUBURN * MORE THAN YOU IMAGIIe 95 of 194 Ken Wileman 3436 Academy Dr SE 051001 -000 Wileman Timeline 4/18/2014 — Customer received a bill with increased consumption. 4/28/2014 — Customer called concerned about high cons. 4/29/14 - The water Service Technician went out on and spoke with owner Ken Wileman and showed him that the meter indicated a possible leak on the customer's side of the service. 5/20/14 — Meter was read and the read was 120 ccfs. A service request was entered to check the meter again. 5/23/14 — Service technician confirmed the read is correct and reported that the leak indicator was still moving. Technician left a door tag for the customers informing them of a possible leak. 5/27/14 — Ken Wileman (owner) called to inform us that he fixed the leak in March. Informed customer that the technician noted movement on the meter in April and May. Explained that he would need to repair leak before submitting a Leak Adjustment Request. 6/25/14 — Received request for a leak adjustment. The leak adjustment form indicated that the owner fixed it himself by cutting and capping all lines around the property. 6/26/14 — Per Service Technician Rob Jackson, the meter is not moving. Customer installed a valve on a secondary line and turned off the valve and also "cut and capped all lines around the area in his field" which stopped the leak. The leak was somewhere in this secondary line. 6/27/14 —A denial letter was sent to Mr. Wileman per City Policy 100 -52 1.0, a water leak is defined to occur on the service line between the City water meter and the point where the line enters the building. 7/21/14 — Mr. Wileman came in to the counter to discuss the denial letter. The Utility Billing Accounting Specialist explained to Mr. Wileman that the leak adjustment request was denied because the leak was not in the service line between the meter and the building. Mr. Wileman did not agree with the City's policy and stated that the location where the leak occurred should be considered. The Accounting Specialist then referred Mr. Wileman to the Water Utility Engineer. The Accounting Specialist also informed Mr. Wileman that while he did not qualify for an adjustment, the City would be able to make a payment arrangement if needed. Mr. Wileman then wrote out a more detailed explanation and asked that staff review and consider it. 8/19/14 — Mr. Wileman came in to the counter and wanted to know the "result of his second submittal." Per the Water Utility Engineer, she spoke with Mr. Wileman and determined that his repair was satisfactory but concurred that his leak was in a secondary line and did not qualify for an adjustment per policy 100 -52. ACT.H Page 96 of 194 CITY OF AUBURtiksT Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253- 931 -3000 June 27, 2014 Ken Wileman 3436 Academy Dr Auburn WA 98092 RE: Leak Adjustment Request Account #: 051001 -000 Address: 3436 Academy Dr SE, Auburn WA Dear Mr. Wileman, The City of Auburn Utility Department is in receipt of your request for a water leak adjustment. According to your request and further investigation from the City Service Technician, the cause for the increased in consumption was a leak on a secondary line on your property. Administrative Policy 100 -52 states that an adjustment may be available where excessive water consumption can be attributed to a water leak. For this purpose, a water leak is defined to occur on the service line between the City water meter and the point where the line enters the building. Based on a review of the submitted documentation, this does not fall within the definition of a leak. Therefore, we are unable to process an adjustment. If you have any questions, need additional information, or if you would like to make a payment arrangement, please contact me at (253) 931 -3038. Sincerely, Madonna Doucette Accounting Specialist City of Auburn ACT.H AUBURN * MORE THA.~9ICIP4ED 6il z too A /6-(9eate (/-/-e Joe(ci6_ 14j-4 S 0L-Ye- A-1:0 )vl � i� ti Atedx-e1(1416-(zi---- 4,04— le >v5 -a4 EA 0OuY 664 et, Y�1i vie 00 6 4'.i i e4 v tv;±1 8 c ogitkr ivt v /my ff 4 =g 7 Account Statement Current Usage ACCOUNT: SERVICE ADDRESS: SERVICE PERIOD: BILLING DATE: DUE DATE: 051001 -000 3436 ACADEMY DR SE 07/11/14 To: 08/10/14 08/13/14 09/02/14 US Meter Number Previous Reading Current Reading UsageCCF 7355041 911 33 WATER - BASE _ WATER - CONSUMPTION 5 /.- CITY SEWER - BASE KING CO SEWER - BASE STORM WATER SOLID WASTE HOUSEHOLD HAZARDOUS WASTE STATE REFUSE TAX RECEIVED AUG 1 9 2014 $14.54 $108.83 $23.12 $39.79 $18.78 $16.11 $1.08 $0.58 Community of Auburn munity Dev & Public Works CURRENT CHARGES PREVIOUS BALANCE PAYMENTS TOTAL AMOUNT DUE PAYMENTS NOT RECEIVED BY DUE DATE ARE DELINQUENT & SUBJECT TO PENALTIES, SERVICE CHARGES & DISCONNECTION. rs $222.83 $494.85 ($494.85) $222.83 0 x crrY OF ms`s Payment PLEASE RETURN THIS PORTION WITH YOUR PAYMENT - MAKE YOUR CHECKS PAYABLE TO: City of Auburn WASHINGTON COUP On O ACCOUNT: SERVICE ADDRESS: SERVICE PERIOD: BILLING DATE: DUE DATE: 051001 -000 3436 ACADEMY DR SE 07/11/14 To: 08/10/14 08/13/14 09/02/14 "AUBURN CARES" $ is enclosed as a donation to "Auburn Cares" KEN WILEMAN 3436 ACADEMY DR SE AUBURN WA 98092 -7339 ACT.H TOTAL AMOUNT DUE $222.83 U'N- iii 0533 051001 0000022283 111 11111111 1111111 11 111111/11 1111111 III REMIT PAYMENT TO: 111 1111 II Ill II City of Auburn P.O. Box 34599 Seattle, WA 98124 -1599 111111111111 1111111111I11° 1111 °11111111111'1111111`°11111111111 Page 99 of 194 CITY OF WAS I l INGTON CITY OF AUBURN REQUEST FOR WATER LEAK ADJUSTMENT Mail, fax or deliver this completed form to: City of Auburn Finance Department, 25 West Main Street, Auburn, WA 98001 Fax: 253 -876 -1900 Phone: 253- 937 -3038 Customer Name Jet 'v, C. V-, cc r\ Address where Teak occurred [ __ City account no 0 5/ 0/ / — C1(' Date _ J 1011W L/ 27 s r Phone no r3 `i 3 ZQ I hereby notify the City of Auburn Finance Department that I have sustained a water leak at the above address and that it has been repaired. I am enclosing a copy of the repair bill and /or materials receipt. 1 am requesting an adjustment to my utility billing per City Policy. I understand that signing this form does not guarantee a billing adjustment will be made. 1 further understand that failure to provide receipts will result in an automatic denial of this leak adjustment request. 7 Approximate date leak noticed AIM Date leak repaired irl kez4, --1'c4 Cry l it>\ A. 11 er Leak repaired by p- ��i GI4-0 CV) c:ry l z r Exact location of leak 7-<; 401 axe r;r s- i-cff� ci Signature of Customer �1� FOR CITY USE ONLY Visual inspection of water meter performed by Date _- Comments r en/ dtL Bill Cycles Adjusted Adjust: WATER SEWER BOTH ReviewedJCalculated by Date District - E: utilities ( formslleak / Revised REQUEST FOR LEAK ADJUSTMENT ACT.H Page 100 of 194 )/ti d• rutC414 3`1 tem V\ WCt 'go Z q17 z 150. Bey y r w+a . Co, e � z, . ( (`yam,+ S V id-, C� "� g13= (-2i--,AA !/inti�5? e �� 8- �% e 2 ih'�C\ t� 67, Y i e Z v a O t‘6,644 kA f/ i •■ f1 i�t�z A z0 0u {"1v,�6,�I �v�S,D E C� .e—c---,- , ,,,,,,,kre._ 1-44.77 _____ d vAAut S k-LIA d ebi vV \()gr I ovsz e'er -2� J�-� �1.� -( [^ bk d tr.S N1 d� O �'N cis!' � C S�'c� �t,' �' C) U'tN j'k'Y' ��liG L,i e �C� /� .r � rre� rr � / ( I yn� T f C L b b 5 1 z bo E �ez� .:063 ) havr� a n 5 i d. t" ^ �l + 1 lt� , ,T i -t,, 6.1) ,ear-,es ..szK 1 ( j cC�* -Z /� VnQ- nes� / avr ip 0 ai A ex Ic_y "14 /, A Y4 C" ‘.1 (d 6, Ca IN\ tai_, 0OA- morn 1 ink �A .9:-n crY CJ I\ 01.1.r< L ";' e?<1t'Y A al \\ M L .CA. CA- 6-0.-- J e r1`eV GnJ j %4 W?ed ? €cyudn' ley 6�tu1 0 u t-ID/...C: 9 P‘411 4 ' il,, t,sc�AY i n) ACT.H J� M 0 D'lk ;� Page 101 of 194 LODE'S HOME CENTERS, LLC 1232 A STREET NORTHEAST AUBURN, DA 58002 (253) 804 -2500 - 10.00% OFF MILITARY- PERSONAL USE DISCOUNT SALE - — SALE — SALES #: 310891131 1900499 TRANS #: 50898892 04 -30 -14 22465 314 -IN GALU COMP COUPLING 6.92 DISCOUNT EACH 24046 314 -IN X 6 -IN GALU PIPE N 2.44 DISCOUNT EACH 331192 314 -IN LEAD FREE BALL UAL 19.92 DISCOUNT EACH 84002 LF 3/4 BRAS HEX NIP A -875 7.49 DISCOUNT EACH 6.23 - 0.59 2.20 - 0.24 17.93 - 1.99 6.74 -0.75 SUBTOTAL: 33.10 TAX: 3.14 INUOICE 08389 TOTAL: 36.24 8/0: 36.24 TOTAL DISCEUJF4T a 23. E7 M /C:XXXXXXXXXXXX0218 AMOUNT:36.24 AUTHCU:00515Z SWIPED REFID :898888108908 04/30/14 16:01:28 STORE: 1089 TERMINAL: 08 04/30/14 16:01:44 # OF ITEMS PURCHASED: 4 EXCLUDES FEES SERVICES AND SPECIAL ORDER 1 EMS iLr' It1ff (ff1N R THAfX YOU FOR SHOPPING LODE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: SAM SHAKHRAMANOU WE HAVE THE LOWEST PRICES, GUARANTEED! IF YOU FIND A LONER PRICE, WE WILL BEAT IT BY SEE STORE FOR DETAILS. 10 #. YOUR OPINIONS COUNT'. REGISTER FOR A CHANCE TO ¥1R A $5,000 LODE'S GIFT CARD! iREGISTRESE PARA TENER LA 080818NIOAD DE GANAR UNA TARJETA DE REGAL!) DE LODE'S DE 350001 * * * X * REGISTER BY COMPLETING A GUEST SATISFACTION SURVEY * WITHIN ONE REEK AT: wu#.loures.caralsuraev Y 0 U R I D# 08389 1089 120 * * NO PURCHASE NECESSARY TO ENTER OR DIN. * VOID WHERE PROHIBITED. MUST BE 18 OR OLDER TO ENTER. * OFFICIAL RULES & DINNERS AT: ww.lawes.caralsuruey * *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** . STORE: 1009 TERMINAL: 08 04/30/14 16:01:44 ACT. H Nancy Backus, Mayor 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 -931 -3000 '9t r Dr SE, Auburn WA }artment is in receipt of your request for a water leak adjustment. further investigation from the City Service Technician, the cause ,n was a leak on a secondary line on your property. ;tales that an adjustment may be available where excessive water to a water leak. For this purpose, a water leak is defined to occur City water meter and the point where the line enters the building. itted documentation, this does not fall within the definition of a to process an adjustment. d additional infounation, or if you would like to make a payment e at (253) 931 -3038. ivit1KE THAN YC 1,N.M 94 City Aub Water madonnad Request Number: Account Number: Account Status: Name: Billing Address: 001354 -06 -2014 051001 -000 Active KEN WILEMAN 3436 ACADEMY DR AUBURN. WA 98092 Utility Billing Service Request Forin Printed: 06/25/2014 5:34:49 PM Last Updated By: madonnad On: 6/25/2014 Home Phone: (253) 939 -5180 Business Phone: Service Address: 3436 ACADEMY DR SE Request Date: 6/25/2014 Request Description: Received request for a leak adjustment. Please very leak is fixed. Customer "cut & capped all lines around acre which stopped the leak." Are these lines on a secondary line? Please confirm location of leak. Service Date: 6/26/2014 Water /Gas Meters Existing Water Meter Location: Route -Seq Read Dt 146- 022170 Serial No Cons 7355041 Register ID MXU ID No Of Digits 7355041 80449998 Manufacturer Model No Unknown F-3/4-4-1 Reading 878 Comments: % 'rr_ 4vi z tS two, 1 iO T VvloV1r►6r fINO T1-lz- LEA It 1 s E- rxEa . N`1�1� iJcs;Div+�2 IN s�ALI . p VALUE 0�. A S cv�r�1 LiNL . �T is "N1. b OFD LA i-t\ C N ST6'Nab -B-i -E L+c 4 IL, 'ME LEA V- 1 S Scwin t:-A4 : r 0 ` FVE Ca-cop-36A P.A./ L i NE. , AN IS N6-,- t t TH-E_ olio .s i1, & LiO F- 6-6106r- 'TV i hT= 1466i C - —1+E CW IQ a- Sil1D lit= LEAK \S i Rd i3ft'&V 1 t i/* vCb L1Ni= au T 13(}Cv -- G - 1-7-1--c- \46u5t.1 )tom i1: 1 fi2b / 0 vrA2 ,._ Follow up needed? yes no Serviced By: cp ,0 Date:(,,-Z, ACT. H Page 103 of 194 \k* d (iikc (-3wkd `ike o orte-,- l e�- �e y L(d , N air h Me fioSee ACT.H Page 104 of 194 CD co U o X00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 V1 d In u1�� �� v7 V7 VI vn � vn V7� V? V1 U-1 V7 V1 VI V-) E✓ 0 0c' 000000000000000000 w cv o >. o 0 Z W > 01 01 01 D, 0, 0, 0, C, a, 0, Q, 01 O, 01 O, 0, C1 O, 01 0, 01 01 C1 00 0 o Z-t- r � ���`n - . ¢ . `O h- M 3� M 00 00 00 00 00 00 00 00 60 co 00 00 00 00 00 00 00 CO 00 00 00 00 00 W 11-1 E-4 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 c� C/] rl .-+ -. ... .-i - -. -. -. -. a . -. ..... -. .-. Total Acct Balance: Account Status: 01/01/2006 Final Date: Connect Date: Service Address: Reference Number: o c, M CD 0 IMn ^.4 a) c-4 vn o > 0) p co c a a) a) 5 v � 0 " 0 C 0 00 0) 0 00 0) D 0 00 0) C 009 0) 0 OOD 0) 0 00 0) 0 02 0) 0 00 0) cts • E E• aW P. as a P. P. a a P. asPgP.o4P.4 PE) P.as4P.a4C C Or i . d 4- 7 d 4- 4 d' 'c. d' d' 4 d' - 4 0- 4 ,t 4 4- ,t 4 4 d' 4 '4 � • "., 0 � O O O O O O O O O O O O O O O O O O O O O O O O O .. 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M -- N v1 v1 -, -- N N N Q B� Home Phone: 00 0) M 1 1-1 N O 00 O 0 .mow 0 a t= 0) O U U 5 bf 194 Reference Number: Customer Number: 051001 000 on V- CV Cl 00 C1 CDI r■ j M l- ^ Vn 01 VD WI O M 00 n l0 V'7 VD VD O 'n vn v1 VD 41 VD O M ^ oo ,r M M V' O O • 'D M N M N i1 ^ ^ N M N M = C O 1 vl .-+ 00 ^ 0T 01 O O M O M N l"- 00 N VD ^ ^ 00 O 01 7 00 N N V- N t\ ^ VD O O 01 VD vl ,r O N ,' O DD l- ^ t- h ^ O OT 00 vD ,r M ^ C1 vl M N O ON l- M N O 00 vl M ^ C1 00 .0 un O VD v1 M N ^ t- - N ^ O1 0\ 00 [- l- l- uD AD `D AD vD v1 vl v1 vl vl Tt Tt Tt M M M M M N N N N N ' 0 y I - V or CY ,r M M M M M M N N N N N N 0 0 0 0 0 0 ON Cr, Cr, T T OA 00 00 00 00 00 00 r- C O O O O O O O O O O O O O O O O O O O O O O, O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O [., N N N N N N N N (V N N N N CV N N N N N N Cl N N N N N N CA N N N N N N N N N N N N N N \ \ r \ \ \ \ \ \ \ \ \ \ \ 00 \ C 00 00 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ "C 00 N 'CO l- VD v'1 VD N V1 I7 ,r O1 l- VD ^ 01 00 ^ ON 00 00 oo O M M N M O OT oo O O M N O M N O l- O vO • -.. N �.N ^ ^ ^^ N ^^ N^ w. ^ N^ ,-, N .. ^^ N N N N N N N N^ N N N N N N N N N N M O cu O� [� M 01 0 vl M ^ 0 n 0 M ^0 ^" 01 [- 0 ton M^^ 01 L- 0 M - 01 0 v1 M -- O N v7 M N C O O fn CD 0 0 .-. 0 0 0 0 0 0 0 0 0 0^ 0 0 O O O^ 0 0 0 0 0^ O O O O O^ 0 0 0 CD 0^ 146 - 022170 - 7355041 Route Sequen CT.H Page 1 DO OA CITY OF '-!.....0 lJ "WASHINGTON *PROPOSED * ** Utility Billing Adjustments Single Family Date: 9/22/14 Account #: 051001 -000 Name: Ken Wileman Service Location: 3436 Academy Dr SE Water $ (482.19) Consumption Adjustment: (123) City Sewer $ - Adjust Sewer Consumption: 0 Metro Sewer $ - Storm Water $ - Refuse $ - Yard Waste $ - Refuse Tax $ - HHW $ - Miscellaneous $ - TOTAL $ (482.19) Explanation for adjustment: Leak Adjustment. APPROVALS: SF110B _< $1,000 - Utilities Customer Care Supervisor Date: <_ $1,000 - Utilities Customer Care Manager Date: >$1,000 and <_ $10,000 - Finance Director Date: >$10,000 - Mayor Date: POSTED BY: Date: ACT.H Page 107 of 194 WASHINGTON4 Utility Account Leak Adjustment Rates based on Inside City Limits Customer Name: Ken Wileman Account Number: 051001 -000 Property Address: 3436 Academy Dr SE Total Consumption Billed Cycle 6/11/14: 127 Billed Cons 1 Unit $ ! Total 14 16 97 127 2.88 3.53 4.01 $ 40.32 $ 56.48 $ 388.97 $ 485.77 Total Adjustment Bill Cycle 1 $ (434.86) Total Consumption Billed Cycle 8/13/14: I 33 Billed Cons 1 Unit $ 1 Total 14 16 3 33 $ 2.88 $ 40.32 $ 3.53 $ 56.48 $ 4.01 $ 12.03 $ 108.83 Total Adjustment Bill Cycle 2 _ $ (47.33) Consumption used same 17 period previous year Adjusted Cons 1 Unit $ 1 Total I 14 3 0 17 $ 2.88 $ 40.32 $ 3.53 $ 10.59 $ 4.01 $ - $ 50.91 Consumption used same period previous year 20 Total Leak Adjustment on Account $ (482.19) Leak Repair Verified Lot is Inside City Limits Lot is Outside City Limits Rates are Inside City Limits Rates are Outside City Limits Copy of Receipts or Repair Bill Billing Cycle ACT.H Adjusted I Cons 14 6 0 Unit $ 1 Total 20 $ 2.88 $ 40.32 $ 3.53 $ 21.18 $ 4.01 $ - $ 61.50 Page 108 of 194 Total V1 Account Status: 01/01/2006 Final Date: Connect Date: Reference Number: Meter Status Read Date 146 - 022170 - 7355041 Route Sequence Serial M r- N N 00 Cr, O n M r V1 01 V1 O M 00 V1 ,sD `0 O V1 �D M N-. V1 ^ 00 ^ 01 r 01 O O M O M N r CO N ,0 ^ ^ 00 O 4-1 Q. d' 00 N N ✓ S v1 p O1 00 M^ Q1 V1 M N O 01 l- M N O 00 t- M �--� C1 0\ 00 [- `O V1 V1 V1 Vl Vl d' d' d' M M M M M V d- d' V- M M M M M M N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N 00 N O [- v0 h ,0 N V1 d' V ^ 01 00 , : O. 00 00 ^ O M M N 7 N N N ^ N ^ N^ N ^--' N N\ N N N 01 N V1 M 01 r M ^ ^ 01 1 M ^ ^ 01 r V1 c+-) ^ 01 n V1 0 0 0 O O O O O �--� 0 0 0 0 0 ^ 0 0 0 0 0 O O O O O O O O V 00 a Page 109 of 194 DI.A AuBuRN in( Cdr � wAs - IENGTo AGENDA BILL APPROVAL FORM Agenda Subject: Utility Billing Water Termination Process (Door Tags) Department: Attachments: Finance Utility Billing Water Termination Process (Door Tags) Administrative Recommendation: Date: October 1, 2014 Budget Impact: $0 Council approve a change to the shut off process and City code to notify delinquent utility customers by mail and discontinue door tagging. Background Summary: The City currently notifies delinquent utility customers of impending service interruptions by physically hanging door tags on customers' doors. The door tagging process requires three or more staff people, 16 hours of staff time and two or more vehicles to hang approximately 300 tags each week. The Finance Department in conjunction with Public Works, recommends replacing the door tag notices with a shut off notice that will be mailed to the customer at least seven days prior to a service interruption. Commercial and Multi- family service class accounts will continue to receive at least a two -hour warning prior to service interruption. Reviewed by Council Committees: Finance, Public Works Councilmember: Osborne Staff: Coleman Meeting Date: October 6, 2014 Item Number: DI.A AUBURN * MORE THAN YOU IMAGINED Page 110 of 194 CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Utility Billing Water Termination Process (Door Tags) Date: 10/06/2014 Department: Attachments: Finance Memo, Budget Impact: $0 Finance MRSC Article, Prosed Code Amendments, Proposed Administrative Policy 100 -53 Amendments, Water Shut Off Process Presentation Slides, Sample Shut Off Notice Administrative Recommendation: Council approve a change to the shut off process and City code to notify delinquent utility customers by mail and discontinue door tagging. Background Summary: The City currently notifies delinquent utility customers of impending service interruptions by physically hanging door tags on customers' doors. The door tagging process requires three or more staff people, 16 hours of staff time and two or more vehicles to hang approximately 300 tags each week. The Finance Department in conjunction with Public Works, recommends replacing the door tag notices with a shut off notice that will be mailed to the customer at least seven days prior to a service interruption. Commercial and Multi- family service class accounts will continue to receive at least a two -hour warning prior to service interruption. Reviewed by Council & Committees: Reviewed by Departments & Divisions: • Arts Commission COUNCIL COMMITTEES: • Building • M &O • Airport ® Finance • Cemetery • Mayor • Hearing Examiner • Municipal Serv. �1 Finance ❑ Parks ❑ Human Services • Planning & CD • Fire ❑ Planning ■ Park Board ®Public Works • Legal • Police • Planning Comm. • Other • Public Works • Human Resources • Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: DYes • No Call for Public Hearing _/ / Referred to Until // Tabled Until / / Councilmember: Osborne Staff: Coleman Meeting Date: October 6, 2014 Item Number: DI.A AU BU ORE THAN YOU IMAGINED Page 111 of 194 WASHINGTON Interoffice Memorandum To: Shelley Coleman, Finance Director From: Brenda Goodson - Moore, Utilities Customer Care Manager CC: Shannon Kane, Utilities Customer Care Supervisor Joan Nelson, Solid Waste & Recycling Supervisor Date: 9/17/2014 Re: Utility Billing Shut -Off Notification Transition from Door Hangers to Mail Background: Finance and Public Works met with the Mayor to discuss alternative methods for notifying delinquent customers of an impending water service interruption. It is the consensus of both departments that the time required to prepare and deliver the door hangers to approximately 300 -400 customers per week is not an efficient use of staff time. Number of Delinquent Accounts Door Tagged 2013 2012 2011 2010 2009 13,558 12,971 13,288 12,283 13,175 Regulations: State law requires the City to provide impending disconnection notification at least seven calendar days in advance to tenants residing in multiple residential rental units. Currently, Utility Billing provides a "7 -Day Tag" to multifamily units and commercial properties. Single family residences receive notification four days prior to shut off. RCW 35.21.217 (5)(a) If an occupied multiple residential rental unit receives