HomeMy WebLinkAbout10-17-2016 CITY COUNCIL AGENDACity Council Meeting
October 17, 2016 - 7:00 PM
Auburn Community and Event Center
910 9th Street SE
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Pregnancy and Infant Loss Awareness Month
Mayor Backus to proclaim, October 2016, as Pregnancy and Infant Loss
Awareness Month in the city of Auburn.
B. Auburn High School DECA National DECA Month
Mayor Backus to proclaim November 2016 as DECA Month in the city of Auburn.
C. Auburn Mountainview High School DECA Week
Mayor Backus to proclaim October 23-29, 2016, as DECA Week in the city of
Auburn.
D. Auburn Mountainview High School Entrepreneurship Week
Mayor Backus to proclaim November 14-20, 2016 as Global Entrepreneurship
Week in the city of Auburn.
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2017-2018 Preliminary Biennial Budget (Coleman)
City Council to conduct a public hearing on October 17, 2016 to receive
public comments, proposals and suggestions with regard to the 2017-2018
Preliminary Biennial Budget, including revenue estimates and possible
increases in property taxes.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
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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 October 3, 2016 City Council Meeting*
B. Claims Vouchers (Coleman)
Claims voucher numbers 440915 through 441128 in the amount of
$3,684,614.19 and four wire transfers in the amount of $3,894.63 and dated
October 17, 2016.
C. Payroll Vouchers (Coleman)
Payroll check numbers 536774 through 536813 in the amount of $565,088.16
and electronic deposit transmissions in the amount of $1,429,179.17 for a grand
total of $1,994,267.33 for the period covering September 29, 2016 to October
12, 2016.
D. Public Works Project No. CP1411* (Snyder)
City Council approve Final Pay Estimate No. 3 to Contract No. 16-14 in the
amount of $57,988.67 and accept construction of Project No. CP1411,
Muckleshoot Indian Tribe Master Meters
E. Call for Public Hearing on Preliminary 2017-2018 Biennial Budget
(Coleman)
City Council to call for a public hearing to be held November 7, 2016, to receive
public comments and suggestions with regard to development of the preliminary
2017-2018 Biennial Budget.
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6617* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating
new sections 13.48.245, 13.48.246, 13.48.247 and 13.48.425 of the City Code,
and amending sections 12.04.010, 13.41.010, 13.41.050, 13.48.005, 13.48.010,
13.48.110, 13.48.180, 13.48.225, 13.48.230, 13.48.240, 13.48.250, 13.48.420,
13.48.440, 15.74.010, 15.74.020, 15.74.050, 17.02.030, 17.09.050, 17.09.070,
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17.10.020, 17.10.070, 17.10.120, 17.12.010, 18.50.010 and 18.50.040 of the
City Code relating to Low Impact Development
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6617.)
B. Ordinance No. 6622* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, authorizing
municipal indebtedness and approving the Drinking Water State Revolving Fund
Loan Agreement for Coal Creek Springs Transmission Main Replacement
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6622.)
C. Ordinance No. 6623* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving
the Final Plat of Canyon Creek at Peasley - Division 2
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6623.)
XI. RESOLUTIONS
A. Resolution No. 5250* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, setting a
public hearing to consider a Franchise Agreement with Northwest Pipeline LLC
(RECOMMENDED ACTION: City Council adopt Resolution No. 5250.)
B. Resolution No. 5251* (Heid)
A Resolution of the City Council of the City of Auburn, Washington, setting a
public hearing to consider a franchise agreement with Lakehaven Utility District
(RECOMMENDED ACTION: City Council adopt Resolution No. 5251.)
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
B. From the Mayor
XIII. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
2017-2018 Preliminary Biennial Budget
Date:
October 11, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to conduct a public hearing on October 17, 2016 to receive public
comments, proposals and suggestions with regard to the 2017-2018 Preliminary
Biennial Budget, including revenue estimates and possible increases in property
taxes.
Background Summary:
This is the initial public hearing providing an opportunity for any citizens to make
comments, proposals, and suggestions regarding the Preliminary 2017-2018 Biennial
Budget. Additional, public hearings will be held prior to the adoption of the budget.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:October 17, 2016 Item Number:PH.1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 3, 2016 City Council Meeting
Date:
October 12, 2016
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:October 17, 2016 Item Number:CA.A
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City Council Meeting
October 3, 2016 - 6:00 PM
Auburn Community and Events Center
910 9th Street SE
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Deputy Mayor Largo Wales called the meeting to order at 6:00 p.m. in the
Auburn Community and Events Center located at 910 9th Street SE in
Auburn. Deputy Mayor Wales led those in attendance in the Pledge of
Allegiance.
Mayor Nancy Backus arrived at 6:01 p.m.
B. Roll Call
City Councilmembers present: Deputy Mayor Wales, Bob Baggett, John
Holman, Bill Peloza, Yolanda Trout-Manuel and Rich Wagner.
Councilmember Claude DaCorsi arrived at 6:32 p.m. Councilmember
Trout-Manuel left the meeting at 7:33 p.m.
Junior City Councilmembers present: Chair Sydney Campbell, Matthew St.
George, Tyler Cushing, Justen Hardaway, Diego Izquierdo, Jon
Kosaka, Tanner Johnson. Member Thomas was not present.
Department directors and staff members present included: City Attorney
Dan Heid, Chief of Police Bob Lee, Police Commander Steve Stocker,
Police Officer Darrell Jones, Director of Administration Dana Hinman,
Executive Assistant to the Mayor Tamie Bothell, Communications
Coordinator Kalyn Brady, Human Services Program Coordinator Emily
Pearson, Community Development and Public Works Director Kevin
Snyder, Assistant Director of Engineering Services/City Engineer Ingrid
Gaub, Parks, Arts and Recreation Director Daryl Faber, Innovation and
Technology Assistant Director Ashley Riggs, and Deputy City Clerk Shawn
Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
There was no announcement, proclamation or presentation.
III. APPOINTMENTS
A. White River Valley Museum Board Appointments
City Council to confirm the following two appointments to the White River
Valley Museum Board for terms to expire on December 18, 2018:
• James Bothell
• Gordy Nishimoto
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CA.A Page 6 of 179
Councilmember Holman moved and Councilmember Baggett seconded to
appoint James Bothell and Gordy Nishimoto to the White River Valley
Museum Board.
Councilmember Holman noted both men have served on the board
previously and have longstanding ties to the community.
Councilmember Peloza noted both appointees will be a good fit, and the
City is lucky they are willing to serve. Councilmember Peloza reported he
served with Mr. Nishimoto on the Museum Board approximately 15 years
ago.
Deputy Mayor Wales stated she has heard many great things about the
proposed nominees. She expressed a desire that Council be provided full
applications for any potential appointment prior to the meeting in the future.
Mayor Backus noted the staff did provide Council with information on each
proposed appointee prior to the meeting via email. The practice of providing
Council the full application is a courtesy.
MOTION CARRIED UNANIMOUSLY. 6-0
IV. AGENDA MODIFICATIONS
There was no change to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
There was no public hearing scheduled 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.
There was no audience participation.
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 Baggett reported on behalf of the Finance ad hoc committee
that reviews claims and payroll vouchers. Councilmember Baggett reported he
and Councilmember Wagner reviewed the claims and payroll vouchers as
presented and described on this evening's agenda and recommend their
approval by Council.
VII. CONSENT AGENDA
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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 November 23, 2015 Council Study Session
B. Minutes of the September 19, 2016 Regular City Council Meeting
C. Claims Vouchers (Coleman)
Claim voucher numbers 440718 through 440914, dated October 3rd, 2016
in the amount of $1,665,443.18 and three wire transfers in the amount of
$197,042.50.
D. Payroll Vouchers (Coleman)
Payroll check numbers 536730 through 536773 in the amount of $699,694.51, electronic
deposit transmissions in the amount of $1,431,088.30 for a grand total of $2,130,782.81
for the period covering September 15, 2016 to September 28, 2016.
E. Public Works Project No. CP1202 (Snyder)
Approve Final Pay Estimate No. 10 to Contract No. 15-01 in the amount of
$129,991.37 and accept construction of Project No. CP1202, Auburn Way
South Flooding Improvements Phase 2
F. Public Works Project No. CP1605 (Snyder)
Approve Final Pay Estimate No. 2 to Contract No. 16-16 in the amount of
$85,607.49 and accept construction of Project No. CP1605, Herr Properties
Demolition.
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to approve the Consent Agenda.
Deputy Mayor Wales stated the Consent Agenda consists of minutes,
claims and payroll vouchers, contracts, and public works projects.
MOTION CARRIED UNANIMOUSLY. 6-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
Deputy Mayor Wales moved and Councilmember Wagner seconded to repeal
the ordinances and resolutions in place that effected Council Study Sessions.
Deputy Mayor Wales stated that when the Councilmembers ran for office it was
to provide leadership to the community. The Study Session format gives
leadership opportunity to the Deputy Mayor but at the expense of the leadership
opportunities previously provided to the other Councilmembers by the
committee chair positions. Council Committees provided equal
opportunity for Councilmembers that is now limited by the Council Study Session
format. She stated Council does not have the same ability to attain information
and have become generalist and lack specificity. She said Councils' ability to
provide policy filters has been hampered by the new process.
City Attorney Heid stated if the motion passes, staff would draft an ordinance to
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CA.A Page 8 of 179
address repealing the referenced ordinances and resolutions. The only way
to repeal an ordinance is through another ordinance; and by Council rules, an
ordinance must go to a Council Study Session prior to a Council meeting for
consideration.
Councilmember Holman stated he would like more information. He would like
additional time to prepare a rebuttal. He stated the proposed action is not the
best way to achieve open transparent government.
Councilmember Wagner stated he believes the Council needs to have more in-
depth discussions regarding utilities and public works. The Council Committees
had more in-depth discussions and prepared suggestions from staff. He
suggested the Deputy Mayor add a date requirement to her motion. The main
reason he supported the Study Session process originally was to be able to
discuss City issues with other Councilmembers without violating the Open
Public Meetings Act.
Councilmember Peloza stated the Council has operated under the
Study Session format for nearly two years. He is disappointed in the limited
Study Session agenda process. He stated the Study Session process has
weakened the City Council's depth and knowledge of City issues. He
stated the Study Session process has denied the Council their legislative body
power.
Councilmember Trout-Manuel stated she agrees the Council Committee way of
business is better. She ran for office to be able to be a chair of a committee.
Councilmember Baggett stated he attended several committee meetings prior to
being on Council. He said there was a lot of details and information resolved in
the Council Committees prior to being presented to full Council. He said the
Council should review the process.
Councilmember Holman stated he was disappointed in his fellow
Councilmembers for the obvious prepared statements and discussing this issue
privately. Councilmember Holman stated the existence of Council Committees
started power struggles between the committees with staff in the middle. With
the Study Session format, all Councilmembers hear the information at the same
time. If Council feels they are not getting the information they want, it is because
Council is not asking the questions. Councilmember Holman stated the
previous Council Committee system was seniority based and Junior
Councilmembers had less authority or ability to effect change. Councilmember
Holman stated every Councilmember needs an equal voice.
Councilmember Peloza stated when he began his tenure on the Council, it took
six years to become a chair of a Council Committee. Councilmembers need to
work hard and earn a chair position. He stated the good ol' boys and girls have
kept the City running over the years.
Councilmember DaCorsi noted when he joined the Council he was on two
committees. Because he was on two committees, he could not have a
conversation with another Councilmember as it was a violation of the Open
Public Meetings Act. He felt he was a committee of three and not a Council of
seven. He could not ask other Councilmembers questions to help with the
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CA.A Page 9 of 179
transition of becoming a Councilmember. He felt Council is at a
disadvantage when members receive information from staff at different times.
Councilmember Wagner stated there will need to be more Study Sessions if the
Council chooses to revert to Council Committees.
Mayor Backus stated Council is able to request and receive information at any
time. Those topics that Councilmembers indicated were items for full Council
discussion were brought before the full Council for consideration.
Councilmember Peloza called for the question.
MOTION CARRIED. 4-3 Councilmembers DaCorsi, Baggett and Holman voted
no.
X. DISCUSSION ITEMS
A. Joint Council and Junior City Council Meeting
1. Homelessness (Hinman)
2. Parking (Snyder)
3. Distracted Driving (Lee)
4. Internet Availability (Haugan)
5. Heroin and Prescription Opiate Abuse (Stocker)
Homelessness
Director Hinman reviewed the recommendations of the Task Force
on Homelessness. The Task Force on Homelessness provided 56
recommendations. Council and staff are working on implementing
the recommendations. The City is currently actively working on 19 of the
recommendations.
Junior City Council Chair Campbell asked how the City responds to
homeless minors. Director Hinman stated the City first attempts to reunite
the minor with family, if that is a safe and stable option. If not, staff tries to
find services for that minor.
Junior City Councilmember Izquierdo stated Auburn High School has a high
student homeless rate. He asked what the City doing to help students know
what resources are available to them specifically. Director Hinman stated
the City works very closely with the school district. The City first attempts to
find housing for the student and their family and then helps with other issues
that may arise.
Mayor Backus stated homelessness is an ongoing issue. It is the duty of the
Mayor and Council to protect all citizens in Auburn. Rapid rehousing has a
concern that many of the barriers to finding housing need to be lowered.
Director Hinman requested the Junior City Councilmembers review the
recommendations and provide input to City staff.
Parking
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CA.A Page 10 of 179
Director Snyder stated the debate on parking has two sides: either there is
not enough or there is too much parking. The two kinds of parking the City
has control over are on-street parking and off-street commercial parking.
Parking in the downtown area is difficult because there is more demand
than supply. The City, property owners and businesses have to work
together to come up with solutions that work for all parties.
Distracted Driving
Officer Jones played a video with distracted driving scenarios. He
explained that in 2014 431,000 people were injured in motor vehicle
accidents and 3,179 people were killed in distracted driving accidents.
Distracted driving has the same effect on peoples driving as alcohol. Officer
Jones reviewed ACC 10.12.410 referring to distracted driving. He
encouraged everyone to take the pledge to not drive distracted.
Junior City Council Chair Campbell asked is the City has any plans to
have a competition between the Auburn High Schools. Officer Jones stated
that is an option they are looking into.
Junior City Councilmember Izquierdo asked if the Police Department has
considered working with the local drivers education programs. Officer Jones
stated the Police Department is working on setting up a partnership with the
drivers education programs.
Councilmember Peloza asked if the video Officer Jones presented could be
played on the City's Television Station 21.
Internet Availability
Assistant Director Riggs stated the Innovation and Technology Department
has been working to expand the City's infrastructure to allow everyone to
have the ability to have internet access.
Junior City Councilmember Cushing stated students are required to take
tests online. Occasionally the Wi-Fi cuts out and tests cannot be
completed. Assistant Director Riggs stated all students will hopefully have
access to Wi-Fi in the future.
Councilmember Peloza asked for the the estimated costs for the pilot
project. Assistant Director Riggs stated the pilot project will cost
approximately $10,000.00.
Deputy Mayor Wales asked for the location of the pilot project. Assistant
Director Riggs explained it is in the Mt. Baker Middle School area.
Mayor Backus explained due to the late hour and the scheduled Domestic
Violence Awareness Vigil, the Council and Junior City Council will hear
the Heroin and Opiate abuse discussion on another date.
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.Page 6 of 7
CA.A Page 11 of 179
A. From the Council
Councilmember Holman moved and Councilmember DaCorsi seconded to
suspend Council and Mayor Reports.
MOTION CARRIED UNANIMOUSLY. 6-0
B. From the Mayor
Due to time constraints, there was no report from Mayor Backus.
XII. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 7:58 p.m.
APPROVED this 17th day of October, 2016.
___________________________________ _____________________________
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
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CA.A Page 12 of 179
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
October 12, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims voucher numbers 440915 through 441128 in the amount of $3,684,614.19
and four wire transfers in the amount of $3,894.63 and dated October 17, 2016
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:October 17, 2016 Item Number:CA.B
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
October 12, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 536774 through 536813 in the amount of $565,088.16
and electronic deposit transmissions in the amount of $1,429,179.17 for a grand total
of $1,994,267.33 for the period covering September 29, 2016 to October 12, 2016.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:October 17, 2016 Item Number:CA.C
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1411
Date:
October 10, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Final Pay Estimate No. 3
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 3 to Contract No. 16-14 in the amount of
$57,988.67 and accept construction of Project No. CP1411, Muckleshoot Indian Tribe
Master Meters.
Background Summary:
This project isolated the Muckleshoot Indian Tribe (MIT) Casino’s onsite water system
from the City’s public water system by installing two master meter vaults with backflow
assembly enclosures at the MIT Casino site located at 2600 Auburn Way South and
disconnecting three existing water mains nearby.
Note that the format of the final pay estimate document has changed from previous
final pay documents because they are now being created using E-Builder, the City's
project management software. The first page of the document summarizes the overall
amount earned, retained, and paid to the Contractor while the remaining pages
provide a detailed breakdown of payment items, estimated and actual quantities.
A project budget contingency of $57,692.00 remains in the 460 Water Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:October 17, 2016 Item Number:CA.D
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Project No: CP1411 Project Title:
Project Manager: Matthew Larson
100% Design Cost
Initiation Date: ____9/14/2014_____ Permission to Advertise
Advertisement Date: __5/24/2016__ Contract Award
Award Date: __6/20/2016____ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2015 (Actual)2016 Future Years Total
460 Fund - Water Repair and Replacements 4,419 18,410 523,170 546,000
0
Total 4,419 18,410 523,170 0 546,000
Activity Prior Years 2015 (Actual)2016 Future Years Total
Design Engineering - City Costs 4,419 18,410 42,207 65,037
Construction - Contract 396,496 396,496
Line Item Changes (28,193)(28,193)
City Procured Constuction Materials 24,968 24,968
Construction Engineering - City Costs 30,000 30,000
Total 4,419 18,410 465,478 488,308
Prior Years 2015 (Actual)2016 Future Years Total
*460 Funds Budgeted ( )(4,419)(18,410)(523,170)0 (546,000)
460 Funds Needed 4,419 18,410 465,478 0 488,308
*460 Fund Project Contingency ( )0 0 (57,692)0 (57,692)
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
460 Water Budget Status
BUDGET STATUS SHEET
Muckleshoot Indian Tribe Master Meters
Date: October 5, 2016
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1411-Muckleshoot Master Meters\3.00 Project Management\3.20
Budget\CP1411_BudgetStatusSheet.xls 1 of 1CA.D Page 17 of 179
CA.D Page 18 of 179
CA.D Page 19 of 179
CA.D Page 20 of 179
27th
ST27th FIR PL1st ST
SE
WELL 3A/3B
WELL 4
WELL 1
PROJECT
LOCATION
CA.D Page 21 of 179
AGENDA BILL APPROVAL FORM
Agenda Subject:
Call for Public Hearing on Preliminary 2017-2018 Biennial
Budget
Date:
October 11, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to call for a public hearing to be held November 7, 2016, to receive public
comments and suggestions with regard to development of the preliminary 2017-2018
Biennial Budget.
Background Summary:
This is the second public hearing held concerning the preliminary 2017-2018 Biennial
Budget. This provides an opportunity for any citizens to make comments or
suggestions on the preliminary budget. A third and final public hearing will be held
prior to the adoption of the biennial budget
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:October 17, 2016 Item Number:CA.E
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6617
Date:
October 12, 2016
Department:
Public Works
Attachments:
Ordinance No. 6617
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6617.
Background Summary:
Ordinance No. 6617 authorizes modifications in the City of Auburn’s municipal code to
make Low Impact Development (LID) principles and best management practices
(BMPs) the preferred and commonly-used approach to new development,
redevelopment, and construction site activities. These changes are in accordance with
the requirements of the City’s National Pollutant Discharge Elimination System
(NPDES) Western Washington Phase II Municipal Stormwater Permit.
Discussions were held with the Planning Commission on June 21, July 19, and August
16, 2016, along with public hearings conducted on July 19 and August 16. Public
comment was received by King Snohomish Master Builders Association, Pierce
County Master Builders Association, and Puget Soundkeepers. On August 16, 2016
the Planning Commission deliberated and voted on a recommendation to adopt the
proposed modifications to Auburn City Code, as summarized below:
ACC 12.04 Public Works Construction
• Recommend revisions to 12.04.010 B(2) to establish the 2014 Department of
Ecology Stormwater Management Manual for Western Washington (DOE
SWMMWW)
https://fortress.wa.gov/ecy/publications/summarypages/1410055.html,
and Supplemental Manual for use within the City of Auburn, as the City’s
Surface Water Management Manual (SWMM).
A presentation to the City Council on the DOE SWMMWW and the Supplemental
Manual is scheduled for the October 10, 2016 study session.
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ACC 13.41 Utility Systems Development Charge
• Recommend that the System Development Charge (SDC) credit for the use of
LID in 13.41.050 (B) is eliminated. Current City Code provides a System
Development Charge (SDC) credit of up to 70% to encourage the use of LID.
Since consideration of LID is shifting from voluntary to mandatory beginning in
2017, this is no longer needed.
• Recommend removal of LID definition in 13.41.010 (E); the term is eliminated
from this chapter with the revision above, and is defined adequately in other
chapters.
ACC 13.48 Storm Drainage Utility
• Recommend revision of Purpose in 13.48.005 to better describe the goals of the
Storm Utility, including: regulatory compliance; protection of property and
surface water bodies; and provisions for maintenance, planning, collection of
utility rates, and enforcement.
• Recommend modifying 13.48.005 C from “promote LID...as appropriate” to
“require LID…where feasible”.
• Recommend revision and adding definitions in 13.48.010 relative to LID and the
update of the City’s SWMM.
• Recommend adding to 13.48.180 to provide authority to establish necessary
recorded instrument that defines location of required storm BMPs and
maintenance obligations.
• Recommend revisions to 13.48.225 to conform with updates to Ecology’s
Minimum Requirements and require the use of LID principles and BMPs per the
DOE SWMMWW.
• Recommend revision to 13.48.230 B to change “impervious” to “hard” surfaces
to match new DOE definitions and requirements.
• Recommend adding section 13.48.425 Low Impact Development in Ground
Water Protection Areas to protect ground water sources of drinking water in
Ground Water Protection Zones defined in ACC 16.10.080 by not allowing the
use of LID infiltration facilities that collect runoff from pollution-generating
surfaces without also including enhanced treatment.
• Recommend adding sections 13.48.245 Permit – Application,13.48.246Permit
– Approval, and 13.48.247Permit - Revocation to establish code requirements
for storm drainage permits.
ACC 15.74 Land Clearing, Filling and Grading
• Recommend revision of Intent in 15.74.010 to require implementation of LID
principles for land clearing, filling, and grading activities.
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 24 of 179
•Recommend revision of Scope in 15.74.020 to require that all land disturbing
activities meet the provisions of ACC 13.48, including meeting standard LID
requirements where applicable.
• Recommend revision of Exemptions in 15.74.050 to clarify that other sections of
the Auburn City Code will still apply to activities exempted from the requirements
of this specific chapter.
ACC 17.02 General Provisions
• Recommend revision of Purpose in 17.02.030 to incorporate consideration of
LID principles into subdivision layouts.
ACC 17.09 Short Subdivisions
• Recommend revision of 17.09.050 D(2) and K to include consideration of LID
principles in storm drainage/site grading plans for short subdivisions and
addition of requirement to notify individual property owners of location,
responsibilities, and requirements related to LID stormwater management
facilities.
ACC 17.10 Preliminary Subdivisions
• Recommend addition of 17.10.020 D(4e.i) and (4e.ii) to require identification of
location and maintenance responsibilities for proposed LID facilities in
preliminary plat applications.
• Recommend addition of 17.10.070 H to include consideration of LID principles in
preliminary plat findings of fact.
ACC 17.12 Final Subdivisions
• Recommend addition of 17.12.010 D(17) to require notification of individual
property owners and/or associations of the location, responsibilities, and
requirements associated with LID and stormwater management facilities in final
plat documents.
ACC 18.50 Landscaping and Screening
• Recommend expanding Intent in 18.50.010 to include LID principle of using
landscaping to disconnect impervious surfaces.
• Recommend expanding Applicability in 18.50.020 to specifically exclude single-
family and duplex units on existing lots located within subdivisions.
• Recommend adding 18.50.040 A(5) to allow LID facilities to be included in
minimum landscaping requirements.
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 25 of 179
•Recommend revision to Notes for Table 18.50.040(A) to include preference for
the LID design principles of preserving native coniferous vegetation and planting
of native plant species.
• Recommend revision to 18.50.040 C(1), (1a), and (1c) to include LID principles
in Landscape Design.
• Recommend revision to 18.50.040 C(4) to allow the use of bumper blocks in
parking lot landscaping when used as part of a LID design.
