HomeMy WebLinkAbout07-18-2016 CITY COUNCIL AGENDA PACKETCity Council Meeting
July 18, 2016 - 7:00 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing is scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the July 5, 2016 City Council Meeting*
B. Claims Vouchers (Coleman)
Claims voucher numbers 439399 through 439788 in the amount of
$4,507,087.88 and three wire transfers in the amount of $680,200.36 and dated
July 18, 2016.
Page 1 of 85
C. Payroll Vouchers (Coleman)
Payroll check numbers 536564 through 536602 in the amount of $568,265.72
and electronic deposit transmissions in the amount of $1,496,382.90 for a grand
total of $2,064,648.62 for the period covering June 30, 2016 to July 18, 2016.
D. Public Works Project No. CP1415, Contract No. 16-12* (Snyder)
City Council award Contract No. 16-12, to Tucci & Sons, Inc. on their low bid of
$3,173,266.50 for Project No. CP1415, West Main Street Multi-Modal Corridor
and ITS Improvements
E. Public Works Project No. CP1518, Contract 15-19* (Hinman)
City Council award Contract No. 15-19 to Rod McConkey Construction on their
low bid of $302,900.00 plus Washington State sales tax of $28,775.50 for a total
contract price of $331,675.50 for Project No. CP1518 Auburn City Hall Council
Chambers Remodel
F. Public Works Project No. CP1501* (Snyder)
City Council grant permission to advertise for bids for Project No. CP1501,
Traffic Signal Safety Improvements
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. RESOLUTIONS
A. Resolution No. 5239* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, setting a
Public Hearing to consider a Franchise Agreement with City of Enumclaw
Natural Gas
(RECOMMENDED ACTION: City Council adopt Resolution No. 5239.)
B. Resolution No. 5244* (Coleman)
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 King
County to educate and assist Auburn businesses to reduce food waste
(RECOMMENDED ACTION: City Council adopt Resolution No. 5244.)
XI. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XII. ADJOURNMENT
Page 2 of 85
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 3 of 85
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 5, 2016 City Council Meeting
Date:
July 12, 2016
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:July 18, 2016 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 85
City Council Meeting
July 5, 2016 - 7:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council
Chambers at Auburn City Hall, 25 West Main Street in Auburn. Mayor
Backus led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel, and
Rich Wagner.
Department Directors and staff members present included: Parks, Arts and
Recreation Director Daryl Faber, Innovation and Technology Director Paul
Haugan, Director of Administration Dana Hinman, City Attorney Daniel
B. Heid; Community Development and Public Works Director Kevin Snyder,
Environmental Planner Jenna Leonard, Assistant Director of Engineering
Services/City Engineer Ingrid Gaub, Assistant Police Chief William Pierson,
Finance Director Shelley Coleman, and City Clerk Danielle Daskam.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
There was no announcement, proclamation or presentation.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
There was no change to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in on
the form provided.
Robert Whale of The Auburn Reporter
Mr. Whale is a reporter for The Auburn Reporter. He inquired regarding the
Police Department's daily activity report that he uses for the paper's
police blotter. Mr. Whale stated it appears some cases may be omitted from
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CA.A Page 5 of 85
the report. Assistant Police Chief Pierson offered to review the report with
Mr. Whale to determine any discrepancy in the report.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendations to the City Council, if any.
Councilmember DaCorsi reported on behalf of the Finance ad hoc committee that
reviews claims and payroll vouchers. Councilmember DaCorsi reported he and
Councilmember Baggett reviewed the claims and payroll vouchers as presented
and described on this evening's agenda and recommend their approval by
Council.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the June 20, 2016 City Council Meeting
B. Claims Vouchers (Coleman)
Claims voucher numbers 439208 through 439398 in the amount of
$2,052,208.79 and four wire transfers in the amount of $167,533.20 and
dated June 5, 2016.
C. Payroll Vouchers (Coleman)
Payroll check numbers 536524 through 536563 in the amount of
$701,851.70 and electronic deposit transmissions in the amount of
$1,444,884.89 for a grand total of $2,146,736.59 for the period covering June
16, 2016 to June 29, 2016.
D. Public Works Project No. CP1507 (Snyder)
City Council reject all bids for Contract No. 16-10 for Project No. CP1507,
Auburn Way North Preservation.
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded to
approve the Consent Agenda.
The Consent Agenda includes minutes, claims and payroll vouchers, and a
request to reject all bids for Public Works Project No. CP1507.
In response to questions from Councilmembers regarding the request to
reject all bids for Project No. CP1507, Auburn Way North Preservation,
Assistant Director of Engineering Services/City Engineer Gaub stated the two
bids received were significantly higher than the engineer's estimate and
exceed available funds for the project. Assistant Director/City Engineer
Gaub stated staff recommends rejecting the bids. The project will be re-
evaluated for potential cost reduction opportunities and repackaged and re-
advertised at a later date. Since the project is federally funded, staff will
need to consult with the State on whether the scope of the project can be
changed. The project may be delayed until next year to take advantage of
an earlier construction window and more favorable bidding.
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CA.A Page 6 of 85
Councilmember DaCorsi spoke in favor of rejecting all bids and re-scoping
the project and re-advertising at a more appropriate time.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
A. Ordinance No. 6607 (Lee)
An Ordinance of the City Council of the City of Auburn, Washington, creating
a new Chapter 10.10 of the Auburn City Code establishing a traffic safety
school to promote traffic safety within the City of Auburn
Deputy Mayor Wales moved and Councilmember Baggett seconded to adopt
Ordinance No. 6607.
Ordinance No. 6607 creates a new Traffic Safety School for Auburn.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6608 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6533, the 2015-2016 Biennial Budget Ordinance,
as amended by Ordinance No. 6558, Ordinance No. 6563, Ordinance
No. 6570, Ordinance No. 6571, Ordinance No. 6580, and Ordinance No.
6592, authorizing amendment to the City of Auburn 2015-2016 Budget as set
forth in Schedule "A" and Schedule "B"
Deputy Mayor Wales moved and Councilmember DaCorsi seconded to adopt
Ordinance No. 6608.
Ordinance No. 6608 was reviewed at the last Council Study Session.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. RESOLUTIONS
A. Resolution No. 5238 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington approving
a logo for the Auburn Municipal Airport
Deputy Mayor Wales moved and Councilmember Holman seconded to
approve Resolution No. 5238
Resolution No. 5238 approves a new logo for the Auburn Municipal Airport.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5240 (Heid)
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CA.A Page 7 of 85
A Resolution of the City Council of the City of Auburn, Washington,
amending the City Council Rules of Procedure as adopted by Ordinance No.
5802 and amended by Resolution Numbers 4282, 4429, 4467, 4615, 4686,
4740, 4813, 4909, 5105, 5112, 5115 and 5217
Deputy Mayor Wales moved and Councilmember Peloza seconded to adopt
Resolution No. 5240.
Resolution No. 5240 was reviewed at the last Council Study Session and
clarifies the method for canceling or rescheduling a Council meeting.
MOTION CARRIED UNANIMOUSLY. 7-0
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
Deputy Mayor Wales reported on her attendance at the National League of
Cities Summer Conference and committee meetings on public safety and
crime prevention where members discussed human services issues and
other issues of concern shared by Auburn. Deputy Mayor Wales
reported many of the programs discussed at the conference are already
being offered in the city of Auburn.
Councilmember DaCorsi reported on his attendance at the National League
of Cities (NLC) Summer Conference. While at the NLC Conference,
Councilmember DaCorsi attended the Transportation Infrastructure Services
Committee meetings including a panel discussion of racial equity in
transportation policies. Councilmember DaCorsi also attended a briefing on
Ride KC, an Uber-like transportation system that is a collaboration of the
Kansas City Area Transportation Authority, the urban technology company,
Bridj, and the Ford Motor Company. The Committee also discussed a
potential rail safety and oil train policy.
Councilmember Holman read aloud a thank you letter from Alejandra de la
Rosa, a recipient of a Juan Huseby Memorial Scholarship Fund
scholarship. Councilmember Holman also noted July 2, 2016 marked
the 52nd anniversary of the Civil Rights Act 1964.
Councilmember Wagner reported on his attendance at the Lower White River
Biodiversity meeting sponsored by the Pierce County Surface Water
Department to discuss environmental effects on the White River; the
Transportation Policy Board Caucus; and the dedication of the new
community center and teen center.
Councilmember Peloza reported on his attendance at the National League of
Cities Board of Directors meeting and NLC Environmental, Energy and
Natural Resources Committee meetings. The Environmental, Energy and
Natural Resources Committee held a lengthy discussion on SolSmart;
SolSmart offers cities technical assistance to improve access and
affordability of local solar projects. Councilmember Peloza also spoke about
the history and accomplishments of the NLC.
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CA.A Page 8 of 85
Councilmember Baggett reported on his attendance at a Troop 401 Boy
Scout Court of Honor ceremony at Game Farm Wilderness Park where
Scouts Dalton Bair and Dylan Winter received Scouting's highest honor,
Eagle Scout. Councilmember Holman presented each with the
Mayor's proclamation, and Councilmember Baggett presented each with a
commemorative coin in recognition of their community service.
Councilmember Trout-Manuel reported on her attendance at the Neely
Mansion's 1930 Japanese-American bathhouse exhibit. Councilmember
Trout-Manuel also reported on her attendance at the 4th of July Festival at
Les Gove Park and complimented Parks, Arts and Recreation Director Faber
and his staff on a successful event.
B. From the Mayor
Mayor Backus reported on the dedication and grand opening of the
new Community and Event Center and The REC Teen Center at Les Gove
Park. Mayor Backus was also the keynote speaker for the South King
Council on Human Services meeting. Mayor Backus also reported on
the community picnic at Sunset Park and a meeting of the Seattle Regional
Partnership whose purpose is to identify and create middle-income jobs in
King County. Mayor Backus commended all those who worked on the 4th of
July and complimented Parks, Arts and Recreation Director Faber and his
staff for a wonderful 4th of July Festival.
XIII. ADJOURNMENT
There being no further business before the Council, the meeting adjourned at 7:43
p.m.
APPROVED this ____ day of ________________, 2016.
___________________________________ ______________________________
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
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CA.A Page 9 of 85
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
July 12, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve claims vouchers.
Background Summary:
Claims voucher numbers 439399 through 439788 in the amount of $4,507,087.88
and three wire transfers in the amount of $680,200.36 and dated July 18, 2016.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:July 18, 2016 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 10 of 85
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
July 12, 2016
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 536564 through 536602 in the amount of $568,265.72
and electronic deposit transmissions in the amount of $1,496,382.90 for a grand total
of $2,064,648.62 for the period covering June 30, 2016 to July 18, 2016.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:July 18, 2016 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 11 of 85
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1415, Contract No. 16-12
Date:
July 11, 2016
Department:
CD & PW/Eng Svcs
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 16-12, to Tucci & Sons, Inc. on their low of
$3,173,266.50 for Project No. CP1415, West Main Street Multi-Modal Corridor and
ITS Improvements.
Background Summary:
The City received eight (8) responsive bids and the low bid was approximately 5%
below the engineer’s estimate. Staff has performed reference checks and other
verifications to determine that Tucci & Sons, Inc. meets the responsible bidding
criteria and recommends award.
This project will repurpose the existing West Main St. corridor and construct Intelligent
Transportation System (ITS) improvements. Roadway improvements include
converting the existing four-lane West Main St. roadway section to a three-lane
section including center two-way left turn lane with new bike lanes, new sidewalks,
and new LED street lighting improvements between West Valley Highway and the
Interurban Trail. ITS Improvements include interconnecting and coordinating traffic
signals from C St. NW along West Main St. to West Valley Highway (WVH), south to
15th St. SW including two interchanges with SR-18 and one with SR-167.