utility service through a single utility account, if the utility account's billing address is not the same as the service address of a residential rental property, or if the city or town has been notified that a tenant resides at the service address, the city or town shall make a good faith and reasonable effort to provide written notice to the service address of pending disconnection of electric power and light or water service for nonpayment at least seven calendar days prior to disconnection. Page 1 of 2 DI.A AUBURN * MORE THAN YOU IMAGINP@ge 112 of 194 Current Auburn Municipal Code: 13.06.300 Service charges —Payment delinquency. A. Twenty days after billing date a late fee will be added to the billing as listed in ACC 13.06.511. Twenty days after late fees have been assessed; accounts with outstanding balances will have a doorhanger delivered to property. Three days after the notices are delivered; accounts with outstanding balances will be turned off. Service shall not be restored until full payment of the delinquent amount together with fees, charges, fines or penalties pursuant to ACC 13.06.511 is received. If delinquency payment is not made by 2:00 p.m., water service may not be turned on until the next normal working day. Recommendation: It is the recommendation of staff that the City move to discontinue the physical delivery of door hangers to delinquent properties and replace this method with a clearly defined mailed shut off notice. In order to insure that customers are notified in a timely manner prior to shut off, staff has identified the following changes: • Reinstate delinquent notifications to all customers (currently to owners with tenants only) • Shut off notices printed and mailed from Seattle instead of Texas (where bills are currently mailed from) • Shut off notices will be clearly recognized in the mail using a colored envelope and the notice printed in red ink. • Shut off notices will be mailed seven days prior to shut off • Shut off is currently scheduled 42 days after the date on the bill, extend timeline to 49 days after the bill date (approximately 30 days past due). • Future Implementation of an IVR (Interactive Voice Response) system that can call customers and notify them up to 24 hour prior to a service interruption. The IVR will also provide them with the ability to pay their bill over the phone. An IVR system is not currently budgeted for. Customers will be notified of these changes at least 30 days in advanced via the following methods: • Press release • Message on statements • Mailed postcard • Postcards at counters throughout the City • City website • Utility billing payment website • Utility billing telephone tree recording. Page 2 of 2 AUBURN AUBURN * MORE THAN YOU IMAGINIage 1 1 3 of 1 94 The Cost of Door Hangers—Utility Terminations 1 MRSC Insight Page 1 of 2 The Cost of Door Hangers—Utility Terminations Posted on June 13, 2013 by Lynne De Merritt ,,,rtf344 appeal is filed. An article titled "No More Door Hangers for Final Notice" that appeared in the Beacon Hill Water and Sewer District Connection, Winter 2012-2013, caught my attention. I wondered how many utilities still hand delivered final notices. The answer is a lot. For many utilities, delivering a door hanger notice is the last step in the delinquent utility account process before disconnecting service to a residence. The door hanger states that the account is delinquent and service will be terminated unless payment is arranged within a specified number of days or an Door hangers must be hand delivered, which requires staff time and generally the use of a vehicle. For some customers, this has basically become a hand delivered reminder program. While past due accounts receive other notifications by mail, the number of customers who wait until they get the door hanger to pay in full has been growing—along with the overhead costs for hand delivering notices. Beacon Hill looked closely at the impact of hand delivering these door hangers. In December 2012, preparation and delivery of these reminders involved five district employees, and the cost to ratepayers was approximately S2,000 a month. Projected, the cost would be 824,000 a year, and it only benefited 3% of its customers. The district decided to stop delivering door hangers. Instead, the mailed final notice letter will include the planned lock-off date. If accounts are not brought current by that date, the customer will be disconnected for non-payment with no further notice. Two jurisdictions stopped using door hangers as a risk management measure to protect employees from being physically and verbally abused by angry customers. One jurisdiction restructured its debt process, and its delinquency rate dropped by 5o%. The other opted to charge S15 for a final notice letter. Here are a few fees being charged by some cities for delivering door hangers: Black Diamond charges $10 for a door hanger warning; $2o for a door hanger with a shut off notice; Mercer Island and Prosser charge $25; Grandview charges $5; Olympia and Bainbridge Island charge 810 to send a delinquency warning. Share this: NI Twitter f Facebook 2 :a Email Like One blogger likes this. Related Follow DI.A Page 114 of 194 http://insight.mrsc.org/2013/06/13/the-cost-of-door-hangers-utility-terminations/ 6/25/2014 The Cost of Door Hangers — Utility Terminations 1 MRSC Insight Page 2 of 2 Collecting Delinquent ?Water Bills and Terminating Service n "'Best Practices' Utility Billing and "l'ermination in the Landlord/Tenant Context to "l.,egar Important New Court Decision on a Utility 'Fax Authority "Finance" About Lynne De Merritt Senior Research Consultant Lynne was hired as the Center's first professional librarian. She is the master at tracking down the latest business conducted by Washington State local governments including documents, ordinances, contracts, and policies. She's had her hand in writing many of MRSC web pages, so if you need help finding examples of something you're working on, chances are that Lynne can track it down. View all posts by Lynne De Merritt This entry was posted in General, Utilities. Bookmark the permalink. 3 Responses to The Cost of Door Hangers — Utility Terminations Mitt., ae.l Olson says: June 13, 2013 at 10:45 am City of Kirland charges $20 for a door tag. We consider this the final 7 days written notice to the occupant of the residence before water -shut off as required by RCW. ur: Diane says: June 13, 2013 at 4:40 pm Another reason to not hang door hangers besides expense and safety of your employees is the safety of the citizens property. Door hangers can alert others to the fact that someone is not home. It was mentioned once in a training class that if we hung door hangers for something we should also remove them within a few days to protect those who were out of town from our door hanger possibly alerting burglars or others to the fact that no one was corning or going from the residence. Connie Dunn says: July 3, 2013 at 3:33 pm The City of Sultan, mails a delinquent letter giving io days to pay the delinquent amount or the water will be turned off. On turn off day, staff working in teams of two go out and turn off the meter and tag the meter box. The customer then is required to pay the past due amount plus $50.0o service fee to have the water turned on. MRSC Insight t:ust<anized Twenty ?e henre. Bioya: 14?wdf're •E• • httiP//irisight.mrsc. org /2013 /06/ 13 /the - cost -of -door- hangers - utility - terminations/ Follow 6 /Pa e 5 of 194 11 WASHINGTON ADMINISTRATIVE POLICY AND PROCEDURE TITLE: TERMINATION OF WATE SERVICE FOR DELNQUENT ACCOUNTS SUBJECT: UTILITY BILLING & COLLECTION INDEX NUMBER: 100 -53 EFFECTIVE DATE 02/16/07 SUPERSEDES 12/27/02 PAGE 1 OF 1 PREPARED BY: SHELLEY COLEMAN MAYOR'S APPROVAL 1.0 PURPOSE To provide a procedure for terminating water service to delinquent accounts for non - payment. 2.0 ORGANIZATIONS AFFECTED Finance and Public Works Maintenance & Operations 3.0 REFERENCES RCW 35.21.290 & 300 4.0 POLICY 4.1 Water termination for delinquent accounts should never be scheduled on the following days: a. Fridays b. Day before any City scheduled holiday c. Week of Thanksgiving d. December 21 through January 2 4.2 Customer's residence and /or business will receive is tagged with a door hanger ef-a warning notification at least 24 hours before the final payment due date. 4.3 Actual shut off day: a. Finance will check for all payments including both drop boxes from over night b. Copy of shut off list to field representative and working copy at Finance front counter c. Busincsscs Commercial and Multi - family service accounts will to-receive at least a two -hour warning before actual termination d. Field representative is prohibited from accepting any form of payment e. Any billing questions or discrepancies should be directed to the Finance office f. To have service reinstated the same day, payment of the past due balance must be received at the Finance front counter before 4:30 pm g. Payments received after 4:30 pm will have service reinstated the next business day - e . - - e _ -e. _ - e- or incur an "after - hours" fee to have service reinstated the same day DI.A Page 116 of 194 CITY OF AUBU WASHINGTON Nancy Backus, Mayor 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 - 931 -3000 Per City of Auburn Municipal Code: 13.06.280 Service charges — Payment dates. A. Payment for water service charges shall be due and payable to the finance department office 15 20 days after the billing date appearing on the bill. B. Water will be billed according to the rates in effect at time of service for those properties inside the city limits, and increased rates may be in effect for customers served outside the city limits. (Ord. 6098 § 1, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.290 Service charges — Liability — Nonpayment action. All water rates will be charged against the premises for which the service was installed. All charges for water, when the same become delinquent and unpaid, shall be a lien against the premises to which the same has been furnished. When any charges for water become delinquent against any premises, the water shall be shut off until such charges are paid. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.300 Service charges — Payment delinquency. A. Twenty -five days after billing date a late fee will be added to the billing as listed in ACC 13.06.511. Twenty Forty -two days after late fees have been assessedbillinq date, accounts with outstanding balances will have a be mailed a shut off notice. Three- Forty-nine days after the notices arc del@ ere billing date, accounts with outstanding balances will be turned off. Service shall not be restored until full payment of the delinquent amount together with fees, charges, fines or penalties pursuant to ACC 13.06.511 is received. If delinquency payment is not made by 2:00 p.m., water service may not be turned on until the next normal working day. B. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges when due. It is the responsibility of the property owner to provide notification of changes in ownership of property and change in mailing addresses must be provided to the city. (Ord. 6098 § 2, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) DI.A AUBURN ORE THANP1i98 � tAGINEI� DI.A Page 118 of 194 RECOMMENDATION DI.A =111•■■•=11•111 11111•1••••■• 11■1111 • • :4= 0 0 Ll-- -45 < E _42 • Page 119 of 194 DI.A c 4E O c 0c a) +E E 0 E (1) E a) >- E >, E >, E O >.‘ a C3 a 0 a 0 O ca, oc 0 co co c0 12 6 E.. (I-- '(-7 6 5 0 b- p 4-- 0 - 4-- -0 c • • v 0.) V(I' • • a) v) ) 0:5)) o g ) o 0) oc Li= 0 C3 a a a a a 8 > c : a) > E - .. < D ii..( > g 2 73.(-_, < < D O 0 00 00 O 0 —00 —00 O > 0 0 - - 0'--. .E. Lo v) 0 ,,,, co 76- ( ▪ 1-0 ▪ CO C\1 2014 Monthl • • • • • Page 120 of 194 DI.A • • Page 121 of 194 te) LU ztwo ILI DI.A 0 -C) 46 -0 0 a) • .••■•■ cD Cssl a 6 a) o L4— 0 0 • • • Door tag at 36 days • Shutoff at 42 days z BURN * MOR Page 122 of 194 LU z INIUMEN Immo LU DI.A Lfl ' LC) LA 1) co 0 z z Page 123 of 194 0 D I .A eg o 4.. = = u) 3,- 0 .4.3 ......0 5 42 days 49 days 45 days 55 days 46 days (s.) o 11 as 0) F — a 0 1 0 10 36 days CO --.. CO 45 days CO --.. 0 0 U.. 0 CIS .....I 25 days 25 days 35 days 31 days 36 days 0 = 0 di 20 days 20 days 15 days 30 days 25 days 1:s o CO Monthly Monthly Monthly >, 'E' 0 2 i 65 -E-' o L. 0 o) o (u (1) a) o Z 0 Z u) ) >0:1 _ o Z 34.. 13 4°.• 0 co = o E co Z 0 Z a) a) a) a) Z 6 Current Auburn Proposed Auburn -E' w Kirkland Renton 6-1 z Page 124 of 194 imam ton LLJ 0 tin DI.A 0 Th z U RN * MORE Page 125 of 194 DI.A 0 Lfl QW mam) 0.1. 0 • rtt -ctri 41, co 0 0 z z Page 126 of 194 LU D I .A A41C1(RANY NCY. 411011w 4111111t MEN OHS: (2s3) 031.3036 I1IAJQIHI!IIfIIII1116INII111IIIU1 BRING. THIS STUB IF PAYING IN LJ ,O1&E THAN YOU Page 127 of 194 4 ITY OF 1 East Main Street I\TJBURN Second Floor LJ l� Auburn, WA 98001 WASHINGTON MOMNIMM INIONININN 125 1 AV 0.378 1 / 1 1 -1 -125 MARY J RENTER 25 W MAIN ST AUBURN, WA 9 80 01 -4998 ACCOUNT NO. DATE OF NOTICE BELL DATE AMOUNT BILLED 000809 -000 02/18/2015 01/07/2015 $126.48 SERVICE ADDRESS LATE FEE 25 W Main St $15.00 SHUT OFF DATE ENTER AMOUNT PAID BELOW TOTAL DUE 02/25/2015 $141.48 Do not mail your payment it will not be received before your water is turned off. 11141111111111III11111 '11111111111111'°I'lllll'IIII 1"1'1'11111 See below for payment options BILLING QUESTIONS: (253) 931 -3038 BRING THIS STUB IF PAYING IN PERSON 1111 111 11 11 iii III 11111 11 III III SHUT-OFF NOTICE If you are unable to make payment, contact City of Auburn Utility Billing at (253) 931 -3038 before the shut -off date. Please note, if you have your payment sent online by your bank, it may take up to 10 days for the payment to reach the City. The City of Auburn offers automatic bill payer service at no charge. Please call the City for details. Failure to receive mail will not be recognized as a valid excuse for failure to pay rates when due. Payment must be received before 3 PM on February 24, 2015 or water service will be interrupted and a $25.00 fee will be charged. SHUT OFF DATE: Wednesday, February 25, 2015 To avoid shut off of service, pay past due balance by 3:00 PM on Tuesday, February 24, 2015 Pay In Person: City of Auburn Utility Billing, 1 East Main Street, 2nd Floor, Auburn Hours: 7:30 am - 5:30 pm, Monday- Friday Pay by Phone: 253 - 931 -3038 Pay by Computer: auburn.merchanttransact.com Please register to view your account, receive email notices & pay your bill online at www.auburnwa.gov BILLING QUESTIONS: (253) 931 -3038 DIA Page 128 of 1,1 RECOMMENDATION DI.A Page 129 of 194 DI.A Page 130 of 194 DI.B C=ITY or AUBURN WASH I NCTO Agenda Subject: Resolution No. 5106 Department: Information Services AGENDA BILL APPROVAL FORM Attachments: Res Na 5106 GATSO Photo Enforcement Agreement Administrative Recommendation: Date: September 25, 2014 Budget Impact: $0 City Council adopt Resolution No. 5106 Background Summary: The City of Auburn currently has a photo enforcement program which Committee requested we reevaluate and publish an RFP for similar services. A committee was set up to represent city departments to write, review, and publish the RFP. Departments included Engineering, Police, Legal, IT, and Finance. Three vendors responded, including Red Flex, ATS, and GATSO USA, Inc. After careful review of the companies, technology, services, and references, the committee selected GATSO USA, Inc. to recommend to Committee and Council. The selected respondent is being recommended based on the criteria identified by RFP as well as importance to Auburn's Council and public safety vision of an effective system. These include, but are not limited to: Recommendation: GATSO USA, Inc. Beverly, MA Contract Term: 3 years Cost: $3,900.00 per camera per location Termination Cause: By mutual agreement, For Convenience: Based on flat fee cancellation and /or camera construction depreciation or contract breach. Revenue Neutral: If after 3 months a location does not produce revenue to pay for camera, remaining balance will be zero. Company has right to evaluate new location at that point. AUBURN * MORE THAN YOU IMAGINED Page 131 of 194 DI.B Technology: Fully enclosed portable solution. Speed, light, auto license reader, and traffic count capabilities. Portability: City can move and install with credit to city or by vendor as necessary per location. Reviewed by Council Committees: Municipal Services, Public Works Councilmember: Peloza Staff: Tiedeman Meeting Date: October 6, 2014 Item Number: DI.B AUBURN * MORE THAN YOU IMAGINED Page 132 of 194 RESOLUTION NO. 5 1 0 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND GATSO USA, INC., FOR PHOTO RED LIGHT AND SPEED ENFORCEMENT PROGRAMS WHEREAS, state law allows cities to utilize photo red light and mobile speed enforcement programs, within certain restrictions and limitations; and WHEREAS, to address the public safety concerns involved in people running red lights or speeding in certain speed zones, including school zones, the City of Auburn is interested in employing such programs; and WHEREAS, Gatso USA, Inc, can provide the technology and business services for a photo red light and speed enforcement program at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and Gatso USA, Inc., for photo red light and speed enforcement programs, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 5106 September 25, 2014 Page 1 of 2 DI.B Page 133 of 194 Dated and Signed this day of , 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5106 September 25, 2014 Page 2of2 DI.B Page 134 of 194 Customer Agreement This Customer Agreement ( "Agreement ") is made on [Insert Date] (the "Effective Date "), between Gatso USA, Inc., a Delaware corporation with a principal business address at 900 Cummings Center, Suite, 222 - T, Beverly, Massachusetts 01915 ( "Gatso ") and the City of Auburn, WA, with a principal business address at 25 West Main Street, Auburn, WA 98001 (the "City "). WHEREAS, the City wishes to retain the technology and business services of Gatso to provide a Red Light Safety Enforcement and Speed Enforcement program to monitor red -light violations, associated red -light traffic offenses and speed offenses as further defined in Section 3 of this Agreement (the "Services "), as part of the City's automated traffic law enforcement program; and WHEREAS, Gatso agrees to provide the Services, including the hardware and software to implement a red -light photo- enforcement program ( "System "), pursuant to the terms of this Agreement; and WHEREAS, it is a mutual objective of both Gatso and the City to reduce the incidence of vehicle collisions at the traffic intersections and city streets that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, the parties mutually agree as follows: 1. AGREEMENT TERM; TERMINATION 1.1. Initial Term; Extensions. The Agreement shall commence on the Effective Date and continue for a period of three (3) years (the "Initial Term "). Upon expiration of the Initial Term, the Agreement shall automatically renew each year for subsequent one (1) year terms or such longer term as may be negotiated by the parties based on performance (each a "Renewal Term" and, collectively with the Initial Term, the "Term ") subject to renewal pricing that will be provided by Gatso to the City no less than sixty (60) days prior to the expiration of the then current Initial Term or Renewal Term. 1.2. Termination By Agreement. This Agreement may be terminated at any time by the mutual written agreement of Gatso and the City. 1.3. Termination For Cause. Either party may terminate this Agreement for cause if: (a) the other party has breached its obligations under this Agreement; (b) applicable state or federal law is amended to prohibit or substantially restrict the operation of automated traffic law enforcement systems, including the System being provided by Gatso; or (c) any court of competent jurisdiction rules that the System, or other similar systems, violates applicable state or federal law or cannot otherwise be used to enforce notices of violation or citations issued hereunder. The terminating party must provide thirty (30) days advance notice to the other party of its intent to terminate, which notice must include the reasons for the termination. In the case of a breach of this Agreement, the notice must provide the other party with an opportunity to cure the breach within thirty (30) days after receipt of the notice. Notwithstanding the foregoing, in the event of termination based upon (b) or (c) above, Gatso may suspend the System and all associated Services immediately upon the effective date of such amendment or ruling, as applicable. 