This version of the Ordinance varies from the prior version in that the language related
to Cluster Subdivisions (Chapter 17.26 ACC) has been deleted – and would be
unchanged. The issues related to Cluster Subdivisions may be reviewed for possible
modification separately at a later time.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:October 17, 2016 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 26 of 179
ORDINANCE NO. 6 6 1 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING NEW SECTIONS
13.48.245, 13.48.246, 13.48.247 AND 13.48.425 OF THE CITY
CODE, AND AMENDING SECTIONS 12.04 010, 13.41.010,
13.41 050, 13.48.005, 13.48.010, 13.48.110, 13.48.180, 13.48.225,
13.48.230, 13.48.240, 13.48.250, 13.48.420, 13.48.440, 15.74.010,
15.74 020, 15 74.050, 17.02.030, 17.09.050, 17 09.070, 17 10.020,
17 10.070, 1710120, 17 12.010, 18.50.010 AND 18.50.040 OF
THE CITY CODE RELATING TO LOW IMPACT DEVELOPMENT
WHEREAS, in connection with its storm drainage programs, the City of Auburn,
Washington, has a National Pollutant Discharge Elimination System (NPDES) Westem
Washington Phase II Municipal Stormwater Permit ("PermiY'); and
WHEREAS, the requirements of this Permit include meeting requirements
mandated by the Washington State Department of Ecology (DOE) to make Low Impact
Development (LID) principles and best management practices (BMPs) the preferred and
commonly-used approach to new development, redevelopment, and construction site
activities; and
WHEREAS, LID includes land planning and engineering design apprbaches
intended to reduce stormwater runoff by using on-site natural features and distributed
stormwater management practices to mimic pre-disturbance hydrologic processes and
protect water quality; and
WHEREAS, the NPDES Permit specifically requires the City of Auburn to comply'
with Special Condition S5.0 4.a by implementing an ordinance or other enforceable
mechanism to address runoff from new development, redevelopment, and construction
Ordinance No. 6617
October 4, 2016
Page 1ORD.A Page 27 of 179
site activities that includes the minimum requirements, thresholds, and definitions in
Appendix 1 of the City's Permit; and
WHEREAS, the City can demonstrate that its criteria and requirements will
protect water quality, reduce the discharge of pollutants to the Maximum Extent
Practicable (MEP), and satisfy State of Washington All Known, Available, And
Reasonable Treatment (AKART) requiremenfs by adopting DOE's Sformwater
Management Manual for Westem Washington (DOE SWMMVVVV); and
WHEREAS, this requirement can be met by amending Section 12.04 010.B.2 of
the Auburn City Code (ACC), establishing the 2014 DOE SWMMWW and City of
Auburn Supplemental Manual as the City's Surface Water Management Manual
S1NMM); and
WHEREAS, the NPDES Permit specifically requires the City of Auburn to comply
with Special Condition S5 C 4 f.i, which requires the City to review, revise and make
effective its local development related codes, rules, standards, or other enforceable
documents to incorporate and require LID principles and BMPs no later than December
31, 2016, where such revisions make LID the preferred and commonly-used approach
to site development by minimizing impervious surfaces, native vegetation loss, and
stormwater runoff in all types of development situations; and
WHEREAS, the City has conducted a thorough review and revision gap analysis
process of its local development related codes, rules, standards, or other enforceable
documents, as outlined in the document "Integrating LID into Loca/ Codes: A Guidebook
for Local Govemments" (Puget Sound Partnership, 2012), the results of which have
Ordinance No. 6617
October 4, 2016
Page 2ORD.A Page 28 of 179
been documented in a series of spreadsheets covering the Guidebook's main topics,
including following:
Site Planning and Assessment;
Healthy Soils,
Landscaping,
Native Vegetation and Street Landscaping;
Hard and Impervious SurFaces;
Bulk and Dimensional Considerations;
Clearing and Grading;
Streets and Roads;
Parking;
Design Guidelines and Standards;
Stormwater Management and Maintenance;
Subdivision and Planned Unit Development; and
Critical Areas and Shoreline Management;
and
WHEREAS, it is appropriate to incorporate these considerations into the City's
annual stormwater report to be submitted to DOE by March 31, 2017, as required in
Special Condition S5.C.4.f.ii; and
WHEREAS, it is also appropriate for the City to meet its NPDES Permit Special
Conditions by revising and updating the provisions of the pertinent sections of the City
Code.
NOW, THEREFORE, THE CITY GOUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to Citv Code. That a new Section 13.48.245 of the
Auburn City Code be, and the same hereby is created to read as follows:
73.48.245 Permit—Application.
Any owner or authorized agent who intends to initiate a new development or
redevelopment project involving the activities in ACC 13.48.240 shall first make an application to
the city and obtain the required permit for the work. Applications shall be prepared by a
professional civil engineer licensed by the state of Washington and shall conform to the city's
design standards and SWMM per Chapter 12.04 The city engineer shall have the authority to
accept an application not prepared by a licensed professional civil engineer if the city engineer
Ordinance No. 6617
October 4, 2016
Page 3ORD.A Page 29 of 179
determines the scope of the project is such that a detailed set of plans is not required. An
application for a storm drainage permit shall be applied for, and where possible, processed
concurrently with any other necessary permits or approvals.
Section 2. New Section to._Citv.Code. That a new Section 13.48.246 of the
Auburn City Code be, and the same hereby is created to read as follows:
13.48.246 Permit— Approval.
The city engineer shall have the authority to approve, modify, approve with conditions, or
deny the permit in accordance with the intended purposes of ACC 13.48.005. The city engineer
shall also have the authority to determine the time frame when the new devglopment or
redevelopment project shall commence, when the project is to be completed, designated haul
routes, seasonal and weather restrictions, and hours of operation.
Section 3. New Section to Citv Code. That a new Section 13.48.247 of the
Auburn City Code be, and the same hereby is created to read as follows:
13.48.247 Permit— Revocation.
Failure of the property owner and/or permittee to comply with any or all of the provisions
of this chapter or ariy or all provisions of a storm drainage permit, including, but not limited to,
the Stormwater Site Plan and the Operations and Maintenance Plan may cause the city
engineer to revoke the permit. If the permit is revoked, all operations shall cease until such time
that the noncompliance is corrected.
Section 4. New Section to Citv Code. That a new Section 13.48.425 of the
Auburn City Code be, and the same hereby is created to read as follows:
13.48.425 Low Impact Development in Ground Water Protection Areas.
The city of Aubum has designated Ground Water Protection Areas (also known as
Zones") in conformance with the requirements of Section 16.10.080.(F) of the city code. To
protect ground water sources of supply, LID facilities that include infiltration of runoff from
pollution-generating surfaces shall not be allowed without enhanced treatment within Ground
Water Protection Zones 1 and 2.
Section 5. Amendment to Citv Code. That Section 12.04 010 of the Aubum
City Code be and the same hereby is amended to read as follows:
12.04.010 Adoption of engineering construction standards and engineering design
standards.
A. Adopted — Engineering Construction Standards. The engineering construction
standards include the following documents and manuals which are herein referred to as the
engineering construction standards" and are adopted by reference:
1 'fhe Standard Plans (M21-01) for Road, Bridge, and Municipal Construc.tion prepared
by the Washington State Department of Transportation, the latest publication and amendments
Ordinance No. 6617
October 4, 2016
Page 4ORD.A Page 30 of 179
thereto, as determined appropriate for city infrastructure by the city engineer and for
conformance with adopted city engineering design standards.
2. The Standard Specifications for Road, Bridge and Municipal Construction, the latest
English) edition publication and amendments thereto as issued by the Washington State
Department of Transportation as supplemented and amended through special provisions by the
city engineer for specific construction applications and for conformance with adopted city
engineering design standards.
3. The City of Aubum Engineering Standard Details, a manual of specific plans or
drawings developed and adopted by the city of Auburn department of public works which show
frequently recurring components of work that have been standardized for repetitive use, as
supptemented and amended by the city engineer for specific construction applications and for
conformance with adopted city engineering design standards.
B. Adopted — Engineering Design Standards. The engineering design standards as
approved, supplemented and amended by the city engineer for specific design applications and
in consuftation with the city council on policy issues or broad citywide implications shall include
the following documents and manuals which are herein referred to as the "engineering design
standards" and are adopted by reference:
1 A manual of specific enqineerina design requirements which shows frequently
recurring public transportation and utility infrastructure standards.
2. The City of Aubum Surface Water Management Manual (SWMM) which is the 289
2014 Department of Ecolopv
Stormwater Manaqement Manual for Western Washinqton and its Suqplemental Manual for
use in the city of Aubum. The SWMM is a manual of specific requirements related to stortn
drainage management.
C. Adopted — Highway Access Management. Chapter 468-52 WAC, Highway Access
Management—Access Control Class cation System and Standards, and amendments thereto,
with the exception of WAC 468-52-060 and 468-52-070, is adopted by reference with the
following amendments:
1 All references to the "DepartmenY' shall be changed to "city of Auburn."
2. All references to Chapter 468-51 WAC or sections thereof shall be changed to "City of
Auburn Engineering Design Standards." (Ord. 6532 § 14, 2014, Ord. 6283 § 1, 2009; Ord. 6258
1, 2009; Ord. 6157 § 1, 2008; Ord. 5042 § 1 (Exh. B), 1998.)
Section 6. Amendment to Citv Code. That Section 13.41.010 of the Auburn
City Code be and the same hereby is amended to read as follows:
13.41.010 Definitions.
As used in this chapter, unless the context otherwise requires:
A. "Capacity facilities" includes but is not limited to:
1 Water system infrastructure including: water sources, treatment facilities, interties,
pump stations, pressure reducing stations, standby generators, reservoirs, distribution, anii
transmission mains and appurtenances needed for distribution, fire protection and pressure.
2. Sanitary sewer system infrastructure including: lift stations, standby generators, force
mains, conveyance lines and appuRenances needed to collect and transport sewage for
treatment and disposal or to eliminate a storm and sanitary sewer cross connection.
3. Storm drainage system infrastructure including: pump stations, standby generators,
storage facilities, water quality facilities, stream, creek or river improvements and conveyance
lines needed to collect, transport and dispose of storm drainage, eliminate storm and sanitary
Ordinance No. 6617
October 4, 2016
Page 5ORD.A Page 31 of 179
sewer cross connections, eliminate storm and surface water flooding and water quality
probtems, and treatment and disposal facifities.
B.
Fe,
BS-fee alsulat+or-"Parcel non-sinqie-famiiv° means anv parcel of developed land other
than sinqle-famiiv or two-familv (dup exl residential-
C. "Utility systems development charge" is a charge imposed on new customers,
or existing customers revising use of their property, in recognition of the previous investment
of the city and its customers in the utility systems.
E . "—:o-i+ast-develo rnea#-E61--9;;,. .- ='.or r-water araaQe ^,,,,n,
laa-develeprnent-strete9'/-t+at-erx pbasiaes--ser servation-a+d-Fse-af-on-sft ^` •-„p;Q:
iateg ate-w`
predevel
ble
p,s#ien--T-ea+x-oFKao^;+ ^-RPQa (Ord. 6391 § 1, 2011, Ord. 6341 § 1, 2011, Ord. 6283 § 2,
2009; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479§ 2, 1990; Ord. 3510 § 2, 1980.)
Section 7. Amendment.to Citv Code. That Section 13.41.050 of the Aubum
City Code be and the same hereby is amended to read as follows:
13.47.050 Credits.
All system development charge credits shall be documented in writing as negotiated
between the land developer and the city engineer
Fl-1f a developer provides a capacity facility that benefits other properties as identified
within the appropriate utility comprehensive plan, a systems development charge credit may be
granted under the provisions of this chapter
R. -a-el
z,,n,
r-Previde
ameant t#
as__a p Ge,F}p\ F I4. T f_I ;mn.+n,'.. c c^rf N,aQQ-{.-L.Q n 4he ini.l re. nf
Y" `^tl"I
ifxt ewioasst#ac of-ie-de T. (Ord. 6391 § 1, 2011, Ord. 6341 § 1, 2011, Ord. 5801 §
1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 5, 1980.)
Section 8. Amendment to Citv Code. That Section 13.48.005 of the Aubum
City Code be and the same hereby is amended to read as follows:
13.48.005 Purpose.
The city has determined that a storm drainage utility and associated regulations w+14
avoid-ttie-sreatio-e bl+er+utsa+ace i t eas-and
Ordinance No. 6617
October 4, 2016
Page 6ORD.A Page 32 of 179
J(-0I 10 @__tl-,,. ..i L.I' h ..14h ..fni.r ....J I ioli;r-0 th t .-... nf A h i(_Ik3 IG
rt pwr
rtuisar ces—wodld—eensist-e are necessary to protect the public health safetv and qenerai
welfare of the citizens of Auburn promote sound development policies and construction
procedures which respect and preserve the citv s natural resources and prevent the creation of
public nuisances that would occur without such utiiitv and requlations The purpose of the storm
drainaqe utilitv is to
U+ce Ero4led-ve4ar+e-i+srease;-rate;oK-se"lead-sf-r+nef
ate-reseurce-h
a,_,
ti +
c ral+tY:
Jaase--E4
Mapisipal-ter+r avateFP r-mit-
A Maintain the citv's compliance with the National Pollutant Discharae Elimination
System (NPDES) Western Washinqton Phase II Municipal Stormwater Permit;
B Maintain the citv's compiiance with federal flood insurance proprams:
C Re4uire the inteqration of Low Imqact Development pohcies procedure_s and
BMPs into the citv's stormwater infrastructure where feasible,
D Control and qrevent the floodinq of propertV both public and qrivate,
E. Mana e uncontrolled volume increase. rate or contammated load of runoff
F. Maintain and rotect existin water resources such as creeks streams rivers
ponds lakes qroundwater and other water bodies
G Maintain and protect water used for contact recreation apuatic habitat,_ and
aesthetic qualitv.
H Provide for the planninq securitv desiqn construction use maintenance repair
and insqection of the storm and surface water svstem:
I Protect the functions and values of critical areas as reauired under the State's
Growth Manaoement Act and Shoreline Manaqement Act;
J Provide for enforcement of the provisions of this code the enqineerinq
construction standards and the enqineerinq desiqn standards per ACC 12 04 and related city
manuals and code provisions,
K Establish rates and charqes that provide a method of pavment ot all or anv part
of the cost and expense of maintaininq and operatinq stormwater control facddies all or any paR
of the cost and expense of planninq desidninq establishinp acawrinq develoqinq constructing
and improvinq stormwater control facilities or all or anv portion of anv issue of qeneral
obliqation or revenue bonds issued for such purpose. (Ord. 6251 § 1, 2009, Ord. 5853 § 1,
2004, Ord. 5212 § 1 (Exh. J), 1999; Ord. 4776 § 1, 1995.)
Section 9. Amendment to Citv Code. That Section 13.48.010 of the Aubum
City Code be and the same hereby is amended to read as follows:
13.48.010 Definitions.
The following words when used in this chapter shall have the following meanings. Where
ambiguity exists, technical words or phrases shall be interpreted in accordance with the city'ssurfacewatermanagementmanual; nontechnical words or phrases will be given their dictionary
meaning.
Ordinance No. 6617
October 4, 2016
Page 7ORD.A Page 33 of 179
A. "Base rate" means the monthly charge for service from the storm drainage utility to
recover costs incurred by the utility such as administrative, billing and collection.
B. "Best management practices (BMPs)" means the schedules of activities, prohibitions
of practices, maintenance procedures and structural and/or managerial practices that, when
us.ed singly or in combination, prevent or reduce the release of pollutants and other adverse
impacts to waters of Washington State.
C. "Charge in lieu of assessment" means a charge made by the city on property which
has not previousiy participated in the cost of a public storm drainage line directly serving the
propeRy
D
Connection" means the connection
of all storm drainaqe disposal lines and flow from contributinq surface area from all development
on a propertV to a public or private storm drainaqe sVstem
E. "Detention" means the temporary storage of storm and surface water runoff with
provisions for the controlled off-site surface release of the stored water
F "Director" means the director of communitv development and public works dfresto-of
the city of Auburn or designee.
G. "Emerging technology" means water pualitv treatment technologies that are currently
being evaluated for performance.
H. "Enqineerinq construction standards and engineerinq desiqn standards" means the
requirements adopted under Chapter 12 04 ACG for storm drainaqe sanitarv sewer
transportation and water facilitv desiqn and construction.
I_"Equivalent service unit (ESU)" means a configuration of development or impervious
surfaces estimated to contribute an amount of runoff to the city's storm drainage system which
is approximately equal to that created by the average single-family residential parcel. One ESU
is equal to 2,600 square feet of impervious surtace area or any portion thereof.
J "Hard Surface" means an impervious surface a permeable pavement or a veqetated
roof.
K "Illicit connection" means any manmade conveyance that is connected to a municipal
separate storm sewer without a permit, excluding roof drains and other similar type connections.
Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets,
or outlets that are connected directly to the municipal separate storm sewer system.
dL. "Iliicit discharge" means any discharge to a municipal separate storm sewer that is
not composed entirely of storm water except discharges pursuant to a NPDES permit (other
than the NPDES permit for discharges from the municipal separate storm sewer) and
discharges resulting from firefighting activities.
KM. "Impervious surface' means a hard surface area that either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development. Impervious
surface also means a hard surtace area which causes water to run off in greater quantities or
at an increased rate of flow from the flow under natural conditions prior to development.
Common impervious surfaces include, but are not limited to, roof tops, walkways, patios,
driveways, parking lots, storage areas, standard Portland cement concrete P( CC) or asphalt
cement concrete (AC) paving, gravel roads, packed earthen materials, and oiled macadam or
other surtaces which similarly impede the natural infiltration of storm water Open, uncovered,
retention/detention facilities shall not be considered as impervious surfaces for the purpose of
determining whether the thresholds for application of minimum requirements are exceeded.
Open, uncovered retention/detention facilities shall be considered impervious surtaces for
purposes of runoff modeling.
Ordinance No. 6617
October 4, 2016
Page 8ORD.A Page 34 of 179
N. "Land disturbing activity" means any activity that results in movement of earth, or a
change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil
topography Land disturbing activities include, but are not limited to, clearing, grading, filling,
and excavation. Compaction that is associated with stabilization of structures and road
construction shall also be considered land disturbing activity Vegetation maintenance practices
are not considered land disturbing activity
AAO. "Low impact development (LID)" means a storm water management and land
development strategy applied at the parcel and subdivision scale that emphasizes conservation
and use of on-site natural features integrated with engineered, small-scale hydrologic controls to
more closely mimic predevelopment hydrologic functions.
NP "National Pollutant Discharge Elimination System (NPDES)" means the national
program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing
permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318,
and 405 of the federal Clean Water Act, for the discharge of pollutants to surface waters of the
state from point sources. These permits are referred to as NPDES permits and in Washington
State are administered by the Department of Ecology
9Q. "New developmenY' means land disturbing activities, including Class IV — general
forest practices that are conversions from timber land to other uses; structural development,
including construction or installation of a building or other structure; creation of Ir{ewie hard
surtaces; and subdivision, short subdivision and binding site plans, as defined and applied in
Chapter 58.17 RCW Projects meeting the definition of redevelopment shall not be considered
new development.
RR. "Parcel" means the smallest separately segregated unit or plot of land having an
identified owner, boundaries, and surface area which is documented for tax purpose and given
a tax lot number by the appropriate county assessor for the county in which the parcel is sited.
S "Parcel, developed" means any parcel which has been altered by grading or filing of
the ground surtace, or by construction of any improvements or other ia pew+e s-hard surface.
F T "Parcel, non-single-family" means ariy parcel of developed land other than single-
family or hvo-family (duplex) residential.
SU "Parcel, single-family residential" means any parcel of land having on it a single
detached dwelling unit which is designed for occupancy by one family or a similar group of
people.
1/ "Parcel, two-family (duplex) residential° means any parcel of developed land having
one duplex (two-family dwelling) per lot.
1W "Parcel, undeveloped" means any parcel which has not been altered from its
natural state by grading or filling of the ground surface, or by construction of any improvements
or ir ryerwous hard surfaces.
X "Redevelopment" means on a site that is alreadv substantiallv developed (i.e., has 35
percent or more of existinq hard surface coveraqe) the creation or addition of hard surfaces the
expansion of a bwidinq footprint or addition or replacement of a structure structural
development includinq construction installation or expansion of a buildinq or other structure
replacement of hard surface that is not part of a routine maintenance activitv: and iand
disturbinq activities
VY "Retention" means the storage of storm and surtace water runoff with no provisions
for off-site surface release of the stored water other than by evaporation, ar d-infiltration. and low
impact development strateqies.
n a ei.,....,e..+^ ,,, ..,,
Ordinance No. 6617
October 4, 2016
Page 9ORD.A Page 35 of 179
ar-a##e st ctare;Keplase e e a eruic eas-s Ease t a-+s-racaE--
ac#iu+Ey-an-aar3d-cl+s#i+Kbi g-astiuitie
XZ. "Runoff' means water that travels acro"ss the land surfaces and discharges to water
bodies either directly or through a collection and conveyance system. See also "Storm water"
AA. "Source control BMP" means a structure or operation that is intended to prevent
pollutanfs from coming intb contact with sform water through physical separation of areas or
careful management of activities that are sources of pollutants. Source control BMPs can be
divided into two types. Structural source control BMPs are physical, structural, or mechanical
devices or facilities that are intended to prevent pollutants from entering storm water
Operational source control BMPs are nonstructural practices that prevent or reduce pollutants
from entering the storm water
Z-BB. "Storm drainage facility" means any natural stream/creek or constructed
component of Auburn's storm drainage system or other storm drainaqe svstem.
RRCC "Storm drainage system" means the total system of storm drainage facilities as
described in ACC 13.48.030.
8$DD "Storm water" means runoff during and following precipitation and snowmelt
events, including surface runoff and drainage.
GEE. "SWMM" as referred to in this chapter means the City of Auburn Surface Water
Management Manual-wh^
ame de#er-u as adopted in chapter 12.04 of the city code.
88FF "Utility" means the city storm drainage utility created by the ordinance codified in
this chapter
GG. °Watercourse" means a channel, either natural or manmade, in which a flow of
water occurs, either continuously or intermittently
HH. "Water quality treatment" means an engineered and approved facility to remove
coritaminants in the ezisting flow regime of storm water generated from a developed parcel
pursuant to applicable design standards in place at the time of approval. (Ord. 6283 § 3, 2009;
Ord. 6251 § 2, 20 9; Ord. 5853 § 1, 2004, Ord. 5530 § 1, 2001, Ord. 5359 § 1, 2000; Ord. 5293
2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998; Ord. 4492 §4, 1991 )
Section 10. Amendment to Citv Code. That Section 13 48.110 of the Auburn
City Code be and the same hereby is amended to read as follows:
73.48.770 Measurement of impervious area.
The city shall determine the number of square feet of impervious surface in all non-
single-family parcels, excluding undeveloped parcels, and the fotal surFace area of each such
I parcel of real property, using the amount of impervious surface provided bv the appiicant. the
best available source data as obtained through the records of the appropriate county assessor
for the county in which the parcel is sited, aerial photographic methods, or applicable
engineering drawings. Within the limits of the source data, accuracy to two-tenths of an
equivalent service unit will be made. Impervious surface created incidental to a lot line
adjustment to separate an undeveloped parcel from a developed parcel and which results in
impervious surface less than two-tenths of an equivalent service unit upon the undeveloped
parcel shall not be subject to a storm drainage charge. (Ord. 5853 § 1, 2004, Ord. 5530 § 1,
2001, Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991 )
Ordinance No. 6617
October 4, 2016
Page 10ORD.A Page 36 of 179
Section 11. Amendment to Citv Code. That Section 13.48.180 of the Aubum
City Code be and the same hereby is amended to read as follows:
13.48.180 Inspection and compliance with storm drainage requirements.
A. The Citv shail have the authoritv to estabiish the necessarv recorded instrument that
identifies required storm best manaqement practices location and maintenance oblipations.
B_Duly authorized personnel of the city shall have free access to private property at
hours subject to the provisions of ACC 1.20.010 for the purpose of inspecting private stortn
drainage systems, the manner in which they are being used, and the satisfactory compliance
with the prbvisions of this aRicle.
C Any property, where the existing storm drainage facilities were constructed per
apprbved construction plans, found to be in nonconformance with such plans, shall be required
to correct ail such nonconformances as directed by the city If, after proper notice, the property
owner does not comply with set requirements as directed tiy the city, then the city shall have the
authority to correct such nonconformances and bill the propeRy owner for all reasonable costs.
Any delinquent payments shall constitute a lien as fixed by ACC 13.06:300.
SD Inspections of storm water treatment and flow control facilities shall be performed by
the city at a frequency to comply with the Western Washington Phase II Municipal Stormwater
NPDES Permit.
8E. New residential developments that are part of a larger common plan of development
or sale shall be inspected every six months during the period of heaviest house construction
i.e., one to two years following subdivision approval or until 50 percent of build-out is achieved)
to identify maintenance needs ancl enforce compliance with the maintenance standards as
needed. (Ord. 6283 § 4, 2009; Ord. 5853 § 1, 2004, Orii. 5212 § 1 (Exh. J), 1999; Ord. 4492 §
4, 1991 )
Section 12. Amendment to Citv.Code. That Section 13.48.225 of the Auburn
City Code be and the same hereby is amended to read as follows:
13.48.225 Drainage standards— Review and approval.
All development shall meet all applicable general and design requirements in
accordance with the city of Auburn engineering design and construction standards and, for
purposes of that portion of the standards set forth in the City of Auburn Surface Water
Management Manual, the following provisions shall apply
A. Pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit
issued by the Department of Ecology, the city has implemented a storm water management
program that requires the use of City of Auburn Surface Water Management Manual, hereinafter
referred to as the "SWMM."