Construction of this project is anticipated to start in August 2016 and be complete by
March 2017.
A project budget contingency of $428,726.00 remains in the 102 Arterial Street Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
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Meeting Date:July 18, 2016 Item Number:CA.D
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Project No: CP1415 Project Title:
Project Manager: Kim Truong
Date: 7/11/2016
2015 Mid Biennial Adjustment
Initiation Date: __12/23/14_______ Permision to Advertise
Advertisement Date: __6/10/16______ Contract Award
Award Date: ___________ Change Order Approval
Budget Update
Funding 2014 (actual)2015 (actual) 2016 2017 Total
105 Fund - Street Preservation 314,510 314,510
102 Fund - Traffic Impact Fees 4,538 32,408 359,650 396,595
102 Fund - Arterial Street 113,818 113,818
102 Fund - Federal Grant 179,025 3,590,990 3,770,015
Total 4,538 211,432 4,378,968 0 4,594,938
Activity 2014 (actual)2015 (actual) 2016 2017 Total
Design Engineering - City Costs 4,120 38,773 78,826 121,718
Design Engineering - Consultant Costs 172,509 402,982 575,491
Other/Misc.418 418
Construction Contract 2,673,267 500,000 3,173,267
Permitting 150 21,504 21,654
Authorized Contingency (5%)103,663 30,000 133,663
Construction Engineering - City Costs 80,000 20,000 100,000
Construction Engineering - Consultant Costs 30,000 10,000 40,000
Total 4,538 211,432 3,390,242 560,000 4,166,212
2014 (actual)2015 (actual) 2016 2017 Total
*102/105 Funds Budgeted ( )(4,538) (211,432) (4,378,968) 0 (4,594,938)
102/105 Funds Needed 4,538 211,432 3,390,242 560,000 4,166,212
*102/105 Fund Project Contingency ( )0 (0) (988,726) 0 (428,726)
102/105 Funds Required 0 0 0 560,000 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
102/105 Arterial Street Budget Status
BUDGET STATUS SHEET
West Main Street Multi-Modal Corridor and ITS Improvements
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1415-West Main Street Multi-Modal Corridor and ITS Improvements\3.00 Project Management\3.20
Budget\CP1415 BudgetStatusSheet.xls 1 of 1CA.D Page 14 of 85
CA.D Page 15 of 85
CP1415 West Main Street Multi-Modal Corridor and ITS ImprovementsWC ST SWCity M & OBuildingINTERURBAN TRAILCA.DPage 16 of 85
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1518, Contract 15-19
Date:
July 11, 2016
Department:
Administration
Attachments:
Bid Tab Summary
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 15-19 to Rod McConkey Construction on their low bid
of $302,900.00 plus Washington State sales tax of $28,775.50 for a total contract
price of $331,675.50 for Project No. CP1518 Auburn City Hall Council Chambers
Remodel
Background Summary:
The City received two (2) responsive bids and the low bid was approximately 6%
above the engineer’s estimate. Staff has performed reference checks and other
verifications to determine that Rod McConkey Construction meets the responsible
bidding criteria and recommends award with the alternate bid option included. The
alternative bid option was added to the bid documents during the bid advertisement
period via addendum. It includes the construction of a ramp for ADA accessibility to
the new council members’ desks that will be on a raised dais.
The purpose of this project is to improve lighting, sound quality, aesthetics, visibility,
and to increase the audience capacity of the existing Council Chambers at Auburn
City Hall. The project is part of the City’s overall efforts to repair and modernize City
Hall. The Council Chambers re-model will require City Council Meetings, Council
Study Sessions, and other meetings that are typically in the Council Chambers to be
located to another location for approximately 10 weeks.
The project budget was recently adjusted with the approval of Budget Amendment 6,
and is as follows: $250,000.00 is budgeted in the 328 Capital Improvement fund and
$350,000.00 is budgeted in the 568 IT fund for a total project budget of $600,000.00.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:July 18, 2016 Item Number:CA.E
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AUBURN * MORE THAN YOU IMAGINEDCA.E Page 18 of 85
CITY OF AUBURN BID TABULATIONS
Bid Date / Time: 7/7/2015 / 2:00PM
Contract # 15-19
6.21%
-12.68%
Bid Order Contractor
Lump Sum
Base Bid
(A)
Additive
Alternate #1 -
ADA Ramp
(B)
Total Base Bid
+ Alternate #1
(A+B)
Washington State
Sales Tax (9.5%)
(C)
Total Bid Amount
(A+B+C)
N/A Engineer's Estimate $ 280,181.00 $ 5,000.00 $ 285,181.00 $ 27,092.20 $ 312,273.20
1 Rod McConkey Construction
(Low)9225 Otis Beach St SE
Olympia, WA 98516
Phone: 360-742-4225
2 Lincoln Construction, Inc.
(Second Low)21323 Mountain Hwy East Spanaway
WA 98387
Phone: 253-847-6414
#1
$ 37,131.70
$ 28,775.50
$ 427,991.70
$ 331,675.50
$ 6,413.00 $ 384,447.00 $ 390,860.00
$ 302,900.00
CP1518: Auburn City Hall Council Chambers Remodel
Low Bid Compared to Engineer's Estimate:
Average Total Bid:
Low Bid Compared to Average Bid:
Additive Alternates Selected:
$ 285,500.00 $ 17,400.00
$379,833.60
$19,402.31
($48,158.10)
CA.E Page 19 of 85
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1501
Date:
July 6, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP1501, Traffic
Signal Safety Improvements.
Background Summary:
This project will install flashing yellow arrow left turn operations, auxiliary signal heads,
signal head backplates with yellow reflective tape and traffic signal cabinets or some
combination of these improvements at eight intersection locations. See the attached
vicinity map for the exact intersections and specific improvements included in this
project.
Advertising for construction bids is anticipated to begin in July 2016 with construction
anticipated to begin in August 2016. Construction of the project is expected to last 3
months.
Unless bids are lower than expected, it is anticipated that a budget adjustment of
$53,713.23 from the 102 Arterial Street Fund will be required this year to fund the
project. The actual amount of this increase (if any) will be addressed in the award
consent item brought to Council.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:July 18, 2016 Item Number:CA.F
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Project No: CP1501 Project Title:
Project Manager: Joel Chalmers
95% Design
Initiation Date: ___2/25/2015______ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2015 (Actual) 2016
Future Years Total
102 Fund - Unrestricted 0 5,000 0 5,000
102 Fund 0 20,983 6,617 27,600
102 Fund - Federal Grant 0 412,575 412,575
0
Total 0 25,983 419,192 0 445,175
Activity Prior Years 2015 (Actual) 2016
Future Years Total
Design Engineering - City Costs 0 25,983 15,000 40,983
Construction Estimate 0 387,305 387,305
Project Contingency (10%)0 38,000 38,000
Construction Engineering - City Costs 0 32,600 32,600
Total 0 25,983 472,905 0 498,888
Prior Years 2015 (Actual) 2016
Future Years Total
*102 Funds Budgeted ( )0 (25,983) (419,192) 0 (445,175)
102 Funds Needed 0 25,983 472,905 0 498,888
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 53,713 0 53,713
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Traffic Signal Safety Improvements
Date:6/29/2016
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
102 Arterial Street Budget Status
H:\PROJ\CP1501-Traffic Signal Safety Improvements\3.00 Project Management\3.20 Budget\Traffic Signal Safety
Improvements BudgetStatusSheet.xls 1 of 1CA.F Page 22 of 85
Citywide Traffic Signal Safety Improvements 15th NW & WVH 15th NW & C St SW 15thNE& A St NE15thNE& D St NE15thNE& Auburn Way North 8thNE& Harvey Rd/M St NEHarvey Rd & I St NE8thNE& Auburn Way NorthCA.FPage 23 of 85
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5239
Date:
July 11, 2016
Department:
CD & PW
Attachments:
Res 5239
Draft Ordinance No. 6606
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5239.
Background Summary:
Resolution No. 5239 sets the date of the public hearing for Franchise Agreement No.
16-36 for City of Enumclaw Natural Gas (ENG) for August 1, 2016 at 7:00 pm.
During review of facilities located in City right-of-way the City determined that ENG is
required to obtain a Franchise Agreement per Auburn City Code Chapter
20.06.010. ENG has applied for a Franchise Agreement to continue to operate within
the City’s rights of way natural gas transmission and distribution facilities for sale and
service to customers within the City of Auburn. Per Auburn City Code Chapter
20.06.030 a public hearing shall be held prior to granting or denying a franchise
agreement.
Draft Ordinance No. 6606 is attached as back up documentation for Resolution No.
5223.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:July 18, 2016 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 24 of 85
RESOLUTION NO. 5 2 3 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER A FRANCHISE AGREEMENT WITH CITY
OF ENUMCLAW NATURAL GAS
WHEREAS, City of Enumclaw Natural Gas ("Grantee") has applied to the City for a
non-exclusive Franchise Agreement for the right of entry, use, and occupation of certain
public rights-of-way within the City of Auburn, expressly to install, construct, erect, operate,
maintain, repair, relocate and remove its facilities in, on, upon, along and/or across those
right(s)-of-way; and
WHEREAS, the City has reviewed the Grantee's application materials, and the
City Engineer is satisfied that the application is sufficiently complete, so as to warrant
holding a public hearing before the City Council to consider the franchise application,
pursuant to ACC 20.06.030 of the Auburn City Code (ACC).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by the Grantee for a Franchise
Agreement with the City of Auburn is hereby set for 7:00 p.m. on the 1st day of August,
2016, with all persons wishing to speak to the application at the public hearing being
invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Resolution No. 5239
Franchise Agreement No. 16-36
June 2, 2016
Page 1 of 2
RES.A Page 25 of 85
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of 2016.
CITY OF AUBURN
Nancy Backus
Mayor
Attest:
Danielle E. Daskam, City Clerk
Appr:• -• as t• .
I
1L
l B. Heid, City Attorney
Resolution No. 5239
Franchise Agreement No. 16-36
June 2, 2016
Page 2 of 2
RES.A Page 26 of 85
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Draft Ordinance No. 6606
May 31, 2016
Page 1 of 26
ORDINANCE NO. 6606
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
CITY OF ENUMCLAW NATURAL GAS, A
FRANCHISE FOR GAS UTILITY
WHEREAS, City of Enumclaw Natural Gas (“Grantee”) has applied to the
City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A”, attached hereto and
incorporated by reference (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
“B”, attached hereto and incorporated by reference, and all necessary
appurtenances thereto, (“Grantee Facilities”) for provision of those services set
forth in Exhibit “C” (“Grantee Services”) in, along, under and across the
Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City. This Franchise is intended to convey only a limited
RES.A Page 27 of 85
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Draft Ordinance No. 6606
May 31, 2016
Page 2 of 26
right and interest and is not a warranty of title or interest in the City’s right-of
ways. The Agreement does not convey any right to Grantee to install Grantee
Facilities on or to otherwise impact, city-owned or leased properties, easements,
or rights-of way outside the ones identified in Exhibit A.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights-of-way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right-of-way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. This Franchise is subject to the provisions of Auburn City Code
(“ACC”), including specifically ACC Chapter 20.10, “CONDITIONS OF PUBLIC
WAY AGREEMENTS, FRANCHISES, AND FACILITIES LEASES”, and all
federal and state laws, codes and regulations as currently exist or as amended?.