1.4. Termination By City For Convenience. The City may terminate this Agreement at any time for its convenience by giving written notice to GATSO not less than 60 days prior to the termination date. If the City terminates this Agreement for convenience at any time within the first three DI.B Page 135 of 194 years after the Effective Date (the "Three -Year Period "), then the City must pay GATSO a fee for that termination in the amount of $700.00 per constructed fixed location camera (the "Termination Fee ") for each month that remains in the Three -Year Period as of the termination date. Termination Fee must be paid within 30 days after the termination date. There is no Termination Fee if the City terminates after the end of the Three -Year Period, including the remainder of the Initial Term and any Extended Term. For a non - constructed fixed location camera installed on existing infrastructure, the Termination Fee shall be fixed at $2,000.00 regardless of time from the Effective Date. This section will survive the termination or expiration of this Agreement. 1.5. Cessation of Activities Except Pending Violations. On the termination date (if this Agreement is terminated for convenience pursuant to Section 1.4) or on the first day after any other date of termination or expiration of this Agreement ( "Effective Date of Termination "), the image capture activities provided by Gatso under this Agreement shall cease immediately. Gatso will continue to provide the Services described in Sections 3.10 through 3.16 for violations that are detected prior to the Effective Date of Termination until final disposition of all such violations. 1.6. Removal Of Hardware, Equipment; Restoration. Upon the termination of this Agreement, Gatso shall promptly remove all cameras provided as part of its Services, which removal shall be completed no later than thirty (30) days after the Effective Date of Termination. In the event Gatso has installed any other hardware or equipment as contemplated by Section 3.2, Gatso shall remove such hardware and equipment as directed by the City and restore the intersections to substantially the same condition as existed prior to this Agreement and repair any damage resulting from the installation or removal of Gatso hardware or equipment. Gatso shall use commercially reasonable efforts such that removal and restoration activities occur within forty - five (45) days after the Effective Date of Termination and do not unreasonably interfere with or adversely affect traffic flow. This section will survive the termination or expiration of this Agreement. 1.7. Warning Period. As used in this Agreement, the term "Warning Period" refers to a period of the first thirty (30) days following the day upon which the first camera is installed and functional pursuant to this Agreement. During the Warning Period, no citation other than warning notices will be issued to motorists by Gatso. For any intersection approach that was enforced by the City prior to the Effective Date and for which the City determines that a Warning Period is not required, then references herein to the end or expiration of the Warning Period for such intersection approach shall be the date when Gatso first operated a camera at such location. 2. COMPENSATION 2.1. Amount. The City shall pay to Gatso the following fees for the System and related Services subject to the Adjustment to Fees set forth in Section 2.2.3 below: 2.1.1. A "Monthly Fee" of $3,900.00 per camera per month, after successful completion of the demonstration described in Section 3.13, and commencing on the first day after the Warning Period ends. 2.1.2. A "Camera Relocation credit" of $500.00 for any T- Series camera relocated by City in accordance with Section 3.3. Page 2 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 136 of 194 2.1.3. An "Expert Witness Fee" of an amount to be mutually agreed upon by the parties for each court proceeding after two (2) per annual term year for which Gatso provides Expert witnesses upon City request as set forth in Section 3.11. 2.2. Fee Payment. 2.2.1. Gatso shall provide an itemized, monthly invoice to the City within ten (10) days of the first business day of the month. Gatso will provide the first invoice hereunder to the City in the month immediately following the expiration of the Warning Period. 2.2.2. For each invoice issued by Gatso pursuant to this Agreement, payment shall be due within thirty (30) days from the date of invoice. Except where an invoiced balance remains unpaid due to a monthly revenue shortfall, the City shall pay Gatso an additional 1.5% monthly late fee for invoiced balances unpaid over sixty (60) days from date of original invoice. 2.2.3. Adjustment to Fees. The total Monthly Fee paid by the City to Gatso pursuant to Section 2.1.1, shall not exceed the total monthly revenue received by the City from operation of the System for that month, less a monthly fee of $500.00 per camera up to a maximum of $5,000.00 City Operating Cost adjustment, and any amounts owed to other entities as required by law (hereinafter the "Adjusted Monthly Revenue "). The amount by which the Monthly Fee exceeds the Adjusted Monthly Revenue for any calendar month shall be carried over into the following monthly invoice, and shall be paid by City as subsequent Adjusted Monthly Revenues exceed subsequent total monthly fees. 2.2.4. Monthly Revenue Shortfall. If total Monthly Revenues are not sufficient to offset the amounts carried over within three (3) months, Gatso may, in its discretion, elect to move any underperforming cameras to new enforcement locations. Thereafter, if Monthly Revenues from such relocated cameras continue to be insufficient to offset the amounts carried over from the previous location within another consecutive three (3) month period, Gatso shall waive such amounts due provided that the City enters into a written mutual release of claims reasonably acceptable to both parties. Such amounts shall be deemed full consideration for any such release. Finally, if Gatso waives amounts due in accordance with this Section two (2) consecutive times (two (2) consecutive quarters), then Gatso may elect to remove one or more underperforming cameras from the System. 2.2.5. Cost Neutrality. If, as of sixty days (60) after effective Date of Termination (other than due to termination for cause by Gatso pursuant to Section 1.3(a)) or the date of any expiration of this Agreement, there remains an unpaid balance of total monthly fees due to insufficient Adjusted Monthly Revenue, Gatso shall waive such amounts due. 2.2.6. Fees are Sole Compensation. The fees required pursuant to this Section 2 shall be Gatso's sole compensation for the Service described herein. Except as explicitly set forth herein, all costs and expenses associated with the supply, installation, commissioning, operation, maintenance, repair, replacement, and removal of the System and all related hardware and equipment shall remain the responsibility of Gatso. This provision will survive the termination or expiration of this Agreement. Page 3 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 137 of 194 3. SCOPE OF WORK 3.1. Gatso Project Manager. Gatso will designate one Gatso employee as the City's principal contact at Gatso ( "Gatso Project Manager "). 3.2. Installation of Cameras. Gatso shall install, operate, and maintain cameras at arterial intersections and school speed zone locations identified by the City based on community safety and traffic needs. The cameras will be installed by Gatso on City owned or controlled poles at the selected intersection approaches or enforcement locations. The City will provide Gatso with access to such poles and electricity for operation of the cameras on such poles at no charge to Gatso. In the event that there is no feasible pole located at an identified intersection approach, the parties will negotiate in good faith as to whether Gatso will install a pole at such location subject to the provisions of Exhibit A. 3.3. Initial Locations; Relocation; Training. Cameras will initially be installed at the locations identified by the City and agreed to in writing by Gatso. Each camera will remain installed in a single location for a minimum of three (3) months following the expiration of any applicable Warning Period. Notwithstanding the foregoing, School zone cameras may be relocated, and reconfigured for use by the City in alternate locations to include traffic monitoring, red light violations or speed violations outside of school seasons. Upon ten (10) days prior written notice from the City, Gatso will reconfigure, as necessary, and move a school zone or other camera to a new location identified by the City in the manner described in Section 3.2. The City may elect to have Gatso train one (1) or more of the City's technical staff members in how to move an installed camera to a new intersection approach, including how to attach and align the camera, as well as how to coordinate with Gatso personnel for necessary technical adjustments for a new camera location. Once City designees have completed such training, upon seven (7) days prior written notice from the City to Gatso, such designees may relocate a camera on a mutually agreed date and time in accordance with such training to an intersection approach with a viable camera pole. The City shall be responsible for any damage to a Gatso camera incurred during, or as a result of, any relocation by the City. Any camera relocated by the City, in accordance with this Section 3.3, will incur a Camera Relocation Credit as set forth in Section 2.1.2. 3.4. Signage. Gatso will provide and install Manual on Uniform Traffic Control Devices (MUTCD) compliant standard signage for each approach road to an enforced intersection or location at no cost to the City. Gatso shall also provide non - standard signage specified by the City (such as signs that include welcome messages, logos, or other features), but the City shall bear all extra costs attributable to any such non - standard features. Those extra costs shall be included in the first invoice issued by Gatso to the City under this Agreement. All signage must be approved by the City prior to installation by Gatso. 3.5. 24 -Hour Operation. Gatso shall operate the System on a continuous, 24 -hour basis, seven (7) days per week, except for reasonable scheduled and unscheduled downtime, including System maintenance and repairs as set forth in Section 3.6, and Force Majeure as set forth in Section 5.4. 3.6. System Maintenance; Repairs; Logs. Gatso shall maintain the System and shall promptly repair or replace any damaged or defective equipment at its own expense except if the damage was caused by the negligent operation of a City owned or controlled vehicle or other negligent act by the City. Gatso shall perform preventative maintenance and cleaning of System components on a regularly scheduled basis, including review, cleaning and testing of camera settings and operation, communications, and other System components. Gatso will use commercially reasonable efforts to notify the City and initiate repairs to the System within forty -eight (48) hours after identification of any damage or a defect. Page 4 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 138 of 194 3.7. System Upgrades. In the event Gatso makes upgrades to the software or related performance capabilities of the System generally available to its customers, Gatso will provide such upgrades without charge to the City. 3.8. City Personnel Training. Gatso will provide System training related to the processing of violations, including training documentation, to City personnel designated by the City. 3.9. Images and Data; Violation Package. Gatso will upload encrypted violation images and embedded violation data to a Gatso server in a timely manner. Gatso shall correlate images and data with DOL records, and shall assemble the images and data into an electronic violation package (a "Violation Package ") in such a manner so as to allow the City to carry out those responsibilities set forth in Section 4.3 of this Agreement. 3.10.Processing Of Violation Package. Gatso shall process Violation Packages through a system that shall be accessible by the City's Police Department, or assigned business unit through the internet to review, and approve or reject, each violation before a notice of violation is issued related to that violation. Gatso shall notify the City of the list of supported web browsers for accessing this system. Gatso will use commercially reasonable efforts to process violation images and send a Violation Package to the City's Police Department for review within five (5) business days after the violation has occurred. Gatso shall provide reasonable aid and assistance in the preparation of documentation for the City's prosecution of citations issued hereunder as may be required by a Court or quasi-judicial panel of competent jurisdiction. 3.11.Notices of Violation. After the City's timely review and direction to electronically transmit a City approved violation on its behalf as set forth in Section 4.3, Gatso shall issue and mail the notice of violation to the violator, and electronically file to the King County District Court in accordance with entered between Gatso and Auburn and in accordance with the current applicable Auburn Business Rules on file with the City. The notice of violation with images and data related to the notice of violation shall be electronically submitted to King County District Court within forty -eight (48) hours, in such form as required and approved by King County AOC and by the King County District Court (which requirements may change during the Term). 3.12.Hosting of Images; Call Center. The System shall allow the registered owner or owners of a cited vehicle to review the images and data related to the notice of violation, through the web - portal by using a unique identifier code issued as part of the notice of violation. Additionally, Gatso will maintain a toll -free telephone number for registered owners to discuss notices of violation, with hours of 8:00 a.m. to 5:00 p.m. (Pacific) Monday through Friday, not including state and federal holidays. 3.13.Hearings. Gatso shall provide fact witnesses for up to two (2) court proceedings during each year of the Initial Term and during each Renewal Term at no cost to the City as requested by the City in writing at least fourteen (14) calendar days in advance of the court proceeding. If the City requires additional fact witness testimony during any such annual period, the City will pay Gatso $500.00 per witness requested to testify plus actual expenses (including refundable travel expenses) and incidentals verified and approved by the City prior to travel. Reimbursement of actual meal expenses will be based on Washington State IRS posted reimbursement rates. The City may cancel any scheduled witness within 48 hours of the scheduled time of travel at no cost to the City. 3.14.Demonstration; Approvals. Prior to installation of any cameras or other equipment Gatso shall demonstrate to the City that Gatso has met all the electronic transmitting requirements of the King County District Court for processing of the Violation Packages. 3.14.1. A successful demonstration shall include (a) at least three (3) documented, successful electronic transmittals of Violation Packages during separate times Page 5 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 139 of 194 and days coordinated through King County Courts; (b) receipt by City of a statement from King County District Court approving the process and confirming test criteria completion. 3.14.2. The City shall review and approve the notice of violation form, and violation package form prior to the System entering the Warning Period, as contemplated by Section 1.7. 3.15. Storage Of Violation Packages. Gatso will store all captured violation data and images pursuant to the policy established by the City and communicated to Gatso prior to the Effective Date, for a period of three (3) years following the violation date. The City shall have reasonable access to the Violation Packages during the storage period. 3.16.NLETS Requirements. All authorized Gatso or subcontractor personnel reviewing the vehicle registration information obtained via the National Law Enforcement Telecommunications System ( "NLETS ") on behalf of the City shall comply with all applicable State of Washington and NLETS requirements. 3.16.1. Gatso will use commercially reasonable efforts to coordinate and integrate with any and all current and future connections to ALPR Servers or other license query programs designated by the City at no additional charge to the City. 3.17.Reports. Gatso shall provide monthly reports to the City comprised of statistics relating to the functioning of the System, including but not limited to the number of captured violations, the number of violations sent for Police Department approval, the number of notices of violation issued, the number of notices of violation paid, the number of contested notices of violation, the amount of scheduled and unscheduled downtime of the System, and such other data as may be reasonably requested by the City. Reports shall be supplied upon request in electronic and or hard -copy including but not limited to maintenance, repair, calibration, updates (software or hardware), camera intersection logs if applicable, and related operational reports for review by the city or as part of ongoing hearings or proceedings which may be required within a reasonable period. Typically within 14 days of request. 3.18.The City shall be responsible for the submission of any reports mandated by the State of Washington with regard to the operation of the System. Gatso will provide reasonable assistance at the City's request. 3.19.Public Awareness. Gatso shall assist and support the City's efforts in public education and awareness programs, by providing information including, but not limited to, violation statistics and violation statistic improvements. Gatso shall provide the City with a pamphlet that the City may reproduce and distribute to City residents; such pamphlet shall include a description of the operation of the System in non - technical terms. 3.20. Insurance. Gatso shall, during the Term of this Agreement, maintain insurance coverage in at least the minimum amounts set forth in this Section 3.20. In the event the WSDOT or the Intergovernmental Risk Management Agency require additional coverages or coverage amounts, the City shall notify Gatso of such requirements and Gatso shall update the insurance coverages maintained pursuant to this Section 3.20 within thirty (30) days of such notice. 3.20.1. Workers' Compensation and Employer's Liability with limits not less than Workers' Compensation: statutory Employer's Liability: $500,000.00 ea. accident - injury $500,000.00 ea. employee- disease $500,000.00 disease - policy Page 6 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 140 of 194 This insurance shall provide that coverage applies to the State of Washington. 3.20.2. Comprehensive Motor Vehicle Liability with limits for vehicles owned, non - owned, or rented of not less than $1,000,000.00 Bodily Injury and Property Damage Combined Single Limit. 3.20.3. Comprehensive General Liability with limits not less than $1,000,000.00 Bodily Injury and Property Damage Combined Single Limit. 3.20.4. Umbrella Liability with limits not less than $2,000,000.00 Bodily Injury and Property Damage Combined Single Limit. This policy shall apply in excess of the limits stated in 3.20.1 through 3.20.3 above. 3.20.5. Gatso shall list the City as an additional insured under all of the policies described in this Section 3.20 and shall file with the City certificates of insurance reflecting the minimum insurance coverage and limits provided in this Section 3.20 prior to commencing work on the System. 4. CITY RESPONSIBILITIES 4.1. City Project Manager. The City will designate one City employee as Gatso's principal contact at the City ( "City Project Manager "). 