B. The following activities that discharge to the storm drains, either directly or indirectly,
are regulated through the storm water management program under this chapter
1 Existing discharges and land uses that discharge to the storm drains, either directly or
indirectly
2. New development and redevelopment.
3. Storm water maintenance activities.
C. Requirements for Existing Discharges and Land Uses. If the city engineer determines
that the discharges from an existing drainage control facility cause or contribute to an illicit
Ordinance No. 6617
October 4, 2016
Page 11ORD.A Page 37 of 179
discharge, a threat to public health and safety, or a violation of the city's municipal storm water
NPDES permit or this chapter, the city engineer shall require the responsible party to implement
and maintain operational BMPs in accordance with Volume IV of the SWMM. If the city engineer
determines that the discharges causing or contributing to the problem cannot be adequately
addressed by operational BMPs, the city engineer may require the responsible party to
undertake more stringent or additional BMPs, which may include structural BMPs or other
actions necessary to cease causing or contributing to the problem or violation.
D Minimum Requirements for New Development and Redevelopment. New
development and redevelopment activities ha#—are required to obtain city permits and shall
comply with the following minimum requirements, in accordance with the city's municipal storm
water NPDES permit and in accordance with the thresholds and requirements in the SWMM:
1 Preparation of a Storm Water Site Plan. All projects shall prepare a stormwater site
pian for review and approval by the city engineer or his/her designee that identifies and
describes how all storm water qenerated from a development activitv will be manaqed on site.
Stormwater Site Plans shall be desiqned in accordance with Volume I Chapter 3 of the SWMM.
Exception Existinq sinqle famiiv and duplex lots are exempt from this requirement when all of
the followinq criteria are met:
a The lot is located within a subdivision that was aqproved under stormwater
requlations in effect between January 1 1987 and December 31, 2016, and
b The lot can connect to an existinp centralized stormwater manaqement svstem
oriqinallV desipned to collect stormwater qenerated from the entire lot (e.q. house, drivewaV,
patios vard, etc.).
2. Preparation of a Construction Storm Water Pollution Prevention Plan for Erosion and
Sediment Control. This plan shall be designed to comply with the requirements and purposes of
the SWMM, this section, any other applicable sections of ACC Titles 15, 16, 17 and 18 and any
departmental guidelines promulgated by the city engineer The plan shall be designed,
submitted and implemented to address the following:
a. Mark clearing limits;
b. Establish construction access routes and controls;
c. Control flow rates;
d. Install sediment controls;
e. Stabilize soils;
f. Protect slopes;
g. Protect storm drain inlets;
h. Stabilize channels and outlets;
i. Control pollutants;
j. Control dewatering;
k. Maintain BMPs; and
I. Manage the project.
m Protect LID BMPs
3. Source Control of Pollutants. Source control BMPs shall be selected, designed,
apptied and maintained in accordance with the SWMM and any departmental guidelines
promuigated by the city engineer
4 Preservation of Natural Drainage Systems. Natural discharges from the site shall be
maintained, shall occur at the natural location to the maximum extent practicable, and must not
cause a significant adverse impact downstream or down gradient.
5. On-Site Storm Water Management. Where appropriate, projects shall employ on-site
storm water management BMPs to infiitrate, disperse, and retain storm water runoff on site to
the maximum extent feasible without causing flooding, erosion, water quality or groundwater
impacts. The city eace ages--requires the use of low impact development (LID) prinaples and
Ordinance No. 6617
October 4, 2016
Page 12ORD.A Page 38 of 179
BMPs usinq the proiect thresholds standards and requirements oresented in the SWMM to
meet this minimum requirement. The city ay-allew-shall repuire low impact development (LID)
designed in accordance with the SWMM,
o",PP.
6. Runoff Treatment. All projecfs that meet the thresholds for runoff treatment in Volume
I of the SWMM shall provide water quality treatment in accordance with 4he SWMM. The use of
emerging technologies for storm water treatment will be considered in accordance with Volume
V of the SWMM.
7 Flow Control (Detention). All projects that meet the thresholds for flow control in
Volume I of the SWMM shall provide flow control in accordance with the SWMM. Additionally, all
projects shall address the need to provide water quality controls according to the design criteria
as determined by the city engineer The requirement for storm water detention will also be
determined by pipe capacity and storm water discharge location, as provided in the SWMM.
8. Wetlands. Discharges to wetlands shall maintain the hydrologic conditions,
hydrophytic vegetation, and substrate characteristics necessary to support existing and
I
desigried functions. Documentation shall be provided that identifies the methodolopv and data
that supports these conclusions The methodoloav shall be consistent with the most current
accepted Washinqton State Department of Ecoloqv standards. Wetland areas are also
regulated by Chapter 16.10 ACC, Critical Areas.
9. Operations and Maintenance. An operation and maintenance (08 M) manual
consistent with city engineering design and construction standards shall be provided for all
proposed storm water facilities, and the BMPs and party (or parties) responsible for operation
and maintenance shall be identified. A copy of the O&M manual shall be retained on site or
within reasonable access to the site and shall be transferred with the property to the new owner
10. Off-Site Analysis and Mitigation. All projects shall include an analysis of off-site water
quality and quantity impacts resulting from the project and shall mitigate these impacts if
necessary The analysis shall extend a minimum of one-fouRh of a mile downstream from the
project. The city engineer may require that the analysis shall extend further if deemed
necessary The existing or potential impacts to be evaluated and mitigated under this section
shall include, but are not limited to:
a. Impacts on conveyance system capacity;
b. Localized flooding;
c. Aquatic habitat (wetlands) impacts;
d. Erosion impacts, including landslide hazards;
e. Stream barik and channel erosion; and
f. Impacts to known water quality or erosion problems.
11 Geographic Specific Requirements. Projects may be subject to equivalent or more
stringent minimum requirements for erosion control, source control, treatment, wetlands
protection, and operation and maintenance, and alternative requirements for flow control as a
result of location, in accordance with Volume I of the SWMM. (Ord. 6283 § 6, 2009; Ord. 5853 §
1, 2004 )
Section 13. Amendment to Citv Code. That Section 13.48.230 of the Auburn
City Code be and the same hereby is amended to read as follows:
Ordinance No. 6617
October 4, 2016
Page 13ORD.A Page 39 of 179
13.48.230 Connections.
A. Required Connections. All non-single-family residential building permits shall be
subject to a mandatory connection to a public storm drainage system where the development
has the potential to negatively impact public or private property or receiving waters as
determined by the city or whenever an existing public system is available adjacent to the site or
where the public system is required to be constructed adjacent to the property as a condition of
development.
B. Existing Connections. Properties that apply for a building permit to make an addition,
alteration or repairs that have 2,000 square feet or more of new or new plus replaced
fa ew;o s-hard surfaces or land disturbing activity of 7,000 square feet or more must comply
with the applicable Minimum Requirements for Redevelopment as given in Volume I of the
SWMM. All redevelopment shall be required to comply with Minimum Requirement No. 2
Construction Storm Water Pollution Prevention). All redevelopment that exceeds these
thresholds shall be required to comply with additional Minimum Requirements as given in
Volume I of the SWMM. (Ord. 6283 § 8, 2009; Ord. 6015 § 1, 2006; Ord. 5853 § 1, 2004, Ord.
5530 § 1, 2001, Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 §4, 1991 )
Section 14. Amendment to Citv Code. That Section 13.48.240 of the Aubum
City Cbde be and the same hereby is amended to read as follows:
73.48.240 Storm Drainaqe Permit —
Requirements.
A. It is unlawFul for any person to construct or connect to a public or private storm
drainage system without first obtaining a written permit to do so from the city
B. It is unlawful for any person to repair or replace either a private or public storm
drainage system without first obtaining a written permit to do so from the city, unless such repair
or repiacement constitutes an emergency
C Storm drainaqe permit tvpes and cateqories shall be determined administratively bv
the city A storm drainaae permit shall be required for the foliowinq activities:
1 Addition or replacement of hard surfaces
2 Land disturbinq activities,
3 Development and use of propertv that creates a direct or indirect need for storm
drainaae facilities:
4 Connection to any storm drainaqe svstem,
5 Modification of anv storm drainaqe svstem;
6 Anv activities within a critical area and associated buffers,
7 Anv other activities as determined bv the citv enqineer to have an impact on the
storm drainaqe svstem. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord.
4492 §4, 1991 )
Section 15. Amendment to Citv Code. That Section 13.48.250 of the Auburn
City Code be and the same hereby is amended to read as follows:
13.48.250 Permit—Term.
Applications for storm permits that have been issued but not completed shall be valid for
365 days. All permits issued under the provisions of this chapter shall be valid for a period of
365 days after the date of perrimit issuance. Permits may be extended by the city, in 180-day
Ordinance No. 6617
October 4, 2016
Page 14ORD.A Page 40 of 179
increments, if an extension is applied for prior to the expiration of the permit. If the time
extension is not requested prior to the expiration of the permit, a new permit is required and an
additional fee eqLal to one-half the original permit shall be charged. (Ord. 6283 § 9, 2009; Ord.
5853 § 1, 2004, Ord. 5212 § 1 (Exh. J), 1999; Orcl. 4492 § 4, 1991 j
Section 16. Amendment to Citv Code. That Section 13 48.420 of the Aubum
City Code be and the same hereby is amended to read as follows:
13.48.420 Flood hazard areas — Floodplain development perrnits.
The city is authorized and directed to monitor and control all new development within
flood hazard areas in conformance with the requirements of Chapter 15.68 ACC. A permit
application shall be required for all such development within this area. The city shall eitherissue
or deny such permit upon review of the application and shall have the authority to require all
reasonable mitigating measures deemed necessary due to the development. The sas fee for
the floodplain development permit application shall be as set in the city of Aubum fee schedule.
Ord. 6295 § 13, 2010; Ord. 5853 § 1, 2004; Ord. 5819 § 7, 2004, Ord. 5212 § 1 (Exh. J), 1999;
Ord. 4492 §4, 1991 )
Section 17. Amendment to Citv Code. That Section 13 48.440 of the Auburn
City Code be and the same hereby is amended to read as follows:
13.48.440 Maintenance responsibility
A. Private Maintenance Responsibility The maintenance and operation of private storm
drainage systems shall be the responsibility of the property owner It shall be the responsibility
of the developer to make arrangeiiments with the occupants or owners of the subject property for
assumption of operation and maintenance in a manner subject to the approval of the city or in
accordance with the operations and maintenance program prepared for the property's storm
drainage facilities. The city may inspect the facilities in order to ensure continued use of the
facilities for the purposes for which they were built and in accordance with these arrangemerifs.
Failure to maintain the facilities in accordance with the maintenance standards listed in Fel e
1-Rppea ix-9-e the SWMM shall be considered a violation, enforceable in accordance with
Chapter 1.25 ACC.
B. B. Public Maintenance Responsibility The city shall be responsible for the
maintenance and operation of all public storm drainage facilities located within the public
easements and rights-of-way following the completion of a successful maintenance period and
the acceptance of such facilities by the city The maintenance shall be performed in accordance
with the standards listed in the SWMM. (Ord. 6283 § 12, 2009; Ord.
5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991 )
Section 18. Amendment to_Citv Code. That Section 15 74 010 of the Auburn
City Code be and the same hereby is amended to read as follows:
75.74.010 Intent.
The intent of this chapter is to regulate all land disturbing activities on all properties, and
ensure reasonable mitigation is provided as necessary to:
Ordinance No. 6617
October 4, 2016
Page 15ORD.A Page 41 of 179
A. Prevent creation of public nuisance situations, promote the public health, safety and
general welfare of the citizens of Auburn;
B. Preserve, maintain and enhance the city's physical and aesthetic character by
controlling the removal of significant trees and ground cover on undeveloped and
underdeveloped properties;
C. Encourage building and site planning practices that are consistent with the city's
natural topographical and vegetation features in a manner which provides for the reasonable
development and enjoyment, to include preservation and enhancement of views, of the
property;
D. Preserve the city of Aubum's water courses and drainage pattems; minimize surface
and ground water quality degradation; control sedimentation in creeks, streams, rivers, ponds,
lakes, wetlands, and other surface water resouraes;
E. Protect adjacent and downstream properties from the impacts associated with
changes to the property being disturbed;
F Erisure the safety and stability of public facilities;
G. Preclude the disturbance or removal of vegetation in advance of the city's evaluation
of a development proposal;
H. Implement the policies of the city's comprehensive plan.
I Maintain compliance with the Department of Ecoloqv Phase II Municipal Stormwater
Permit and require imqlementation of Low Impact Development principles as described in the
y's SWMM and defined in Chapter 13 48 ACC. (Ord. 6146 § 1, 2007, Ord. 4861 § 1, 1996;
Ord. 4775 § 1, 1995; Ord. 4266 § 1, 1988.)
Section 19. Amendment to Citv Code. That Section 15.74 020 of the Auburn
City Code be and the same hereby is amended to read as follows:
15.74.020 Scope.
This chapter shall regulate all land disturbing activities and the removal of trees, shrubs,
I and/or ground cover Ail land disturbina activities are subiect to the provisions of chapter 13.48
of the citv code. Land disturbing activities proposed within critical areas and/or land sub ect to
shoreline management jurisdiction shall be subject to Chapters 16.10 and 16.08 ACC,
respectively, and the procedural requirements of this chapter (Ord. 6146 § 1, 2007; Ord. 4861 §
1, 1996; Ord. 4266 § 1, 1988.)
Section 20. Amendment to Citv Code. That Section 15 74 050 of the Auburn
City Code be and the same hereby is amended to read as follows:
15.74.050 Exemptions.'-
The following are exempt from the requirements of this chapter
A. Removal of dead or diseased trees, shrubs, or ground cover
B. Clearing and grading associated with continuous agricultural uses, excluding timber
cutting not otherwise exempted.
C Clearing and grading not to exceed 6,999 square feet of area within individual lots, for
the purpose of the construction of a single-family home or duplex, provided a building permit
Note This section identifies exceptions intemal to this chapter The listed exceptions set forth herein do not
predude the application of requirements of other chapters of the citv code thereto.
Ordinance No. 6617
October 4, 2016
Page 16ORD.A Page 42 of 179
has been issued by the city prior to commencing the clearing and grading activities and
construction of the structure starts within 90 days of commencing clearing and grading activities.
D The removal of up to six trees per lot within any 12-month period, or for lots greater
than one acre, up to six trees per acre within any 12-month period, with fractional acres of one-
half acre or more considered to be a whole acre.
E. Clearing and grading for the construction and maintenance of public facilities as
approved by the city engineer to include water, sanitary sewer, streets, highways, storm
drainage and related facilities.
F Removal of trees, shrubs, and ground cover in emergency situations involving
immediate danger to life or property
G. Routine landscape maintenance and minor repair
H. Removal of trees and vegetation consistent with an approved surface mining permit.
I. Removal of a tree from property zoned residential that endangers a permanent
structure by being closer to the structure than the distance from the base of the tree to its top,
regardless of whether the tree is located on the same property as the structure.
J. Upon approval of the city engineer or his/her designee, excavations of less than five
feet in vertical depth and/or fills less than eight inches of vertical depth on any portion of a site
and involving the deposit or displacement of not more than a total of 500 cubic yards of material
duririg any 24-month period.
K. Upon approval of the city engineer or his/her designee, the temporary stockpiling of
less than 500 cubic yards, combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or
similar materials on a lot, tract, or parcel of land for a period not to exceed 12 months; provided,
that the stockpile has adequate coverage to prevent erosion.
L. Upon approval of the city engineer or his/her designee, the broadcasting of less than
500 cubic yards of topsoil, peat, sawclust, mulch, bark, chips, or solid nutrients used for
landscaping or soil conditioning on a lot, tract or parcel of land during any 24-month period,
provided the finished depth does not increase the grade from the existing grade by mbre than
eight inches.
M. Upon approval of the city engineer or his/her designee, the temporary stockpiling of
organic or inorganic materiats used in an approved construction project, provided the use,
location, duration, and extent of the stockpile was disclosed through the environmental or
development review process. In no case shall a temporary stockpile remain beyond a 24-month
period.
N. The creation of impervious surfaces which have a surface area less than 2,000
square feet.
O Emergency temporary sandbagging, diking, ditching, filling or similar work during or
after periods of extreme weather conditions when done to protect life or property, provided such
measures do not adversely impact adjacent properties or public facilities.
An exemption from clearing, filling, and grading permit requirements does not exempt a
property owner from the policies, criteria, and standards contained in this chapter or other
applicable local, sfate, or federal regulations or permit requirements.
The property owner is responsitile to ensure that clearing of any trees that are within
striking distance of a structure or have the potential to cause damage to others is performed by
a licensed and bonded contractor (Ord. 6283 § 14, 2009; Ord. 6146 § 1, 2007, Ord. 4861 § 1,
1996; Ord. 4266 § 1, 1988.)
Section 21. Amendment.to Citv Code. That Section 17 02.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
Ordinance No. 6617
October 4, 2016
Page 17ORD.A Page 43 of 179
17.02.030 Purpose.
The purpose of this title is to regulate the division of land lying within the corporate limits
of the city, and to promote the public health, safety and general welfare and prevent or abate
public nuisances in accordance with standards established by the state and the city, and to:
A. Prevent the overcrowding of land;
B. Promote safe and convenient travel by the public on streets and highways;
C. Promote the effective use of land;
D Provide for adequate light and air;
E. Facilitate adequate provision for water, sewerage, storm drainage, parks and
recreational areas, sites for schools and school grounds, and other public requirements;
F Identifv preserve and utilize native soils and/or veaetation for the qurposes of
reducinq stormwater discharqes promotinq qroundwater infiltration and implementinq the use
of stormwater low impact development techniques,
G Provide for proper ingress and egress;
6H. Provide for the expeditious review and approval of proposed land divisions which
comply with this title, the Aubum zoning ordinance, other city plans, policies and land use
controls, and Chapter 58.17 RCW;
k#I. Adequately provide for the housing and commercial needs of the citizens of the state
and city;
J Require uniform monumenting of land divisions and conveyance by accurate legal
description;
dK. Implement the goals, objectives and policies of the Auburn comprehensive plan.
Ord. 6239 § 1, 2009; Ord. 4772 § 1, 1995; Ord. 4501 § 2, 1991, Ord. 4296 § 2, 1988.)
Section 22. Amendment to Citv Code. l"hat Section 17 09 050 of the Aubum
City Code be and the same hereby is amended to read as follows:
17.09.050 Development requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision shall contain
sufficient square footage and lot dimensions to meet the requirements of ACC Title 18. Each lot
to be served by an on-site sewage disposal system shall be a minimum of 15,000 square feet in
area and shall also meet the minimum lot area requirements of the county department of health
rules and regulations. Land contained in access easements, tracts or panhandles shall not be
includecJ in lot area or lot dimension calculations for the purposes of this section.
B. Every lot within a shoR subdivision shall be capable of being reasonably served
by public or private sewage disposal, water, storm drainage facilities and streets. The city will
not approve a shoR subdivision for which a buitding permit cannot be issued because of
insufficient infrastructure.
C. Conformance with Adopfed Plans. Street, water, sewer and stortn drainage facilities
adjacent to or within the short subdivision shall be in conformance with adopted city ordinances,
standartls and policies. Easements for utilities recommended by such plans shail be provided to
the city, with the exact location of such easemenfs to be detertnined by the city engineer
D Floods, Flood Control and Storm Drainage.
1 Where any portion of the proposed short subdivision lies within an area of special
flood hazard or regulatory floodway, conformance with adopted city flood hazard area
ordinances, standards and policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to be submitted, as
part of the preliminarv short subdivision application, unless waived by the city engineer where
Ordinance No. 6617
October 4, 2016
Page 1 SORD.A Page 44 of 179
there is no qround disturbinq activitv Lot confiquration street and utilitv lavouts and buildinq
envelopes shall be desiqned in a manner that identifies preserves and utilizes native soils
and/or veqetation that are inteqrated into a stormwater low impact development facilitv,
consistent with the Citv's adopted stormwater manaqement manual. A conceptual storm
drainaqe/qradinq qlan shall be provided that identifies natural resources and the existinq natural
conditions.
3. The proposed subdivision should have one or more new lots in the regulatory
floodplain set aside for open space use through deed restriction, easement, subdivision
covenant, or donation to a pubiic agency The density of the development in the portion of the
development outside the regulatory floodplain may be increased in accordance with applicable
land use and subdivision regulations.
4 If a parcel has a buildable site outside the regulatory floodplain, it shall not be
subdivided to create a new lot, tract, or parcel within a binding site plari that does not have a
buildable site outside the regulatory floodplain. This provision does not apply to lots set aside
from development and preserved as open space.
E. Adjacent $treets. When any public street lying adjacent to the property being short
subdivided has insufficient width or for any other reason does not conform to minimum street
standards, in accordance with the city design and construction standards, sufficient additional
right-of-way shall be dedicated to the city and appropriate improvements shall be made by the
subdivider to conform the abutting half of the street to such standards consistent with Chapter
12.64A ACC. Deferral of such improvement requirements shall be in conformance with the city
of Auburn design and construction standards.
F Access.
1 All short subdivisions shall border on an opened, constructed and maintained public
street. All lots within a short subdivision shall either border on an opened, constructed and
maintained public street or shall be served by a private street, access easement, tract or
panhandle having direct access to such a public street. Where private streets and access
easements are provided, they shall be improved or guaranteed to the city of Auburn and be in
conformance with the city of Aubum design and construction standards.
2, All private streets, access easements and panhandles shall be capable of ineeting
the fire access requirements of Chapter 15.36A ACC and the development standards of
Chapters 17 14 and 18.31 ACC, in addition to any other requirements of this title, including, but
not limited to, an adequate surtace for access and minimum turnaround requirements on dead-
end streets or access easements as specified by the fire '^^^Taqency
3. All proposals shall ensure that all buildable lots shall have at least one access road
connected to land outside the regulatory floodplain with the surface of the road at or above the
flood protection elevation FPE) as defined in the citv code.
G. Dedication of Streets. Dedication of a public street or streets may be required,
whenever the city engineer finds that one or more of the following conditions applies:
1 The general alignment of a proposed private street, access easement or panhandle
follows the general alignment of a future arterial as shown in the comprehensive plan; or
2. The general alignment of a proposed private street, access easement or panhandle
can be reasonably modified to provide a desirable through-connection between two or rtiore
existing or plannetl public streets dr arterials; or
3. A public street would be necessary to provide adequate access to adjacent property
not sutiject to the proposed short subdivision.
H. Nonmotorized Requirements. In addition to any frontage improvement requirements
and compliance with the city's comprehensive transportation plan, sidewalks and other planning
features that assure safe walking conditions for students who walk to and from school shall be
considered.
Ordinance No. 6617
October 4, 2016
Page 19ORD.A Page 45 of 179
I. Fire Hydrants. All lots within a short subdivision shall be capable of being served liy
a fire hydrant as required by Chapter 13.16 ACC. Property zoned RC, residential conservancy,
may be exempt, provided the requirements of ACC 13.16.030 are met.
J. The final recorded subdivision plat shall include a notice that part of the property is in
the special flood hazard area (SFHA) as defined in the citv code, riparian habitat zone and/or
channel migration area, as appropriate.
Section 23. Amendment to Citv Code. That Section 17 09.070 of the Auburn
City Code be and the same hereby is amended to read as follows:
17.09.070 Final short subdivision approval.
A. Timefrarre for Final Short Subdivision Approval. A final short subdivision meeting all
requirements of this title and the conditions and requirements of the written decision granting
preliminary short subdivision approval shall be submitted to the Aubum planning and
development department within the timeframes specified in ACC 17.09.110, unless otherwise
extended by the director or designee.
B. Procedures. Final short subdivision applications shall be processed as a Type II land
use action.
C. Application. An application for final short subdivision approval meeting all
requirements of Chapter 58.17 RCW arid this title shall be submitted to the department of
planning and development accompanied by the following:
1 Application materials consistent with the requirements of ACC 17 02.065.
2. A copy of the approved preliminary short subdivision.
3. A final short subdivision drawing meeting the requirements of Chapter 58.17 RCW,
including certifications, dedications, and title reports;
4 Agency recommendations pursuant to RCW 58.17 150;
5. A recordable survey and surveyor's signature meeting the requirements of Chapter
58.09 RCW and RCW 58.17.250. The map and legal descriptions included in the appiication for
final shoR subdivision shall be prepared and certified by a professional land surveyor licensed in
the state of Washingfon in a format acceptable to the cRy of Aubum and the Survey Recording
Act.
6. A title insurance report, not older than 30 days prior to the date of application,
confirming that the title of the land in the proposed subdivision is vested in the name of the
owners whose signatures appear on the final short subdivision's certificate.
7 Computation data for all lots, streets and easements located within the plat.
8. Failure of an applicant to submit all required application materials shall be considered
a lack of compliance with this section, and the director or designee may withFiold the application
from further consideration until such time as the application is complete.
9. Declaration blocks shall be provided for the original tract owner, surveyor, approving
govemmental agencies, and recording certification, in a manner as prescribed by the di ector
10. Proof of the date of last legal segregation of the parcel of land to be short
subdivided, if deemed necessary by the planning director
11 Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions
must be recorded simultaneously with the short subdivision.
12. In any short gubdivision where lots are served or to be served by a private road, the
subdivider shall furnish a copy of such further covenants or documents that will result in:
Ordinance No. 6617
October 4, 2016
Page 20ORD.A Page 46 of 179
a. Each lot owner having access thereto anii having responsibility for maintenance of
any private road contained within the short subdivision in such a condition as to allow free
access for emergency vehicles;
b. Such covenants or documents shall obligate any seller to give actual notice to any
prospective purchaser of the method of maintenance of the private road, which notice shall be
caused to be included in any deeds or contracts relating to such sale and such covenants or
documents shall be recorded simultaneously with the short subdivision.