However, if the provisions of city code, as amended or superseded, conflict with
any terms and conditions of this agreement, the provisions of this agreement
shall govern. A conflict doesn’t exist where this agreement is silent about a
condition or matter addressed by city code.
Section 2. Notice
A. Whenever this Franchise calls for notice to or notification by any
party, the same (unless otherwise specifically provided) shall be in writing and
directed by certified mail to the recipient at the address set forth in this Section.
If the date for making any payment, notice, or performing any act is a legal
RES.A Page 28 of 85
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Draft Ordinance No. 6606
May 31, 2016
Page 3 of 26
holiday, payment or notice may be made or the act performed on the next
succeeding business day which is not a legal holiday.
City: Engineering Aide,
Community Development and Public Works Department
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee: City of Enumclaw Gas Manager
2041 Railroad St
Enumclaw, WA 98022
360-825-5541
360-825-3505 (afterhours & emergency)
with a copy to: City Clerk
City of Enumclaw
1339 Griffin Avenue
Enumclaw, WA 98022
B. Any changes to the above-stated Grantee information shall be sent
to the City’s Engineering Aide, Community Development and Public Works
Department, with copies to the City Clerk, referencing the title of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of 20 (twenty) years, from the
date of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
RES.A Page 29 of 85
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Draft Ordinance No. 6606
May 31, 2016
Page 4 of 26
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently between 180 and 240 days prior
to expiration of the then-current term). Any materials submitted by the Grantee
for a previous application may be considered by the City in reviewing a current
application, and the Grantee shall submit those materials that differ from the
previous materials or as deemed necessary by the City to address changes in
the Grantee Facilities or Grantee Services, or to reflect specific reporting periods
mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
“Maintenance or Maintain” shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
“Grantee Facilities” means, collectively, any and all natural gas systems owned
or operated by Grantee, including but not limited to gas pipes, pipelines, mains,
laterals, conduits, feeders, regulators, valves, meters meter-reading devise,
fixtures, communication systems, and any and all other equipment appliances,
attachments, appurtenances and other items necessary, convenient, or in any
RES.A Page 30 of 85
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Draft Ordinance No. 6606
May 31, 2016
Page 5 of 26
way appertaining to any and all of the foregoing for the purpose of transmission
of natural gas, whether the same be located over or under ground.
“Hazardous Substance” shall specifically include, but shall not be limited to,
petroleum and petroleum products and their by-products, residue, and remainder
in whatever form or state.
“Operate” or “Operations” shall mean the operation, use, and maintenance of
Grantee Facilities, pursuant to the terms of this Agreement.
“Party” or “Parties” means collectively the City and Grantee, and individually
either the City or Grantee.
“Public Works Project” means, any City capital improvement or the construction,
relocation, expansion, repair, maintenance, or removal of any part of the Public
Way or City-owned facilities located on or in the Public Way for: parks; streets;
sidewalks; curbs; pedestrian and/or vehicle traffic; sewers, storm water drains;
water facilities, and; City owned fiber optic cable, conduit or network facilities.
“Third Party” means any person, party, or entity other than the City and Grantee.
“FERC” means the Federal Energy Regulatory Commission, or such other
successor regulatory agency having jurisdiction over interstate pipeline
companies.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 17, (3) the financial guarantees specified in Section 18 and (4)
payment of any outstanding application fees per the City fee schedule. These
four items shall collectively be the “Franchise Acceptance”. The date that such
Franchise Acceptance is filed with the City Clerk shall be the effective date of this
Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within thirty (30) days after the effective date of the ordinance
approving the Franchise Agreement, the City’s grant of the Franchise will be null
and void.
RES.A Page 31 of 85
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Draft Ordinance No. 6606
May 31, 2016
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Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
Facilities. Grantee shall comply with all applicable City, State, and Federal
codes, rules, regulations, and orders, as they now exist or as may be hereafter
amended or superseded, in undertaking such work, which shall be done in a
thorough and proficient manner.
Grantee’s work within the Public Way which directly affects Grantee’s
construction, operation, and maintenance of Grantee Facilities shall be
performed in accordance with Federal law and regulation.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is under taking
its activity. Such efforts shall include, at a minimum, reasonable and diligent
efforts to keep the other party and other utilities within the Public Way informed of
its intent to undertake such construction work.
C. In addition to complying with ACC 20.10.80, as hereafter amended
or superseded, Grantee Facilities shall be located and maintained within the
Right- of-way so as not to interfere with the reasonable ingress or egress to the
properties abutting the right-of-ways as they exist at the time of installation of the
Grantee Facilities. The City expressly reserves the right to prescribe how and
where Grantee Facilities shall be installed within the public right-of-way and may
from time to time, pursuant to the applicable sections of this Franchise, require,
at no cost to the City, the removal, relocation and/or replacement thereof in the
public interest and safety at the expense of the Grantee.
D. Grantee shall continuously be a member of the State of
Washington One Number Locator service under RCW 19.122, or an approved
equivalent as determined by the City, and shall comply with all such applicable
rules and regulations. Before commencing any work within the public right-of-
way, the Grantee shall comply with the One Number Locator provisions of RCW
Chapter 19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
RES.A Page 32 of 85
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May 31, 2016
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providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
H. Markers demarcating the pipeline's location shall be placed on the
surface at least every 100 yards in areas not under pavement so as to provide
clear warning of the presence of the pipeline but in a manner that does not
interfere with trails or other public uses in that area. Additionally, Grantee shall
place continuous underground markers demarcating the pipeline's location each
time Grantee digs to the pipeline for any reason.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City telephonically during normal business hours
at 253-931-3010 and during non-business hours at 253-876-1985 as promptly as
possible before such repair or emergency work commences, and in writing as
soon thereafter as possible. Such notification shall include the Grantee’s
emergency contact phone number for the corresponding response activity. For
any emergency or after normal business hour issues involving the Grantee’s
facilities which requires the Grantee’s immediate response the City shall contact
the Grantee at 360-825-3505 which is operated 24 hours a day, seven days a
week. The City may act, at any time, without prior written notice in the case of
emergency, but shall notify the Grantee in writing as promptly as possible under
the circumstances of the nature of the emergency and the actions taken to
address it.
Section 8. Damages to City and Third-Party Property
A. Grantee agrees that if any of its actions under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Grantee will restore, at its own cost and expense, said property to a
safe condition. Such repair work shall be performed and completed to the
satisfaction of the City Engineer.
B. The City may at any time perform or have performed any and all
work that it considers necessary to restore to a safe condition any area within the
Public Way disturbed by Grantee in the performance of this Agreement. Grantee
shall pay all reasonable costs of such work upon demand of the City.
C. All survey monuments which are disturbed or displaced by Grantee
in its performance of any work under this Agreement shall be referenced and
restored by Grantee, as per WAC 332-120, as from time to time amended, and
all pertinent federal, state, and local standards and specifications.
RES.A Page 33 of 85
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Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another private utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right-of-way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. When constructing new facilities, or replacing or reconstructing
facilities, Grantee shall maintain a minimum underground horizontal separation of
five (5) feet from City water and five (5) feet from City sanitary sewer and storm
sewer facilities; provided, that for development of new areas, the City, in
consultation with Grantee and other utility purveyors or authorized users of the
Public Way, will develop and follow the City’s determination of guidelines and
procedures for determining specific utility locations, subject additionally to this
agreement .
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City Engineer to coordinate municipal functions with
Grantee’s activities and fulfill any municipal obligations under state law. Said
information shall include, at a minimum, as-built drawings of Grantee Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in
hard copy or electronic format, compatible with the City’s data base system, as
now or hereinafter existing, including the City’s geographic information Service
(GIS) data base. Grantee shall keep the City Engineer informed of its long-range
plans for coordination with the City’s long-range plans.
B. Upon the City’s reasonable request, in connection with the design
of any Public Works Project, Grantee shall verify the location of its underground
Facilities within the Public Way by excavating (e.g., potholing) at no expense to
the City. In the event Grantee performs such excavation, the City shall not
require any restoration of the disturbed area in excess of restoration to the same
condition as existed immediately prior to the excavation.
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Draft Ordinance No. 6606
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C. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Grantee
shall clearly mark any information that it provides to the City as “Proprietary”
information if Grantee believes that disclosure of that information would be
exempt under the trade secrets exemption in RCW 42.56.270. The City agrees
that if it receives a request for Grantee’s proprietary information, it will initially
assert the exemption under 42.56.270, and will notify Grantee of the request.
The City shall not initiate legal action to prevent disclosure of Grantee’s
proprietary information. If a requestor files a lawsuit to compel disclosure,
Grantee agrees to defend the action at Grantee’s sole expense.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the City
because of non-disclosures requested by Grantee under Washington’s open
public records act, provided the City has notified Grantee of the pending request
or Grantee is made aware of the request or claim.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities within thirty (30) days of being ordered
by the City Engineer at no expense or liability to the City, except as may be
required by RCW Chapter 35.99. Such alternate location for relocation of
Grantee’s facilities shall be determined and approved jointly by the City and
Grantee at no cost to the City. Pursuant to the provisions of Section 16, Grantee
agrees to protect and save harmless the City from any customer or third-party
claims for service interruption or other losses in connection with any such
change, relocation, abandonment, or vacation of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof. Any contractor doing work pursuant to
contract with the City shall not be considered a Third Party for purposes of this
section.
C. Any condition or requirement imposed by the City upon any Third
Party (including, but not limited to, any condition or requirement imposed
pursuant to any contract or in conjunction with approvals or permits obtained
pursuant to any zoning, land use, construction or other development regulation)
which requires the relocation of Grantee’s Facilities within the Rights-of-Way
shall be a condition or requirement causing relocation of Grantee’s Facilities to
occur subject to the provisions of Subsection B above; provided, however in the
event the City reasonably determines and notifies Grantee that the primary
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purpose of imposing such condition or requirement upon such Third party is to
cause or facilitate the construction of a Public Works Project to be undertaken
within a segment of the Right-of-Ways on the City’s behalf and consistent with
the City’s Capital Facility Plan or Transportation Improvement Program, then
Grantee shall relocate its Facilities within such segment of the Rights-of-Way in
accordance with this Agreement.
D. As to any relocation of Grantee’s Facilities whereby the cost and
expense thereof is to be borne by Grantee in accordance with this Section 11,
Grantee may, after receipt of written notice requesting such relocation, submit in
writing to the City alternatives to relocation of its Facilities. Upon the City’s
receipt from Grantee of such written alternatives, the City shall evaluate such
alternatives and shall advise Grantee in writing if one or more of such
alternatives are suitable to accommodate the work which would otherwise
necessitate relocation of Grantee’s Facilities. In evaluating such alternatives, the
City shall give each alternative proposed by Grantee full and fair consideration
with due regard to all facts and circumstances which bear upon the practicality of
relocation and alternatives to relocation. In the event the City determines that
such alternatives are not appropriate, Grantee shall relocate its Facilities as
otherwise provided in this Agreement.
E. Nothing in this Section 11 shall require Grantee to bear any cost or
expense in connection with the relocation of any Facilities under benefit of
easement independent of this Agreement or other rights not arising under this
Agreement, nor shall anything in this Section 11 require the City to bear any such
cost or expense. Nothing in this Section 11 shall be construed to be a waiver of
any right of either Grantee or the City to contest any claim or assertion by the
other of responsibility to pay such cost or expense.