4.2. Cooperation. The City will cooperate with Gatso during all aspects of the planning, installation, implementation, and operation of the System and perform any other City obligations set forth in this Agreement. For each installation performed by Gatso pursuant to Section 3.2 and 3.3, the City will provide to Gatso or its subcontractors assistance as reasonably requested by Gatso. The City will not access, move or otherwise tamper with an installed camera except as specifically set forth in Section 3.3. 4.3. Review Of Violations. The City will provide sworn City police officers, community service officers or any other city employee designated by the City to carefully review each Violation Package to determine whether: (a) the violation is approved and notices of violation can be generated or (b) the violation is rejected. If the violation is rejected, the Police Department will report to Gatso the basis for the rejection. The City is solely responsible for determining which violations identified by Gatso are issued as citations and enforcing such citations and shall inform Gatso of its determination within seven (7) days of receiving the respective Violation Package. 4.4. Hearings. The City shall be solely and exclusively responsible for all aspects of the hearing process as set forth in Auburn Municipal Code Sec. 10.42.030, as it may from time to time be amended. Gatso shall be required to provide assistance to the City relative to the hearing process by providing a speed measuring device certificate that complies with IRLJ § 6.6(b) and by providing expert witnesses as set forth in Section 3.13. The terms and conditions of this Agreement shall apply to any such assistance by Gatso. 4.5. Collections; Reporting. The City will cause the King County District Court to collect infraction fees as contemplated by this Agreement. The City shall diligently pursue collections of overdue and unpaid infraction fees. In the event a violator fails to pay or contest a notice of violation within sixty (60) days of receipt, the City shall refer such matters to King County District Court for failure to pay in a timely manner. Within 3 business days of receipt of any infraction fee Page 7 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 141 of 194 payment the City will cause such payment to be entered in to the System as directed by Gatso. Within five (5) days of the end of each calendar month, the King County District Court will provide to Gatso an accounting of any funds associated with collection efforts by the King County District Court. All such amounts shall be included in the Adjusted Monthly Revenue calculation, as set forth in Section 2.2.3. 4.6. Access to Information Services. To the extent required by NLETS, the City will provide written authorization (in a form reasonably acceptable to the City) for Gatso to perform WSDOL inquiries on behalf of the City. 5. GENERAL PROVISIONS 5.1. Indemnification Obligations. 5.1.1. The City shall indemnify, defend, and hold harmless Gatso and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them (including but not limited to equipment suppliers and installers) (the "Gatso Indemnitees ") from and against any and all third party claims arising out of or related to: a. any material breach of the representations and warranties of the City set forth in Section 5.3.2; b. negligence or misconduct of the City or its employees, contractors, or agents that results in bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or misconduct of any Gatso Indemnitee; c. the validity of the results of the City's use of the System or any portion thereof; or the validity of any notice of violation or traffic citation issued, prosecuted, and collected as a result of the City's use of the System except to the extent caused by Gatso's failure to comply with the terms of the Agreement. 5.1.2. Gatso shall indemnify, defend, and hold harmless the City and its elected officials, officers, employees, agents, representatives, and permitted assignees and all persons acting by, through, under or in concert with them (the "City Indemnitees ") from and against any and all third party claims arising out of or related to: a. any material breach of the representations and warranties of the Gatso set forth in Section 5.3.1; b. negligence or misconduct of Gatso or its employees, contractors, or agents that results in bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or misconduct of any City Indemnitee; or Page 8 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 142 of 194 c. a claim that the System infringes the copyright or U.S. patent of a third party. In the event such a claim is made or appears likely to be made, Gatso will either: (i) enable the City to continue to use the System, (ii) modify the System to render it non - infringing; or (iii) replace the System with a replacement System at least functionally equivalent. If Gatso determines that none of these alternatives is reasonably available, Gatso shall have the right to terminate this Agreement effective immediately. 5.1.3. In the event any third party claim, action, or demand for which a party seeks indemnification from the other pursuant to this Section 5.1 (each a "Claim "), the Indemnified Party must give the Indemnifying Party written notice of such Claim promptly after the Indemnified Party first becomes aware of it. The Indemnifying Party will have the right to choose counsel to defend against the Claim (subject to approval of such counsel by the Indemnified Party, which approval may not be unreasonably withheld, conditioned, or delayed) and to control and settle the Claim. The Indemnifying Party will have the right to participate in the defense of the Claim at its sole expense. This provision will survive the termination or expiration of this Agreement. 5.2. LIMITATION OF LIABILITY. EXCEPT FOR AMOUNTS PAYABLE WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5.1: (A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE SYSTEMS, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY; AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING OUT OF THE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE LIMITED TO THE FEES PAID OR PAYABLE BY CITY TO GATSO PURSUANT TO SECTION 2.1 DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM. This provision will survive the termination or expiration of this Agreement. 5.3. Representations and Warranties. 5.3.1. Gatso represents and warrants that at all times during the Term: a. it has the legal power to enter into the Agreement; b. the Systems are provided and will continue to perform in accordance with this Agreement; c. the Services described herein will be performed in a workmanlike and professional manner with due care and skill; d. it will perform the Services described herein in compliance with all applicable federal, State of Washington, and local laws including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification including without limitation the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 etseq; Page 9 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 143 of 194 e. it is not barred by law from contracting with City or with any other unit of state or local government as a result of (a) a delinquency in the payment of any tax administered by the State of Washington Department of Revenue unless Gatso is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax; f. the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Agreement and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that Gatso, in procuring this Agreement, has colluded with any other person, firm, or corporation, then Gatso will be liable to the City for all loss or damage that the City may suffer thereby, and this Agreement will be null and void, at the City's option; and g. neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specifically Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specifically Designated National and Blocked Person. Gatso further represents and warrants to the City that Gatso and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as a Specifically Designated National and Blocked Person. 5.3.2. The City represents and warrants that at all times during the Term: a. it has the legal power to enter into and perform its obligations under the Agreement and that it has complied with any and all applicable federal, State of Washington, and local procurement requirements in connection therewith; and b. it will utilize the System in compliance with all applicable federal, State of Washington, and local laws and in accordance with this Agreement. 5.3.3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5.3: a. THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON - INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PEFORMANCE. b. GATSO MAKES NO WARRANTY THAT THE SERVICES AND /OR SYSTEM WILL MEET CITY'S REQUIREMENTS, OR THAT THE SERVICES AND /OR SYSTEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GATSO MAKE ANY Page 10 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 144 of 194 WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND /OR SYSTEM. 5.4. Force Majeure. Neither party shall be liable for delays in the performance of its obligations hereunder due to a Force Majeure Event. "Force Majeure Event" means conditions or other circumstances, such as acts of God, that: (i) were not foreseen, and could not have been reasonably foreseen, by the party obligated to perform, (ii) are beyond the control of the party obligated to perform, and (iii) materially hinder or interfere with the ability of the party obligated to perform to complete performance; provided, however, that no such condition or circumstance will be a Force Majeure Event if it is the result of the fault, negligence, or material breach of this Agreement by the party obligated to perform. Examples of Force Majeure events include wars, floods, strikes and labor disputes, unusual delay in transportation, epidemics abroad, earthquakes, severe adverse weather conditions not reasonably anticipated, and delays in permitting. 5.5. Relationship between Gatso and City. Gatso is an independent contractor. This Agreement does not create, and nothing in this Agreement may be deemed, construed, or implied to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. Further, this Agreement does not permit either party to incur any debts or liabilities or obligations on behalf of the other party, except only as specifically provided herein. 5.6. Assignment. Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Gatso may assign the Agreement to an affiliate or in connection with a merger or sale of substantially all of the assets related to the Agreement. The Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 5.7. Escalation Procedure. The following procedure will be followed if resolution is required to a conflict arising during the performance of this Agreement. Nothing in this Section 5.7 shall prohibit either party from seeking equitable relief in any court of competent jurisdiction during the Term. 5.7.1. When a conflict arises between the City and Gatso, the project team members will first strive to work out the problem internally. 5.7.2. If the project team cannot resolve the conflict within five (5) business days, the City Project Manager identified pursuant to Section 4.1 and the Gatso Project Manager identified pursuant to Section 3.1 will meet to resolve the issue. 5.7.3. If the conflict is not resolved within five (5) business days after being escalated to the Project Managers, a senior executive of Gatso will meet with the City Mayor within five (5) days to resolve the issue. 5.7.4. If the conflict remains unresolved as described in Section 5.7.3, the parties may mutually agreement to terminate the Agreement pursuant to Section 1.2 or seek other legal relief as set forth in Section 5.8. 5.7.5. During any conflict resolution, Gatso agrees to provide those Services relating to items not in dispute, to the extent practicable pending resolution of the conflict and the City agrees to pay undisputed invoices as set forth herein. Page 11 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 145 of 194 5.8. Applicable Law; Jurisdiction and Venue. This Agreement is governed by and construed in all respects in accordance with the laws of the State of Washington, without regard to any conflicts of laws rules. Any lawsuit arising out of or in connection with this Agreement must be filed in a state or federal court of competent jurisdiction in Washington, and both parties specifically agree to be bound by the jurisdiction and venue of such courts. 5.9. Entire Agreement; Amendment. This Agreement and any Exhibits constitutes the entire agreement between the parties about the Services and supersedes all prior and contemporaneous agreements or communications. This Agreement may only be amended by a writing specifically referencing this Agreement which has been signed by authorized representatives of the parties. 5.10. Counterparts. This Agreement may be signed in one or more counterparts, each of which will be deemed to be an original and all of which when taken together will constitute the same Agreement. Any copy of this Agreement made by reliable means (for example, photocopy or facsimile) is considered an original. 5.11.Enforceability. If any term in this Agreement is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Agreement will be unaffected, provided that such unenforceability does not materially affect the parties' rights under this Agreement. 5.12. Waiver. An effective waiver under this Agreement must be in writing signed by the party waiving its right. A waiver by either party of any instance of the other party's noncompliance with any obligation or responsibility under this Agreement will not be deemed a waiver of subsequent instances. Signature Page Follows Page 12 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 146 of 194 IN WITNESS WHEREOF, Gatso and the City of Auburn, WA have caused this Agreement to be executed by their properly authorized representatives as of the Effective Date. Agreed to: Gatso USA, Inc. Agreed to: City of Auburn, Washington By By Authorized signature Authorized signature Name (type or print): Name (type or print): Date: Date: Attested to: Attested to: By By Authorized signature Authorized signature Name (type or print): Name (type or print): Date: Date: Approved as to Form: By City Attorney Page 13 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 147 of 194 EXHIBIT A Additional Terms and Conditions for Installation of Camera Poles In the event that Gatso is required to install one (1) or more camera poles pursuant to Section 3.2, the following additional terms and conditions shall apply: A. Obtaining Permits. Gatso shall prepare all permit applications, design drawings or other related documents as may be reasonably required by the City or any other governmental entities for the installation and operation of the camera poles. The City will provide to Gatso, at no cost, all City permits necessary for the operation of the System and provision of the Services provided Gatso meets the minimum requirements for such permits. Gatso will use commercially reasonable efforts to obtain any other necessary permits for the camera poles from applicable agencies and shall pay all permit or other fees charged by such governmental entities in connection with the installation and operation of the System. The City will reasonably assist Gatso in securing necessary permits from other governmental agencies, as required. B. Installation. Gatso will commence installation of the camera poles within ten (10) business days after any and all necessary State of Washington, County, and City permit applications have been approved and such permits have been received. Gatso shall not be responsible for any delays associated with the failure of any state or local government to promptly provide applicable permits. In the event any permitting agency requires one (1) or more upgrades to any City owned or controlled equipment at any intersection where the System will be installed, such upgrades shall be the sole responsibility of the City. Gatso may elect to add a separate circuit breaker to the traffic control system power source to obtain electric power for the System. Gatso will use commercially reasonable efforts to complete installation of the System in a timely manner. C. Removal Of Hardware, Equipment; Restoration. Upon the termination of this Agreement, Gatso shall restore the City's property as directed by the City to substantially the same condition as such property was in immediately prior to this Agreement. Notwithstanding the foregoing, Gatso will not remove any camera pole foundations unless mutually agreed by Gatso and the City. Installed underground conduit and other equipment shall not be required to be removed. Gatso shall use commercially reasonable efforts such that removal and restoration activities occur within forty -five (45) days after the Effective Date of Termination and do not unreasonably interfere with or adversely affect traffic flow. Page 14 Gatso/ Auburn WA Customer Agreement, T- Series, rev. 100114 DI.B Page 148 of 194 DI.0 AUBURN WASH o Agenda Subject: Resolution No. 5104 Department: Community Development & Public Works AGENDA BILL APPROVAL FORM Attachments: Resolution Na 5104 Attachment A to Resolution Na 5104 Administrative Recommendation: Date: September 30, 2014 Budget Impact: $0 For discussion only. Background Summary: In 2012, the Pierce County Countywide Planning Policies (CPPs) amendments consistent with Puget Sound Regional Council's Vision 2040 became effective. Auburn ratified the amendments November 2011. When those amendments were sent to Washington State Department of Commerce for review by Pierce County (as required by RCW), Commerce commented on the Urban Growth Area (UGA) and Annexation policies recommending that Pierce County relook at those to be consistent with state law. There have also been Growth Management Hearings Board decisions as well as a Superior Court decision involving the City of Bonney Lake that clearly determine how urban growth areas are to be expanded consistent with the Growth Management Act. In 2013 when Pierce County was amending its Comprehensive Plan to be consistent with the CPPs, the Pierce County Regional Council (PCRC) considered an amendment that would have amended Pierce County's comprehensive plan policies and required a county -wide need for growth capacity prior to allowing an Urban Growth Area expansion, rather than allowing for an individual jurisdiction to expand based on individual capacity need. This amendment would have made Pierce County's comprehensive plan consistent with the already adopted CPPs (the 2012 effective version). At that time, some PCRC members were concerned with this limitation for individual jurisdictions and did not take action on Pierce County's comprehensive plan amendment and remanded the issued back to Growth Management Coordination Committee (GMCC) for consideration. After several months of discussion, the GMCC recommended 3 options to the PCRC. Part of the GMCC recommendation also included the following: AUBURN * MORE THAN YOU IMAGINED Page 149 of 194 DI.0 A terminology change from "urban service area" to "Potential Annexation Area ", similar to how King County designates areas to be annexed to cities An encouragement of joint planning agreements for existing areas affiliated with cities and towns Exploring and establishing financial incentives for annexation Limiting cities and towns to annex territory within their adopted PAA Joint grant funding opportunities Unincorporated islands as top priority for annexation This was presented to the PCRC at their May 15, 2014 meeting. At the conclusion of the discussion, PCRC recommended approval of Option 3 which did not change the CPPs related to amendments and transitions but did amend the CPPs as noted above. Amendments to the CPPs must be ratified by 60 percent of the jurisdictions in Pierce County representing 75 percent of the total population. Cities and towns have the option of passing an ordinance /resolution or if not in favor of the proposal passing a resolution in opposition. If no action is taken by a jurisdiction within 180 days or by December 21, 2014 that is seen as approval. The Planning and Community