D Preparation. The final short subdivision shall be prepared by a professional land
surveybr licensed by the state of Washington. The preparer shall, by placing his or her signature
and stamp upon the face of the final short subdivision, certify that the final short subdivision is a
true and correct representation of the land actually surveyed by the preparer, that the existing
monuments shown thereon exist as located and that all dimensional and geodetic details are
correct.
E. Scale and Format. The final plat shall be drawn with reproducible ink on Mylar
measu.ring 18 inches by 24 inches in size, with a one-inch border on one edge and a one-half-
inch border for the other three edges for projects in King County and measuring 18 inches by 24
inches with a two-inch border on the left edge and a one-half-inch border for the other three
edges for projects in Pierce County The final short subdivision shall be accurate, legible and
drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet
is required, an index sheet showing the entire subdivision with street and highway names and
block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the
above-specified size. All signatures or certifications appearing on a final short subdivision shall
be in reproducible black ink.
F Final Short Subdivision Contents. A final short subdivision drawing shall contain the
following information:
1 The name of the short subdivision, if applicable;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, basis of bearings and date of preparation of the final
short subdivision;
4 The boundary line of the short subdivision, referenced to city datum in accordance
with city design and construdion standards and based on an accurate traverse, with angular
and linear dimensions and bearings;
5. The exact location, width and assigned name of all streets, alleys and other public
ways within and adjacent to the short subdivision;
6. A table depicting the assigned address for each lot wi;hin the short subdivision;
7 The exact location, width and purpose of all easements and dedications for rights-of-
way provided for public and private services and utilities;
8. True courses and distances to the nearest established street lines, or section or
quarter section comer monuments which shall accurately locate the short subdivision;
9. Municipal, township, county or section lines accurately tied to the lines of the plat by
distances and courses;
10. All lot and block numbers and lines, with accurate dimensions in feet and hundredths
of feet;
11 The radii, intemal angles, points of curvature, tangent bearings and lengths of all
ares;
12. The accurate location of each permanent control monument. One such monument
shall be located at each and every controlling corner on the boundaries of the parcel of land
being subdivided; at each street centerline intersection, each point of curvature (PC), each point
of tangency (PT), and each point of reverse curve (PRC); and at each intersection of a street
centerline with a plat boundary;
Ordinance No. 6617
October 4, 2016
Page 21ORD.A Page 47 of 179
13. Ali plat meander lines or reference lines along bodies of water shall be established
above, but not farther than 20 feet from, the high water line of such body;
14 Accurate outlines and legal descriptions of any areas to be dedicated or reserved for
public use, with the purposes of such dedication or reservation and any limitations indicated
thereon and in the dedication;
15. Accurate outlines of any areas to be reserved by deed covenant for common use of
owners of property within the subdivision, together with the purposes of such reservation;
16. Any restrictions or conditions ori the lots or tracts witFiin the short subdivision, as
required by the director, or at the discretion of the property owner;
17 The final recorcled subdivisio plat shall include a notice to individual propertv
owners and/or the home owner s association of the location responsibilities, and requirements
associated with stormwater low impact development and manaqement facilities.
18. A signed certification stating that the short subdivision has been made with the free
consent, and in accordance with the desires, of the owner or owners. If the short subdivision
iricludes a dedication, the certificate or a separate written instrument shall contain the dedication
of all streets and other areas to the public, any individual or indivicivals, religious society or
societies, or to any corporation, public or private, as shown on the plat, and a waiver of all
claims for damages against any governmental authority which may be occasioned to the
adjacent land by the established construction, drainage or maintenance of said street or other
areas so dedicated. Such certificate or instrument shall be signed and acknowledged before a
notary public by all parties having any inferest in the lands subdivided. An offer of dedication
may include a waiver of right of direct access to any street from any property Such waiver may
be required tiy the city engineer as a condi4ion of approval. Roads not dedicated to the public
must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on
the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use
for the purpose intended by the donation or grant. At the discretion of the city engineer,
conveyances of right-of-way may be required to be by statutory warranty deed. The accePtarice
of right-of-way by the city shall not obligate the city to improve or develop the lands in the right-
of-way;
a 819. Forms for the appropriate certifications of the city engineer and planning directo,
as follows:
CITY ENGINEER'S CERTIFICATE
I hereby certify that this short plat is in compliance with the certificate of improvemenfs
issued pursuant to ACC 17 14.015, and is consistent with all applicable City improvement
standards and requiremenfs in force on the date of preliminary short plat approval, this . . _ _
day of 20_
Auburn City Engineer
PLANNING DIRECTOR'S CERTIFICATE
I hereby certify on this day of 20=, that this final plat is in
substantial conformance with the p eliminary plat anii any conditions attached thereto, which
preliminary short plat was approved on the - . day of 20_
Auburn Planning Director
Ordinance No. 6617
October 4, 2016
Page 22ORD.A Page 48 of 179
i920 A form for the approval of the applicable county (King/Pierbe) assessor, as follows
or as required by the applicable county, if different:
ASSESSOR'S APPROVAL
Examined and approved this day of 20_
Courrty Assessor
Deputy County Assessor
Account number
921 A form for the certificate of the applicable county recorder (KinglPierce), as follows
or as required by the applicable county, ff different:
RECORDING CERTIFICATE
Filed for record at the request of the City of Auburn this day of
20_ at minutes past M., and recorded in Volume of Plats, page
Records of (King or Pierce) County, Washington.
County Recording Number
Manager
Superintendent of Records
22. Any additional pertinent information as required at the discretion of the city
engineer or planning director
G. Decision-Making Griteria for Final Short Subdivision Approval. The following cnteria
shall be used by the director or designee in consideration of final short subdivision approval:
1 Whether conditions imposed when the preliminary short subdivision was approved
have been met;
2. The completion of the required improvements or their financial guarantee in
conformance with Chapter 17 14 ACC;
3. Whether the final short subdivision is in conformance with the city's zoning regulations
and all other applicable land use regulations;
4 The director or designee shall not approve a final short subdivision until he or she
detertnines that it conforms to the approved preliminary short subdivision and any conditions
and restrictions imposed at time of preliminary approval. (Ord. 6418 § 3, 2012; Ord. 6287 § 2,
2010; Ord. 6239 § 1, 2009 )
Ordinance No. 6617
October 4, 2016
Page 23ORD.A Page 49 of 179
Section 24. Amendment to Citv Code. That Section 17 10 020 of the Auburn
City Code be and the same hereby is amended to read as follows:
17 70.020 Application, submittal and contents.
A Appiication. In addition to the requi ements for a completed application as provided
in ACC Title 14, an application for subdivision approval shall include:
1 Application requirements found in ACC 17.02.065,
2. A preliminary plat meeting the requirements of RCW 58.17 160 for a p"reliminary
subdivision;
3. A neighborhood circulation plan meeting the requirements of Chapter 17 16 ACC
and RCW 58.17 110(2)for safe walking paths for students;
4. Where any lot is proposed to be served by an on-site sewage disposal system,
results of preliminary percolation tests for each such proposed lot, conducted under the county
department of health rules and regulations;
5. A conceptual utility/site grading plan and/or methodology prepared in accordance
with the city's comprehensive plans, standards or ordinance requirements. The conceptual
utility/sife grading plan shall include adequate horizontal and vertical information to ensure that
utilities can be constructed consistent with the preliminary plat layout;
6. The location of other utilities other than those provided by the city;
7 The application shall include a transportation site plan for streets, pedestrian, and
bike facilities. The site pian shall include adequate horizontal and vertical iriformation to ensuYe
the transportation facilities can be constructed consistent with the preliminary plat layout;
8. A title report, with liability for errors not to exceecl the assessed value of the lots on
the date of application. The title report shall be issued no more than 30 days prior to the
application date;
9 Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions
must be recorded simultaneously with the subdivision.
B. Preparation. The preliminary plat or short plat shall be prepared by a professional
engineer or professional land surveyor registered or licensed by the state of Washingtdn. The
preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that all
information is portrayed accurately and that the proposed subdivision or short subdivision
complies with the standards and requirements of this title, the Auburn zoning ordinance arid any
other applicable land use and development controls.
C. Scale and Format. The preliminary plat shall be drawn with reproducible black ink on
Mylar All geographic information portrayed by the preliminary plat shall be accurate, legible,
and drawn to an engineering (decimal) scale.
D Preliminary Plat Contents. A preliminary plat shall provide the followirig information:
1 General Information. The following information shall appear on each sheet of a
preliminary piat or short plat:
a. The name of the proposed subdivision, fogether with the words "preliminary plaY';
b. The name and address of the applicant;
c. The name, address, stamp and signature of the professional engineer or
professional land surveyor who prepared the preliminary plat or short plat;
d. Numeric scale, graphic scale, true north point and date of preparation;
e. A form for the endorsement of tFie planning directbr, as follows:
APPROVED BY RESOLUTION OF THE CITY COUNCIL ON (Date)
Ordinance No. 6617
October 4, 2016
Page 24ORD.A Page 50 of 179
Director, Planning and Development Dept.
Date
f Legal description of preliminary plat.
2. Existing Geographic Features. Existing geographic features, as detailed in city
application requirements, shall be drawn lightly in relation to proposed geographic features.
3. Proposed Geographic Features. Proposed geographic features, as detailed iri city
application requirements, shall be shown.
4 Additional Information. The following additional information shall be shown on the
face of the preliminary plat:
a. For proposed subdivisions involving residential land uses, a table providing the
following information for each distinct resideritial area:
i. Proposed land use (e.g., single-family, duplex, multifamily);
ii. Numtier of dwelling units;
iii. Gross acreage;
iv Existing zoning designation;
v Prbposed zoning designation;
vi. Approximate area of smallest lot;
b. Proposecl source of domestic water supply;
c. Proposed sewage disposal system;
d. Typical street cross section(s);
e. Proposed storm drainage system;
i. Identification of the location and tvpe of anv stormwater Low Impact Development or
manaqement facilities.
ii. Identification of whether the responsible partv for operation and maintenance of a
stormwater Low Impact Development facilitV located on private property is the private propertV
owner a homeowners association or the Citv;
f. For preliminary plats that are related to a planned unit development (PUD), the
following information shall also be provided:
i. The ordinance and contract of the PUD rezone if previously done;
ii. The location of perimeter walls and fences on the boundary of the PUD and an
indication of the height and materials;
iii. The location and size of any entrance signs;
iv A landscaping plan;
v Any covenants not previously approved. (Ord. 6418 § 5, 2012; Ord. 6287 § 2, 2010;
OYd. 6239 § 1, 2009; Orci. 5170 § 1, 9898; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1988; Ord. 4296
2, 1988. Formerly 17 06.020.)
Section 25. Amendment to Citv Code. That Section 17 10.070 of the Auburn
City Code be and the same hereby is amended to read as follows:
1710.070 Findings of fact.
Preliminary plats shall only be approved if findings of fact are drawn to support the
following:
Ordinance No. 6617
October 4, 2016
Page 25ORD.A Page 51 of 179
A. Adequate provisions are made for the public health, safety and general welfare and
for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary
wastes, parks, playgrounds and schools;
B. Conformance of the propdsed subdivision to the general purposes of the
comprehensive plan;
C Conformance of the proposed subdivision to the general purposes of any other
applicable policies or plans wtiich have been adopted by the city council;
D Conformance of the proposed subdivision to the general purposes of this title, as
enumerated in ACC 17.02.030;
E. Conformance of the proposed subdivision to the Auburn zoning ordinance and any
other aPplicable planning or engineering standards and specifications as adopted by ttie city, or
as modified and approved as part of a previously approved PUD;
F The potential environmental impacts of the proposed subdivision are mitigated such
that the preliminary plat will not have an unacceptable adverse effect upon the quality of the
environment;
G. Adequate provisions are made so the preliminary plat wili prevent or abate public
nuisances.
H Lot confiquration street and utilitv lavouts and buildinq envelopes shall be desiqned
in a manner that identifies preserves and utilizes native soils and/or veqetation thaT are
inteqrated into a low impact development facilitv consistent with the Citvs adopted stormwater
manaqement manual (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord.
4772 § 1, 1995, Ortl. 4296 § 2, 1988. Formerly 17.06.070.)
Section 26. Amendment to Citv Code. That Section 17 10.120 of the Auburn
City Code be and the same hereby is amended to read as follows.
7710.120 Development standards for panhandle lot access and private access tracts.
1 The maximum length of a panhandle lot access within the R-5, R-7, R-10, R-16, R-20,
and RO zones and residential PUDs shall be 150 feet. When there are unique physical
limitations of the property including but not limited to steep slopes, significant vegetation, or
sensitive environmental areas that would be imPacted less if a longer panhandle length were
provided, then the planning director may allow additional length. The plaa i+-directbr may also
allow for additional length if there is an existing intervening parcel of the property (that has a lot
depth greater than 150 feet) between the proposed panhandle lot and the abutting street. There
shall be no limitation of length within the other zoning districts of the city
2. All residential and nonresidential panhandle accesses shall meet the standards of the
city of Aubum engineering, design and construction standards manual.
3. If twb panhandle accesses within the same plat abut each other, then one common
paved driveway, spanning both panhandles, may be provided as part of the two panhandles.
The pavement width of the driveway shall be determined using the same methodology as
subsection (A)(2) of this se:ction.
4 Not more than two panhaniile accesses within the same plat may abut each other
Alternatively, a separate access tract shall be required in lieu of more than two separate
panhandle accesses. The separate access tract shall meet the requirements of subsection B of
this section.
B. Private Access Tracts and/or Easements.
1 Private access tracts and/or easements will be allowed when it is physically
impractical to provide a lot with direct access to a public street due to unique physical limitations
Ortlinance No. 6617
October 4, 2016
Page 26ORD.A Page 52 of 179
of the property, including but not limited to steep slopes, significant vegetation, or sensitive
environmental areas. If the lot abuts an arterial, an access tract may also be allowed to provide
an alternate access to the lot if it is impractical to provide for another public street due to the
aforementioned physical limitations. 'fhe use of access tracts cannot preclude or hinder the
alignment of future public streets that would otherwise serve the area.
2. Access tracts can only be created through a plat process pursuant to Chapter 17 09
ACC and this chapter Ownership and maintenance responsibilities will also be determined as
part of the plat process.
3. The maximum number of lots to be served by one access tract shall be six. If a lot
abuts an access tract and a public street, then the front Ibt line shall be oriented to the public.
4 All access tracts and/or easements must connect to a public street and the maximum
length shall be 150 feet as measured from the edge of the public street right-of-way Additional
length may be allowed if the unique physical limitations of the property including but not limited
to steep slopes, signifcant vegetation, or sensitive environmental areas would be impacted less
if additional length were provided. The access fract shall not allow for through vehicle access.
5. Private access tracts and/or easements shall meet city of Auburn design and
construction standartls.
C. Emergency Access Provisions. Irrespective of the requirements of this section,
additional provisions may be required if needed to provide for adequate emergency access as
determined by the Aubum fire marshal. The additional provisions may include but not be limited
to providing for turnarounds, additional access tract width, fire hydrants or sprinklering of the
building. (Ord. 6239 § 1, 2009.)
Section 27. Amendment to_Citv Code. That Section 17 12.010 of the Auburn
City Code be and the same hereby is amended fo read as follows:
17 12.010 Application submittal and contents.
A. Application. An application for final subdivision approval meeting all requirements of
Chapter 58.17 RCW and this title shall be submitted to the planning department, accompanied
by tlie following:
1 Application materials consistent with the requirements of ACC 17 02.065,
2. A copy of the approved preliminary plat;
3. A final plat meeting the requirements of Chapter 58.17 RCW, including certifications,
dedications, and title reports;
4 Agency recommendations pursuant to RCW 58.17 150;
5. A recordable survey and surveyor's signature meeting the requirements of Chapter
58.09 RCW and RCW 58.17.250;
6. Proposed list of public improvements that will be incomplete at the time of final plat
approval and the associated cost to complete the work. The list shall be used to determine the
financial security required as part of the final plat review prbcess. The engineer's certification is
required prior to setting the date for consideration by the city council for final plat approval. The
engineer's certification will not be issued until the requirements of ACC 17 14 010 have been
met.
B. Preparation. The final plat shall be prepared by a professional land surveyor licensed
by the state of Washington. The preparer shall, by placing his or her signature and stamp upon
the face of the plat, certify that the plat is a true and correct representation of the land actuaily
surveyed by the preparer, that the existing monuments shown thereon exist as located and that
all dimensional and geodetic details are correct.
Ordinance No. 6617
October 4, 2016
Page 27ORD.A Page 53 of 179
C. Scale and Format. The final plat shall be drawn with reproducible ink on Mylar
measuring 18 inches by 24 inches in size, with a one-inch border on one edge and a one-half-
inch border for the other three edges for projects in King County and measuring 18 inches by 24
inches with a two-inch bortler on the left edge and a one-half-inch border for the other tfiree
edges for projects in Pierce County The final plat shall be accurate, legible and drawn to an
engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required,
an index sheet showing the entire subdivisio with street and highway names and block
numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-
specified size. All signatures or certifications appearing on a final plat shall be in reproducible
biack ink.
D Final Plat Contents. A final plat shall contain the following information:
1 The name of the subdivision;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, true north point and date of preparation of the final plat;
4 The boundary line of the plat, referenced to city datum in accordance with the city
design and construction standards and based on an accurate traverse, with angular and linear
dimensions and bearings;
5. The exact location, width and assigned name of all streets, alleys and other public
ways within and adjacent to the subdivision;
6. A table depicting the assigned address for each lot within the subdivision;
7 The eicact location, width and purpose of all easements and dedications for rights-of-
way provided for public and private services and utilities;
8. True courses and distances to the nearest established street lines, or section or
quarter section corner monuments which shall accurately locate the subdivision;
9. Municipal, township, county or section lines accurately tied to the lines of the plat by
distances and courses;
10. All lot and block numbers and lines, with accurate dimensions in feet and hundredths
Iof feet;
11 The radii, intemal angles, points of curvature, tangent bearings and lengths of all
ares;
12. The accurate location of each permanent control monument. One such monument
shall be located at each and every controlling corner on the boundaries of the parcel of land
being subdivided; at each street centerline intersection, each point of curvature (PC), each point
of tangency (PTj, and each point of reverse curve (PRC); and at each intersection of a street
centerline with a plat boundary;
13. All plat meander lines or reference lines along bodies of water shall be established
above, but not farther than 20 feet from, the high water line of such body;
14 Accurate outlines and legal descriptions of any areas to be dedicated or reserved for
pubiic use, with the purposes of such dedication or reservation and any limitations indicated
thereon and in the dedication;
15. Accurate outlines of any areas to be reserved by deed covenant for common use of
owners of property within the subdivision, tbgether with the purposes of such reservation;
16. Any restrictions or conditions on the lots ar tracts within the subdivision, as required
by the hearing examiner, or at the discretion of the property owner;
17 The final recorded subdivision plat shall include a notice to the individual propertv
owners andtor the homeowner's association of the location responsibilities and repuirements
associated with stormwater low impact development and manaqement facilities
18. The name and seal of the licensed land surveyor responsible for preparation of the
final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and
Ordinance No. 6617
October 4, 2016
Page 28ORD.A Page 54 of 179
correct represeritation of the land actually surveyed by him or her, that the existing monuments
shown thereon exist as located and that all dimensiorial and geodetic details are correct;
a 819 A signed certification stating that the subdivision has been made with the free
consent, and in accordance with the desires, of the owner or owners. If the plat- includes a
dedication, the certificate or a separate written instrument shall contain the dedication of all
streets and other areas to the public, any individual or individuals, religious society or societies,
or to any corporation, public or private, as shown on the plat, and a waiver of all claims for
damages against any governmental authority whioh may be occasioned fo the adjacent land by
the established construction, drainage or maintenance of said street or other areas so
dedicated. Such certificate or instrument shall be signed and acknowledged before a notary
public by all parties having any interest in the lands subdivided. An offeP of dedication may
include a waiver of right of direct access to any street from any property Such waiver may be
required by the city engineer as a condition of approval. Roads not dedicated to the public must
be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the
face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for
the purpose intended by the donation or grant. At the discretion of the city engineer
conveyances of right-of-way may be required to be by statutory warranty deed. The acceptance
of right-of-way by the city sFiall riot obligate the city to improve or develop the lands in the right-
of-way;
a920. Forms for the appropriate certrfications of the finance director, city engineer and
planning director, as follows:
FINANCE DIRECTOR'S CERTIFICATE
I hereby certify that there are no delinquent special assessments for which the property
subject to this subdivision may be liable to the city, and that all special assessments on any
property herein contained dedicated as streets, alleys or for any other public use have tieen
duly paid, satisfled or discharged, this _ day of 20_
Auburn Directo`of Firiahce
CITY ENGINEER'S CERTIFICATE
I hereby certify that this final plat is in compliance with the certificate of improvements
issued pursuant to ACC 17 14 015, and is corisistent with all applicable City improvement
standards and requirements in force on the date of preiiminary plat approval, this day of
20_
Aubum City Engineer
PLANNING DIRECTOR'S CERTIFICATE
I hereby certify on this day of 20_, that this final plat is in
sutisfantial conformance with the preliminary plat and any conditions attached thereto, which
preliminary plat was approved by Resolution Number of the Aubum City Council on the
day of 20_, or by the Decision of the Hearing Examiner for the City
of Auburn dated the day of 20_
Ordinance No. 6617
October 4, 2016
Page 29ORD.A Page 55 of 179
Auburn Planning Director
021 A form for the approval of the mayor, pursuant to ACC 17 12.030, as follows:
APPROVAL
Ezamined and approved this day of 20_, pursuant to City
Ordinance Number adopted by ttie Auburn City Council on the day of
20_
Mayor
ATTEST
Auburn City Clerk
2 22. A form for the certificate of the applicabte (King/Pierce) county finance division, as
follows, or as required by the applicable county, if different:
FINANCE DIVISION CERTIFICATE
I hereby certify that all property taxes are paid, that there are no delinquent special
assessments certified to this office for collection, and that all special assessmerits certified to
this office for collection on any of the property herein contained dedicated as streets, alleys or
for other public use are paid in full this_day of 20_
Manager
Deputy
2223. A form for the approval of the applicable (King/Pierce) county assessor, as
follows, or as required by the applicable county, if different;
ASSESSOR'S APPROVAL
Examined and approved this day of 20_
County Assessor
Deputy County Assessor
Ordinance No. 6617
October 4, 2016
Page 30ORD.A Page 56 of 179
Account number
324 A form for the certificate of the applicable (King/Pierce) county recorder, as
follows, or as required tiy the applicable county, if different:
RECORDING CERTIFICATE
Filed for record at the request of the City of Aubum this day of
20_ at minutes past M., and recorded in Volume of Plats, page
Records of(King or Pierce) County, Washington.
County Recording Number
Manager
Superintendent of Records
2425. Any additional pertinent iriformation as required at the discretion of the city
engineer or planning director (Ord. 6239 § 1, 2009; Ord. 6186 § 7, 2008; Orci. 6061 § 1, 2008;
Ord. 5170 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17 10.010.)
Section 28. Amendment to Citv Code. That Section 18.50.010 of the Auburn
City Code be and the same hereby is amended tb read as follows:
18.50.010 Intent.
The intent of this chapter is to provide minimum landscaping and screening
requirements in order to maintain and protect property values, to enhance the city's
appearance, to visually unify the city and its neighborhoods, to improve the character of ce tain
areas of the city, to reduce erosion and storm water runoff, to interrupt exoanses of_imoervious
surfaces, to reduce COz emissions, improve air quality, and to maintain or Feplace existing
vegetation and to prevent and abate public nuisances. (Ord. 6387 § 1, 2011, Ord. 4914 § 1,
1996; Ord. 4773 § 1, 1995, Ord. 4229 § 2, 1987 )
Section 29. Amendment to Citv Code. That Section 18.50.040 of the Aubum
City Code be and the same hereby is amended to read as follows:
18.50.040 Landscape development standards.
A. General Location for Landscape Improvements. Landscaping shall be provided in the
following locations for all types of development, unless the city determines that the required
landscape is not necessary fo fulfill the purposes of this chapter
1 Perimeter Areas. All areas that abut a street or residential property shall be
landscaped in compliance with this chapter, excepYwhere occupied by a primary building, walk
or driveway Minimum landscape areas are listed in Tables 18.50.040(A) and (B).
Ordinance No. 6617
October 4, 2016
Page 31ORD.A Page 57 of 179
2. Unused Areas. Ail areas of a multifamily or nonresidential project site not intended for
a specific use (including areas planned for future phases of a phased development) shail be
landscaped with existing natural vegetation, native grasses or similar
3. Parking/Loading Areas. Parking lots, and where loading areas are visible from a
public street, shall be landscaped in compliance with this chapter
4 Outdoor Storage Areas, Recreational Vehicle Parking, and Refuse Areas. All outdoor
storage areas, recreational vehicle parking, and refuse areas, when visible from adjoining
properties or public streets, shall be landscaped in compliance with this chapter
5 Stormwater Low Impact Development (LID) Facilities. Areas of veqetation pianted in
stormwater LID facilities (not permanentiv inundated or ponded areas) and for which there is a
citv-approved maintenance plan as prescribed in the CitV's Enqineerinq Desiqn Standards
Manual shall count towards the minimum landscape coveraqe areas outlined in subsection B
below.