F. Subject to ACC 20.10.160, in the event of an emergency posing a
threat to public safety or welfare requires the relocation of Grantee’s Facilities
within the Rights-of-Way, the City shall give Grantee notice of the emergency as
soon as reasonably practicable. Upon receipt of such notice from the City (and
subject to the issuance of any necessary order(s) of the ( Washington Utilities
and Transportation Commission), Grantee shall endeavor to respond as soon as
reasonably practicable to relocate the affected Facilities.
Section 12. Abandonment and or Removal of Grantee Facilities
Subject to ACC 20.10.130, within one hundred and eighty days (180) of
Grantee’s permanent cessation of use of the Grantee Facilities, or any portion
thereof, the Grantee shall (subject to any necessary approval(s) and/or order(s)
to be provided by WUTC concerning abandonment), at the City’s discretion,
either abandon in place or remove the affected facilities. Abandonment or
removal shall be at the sole cost and expense of Grantee. Any Facilities left in
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place shall be made inert by purging all natural gas from such Facilities (including
displacement of natural gas with an appropriate inert gas) and disconnecting and
sealing such Facilities, all in compliance with applicable regulations and industry
standards. The City’s consent shall not relieve Grantee of the obligation and/or
costs to subsequently remove or alter such Facilities in the event the City
reasonably determines that such removal or alteration is necessary or advisable
for the health and safety of the public, in which case Grantee shall perform such
work at no cost to the City. The obligations contained in this Section shall
survive the expiration, revocation, or termination of this Agreement.
Section 13. Encroachment Management
Grantee shall manage and inspect encroachments as defined by federal
and applicable state and local laws, rules, regulations and industry standards, as
now enacted or hereinafter amended, and any other future laws or regulations
that are applicable to Grantee, the Facilities, and business operations. Upon
notification to Grantee of planned construction by another within ten (10) feet of
Grantee’s pipeline, Grantee shall flag the precise location of its Facilities before
the construction commences, provide a representative to inspect the construction
when it commences, and periodically inspect thereafter to ensure that Grantee’s
pipeline is not damaged by the construction.
Section 14. Emergency Management, Leaks, Ruptures, and Emergency
Response.
A. Annually, upon the request of the City, Grantee shall meet with the
Valley Regional Fire Authority, the Auburn Police Department, and the City’s
Emergency Management Office to coordinate emergency management
operations and, at least once a year, at the request of the City, Grantee
personnel shall actively participate with the Valley Regional Fire Authority and
the City in emergency preparedness drills or planning sessions.
B. Grantee shall have in place, at all times during the term of this
Agreement, a system for remotely monitoring pressures and flows across the
Public Way.
C. During the term of this Agreement, Grantee shall have a written
emergency response plan and procedure for locating leaks and ruptures and for
shutting down valves as rapidly as possible.
D. Upon acceptance of this Agreement, Grantee shall provide, for the
City's approval and acceptance, a copy of its emergency response plans and
procedures, including, but not limited to, emergency rupture response. If the
parties disagree as to the adequacy of Grantee’s emergency response plan, the
parties will submit the plan to independent, third party review. If the review
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recommends that Grantee make modifications or additions to Grantee's
emergency response plan, Grantee covenants to consider said
recommendations in good faith. If Grantee declines to follow the
recommendations, Grantee shall provide a written report to the City explaining its
reasoning for not following said recommendations. The parties agree to comply
with the dispute resolution provisions contained herein to resolve any dispute
over whether to follow the recommendations. Upon completion of the review of
Grantee's emergency plans and procedures set forth in this section, Grantee
shall provide a copy of the plans and procedures to the City and to the Valley
Regional Fire Authority.
E. Grantee's emergency plans and procedures shall designate
Grantee’s responsible local emergency response officials and a direct twenty four
(24) hour emergency contact number for the control center operator. Grantee
shall, after being notified of an emergency, cooperate with the City and make
every effort to respond as soon as possible to protect the public's health, safety
and welfare.
F. Grantee shall be solely responsible for all its necessary costs
incurred in responding to any leak, rupture or other release of natural gas from
Grantee's Facilities, including, but not limited to, detection and removal of any
contaminants from air, earth or water, and all remediation costs.
G. If requested by the City in writing, Grantee shall provide a written
summary concerning any leak or rupture within thirty (30) days of the event,
including, but not limited to, the leak or rupture's date, time, amount, location,
response, remediation and other agencies Grantee has notified.
H. The City may request that any substantial leak or rupture be
investigated by an independent pipeline consultant selected by the City. Grantee
shall be solely responsible for paying all of the consultant's costs and expenses
incurred in investigating the occurrence and reporting the findings. Grantee shall
meet and confer with the independent consultant following the consultant's
investigation to address whether any modifications or additions to Grantee's
pipeline(s) and/or Facilities may be warranted.
I. If the consultant recommends that Grantee make modifications or
additions to Grantee's pipeline(s) and/or Facilities, Grantee covenants to
consider said recommendations in good faith. If Grantee declines to follow the
consultant's recommendations, Grantee shall provide a written report to the City
explaining its reasoning for not following said recommendations. The parties
agree to comply with the dispute resolution provisions contained herein to
resolve any dispute over whether to follow the consultant's recommendations.
Section 15. Maintenance, Inspection, and Testing.
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Grantee shall remain solely and separately liable for the function, testing,
maintenance, replacement and/or repair of the pipeline or other activities
permitted under this Agreement. Grantee shall operate, maintain, inspect, and
test the Facilities in full compliance with all applicable federal, state, and local
laws, rules, regulations, and industry standards, as now enacted or hereinafter
amended, and any other future laws or regulations that are applicable to
Grantee, the Facilities, and business operations.
Section 16. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence of the City.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and/or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right-of-way, or other property,
except to the extent any such damage or loss is directly caused by the sole
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City’s failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City’s failure or inability to provide such services.
D. Acceptance or inspection by the City of any work performed by the
Grantee shall not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
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provisions of this section shall survive the expiration or termination of this
Agreement.
F. In addition to the promise of indemnification required by ACC
20.10.230, Grantee shall indemnify, defend and hold the City, its appointed and
elective officials, agents, officers, employees, and volunteers harmless from and
against any and all claims, demands, liability, loss, cost, damage or expense of
any nature whatsoever including all costs and attorney’s fees, made against the
City on account of violation of any environmental laws applicable to the Grantee
Facilities, or from any release of natural gas or Hazardous Substances on or
from the Grantee Facilities. This indemnity includes, but is not limited to: (a)
liability for a governmental agency’s costs of removal or remedial action for
hazardous substances; (b) damages to natural resources caused by hazardous
substances, including the reasonable costs of assessing such damages; (c)
liability for any other person’s costs of responding to hazardous substances; and
(d) liability for any costs of investigation, abatement, correction, cleanup, fines,
penalties, or other damages arising under any environmental laws.
G. The grantee, franchisee, or lessee further agrees to indemnify, hold
harmless and defend the City against any claims for damages, including, but not
limited to, business interruption damages and lost profits, brought by or under
users of the grantee, franchisee, or lessee’s facilities as the result of any
interruption of service due to damage or destruction of the user’s facilities caused
by or arising out of activities conducted by the City, its officers, agents,
employees, or contractors, except to the extent any such damage or destruction
is caused by or arises from the sole negligence or any willful or malicious actions
on the part of the City, its officers, agents, employees, or contractors.
Section 17. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $2,000,000.00 (two million dollars) per
accident. Coverage shall be written on Insurance Services Office (ISO) form CA
00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $20,000,000.00 (twenty million dollars) each occurrence, $20,000,000.00
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(twenty million dollars) general aggregate and a $20,000,000.00 (twenty million
dollars) products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury and advertising injury and liability assumed
under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
11 85. There shall be no endorsement or modification of the Commercial
General Liability insurance for liability arising from explosion, collapse, or
underground property damage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee’s insurance
and shall not contribute with it.
2. The Grantee’s insurance shall not be cancelled by either
party except after thirty (30) days’ prior written notice by certified mail, return
receipt requested, has been given to the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self insurance is subject to approval by the City.
Participation in a self-insured, governmental risk pool shall satisfy the conditions
set forth above.
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F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 18. Relationship of the Parties
A. Nothing in this Agreement shall be construed to create or confer
any right or remedy upon any person(s) other than the City and Grantee. No
action may be commenced or prosecuted against any Party by any Third Party
claiming as a Third Party beneficiary of this Agreement. This Agreement shall
not release or discharge any obligation or liability of any Third Party to either
Party.
B. Nothing contained in this Agreement shall be construed to create
an association, trust, partnership, agency relationship, or joint venture or to
impose a trust, partnership, or agency duty, obligation or liability on or with
regard to any party. Each party shall be individually and severally liable for its
own duties, obligations, and liabilities under this Agreement.
C. Grantee accepts any privileges granted by the City in an "as is"
condition. Grantee agrees that the City has never made any representations,
implied or express warranties or guarantees as to the suitability, security or
safety of Grantee's location of facilities or the facilities themselves in public
property or rights of way or possible hazards or dangers arising from other uses
of the public rights of way or other public property by the City or the general
public. Grantee shall remain solely and separately liable for the function, testing,
maintenance, replacement and repair of the pipeline or other activities permitted
under this Agreement.
D. Except as specifically provided herein, this Agreement shall not
create any duty of the City or any of its officials, employees or agents and no
liability shall arise from any action or failure to act by the City or any of its
officials, employees or agents in the exercise of powers reserved to the City.
Further, this Agreement is not intended to acknowledge, create, imply or expand
any duty or liability of the City with respect to any function in the exercise of its
police power or for any other purpose. Any duty that may be deemed to be
created in the City shall be deemed a duty to the general public and not to any
specific party, group or entity.
Section 19. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
RES.A Page 42 of 85
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contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer
does not waive any right to insist on full compliance thereafter.
Section 20. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. Each party shall bear its own cost in any such action for its own
attorneys’ fees and costs of suit.
Section 21. Enforcement and Remedies
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A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
revoke the Franchise with no further notification, or (2) claim damages as
provided in ACC 20.10.340 per day for every day after the expiration of the cure
period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise upon thirty days (30) written
notice to Grantee and require the Grantee to apply for, obtain, and comply with
all applicable City permits, franchises, or other City permissions for such actions,
and if the Grantee’s actions are not allowed under applicable federal and state or
City laws, to compel Grantee to cease such actions.
C. Interpretation or construction of this Franchise shall not be affected
by any determination as to who is the drafter of this Franchise, this Franchise
having been drafted by mutual agreement of the parties.
Section 22. Compliance with Laws and Regulations
A. In carrying out any authorized activities under the privileges granted
herein, Grantee shall meet accepted industry standards and comply with all
applicable laws, rules, and regulations, of any governmental entity with
jurisdiction over the pipeline and its operation (specifically including, but not
limited to, all requirements, rules, regulations, and orders of FERC and the
applicable provisions of the City’s comprehensive plan). This shall include all
applicable laws, rules and regulations existing at the Effective Date of this
Franchise or that may be subsequently enacted by any governmental entity with
jurisdiction over Grantee or the pipeline(s) and the Facilities. Furthermore,
notwithstanding any other terms of this agreement appearing to the contrary, the
Grantee shall be subject to the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general
public in relation to the rights granted in the Franchise Area.