Development Committee reviewed the amended policies at their September 8, 2014 and September 22, 2014 meetings and recommended approval of Resolution No. 5104 to full City Council. Reviewed by Council Committees: Planning And Community Development Councilmember: Holman Staff: Chamberlain Meeting Date: October 6, 2014 Item Number: DI.0 AUBURN * MORE THAN YOU IMAGINED Page 150 of 194 RESOLUTION NO. 5 1 0 4 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY, THEREBY AMENDING THE PIERCE COUNTY COUNTYWIDE PLANNING POLICIES RELATED TO ANNEXATIONS AND URBAN GROWTH AREA EXPANSIONS WHEREAS, on July 1, 1990, the Growth Management Act (the GMA) became effective (Chapter 36.70A Revised Code of Washington); and WHEREAS, the Growth Management Act requires Counties, Cities, and Towns to plan for housing affordable to all economic segments of the population; and WHEREAS, on January 31, 1995, the Pierce County Council passed Resolution R95 -17 affirming the commitment of the County to continue discussions with other local jurisdictions to resolve implementation of the Growth Management Act; and WHEREAS, the Pierce County Countywide Planning Policies are written policy statements which are to be used solely for establishing a countywide framework from which the County and Municipal comprehensive plans are developed and adopted; and WHEREAS, the City participated in the amendment process and helped develop the proposed Pierce County Countywide Planning Policies through participation in Pierce County's Growth Management Coordinating Committee (GMCC), a staff level committee that reviews amendments to the Pierce County Countywide Planning Policies and makes recommendations to the Pierce County Regional Council (PCRC); and Resolution No. 5104 September 18, 2014 DI.CPage 1 of 3 Page 151 of 194 WHEREAS, the Pierce County Regional Council recommended adoption of the proposed amendments to the Pierce County Countywide Planning Policies on May 15, 2014; and WHEREAS, the Pierce County Council adopted Ordinance No. 2014 -17s on June 24, 2014; and WHEREAS, the Planning and Community Development Committee reviewed the amended policies at their September 8, 2014 meeting and made a recommendation to the full City Council at their September 22, 2014 meeting; and WHEREAS, amendments to the Pierce County Countywide Planning Policies must be adopted through amendment of the original interlocal agreement or by a new interlocal agreement ratified by 60 percent of member jurisdictions in Pierce County representing 75 percent of the total population; and WHEREAS, an interlocal agreement titled "Amendments to the Pierce County Countywide Planning Policies" was developed for the purpose of implementing the recommended amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN HEREBY RESOLVES as follows: Section 1. The amendments to the Pierce County Countywide Planning Policies are attached as Exhibit A to this Resolution. Section 2. The Mayor is authorized to execute the interlocal agreement for the purpose of amending the Pierce County Countywide Planning Policies in accordance with the requirements of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. Resolution No. 5104 September 18, 2014 DI.CPage2of3 Page 152 of 194 Section 3. That a copy of the resolution and signed interlocal agreement authorizing approval shall be provided to Pierce County. Section 4. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and signed this day of , 2014. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5104 September 18, 2014 DI.CPage 3 of 3 Page 153 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Exhibit A Resolution No. 5104 Sponsored by: Councilmembers Rick Talbert, Stan Flemming, Connie Ladenburg, and Dan Roach Requested by: Executive /Planning and Land Services ORDINANCE NO. 2014 -17s An Ordinance of the Pierce County Council Acknowledging its Approval of a Proposed Amendment to Incorporate Annexation Policies in the Pierce County Countywide Planning Policies as Recommended by the Pierce County Regional Council; Authorizing the Pierce County Executive to Execute Interlocal Agreements with the Cities and Towns of Pierce County to Ratify the Proposed Amendments; Amending Chapter 19D.240 of the Pierce County Code, "Pierce County Countywide Planning Policies," Upon Ratification; and Adopting Findings of Fact. Whereas, the Pierce County Regional Council (PCRC) was created in 1992 by interlocal agreement among the cities and towns of Pierce County and Pierce County Government (the County), and charged with responsibilities, including: Serving as a local link to the Puget Sound Regional Council, promoting intergovernmental cooperation, facilitating compliance with the coordination and consistency requirements of the Growth Management Act (Chapter 36.70A. Revised Code of Washington [RCW]) and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and developing a consensus among jurisdictions regarding the development and modification of the Pierce County Countywide Planning Policies (CPPs); and Whereas, the CPPs are written policy statements which are to be used solely for establishing a countywide framework from which the County and municipal comprehensive plans are developed and adopted; and Whereas, the framework is intended to ensure that the County and municipal comprehensive plans are consistent; aid Whereas, the County adopted its initial CPPs on June 30, 1992; and Whereas, the Pierce County Growth Management Coordinating Committee (GMCC) is a technical subcommittee to the PCRC, and the GMCC includes staff representatives from the County and the cities and towns within Pierce County; and Whereas, the PCRC, based upon the recommendation from the GMCC and its own discussions, recommended approval of the proposal at its October 17, 2013 meeting; and DI.0 Ordinance No. 2014 -17s Page 1 of 3 Pierce County CourIa 930 Tacoma Ave S Rai 1046 Tacoma, WA 98402 4 of 194 Whereas, amendments to the CPPs must be adopted through amendment of the original interlocal agreement or by a new interlocal agreement ratified by 60 percent of member jurisdictions in Pierce County representing 75 percent of the total population; and Whereas, demonstration of ratification shall be by execution of an interlocal agreement or the absence of a legislative action to disapprove a proposed amendment; and Whereas, an Interlocal Agreement entitled "Amendments to the Pierce County Countywide Planning Policies" has been developed for this purpose, and is included as Exhibit B to this Ordinance; and Whereas, a jurisdiction shall be deemed as casting an affirmative vote if it has not taken legislative action to disapprove a proposed amendment within 180 days from the date the Pierce County Council formally authorizes the Pierce County Executive to enter into an interlocal agreement; and Whereas, when ratified by the necessary number of cities and towns, Section 19D.240 of the Pierce County Code (PCC), "Pierce County Countywide Planning Policies ", shall be amended by a subsequent ordinance of the County Council to incorporate the recommended proposal; and Whereas, the Pierce County Planning Commission, at its November 26, 2013, regular public hearing, reviewed the proposed amendments to the CPPs and recommended approval; and Whereas, the Pierce County Environmental official has determined the proposal is exempt from SEPA per WAC 197 -11 -800 (19); and Whereas, after a properly noticed public hearing, the Community Development Committee of the Pierce County Council considered oral and written testimony and forwarded its recommendation to the full County Council; and Whereas, the County Council held a public hearing on June 24, 2014, where oral and written testimony was considered; and Whereas, the County Council finds that it is in the public interest to authorize the Pierce County Executive to execute the interlocal agreement; Now Therefore, BE IT ORDAINED by the Council of Pierce County: Section 1. The Pierce County Council acknowledges its approval of the amendments to the CPPs recommended by the Pierce County Regional Council as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. DI.0 Ordinance No. 2014 -17s Page 2 of 3 Pierce County Couip' 930 Tacoma Ave S, Rm 104G- Tacoma, WA 98402 5 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 2. The Pierce County Council authorizes the Pierce County Executive to execute Interlocal Agreements as set forth in Exhibit B, which is attached hereto and incorporated herein by reference, thereby ratifying the attached amendments to the CPPs and amending Chapter 19D.240 of the Pierce County Code as recommended by the Pierce County Regional Council. Section 3. The Pierce County Council adopts Findings of Fact as shown in Exhibit C, which is attached hereto and incorporated herein by reference. PASSED this (h r day of �¢— , 2014. ATTEST: s,e \e, (SD Denise D. Johnson Clerk of the Council Date of Publication of Notice of Public Hearing: Effective Date of Ordinance: DI.0 PIERCE COUNTY COUNCIL Pierce County, Washington / 1 Dan Roach Council air If Pat McCarth Pierce County ` xecutive Approved toed day of 2014. swt , a-014 907)1 , a-014 Ordinance No. 2014 -17s Page 3 of 3 , this Pierce County Co ys;h, 930 Tacoma Ave 9, Rm 9 cg Tacoma, WA 98492 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DI.0 Exhibit A to Ordinance No. 2014 -17s Proposed Amendments to the Pierce County Countywide Planning Policies Addressing Potential Annexation Areas and Annexation Exhibit A to Ordinance No. 2014 -17s Page 1 of 15 Pierce County Couril 930 Tacoma Ave S, Rm 1049 Tacoma, WA 98402 7 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 COUNTYWIDE PLANNING POLICY ON URBAN GROWTH AREAS, PROMOTION OF CONTIGUOUS AND ORDERLY DEVELOPMENT AND PROVISION OF URBAN SERVICES TO SUCH DEVELOPMENT Background - Requirements of Growth Management Act The Washington State Growth Management Act has as planning goals the encouragement of development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner [RCW 36.70A.020(1)],the reduction of sprawl (Le., the inappropriate or premature conversion of undeveloped land into low- density development) [RCW 36.70A.020(2)], and the provision of adequate public facilities and services necessary to support urban development at the time the development is available for occupancy and use (without decreasing current service levels below locally established minimum standards) [RCW 36.70A.020(12)] as planning goals. The Growth Management Act further requires (1) that the County designate an "urban growth area" (UGA) or areas within which urban growth shall be encouraged and outside of which growth shall occur only if it is not "urban" in character; (2) that each municipality in the County be included within an UGA; (3) that an UGA include territory outside of existing municipal boundaries only if such territory is characterized by urban growth or is adjacent to territory that is already characterized by urban growth. [RCW 36.70A.110(1); for definition of "urban growth" see RCW 36.70A.030(17).] The designated UGAs shall be of adequate size and appropriate permissible densities so as to accommodate the urban growth that is projected by the State Office of Financial Management to occur in the County for the succeeding 20 -year period. While each UGA shall permit urban densities, it shall also include greenbelt and open space areas [RCW 36.70A.110(2)]. As to the timing and sequencing of urban growth and development over the 20 -year planning period, urban growth shall occur first in areas already characterized by urban growth that have existing public facility and service capacities to service such development, second in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources [RCW 36.70A.110(3)]. Urban government services shall be provided primarily by cities, and it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and environment, and when such services are financially supportable at rural densities and do not permit urban development [RCW 36.70A.110(4)]. The Growth Management Act Amendments expressly require that countywide planning policies address the implementation of UGA designations [RCW 36.70A.210(3)(a)], the promotion of contiguous and orderly development, the provision of urban services to such development [RCW 36.70A.210(3)(b)], and the coordination of joint county and municipal planning within UGAs [RCW 36.70A.210(3)(f)]. DI.0 Exhibit A to Ordinance No. 2014 -17s Page 2 of 15 Pierce County Courps 930 Tacoma Ave S, Rm 110104 Tacoma, WA 98402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 VISION 2040 Multicounty Planning Policies (MPPs) VISION 2040 calls for a more efficient, sustainable, and strategic use of the region's land. It identifies urban lands as a critical component to accommodate population and employment growth in a sustainable way. VISION 2040 calls for directing development to the region's existing urban lands, especially in centers and compact communities, and limiting growth on rural lands. The Regional Growth Strategy found in VISION 2040 allocates 93 percent of the region's future population growth and 97 percent of its employment growth into the existing urban growth area. Cities are divided into four distinct groups: Metropolitan Cities, Core Cities, Large Cities, and Small Cities. An additional geography is Unincorporated Urban Growth Areas. VISION 2040 recognizes that unincorporated urban lands are often similar in character to cities they are adjacent to, calling for them to be affiliated with adjacent cities for joint planning purposes and future annexation. VISION 2040 recognizes that compact development creates vibrant, livable, and healthy urban communities that offer economic opportunities for all, provide housing and transportation choices, and use our resources wisely. The Multicounty Planning Policies support the effective use of urban land and include provisions that address brownfield and contaminated site clean -up, the development of compact communities and centers with pedestrian - friendly, transit - oriented locations and a mix of residences, jobs, retail, and other amenities, and the siting of facilities and major public amenities in compact urban communities and centers. VISION 2040 recognizes that centers provide easy access to jobs, services, shopping, and entertainment. With their mix of uses and pedestrian - friendly design, they can rely less on forms of transportation that contribute to air pollution and greenhouse gas emissions. VISION 2040 identifies 27 regional growth centers. These places play an important role as locations of the region's most significant business, governmental, and cultural facilities. The 18 cities that have one or more regional growth centers are expected to accommodate a significant portion of the region's residential growth (53 percent) and employment growth (71 percent). VISION 2040 calls for local jurisdictions with regional growth centers to adopt housing and employment targets for each center. Eight regional manufacturing/industrial centers have also been designated. These are locations for more intensive commercial and industrial activity. Both regional growth centers and regional manufacturing/industrial centers are focal points for economic development and transportation infrastructure investments. Subregional centers, including downtowns in suburban cities and other neighborhood centers, also play an important role in VISION 2040's Regional Growth Strategy. These, too, are strategic locations for concentrating jobs, housing, shopping, and recreational opportunities. VISION 2040 calls for each of the region's cities to develop one or more central places as compact mixed -use hubs for concentrating residences, jobs, shops, and community facilities. DI.0 Exhibit A to Ordinance No. 2014 -17s Page 3 of 15 Pierce County Cou i% 930 Tacoma Ave 8, Rm 3 4 Tacoma, WA 98402 9 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Urban services addressed in VISION 2040 include wastewater and stormwater systems, solid waste, energy, telecommunications, emergency services, and water supply. An overarching goal of VISION 2040 is to provide sufficient and efficient public services and facilities in a manner that is healthy, safe, and economically viable. Conservation is a major theme throughout VISION 2040. The Multicounty Planning Policies address increasing recycling and reducing waste and encouraging more efficient use of water, low - impact development techniques, and renewable and alternative energy. The Multicounty Planning Policies also address siting of public facilities and the appropriateness and scale of particular public services. VISION 2040 calls for jurisdictions to invest in facilities and amenities that serve centers and restrict urban facilities in rural and resource areas. The Multicounty Planning Policies also discourage schools and other institutions serving urban residents from locating outside the urban growth area. Principles of Understanding Between Pierce County and the Municipalities in Pierce County While following the goals and regulations of the Growth Management Act, Pierce County and the municipalities in Pierce County will strive to protect the individual identities and spirit of each of our cities and of the rural areas and unincorporated communities. Further agreements will be necessary to carry out the framework of joint planning adopted herein. These agreements will be between the County and each city and between the various cities. The services provided within our communities by special purpose districts are of vital importance to our citizens. Consistent with the adopted regional strategy, these districts will be part of future individual and group negotiations under the framework adopted by the County and municipal governments. While the Growth Management Act defines sewer service as an urban service, Pierce County currently is a major provider of both sewer transmission and treatment services. The County and municipalities recognize that it is appropriate for the County and municipalities to continue to provide sewer transmission and treatment services. The County recognizes that unincorporated lands within UGAs are often Potential Annexation Areas for cities. Although annexation is preferred, these are also areas where incorporation of new cities could occur. The County will work with existing municipalities and emerging communities to make such transitions efficiently. The identification of "Potential Annexation Areas" (PAAs) is intended to serve as the foundation for future strategies to annex areas within the urban growth area. A Potential Annexation Area refers to an unincorporated area within the designated urban growth area which a city or town has identified as being appropriate for annexation at some point in the future. A Potential Annexation Area designation does not obligate a jurisdiction to annex an area within a defined timeline. It is the County's authority, in consu[tation with cities and towns, to adopt the urban growth area(s), and identify individual Potential Annexation Areas. DI.0 Exhibit A to Ordinance No. 2014 -17s Page 4 of 15 Pierce County Cou 930 Tacoma Ave S, Rm 04 Tacoma, WA 98402 0 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 In order to promote logical, orderly, and systematic annexations of the urban growth area(s), the County in partnership with cities and towns, should establish joint planning agreements and annexation plans prior to expanding or adding to existing PAAs. Creation of new PAAs prior to the annexation of existing PAAs may directly impact Pierce County government and its service obligations, and may undermine the transition of existing unincorporated lands into cities and towns. The County encourages cities and towns to annex land within its respective PAAs. The County recognizes cities and towns may not have a financial incentive to annex areas that will require more expenditures than the revenue produced through property or sales tax. Jurisdictions need to be creative in identifying potential financial incentives, in addition to establishing partnerships to overcome the financial obstacles. As a means to allocate resources, the County should prioritize the PAAs, with the highest being unincorporated "islands" between cities and towns. Pierce County shall support future annexations for areas in which a joint planning agreement exists between the County