B. Landscape Area Requirements by Zones. Minimum landscape area requirements are
listed below by zones consistent with ACC 18.02.070.
Table 78.50.040(A) Minimum Landscape Requirements by Zoning District
Minimum Landscape Planter VVidth—Perimeter
Areas
Minimum
Landscape Abutting Residential
Zones Coverage' Abutting Street' Property
Residential Zones
RC, R-1, R-5, and R-7
N/A N/A N/A
Residential Zones°
R-10, R-16 and R-20 20% 6 ft. 10 ft.
ZonesS
Nonresidential Zones
C-2 10% 0 ft. 6 ft.
C-1, C-N 10% 6 ft. 10 ft.
C-3, I, P-1 15% 6 ft. 10 ft.
EP 10% 10 ft. 10 ft.
BP 15% 10 ft. 10 ft.
M-1 10% 10 ft. 10 ft.
M-2 10% 10 ft. 25 ft.
Other
ROB/RO-HB N/A N/A N/A
DUC' N/A N/A N/A
Notes:
O iiinance No. 6617
October 4, 2016
Page 32ORD.A Page 58 of 179
1 Minimum landscape coverage required is the minimum percentage of net lot area
that must be maintained with a vegetated pervious surface. Vegetated bioretention cells or
water quality treatment swales (not permanently inundated or ponded areas) may be included in
the required IancJscape coverage percentage. Preference shall first be aiven to retention of
areas of existinq native coniferous veqetation For sites that do not have existina native
coniferous veqetation landscape coveraqe can be achieved throuqh plantinq of native species
2. Listed planter widths shall be located entirely on private property
3. The minimum landscape planter abutting a street may be reduced in size using the
provision contained in ACC 18.50.080, Altemative landscaping plan. The reduced landscape
planter shall have an average width of the requirement contained in Table 18.50.040(A).
4 Landscaping shall only be required in conjunction with an administrative or
conditional use permit. The type and amount of landscaping shall be determined at that time the
administrative or conditional use permit is approved.
5. Refer to ACC 18.31.200, Multifamily development and mixed-use development
design standards and prbcedures, for additional requirements.
6. Landscaping within the RO/RO-H zbne is not required unless site development
includes the demolition of existing structure(s) together with new construction. Under this
scenario the minimum landscape requirements of the C-1 zone shall be met.
7 Landscaping within the DUC zone shall be provided as defined in the Downtown
Urban Center Design Standards; see reference to ACC 18.29.070.
C. Landscape Design and Planting Requirements. Landscape design and construction
for new development or redevelopment shall be compatible with the surrounding urban and
natural environment. Landscape plantings shall comply with the plant type, size, and spacing
provisions listed below.
1 Landscape Design. Landscaping shall be designed as an integral part of the overall
I site plan with the purpose of enhancing building design, public views and spaces, suoportinq
stormwater low impact development facilities, and providing buffers, transitions, and screening.
a. All required planting areas shall be covered with a mixture of trees, shrubs, and
groundcover plants. Sodded lawn (not seed) may be substituted for some but not all of shrubs
or groundcover plants. If sodded lawn is used it cannot cover more than 20 percent of the site
and those portions of the lawn area must be served by an automatic irrigation system.
b. Flanting design shall have focal points at project entries, plaza areas, and other areas
of interest using distinct planting and/or landscape features.
c. As appropriate, building and site design shall include the use of landscaping against
buildings to visually break up expanses of wall, soften aPpearance, and create visual interest
through the use of planting areas, wall planters, hanqina qardens. and/or raised planters. Loose
rock, gravel, decorative rock or stone shall not exceed 20 percer t of the planting area.
2. Plant Types. Landscape planting shall be compatible with the character and climate of
the Pacific Northwest and complement the architectural design of structures on the site.
a. Native Landscaping. Landscaping materials installed shall inctude species native to
the Puget Sound lowland region of the Pacific Northwest or noninvasive species that have
adapted to the climactic conditions of the region in the following minimum amounts:
i. Fifty percent of trees.
ii. Fifty percent of groundcover and shrubs.
b. Trees. Trees planted within 10 feet of a public street, sidewalk, paved trail, or walkway
shall be a deep-rooted species and shall be separated from hardscapes by a root barcier to
prevent physical damage to public improvements.
3. Planting Size and Spacing. In order to balance both an immediate effect of a
landscape instaliation and to allow sustained growth of planting materials, minimum plant
material sizes and plant spacing are as follows:
Ordinance No. 6617
October 4, 2016
Page 33ORD.A Page 59 of 179
a. Trees. Trees shall be a minimum of one and one-half inches in diameter breast height
dbh) at the time of planting. Evergreen trees shall be a minimum of four to six feet in height at
the time of planting and may include either broadleaf or conifer Tree spacing within the
perimeter planters along streets and abutting residential property shall be planted no further
apart on center than the mature diameter of the proposed species.
b. Shrubs. Shrubs shall be a minimum of 18 inches in height, or two-gallon size
containers, at the time of planting.
c. Groundcover Groundcover means lovir evergreen or deciduous plantings and shall be
planted from either four-inch pot with 12-inch spacing or one-gallon pot with 18-inch spacing.
Alternative spacing of particular species may be approved by the city if documentation
concerning the effectiveness of the groundcover is submitted with the landscape plan.
d. Additional Spacing Provisions.
i. Tree size and spacing at installation shali be increased by the city where needed to
ensure visual access for vehicles and pedestrians and provide clear vision at street, access
tracts and driveway intersections (sight distance triangles).
ii. Trees or shrubs with a full-grown height equal to or greater than 30 inches shall not be
planted in any sight distance triangle. Sight distance triangles are determined in conformance
with the city of Auburn engineering desigh standards, Chapter 10.
iii. A minimum distance of 15 feet is required from the mature diameter of trees and the
center of street light standards.
4 Landscaping Requirements for Parking Areas.
a. General Parking Lot Landscaping Standards.
i. All parking lot landscape areas shall be protected with vertical or extruded concrete
I
curbs, or equivalent barriers. pe Tire blocks shall not be used as a substitute for curbing
and boundary around the landscaped area uniess thev are inteqral to a stormwater LID facilitv
desiqn as approved bV the City Enpineer or hislher desiqnee.
ii. All parking lot landscaping must be located between parking stalls, at the end of rows
of parking, or between the end of rows of stalls and the property line.
iii. The maximum distance between any parking stall and required parking area
landscaping shall be no more than 50 feet.
iv Shrubs, groundcover or lawn shall be planted to cover each parking lot planting area
using the planting size and spacing requirements specific in subsection (C)(3) of this section. All
groundcover shall have a mature height of not more than 24 inches.
v Modifications to protect drainage features, easements, or utility facilities may be
allowed. Modifcations that reduce landscape area or plant material shall be made up elsewhere
on-site, if possible.
vi. The requirements of this section shall not apply to parking garages or to display areas
for automotive and equipment sales and rentals that are specifically designed, approved and
constructed for the display purpose and that do not reduce required landscape areas.
b. Specific Parking Lot Landscaping Standards.
Table 18.50.040(B) Specific Parking Lot Landscaping Standards
Landscaped Area Planting Area Plantings Required
Required Design
Requirements
12 parking No requirement
stalls or
less
Ordinance No. 6617
October 4, 2016
Page 34ORD.A Page 60 of 179
Table 18.50.040(B) Specific Parking Lot Landscaping Standards
Landscaped Area Planting Area Plantings Required
Required Design
Requireinents
13 — 75 7% of surface parking Minimum planter Trees shall be provided at the rate of
parking stalls (exclusive of width: 6 feet a minimum of one per planter and/or
stalls circulation)one per 100 square feet of planter
76 parking 10% of surface parking Minirrium planter Trees shall be provided at the rate of
statls or stalls (exclusive of width: 6 feet a minimum of one per planter and/or
more circulation)one per 100 square feet of planter
5. Landscaping for Outdoor Storage Areas, Recreational Vehicle Parking and Refuse
Areas.
a. Outdoor storage areas and recreational vehicle parking areas must be screened from
view from adjacent streets and from all residentially zoned land by a minimum six-foot-wide
landscape buffer This landscape buffer shall contain evergreen trees or tall shrutis, a minimum
of six feet in height at the time of planting, which will provide a 100 percent sight-obscuring
screen within three years from the time of planting is required; or a combination of evergreen
frees or deciduous trees, planted 20 feet on center with no more than 30 percent being
deciduous and backed tiy a 100 perdent sight-obscuring fence. In addition to the trees, shrubs
shall be planted at four-foot spacing, in all directions, and grouhdcover provided.
b. Outiioor storage areas abutting the Interurban Trail (regardless of the zbning of the
Interurban Trail) and other future trails connecting to the Interurban Trail shall have a minimum
10-foot-wide landscape buffer containing the planting materials specified in subsection (C)(5j(a)
of this section.
c. Trash containers, dumpsters, trash compactors, and recycling bins associated with
multiplex, multi-unit residential, and nonresidential uses must be screened from public view on
all sides with a solid fence, wall, or gate constructed of cedar, redwood, masonry, or other
similar building material reflecting the overall design of the site, and be appropriately
landscaped (e.g., climbing vines, arborvitae, etc.).
6. Irrigation. No portion of any landscaped area shall be located further away than 50
feet from a source of water adequate to irrigate the landscaping. The source of water may be a
manual (hose connection) or an automatic irrigation system. (Ord. 6387 § 1, 2011, Ord. 4914 §
1, 1996; Ord. 4304§ 1(34), (35), 1988; Ord. 4229 § 2, 1987 )
Section 30. Imalementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 31. Severabilitv. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph, section
or portion of this ordinance, or the invalidity of the application thereof to any person or
Ordinance No. 6617
October 4, 2016
Page 35ORD.A Page 61 of 179
circumstance shall not affect the validity di the remainder of this ordinance, or the
validity of its application to other persons or circumstances.
Section 32. Effective date. This Ordinance shall be in full force and effect
on December 31, 2016, and five days after its passage, approval and publication as
provided tiy law
INTRODUCED
PASSED•
APPROVED•
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APFROVED AS TO FORM:
eid, ' Attorney
Published:
Ordiriance No. 6617
October 4, 2016
Page 36ORD.A Page 62 of 179
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6622
Date:
October 11, 2016
Department:
Finance
Attachments:
Ordinance No. 6622
Loan contract
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6622.
Background Summary:
In September 2015, the Public Works Department applied for a Drinking Water State
Revolving Fund (DWSRF) loan to construct a new 24-inch diameter water main
crossing underneath the White River, parallel to the existing steel main.
The State Public Works Board notified the City in January 2016 that the project was
approved for funding. Auburn project ranked 17th out of 31 approved projects. The
loan is for $1,353,400.00 at a 1.5% interest rate. A non-refundable 1% loan fee
($13,400.00) is due upon execution of the contract. The loan funds are federal, and
are subject to both state and federal requirements. The City’s project managers are
experienced with these requirements, since many City projects are federally funded.
The Legislature approved the loan during the 2016 regular session.
The loan has a 10 year repayment schedule.
Public Works will be presenting a brief power point with maps and pictures of the site.
Coal Creek Springs is the City’s largest water source and is located south of the White
River. The Coal Creek Springs transmission main conveys water under the White
River to the City’s storage reservoirs and water system on the north side of the river.
The transmission main was installed in the 1920s and was constructed of welded steel
and wood. The wood stave main was replaced with concrete cylinder pipe in 1964.
Approximately 870 feet of steel main crossing the White River was not replaced. The
steel main is now reaching the end of its useful life and requires replacement. Failure
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 63 of 179
of this main would prevent the City from using its largest water supply source, which
currently provides over 60% of the City’s drinking water.
This project will include:
• Constructing a new 24-inch diameter water main crossing underneath the White
River, parallel to the existing steel main.
• Evaluating the integrity of the existing steel main, and lining approximately 450
feet of main to provide a reliable, redundant river crossing.
• Constructing a casing parallel to the new river crossing to provide 8-inch water
main and utility conduit to Game Farm Wilderness Park on the south side of the
White River.
The entire project is located within park land owned by the City, and construction
activities will be near Muckleshoot Indian Tribe (MIT) lands. Recognizing the potential
impacts to this environmentally sensitive location, completion of cultural, historical and
environmental reviews will be an important component of the design phase.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:October 17, 2016 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 64 of 179
ORDINANCE NO. 6 6 2 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING MUNICIPAL
INDEBTEDNESS AND APPROVING THE DRINKING
WATER STATE REVOLVING FUND LOAN AGREEMENT
FOR COAL CREEK SPRINGS TRANSMISSION MAIN
REPLACEMENT
WHEREAS, the City of Auburn ("City"), Washington, operates a water supply and
distribution system ("Water System"), sanitary sewage system ("Sewer System"), and
stormwater drainage system ("Stormwater System," and together, the "System"), and
provides drinking water to its customers uVithin its water service area from its own water
supplies; and
WHEREAS, Coal Creek Springs ("CCS") is the City's largest source of supply,
accounting for approximately 60 percent of the total water produced for the City; and
WHEREAS, water from CCS is conveyed to Auburn's Howard Road Corrosion
Control Facility and then to the water distribution system through a 2-mile long, 24-inch
diameter pipe that was constructed in 1964 ("CCS Transmission Main"); and
WHEREAS, approximately 1,000 feet of the CCS Transmission Main consists of
steel pipe originally constructed in 1925 that crosses under the White River; and
WHEREAS, a 2014 evaluation of the CCS Transmission Main identified concems
about the structural integrity of the steel pipe under the White River, and failure of the
CCS Transmission Main would be catastrophic for the City's water supply; and
WHEREAS, the City intends to construct a second, paral el transmission pipeline
under the White River as described in the City's Comprehensive Water Plan (October
2015), and then rehabilitate the existing steel Transmission Main to improve its
structural integrity and prevent leaks; and
Ordinance No. 6622
September 27, 2016
Page 1 of 4ORD.B Page 65 of 179
WHEREAS, the Ciry applied for and received approval from the Washington
State Public Works Board ("Board") for a Drinking Water State Revolving Fund loan
Loan No. DM16-952-046) to provide partial funding for the project entitled "Coal Creek
Springs Transmission Main Replacement" (the "CCS Project"); and
WHEREAS, the City has issued and may issue from time to time in the future
certain utility system revenue bonds payable from and secured by a lien on Net
Revenue of the System and ULID Assessments (as such terms are defined in
Ordinance No. 6451 passed by the City Council on February 19, 2013) (together,
Senior Lien Bonds"); and
WHEREAS, the ordinances authorizing the issuance of the outstanding Senior
Lien Bonds authorize the City to issue, deliver and/or enter into other obligatioris
payable from and secured by a lien on the Net Revenue of the System that is junior to
the lien on such revenues securing the payment of the Senior Lien Bonds; and
WHEREAS, it is in the best interest of the City to enter into a contract with the
Board for a subordinate lien loan to finance the CCS Project as provided herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY DO ORDAIN as foilows:
Section 1. Authorization. That the Mayor is hereby authorized to
execute, on behalf of the City, a Capital Agreement between the City and the Board
AgreemenY') for a Drinking Water State Revolving Fund loan (Loan No. DM16-952-
046) ("Loan") for the CCS Project in accordance with the terms and provisions set forth
the Agreement affixed hereto, together with its Attachments, collectively marked as
Exhibit "A" and incorporated herein by this reference.
Ordinance No. 6622
September 27, 2016
Page 2 of 4ORD.B Page 66 of 179
Section 2. Security and Pavment. The Loan shall be a special revenue
obligation of the City payable solely from available revenues of the Water System. The
Loan shall bear interest, be payable, and be subject to prepayment as set forth in the
Agreement. The City hereby authorizes the creation of a special fund or account of the
City to be used for the payment of principal of and interest on the Loan ("Loan Fund").
As long as the Loan remains outstanding, the City hereby irrevocably obligates and
binds itself to set aside and pay from revenue of the Water System into the Loan Fund
those amounts necessary, together with such other funds as are on hand and legally
available, to pay the principal of and interest on the Loan as it becomes due and
payable.
The amounts pledged to be paid into the Loan Fund shall be a prior lien on
revenue of the Water System subject only to (a) the payment of Maintenance and
Operation Expense of the System, (b) the payment of the principal of and interest on
any revenue bonds, notes, warrants or other obligations of the System having a lien on
Net Revenue, including but not limited to Senior Lien Bonds, and (c) the City's other
obligations under the ordinances authorizing the Senior Lien Bonds in accordance with
the priority of payments set forth therein. The Loan shall be payable solely from the
revenue of the Water System and shall not be a general obligation of the City
Section 3. Administrative Im lementation. That the Mayor is authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 4. Severabilitv. The provisions of this ordinance are declared to be
separate and severabie. The invalidity of any clause, sentence, paragraph, section or
Ordinance No. 6622
September 27, 2016
Page 3 of 4ORD.B Page 67 of 179
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this ordinance, or the
validity of its application to other persons or circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law
INTRODUCED•
PASSED
APPROVED•
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST
Danielle E. Daskam, City Cierk
APP ED A TO FORM:
iel B. ei , ity ttorney
Published:
Ordinance No. 6622
September 27, 2016
Page 4 of 4ORD.B Page 68 of 179
Washington State
Public Works Board
1011 Plum Street SE
Post Office Box 42525
Olympia, Washington 98504-2525
Washington State Department of Commerce
www.commerce.wa.gov
Page i
Capital Agreement between:
City of Auburn
and
Public Works Board
For:
Project Name: Coal Creek Springs Transmission Main Replacement
Loan Number: DM16-952-046
Loan Type: DWSRF NT
Contract Start Date: Contract Execution Date
ORD.B Page 69 of 179
Page ii
DECLARATIONS
CLIENT INFORMATION
Legal Name: City of Auburn
Loan Number: DM16-952-046
Award Year: 2016
State Wide Vendor Number: SWV0002069-00
PROJECT INFORMATION
Project Title: Coal Creek Springs Transmission Main Replacement
Project City: Auburn
Project State: Washington
Project Zip Code: 98001
LOAN INFORMATION
Loan Amount: $1,353,400.00
Loan Fee (Included in loan amount if applicable) $13,400.00
Loan Forgiveness %: 0%
Loan Term: 10 years
Interest Rate: 1.50%
Payment Month: October 1st
Earliest Date for Construction Reimbursement: 7/1/2015
Time of Performance 48 months from Contract execution date to Project
Completion date.
FUNDING INFORMATION
Total Amount of Federal Award (as applicable) [To be determined]
Federal Award Date [To be determined]
Federal Award ID # (FAIN)
Amount of Federal Funds Obligated by this action
Awarding Official
[To be determined]
[To be determined]
[To be determined]
SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT
The following sections of this contract are hereby deleted:
Section 2.2 - ADMINISTRATIVE COST ALLOCATION (final sentence): “An approved current federal indirect cost
rate may be applied up to the maximum administrative budget allowed”.
Section 2.24. - INDIRECT COSTS (entire section).
LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT
This loan is a revenue obligation of the Contractor payable solely from the net revenue of the Water system.
Payments shall be made from the net revenue of the utility after the payment of the principal and interest on
any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As
used here, “net revenue” means gross revenue minus expenses of maintenance and operations. The Board
grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on net
revenue superior to the lien and charge of this loan Contract. This option may be used only if the entire project
is a domestic water, sanitary sewer, storm sewer, or solid waste utility project.
ORD.B Page 70 of 179
Page iii
DECLARATIONS (continued)
Loan Number: DM16-952-046
Project Title: Coal Creek Springs Transmission Main Replacement
Scope of Work:
This project will include 1 construction of approximately 600 LF of new 24 inch diameter water main crossing
underneath the White River, valving, and associated appurtenances; 2 inspection of the existing steel
transmission main for possible leaks and 3 lining approximately 450 lf of the existing steel transmission main
to improve its structural integrity and prevent leaks.
In addition to costs of construction, costs may include (but are not limited to): engineering, cultural and
historical resources review, permits, public involvement, and bid documents needed to meet local, state, and
federal standards.
ORD.B Page 71 of 179
City of Auburn Page 1
DM16-952-046 9/29/20169/14/2016 DWSRF NT Loan Contract (Municipal)
CONTRACT FACE SHEET
Contract Number: DM16-952-046
Drinking Water State Revolving Fund (DWSRF)
2016
(Municipal)
1. Contractor 2. Contractor Doing Business As (optional)
City of Auburn
25 West Main Street, Water Utility Engineer
Auburn, WA 98001
N/A
3. Contractor Representative 4. Public Works Board Representative
N/A N/A
5. Contract Amount 6. Funding Source 7. Contract Start Date 8. Contract End Date
$1,353,400.00 Federal: State:
Other: N/A:
Contract Execution Date October 1, 2025
9. Federal Funds (as applicable)
N/A
Federal Agency
EPA
CFDA Number
66.468
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
N/A SWV0002069-00-00 032942575
14. Contract Purpose
The purpose of this Contract is to provide funding for a project of a local government that furthers the goals and
objectives of the Drinking Water State Revolving Fund Loan Program. The project will be undertaken by the
Contractor and will include the activities described in the Declared Scope of Work.
The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the
terms of this Contract and attachments and have executed this Contract on the date below to start as of the date
and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract
and the following other documents incorporated by reference: Contractor Terms and Conditions including
Declarations Page; Attachment I: Attorney's Certification; Attachment II: Federal and State Requirements;
Attachment III: Disadvantaged Business Enterprise Requirements; Attachment IV: Certification Regarding
Debarment, Suspension, and Other Responsibility Matters; Attachment V: DWSRF Eligible Project Costs; and
Attachment VI: Labor Standard Provisions for Subrecipients that are Governmental Entities.
FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD
Signature
Print Name
Title
Date
Stan Finkelstein, Public Works Board Chair
Date
APPROVED AS TO FORM ONLY
This 30th Day of November, 2015
Bob Ferguson
Attorney General
Signature on file
Kathryn Wyatt
Assistant Attorney General
ORD.B Page 72 of 179
City of Auburn Page 2
DM16-952-046 9/29/20169/14/2016 DWSRF NT Loan Contract (Municipal) ORD.B Page 73 of 179
City of Auburn Page 3
DM16-952-046 9/29/20169/14/2016 DWSRF NT Loan Contract (Municipal)
TABLE OF CONTENTS
CONTRACT TITLE PAGE i
CONTRACT DECLARATIONS ii
CONTRACT FACE SHEET 1
TABLE OF CONTENTS 3
Part 1 SPECIAL TERMS AND CONDITIONS
1.1. DEFINITIONS 7
1.2. AUTHORITY 7
1.3. PURPOSE 7
1.4. ORDER OF PRECIDENCE 7
1.5. AMOUNT OF LOAN 8
1.6. LOAN FEE 8
1.7. TERM OF LOAN 8
1.8. RATE AND LOAN FORGIVENESS 8
1.9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION 8
1.10. TIME OF PERFORMANCE 9
1.11. PROJECT COMPLETION AMENDMENT AND THE CERTIFIED PROJECT COMPLETION REPORT 9
1.12. REPAYMENT 10
1.13. DEFAULT IN REPAYMENT 10
1.14. LOAN SECURITY 10
1.15. HISTORICAL AND CULTURAL ARTIFACTS 10
1.16. FEDERAL AND STATE REQUIREMENTS 11
1.17. COMPETITIVE BIDDING REQUIREMENTS 11
1.18. ELIGIBLE PROJECT COSTS 11
1.19. PREVAILING WAGE 11
1.20. FEDERAL EXCLUSION 12
1.21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR) 12
1.22. RECORDKEEPING AND ACCESS TO RECORDS 12
1.23. REPORTS 12
1.24. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS 13
1.25. TERMINATION FOR CAUSE 13
1.26. TERMINATION FOR CONVENIENCE 13
1.27. AUDIT 13
1.28. PROJECT SIGNS 14
1.29. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 14
1.30. NONDISCRIMINATION PROVISION 14
1.31. PROHIBITION STATEMENT 15
1.32. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM 15
1.33. LITIGATION 15
1.34. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES 15
1.35. SPECIAL CONDITIONS 15
1.36. INVESTMENT GRADE AUDIT 15
ORD.B Page 74 of 179
City of Auburn Page 4
DM16-952-046 9/29/20169/14/2016 DWSRF NT Loan Contract (Municipal)
1.37. BUY AMERICAN 15
Part 2 GENERAL TERMS AND CONDITIONS
2.1. DEFINITIONS 17
2.2. ADMINISTRATIVE COST ALLOCATION 17
2.3. ALLOWABLE COSTS 17
2.4. ALL WRITINGS CONTAINED HEREIN 17
2.5. AMENDMENTS 17
2.6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the
“ADA” 28 CFR Part 35 17
2.7. APPROVAL 17
2.8. ASSIGNMENT 18
2.9. ATTORNEYS’ FEES 18
2.10. AUDIT 18
2.11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY
EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS 19
2.12. CODE REQUIREMENTS 19
2.13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION 19
2.14 CONFLICT OF INTEREST 20
2.15. CONFORMANCE 20
2.16. COPYRIGHT PROVISIONS 20
2.17. DISALLOWED COSTS 21
2.18. DISPUTES 21
2.19. DUPLICATE PAYMENT 21
2.20. ETHICS/CONFLICTS OF INTEREST 21
2.21. GOVERNING LAW AND VENUE 21
2.22. INDEMNIFICATION 21
2.23. INDEPENDENT CAPACITY OF THE CONTRACTOR 22
2.24. INDIRECT COSTS 22
2.25. INDUSTRIAL INSURANCE COVERAGE 22
2.26. LAWS 22
2.27. LICENSING, ACCREDITATION AND REGISTRATION 24
2.28. LIMITATION OF AUTHORITY 24
2.29. LOCAL PUBLIC TRANSPORTATION COORDINATION 24
2.30. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS 24
2.31. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES 25
2.32. POLITICAL ACTIVITIES 25
2.33. PREVAILING WAGE LAWS 25
2.34. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS 25
2.35. PROHIBITION AGAINST PAYMENT OF BONUSES OR COMMISSION 26
2.36. PUBLICITY 26
2.37. RECAPTURE 26
2.38. RECORDS MAINTENANCE 26
2.39. REGISTRATION WITH DEPARTMENT OF REVENUE 26
ORD.B Page 75 of 179
City of Auburn Page 5
DM16-952-046 9/29/20169/14/2016 DWSRF NT Loan Contract (Municipal)
2.40. RIGHT OF INSPECTION 26
2.41. SAVINGS 27
2.42. SEVERABILITY 27
2.43. SUBCONTRACTING 27
2.44. SURVIVAL 27
2.45. TAXES 27
2.46. TERMINATION FOR CAUSE / SUSPENSION 27
2.47. TERMINATION FOR CONVENIENCE 28
2.48. TERMINATION PROCEDURES 28
2.49. WAIVER 28
2.50. WORK HOURS AND SAFETY STANDARDS 28
ATTACHMENT I ATTORNEY’S CERTIFICATION 29
ATTACHMENT II FEDERAL AND STATE REQUIREMENTS 31
ATTACHMENT III DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 33
ATTACHMENT IV CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS 35
ATTACHMENT V DWSRF ELIGIBLE PROJECT COSTS 37
ATTACHMENT VI LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL
ENTITIES 39
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CONTRACT TERMS AND CONDITIONS
DRINKING WATER STATE REVOLVING FUND
NEW TRADITIONAL
(MUNICIPAL)
Part 1. SPECIAL TERMS AND CONDITIONS
1.1. DEFINITIONS
As used throughout this Drinking Water State Revolving Fund Loan Contract, the following terms shall have the
meaning set forth below:
A. AWARD YEAR shall mean the calendar year in which the funds were awarded to the Board for use in making
loans under this program.