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B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee’s
concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 23. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 24. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 25. Force Majeure
In the event that either Party is prevented or delayed in the performance of
any of its obligations under this Agreement by reason beyond its reasonable
control (a “Force Majeure Event”), then that Party’s performance shall be
excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God;
laws, regulations, rules or orders of any governmental agency; sabotage; strikes
or similar labor disputes involving personnel of a party, its contractors or a Third
party; or any failure or delay in the performance by the other party, or a Third
Party who is not an employee, agent or contractor of the Party claiming a Force
Majeure Event, in connection with this Agreement. Upon removal or termination
of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligations in an orderly and expedited manner
RES.A Page 45 of 85
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Draft Ordinance No. 6606
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under this Agreement. The Parties shall use all commercially reasonable efforts
to eliminate or minimize any delay caused by a Force Majeure Event. The
occurrence of a Force Majeure Event shall not alter or impair any of the
provisions concerning liability and/or insurance as provided in this Agreement.
Section 26. Severability & Survival
In the event that a court or agency of competent jurisdiction declares a
material provision of this Franchise to be invalid, illegal or unenforceable, the
parties shall negotiate in good faith and agree, to the maximum extent
practicable in light of such determination, to such amendments or modifications
as are appropriate actions so as to give effect to the intentions of the parties as
reflected herein. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the
value of this Franchise, either party may apply to a court of competent jurisdiction
to reform or reconstitute the Franchise so as to recapture the original intent of
said particular provision(s). All other provisions of the Franchise shall remain in
effect at all times during which negotiations or a judicial action remains pending.
All provisions, conditions and requirements of this Agreement that may be
reasonably construed to survive the termination or expiration of this Agreement
shall survive the termination or expiration of the Agreement. Subject to Section
15 above, the Parties’ respective rights and interests under this Agreement shall
inure to the benefit of their respective successors and assigns.
Section 27. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 28. Implementation.
The parties each represent and warrant that they have full authority to
enter into and to perform this Agreement, that they are not in default or violation
of any permit, license, or similar requirement necessary to carry out the terms
hereof, and that no further approval, permit, license, certification, or action by a
governmental authority is required to execute and perform this Agreement,
except such as may be routinely required and obtained in the ordinary course of
business.
Whenever this Agreement sets forth a time for any act to be performed,
such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Agreement.
Section 29. Entire Agreement
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This Agreement, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous Agreements between the parties pertaining to GRANTEE's operation of
its pipeline(s) and/or Facilities are hereby superseded.
Section 30. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED:___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
RES.A Page 47 of 85
RES.A Page 48 of 85
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Page 24 of 26
Exhibit B
One Main Gate Station
Two District Regulator Stations
One Corrosion Control Rectifier
One Odorizer
6 inch steel high pressure pipe operating at 250 psig
2 inch steel intermediate pipe operating at 40 psig
2 inch Polyethylene pipe operating at 40 psig
½” – 2” steel and plastic services
RES.A Page 50 of 85
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Exhibit C
Gas Services Provided by the City of Enumclaw Gas
1. 250,000 – 425,000 Btu/hr Residential Service Line and Meter Set.
2. 615,000 ‐800,000 Btu/hr Commercial or Industrial Service Line and Meter
Sets.
3. 1.5 MMBtu/hr – 17 Mmbtu/hr Commercial or Industrial Service Line and
Meter Sets.
RES.A Page 51 of 85
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Page 26 of 26
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
________________________________, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporated herein by this
reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2016, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the
uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
RES.A Page 52 of 85
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5244
Date:
July 7, 2016
Department:
Finance
Attachments:
Resolution and Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5244.
Background Summary:
King County requests to enter into an agreement with the City of Auburn for the
Commercial Food Waste Outreach Program. King County has appropriated
$29,990.00 for the City to promote food waste prevention, donation, and composting
to Auburn businesses.
The grant funding will be used to support the following: gathering baseline data to
create a tiered list of businesses based on food waste generated, creating a menu of
assistance available, contacting businesses to offer outreach, providing resources and
staff training, and follow-up.
The 2017-2018 King County Waste Reduction & Recycling Grant will provide a
$29,010.00 match to this grant as the City continues to work with businesses on food
waste reduction through July 2018.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:July 18, 2016 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 53 of 85
RESOLUTION NO. 5 2 4 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY TO EDUCATE AND ASSIST
AUBURN BUSINESSES TO REDUCE FOOD WASTE
WHEREAS, it is in the public interest and the City of Auburn desires to reduce
food waste that is deposited by Auburn businesses into the solid waste system; and
WHEREAS, it benefits the citizens of the City of Auburn for commercial
producers of food to donate and compost unneeded food; and
WHEREAS, in order to help meet solid waste management goals, King County
has made available to Auburn grant funds to promote and assist local businesses to
reduce food waste; and
WHEREAS, it is a condition of receiving the grant funds that Auburn enter into an
agreement with King County on the use and administration of the funds;
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 King County for the receipt and utilization of grant funds for the
reduction of commercial food waste, 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.
Resolution No. 5244
July 5, 2016
Page 1 of 2RES.B Page 54 of 85
Section 3.. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2016.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP' 'VE' ' S TO FORM:
1",
Daniel B. eid, City Attor -y
Resolution No. 5244
July 5, 2016
Page 2 of 2RES.B Page 55 of 85
EXHIBIT A
CPA #5861388
KING COUNTY
COMMERCIAL FOOD WASTE GRANT AGREEMENT
This Commercial Food Waste Grant Agreement (the "Agreement") is entered into this_day of
2016 between King County and the City of Auburn("Grantee").
For and in consideration of the covenants and agreements hereinafter set forth,the Grantee and King County
hereby agree as follows:
1. AUTHORITY. Grantee warrants that it has the authority to enter into this Agreement for the Commercial
Food Waste Outreach Project"Project"as further described in Exhibits A, B and C.
2. TERM OF AGREEMENT. This Agreement shall be in force from the date of execution of this Agreement
through July 15, 2018.
3. DEFINITIONS.
ACCEPTANCE OR ACCEPTED - A written determination by the County that the Contractor has completed
the Work in accordance with the Contract.
GRANTEE - The individual, association, partnership, firm, company, corporation, or
combination thereof, including joint ventures, contracting with the
County for the performance of Work under the Agreement.
PERSON - Includes individuals,associations, firms, companies, corporations,
partnerships, and joint ventures.
PROJECT MANAGER - The individual designated by the County to manage the project on a daily
basis and who may represent the County for Agreement administration.
RCW - The Revised Code of Washington.
SCOPE OF WORK(SOW) - An exhibit to the Agreement consisting of a written description of the
Work to be performed.
SUBGRANTEE - The individual, association, partnership, firm,company, corporation, or
joint venture entering into an agreement with the Grantee to perform any
portion of the Work covered by this Agreement.
WORK - Everything to be provided and done for the fulfillment of the Agreement
and shall include labor, services, goods and supplies specified under this
Agreement, including Agreement Amendments.
4. AGREEMENT DOCUMENTS.
The Grantee shall provide all Work described in this Agreement, which consists of the following
documents and attached exhibits, each of which are made a part hereof by this reference in the following
order of precedence:
RES.B Page 56 of 85
a. Agreement Documents:
Scope of Work Exhibit A
Work Plan Timeline Exhibit B
Project Budget Exhibit C
Certificate(s)of Insurance and Policy Endorsement - Exhibit D
Consultant Disclosure Form Exhibit H
b. Request for Proposal
King County Request for Proposals 1023-16 VLN, Food Waste Incentives:Non-Residential
Target(2016-2018)(including addenda)
c. Grantee's Proposal (including attachments)
5. COMPLIANCE WITH CODES. Grantee shall comply with all applicable Federal, State and local codes
and requirements in the design of the Project.
6. PAYMENT. The maximum to be paid by King County to Grantee for carrying out the Project shall be
29,990
a. Upon the execution of this Agreement, payment of the Project's 2016 Budget Total, as listed on
Exhibit B -Work Plan Timeline, shall be made to the Grantee by King County. Provided the Project
has been carried out in compliance with this Agreement, the Grantee is eligible for and will be paid in
November 2016 a second payment for the amount of the 2017 +2018 Project Budget Total, as listed
on Exhibit B-Work Plan Timeline.
b. Payment will be made in accordance with Exhibit B - Project Budget. There are no other costs
allowable.
7. SUBSTITUTION OF KEY PERSONNEL. The Grantee recognizes and agrees that if a change is made
substituting or changing assigned personnel,the Grantee shall notify King County and be responsible for all
costs associated with"Transfer or Knowledge and Information."The Transfer of Knowledge and Information
shall be defined to include the labor hours spent reviewing project documentation, participating in meetings
with project personnel,and participating in site visits to familiarize oneself with the project and project
location(s). The County shall not pay for any time spent for the"Transfer of Knowledge and Information."
8. OWNERSHIP. King County agrees that ownership of the following is retained by the Grantee:
software purchased
software developed
9. LEGAL AND ADMINISTRATIVE RELATIONS.
a. Retention of Records. The Grantee and its SubGrantees shall maintain books, records and
documents of its performance under this Contract in accordance with generally accepted accounting
principles. The Grantee shall retain for six(6)years after the date of final payment under the Contract
all financial information, data and records for all Work.
b. Public Records Requests,This Contract shall be considered a public document and will be available
for inspection and copying by the public in accordance with the Public Records Act, chapter 42.56
RCW (the"Act").
2 of 8
RES.B Page 57 of 85
If the Grantee considers any portion of any record provided to the County under this Contract,
whether in electronic or hard copy form,to be protected under law, the Grantee shall clearly identify
each such portion with words such as`CONFIDENTIAL,""PROPRIETARY" or`-"BUSINESS
SECRET." If a request is made for disclosure of such portion,the County will determine whether the
material should be made available under the Act. If the County determines that the material is subject
to disclosure, the County will notify the Grantee of the request and allow the Grantee ten (10)
business days to take whatever action it deems necessary to protect its interests. If the Grantee fails or
neglects to take such action within said period,the County will release the portions of record(s)
deemed by the County to be subject to disclosure. The County shall not be liable to the Grantee for
inadvertently releasing records pursuant to a disclosure request not clearly identified by the Grantee
as"CONFIDENTIAL,""PROPRIETARY"or"BUSINESS SECRET."
c. Independent Status of Grantee. In the performance of this Agreement,the parties shall be acting in
their individual,corporate or governmental capacities and not as agents,employees, partners,joint
ventures, or associates of one another.The parties intend that an independent Grantee relationship
shall be created by this Agreement. The Grantee;shall be responsible for all federal and/or state tax,
industrial insurance, wages, benefits,or other compensation by or on behalf of the Grantee and its
employees. The Grantee shall not make any claim of right, privilege or benefit which would accrue to
an employee under chapter 41.06 RCW or Title 51 RCW.
d. Indemnification and Hold Harmless. To the maximum extent permitted by law and except to the
extent caused by the sole negligence of the County, the Grantee shall indemnify and hold harmless
the County, its officers, agents and employees, from and against any and all suits,claims, actions,
losses, costs, penalties and damages of whatsoever kind or nature arising out of, in connection with,
or incident to the Work provided by or on behalf of the Grantee. This indemnification obligation shall
include, but is not limited to, all claims against the County by an employee or former employee of the
Grantee or its SubGrantees, and the Grantee, by mutual negotiation, expressly waives all immunity
and limitation on liability, as respects the County only, under any industrial insurance act, including
Title 51 RCW,other Worker's Compensation act, disability benefit act, or other employee benefit act
of any jurisdiction which would otherwise be applicable in the case of such claim. In addition,the
Grantee shall protect and assume the defense of the County and its officers, agents and employees in
all legal or claim proceedings arising out of, in connection with, or incidental to such Work; and shall
pay all defense expenses, including reasonable attorney's fees, expert fees and costs incurred by the
County on account of such litigation or claims. In the event that the County incurs any judgment,
award and/dr expense or cost, including attorney fees, arising from the provisions of this Section 9.d.,
or to enforce the provisions of this Section 9.d., any such judgment, award, fees, expenses and costs
shall be recoverable from the Grantee.