and appropriate city or town. At the same time, annexations and incorporations have direct and significant impacts on the revenue of County government, and therefore, may affect the ability of the County to fulfill its role as a provider of certain regional services. The municipalities will work closely with the County to develop appropriate revenue sharing and contractual services arrangements that facilitate the goals of GMA. The Countywide Planning Policies are intended to be the consistent "theme" of growth management planning among the County and municipalities. The policies also spell out processes and mechanisms designed to foster open communication and feedback among the jurisdictions. The County, and the cities and towns, will adhere to the processes and mechanisms provided in the policies. Growth Targets The Regional Growth Strategy set forth in VISION 2040 provides guidance for the distribution of future population and employment growth through the year 2040 within the Central Puget Sound Region. This strategy, in combination with the Office of Financial Management's population forecasts, provides a framework for establishing growth targets consistent with the requirements of the Growth Management Act. Consistent with VISION 2040, these growth targets are the minimum number of residents, housing units, or jobs a given jurisdiction is planning to accommodate within the appropriate planning horizon and are informational tools integrated into local land use plans to assist in formulating future residential and employment land needs. These targets are to be developed through a collaborative countywide process that ensures all jurisdictions are accommodating a fair share of growth. Achievement of the future envisioned by VISION 2040 will be challenging. Jurisdictions in some regional geographies will likely be planning for growth targets that are above or below the policy direction set by the Regional Growth Strategy because they are on a DI .0 Exhibit A to Ordinance No. 2014 -17s Page 5 of 15 Pierce County Coup6 930 Tacoma Ave 9, Rm 1 4 Tacoma, WA 98402 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 front- or back - loaded growth trajectory toward 2040. In other regional geographies, recent growth has been at such significant odds with the policy direction set by the Regional Growth Strategy (such as recent growth in unincorporated urban Pierce County from 2000 to 2007 has already accounted for more than half of the 40 -year growth allocation), that the 2040 goal will likely be exceeded. In such cases, jurisdictions are asked to set growth targets as close to VISION 2040 as reasonably possible in an effort to "bend the trend" of future growth to more closely conform to the Regional Growth Strategy. If a jurisdiction's adopted target is lower or higher than expected from a straight -line application of the Regional Growth Strategy, certification by the Puget Sound Regional Council (PSRC) will be based on the actions and measures taken or proposed to be put in place to bend the trend, not just on an assessment of the adopted targets. It is recognized that some of the urban growth areas in existence prior to the adoption of VISION 2040 may contain more potential housing and employment capacity based upon zoning, allowed density, land division patterns, and other factors than is needed to accommodate the growth target of the associated geography. In many cases, these urban growth areas have been in existence for a decade or more, contain existing development patterns, which are urban in character, and are served by sanitary sewer and other urban infrastructure. These areas are largely expected to remain within the urban growth area consistent with their urban character. Expansion of the urban growth area boundaries that do not comply with provisions in the Amendments and Transition section of these policies is acknowledged to be inconsistent with CPPs and is strongly discouraged. Centers Centers are to be areas of concentrated employment and/or housing within UGAs which serve as the hubs of transit and transportation systems. Centers and connecting corridors are integral to creating compact urban development that conserves resources and creates additional transportation, housing, and shopping choices. Centers are an important part of the regional strategy (VISION 2040) for urban growth and are required to be addressed in the Countywide Planning Policies. Centers will become focal points for growth within the County's UGA and will be areas where public investment is directed. Centers are to: • be priority locations for accommodating growth; • strengthen existing development patterns; • promote housing opportunities close to employment; • support development of an extensive multimodal transportation system which reduces dependency on automobiles; • reduce congestion and improve air quality; and • maximize the benefit of public investment in infrastructure and services. VISION 2040, the adopted regional growth strategy, identifies several centers as an integral feature for accommodating residential and employment growth. The strategy describes Regional Growth Centers, and other centers that may be designated through DI.0 Exhibit A to Ordinance No. 2014 -17s Page 6 of 15 Pierce County Courp 930 Tacoma Ave 8, Rm 1 4 Tacoma, WA 98402 2 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 countywide processes or locally. Regional Growth Centers once regionally designated are located either in Metropolitan Cities, or in Core Cities. VISION 2040 also identifies Manufacturing /Industrial Centers, which consist primarily of manufacturing and industrial uses. Pierce County has five Regional Growth Centers and two Manufacturing /Industrial Centers that have been adopted into the regional growth strategy. Pierce County Regional Growth Centers are located in Tacoma, which is a Metropolitan City, and in Lakewood and Puyallup, which are Core Cities. Regional Growth Centers in the Metropolitan City Tacoma Central Business District Tacoma Mall Regional Growth Centers in Core Cities Lakewood Puyallup Downtown Puyallup South Hill Currently there are no designated Countywide Centers. Manufacturing /Industrial Centers are areas where employee- or land- intensive uses will be located. These centers differ from Regional Growth Centers in that they consist of an extensive land base and the exclusion of non - manufacturing or manufacturing - supportive uses is an essential feature of their character. These areas are characterized by a significant amount of manufacturing, industrial, and advanced technology employment uses. Large retail and non - related office uses are discouraged. Other than caretakers' residences, housing is prohibited within Manufacturing /industrial Centers. However, these centers should be linked to high density housing areas by an efficient muitimodal transportation system. The efficiency of rail and overland freight to markets is the critical element for manufacturers and industries located in these centers. The designated Manufacturing /Industrial Centers, within Pierce County are as follows: Manufacturing / Industrial Centers Frederickson Port of Tacoma Within Pierce County, a limited number of additional centers may be designated through amendment of the Countywide Planning Policies consistent with the process below. Designated centers may vary substantially in the number of households and jobs they contain today. The intent of the Countywide Planning Policies is that Regional Growth Centers become attractive places to live and work, while supporting efficient public services such as transit and being responsive to the local market for jobs and housing. The Countywide Planning Policies establish target levels for housing and employment needed to achieve the benefit of a center. Some centers will reach these levels over the DI .0 Exhibit A to Ordinance No. 2014 -17s Pierce County Coup% 930 Tacoma Ave S, Rai 1046 Tacoma, WA 98402 Page 7 of 15 3 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 next twenty years, while for others the criteria set a path for growth over a longer term, providing capacity to accommodate growth beyond the twenty year horizon. County -Level Centers Designation Process The County and any municipality in the County that is planning to include a Metropolitan City Center, Regional Growth Center, Countywide Center or Manufacturing / Industrial Center within its boundaries shall specifically define the area of such center within its comprehensive plan. The comprehensive plan shall include policies aimed at focusing growth within the center and along corridors consistent with the applicable criteria contained within the Countywide Planning Policies. The County or municipality shall adopt regulations that reinforce the center's designation. No more often than once every two years, the Pierce County Regional Council (PCRC) shall invite jurisdictions with centers already adopted in their comprehensive plan that seek to be designated as centers in the Countywide Planning Policies to submit a request for such designation. Said request shall be processed in accordance with established procedures for amending the Countywide Planning Policies. Each jurisdiction seeking to have a center designated in the Countywide Planning Policies shall provide the PCRC with a report demonstrating that the proposed center meets the minimum criteria for designation together with a statement and map describing the center, its consistency with the applicable Countywide Planning Policies, and how adopted regulations will serve the center. Transit services shall be defined in the broadest sense and shall include local and regional bus service, rail where appropriate, vanpool, carpool, and other transportation demand measures designed to reduce vehicle trips. The minimum designation criteria to establish a candidate center by type are as follows: DI.0 Metropolitan City Center Area: up to 1-1/2 square miles in size; Capital Facilities: served by sanitary sewers; Employment: a minimum of 25 employees per gross acre of non - residential lands with a minimum of 15,000 employees; Population: a minimum of ten households per gross acre; and Transit: serve as a focal point for regional and local transit services. Regional Growth Center Area: up to 1 -1/2 square miles in size; Capital Facilities: served by sanitary sewers; Employment: a minimum of 2,000 employees; Population: a minimum of seven households per gross acre; and Transit: serve as a focal point for regional and local transit services. Exhibit A to Ordinance No. 2014 -17s Page 8 of 15 Pierce County Courph 930 Tacoma Ave S, Rm 1t47 Tacoma, WA 98402 4 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Countywide Center Area: up to one square mile in size; Capital Facilities: served by sanitary sewers; Employment: a minimum of 1,000 employees; Population: a minimum of 6 households per gross acre; and Transit: serve as a focal point for local transit services. Manufacturing / Industrial Center Capital Facilities: served by sanitary sewers; Employment: a minimum of 7,500 jobs and/or 2,000 truck trips per day; and Transportation: within one mile of a state or federal highway or national rail line. The minimum criteria report and statement shall be reviewed by the Growth Management Coordinating Committee (GMCC) for consistency with Countywide Planning Policies, the Transportation Coordination Committee (TCC) for consistency with transportation improvements plans of WSDOT, and with Pierce Transit's comprehensive plan. The coordinating committees shall provide joint recommendation to the PCRC. Once included in the Countywide Planning Policies, the jurisdiction where a center is located may go on to seek regional designation of the center from the Puget Sound Regional Council (PSRC) in accordance with its established criteria and process. In order to be designated a Regional Growth Center the center should meet the regional criteria and requirements including those in VISION 2040, the regional growth, economic and transportation strategy as may be amended and designated by the Puget Sound Regional Council. After county -level designation occurs within the Countywide Planning Policies and until regional -level designation by the PSRC occurs the center shall be considered a "candidate" Regional Growth Center. Each jurisdiction which designates a Regional Growth Center shall establish 20 -year household and employment growth targets for that Center. The expected range of targets will reflect the diversity of the various centers and allow communities to effectively plan for needed services. The target ranges not only set a policy for the level of growth envisioned for each center, but also for the timing and funding of infrastructure improvements. Reaching the target ranges will require careful planning of public investment and providing incentives for private investments. Three candidate regional centers have been included into the Countywide Planning Policies. One of the candidate centers is a Regional Growth Center and the other two candidate centers are an Industrial /Manufacturing Center. Candidate Regional Centers University Place — Candidate Regional Growth Center South Tacoma — Candidate Industrial /Manufacturing Center Sumner - Pacific — Candidate Industrial /Manufacturing Center DI .0 Exhibit A to Ordinance No. 2014 -17s Page 9 of 15 Pierce County Coup 930 Tacoma Ave S, Rm 1 4 Tacoma, WA 98402 5 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Urban Growth Outside of Centers A variety of urban land uses and areas of growth will occur outside of designated centers but within the UGA. Local land use plans will guide the location, scale, timing, and design of development within UGAs. The UGA will be where the majority of future growth and development will be targeted. Development should be encouraged which complements the desired focus of growth into centers and supports a multimodal transportation system. For example, policies which encourage infill and revitalization of communities would help to achieve the regional and statewide objectives of a compact and concentrated development pattern within urban areas. The Countywide Planning Policies provide guidance for development and the provision of urban services to support development within the UGA. Satellite Cities and Towns The cities and towns in the rural areas are a significant part of Pierce County's diversity and heritage. They have an important role as local trade and community centers. These cities and towns are the appropriate providers of local rural services for the community. They also contribute to the variety of development patterns and housing choices within the county. As municipalities, these cities and towns provide urban services and are located within the County's designated UGA. The urban services, residential densities and mix of land uses may differ from those of the large, contiguous portion of the UGA in Pierce County. Countywide Planning Policy DI.0 UGA -1. The County shall designate the countywide urban growth area and Potential Annexation Areas within it, in consultations between the County and each municipality. 1.1 County referral of proposed urban growth area and Potential Annexation Area designations to the Pierce County Regional Council (PCRC). 1.1.1 The PCRC may refer the proposed designations to the Growth Management Coordinating Committee (GMCC), or its successor entity for technical advice and for a report. 1.1.2 The PCRC may conduct public meetings to review the proposed designation and, at such meetings, may accept oral or written comments and communications from the public. 1.1.3 At the conclusion of its review and analysis, the PCRC shall make a recommendation to the County and to the municipalities in the County. 1.2 Once adopted by the County, the urban growth area and Potential Annexation Area(s) designations shall not be changed except in Exhibit A to Ordinance No. 2014 -17s Page 10 of 15 Pierce County Courprih 930 Tacoma Ave S, Rm 1648— Tacoma, WA 98402 6 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DI .0 accordance with the Countywide Policy on "Amendments and Transition." 1.2.1 A jurisdiction shall not be required to modify existing urban growth area boundaries or Potential Annexation Areas in order to reduce the residential or employment capacity to conform to adopted growth targets reflecting VISION 2040's Regional Growth Strategy. Jurisdictions shall, however, consider the adopted growth targets when updating their local comprehensive plans. 1.2.2 Growth targets are the minimum number of residents, housing units, or jobs a given jurisdiction is planning to accommodate within the appropriate planning horizon and are to be developed through a collaborative countywide process that ensures all jurisdictions are accommodating a fair share of growth. These targets are informational tools integrated into local land use plans to assist in formulating future residential and employment land needs. UGA -2. The following specific factors and criteria shall dictate the size and boundaries of urban growth areas: 2.1 Size 2.1.1 Urban growth areas must be of sufficient size to accommodate the urban growth projected to occur over the succeeding 20 -year planning period taking into account the following: a. land with natural constraints, such as critical areas (environmentally - sensitive land); b. agricultural land to be preserved; c. greenbelts and open space; d. New Fully Contained Communities pursuant to RCW § 36.70A.350; e. maintaining a supply of developable land sufficient to allow market forces to operate and precluding the possibility of a land monopoly but no more than is absolutely essential to achieve the above purpose; f. existing projects with development potential at various stages of the approval or permitting process (i.e., the "pipeline "); g. land use patterns created by subdivisions, short plats or large lot divisions; h. build -out of existing development and areas which are currently only partially built out; i. follow existing parcel boundary lines. 2.1.2 The County, and each municipality in the County, shall cooperatively develop and propose objective standards and criteria Exhibit A to Ordinance No. 2014 -17s Page11 of 15 Pierce County Courpia 930 Tacoma Ave S, Rm l 4 Tacoma, WA 98402 7 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 to disaggregate the State Office of Financial Management's Countywide growth forecasts and VISION 2040 Regional Growth Strategy forecasts for the allocation of projected population to the County and municipalities, taking into account the availability and concurrency of public facilities and services with the impact of development, as well as the VISION 2040 Regional Growth Strategy. 2.1.3 The County shall use a consistent countywide targeting process for allocating population and employment growth consistent with the regional vision, including establishing: a. local employment targets, b. local housing targets based on population projections, and c. local housing and employment targets for each designated regional growth center. 2.2 Boundaries 2.2.1 The following shall be considered in determining the location of urban growth area boundaries: a. geographic, topographic, and manmade features; b. public facility and service availability, limits and extensions; c. jurisdictional boundaries including special improvement districts; d. location of designated natural resource lands and critical areas; e. avoidance of unserviceable islands of County land surrounded by other jurisdictional entities; f. destination 2030 urban /rural line and PSCAA burn ban line. Phasing of Development within the Urban Growth Area DI .0 2.3 The County and each municipality in the County shall seek to direct growth as follows: a. first to cities and towns, centers and urbanized areas with existing infrastructure capacity; b. second to areas that are already urbanized such that infrastructure improvements can be easily extended; and c. last to areas requiring major infrastructure improvements. 2.3.1 Capital facilities plans shall identify existing, planned, and future infrastructure needs within Urban Growth Areas. 