B. “Board” shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)
43.155.030, and who is a Party to the Contract.
C. “Contract” shall mean this Drinking Water State Revolving Fund Loan.
D. “Contractor” shall mean the Local Government identified on the Contract Face Sheet performing service(s)
under this Contract and who is a Party to the Contract, and shall include all employees and agents of the
Contractor.
E. The “Contract End Date” shall mean the date the contract expires. This date shall occur in the final year of the
LOAN TERM unless otherwise amended, as counted from the AWARD YEAR. The actual date of contract
execution shall have no effect on the Contract End Date.
F. “Deferral Period” shall be from the date of contract execution until the date of project completion. The Deferral
Period shall not exceed 4 years in length.
G. “Department of Commerce” and “Commerce” shall mean the Washington State Department of Commerce.
H. “Department of Health” shall mean the Washington State Department of Health, Office of Drinking Water, who is
the recipient of the Drinking Water State Revolving Fund grant and regulates drinking water systems in the
State of Washington.
I. "Iron and steel products" are the following products made primarily of iron or steel: lined or unlined pipes and
fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construction materials.
J. PAYMENT MONTH shall mean the day and month of the year in which payments are due.
1.2. AUTHORITY
Acting under the authority of RCW 70.119A.170 and RCW 43.155.040, the Board has awarded the Contractor a
Drinking Water State Revolving Fund loan for an approved project. The Contractor will be a sub-recipient of funds
provided by the United States Environmental Protection Agency, CFDA Number 66.468, Title: Safe Drinking Water
State Revolving Fund, award year of this contract.
1.3. PURPOSE
The Board and the Contractor have entered into this Contract to undertake a local project that furthers the goals
and objectives of the Drinking Water State Revolving Fund Loan Program. The project will be undertaken by the
Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The
project must be undertaken in accordance with the loan Program Special Terms and Conditions and all applicable
federal, state and local laws and ordinances, including but not limited to those specifically enumerated in
Attachment II: Federal and State Requirements, which by this reference are incorporated into this Contract as
though set forth fully herein.
1.4. ORDER OF PRECIDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the
following order:
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A. Applicable federal and State of Washington statutes and regulations.
B. Special Terms and Conditions including attachments.
C. General Terms and Conditions.
1.5. AMOUNT OF LOAN
The Board, using funds appropriated from the Drinking Water Assistance Account, shall loan the Contractor a sum
not to exceed the amount shown as LOAN AMOUNT on the attached Declarations Page. This loan amount includes
a loan fee, if applicable, which is shown on the Declarations Page as LOAN FEE.
1.6. LOAN FEE
If the loan fee applies, it will be assessed at loan execution.
The amount of the loan fee (if applicable) represents one percent (1%) of the loan request and shall not be reduced,
regardless of the actual final loan amount at project completion. If the loan fee applies and the total loan amount is
increased by amendment, an additional loan fee equal to one percent (1%) of the additional loan amount will be
assessed at amendment execution. The amount of any loan fee will be displayed on the Declarations Page as
LOAN FEE.
1.7. TERM OF LOAN
Unless otherwise amended, the term of the loan shall not exceed the period shown on the Declarations Page as
LOAN TERM. The term shall start in the AWARD YEAR.
Except as herein provided, under no circumstances shall the loan repayment period exceed 20 years from the
contract execution date.
The loan term may be extended for a disadvantaged community up to 30 years, provided that a recipient completes
loan repayment no later than 30 years after project completion and the term of the loan does not exceed the
expected design life of the project.
1.8. RATE AND LOAN FORGIVENESS
The interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance, based on
a three hundred and sixty (360) day year composed of twelve (12) thirty (30) day months. The amount of loan
forgiveness (if applicable) shall be as stated on the attached Declarations Page, and identified therein as LOAN
FORGIVENESS %.
If project is completed within 24 months of contract execution and includes the basic interest rate, the interest rate
will be decreased to one percent (1.0%) at project completion. The calculation of interest rate will apply to the
remaining payments beginning from the date the Project Completion report is certified.
This loan forgiveness shall be applied at project completion and shall apply to the lesser of the loan amount or the
actual eligible costs and that declared percent on any accrued interest. The percent of loan forgiveness and interest
rate shall not be changed, regardless of the actual cost of the project and the Affordability Index at project
completion.
1.9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION
If funding or appropriation is not available at the time the Contractor submits a request for a loan disbursement, the
issuance of a warrant will be delayed or suspended until such time funds become available. Therefore, subject to
availability of funds, warrants shall be issued to the Contractor for payment of allowable expenses incurred by the
Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE
OF WORK.
The loan funds will be disbursed to the Contractor as follows:
Ten percent (10%) of loan proceeds will be held until project completion. The total Drinking Water State Revolving
Fund Loan shall not exceed one hundred percent (100%) of the actual eligible project costs.
When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice
Voucher (Form A19), referencing the declared SCOPE OF WORK project activity performed, and any appropriate
documentation such as bills, invoices, and receipts. The purchase of any land necessary and integral to the project
must be included in the declared SCOPE OF WORK and be documented with an appraisal or other market
valuation and a valid purchase and sale agreement. The Invoice Voucher must be certified by an official of the
Contractor with authority to bind the Contractor.
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Each A19 Reimbursement Voucher must be accompanied by a Project Status Report, which describes, in narrative
form, the progress made on the project since the last invoice was submitted, as well as a report of project status to
date. The Department of Commerce (Commerce) will not release payment for any reimbursement request received
until the Project Status Report is received. After approving the Voucher and the Project Status Report, Commerce
shall promptly release funds to the Contractor.
Construction expenses incurred after the date shown as EARLIEST DATE FOR CONSTRUCTION
REIMBURSEMENT on the Declarations Page are eligible for reimbursement. Requests for reimbursements for
costs related to construction activities will not be accepted until the Contractor has met the following conditions:
A. Issued a Notice to Proceed which follows the formal award of a construction contract;
B. Completed the State Environmental Review Process;
C. Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966;
D. Complied with Section 1.19: Prevailing Wage;
E. Obtained approval from the Department of Health of the project report and related construction documents for
all applicable activities described in the declared SCOPE OF WORK; and
F. Complied with any other loan conditions required by Department of Health or The Board.
An electronic copy (emailed PDF or a FAX) of a signed A19 Reimbursement Voucher and other required
documentation is the preferred method for requesting reimbursement. Submit the electronic requests to your
Federal Programs Unit (FPU) representative or fax to 360-586-8440. This electronic submittal may be 25 pages or
less. If you choose to send your vouchers and backup documentation electronically, please DO NOT mail in the
original. You will receive email notification from your FPU representative that the electronic request has been
received.
Commerce will pay the Contractor upon acceptance of the work performed and receipt of properly completed
invoices. Invoices may be submitted to Commerce not more often than monthly.
Payment shall be considered timely if made by Commerce within thirty (30) calendar days after receipt of properly
completed invoices. Payment shall be sent to the address designated by the Contractor.
The Board may, at its sole discretion, withhold payments claimed by the Contractor for services rendered if the
Contractor fails to satisfactorily comply with any term or condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made
by the Board.
In the event that the Contractor receives reimbursement for costs that are later determined by the Board to be
ineligible, these funds shall be repaid to the Drinking Water Assistance Account by payment to the Department of
Commerce, or its successor, together with the submission of the Project Completion Amendment.
At the time of project completion, the Contractor shall submit to the Board a Certified Project Completion Request
certifying the total actual project costs, and a final voucher for the remaining eligible funds. The Certified Project
Completion Request shall include a copy of the Construction Completion Report as submitted to Department of
Health.
1.10. TIME OF PERFORMANCE
The Contractor shall begin the activities identified within the declared SCOPE OF WORK no later than thirty (30)
days after Contract execution. No later than eighteen (18) months after Contract execution, the Contractor shall issue
a ‘Notice to Proceed’, which follows the formal award of a construction contract.
The Contractor must reach project completion within the period specified on the Declarations Page as TIME OF
PERFORMANCE.
Failure to meet Time of Performance within the time frame described in this section shall constitute default under this
Contract, and as a result, this Contract may be terminated. In the event of extenuating circumstances, the Contractor
may request, in writing, at least 90 days prior to the expiration of project completion date that the Board extend the
deadline for project completion. The Board may extend the time of project completion.
1.11. PROJECT COMPLETION AMENDMENT AND THE CERTIFIED PROJECT COMPLETION REPORT
The Contractor shall initiate a Project Completion Amendment by submitting a Certified Project Completion Report
when activities identified in the declared SCOPE OF WORK are complete and the Contractor agrees that no
additional eligible costs will be reimbursed.
In the Project Completion Amendment, the Contractor will provide the following information to the Board:
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A. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as
described in the declared SCOPE OF WORK.
B. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and
services are received and/or contract work is performed.
C. A copy of the Department of Health Construction Completion Report as submitted to Department of Health.
D. Evidence documenting compliance with audit requirements as referenced in Section 1.27.
E. A final voucher for the remaining eligible funds.
The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan
amount and term of the loan.
1.12. REPAYMENT
An assistance recipient begins annual repayment of the loan no later than one year after contract execution. The
first repayment installment is due on the first day of the month shown as PAYMENT MONTH on the Declarations
Page. Interest only will be charged for this first payment if a draw is made prior to this date. All subsequent payments
shall consist of principal and accrued interest due that month of each year during the remaining term of the loan.
Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum. Interest will
begin to accrue from the date each payment is issued to the Contractor. The final payment shall be on or before the
completion of the declared LOAN TERM, payable on or before the declared PAYMENT MONTH of an amount
sufficient to bring the loan balance to zero.
The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments
without penalty.
The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money
order, or equivalent means made payable to the Washington State Department of Commerce, or its successor.
1.13. DEFAULT IN REPAYMENT
Loan repayments shall be made in accordance with Section 1.12 of this Contract. A payment not received within thirty
(30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty
beginning on the first (1st) day past the due date. The penalty will be one percent (1%) per month or twelve percent
(12%) per annum of the delinquent payment amount. These same penalty terms shall apply if the repayment of loan
funds determined to be ineligible costs are not repaid within thirty (30) days as provided for in Section 1.9.
1.14. The Contractor acknowledges and agrees to the Board’s right, upon delinquency in the payment of any
annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such
delinquency. Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken
to enforce its rights under this section.LOAN SECURITY
Loan Security may be required as a performance condition of this contract. If such performance condition is
required it shall be indicated on the attached Declarations Page and identified therein as LOAN SECURITY
CONDITION.
The Board grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on the
revenue source superior to the lien and charge of this Loan Contract. Nothing in this section shall absolve the
Contractor of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if
necessary, to meet its obligations under this Contract.
1.15. HISTORICAL AND CULTURAL ARTIFACTS
The Contractor acknowledges that the project funded by this Contract is subject to Section 106 of the National
Historic Preservation Act of 1966.
Contractor agrees that Contractor is legally and financially responsible for compliance with all laws, regulations, and
agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of
Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as
a result of Contractor’s public works project funded under this Contract.
The Contractor agrees that, in no case shall construction activities, ground disturbance, or excavation of any sort,
begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of
1966, as amended.
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In addition, the Contractor shall not conduct or authorize destructive project planning activities before completing
compliance with Section 106 of the National Historic Preservation Act of 1966, as amended.
If historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction
and implement reasonable measures to protect the discovery site from further disturbance, take reasonable steps to
ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe’s cultural staff
or committee, Tribal Historical Preservation Officer (THPO), Cultural Resources Program Manager at Washington
State Department of Health, and the State's Historical Preservation Officer (SHPO) at the Washington State
Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately, then contact the
concerned tribe’s cultural staff or committee and DAHP.
The Contractor shall require the above provisions to be contained in all contracts for work or services related to the
declared SCOPE OF WORK. In no case shall construction activities begin until the Contractor has complied with all
provisions of Section 106 of the National Historic Preservation Act of 1966.
In addition to the requirements set forth in this Contract, the Contractor agrees to comply with Native American Graves
Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code of Washington (RCW) 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60
regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington Administrative Code (WAC) 25-
48 regarding Archaeological Excavation and Removal Permits.
1.16. FEDERAL AND STATE REQUIREMENTS
The Contractor assures compliance with all applicable federal, state and local laws, requirements, and ordinances as
they pertain to the design, implementation, and administration of the approved project, including but not limited to those
listed in Attachments II, III, and IV.
1.17. COMPETITIVE BIDDING REQUIREMENTS
Pursuant to 40 CFR, Section 33.501(b) and (c), the Contractor also agrees to create and maintain a bidders list for
both Disadvantaged Business Enterprises (DBE) and Non-Disadvantaged Business Enterprises (non-DBE). The
purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive
bidding with as accurate a database as possible about the universe of DBE and non-DBE prime and subcontractors.
The list must include all firms that bid or quote on prime contracts or bid or quote subcontracts on Environmental
Protection Agency assisted projects, including both DBE and non-DBE. The bidders list must be kept at least until
the grant project period has expired and the recipient is no longer receiving Environmental Protection Agency
funding under the grant. For entities receiving identified loans, the bidders list must only be kept until the project
period for the identified loan has ended. The following information must be obtained from all prime and
subcontractors: entity's name with point of contact; entity's mailing address, telephone number, and e-mail address;
the procurement on which the entity bid or quoted, and when; and, entity's status as a DBE or non-DBE.
The Contractor agrees to provide Environmental Protection Agency Form 6100-2 DBE Subcontractor Participation
and Environmental Protection Agency Form 6100-3 DBE Subcontractor Performance to all its Disadvantaged
Business Enterprise subcontractors.
The Contractor shall require Disadvantaged Business Enterprise provisions are contained in all contracts with any
subcontractors for work or services related to the declared SCOPE OF WORK.
The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for
projects assisted in whole or in part with money from the Drinking Water State Revolving Fund program.
1.18. ELIGIBLE PROJECT COSTS
The Contractor assures compliance with Attachment V: DWSRF Eligible Project Costs, which identifies eligible costs
for projects funded by Drinking Water State Revolving Fund loans.
1.19. PREVAILING WAGE
These terms supersede the terms in Section 2.33. Prevailing Wage Laws in General Terms and Conditions.
All contractors and subcontractors performing work on a construction project funded through this Contract shall
comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to:
State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this
contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit
of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence
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compliance with Chapter 39.12 RCW, and shall make such records available for Board’s review upon request;
or,
The Davis Bacon Act, 40 USC 276a-276a-5 and related federal acts provide that all laborers and mechanics
employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the Secretary of Labor.
The Contractor agrees that the Contractor is legally and financially responsible for compliance with the prevailing
wage requirements. Contractor is advised to consult the United States Department of Labor and Washington State
Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid.
The Contractor shall ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or
services listed in the declared SCOPE OF WORK shall insert in full, in any contract, the labor standards provisions
listed in Attachment VI: Labor Standard Provisions for Subrecipients That Are Governmental Entities. Contractor
shall report to the Board and/or the Department of Health that this requirement has been met as stated in this
Contract.
1.20. FEDERAL EXCLUSION
These Terms add to the terms in Section 2.11. Certification Regarding Debarment, Suspension or Ineligibility and
Voluntary Exclusion – Primary and Lower Tier Covered Transactions in General Terms and Conditions. The
Contractor also agrees to access the Federal Exclusion List at www.sam.gov and provide Federal Exclusion
documentation to the Board and to keep a copy on file with the Contractor’s project records.
1.21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR)
By signing this Contract, the Contractor accepts the requirements stated in 48 CFR 52.204-7 to register with the
Central Contractor Registration (CCR) database at the System for Awards Management (SAM) website. To register
in SAM, a valid Data Universal Numbering System (DUNS) Number is required. The Contractor is responsible for the
accuracy and completeness of the data within the SAM database and for any liability resulting from the Government's
reliance on inaccurate or incomplete data. The Contractor must remain registered in the SAM database after the initial
registration. The Contractor is required to review and update on an annual basis from the date of initial registration or
subsequent updates its information in SAM to ensure it is current, accurate and complete. The Contractor shall provide
evidence documenting registration and renewal of SAM registration to the Board.
In the event of the Contractor’s noncompliance or refusal to comply with the requirement stated above, the Board
reserves the right to suspend payment until the Contractor cures this noncompliance.
1.22. RECORDKEEPING AND ACCESS TO RECORDS
These terms supersede the terms in Section 2.38. Records Maintenance in General Terms and Conditions.
The Board, the Board’s agents, and duly authorized officials of the state and federal governments shall have full
access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of
the Contractor and of persons, firms, or organizations with which the Contractor may contract, involving transactions
related to this project and this Contract.
The Contractor agrees to retain these records for a period of six (6) years from the date that the debt is retired. This
includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the six
(6) year period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved.
1.23. REPORTS
The Contractor, at such times and on such forms as the Board may require, shall furnish the Board with such
periodic reports as it may request pertaining to the activities undertaken pursuant to this Contract including, but not
limited to:
A. Prevailing Wage decisions and/or changes
B. Disadvantaged Business Enterprises utilization
C. Project Status Reports with each Invoice Voucher
D. Certified Project Completion Report at project completion (as described in Section 1.11)
E. Other reports as the Board may require
In the event of the Contractor’s noncompliance or refusal to comply with the requirement stated above, the Board
reserves the right to suspend payment until the Contractor cures this noncompliance.
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1.24. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS
Amendments, modifications, assignments, and waivers to any of the terms of this contract supersede those terms as
found in the original contract.
The Contractor may request an amendment of this Contract for the purpose of modifying the declared SCOPE OF
WORK or for extending the time of performance as provided for in Section 1.10. Any revision to the SCOPE OF
WORK or location of the project must be approved by the Department of Health. No modification or amendment
resulting in an extension of time shall take effect until a request has been received and approved by the Board in
accordance with Section 1.10.
During the term of this loan, any change in ownership of the water system(s) improved with funds received
by the Contractor under this Contract must be approved in writing by the Board. As a condition of
approval, the Board reserves the right to demand payment in full of the outstanding principal balance of the
loan.
No conditions or provisions of this Contract may be waived unless approved by the Board in writing. No waiver of any
default or breach by any party shall be implied from any failure to take action upon such default or breach if the default
of breach persists or repeats.
1.25. TERMINATION FOR CAUSE
These terms supersede the terms in Section 2.46. Termination for Cause/Suspension in General Terms and
Conditions.
If the Board concludes that the Contractor has failed to comply with the terms and conditions of this Contract, or has
failed to use the loan proceeds only for those activities identified in the declared SCOPE OF WORK, or has
otherwise materially breached one or more of the covenants in this Contract, the Board may at any time, at its
discretion, upon notice to the Contractor, terminate the Contract and/or its attached agreements in whole or in part
and declare the entire remaining balance of the loan, together with any interest accrued, immediately due and
payable in full. Such Notice of Termination for Cause shall be in writing, shall state the reason(s) for such
termination, and shall specify the effective date of the termination. The effective date of the termination will be
determined by the Board. Such notice shall inform the Contractor of the breach of the relevant covenant and shall
allow the Contractor at least thirty (30) business days to cure such breach, if curable. The notice shall instruct the
Contractor that, if the breach is not cured or cannot be cured within thirty (30) business days, the outstanding
balance of the loan shall be due and payable. If this Contract is so terminated, the Board shall be liable only for
payment required under the terms of this Contract for services rendered or goods delivered prior to the effective
date of termination. Nothing in this section shall affect the Contractor’s obligations to immediately repay the unpaid
balance of the loan as prescribed in the Washington Administrative Code (WAC) 246-296-150.
1.26. TERMINATION FOR CONVENIENCE
These terms supersede the terms in Section 2.47. Termination for Convenience in General Terms and Conditions.
The Board may terminate this Contract in the event that federal or state funds are no longer available to the Board,
or are not appropriated for the purpose of meeting the Board’s obligations under this Contract. The Board shall
notify the Contractor in writing of its determination to terminate and the reason for such termination. The effective
date of the termination will be determined by the Board. If this Contract is so terminated, the Board shall be liable
only for payment required under the terms of this Contract for services rendered or goods delivered prior to the
effective date of termination. Nothing in this section shall affect Contractor’s obligations to repay the unpaid balance
of the loan.
1.27. AUDIT
These terms supersede the terms in Section 2.10. Audit in General Terms and Conditions.
The Board reserves the right to require an audit of this project. The Contractor is responsible for correcting any
audit findings. The Contractor agrees to refund to the Board all disallowed costs resulting from the audit. Audit
costs are allowable expenses within this Contract.
Municipal and Not-For-Profit entities:
Audits of the Contractor’s project activities may be conducted by the State Auditor Office (SAO). Audit costs are
eligible project costs. The Contractor shall maintain its records and accounts so as to facilitate the audit
requirements of the Board or its successor. The Contractor is responsible for any audit findings incurred by its
own organization. The Board reserves the right to recover from the Contractor all disallowed costs resulting from
the audit.
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For audits of fiscal years beginning after December 26, 2014, Contractors expending $750,000 or more in any
fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in
accordance with 2 CFR §200.501 – Audit Requirements."
For audits of fiscal years beginning prior to December 26, 2014, Contractors expending $500,000 or more in any
fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in
accordance with existing Federal audit requirements.
For-Profit entities:
Audits must include a report on the internal control related to the federal program, which should describe the
scope of testing of the internal control and the results of the tests.
The audit also must include a report on compliance, which includes an opinion (or disclaimer of opinion) on
whether the auditee complied with laws, regulations and the provisions of the award agreement that could have a
direct and material effect on the federal program.
The Contractor must send a copy of any required audit Reporting Package as described in existing Federal audit
requirements for audits of fiscal years beginning prior to December 26, 2014, or 2 CFR §200.512 – Report
Submission, for audits of fiscal years beginning after December 26, 2014, no later than nine (9) months after the
end of the Contractor’s fiscal year(s) to:
Department of Commerce
ATTN: Public Works Board
P.O. Box 42525
1011 Plum Street SE
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the Contractor must include:
Corrective action plan for audit findings within three (3) months of the audit being received by the Board.
Copy of the Management Letter.
1.28. PROJECT SIGNS
If the Contractor displays, during the period covered by this Contract, any signs or markers identifying those entities
participating financially in the approved project, the sign or marker must identify the Washington State Public Works
Board Drinking Water State Revolving Fund and the Washington State Department of Health as participants in the
project.
1.29. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
As mandated by the Environmental Protection Agency, the Contractor agrees to comply with the requirements of
the Environmental Protection Agency’s Program for Utilization of Small, Minority, and Women’s Business
Enterprises in procurement under this Contract. The Contractor is required to follow the requirements identified in
Attachment III: Disadvantaged Business Enterprise Requirements.
By signing this Contract, the Contractor accepts the applicable MBE/WBE fair share objectives/goals negotiated
with Environmental Protection Agency by the Washington State Office of Minority and Women's Business
Enterprises. The Contractor attests to the fact that it is purchasing the same or similar construction, supplies,
services and equipment, in the same or similar relevant geographic buying market as Washington State Office of
Minority and Women's Business Enterprises. The goals for the utilization of disadvantaged businesses are stated in
Attachment III: Disadvantaged Business Enterprise Requirements.
The Contractor is required to furnish the Board and the Department of Health with such periodic reports as the
Department may request pertaining to the utilization of disadvantaged businesses.