The indemnification, hold harmless,protection and defense obligations contained herein shall
survive the expiration,abandonment or termination of this Agreement.
Nothing contained within this Section 9.d. shall affect and/or alter the application of any other
section contained within this Agreement.
3 of 8
RES.B Page 58 of 85
10. TERMINATION FOR DEFAULT/NON-APPROPRIATION.
a. Termination for Default. If the Grantee does not perform the Work, ,or the Grantee fails to perform
in the manner called for in the Agreement, or if the Grantee fails to comply with any material
provisions of the Agreement, the County may terminate this Agreement, in whole or in part, for
default as follows:
i. A "notice to cure"shall be served on the Contractor by certified or registered first class mail
in accordance with Section 18. Notice. The Grantee shall have ten(10) Days from the date of
receipt to cure the default or provide the County with a detailed written plan for review and
Acceptance, which indicates the time and methods needed to bring the Work into compliance
and cure the default.
ii. If the Grantee has not cured the default or the plan to cure the default is not acceptable to the
County, the County may terminate the Agreement by serving a "notice of termination" in
accordance with Section 18.Notice setting forth the manner in which the Grantee is in default
and the effective date of termination.
iii. The Grantee shall only be paid for Work performed and Accepted less any damages to the
County caused by or arising from such default. All termination payment requests are subject
to an analysis of cost or price by the County to verify compliance with the Agreement,
applicable laws and regulations.
iv. The termination of this Agreement shall in no way relieve the Grantee from any of its
obligations under this Agreement nor limit the rights and remedies of the County hereunder
in any manner.
v. The County may request and the Grantee shall pay partial or full reimbursement of payments
the County made to the Grantee should the Grantee fail to perform according to the terms and
conditions of this Agreement, whether or not the failure to perform is within the Grantee's
control.
c. Termination for Non-Appropriation. If expected or actual funding is withdrawn, reduced or limited
in any way prior to Acceptance, the County may, upon written notice to the Grantee,terminate this
Agreement in whole or in part for lack of appropriation. Such termination shall be in addition to the
County's rights to terminate for convenience or default. In the event of termination under this section
the following shall apply:
i. The County will be liable only for payment in accordance with the terms of this Agreement
for Work performed prior to the effective date of termination;
ii. Payment, if any, associated with such termination shall not exceed the appropriation for the
biennium in which termination occurs; and
iii. The Grantee shall be released from any obligation to provide further Work under the
Agreement affected by the termination.
11. INSURANCE. Upon execution of this Agreement, the Grantee, at its own cost, shall have procured and will
maintain for the duration of this Agreement, insurance as specified in the Minimum Scope and Limits of
Insurance. The Grantee shall furnish the County with certificates of insurance and endorsements required by
4 of 8
RES.B Page 59 of 85
this Agreement. The County reserves the right to require complete, certified copies of all required insurance
policies at any time.
Each insurance policy shall be written on an "occurrence" form; except that professional liability, errors and
omissions , will be acceptable on a "claims made" form.
If coverage is approved and purchased on a "claims made" basis, the Grantee warrants continuation of
coverage, either through policy renewals or the purchase of an extended discovery period, if such extended
coverage is available, for not less than three years from the date of completion of the Work which is the
subject of this Agreement.
By requiring such minimum insurance coverage,the County shall not be deemed or construed to have
assessed the risks that may be applicable to the Grantee under this Agreement. The Grantee shall assess its
own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or
limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the
terms and conditions of the policy(s).Nothing contained within this provision shall affect and/or alter the
application of any other provision contained within this Agreement.
a. Minimum Scope and Limits of Insurance
The Grantee shall maintain limits no less than,
General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage, and for those policies with aggregate limits, a
2,000,000 aggregate limit. CG 00 01 current edition, including Products and
Completed Operations
ii. Workers' Compensation: Statutory requirements of the State of residency, and
iii. Employers' Liability or"Stop Gap"coverage: 1,000,000
b. Other Insurance Provisions and Requirements
The insurance coverage(s) required in this Contract are to contain, or be endorsed to contain the
following provisions:
All Liability Policies except Workers Compensation and Professional Liability:
i. The County, its officers, employees and agents are to be covered as additional insureds
as respects liability arising out of activities performed by or on behalf of the Grantee in
connection with this Contract. Such coverage shall be primary and non-contributory
insurance as respects the County, its officers, officials, employees and agents.
Additional Insured Endorsement shall be included with the certificate of insurance,
CG 2010 11/85" or its equivalent is required. The County requires this
Endorsement to complete the Contract.
All Policies:
The Grantee's insurance coverage shall apply separately to each insured against whom
a claim is made and/or lawsuit is brought, except with respect to the limits of the
insurer's liability.
i. Any deductibles or self-insured retentions must be declared to, and approved by, the
County. The deductible and/or self-insured retention of the policies shall not limit or
5 of 8
RES.B Page 60 of 85
apply to the Grantee's liability to the County and shall be the sole responsibility of the
Grantee
iii. Coverage shall not be suspended, voided, canceled,reduced in coverage or in limits,
until after forty-five(45) Days prior written notice, has been given to the County.
iv. Insurance coverage is to be placed with insurers with a Bests'rating of no less than A:
VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests'
surplus size VIII.
Professional Liability, Errors and Omissions insurance coverage may be placed with
insurers with a Bests' rating of B+:VII. Any exception must be approved by the
County.
If at any time any of the foregoing policies fail to meet minimum requirements, the
Grantee shall, upon notice to that effect from the County, promptly obtain a new
policy, and shall submit the same to the County, with the appropriate certificates and
endorsements, for approval.
c. SubGrantees
The Grantee shall include all SubGrantees as insureds under its policies, or shall furnish separate
certificates of insurance and policy endorsements for each SubGrantee. Insurance coverages
provided by SubGrantees as evidence of compliance with the insurance requirements of this
Contract not provided by the Grantee,shall be subject to all of the requirements stated
herein.
12. REPORTING. The Grantee shall provide King County the following:
a. Baseline data estimating the edible and/or non-edible food waste generated by the project's target
generator(s)that are currently being disposed and ending up landfilled shall be reported to King
County no later than September 15, 2016.
b. Quarterly reports, with the first being quarter 3 of 2016 and the last quarter 2 of 2018. Quarterly
reports shall include project development and implementation activities; quantities of food waste
prevented or diverted as a result of project activities; if applicable, system inputs and outputs,
laboratory testing results; qualitative and quantitative results of any Equity and.Social.Justice
element; itemized budget expenditures; problems and any reason for delay; and other information and
data relevant to the project. All quarterly reports should use the Quarterly Reporting Form, which will
be provided by King County, and are due no later than 30 days from the last day of the quarter, except
for the 2nd quarter 2018 quarterly report,which is due on July 13, 2018.
c. A Final Report using the Final Reporting Form, which will be provided by King County, should
include qualitative and quantitative assessments of the impacts of the project. The Final Report is due
no later than July 13, 2018.
13. NO PARTNERSHIP. The relationship between the Grantee and King County is one of independent
contract. Nothing in this Agreement shall be construed as creating a partnership,joint venture or other
relationship.
14. BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Grantee and King County
and their permitted successors and assigns.
6 of 8
RES.B Page 61 of 85
15. CHOICE OF LAW AND VENUE. This Agreement shall be interpreted and enforced in accordance with
the laws of the State of Washington and the venue for any dispute arising out this agreement shall be King
County Superior Court, King County, Washington.
16. NO THIRD PARTY BENEFICIARIES. This Agreement is intended solely for the benefit of the Grantee
and King County. Nothing in this Agreementshall be construed to create any duty to, or standard of care
with reference to, or any liability to,any person or business entity not a party to this Agreement.
17. NONWAIVER. Neither the Grantee's, nor King County's failure to enforce any right or obligation with
respect to any matter arising in connection with this Agreement shall constitute a waiver as to that matter or
any other matter. If a party at any time waives its rights with respect to a default under this Agreement or any
other matters arising in connection with this Agreement,the waiver shall not be effective unless it is set forth
in a written notice signed by the waiving party. A waiver with respect to one default or matter shall not be a
waiver of any other default or matter.
18. NOTICE. Unless otherwise specified in the Agreement, all notices or documentation required or provided
pursuant to this Agreement shall be in writing and shall be deemed duly given when received at the addresses
first set forth below via certified or registered first class mail, return receipt requested, personal delivery or
electronic mail.
KING COUNTY GRANTEE
Project Manager—Karen May Joan Nelson
King County Solid Waste Division Solid Waste& Recycling Supervisor
201 S.Jackson St., Suite 701 25 West Main St
Seattle, WA 98104 Auburn, WA 98001
206-477-5281 253-931-5103
karen.may@kingcounty.gov jenelson@auburnwa.gov
253-876-1900
19. INTERPRETATION. Every term and provision of this Agreement shall be construed simply according to
its fair meaning and not strictly for or against either party.
20. ENTIRE AGREEMENT. This Agreement supersedes all prior agreements, proposals,representations,
negotiations,discussions, or letters, whether oral or in writing,regarding the subject matter of this Agreement.
No change to this Agreement will be effective unless the change is in writing and signed by both parties.
7 of 8
RES.B Page 62 of 85
KING COUNTY: GRANTEE:
Signature Signature
Pat D. McLaughlin, Division Director
King County Solid Waste Division Nancy Backus
For Dow Constantine, King County Executive Name(Please type or print)
Mayor
Title(Please type or print)
City of Auburn
Company (Please type or print)
25 W Main St,Auburn, WA 98001
Address(Please type or print)
Date(Please type or print) Date (Please type or print)
91-6001228
Tax ID No. (IRS)
Business Legal Status:
Corporation_
Sole Proprietorship
Partnership
Other:
Government
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
8 of 8
RES.B Page 63 of 85
CPA 586138.8
EXHIBIT A-Scope of Work—Commercial Food Waste Outreach Program
City of Auburn
The goal of the City of Aubum's Commercial Food Waste Outreach Program is to increase
diversion of food waste from moderate to large food generating businesses in the city to local
composting facilities and/or organizations that will provide food for low income residents in
Auburn. The city will encourage them to enhance existing food waste prevention, donation or
composting programs or start a new program by offering to provide education and training about
best practices for waste prevention, composting food waste and/or donation of edible food
products. Businesses contacted will include, but not be limited to, the Auburn School District
kitchen departments, restaurants, food manufacturers and distributors, grocery stores and non-
profit food donation locations in the city.
Project Tasks
I. Baseline data collection:
A. Create a list of all businesses in Auburn that produce food waste by identified SIC
codes and their solid waste service levels through the local solid waste haulers, food
waste collection vendors (if any) and food donation organizations.
B. Compare current business listings and data to those businesses who participated in
Auburn's 2009-2010 Business Food Waste Project.