2.3.2 The County and each municipality in the County should identify appropriate levels of service and concurrency standards that address schools, sewer, water, and parks. Exhibit A to Ordinance No. 2014 -17s Pierce County Courpb 930 Tacoma Ave S, Rm 104€ Tacoma, WA 98402 Page 12 of 15 8 of 194 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DI .0 2.3.3 The County and each municipality in the County shall identify appropriate levels of service and multimodal concurrency standards that address roads. 2.4 The urban growth area in unincorporated portions of the County shall be limited to the following: 2.4.1 build -out of existing partially developed areas with urban services; 2.4.2 new fully contained communities; 2.4.3 redevelopment corridors. 2.5 The County's urban growth area may be extended to allow for build -out of newly developed areas only if development capacity within Potential Annexation Areas and growth in the areas identified in Policy 2.4 is determined to be inadequate to meet total population and employment projections consistent with the other policies set forth herein. 2.6 Encourage efficient use of urban land by maximizing the development potential of existing urban lands, such as advancing development that achieves zoned density. 2.7 The urban growth area in existence prior to the adoption of VISION 2040 may contain capacity beyond that needed to accommodate the growth target per regional geography for the succeeding 20 -year planning period based upon existing zoning designations, allowed density, existing land division patterns, and similar factors. It is permissible for such areas to continue to be designated as urban growth areas. Expansion of these urban growth area boundaries is acknowledged to be inconsistent with the CPPs and strongly discouraged if the urban growth area expansion is not in accordance with policy AT -2.3. UGA -3, Potential annexation areas shall be designated through the Pierce County Comprehensive Plan in consultation with cities and towns. 3.1 A city or town shall first identify a Potential Annexation Area(s) within its respective Comprehensive Plan; 3.2 Potential Annexation Area boundaries shall be determined with consideration for the following additional factors; 3.2.1 the VISION 2040 document, including Multicounty Planning Policies; 3.2.2 the carrying capacity of the land considering natural resources, agricultural land and environmentally - sensitive lands; 3.2.3 population, housing, and employment projections; 3.2.4 financial capabilities and urban services capacities; Exhibit A to Ordinance No. 2014 -17s Page 13 of 15 Pierce County Courp 939 Tacoma Ave S, Rm 1 4 Tacoma, WA 98402 9 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3.2.5 consistency and compatibility with neighborhood, local and regional plans; 3.2.6 the existing land use and subdivision pattern; 3.2.7 property access and ownership. 3.3 Potential Annexation Areas should not overlap or leave unincorporated urban islands between cities and towns. 3.3.1 Future requests to establish a new Potential Annexation Area shall not result in an overlap with an existing Potential Annexation Area or create islands between cities and towns. 3.3.2 Cities and towns with existing Potential Annexation Area overlaps should work toward resolving the existing overlaps. 3.4 The urban service areas and satellite urban growth areas as designated through the Pierce County Comprehensive Plan as of June 30, 2013 shall be recognized as designated Potential Annexation Areas. 3.4.1 Urban service area designations approved by the Pierce County Council through its 2013 Comprehensive Plan Amendment Cycle shall be recognized as a Potential Annexation Area. 3.4.2 Boundaries of the Potential Annexation Areas should not split parcels. Efforts should be put forth to resolve split parcels prior to the initial designation of Potential Annexation Areas. Annexation within the Urban Growth Area DI.0 UGA -4. Pierce County, in conjunction with its cities and towns, shall establish a strategy for future annexations within the urban growth area. 4.1 Annexation is preferred over incorporation within the urban growth area, 4.2 The Potential Annexation Areas as identified in the Pierce County Comprehensive Plan shall be the foundation to an annexation strategy. 4.2.1 Cities and towns are allowed to annex territory only within their adopted Potential Annexation Area as identified in the Pierce County Comprehensive Plan. 4.2.2 Annexation of an area should be phased to coincide with a city or town's ability to coordinate the provision of a full range of urban services to the areas proposed for annexation. 4.3 The County and its cities and towns should proactively coordinate the annexation of unincorporated areas within the urban growth area that are within each respective city or town's Potential Annexation Area, Exhibit A to Ordinance No. 2014 -17s Page 14 of 15 Pierce County Courp 930 Tacoma Ave S, Rm 1046- Tacoma, WA 98402 0 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4.3.1 The County and each city and town should work towards the establishment of annexation plans and joint planning agreements, with an exception for lands associated with Joint Base Lewis McChord and Camp Murray. 4.3.1.1 A joint planning agreement is to serve as a mechanism where the County or a city can, prior to notice of annexation, identify potential objections and resolutions. 4.3.1.2 An annexation plan should identify a potential schedule for annexation of areas with a city or town. 4.3.2 The County should explore and implement financial incentives for a city or town to annex areas associated with its respective Potential Annexation Area. 4.3.2.1 Financial incentives may include the establishment of a County level grant fund to assist in financial challenges a city or town may have in annexing an area. 4.3.2.2 Financial incentives may include the elimination or reduction in a fee associated with a County service to a city or town in exchange for annexing an area. 4.3.3 The County, and cities and towns, should explore potential partnerships in grant funding opportunities to overcome obstacles associated with annexing specific areas. 4.3.4 Cities and towns should recognize the financial impacts experienced by the County when annexation only encompasses commercial or greenfield areas and avoids existing residential development. 4.3.4.1 Cities and towns are encouraged to include a mix of existing commercial, residential, and greenfield areas, where appropriate, in future annexation proposals. 4.4 The County should prioritize the adopted Potential Annexation Areas for annexation. 4.4.1 The County's highest priority should be Potential Annexation Areas representing unincorporated "islands" between cities and towns; and 4.4.2 The County shall support annexation for areas in which a joint planning agreement exists between the County and appropriate city or town. Note: The policy numbers /citations for all policies that follow will need to be changed. DI .0 Exhibit A to Ordinance No. 2014 -17s Page 15 of 15 Pierce County Courmih 930 Tacoma Ave S, Rm 1 4 Tacoma, WA 98402 of 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Exhibit 13 to Ordinance No. 2014 -17s INTERLOCAL AGREEMENT AMENDMENTS TO THE PIERCE COUNTY COUNTYWIDE PLANNING POLICIES This agreement is entered into by and among the cities and towns of Pierce County and Pierce County. This agreement is made pursuant to the provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. This agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action and evidenced by execution of the signature page of this agreement. BACKGROUND: A. The Pierce County Regional Council (PCRC) was created in 1992 by interlocal agreement among the cities and towns of Pierce County and Pierce County. The organization is charged with responsibilities including: Serving as a local link to the Puget Sound Regional Council, promoting intergovernmental cooperation, facilitating compliance with the coordination and consistency requirements of the Growth Management Act (Chapter 36.70A RCW) and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and developing a consensus among jurisdictions regarding the development and modification of the Countywide Planning Policies, B. The Pierce County Countywide Planning Policies provide for amendments to be adopted through amendment of the original interlocal agreement, or by a new interlocal agreement. The Pierce County Countywide Planning Policies may be amended upon the adoption of amendments by the Pierce County Council and ratification by 60 percent of the jurisdictions in Pierce County representing 75 percent of the total Pierce County population as designated by the State Office of Financial Management at the time of the proposed ratification. C. A demonstration of ratification shall be by execution of an interlocal agreement or the absence of a Legislative action to disapprove a proposed amendment. D. A jurisdiction shall be deemed as casting an affirmative vote if it has not taken legislative action to disapprove a proposed amendment within 180 days from the date the Pierce County Council formally authorizes the Pierce County Executive to enter into an interlocal agreement. E. The amendment incorporates new policies intended to provide a more coordinated annexation strategy for unincorporated urban areas adjacent to cities and towns. F. The Pierce County Regional Council recommended adoption of the proposed amendment on October 17, 2013. DI.0 Exhibit B to Ordinance No. 2014 -17s Page 1 of 3 Pierce County Couih 930 Tacoma Ava 0, Rm 045€" Tacoma, WA 98402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PURPOSE: This agreement is entered into by the cities and towns of Pierce County and Pierce County for the purpose of ratifying and approving the attached amendment to the Pierce County Countywide Planning Policies (Attachment). DURATION: This agreement shall become effective upon execution by 60 percent of the jurisdictions in Pierce County, representing 75 percent of the total Pierce County population as designated by the State Office of Financial Management at the time of the proposed ratification. This agreement will remain in effect until subsequently amended or repealed as provided by the Pierce County Countywide Planning Policies. SEVERABILITY: If any of the provisions of this agreement are held illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. FILING: A copy of this agreement shall be filed with the Secretary of State, Washington Department of Commerce, the Pierce County Auditor, and each city and town clerk. IN WITNESS WHEREOF, this agreement has been executed by each member jurisdiction as evidenced by the signature page affixed to this agreement. DI.0 Exhibit B to Ordinance No, 2014 -17s Page 2 of 3 Pierce County Courpi' 930 Tacoma Ave S, Rm i 4 Tacoma, WA 98402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 INTERLOCAL AGREEMENT AMENDMENTS TO THE PIERCE COUNTY COUNTYWIDE PLANNING POLICIES Signature Page The legislative body of the undersigned jurisdiction has authorized execution of the Interlocal Agreement, Amendments to the Pierce County Countywide Planning Policies. IN WITNESS WHEREOF This agreement has been executed by BY: DATE: DI.0 (Name of City/Town /County) (Mayor /Executive) Approved: BY: (Director /Manager /Chair of County Council) Approved as to Form: BY: Approved: (City Attorney /Prosecutor) BY: (Pierce County Executive) Exhibit B to Ordinance No. 2014 -17s Page 3 of 3 Pierce County Counplai�/�Q /It /�!�/1�4 of 194 930 Tacoma Ave 5 Rm 1646 `r/ Tacoma, WA 98402 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 DI.0 Exhibit C to Ordinance No. 2014 -17s FINDINGS OF FACT The Pierce County Council finds that: 1. The Pierce County Regional Council (PCRC) was created in 1992 by interlocal agreement among the cities and towns of Pierce County and Pierce County Government (the County), and charged with responsibilities, including: Serving as a local link to the Puget Sound Regional Council (PSRC), promoting intergovernmental cooperation, facilitating compliance with the coordination and consistency requirements of the Growth Management Act [GMA] (Chapter 36.70A RCW) and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and developing a consensus among jurisdictions regarding the development and modification of the Countywide Planning Policies. 2. The GMA required the County to adopt a countywide planning policy in cooperation with the cities and towns located within Pierce County. 3. The Countywide Planning Policies are to be used for establishing a countywide framework from which the comprehensive plans for Pierce County and the cities and towns within Pierce County are developed and adopted. 4. On June 30, 1992, the Pierce County Council passed Ordinance No. 92 -74 adopting the initial Pierce County Countywide Planning Policies. 5. The GMA requires the central Puget Sound region to adopt multi- county planning policies. 6. The PSRC membership is comprised of central Puget Sound counties (King, Pierce, Snohomish, and Kitsap), cities and towns, ports, tribes, and transit agencies. 7. The PSRC is the regional authority to adopt multi - county planning policies. 8. The PSRC adopted VISION 2040 at its May 2008 General Assembly meeting. 9. VISION 2040 is the central Puget Sound region's multi- county planning policies. 10. VISION 2040 "assumes that by 2040 all of the urban area will be within municipalities and the unincorporated urban growth area will be a thing of the past." 11. VISION 2040 "calls for joint city - county planning ... including establishing common standards for development review and permitting, as well as for services and infrastructure, to ensure that development is efficient and compatible with adjacent communities." 12. VISION 2040 contains a goal that envisions "all unincorporated lands within the urban growth area will either annex into existing cities or incorporate as new cities." 13. VISION 2040 policy MPP -DP -18 calls for the County to "affiliate all urban unincorporated lands appropriate for annexation with an adjacent city or identify those that may be more feasible for incorporation." Exhibit C to Ordinance No. 2014 -17s Page 1 of 3 Pierce County Coup 930 Tacoma Ave 9, Rm 1 4 Tacoma, WA 98402 5 of 194 1 2 14. VISION 2040 policy MPP -DP -19 states to "support joint planning between cities and 3 counties to work cooperatively in planning for urban unincorporated areas to ensure an 4 orderly transition to city governance ... " 5 6 15. VISION 2040 policy MPP -DP -20 states to "support the provision and coordination of 7 urban services to unincorporated urban areas by the adjacent city or, where 8 appropriate, by the county as an interim approach." 9 10 16. The PCRC directed the Growth Management Coordinating Committee (GMCC) to 11 recommend policies addressing annexation. 12 13 17. The GMCC recommended new policies intended to provide a more coordinated 14 annexation strategy for unincorporated urban areas adjacent to cities and towns. 15 16 18. The PCRC, based upon the recommendation from the GMCC, and its own 17 discussions, recommended approval of the proposal at its October 17, 2013 meeting. 18 19 19. The Pierce County Planning Commission recommended approval of the proposal at its 20 November 26, 2013 meeting. 21 22 20. The Pierce County Planning Commission recommendation to approve the proposal 23 was unanimous. 24 25 21. The Pierce County Environmental Official has determined the proposal is exempt from 26 SEPA per WAC 197 -11- 800(19). 27 28 22. The Pierce County Countywide Planning Policies include provisions addressing 29 procedures for amending the Countywide Planning Policies. 30 31 23. The Pierce County Countywide Planning Policies require amendments to the 32 Countywide Planning Policies to be adopted through an amendment of the original 33 Interlocal Agreement or by a new interlocal agreement. The amendment will become 34 effective when 60 percent of the cities, towns, and the County, representing 75 percent 35 of the total population as designated by the State Office of Financial Management at 36 the time of the proposed ratification become signatories to the agreement. 37 38 24. A demonstration of ratification shall be by execution of an interlocal agreement or the 39 absence of a legislative action to disapprove a proposed amendment. 40 41 25. A jurisdiction shall be deemed as casting an affirmative vote if it has not taken 42 legislative action to disapprove a proposed amendment within 180 days from the date 43 the Pierce County Council formally authorizes the Pierce County Executive to enter 44 into an interlocal agreement. 45 46 26. The Community Development Committee of the County Council, after a properly 47 noticed public hearing, considered oral and written testimony, and forwarded its 48 recommendation to the full Council. 49 50 27. The County Council held a public hearing on June 24, 2014, where oral and written 51 testimony was considered. 52 DI .0 Exhibit C to Ordinance No. 2014 -17s Page 2 of 3 Pierce County Courpli 930 Tacoma Ave 8, Rm ibb4 Tacoma, WA 98402 1 2 3 4 5 6 7 8 9 10 DI.0 28. It is in support of the amendment for providing consistency between the Pierce Countywide Planning Policies and VISION 2040. 29. A subsequent ordinance of the County Council shall be necessary to acknowledge the ratification process and amend Section 19D.240 PCC, "Pierce County Countywide Planning Policies ". 30. It is in the public interest to authorize the Pierce County Executive to execute the interlocal agreements. Exhibit C to Ordinance No. 2014 -17s Page 3 of 3 Pierce County Courpii 930 Tacoma Ave S, Rm 1 4 Tacoma, WA 98402 DI.E AuBuRN -ITY F WASH NG` o AGENDA BILL APPROVAL FORM Agenda Subject: Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) Representation Department: Public Works Attachments: Resolution Na 4015 Administrative Recommendation: Date: September 29, 2014 Budget Impact: $0 Background Summary: Resolution No. 4015, adopted on May 1, 2006, authorized the Public Works Committee to appoint a representative and an alternate to serve as the City of Auburn's representatives at the Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC). This resolution repealed Resolution No. 2971 (passed in 1998), which had authorized the City's Utility Engineer and the Sanitary Sewer Engineer to serve as the City of Auburn's MWPAAC representatives. Currently, Councilmember Bill Peloza is the designated MWPAAC representative and Sanitary Sewer Engineer Bob Elwell is the alternate. MWPAAC is a committee of the agencies that deliver wastewater to the King County sewer system for treatment, and MWPAAC serves as an advisor to King County for issues relating to wastewater treatment and conveyance. MWPAAC has also formed subcommittees to provide opportunities for member agencies to evaluate and provide recommendations on technical, financial, and policy information received from King County Wastewater Treatment Division that is important to the interests of the member agencies. The Chair of each Subcommittee is required by MWPAAC's bylaws to be formally appointed by their agency as a MWPAAC representative or alternate. The City of Auburn's Utilities Engineering Manager, Lisa Tobin, has served as the Chair of MWPAAC's Engineering and Planning (E &P) Subcommittee since January 2013 while with her former employer. MWPAAC's Executive Board has indicated that they would like for her to continue in this role for the duration of her term of office (through December 2014) and to be eligible to be elected to the Chair position at the elections to be held in January 2015. This would be a benefit to the City of Auburn for her to be able to continue this role. AUBURN * MORE THAN YOU IMAGINED Page 178 of 194 DI.E Given the recent Council discussions on the committee structure there are two options that the City has to enable Ms. Tobin to be named as an additional alternate representative and to continue to serve as Chair of the E &P Subcommittee, representing the interests of City of Auburn and other member agencies. Resolution 4015 (attached) can be replaced with a new resolution stating one of the following options: 1. To allow the Public Works Committee to appoint a representative and one or more alternate representatives. 2. To allow the Mayor to appoint a representative and one or more alternate representatives. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Tobin Meeting Date: October 6, 2014 Item Number: DI.E AUBURN * MORE THAN YOU IMAGINED Page 179 of 194 DI.E RESOLUTION NO. 4015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE PUBLIC WORKS COMMITTEE TO APPOINT THE CITY OF AUBURN REPRESENTATIVES TO THE KING COUNTY METROPOLITAN WATER POLLUTION ABATEMENT ADVISORY COMMITTEE WHEREAS, RCW 35.58.210 provides that each metropolitan municipal corporation authorized to perform water pollution abatement shall establish a Metropolitan Water Pollution Abatement Advisory Committee to be composed of representatives of each component city and county within such metropolitan municipal corporation; and WHEREAS, RCW 35.58.210 further provides that the legislative body of each component city and county shall appoint its member; and WHEREAS, the King County Department of Natural Resources, Wastewater Treatment Division, has established such a Water Pollution Advisory Committee; and WHEREAS, in 1998 the City Council appointed the City's Utility Engineer and Sanitary Sewer Engineer as its representatives to the Metropolitan Water Pollution Control Committee by means of Resolution No. 2971; and WHEREAS, the City Council wishes to allow for greater flexibility in the appointment process than is possible through action of the full Council; and WHEREAS, the City Council finds it to be in the best interest of the City to be represented on King County's Advisory Committee by means of a representative and an alternate representative; and Resolution No. 4015 April 12, 2006 Page 1 of 2 Page 180 of 194 DI.E WHEREAS, the City Council finds that the City Council's Public Works Committee is best situated to act as the Council's delegate in this matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council's Public Works Committee is hereby authorized to appoint the City of Auburn's representative and alternate representative to the King County Metropolitan Water Pollution Abatement Advisory Committee, and their successors, repealing Resolution No. 2971 to the extent that it is inconsistent with this Resolution. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. r � Dated and Signed this / s' day of a , 2006. ATTEST: \�vvw'y Danielle E. Daskam, City Clerk Resolution No. 4015 April 12, 2006 Page 2 of 2 P ER B. LEWIS MAYOR aniel B. Hei• , City Attorney Page 181 of 194 AuBuRN ITY Cdr • \VASH E NGTo AGENDA BILL APPROVAL FORM DI.G Agenda Subject: Capital Project Status Report Department: Public Works Attachments: Capital Project Status Report Administrative Recommendation: Background Summary: Date: October 1, 2014 Budget Impact: $0 Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Sweeting Meeting Date: October 6, 2014 Item Number: DI.G AUBURN * MORE THAN YOU IMAGINED Page 182 of 194 CAPITAL PROJECT STATUS REPORT Date: October 1, 2014 ao ;yea .uo� 'al lal ` r C o Z F K a K woo > Ul ) 0> lue ;insuoo u�isa4 a z o v u .r 1- a z 3 ate+ v) Final pay in process. is underway. Finish date extended to allow additional time to address punchlist items and documentation requirements. Project budget Punchlist work underway. Finish date adjusted to account for time to complete the punchlist. Work is underway. Project budget updated to reflect pending Change Order No. 4 and previous change orders completed using the authorized contingency. Project is in suspension until December 2014 for procurement of signal equipment. Project Manager to C o C a, N L.-) 3 Y `0 -a C > to hO C - C O L' Construction c t LL p 7 c-I eLo V rl o Z V - o Z 7 c-I N Q 0 7 c-I N 0 a ;aiduaop o o 0 m 0 rn 0 o N 0 N to a) ° O N Vs Q ° M N bO Q al O > O Z N N Q to • N o 2 • N C a;aiduaop o 0 0 0 0 0 0 0 0 0 Total Estimated Costs 1,840,847 000 CV O 00 3,168,295 N 00 ° m M Project Budget ($) Total Budget 1,840,847 N 00 W O 00 3,526,255 Cr N cr N 0 CO 00 M U O y M ,_ y O O d N d N d N O N c-I r ,-.1 Cr, l M 7 7 M c-I 7 In 7 O c O (7 O O - c-I N LJ- Street, Utilities --- 7 --- l 0 O y 7 N 01 E 0 v OM Ls-) V c^-1 V al CO N N M ^ T ^ N W T W h. "° m v p T In N E V lf1 .--• N j N f0 M T .-. .-. O ,n W N W e °�° "° o0 ^ V, m m 0o I.ni CO .--. O O) co' v N `. Location/Description This project will complete storm, sewer, water and street improvements related to the Port of Seattle mitigation agreement on D Street NE. SCADA system to meet Public Works goals. Budget and costs reflect technology contract and design /construction engineering. This project will update /replace the existing pump station in the Academy water service area in order to meet fire flow demands. SCADA System Improvement - Physical This project will complete security site improvements at various utility locations throughout the City. Budget and cost numbers reflect construction contract and contingency amounts only. This project will provide safety improvements at the intersection of 8th Street SE and 104th Avenue SE, including signal modifications and sight distance improvements. z° o LOZTdD VIZSJ 6060dD HbZSJ VOTTdD 0 Z c-I N M 7 lf1 DI.G oo no 0 o_ Page 183 of 194 CAPITAL PROJECT STATUS REPORT Date: October 1, 2014 aopea;uop Y -o o N a re C 0 � .Y d W a, •_ o o o luelinsuoj aisad a z o 0 '-0 o z o a o O V a z a z 3 v, T 0 3 v c C c Y O Precon scheduled for October 7th. Change in Project Managers. Precon held on September 26th. Work is anticipated to begin on November 3rd, 2014. Project to be placed into suspension for material procurement. Precon held on September 30th. Notice to Proceed issued for October 6th. Project Manager O co Tc t u N co m , co V Construction c LL 0 c�-I 0 ,-, Ls-, g --I 0 t�-I Z a ;aiduaop o 0 N 0 0 0 0 0 0 0.0 '6 . Q Ch -1 C c�-I J Q c�-I J Q cCl- -I N to apidwoj o 0 0 0 0 0 0 0 0 0 0 0 Total Estimated Costs o o L-, N- a O a m L-, o M 324,267 m LO 0 m Project Budget ($) Total Budget O O L-, N- • O 7 L-, 0 Ln M 324,267 O O 0 0 0 c-I W L O L-, m N ~ L-, l0 C N 2 N co N M M Street, Utilities O N o; L-, ` 7 0, ^ N O 3 N H O N 0;n O T-I ` Location/Description C 4 w IL, w = O VWf V, i7+ v, c g Q }+ j o E E C C 9 t L T E U U E W N- j f0 U) N L O to H i N 3 in 0 c > v c c- C .v. rco 2 g 2 z E O . — O ' Q' 2 'v •'o_ E E V, N o O N rc N N a N V c c _O- r`o E a . = o y E 0 4 0 0o ,s o v U C J to C 3 N U.E Q .0 c N a y 'O c a N 0 7, 0 0 a v s -o - v w E .+ > U N -O to �,O • H io .E 3 to, in in This project will repair and modify existing sanitary sewer pump station facilities located at: F St SE, R St NE, 22nd St NE, Rainer Ridge, Valley Meadows, 8th St NE, Area 19, North taps, Peasley Ridge, Riverside, and Terrace View to address access, corrosion resistance, site security and new generators where needed. This project includes procuring and installing traffic signal equipment upgrades for existing signals. This project will provide cracksealing along 9.5 miles of arterial and collector streets within the City. z° L VZOTdD BOZTdD ZZ£TdD OTbTd3 O z Lo n co cn DI.G Page 184 of 194 CAPITAL PROJECT STATUS REPORT Date: October 1, 2014 ao ;yea ;uop lue ;insuoo u8isaa Y o v Or! N v ° o Q Oz v 3 o To CO V Bids opened on September 2nd and were significantly higher than anticipated. Staff has prepared a recommendation to reject all bids and re- advertise the project in the Spring of 2015. Award in process. Project is advertising for construction bids. Contract documents being finalized. Advertise and finish dates adjusted to account for time needed for final building permit and administrative use permit comments. Consultant design work underway. Advertise and finish dates adjusted to account for additional design work based on geotechnical findings. Final design underway. BNSF permitting in process. Advertisement date adjusted to reflect additional time needed for BNSF permitting. Project Manager to C 0 if to c 0 if E " U_ Y 10 -a O E O " U_ to C N 3 Construction v N 4,, LL ° 0 1— ti Q cI N a N > a ;aiduaop c a) t0 ° -o N Q ° 0 m 1— a H O_ in a O_ vvi cr 0 Z N u ° c N Z a ;aiduaop o 0 0 0 0 0 0 rn 0 90 0 rn Total Estimated Costs 0 01 N N oo N o O O O l0 c- m m c-I L.!1 N c- 2,400,000 ti 0 n H N 384,450 Project Budget ($) Total Budget 01 l00 n 0 N O 0 O l0 N 01 oft O m N 2,476,568 H O `~ N 384,450 W 0 b0 ,--. a, w 7 O O v Street, Utilities Obi l0 E n y0 N ._. O OO O , .--. O ,--. O y 00 N 00 m O v 0 m ._. O� E 0 `. 1,303,519 (Water) lk0 ,--. v1 Y r, n, N 0 .--. O •--- c-I OO y 00 N O n, 6 N 01 N 7 .__. 7 E 0 .__. 00 ^ al. ^ ._. Location/Description This project will replace the 30 -inch storm drainage line along 30th Street NE from the north end of the Airport to the Brannon Park Storm Pump Station to address localized flooding issues. of the BNSF right -of -way that will be affected by the 3rd rail line that BNSF /Sound Transit plan to building in 2015. The project will also replace a This project will construct a new building to house a standby generator and disinfection equipment. This project will rehabilitate Well 1 so that it can function at full capacity and complete modifications to the Howard Road Corrosion Control Facility. This project will construct a new detention and treatment system for drainage at the M &O Facility and expand This project will complete improvements to the rail crossing at 37th Street NW and B Street NW to address safety concerns. o- z° ZZTTdD 80£TdD VZTS3 ST60dD OZ£TdD £Td b0O d z O H H H N H m H • H V1 r1 DI.G oo 0 m Page 185 of 194 CAPITAL PROJECT STATUS REPORT Date: October 1, 2014 ao ;yea ;uop lue1.1nsuoD apaa a z 06 "C `o 2 n O ¢ z 2 N = V o - Design work is underway. Consultant design work underway. Coordination with communications companies underway. Design is underway. Budget numbers adjusted to reflect most recent information available. T CO 0 L T v v C v C C o ',.7, a., y C 6 i N Project Manager Y ro v C 0 J co m to C a) N , Construction LL ci ti 3, ti O ti z N 0 a ;aiduao3 C no a) aa) N Q D a ,-1 6 0 a ti U 0 Ln ti 3 - N apidwoj o a, al 0 0 T 0 0 N • N a) Total Estimated Costs O O 1,. 7 c-1 O • • 00 Cr, 00 N Ln c-1 O LA M Oi N or) c-1 c-1 0 c0 c-1 7 c-1 Project Budget ($) Total Budget O O N Ln N 00 L!, 7 00 00 o0 N L!, c-1 O or) M ,-1^ M N c-1 L!, LO 0 N L!, c-1 W 5 O z ,° co .v, O CO O Z °v,o von Street, Utilities 0 O l0 N M ---, M Y N C O 0 a) > M, O N O N O pt N el Q J N ---, G1 ,--• co N 0 Y N O a, p CO N `. r, ,__. Location/Description complete pavement patching and overlay treatments on arterial, collector and local roadways for the purpose of pavement preservation through the City. This project will provide various improvements at the reservoir, including painting, seismic upgrades, and facility modifications. This project will construct storm drainage improvements on Hi -Crest Drive NW. The City is also designing and constructing the relocation of a Lakehaven Utility District (LUD) Watermain that is in conflict with the storm improvements, at LUD's expense. Auburn Wav South Pedestrian This project will construct new sidewalks, street lighting system, landscaped median island, a designated mid -block crosswalk, relocation of existing utility poles, and a u -turn at Fir Street. This project also includes a public education element for pedestrian safety. This project is planned to be constructed concurrent with project CP1119. o- z° ZObTdD S9LOdD 6OTTdD BTTTdD d z LD - 1- - co - of - DI.G oo 0 Page 186 of 194 CAPITAL PROJECT STATUS REPORT Date: October 1, 2014 ao ;yea ;uop lue1.1nsuoD u$ISad = N x V a z v 0_ v 4 o 0 c7 Q 3 i-, iS IA Final design and right -of -way acquisition underway. Design is underway. Design is underway. Working on an agreement with Kent for S 277th St transfer of right -of -way to Auburn. Consultant design work is underway. Project Manager h0 C U) vN i L' N E N V Y N -0 c a co L i Construction t N LL ti ti ti 0 a;aiduaoj no a) v m -1 C - coo - I z a ;aIduaoD o N G1 0 l0 l0 0 00 M 0 V1 00 Total Estimated Costs M 0 I� 7 OM M 1,208,722 V1 o0 oo 00 c-I Eg N N N M U) m rc O ro Ms0s V1 0_ . 0_ Project Budget ($) Total Budget V1 O O I� c-1 V1 M 1,233,574 V1 o0 o0 01 0 M 00 0 0 0 0 L/1 I� c-1 c U O c-1 _ V1 m t0 H 7 ~ M N 00 O O Q O O N D - p O 0LLM (t c-I "-' N 0 ci-s. _ m ~ Street, Utilities 0) O ,--• co, ,--• O U1 v1 ) O ) 00 M ,--• ) 3 n ,--. aU1+ M V1 ,--• N Gl 0 - O Y 0 co Location/Description and Hemlock Streets from 3 lanes to 5 lanes and includes new sidewalks, street lighting system, bus pull -outs, and improvement of the Hemlock St. This project will repair or replace asbestos cement water lines along AWN, 49th and B St NW and at the M &O /Parks Maintenance area. This project will complete the widening of S 277th from the intersection of Auburn Way North to L Street NE, including the construction of a This project will be done in phases. The first phase 1A will complete investigation of the Fulmer Wellfield area to determine the required analysis and drilling program needed to utilize the full water rights. Phase 1B will complete a drilling and testing program as well as an alternatives analysis. Phase 2 will complete the physical improvements. z° L 6TTTdD 6TZTdD VZZZ3 LOTTO d z O N c-I N N N M N DI.G oo 0 Page 187 of 194 CAPITAL PROJECT STATUS REPORT Date: October 1, 2014 ao ;yea.uop uelinsuoo l2 aisaa E = N = o a Y a Z a Z v T c 3 3 v_ 2 V m a Z i+ v) Design is underway. Design is underway. Design is underway. Design is underway. New project added to the CPS. Design is underway. New project added to the CPS. Design is underway. New project added to the CPS. Project Manager CO L' - O 0 y .2 Wickstrom 22 m y E t u N O u ?> Construction t N 'C N LL D l0 c-I U D v1 c-I U ) v1 c-I bO Q v1 N G In v1 N u 0 Q N u 0 a ;aiduaop to a, ° v m ¢ ° ti 2 ti 2 ti T 2 N ¢ N —16i c N } 0 a ;aiduaop o N 0 M 0 °M 0 0 N 0 al Total Estimated Costs N I- Lf1 l0 N O O M 0 0 N 333,000 O O O �v Q 585,000 137,000 Project Budget ($) Total Budget N I- vi l00 N 0 0 O W 00 N 333,000 0 0 O vp1 Q 585,000 137,000 c U 00 .--. O M U) M U) C.1 .LL. Street, Utilities l�0 v O y vcVi ` ° ro os. N ` l0 0 0 0- 0- O E°'6° N O O °M° ° ° ro ° 3 l0 N O l0 In c-I .__. .__. M ._. 0 O W of ` v 0 O ! of o v1 v 0 O I� o CO v N Location/Description This project will construct improvements to the intersection of AWS and Riverwalk Drive and complete minor widening and add additional capacity from the MIT Plaza signal to the Dogwood signal. This project will construct conveyance improvements on 17th Street SE from A Street SE to K Street SE and increase the capacity of the existing detention pond located on A Street SE. The project will also replace sewer and water facilities adjacent to the storm drain line. This project will replace and /or repair aging and damaged storm lines throughout the City. This project will reconstruct the exisitng signals at C Street SW and Main Street and at Main Street and Auburn Ave. This project will complete improvements to the East Ridge Manor storm system in the Lea Hill area. This project will mitigate flooding issues at 307 Oravetz Place SE. ° a z 8TZTD ZOZTD ZT£dD 90bTdD 9T£TdD 601710 0 o z a N N N N 00 N m N DI.G oo 0 Page 188 of 194 CAPITAL PROJECT STATUS REPORT Date: October 1, 2014 ao ;yea ;uop lu nsuop U�Isaa Construction a;a uao� a;a uao� Total Estimated 0 0 Project Budget ($) 0/ L 5 Location/Description O O • z d z E m O 0. 0 DI.G v 00 0 0 U Work is underway. For status see CP1402. 0/ V Carter Ti- ,-1 U 0 0 a a ti 0) 0 0 ti o an m 00 o c‘i 176,083 3,046,033 3,046,033 w w m os a N 00 c-I 00 0 N N 176,083 2,474,245 2,474,245 53,834,133 O j 0 v ul N This project will complete the reconstruction of the following local roadways: K St NE - East Main to 4th St NE H St SE & 19th St SE - 21ST St SE to 17th St SE 24th St SE - M St SE to R St SE CP1402, 2014 Citywide Pavement Patching and Overlays. 2014 5O5 Program Totals 2014 TOTAL 5O5 PROGRAM CPS TOTAL £Z£TdD 0 co oo 0 Page 189 of 194 OTHER PROJECTS - ACTION BY OTHER COMMITTEE Date: October 1, 2014 i 0 N W 0 aopea;uop ;ue;1nsuop u2lsaa N 3 16 W fa bA fa to C V) (A 16 2 s w N - c 16 LL alaiduaop ns Q 0 alaiduaop C 0 U Gp d C ai c (0 (0 CO Century West Work is underway. Work is underway. C N N C U N 0 0 z 0 Ol 7 0 0 0 Total Estimated Costs o o o ui io N -1 m N io io N l0 o, n to . v O1 . Location /Description This project will complete new levee improvements on the Fenster Levee along the Green River. Asphalt and crack repair, application of a slurry seal, and striping at the Auburn Municipal Airport. TOTAL OTHER PROJECTS ° 0 9TOTdD VZ£TdD c z ¢ m DI.G 00 0 0 00 N GO f0 d Page 190 of 194 DI.H AuBuRN ITY CAF � \VASHENG`Or, Agenda Subject: Significant Infrastructure Projects by Others Department: Public Works AGENDA BILL APPROVAL FORM Attachments: Report Administrative Recommendation: Background Summary: Date: October 1, 2014 Budget Impact: $0 Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Gaub Meeting Date: October 6, 2014 Item Number: DI.H AUBURN * MORE THAN YOU IMAGINED Page 191 of 194 SIGNIFICANT INFRASTRUCTURE PROJECTS BY OTHERS - PUBLIC WORKS STATUS REPORT Date: October 1, 2014 DI Status Work on this is nearing completion, the pedestrian pathway is complete and open for public recreational use. Phase 2 construction which includes the partial demolition of the old building, additional utility work, some remodeling, and improvements on 4th Street NE is underway and on schedule. Work is underway. Contractor has completed the roadway widening and utility work. Remaining work includes some paving to complete re- channelization work, landscaping, and fence installation. Som eof the remaining work is weather dependant. Work is underway but is weather dependant. Only restoration work remains to be completed but is weather dependant. Only restoration work remains to be completed but is weather dependant. Work is underway. Anticipated Completion Date Per Applicant Nov. 2014 In 5 (.1 N E E 7 co Spring 2015 Spring 2015 Oct. 2014 Oct. 2014 Spring 2015 Permit(s) Issued a) a) a) a) a) a) a) Length w a)_ 0) O a) c a a) — E O O ' m > Q Z 0 3,800 Feet 400 Feet Unknown 1000 Feet a) O O Location /Description This project will replace the Reddington Levee from approximately 26th St NE to 43rd Street NE. This project will include roadway and utility improvements to support the new Auburn High School. Improvements include modifications to Storm, Water and Sanitary Sewer mainlines and roadway improvements on Main Street and 4th Street NE. This project will complete half street roadway improvements on 124th Ave SE from SE 304th St. north to approximately SE 290th St. for the 3rd phase of the Verdana (Bridges) Plat development that is in Kent. This project will complete half street roadway improvements on S 300th Street from 58th Place S. to approximately 62nd Ave. S for the Westridge Plat development on the west hill. This project will replace bare steel gas lines found during the relocation efforts associated with the City's AWS and M Street Intersection improvements. This project will replace steel gas lines. This project will complete half street roadway improvements to support the Hazel Heights development. Improvements include new street lighting and widening of 112th to include a turn lane and sidewalks. Sponsor/ Applicant King County Flood Control District T.) Y i N c 0 c O < O t 0 CO Yarrow Bay Development PNW Holdings LLC. Puget Sound Energy Puget Sound Energy Alpine View LLC 6 H z c-1 N cY) d- L.n l0 n 0 "E) c O to to c c t a, U c E O toc c LA" c C 0.1 E a1 a1 Ga U 0 N C 0 to L) E c to U c Ga .N to a1 to > _c Y y c a1 t v, cu c N O +' _c to DI.I AuBuRN ITY Cdr • \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Action Tracking Matrix October 1, 2014 Department: Attachments: Budget Impact: Public Works Matrix $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Gaub Meeting Date: October 6, 2014 Item Number: DI.I AUBURN * MORE THAN YOU IMAGINED Page 193 of 194 x ca 2 al) c 0 c6 L c 0 0 Q a) a) a--J a--J E E 0 U 0 U m d Status Ongoing - Quarterly updates Consultant to complete analysis Consultant to complete analysis. Annual Traffic Impact Fee Update will be presented to PWC to review and approval. Review SR -164 Corridor Plan. Restoration of shoulder planning underway. Long term solution will be incorporated into future roadway widening. Estimated Completion Date Z Cr 0 .\I N c-I Cr 0 .\I N c-I Cr 0 .\I N c-I Cr 0 m c-I c-I 0 CO Next PWC Review Date 10/20/2014 Cr O 0 O IN O Cr O 0 NJ O O 11/17/2014 0 NJ \ c-I 0 CO Staff Lead Sweeting Gaub/ Fenhaus CO V L 03 CL L CO CL CO V Item Description Track completed project on the Current Year Active Capital Improvement Projects Map System Development Charges Cost of Service Analysis Transportation Impact Fee Structure Analyses Auburn Way South SR -164 Corridor Plan Review Lea Hill Road Repair C z a co U a W U Page 194 of 194 Updated: 10/1/2014 1:05 PM