1.30. NONDISCRIMINATION PROVISION
During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws,
including, but not limited to Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 USC 12101 et seq,
the Americans with Disabilities Act (ADA).
In the event of the Contractor’s noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the Contractor
may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable
time in which to cure this noncompliance.
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The Contractor must also include the following terms and conditions in contracts with all contractors,
subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF
WORK:
“The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the
Contractor to carry out these requirements is a material breach of this Contract which may result in termination of
this Contract.”
1.31. PROHIBITION STATEMENT
Pursuant to Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the Contractor `s
contractors, subcontractors, engineers, vendors, and any other entity shall comply with and include the following
terms and conditions in all contracts for work or services listed in the declared SCOPE OF WORK:
“All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the
performance of this award or subawards under the award, or in any manner during the period of
time that the award is in effect. This prohibition applies to you as the recipient, your employees,
subrecipients under this award, and subrecipients’ employees.”
If any term of this section is violated, this contract may be terminated.
1.32. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
The Contractor warrants that the Contractor neither has submitted nor shall submit any information that is materially
false, incorrect, or incomplete to the Board.
The Contractor is advised that providing false, fictitious, or misleading information with respect to the receipt and
disbursements of Environmental Protection Agency funds is basis for criminal, civil, or administrative fines and/or
penalties.
1.33. LITIGATION
The Contractor warrants that there is no threatened or pending litigation, investigation, or legal action before any
court, arbitrator, or administrative agency that, if adversely determined, would have a materially adverse effect on
the Contractor’s ability to repay the loan.
1.34. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES
The Contractor agrees to provide a resolution adopting rate increases, capital assessments, or both, for the
services of the system that shall be sufficient to provide funds which, along with other revenues of the system, will
pay all operating expenses and debt repayments during the term of the loan. In addition, the Contractor shall create,
fund, and maintain reserves at least as required by the Water System Plan or Small Water System Management
Plan. The Board reserves the right, at anytime, to request proof of compliance of these requirements from the
Contractor.
1.35. SPECIAL CONDITIONS
If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein
incorporated as part of the terms and requirements of this contract.
1.36. INVESTMENT GRADE AUDIT
For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works
facility for which energy efficiency is obtainable, Contractor must undertake an investment grade audit per ESHB
1497.
Costs incurred as part of the investment grade audit are eligible project costs.
1.37. BUY AMERICAN
None of the funds made available to the Contractor shall be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in
the project are produced in the United States. This requirement applies to the entire project receiving a loan
agreement executed after January 17, 2014. Buy American does not apply to a project if the Department of Health
approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans
and specifications prior to a project requesting bids, prior to January 17, 2014.
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Waiver of the Buy American requirement may be considered if: 1) compliance would be inconsistent with the public
interest; or 2) the particular iron and steel products are not produced in the United States in sufficient and
reasonably available quantities and/or the particular iron and steel products are not of a satisfactory quality; or 3)
inclusion of iron and steel products produced in the United States will increase the cost of the overall project by
more than 25 percent. For consideration, a request for a waiver must be submitted to the Environmental Protection
Agency (EPA). Contractors shall submit the waiver request to Commerce, which will then submit the request to
EPA. EPA will post the waiver request and any other information available to EPA concerning the waiver request,
on EPA’s public Internet website and allow for informal public input on the request for at least 15 days prior to
making a finding based on the request. The full text of the Buy American requirements appear at H.R. 3547,
Consolidated Appropriations Act, 2014.
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Part 2. GENERAL TERMS AND CONDITIONS
2.1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Public Works Board Chair and/or the designee authorized in writing
to act on the Chair’s behalf.
B. "Board” shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)
43.155.030, and which is a Party to the Contract
C. “Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and
shall include all employees and agents of the Contractor.
D. “Modified Total Direct Costs (MTDC” shall mean all direct salaries and wages, applicable fringe benefits,
materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period
of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges
for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the
portion of each subaward in excess of $25,000.
E. “Personal Information” shall mean information identifiable to any person, including, but not limited to,
information that relates to a person’s name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, social security numbers, driver
license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those
services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and
“subcontractors” mean subcontractor(s) in any tier.
2.2. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Specific Terms and Conditions. Administrative services
shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable
administrative costs that support services provided under each Contract administered by the Contractor. An
approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed.
2.3. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum
amount stated on the Contract Award or Amendment Face Sheet.
2.4. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
2.5. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless
they are in writing and signed by personnel authorized to bind each of the parties.
2.6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE
“ADA” 28 CFR PART 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, state and local government services, and
telecommunications.
2.7. APPROVAL
This contract shall be subject to the written approval of the Board’s Authorized Representative and shall not be
binding until so approved. The contract may be altered, amended, or waived only by a written amendment
executed by both parties.
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2.8. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor
without prior written consent of the Board.
2.9. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought
to enforce Contract terms, each party agrees to bear its own attorneys fees and costs.
2.10. AUDIT
A. General Requirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure
that Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
Subcontractors.
The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit.
As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with
Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book)
developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be included with
the audit report. The Contractor must respond to the Board requests for information or corrective action
concerning audit issues within thirty (30) days of the date of request.
B. Federal Funds Requirements - OMB Circular A-133 Audits of States, Local Governments and Non-Profit
Organizations
Grantees expending $750,000 or more in a fiscal year (that begins after December 26, 2014) in federal funds
from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR Part
200. For fiscal years beginning prior to December 26, 2014, Grantees are required to have an audit conducted
in accordance with Federal audit requirements. When state funds are also to be paid under this Agreement a
Schedule of State Financial Assistance as well as the required schedule of Federal Expenditure must be
included. Both schedules include:
Grantor agency name
Federal agency
Federal program name
Other identifying contract numbers
Catalog of Federal Domestic Assistance (CFDA) number (if applicable)
Grantor contract number
Total award amount including amendments (total grant award)
Current year expenditures
If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit.
Audits of non-profit organizations are to be conducted by a certified public accountant selected by the
Contractor in accordance with OMB Circular A-110 “Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.”
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contractor’s financial records must be available for review by the Board.
C. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133,
Part C, Section 320(c) no later than nine (9) months after the end of the Contractor’s fiscal year(s) by sending a
scanned copy to auditreview@commerce.wa.gov or by sending a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street
PO Box 42525
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In addition to sending a copy of the audit, when applicable, the Contractor must include:
Corrective action plan for audit findings within three (3) months of the audit being received by the Board.
Copy of the Management Letter.
2.11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY
EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and
Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this contract, been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction
of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,
state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this section; and,
4. Have not within a three-year period preceding the signing of this contract had one or more public
transactions (federal, state, or local) terminated for cause of default.
B. Where the Contractor is unable to certify to any of the statements in this contract, the Contractor shall attach an
explanation to this contract.
C. The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the Board.
D. The Contractor further agrees by signing this contract that it will include the clause titled “Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” as follows,
without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions:
LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
b) Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor
shall attach an explanation to this contract.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary
covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in
the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the
Board for assistance in obtaining a copy of these regulations.
2.12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal
building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with
Disabilities Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department.
2.13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the Contractor by the Board that is designated as “confidential” by the Board;
2. All material produced by the Contractor that is designated as “confidential” by the Board; and
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3. All personal information in the possession of the Contractor that may not be disclosed under state or federal
law. “Personal information” includes but is not limited to information related to a person’s name, health,
finances, education, business, use of government services, addresses, telephone numbers, social security
number, driver’s license number and other identifying numbers, and “Protected Health Information” under
the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes
of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party
except with the prior written consent of the Board or as may be required by law. The Contractor shall take all
necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Contractor shall provide the Board with its policies and procedures on confidentiality. The
Board may require changes to such policies and procedures as they apply to this Contract whenever the Board
reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall
make the changes within the time period specified by the Board. Upon request, the Contractor shall
immediately return to the Board any Confidential Information that the Board reasonably determines has not
been adequately protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of any
unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the
harmful effects of such use or disclosure.
2.14. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole
discretion, by written notice to the Contractor terminate this contract if it is found after due notice and examination
by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar
statute involving the Contractor in the procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the
Revised Code of Washington. The Contractor and their subcontractor(s) must identify and state of Washington
employees for former state employees employed or on the firm’s governing board during the past 24 months.
Identify the individual by name, the agency previously or currently employed by, job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the Contractor may be
disqualified from further consideration for the award of a contract.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same
remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor. The
rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any
other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any
determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this
contract.
2.15. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
2.16. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as
defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of
such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the
Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property
rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions.
“Ownership” includes the right to copyright, patent, register and the ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under
the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license (with rights
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to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly
perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and
permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a
license to the Board.
The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished
under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such
document which was not produced in the performance of this Contract. The Contractor shall provide the Board with
prompt written notice of each notice or claim of infringement received by the Contractor with respect to any
Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings
placed upon the Materials by the Contractor.
2.17. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of
its Subcontractors.
2.18. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved
by direct negotiation, either party may request a dispute hearing with the Director of the Board, who may designate
a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Contract number; and,
be mailed to the Director and the other party’s (respondent’s) Contract Representative within three (3) working
days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s
designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within ten (10)
working days. The Director or designee may extend this period if necessary by notifying the parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute
resolution (ADR) method in addition to the dispute hearing procedure outlined above.
2.19. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged
against any other contract, subcontract, or other source.
2.20. ETHICS/CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act
(Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest.
2.21. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the
venue of any action brought hereunder shall be in the Superior Court for Thurston County.
2.22. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of
Washington, the Board, all other agencies of the state and all officers, agents and employees of the state, from and
against all claims or damages for injuries to persons or property or death arising out of or incident to the
Contractor’s performance or failure to perform the Contract. The Contractor’s obligation to indemnify, defend, and
hold harmless includes any claim by the Contractor’s agents, employees, representatives, or any Subcontractor or
its agents, employees, or representatives.
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The Contractor’s obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged
concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Board, the
state of Washington, its officers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless the state and its agencies, officers, agents or employees.
2.23. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and
its employees or agents performing under this Contract are not employees or agents of the State of Washington or
the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the
State of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which
would accrue to such officer or employee under law. Conduct and control of the work will be solely with the
Contractor.
2.24. INDIRECT COSTS
If statutorily allowed and if the Contractor chooses to charge Indirect under this grant, the Contractor shall provide
their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate
exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used.
2.25. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor
fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as
may be required by law, The Board may collect from the Contractor the full amount payable to the Industrial
Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the
amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the
Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of
L&I’s rights to collect from the Contractor.
2.26. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and
federal governments, as now or hereafter amended, including, but not limited to:
United States Laws, Regulations and Circulars (Federal)
A. Audits
Office of Management and Budget (OMB) Revised Circular A-133 “Audits of States, Local Governments, and
Non-Profit Organizations.”
B. Environmental Protection and Review
Coastal Zone Management Act of 1972, 16 USC.§§1451-1464HUD’s implementing regulations at 24 CFR parts
50 or 58, as appropriate.
Lead Based Paint Poisoning Prevention Act, 42 USC 4821-4846 also 24 CFR 982.401(j).
National Environmental Policy Act of 1969, 42 USC4321 et seq. and the Implementing Regulations of 24 CFR
58 (HUD) and 40 CFR 1500-1508 (Council on Environmental Quality) Residential Lead-Based Paint Hazard
Reduction Act of 1992, 42 USC 4851-4856.
C. Flood Plains
Flood Disaster Protection Act of 1973, 42 USC 4001-4128.
D. Labor and Safety Standards
All Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards (HQS) and
Local Housing Code Requirements for the duration of the Affordability Period.
Convict Labor, 18 USC 751, 752, 4081, 4082.
Davis Bacon Act, 40 USC 276a-276a-5.
Drug-Free Workplace Act of 1988, 41 USC 701 et seq.
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Federal Fair Labor Standards Act, 29 USC 201 et seq.
Work Hours and Safety Act of 1962, 40 USC 327-330 and Department of Labor Regulations, 29 CFR Part 5.
Title IV of the Lead Based Paint Poisoning Prevention Act, 42 USC 4831, 24 CFR Part 35.
E. Laws against Discrimination
Age Discrimination Act of 1975, Public Law 94-135, 42 USC 6101-07, 45 CFR Part 90 Nondiscrimination in
Federally Assisted Programs.
Americans with Disabilities Act of 1990, Public Law 101-336.
Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and
supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
Fair Housing Act (42 USC 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of the
Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8.
Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 USC 3601-19.
Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 USC 793.
Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 USC 794.
Minority Business Enterprises, Executive Order 11625, 15 USC 631.
Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551.
Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a).
Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 USC 2002d et seq,
24 CFR Part 1.
Nondiscrimination in Employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352.
Nondiscrimination in Federally Assisted Programs.
Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 USC 2000e, as
amended by Executive Order 11375, 41 CFR Chapter 60.
Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR 570.607(b)).
F. Office of Management and Budget Circulars
Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225.
Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit organization).
Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102, (if the Contractor
is a local government or federally recognized Indian tribal government).
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals and Other Nonprofit Organizations, OMB Circular A-110.
G. Other
Anti-Kickback Act, 18 USC 874; 40 USC 276b, 276c; 41 USC 51-54.
H.R. 3547, Consolidated Appropriations Act, 2014.
Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54,
No. 243\Wednesday, December 20, 1989.
Hatch Political Activity Act, 5 USC 1501-8.
Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying Amendment). 31
USC 1352 provides that Contractors who apply or bid for an award of $100,000 or more must file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31
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USC 1352. Each tier must disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
Non-Supplanting Federal Funds.
Section 8 Housing Assistance Payments Program.
H. Privacy
Privacy Act of 1974, 5 USC 522a.
I. Relocation
Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and implementing regulations
at 49 CFR part 24.
Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at
24 CRF part 570.
Washington State Laws and Regulations
A. Affirmative Action, RCW 41.06.020 .
B. Boards of Directors or Officers of Non-Profit Corporations – Liability - Limitations, RCW 4.24.264.
C. Disclosure-Campaign Finances-Lobbying, Chapter 42.17 RCW.
D. Discrimination-Human Rights Commission, Chapter 49.60 RCW.
E. Ethics in Public Service, Chapter 42.52 RCW.
F. Affordable Housing Program, Chapter 43.185 RCW
G. Interlocal Cooperation Act, Chapter 39.34 RCW.
H. Noise Control, Chapter 70.107 RCW.
I. Office of Minority and Women’s Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC.
J. Open Public Meetings act, Chapter 42.30 RCW.
K. Prevailing Wages on Public Works, Chapter 39.12 RCW.
L. Public Records Act, Chapter 42.56 RCW.
M. Relocation Assistance - Real Property Acquisition Policy, Chapter 8.26 RCW.
N. Shoreline Management Act of 1971, Chapter 90.58 RCW.
O. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW.
P. State Building Code, Chapter 19.27 RCW and Energy-Related Building Standards, Chapter 19.27A RCW, and
Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW.
Q. State Coastal Zone Management Program Section 309 Assessment and Strategy (Publication 01-06-003),
Shorelands and Environmental Assistance Program, Washington State Department of Ecology.
R. State Environmental Policy, Chapter 43.21C RCW.
S. State Executive Order 05-05, Archeological and Cultural Resources.
2.27. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration
requirements or standards necessary for the performance of this Contract.
2.28. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be made
prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Contract.
2.29. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement strategies
designed to ensure access to services.
2.30. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or refusal to
comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated
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in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The
Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be
resolved in accordance with the “Disputes” procedure set forth herein.
2.31. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES
The Contractor shall provide all tenants, if any, with information outlining tenant rights and responsibilities under the
Washington State Landlord Tenant laws, Title 59, Revised Code of Washington.
The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing and Urban
Development (HUD) funds notice regarding their eligibility for relocation assistance. Such notices will be provided
as required by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended and
referenced in 49 CFR part 24 and Section 104(d) of the Housing and Community Development Act of 1974, as
amended and referenced in 24 CFR 570 and noted in HUD’s Handbook No. 1378. Notifications will include but not
be limited to:
General Information Notice
Notice of Displacement/Non-Displacement
2.32. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying
provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any person for
public office.
2.33. PREVAILING WAGE LAWS
All contractors and subcontractors performing work on a construction project funded through this agreement shall
comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to:
State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this
contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of
Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available for the Board’s review upon request;
or
The Davis Bacon Act, 40 USC. 276a-276a-5 and related federal acts provide that all laborers and mechanics
employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the Secretary of Labor.
2.34. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local government or Indian Tribal government must establish procurement policies and
procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for
State and Local Governments, for all purchases funded by this Contract.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular
A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases
funded by this Contract.
The Contractor’s procurement system should include at least the following:
1. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged
in the awarding of contracts using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the
maximum extent practical, open and free competition.
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items.
b. Solicitations shall be based upon a clear and accurate description of the technical requirements of the
procured items.
c. Positive efforts shall be made to use small and minority-owned businesses.
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d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Contractor,
but must be appropriate for the particular procurement and for promoting the best interest of the program
involved.
e. Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform
successfully under the terms and conditions of the proposed procurement.
f. Some form of price or cost analysis should be performed in connection with every procurement action.
g. Procurement records and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
h. A system for contract administration to ensure Contractor conformance with terms, conditions and
specifications of this Contract, and to ensure adequate and timely follow-up of all purchases.
4. Contractor and Subcontractor must receive prior approval from the Board for using funds from this Contract to
enter into a sole source contract or a contract where only one bid or proposal is received when value of this
contract is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related procurement documents and
justification for non-competitive procurement, if applicable.
2.35. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of
obtaining approval of the application for such funds or any other approval or concurrence under this Contract
provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other
than actual solicitation, are not hereby prohibited if otherwise eligible as project costs.
2.36. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington
or the Board’s name is mentioned, or language used from which the connection with the state of Washington’s or
the Board’s name may reasonably be inferred or implied, without the prior written consent of the Board .
2.37. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the
provisions of this contract, The Board reserves the right to recapture funds in an amount to compensate the Board
for the noncompliance in addition to any other remedies available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by
the Board. In the alternative, The Board may recapture such funds from payments due under this contract.
2.38. RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and
performance of the services described herein, including but not limited to accounting procedures and practices
which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this
Contract. Contractor shall retain such records for a period of six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained
until all litigation, claims, or audit findings involving the records have been finally resolved.
2.39. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of Revenue.
2.40. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor’s performance under this Contract shall be subject at all
reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state
officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance
under this Contract. The Contractor shall provide access to its facilities for this purpose.
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2.41. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this Contract and prior to normal completion, The Board may terminate the Contract under the
"Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the
Contract may be amended to reflect the new funding limitations and conditions.
2.42. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid
provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and
to this end the provisions of this Contact are declared to be severable.
2.43. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of
the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as
well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a)
require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the
Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a
subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is
responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract.
The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this
Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor
to the Board for any breach in the performance of the Contractor’s duties.
Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or
damages arising from a Subcontractor’s performance of the subcontract.
2.44. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to
survive the completion of the performance, cancellation or termination of this Contract shall so survive.
2.45. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s income or gross
receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the
Contractor.
2.46. TERMINATION FOR CAUSE/SUSPENSION
In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the
Board may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall
be deemed “for cause.” Termination shall take effect on the date specified in the notice.
In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which to
correct the non-compliance. During the corrective-action time period, the Board may suspend further payment to
the Contractor in whole or in part, or may restrict the Contractor’s right to perform duties under this Contract.
Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written
notice to the Contractor.
“Termination for Cause” shall be deemed a “Termination for Convenience” when the Board determines that the
Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not
caused by the Contractor’s actions or negligence.
If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including,
but not limited to, any cost difference between the original contract and the replacement contract, as well as all
costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff
time).
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2.47. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, the Board may, by ten (10) business days written notice, beginning
on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the
Board shall be liable only for payment required under the terms of this Contract for services rendered or goods
delivered prior to the effective date of termination.
2.48. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall:
A. Stop work under the Contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract;
C. Assign to the Board all of the rights, title, and interest of the Contractor under the orders and subcontracts so
terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of
the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have
the prior written approval of the Board; and
D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor’s
possession as directed by the Board.
Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor
under the Contract prior to the date of termination. The Board may withhold any amount due as the Board
reasonably determines is necessary to protect the Board against potential loss or liability resulting from the
termination. The Board shall pay any withheld amount to the Contractor if the Board later determines that loss or
liability will not occur.
The rights and remedies of the Board under this section are in addition to any other rights and remedies provided
under this Contract or otherwise provided under law.
2.49. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any
waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing
and signed by Authorized Representative of the Board.
2.50. WORK HOURS AND SAFETY STANDARDS
The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable, all contracts awarded by
recipients in excess of $100,000 for construction and other purposes that involve the employment of mechanics or
laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety
Standards Act (40 USC 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under
Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer
or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
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City of Auburn Page 29 Attachment I: Attorney’s Certification
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ATTACHMENT I: ATTORNEY’S CERTIFICATION
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
City of Auburn
DM16-952-046
I, ________________________________________________, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the
Contractor identified on the Declarations Page of the Contract identified above; and
I have also examined any and all documents and records, which are pertinent to the Contract, including the
application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The Contractor is a public body, properly constituted and operating under the laws of the State of
Washington, empowered to receive and expend federal, state and local funds, to contract with the State of
Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their
application.
2. The Contractor is empowered to accept the Drinking Water State Revolving Fund financial assistance and
to provide for repayment of the loan as set forth in the loan agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the
above-described public facilities project or to enjoin the Contractor from repaying the Drinking Water State
Revolving Fund loan extended by the Public Works Board with respect to such project. The Contractor is
not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in
the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable
to the Contractor.
__________________________________ _____________________________
Signature of Attorney Date
__________________________________
Name
_______________________________________________________________________
Address
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City of Auburn Page 30 Attachment I: Attorney’s Certification
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ORD.B Page 101 of 179
City of Auburn Page 31 Attachment II: Federal and State Requirements
DM16-952-046 9/29/20169/14/2016 DWSRF NT Loan Contract (Municipal)
ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS
1) Environmental Authorities
a) Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended
b) Clean Air Act, Public Law 84-159 as amended
c) Coastal Zone Management Act, Public Law 92-583 as amended
d) Endangered Species Act, Public Law 93-205 as amended
e) Environmental Justice, Executive Order 12898
f) Floodplain Management, Executive Order 11988 as amended by Executive Order 12148
g) Protection of Wetlands, Executive Order 11990
h) Farmland Protection Policy Act, Public Law 97-98
i) Fish and Wildlife Coordination Act, Public Law 85-624 as amended
j) National Historic Preservation Act of 1966, Public Law 89-665 as amended
k) Safe Drinking Water Act, Public Law 93-523 as amended
l) Wild and Scenic Rivers Act, Public Law 90-542 as amended
2) Economic and Miscellaneous Authorities
a) Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive
Order 12372
b) Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act,
including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac
with Respect to Federal Contracts, Grants, or Loans
c) Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended
d) Debarment and Suspension, Executive Order 12549
e) H.R. 3547, Consolidated Appropriations Act, 2014.
3) Social Policy Authorities
a) Age Discrimination Act of 1975, Public Law 94-135
b) Title VI of the Civil Rights Act of 1964, Public Law 88-352
c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water
Act)
d) Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250)
e) Equal Employment Opportunity, Executive Order 11246
f) Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean
Water Act)
g) Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100-
590
4) State Laws
a) Chapter 36.70A RCW, Growth Management Act
b) Chapter 39.80 RCW, Contracts for Architectural and Engineering Services
c) Chapter 39.12 RCW, Washington State Public Works Act
d) Chapter 43.20 RCW, State Board of Health
e) Chapter 43.70 RCW, Department of Health
f) Chapter 43.155 RCW, Public Works Project
g) Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977
h) Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations
i) Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances
j) Chapter 246-290 WAC, Group A Public Water Systems
k) Chapter 246-291 WAC, Group B Public Water Systems
l) Chapter 246-292 WAC, Waterworks Operator Certification Regulations
m) Chapter 246-293 WAC, Water Systems Coordination Act
n) Chapter 246-294 WAC, Drinking Water Operating Permits
o) Chapter 246-295 WAC, Satellite System Management Agencies
p) Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program
q) Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells
r) Title 173 WAC, Department of Ecology Rules
s) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section
Adopted by Reference)
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City of Auburn Page 32 Attachment II: Federal and State Requirements
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ORD.B Page 103 of 179
City of Auburn Page 33 Attachment III: DBE Requirements
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ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE
REQUIREMENTS
GENERAL COMPLIANCE, 40 CFR, Part 33
The Contractor agrees to comply with the requirements of Environmental Protection Agency's Program for Utilization of
Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR,
Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
The following are exemptions from the fair share objective Requirements:
Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year.
Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B.
o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular
Area recipients.
Recipients of Technical Assistance Grants.
The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office
of Minority Women Business are stated below.
Construction 10% MBE 6% WBE
Supplies 8% MBE 4% WBE
Equipment 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
By signing this Contract, the Contractor is accepting the fair share objectives/goals stated above and attests to the fact
that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant
geographic buying market as WA Office of Minority Women Business goal is being adopted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the Contractor agrees to make the following good faith efforts whenever procuring
construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-
recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include:
A. Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients,
this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources.
B. Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages
and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the
bid or proposal closing date.
C. Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include
dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
D. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
E. Use the services and assistance of the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
F. If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in
paragraphs A through E above.