C. Create a tiered listing of businesses for initial outreach identified by quantity
generated (to be defined):
i. Tier IA—large generators with food collection program
ii. Tier I B —large generators without food collection program
iii. Tier 2A —moderate generators with food collection program
iv. Tier 2B—moderate generators without food collection program
v. Tier 3A—small generators with food collection program
vi. Tier 3B—small generators without food collection program
2. Develop an outreach strategy for each tier:
A. Contact businesses by phone, a site visit or media piece to identify businesses
interested in receiving assistance.
i. Create a "menu list" of outreach assistance available to businesses tailored to
the type of business (such as restaurants, fast food, distributor, school
kitchens, etc.)
ii. Upon contact, determine if additional assistance is needed for communication
such as for non-English speaking. ethnic, immigrant or businesses of color
sectors. If so, seek additional assistance possibly through employees on-site
1
RES.B Page 64 of 85
who may speak English, City of Auburn Community& Business
Development services and/or local community organizations for those sectors.
iii. Produce signage, flyers, posters, food donation "tool kit", food waste
prevention resource listings, and create staff training (which will be tailored
for each sector as requested/needed). The City will provide compostable and
recycle guidelines and signage in multiple languages to non-English speaking
business staff. Signage may include but is not limited to containers, and tips
and reminders. If possible, a translator from the community will be used to
communicate program opportunities.
B. Follow-up with businesses, that request assistance and schedule meeting date/time.
i. Provide walk through waste audit to determine food waste diversion
possibilities and identify support needed from appropriate menu listings. The
City will coordinate outreach with local food waste vendors and food donation
centers.
ii. Provide support as needed per menu listing.
iii. The City will periodically (at least once a month for 3 months, then once
every 3 months) check with each business to see how the program is working
and if any additional support is needed.
3. Data collection:
A. The City will record the number of businesses contacted each month.
B. The City will record the number of businesses who ask for assistance (either to start a
food waste program or enhance existing efforts) each month.
C. Tonnage data collection will be recorded monthly via hauler and vendor reports. For
each business requesting assistance, and noting data sources for each, the City will
record:
i. baseline pounds/tons of edible and/or non-edible food waste generated that
are currently being disposed and ending up landfilled
ii. pounds/tons of food waste diverted to
I. compost facilities
2. local donation centers
D. When possible, for each business requesting assistance, and noting data sources for
each, the City will record monthly cost savings resulting from businesses that
enhance existing or starting new food waste prevention, donation or composting
programs.
E. For each business requesting assistance, the City will record qualitative feedback to
document their experience and comments about enhancing existing or starting new
food waste prevention, donation or composting programs.
2
RES.B Page 65 of 85
F. The City will record the number of outreach pieces provided to businesses such as
postcards, flyers, guidelines, signage, etc.
G. The City will record the number of times each participating business is contacted or
visited, along with pertinent notes about the contact.
3
RES.B Page 66 of 85
CPA 5861388
EXHIBIT B - Work Plan Timeline
Prime Organization: City of Auburn Solid Waste& Recycling Division
Project Title: Commercial Food Waste Outreach Program (2016-2018)
Time frame Tasks.andisupporting activities Milestones and measurable Grant
deliverables (include pounds/tons budget
prevented or diverted) amount (to
nearest dollar)
2016 — 3rd Quarter Hire the Project Team Consultant & Staff Signed Service Agreement 15,000.00
August —
September) Meet with City to create outreach strategy and action Outreach Strategy and Action Plan
plan
Create business listings for outreach with service levels, List of businesses with service levels
program data and tonnage collection each month (if and program information, and if
available)possible, the tonnage collection.each
month
Start design of outreach materials Draft outreach materials (postcards,
signage; etc.)
2016— 4th Quarter 3rd Quarter Reporting - Due October 31, 2016 Quarterly Report 14,990.00
October —
December)Finish outreach materials Final copy of outreach materials
postcards, signage, etc.)
Start outreach to businesses by November 1, 2016
RES.B Page 67 of 85
Data collection on businesses: Recording the number businesses
contacted
Recording the number of outreach
pieces such as postcards, flyers,
guidelines, etc. delivered to business
Recording the number of businesses
who start a food waste program
Recording the pounds/tons of food
waste diverted by using service level
data from the local hauler or compost
facility, and when possible on-site
waste audit reporting
Number of pounds/tons of food
donated (if possible)
Recording monthly cost savings
resulting from businesses that start a
food waste program
Recording qualitative feedback from
businesses that start a food waste
program.
Funding: King County Food Waste Grant 2016•Budget Total $29,990.00
2017— 1st Quarter 2016 4th Quarter Reporting— Due January 31, 2017 Quarterly Report
January— March)
Renew Project Team Consultant &contract for
2017 Signed 15t Addendum for Service
Agreement
RES.B Page 68 of 85
Meet with City to review outreach strategy and action
plan Outreach Strategy and Action Plan
Update business listings for outreach with service
levels, program data and tonnage collection each month List of businesses with service levels
if available)
and program information, and if
possible, the tonnage collection each
month
Review and update (if needed) design of outreach
media materials Media materials (postcards, signage,
etc.)
Data•collection on businesses: Recording the number businesses
contacted
Recording the number of outreach
pieces such aspostcards, flyers,
guidelines, etc. delivered to business
Recording the number of businesses
who start a food waste program
Recording the pounds/tons of food
waste diverted by using service level
data from the local hauler or compost
facility, and when possible on-site
waste audit reporting
Number of pounds/tons of food
donated (if possible)
Recording monthly cost savings
resulting from businesses that start a
RES.B Page 69 of 85
food waste program
Recording qualitative feedback from
businesses that start a food waste
program.
2017— 2nd Quarter 1st quarter reporting — Due April 30, 2017 Quarterly Report
April—June)
Finish outreach pieces (if needed) Finalcopy of pieces (postcards,
signage, etc.)
Continue outreach to local food product businesses
Data collection on businesses: Recording the number of businesses
contacted
Recording the number of outreach
pieces such as postcards, flyers,
guidelines, etc. delivered to business
Recording the number of businesses
who start a food waste program
Recording the pounds/tons of food
waste diverted by using service level
data from the local hauler or compost
facility, and when possible on-site
waste audit reporting.
Number of pounds/tons of food
donated (if possible)
Recording monthly cost savings
resulting from businesses that start a
RES.B Page 70 of 85
food waste program
Recording qualitative feedback from
businesses that start a food waste
program.
2017 — 3rd Quarter 2nd Quarter reporting— Due July 31, 2017 Quarterly Report
July— September)
Continue outreach to businesses
Data collection on businesses: Recording the number of businesses
contacted.
Recording the number of outreach
pieces such as postcards, flyers,
guidelines, etc. delivered to business
Recording the number of'businesses
who start Mood waste program.
Recording the pounds/tons of food
waste•diverted by using service level
data from the local hauler or compost
facility, and when possible on-site
waste audit reporting
Number of pounds/tons of food
donated (if possible)
Recording monthly cost savings
resulting from businessesthat start a
food waste program
Recording qualitative feedback from
businesses that start a food waste
RES.B Page 71 of 85
program.
2017—4th Quarter 3rd Quarter reporting — Due October 31, 2017 Quarterly Report
October—
December)Review outreach strategy and make any necessary Same as 2017 3rd Quarter
changes. Continue outreach businesses
Data collection on businesses: Recording the number businesses
contacted
Recording the number of outreach
pieces such as postcards, flyers,
guidelines, etc. delivered to business
Recording the number of businesses
who start a food waste program
Recording the pounds/tons of food
waste diverted by using service level
data from the local hauler or compost
facility, and when possible on-site
waste audit reporting
Number of pounds/tons of food
donated (if possible)
Recording monthly cost savings
resulting from businesses that start a
food waste program
Recording qualitative feedback from
businesses that•start a food waste
program.
RES.B Page 72 of 85
2018 — 1st Quarter 2017 4th Quarter Final Reporting — Due April 30, 2017 Quarterly Report
January — March)
Renew Project Team Consultant & Staff contract for Signed 2nd Addendum for Service
2018 Agreement
Meet with City to review outreach strategy and final Outreach Strategy and Action Plan
action plan
Update business listings for outreach with service List of businesses with service levels
levels, program data and tonnage collection each month and program information, and if
if available)
possible, the tonnage collection each
month
Review and update (if needed) design of outreach Media materials (postcards, signage,
media materials etc.)
Recording the number businesses
Data collection on businesses: contacted
Recording the number of outreach
pieces such-as postcards, flyers,
guidelines, etc. delivered to business
Recording the number of businesses
who start a food waste program
Recording the pounds/tons of food
waste diverted by using service level
data from the local hauler or compost
facility, and when possible on-site
waste audit reporting
Number of,pounds/tons of food
donated (if possible)
Recording monthly cost savings
RES.B Page 73 of 85
resulting from businesses that start a
food waste program
Recording qualitative feedback from
businesses that start a food waste
program.
2018 — 2nd Quarter 1st quarter reporting— Due April 30, 2018 Quarterly Report
April—June)
Continue outreach to businesses. Recording the number of businesses
contacted
Recording the number of outreach
pieces such as postcards, flyers,
guidelines, etc. delivered to business.
Recording the number of businesses
who start a food waste program
Data collection on businesses: Recording the pounds/tons of food
waste diverted by using service level
data. from the local hauler or
compost facility, and when possible
on-site waste audit reporting
Number of pounds/tons of food
donated (if possible)
Recording monthly cost savings
Final Reporting — Due July 13, 2018 resulting from businesses that start a
food waste program
Recording qualitative feedback from
businesses that start a food waste
RES.B Page 74 of 85
program.
Final Report.
Funding for 2017-2018 from King County WRR
Grant: $29,990. Total Project$59;000
TOTAL GRANT BUDGET: 29,990:00:
TOTAL:
RES.B Page 75 of 85
Project Budget - Exhibit C
Prime Organization:City of Auburn Solid Waste&Recycling Division I Project Tltle:ICommercial Food Waste Outreach Program
Instructions:
Expenses incurred prior to grant awards are not eligible for funding. Insert additional rows as needed. Please round to the nearest dollar,except for the fully burdened hourly rate,which can be
entered as dollars and cents.Where applicable,make entries in yellow boxes.Neither a cash match nor expenses provided in-kind are required to receive grant but they will be looked on favorably
in proposal evaluation.
Definitions:
Cash Match:the percentage,if any,that would be the responsibility of the grant recipient
Total Cash Match:the calculated amount of the cash match,based on the cash match percentage,which is the portion of the line item Total that would be the responsibility of the grant recipient
Fully burdened hourly rate:hourly rate,including fringe benefits,but excluding overhead and profit,which will be used to calculate the reimbursement amount for individuals that comprise project
personnel
In-kind amount:the dollar value of goods,commodities or services relevant to line item provided that would be the responsibility of the Prime Organization
Prime Organization:The organization/business that would be responsible for the project and whose representative would sign the grant contract
Other Project Team Members(Subcontractorsj:Organizations/businesses that are formally part of the proposing team,led by the Prime Organization
Other Contractual:Entities that the Prime Organization or Other Project Team Members would contract with to carry out parts of the project
Amount to be paid by grant funds:amount expected to reimbursed to the Prime Organization by King County
NA:not applicable
Parti.
Amount to
Cash Total Cash be paid
Match, Match, with grant Total
if any if any funds Project
PERSONNEL-FOR PRIME ORGANIZATION
Fully Number of
burdened hours on
Name Job title Employer hourly rate project Total
Joan Nelson Solid Waste Supervisor City of Aubum SO 0! 0% 50 50 50
RES.B Page 76 of 85
Solid Waste Customer Care
Kathleen Edman Specialist City of Aubum 1560 50 0% 0 0 0
0 0 0 50
PERSONNEL FOR OTHER PROJECT TEAM MEMBERS(SUBCONTRACTORS) 0
Fully Number of
burdened hours on
Name Job title Employer hourly rate project Total
Kim Ducole' Principal Resource Stewards,LLC 5 85.00 612 52,020 50% $26,010 $26,010 $52,020
Lynne MacMillian-Stephans Outreach Staff Resource Stewards,LLC 55.00 0 0 NA 0
Melissa Kenn Outreach Staff Resource Stewards,LLC 55.00 0 0 NA 0
All Personnel Subtotals 26,010 $26,010 $52,020
EQUIPMENT AND OTHER CAPITAL PURCHASES I
Description
IMPORTANT:This grant will not pay equipment or other capital purchases,other that software specifically designed to reduce commercially
generated food waste.List here these types of expenses that are required to carry out the project.These expenses would be the responsibility In-kind
of the Prime Organization.In any,list in the in-kind column. amount, Total
If any Project
0
0
0
Equipment and Other Capital Purchases
Subtotals 50 0
SUPPLIES
Amount to be In•klnd
paid with grant amount, Total
Description funds If any Project
RES.B Page 77 of 85
Product of outreach materials such as flyers,posters,signage,postcards,guidelines,training materials. $3,980 3,000 $6,980
SO
SO
0
Supplies Subtotals. X$3,980. 3,000 $6,980
OTHER(trave0milleage at$.511miie,printinglduplication,etc.)
Amount to be In-kind
paid with grant amount,Total
Description funds if any Project
NA NA 0
NA NA 0
NA NA 0
NA NA 0
Other Subtotals 0 0 0
Total Project Part I. I $59,000
Part 115
OTHER CONTRACTUAL
Amount to
Number of be paid In-kind Total
Number of staff hours on with grant amount, amount of
Name of firm or other entity Address and Website Description of services on this project this project funds If any contract
0
0
0
0
Other Contractual
Subtotals 0 0. 0
Total Project Part II. SO
Total In-kind I $3,0001
ITotal Cash Match I $26,0101
RES.B Page 78 of 85
ITeta[tribe paid by grant I $29,9901
Project Total Budget (Part I. +Part II.) 59;000
Budget Narrative:Please add any notes to help explain the information presented on the worksheet above. I I I I
City will need$29.990 for Consultant&supplies at the start of the 2016 contract.The balance of$29.010 will be funded 100%by 2017-2018 King County WRR Grant.
RES.B Page 79 of 85
Exhibit D
Department of Labor & Industries SELF-INSURED EMPLOYER
Self Insurance Section CERTIFICATE OF EXCESS INSURANCE
P.O..Box 44891
Olympia, WA 98504-4891
It is necessary to complete this form if your firm elects to reinsure Its workers'compensation liability. Please have your InsuranceproviderassistyouInproperlycompletingthisform. This information is required In accordance with RCW 51.14 020(5)and WAC 296-15-
050.
Official Use Only UBI Account ID
Self-Insurer: City of Auburn
Name/Address of Excess Insurer: Midwest Employers Casualty Company
14755 North Outer Forty Drive, Suite 300
Chesterfield, Missouri 63017
Policy Number: EWC008921
New Policy
X Policy Renewal (Old Policy Number, if changed)
Change to Policy
Cancellation of Policy (Effective Date of Cancellation)
Reinstatement of Policy
Policy Period: 01/01/2016 to 01/01/2017
Type of Policy:Specific: Retention: 500,000
Maximum Liability of Excess Insurer: STATUTORY
Aggregate: Retention: N/A
Maximum Liability of Excess Insurer: N/A
This policy contains the following endorsements:
X This policy is not intended to provide for the payment of any costs,benefits or compensation
YBS No which the self-insured employer may be obligated to pay pursuant to the provisions of Title 51
RCW,in excess of 80%of any such liabilities,as required by RCW 51.14 020(5).
X It is further understood that this excess insurance company and its personnel do not
Yes No participate in the administration of the responsibilities of the self-insured under Title 51 RCW.
D. z.
Date:12/23/2015 By:
Excess Insurer: Midwest Employers Casualty Company
F207-095-000 self-insured employer cert.of excess insurance 1-89 Official Use Only
LINUS LOTUS
Date certificate issued: 12/23/2015
RES.B Page 80 of 85
WA '1 cities
Insurance Authority
P.O. Box 88030
Tukwila, WA 98136
Phone. 206-575-6046
February 17, 2016 Fax. 206-575-7,126
King County
Procurement and Payables Section
Chinook Building, 3`" Floor, CNK-ES-0340
401 Fifth Avenue
Seattle, WA 98104
RE: City of Auburn
RFP 1023-16-VLN Food Waste Incentives Non-Residential Target
Evidence of Coverage
The City of Auburn is a member of the Washington Cities Insurance Authority (WCIA),
which is-a self-insured pool of over 160 public entities in the State of Washington.
WCIA has at least$1 million per occurrence combined single limit of liability coverage
with a$2 million aggregate limit in the event an incident occurs that is deemed to be
attributed to the negligence of the member.. Liability coverage includes general liability,
automobile liability, stop-gap, excess liability and professional liability.
WCIA was created by an interlocal agreement among public entities and liability is self-
funded by the membership. As there is no insurance policy involved and WCIA is not an
insurance company, your organization cannot be named as an additional insured.
Sincerely,
Eric B. Larson
Deputy Director
cc: Rob Roscoe
Kathleen Edman
RES.B Page 81 of 85
Exhibit H Dopervnoni of Exowdve Services
1f Boer,of Ethics
CNK-ES-0216
King County Consultant Disclosure 401FIMA0810Sella 216
Seethe.WA 09104
20100.10].7011 Fax 109-206.4329
TTY alo7 711KingCountyeoamRomiwxinpoounry.m
Please read carefully. No payment will be made to the Consultant Dale Received
For Board of AVM Delo
until this form has been flied with the Contract and with the King Ethics ueo only Dale Closod
County Board of Ethics
Pursuant to King County Code (K.C.C.) 3.04.120, each consultant entering Into a contract to provide professional or
technical services to the county costing in excess of the amount specified in K.C.C. 4.16.095 shall complete and file this
disclosure form with the King County Board of Ethics and the County Executive. Use additional pages, If necessary.
Submit two completed forms: file one with the Board of Ethics, Mail Stop CNK-ES-0215, 401 Fifth Avenue, Suite 215,
Seattle,WA 98104, and the other with the contract with the Finance and Business Operations Division, Procurement and
Contract Services Section, Mail Stop CNK-ES-0340,401 Fifth Avenue, Suite 340, Seattle, WA 98104.
Unless otherwise required on this form, the information disclosed shall cover the period of 24 months before and
including the date of filing of this sworn statement. If the information reported on this form should change, the consultant
is required to submit an amended form.
For purposes of this disclosure form, "consultant" means a person (e.g., individual, partnership, association, corporation,
firm, institution or other entity as defined in K.C.C. 3.04.017)who by experience,training and education has established a
reputation or ability to provide professional or technical services, as defined in K.C.C. 4.16.010, on a discrete,
nonrecurring basis over a limited and pre-established term as an independent contractor to the County.
Please type or print all Information, except required signature.
Incomplete forms will be returned.
Today's Date June 15, 2016
Contract Number 5861388 Amount of Contract $29,990.00
Consultant's Name City of Auburn Solid Waste Division
Address 25 West Main Street Phone Number +1 (253) 931-5103
City Auburn State Washington ZIP Code 98001
Effective Date of Contract 8-1-16 Expiration Date of Contract 7-31r18
Type of Services Contracted Commercial Food Waste Reduction Outreach & Education
Contracting County Dept.King County Division Solid Waste Division
County Contact Person Karen May
Contact Work Phone +1 (206)477-5281 Mall Stop Karen.May@KingCounty.gov
0652(Rev. 1/2013) Consultant Disclosure-Page 1 of 3RES.B Page 82 of 85
1. List the name of any former county employee who Is or will be working for the consultant on this contract
whose employment with the county ended within two years from the signing of this form.Attach a separate sheet
if necessary.
If none, check this box SZ
Name of Former Employee
Former County Department
Date Terminated/Ended
2.List the name of any former county employee who has a financial or beneficial interest In this contract whose
employment with the county ended within two years from the signing of this form.Attach a separate sheet if
necessary.
If none, check this box [I
Name of Former Employee
Former County Department
Date Terminated/Ended
3. List any office or directorship in the consultant held by any county employee or member of his or her
immediate family.Attach a separate sheet if necessary.
If none, check this box r
Office/Directorship
Name
Relationship to Employee
4. Indicate any financial interest in the consultant held or received by any county employee or any member of his
or her immediate family.Attach a separate sheet if necessary.
If none, check this box (X:
Name
Relationship to Employee
Percentage of stock or other form of interest in the consultant, if more than 5% (indicate percentage of stock or other
interest, amount/value and describe)
Receipt of compensation, gift, or thing of value from the consultant(indicate amount/value and describe)
0652(Rev.1/2013) Consultant Disclosure-Page 2 of 3RES.B Page 83 of 85
5. List all contracts between the consultant and the county In the five years Immedlately preceding the presently
contemplated contract. Attach a separate sheet if necessary.
If none, check this box fR
Contract No. Type of Service Provided Amount Paid to Consultant Duration(From-To) County Department and Division
6. List any position(s) on any county board or commission,whether salaried or unsalaried, held by any officer or
director of the consultant in the five years immediately preceding the presently contemplated contract.
If none, check this box r
Officer/Director Name
Position
Name of County Board or Commission
7. Is there any other information known to the consultant about any interest or relationship between any county
employee, including any member of his or her Immediate family and the consultant other than disclosed above?
If so, please explain.
If none, check this box (x
Declaration
I, Joan Nelson print name), declare under penalty of perjury under the laws
of the State of Washington that the foregoing is true, complete, and correct.
Signature a Title Solid Waste Supervisor
Signed this is day ofJune month), 2016
at Auburn city)Washington state)
Alternate Formats Available
206-296-1586 TTY Relay 711
0652(Rev. 1/2013) Consultant Disclosure-Page 3 o13RES.B Page 84 of 85
Request for Taxpayer Identification number and Give form to Kind County.
KING COUNTY Certification Do not send to IRS.
SUBSTITUTE W-9
Name (as shown on Invoice)
Business Type
Association C-Corporation S-Corporation E Disregarded Entity
Division Government E Individual
Limited Liability Company: Enter tax classification(C=C-Corporation,S=S-Corporation,P=Partnership®
Non Profit Partnership Sole Proprietor E Trust/Estate
Business Registration Information
Enter where you are registered to do business and the corresponding State Registration Number
State: Washington Registration Number: 171-000-010
Purchasing Location Information
Physical Address
25 W Main Street
City , State, and Zip
Auburn, WA 98001
Remittance Information
Remit Address (if different than above)
City , State, and Zip
Tax Reporting Name and Tax Identification Number or Social Security Number
Enter your Tax reporting Name and address. The Tax Identification number provided must match the name
given on the"Tax Reporting Name" line. For individuals, this is your social security number(SSN).
Tax Reporting Name
City of Auburn
Tax Reporting Address
25 W Main Street
Tax Reporting City, State, and Zip
Auburn, WA 98001
Tax Identification Number, Employer Identification Number or Social Security Number:
9 1 6 0 0 1 2 2 8
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct tax reporting name and identification number.
2 I am a U.S. citizen, U.S. person or U.S. Business Entity.
3- I am not subject to backup withholding due to failure to report interest and dividend income.
4. I am exempt from FATCA reporting.
Certification instructions. If you are not a U.S. citizen, U.S. person or U.S. Business Entity, you must cross
out item 2 above.You will n--. to provide a com fete ing County W9 form as well as a copy of your W-8.
Sign Here• G
J Print.Name of Signer oan Nelson Date Signed 4/7/16
Version: 2 King County Substitute W9 Dated 2/23/2015
RES.B Page 85 of 85