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MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
Contractor is required to submit MBE/WBE participation reports to the Board and/or the Department of Health, on a
quarterly basis, beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing
until the project is completed.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The Contractor agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
The Contractor agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor
Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business
Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF
WORK. These two (2) forms may be obtained from the EPA Office of Small Business Program’s website on the internet at
http://www.epa.gov/osbp/grants.htm.
The Contractor agrees to require all general contractors to complete and submit to the Contractor and Environmental
Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting
period the Contractor receives the award and continuing until the project is completed. Only procurements with certified
MBE/WBEs are counted toward a Contractor’s MBE/WBE accomplishments.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
The Contractor is also required to create and maintain a bidders list if the Contractor of the loan is subject to, or chooses
to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and
exemptions.
Section 33.501(b) of the rule is as follows:
A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In
addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities
receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow,
competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified
loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-
MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on
subcontracts under EPA assisted projects, including both MBE/WBEs.
The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA
funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the
identified loan has ended. The following information must be obtained from all prime and subcontractors:
(1) Entity’s name with point of contact;
(2) Entity’s mailing address, telephone number, and e-mail address;
(3) The procurement on which the entity bid or quoted, and when; and
(4) Entity’s status as a MBE/WBE1 or non-MBE/WBE.
The exemption found at § 33.501(c) is as follows:
A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance
agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal
year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient
under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list
requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity
receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is
limited to the paragraph (b) of this section bidders list requirements of this subpart.
1 Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office
of Minority and Women’s Enterprises at 360-704-1181.
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City of Auburn Page 35 Attachment IV: Certification Regarding Debarment
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EPA Project Control Number
ATTACHMENT IV: CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
United States Environmental Protection Agency
Washington, DC 20460
The prospective participant certifies to the best of its knowledge and belief that it and the principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for otherwise criminally or civilly charged by a government entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the
award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for
up to 5 years, or both.
Typed Name & Title of Authorized Representative
__________________________________________________________________
Signature of Authorized Representative Date
I am unable to certify to the above statements. My explanation is attached.
EPA Form 5700-49 (11-88)
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City of Auburn Page 37 Attachment V: DWSRF Eligible Project Costs
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ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS
Must be directly attributable to the project.
1. The costs for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies
Act of 1970.
2. DWSRF loan fees.
3. The purchase of a portion of another system’s
capacity, if it is the most cost effective solution
(limited to publicly owned (municipal) systems).
4. Construction of reservoirs (clear wells) that are part
of the treatment process and are collocated with the
treatment facility.
5. Construction of distribution reservoirs (finished
water).
6. Cost associated with restructuring or consolidation of
existing water systems by publicly owned water
systems.
7. Main extensions to connect to safe and reliable
sources of drinking water.
8. Cost associated with collecting and preparing
environmental assessment documents to obtain local
permits.
9. Direct labor including related employee benefits:
a. Salaries and wages (at actual or average rates)
covering productive labor hours of employees of
the borrower (excluding the administrative
organization of the operating unit involved) for
periods of time actively or incidentally engaged
in pre-design engineering, design engineering,
construction engineering, acquisition of rights of
way, and the cleaning, sterilization or
bacteriological testing of water system
components prior to public use. The costs of
services rendered by employees generally
classified as administration/project management
of the loan are considered a direct cost only
when such employees are assigned the types of
services described above and shall be limited to
3% or less of the project loan amount.
b. Employee benefits relating to labor are
considered a direct cost of construction projects.
The following items may be included as
employee benefits:
F.I.C.A. (Social Security) –employer’s share.
Retirement benefits.
Hospital, health, dental, and other welfare
insurance.
Life insurance.
Industrial and medical insurance.
Vacation.
Holiday.
Sick leave.
Military leave and jury duty.
Employee benefits must be calculated as a
percentage of direct labor dollars. The
computation of predetermined percentage rates
to be applied to current labor costs must be
based on the average of total employee benefits
and total labor costs for the prior fiscal year and
adjusted by known current year variations.
c. Other than work identified in Number 9.a, no
costs associated with labor performed by the
borrower’s employees, including force account
work, are eligible for financing assistance.
10. Contract engineering, planning, design, legal, and
financial planning services. The Board reserves the
right to declare ineligible legal costs that are
unreasonable and disproportionate to the project.
11. Contract construction work.
12. Direct vehicle and equipment charges at the actual
rental cost paid for the equipment or, in the case of
city or county-owned equipment, at the rental rates
established by the local government’s “equipment
rental and revolving fund” following the methods
prescribed by the division of municipal corporations.
However, such costs must be charged on a uniform
basis to equipment used for all projects regardless of
the source of funding. Cities with a population of
eight thousand or less not using this type of fund are
allowed the same rates as used by the State
Department of Transportation.
13. Direct materials and supplies.
14. Other direct costs incurred for materials or services
acquired for a specific project are eligible costs and
may include, but are not limited to such items as:
a. Telephone charges.
b. Reproduction and photogrammetry costs.
c. Video and photography for project
documentation.
d. Computer usage.
e. Printing and advertising.
15. Other project related costs include:
Competitive Bidding.
Audit.
Insurance.
Prevailing wages.
Attorney fees.
Environmental Review.
Archaeological Survey.
Water system plan costs are not eligible for
reimbursement. Small water system management
program and plan amendments costs are eligible for
reimbursement.
Projects may be designed to accommodate reasonable
growth. This is generally the 20-year projection included
in the system’s water system plan or small water system
management program.
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City of Auburn Page 39 Attachment VI: Labor Standards Provisions
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ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR
SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6)
Preamble
With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to
each State which in turn provides subgrants or loans to eligible entities within the State. Typically, the subrecipients are
municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set
forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary
responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in
Section I-5.
Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the
provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary
responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in
Section II-5.
I. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6)
For Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB) responsibilities
when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State
recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies,
obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of
Commerce. If a State recipient needs guidance, they may obtain additional guidance from DOL’s web site at
http://www.dol.gov/whd/.
1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and
repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control
revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking
water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties
regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on
that site.
2. Obtaining Wage Determinations.
(a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take
place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for
activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts.
Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the
prime contract.
(i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the
wage determination contained in the solicitation remains current. The subrecipients shall amend the
solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the
solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the
closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable
time to notify interested contractors of the modification of the wage determination. The State recipient will
provide a report of its findings to the subrecipient.
(ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any
modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be
effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly
basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage
determinations contained in the solicitation remain current.
(b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to
an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the
appropriate DOL wage determination from www.wdol.gov into the ordering instrument.
(c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime
contractor has required its subcontractors to include the applicable wage determinations.
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(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract
after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed
to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or
ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a
revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the
contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in
wages resulting from the use of DOL’s revised wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is
entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work
under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in
accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal
agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which
is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the
following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov.
(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The State award official shall approve a request for an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), documentation of the action taken and the request, including the local wage
determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the
request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of
receipt and so advise the State award official or will notify the State award official within the 30-day period that additional
time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including
the views of all interested parties and the recommendation of the State award official, to the Administrator for
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determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of
this section, shall be paid to all workers performing work in the classification under this contract from the first day on which
work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative
of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of
the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such
records shall contain the name, address, and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to
the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such
documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the
subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in
compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week.
The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four
digits of the employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s)
for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers
to the prime contractor for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
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(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into
the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this
section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for
inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees--
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
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not registered and participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S.
Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in
paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to
the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition
to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award
Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
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City of Auburn Page 44 Attachment VI: Labor Standards Provisions
DM16-952-046 9/29/20169/14/2016 DWSRF NT Loan Contract (Municipal)
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (a)(1) through (4) of this section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and
Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause
requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such
contract a clause providing hat the records to be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of
agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
5. Compliance Verification
(a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages
(covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29
CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF
1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on
request.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a
risk that the contractor or subcontractor is not complying with DB.
Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage
requirements. All interviews shall be conducted in confidence."
(c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that
contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot
check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors
and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll
data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the
completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot
check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In
addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder
by contractors and subcontractors who claim credit for fringe benefit contributions.
(d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify
registration and certification with respect to apprenticeship and training programs approved by either the U.S Department
of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of,
laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks
and interviews described in Item 5(b) and (c) above.
(e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department
of Commerce and to the appropriate DOL Wage and Hour District Office listed at
http://www.dol.gov/contacts/whd/america2.htm.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6623
Date:
October 11, 2016
Department:
Community Development &
Public Works
Attachments:
Exhibit 1 - Vicinity Map
Exhibit 2 - Final Plat Map
Exhibit 3 - HE Decision
Exhibit 4 - Certificate of Improvements
Ordinance No. 6623
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Ordinance No. 6623.
Background Summary:
Nick Abdelnour, representing Peasley Canyon Homes, LLC, has made application for
the Final Plat of “Canyon Creek at Peasley – Division 2” (originally known as “Auburn
Assemblage”); located on the south side of 321st St. S, between 46th Pl. S. and 51st
Ave. S., in the “West Hill” area of the City, see Exhibit 1. This Final Plat is the second
and final phase of a two-phase subdivision of approximately 34.35 acres into 154
single-family residential lots; this phase (“Division 2”) subdivides approximately 12.55
acres into 76 single-family residential lots, three tracts for access and utilities, four
tracts for HOA maintained open spaces, and dedication of public right-of-way, see
Exhibit 2. The preliminary plat was approved by the City of Auburn Hearing Examiner
on July 15, 2014 (PLT13-0006) with 33 conditions; see Exhibit 3.
The plat has been developed in accordance with the R-7 Residential zoning district as
defined by Chapter 18.07 ACC (Residential Zones), Title 17 ACC (Land Adjustments
and Division), Chapters 58.17 and 35A.58 RCW, and the applicable conditions of the
preliminary plat approval.
A Certificate of Improvements has been issued by the City Engineer, accepting
completion of all required plat improvements (see Exhibit 4).
The various divisions of the Community Development and Public Works Department
have reviewed the Final Plat Map of Canyon Creek at Peasley – Division 2 and find
that all requirements have been met.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 116 of 179
Other: Building, Fire, Legal, Planning, PW & Surveying
Councilmember: Staff:Snyder
Meeting Date:October 17, 2016 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 117 of 179
EXHIBIT 1 – Vicinity Map – Canyon Creek at Peasley Division 2
Printed Date: 9/29/2016 | Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as
mapped. The City of Auburn makes no warranty as to its accuracy.
PROPERTIES
SUBJECT
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Preliminary Plat p. 1 Findings, Conclusions and Decision
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Auburn Assemblage
PLT13-0006
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION.
INTRODUCTION
The a pplicant requests approval of a preliminary plat for a 154 lot single-family
subdivision of a 34.35 acre parcel located on the south side of 321 st Street S. between
46th Pl. S. and 51st Ave. S. The applicant also requests approval of four street standard
deviations. The preliminary plat is approved with conditions. The street standard
deviations are also approved.
Approval of the preliminary plat is premised upon the approval of an associated
rezone from R5 to R7. The examiner has recommended d enial on this rezone request.
If the City Council adopts the examiner’s denial recommendation, the applicant will
have to lower the density of the plat. It will be up to staff to ascertain what process
will be necessary to approve such a reduction in den sity and associated change in
preliminary plat design.
ORAL TESTIMONY
The hearing on the subject preliminary plat application was consolidated with the
hearing on the associated rezone request. Please see the rezone recommendation
(REZ13-0003) for a summary of the testimony of the consolidated hearing.
EXHIBITS
The hearing on the subject preliminary plat application was consolidated
with the hearing on the associated rezone request. Please see the rezone
recommendation (REZ13-0003) for a list of exhibits admitted into the
consolidated hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is PNW Home Builder North, LLC.
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2. Hearing. A public hearing was held on the proposed rezone on June 18,
2014 at 5:30 p.m. at the City Council chambers at Auburn City Hall. The hearing
was left open through June 30, 2014 because the appeal period for the State
Environmental Policy Act (“SEPA”) D etermination of Nonsignificance (“DNS”) did
not end until that date. Staff forwarded a SEPA mitigation agreement with the City of
Federal Way (Ex. 20) to the examiner on July 1, 2014.
Substantive:
3. Site/Proposal Description. The applicant requests approval of a
preliminary plat for a 154 lot single -family subdivision of a 34.35 acre parcel located
on the south side of 321 st Street S. between 46th Pl. S. and 51st Ave. S. The applicant
also requests four street standard deviations.
The project site is currently primarily undeveloped, with 3 single -family residential
structures (1 burnt out) with associated outbuildings. With the exception of the
single-family residence located in the northeastern corner of the project site, all other
structures will be demolished. The Project's calculated density is 5.69 dwelling units
per net acre which is within the density threshold for R7 zone. The base (maximum)
density for the R7 zone is 7 dwelling units per net acre. The minimum density for the
R7 zone is 5 dwelling units per net acre (ACC 18.07.030).
The following lot dimensions are proposed by the Project:
Minimum average lot area: 6,388sf
Minimum lot area: 4,342sf
Minimum lot width: 39 feet (Lot 113)
Per the modification (also termed "deviation") requ ests ("Exhibit 14") the first dated
March 6, 2014, and revised on April 4, 2014, the applicant proposes the following
deviations:
1. Reduced Horizontal Curve Radius
• Reduce the minimum horizontal curve radius of 333 feet for "Local
Residential" roadways as follows:
o Road B: in the vicinity of Lot 28, reduce the radius to 60 feet; in the
vicinity of Lot 102, Lot 107, and Lot 116, reduce the radius to 100 feet.
o Road D: in the vicinity of Lot 53, reduce the radius to 50 feet; in the
vicinity of Lot 54, reduce the radius to 150 feet.
• Reduce the minimum horizontal curve radius of 544 feet for "Residential
Collector" roadways as follows:
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o Road E: in the vicinity of Tract J, Lot 43 and Lot 45, reduce the radius to 333
feet.
2. Reduce Minimum Tangent between Reverse Curves.
• Reduce the minimum tangent length of 100 feet between reverse curves for a
"Local Residential" roadway as follows:
o Road D: in the vicinity of Lot 53, reduce the tangent length to 33.90 fe et
• Reduce the minimum tangent length of 150 feet between reverse curves
for a "Residential Collector " roadway as follows:
o Road E: in the vicinity of Lot 44, reduce the tangent length to 100 feet.
3. Reduced Design Speed for Intersection Sight Distance.
• Reduce the design speed for intersection sight distance for a "Local Residential"
from the required design speed of 30 mph to the posted speed of 25 mph.
• Reduce the design speed for intersection sight distance for a "Residential
Collector" from the required design speed of 35 mph to the posted speed of 30
mph.
4. Intersection Spacing.
• Reduce the required intersection spacing standard of 500 feet between
"Residential Collectors" for the intersections of 46th Place South/Road E and 46 th
Place South/South 324th Street.
The request for multiple transporta tion-related modifications has been reviewed by
the transportation staff and the City Engineer. The City Engineer is recommending
approval of all. See "Exhibit 14" for transportation staff analysis and reasons for
support.
4. Characteristics of the Area. The subdivision is surrounded by detached
single-family homes or vacant lands, all zoned R5, except to the north, which is
unincorporated King County
5. Adverse Impacts. As conditioned, there are no significant adverse impacts
associated with the proposal. More specifically, impacts are addressed as follows:
A. Critical Areas. There are no wetlands or streams located on the project
site. Isolated Critical Landslide or Erosion Hazard areas have been
identified on the project Site. The overall average slope gradient is
approximately 30%, with isolated areas in excess of 40%, with a
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maximum local gradient of approximately 45% located in an isolated area
approximately 880 square feet in area. A geotechnical report, Ex. 12, has
been prepar ed to assess project impacts to the geologically hazardous
areas. The geotechnical report did not anticipate that the project and
associated construction activity will increase the potent ial for soil
instability provided the recommendations of the report are followed. The
project site is not in a floodplain. No state or federal candidate threatened
or endangered plant and animal species has been identified on the project
site. The project site is not located within any shoreline designation. The
project site is located in Groundwater Protection Zone 4, requiring
implementation of best management practices for water resource
protection per ACC 16.10.120(E)(2).
B. Drainage. Stormwater management, drainage, and erosion control will be
adequately addressed via compliance with City stormwater standards,
specifically including but not limited to the City’s 2009 Surface Water
Management Manual (SWMM), the ACC 13.48 Storm Drainage Utility,
and ACC 15.74 Land Clearing, Filling, and Grading.
A wetland and unidentified stream are located to the south of the project
site. The easternmost portion of the project site drains to the south and
into this wetland/stream complex. There are no surface wat er inputs from
the project site to the off-site wetland/stream complex other than sheet
flow. At the completion of the project all run -off and stormwater
generated on -site will be diverted to a stormwater detention facility
located in the southwest corner of the project site. The result of the
diversion will create a slight decrease in area within the contributing basin
(168.8 acres decreased to 160.39 acres). However, based on the large
quantity of water that will continue to move through the basin, and
therefore into the wetland/stream complex, the hydrology within the
system will be maintained. The 5% reduction of the contributing basin is
not expected to negatively impact the wetland/stream complex, nor is it
expected to cause significant adverse impacts downstream.
6. Adequacy of Infrastructure and Public Services. The proposal will be adequately
served by public infrastructure. Drainage has already been addressed under adverse
impacts above. In general, t he streets, sidewalks, storm drainage facilities, and sewer
mains will be required to meet the City’s Design Standards during engineering review
and shall be required to meet and implement those standards prior to final plat
approval. These facilities will be reviewed as part of the facility e xtension, grading,
and civil plans to be submitted by the Applicant . The following more specifically
addresses other infrastructure and services:
A. Water and Sewer . Water and sewer service is available from Lakehaven
Utility District . The certificates of water availability provided by the
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applicant only warrant water for 94 lots. The conditions of approval require
the applicant to acquire certificates for the 154 lots.
B. Transportation. The City’s Transportation Division has reviewed the proposal
for traffic impacts and found that the final project design adequately addresses
all traffic impacts. With one exception, the proposal is found to not create any
significant adverse traffic impacts. It is recognized that the residents of the
area find traffic to already be too congested. However, what constitutes an
acceptable level of congestion is set by the City’s adopted level of service
(“LOS”) standards. With one exception, as detailed in the traffic report
prepared by the applicant , Ex. 13 (reviewed and approved by the City’s
Transportation Division), the proposal will not lower LOS for any affected
intersections below the minimum LOS set by the City Council.
The one exception referenced in the previous paragraph is an intersection that
will fall below minimum LOS as a result of the proposed subdivision.
According to the traffic report prepared by the applicant, t he westbound leg
of the 51st Ave S/S 316 th St intersection operated at LOS D in 2013. In 2016 it
will continue to have an LOS D without the proposed preliminary plat, but
will drop to LOS E with the proposed preliminary plat. TR-20 of the Auburn
Comprehensive Transportation Plan imposes an LOS D for this type of
intersection. TR -19 requires that “new development shall not be allowed when
the impacts of the new development on the transportation system degrades the
LOS to below the adopted LOS standard…” . However, TR -20 further
elaborates that for two way and all way stop controlled intersections (such as
the 51st Ave S/S 316th St intersecti on) that “if LOS falls below the standard
[D], analysis and mitigation may be required in a manner commensurate with
the associated impacts.” Staff requested the applicant to prepare an
addendum addressing the impacts to the 51st Ave S/S 316 th intersection. The
addendum notes that staff and the applicant came to agreement that lowering
the LOS to E would be acceptable since the impacts of the proposal were very
minor, adding only nine p.m. trips to the intersection. Given the minor nature
of the impact, it was apparently concluded that the “commensurate”
mitigation was no mitigation.
The somewhat cavalier treatment that has been afforded to the LOS violation
at the 51st Ave S/S 316th St intersection is not justified for this project.
Compliance with adopted transportation LOS standards is one of the most
important requirements of the Growth Management Act, which requires cities
and counties to adopt LOS standards for transportation facilities along with
ordinances that “…prohibit development approval if the development causes
the level of service on a locally owned transportation facility to decline below
the standards adopted in the transportation element of the transportation
plan, …” See RCW 36.70A.070(6)(b)(referred to as GMA concurrenc y). As
noted in the preceding paragraph, TR-20 provides for some flexibility in the
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application of the City’s LOS standard for the 51st Ave S/S 316 th St
intersection, but the strict requirements of the GMA call for a strict
application of the TR-20 language. Staff and the applicant apparently take the
position that a developer can violate LOS any time they pay their
proportionate share of traffic impacts and they don’t have to do anything if the
impact is minor . Such a position would render the GMA concu rrency
requirement meaningless, since developers are already required to pay for
their proportionate share of impacts unless the impact is minor.
At the very least, if a development violates GMA concurrency, the proposal
should be mitigated to the maximu m extent reasonable to prevent the
violation. That hasn’t been done here. The concurrency violation can likely
be entirely avoided by denying the requested rezone to R7 as outlined in the
examiner’s rezone recommendation. As discussed in the traffic study
addendum, the proposed preliminary plat only contributes nine p.m. trips to
the 51st Ave S/S 316 th St intersection, yet this contribution is enough to make
the difference between LOS D and LOS E. The proposed rezone will add 19
single-family homes to th e project site, which presumably will be more than
enough to account for nine p.m. trips at the 51st Ave S/S 316 th St intersection.
It appears likely that denial of the rezone will prevent the project from
violating concurrency. Even if it doesn’t the rezone should still be denied to
minimize the violation. If the City Council approves the rezone, then the
density of the proposal should be reduced if doing so can avoid violating
concurrency while also still satisfying the minimum 5 dwelling unit per acre
density requirement of the R7 zone.
On another transportation issue, Mr. Vinton raises valid concerns over the
proximity of t he proposed realignment of 46 th Ave to his home (described in
more detail in FN No. 1 of the Assemblage rezone recommendation, REZ13-
0003). However, the applicant’s nexus to this improvement is too remote to
impose any mitigation. The applicant is only dedicating right of way for an
improvement that may or may not be built by the City at some time in the
future. A city transportation engineer noted that the City would address the
impacts to Mr. Vinton when it designed the realignment. The City’s position
on this issue is noted for the record.
C. Sidewalks. Sidewalks will be provided on both sides of all proposed roads
and on the side of access tracts that provide access to the homes to provide
pedestrian access and connectivity.
D. Schools. Adequate provisions for schools are made through the payment of
school impact fees at the time of Building Permit issuance for each lot, unless
deferred.
E. Parks. Adequate provisions for parks are made through the payment of park
impact fees at the time of Building Permit issuance for each lot unless
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deferred. The proposed Project of 154 lots does trigger the need for
dedication of park land per ACC 17.14.100; however, Daryl Faber, Director
of Parks and Recreation has stated a payment of impact fees is acceptable in
lieu of park land dedication.
F. Police and Fire Protection . Police and Fire services will serve the proposed
development and will be provided by the Valley Regional Fire Authority and
the City of Auburn Police Department.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner . ACC 17.10.050 grants the Hearing
Examiner with the authority to review and make a final decision on an application for
preliminary plat. ACC 17.18.010(A) grants the Hearing Examiner with the authority
to approve modifications to the City’s Design Standards with the concurrence of the
City Engineer.
Substantive:
2. Zoning Designation . R-5 Residential with a rezone application to R7
pending.
3. Review Criteria and Application. ACC 17.06.070 governs the criteria for
preliminary plat approval. ACC 17.18.030 governs the criteria for Design Standard
deviations. Relevant criteria are quoted below with corresponding conclusions of
law.
Preliminary Plat Standards:
ACC 17.07.070(A): Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys, other public
ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and
school grounds.
4. As identified in Finding of Fact No. 5 and 6, the proposal is adequately served by
all public services and utilities requ ired in the criterion above. As further det ermined
in Finding of Fact No. 5 there are no adverse impacts associated with the proposal.
Given the absence of any adverse impacts in conjunction with adequate public
facilities, it is concluded that adequate provision is made for the public health, safety
and welfare.
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ACC 17.07.070(B): Conformance of the proposed subdivision to the general
purposes of the Comprehensive Plan.
5. The staff’s analysis of consistency with the c omprehensive plan at pages 8-10 of
the staff report is adopted and incorporated by this reference as if set forth in full,
except for any portions addressing traffic impacts.
ACC 17.07.070(C): Conformance of the proposed subdivision to the general
purposes of any other applicable policies or plans that have been adopted by the City
Council.
6. The staff’s analysis of consistency with any other applicabl e plans or policies at
pages 10 -13 of the staff report is adopted and incorporated by this ref erence as if set
forth in full except for any provisions pertaining to transportation LOS.
ACC 17.07.070(D): Conformance of the proposed subdivision to the general
purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030.
ACC 17.02.030: The purpose of this title is to regulate the division of land lying
within the corporate limits of the city, and to promote the public health, safety and
general welfare and prevent or abate public nuisances in accordance with standards
established by the state and the city, and to:
A.Prevent the overcrowding of land;
B.Lessen congestion and promote safe and convenient travel by the public on
streets and highways;
C.Promote the effective use of land;
D.Provide for adequate light and air;
E.Facilitate adequate provision for water, sewerage, drainage, parks and
recreational areas, sites for schools and school grounds, and other public
requirements;
F.Provide for proper ingress and egress;
G.Provide for the expeditious review and approval of proposed land divisions
which comply with this title, the Auburn zoning ordinance, other city plans, policies
and land use controls, and Chapter 58.17 RCW;
H.Adequately provide for the housing and commercial needs of the citizens of the
state and city;
I.Require uniform monumenting of land divisions and conveyance by accurate
legal description;
J.Implement the goals, ob jectives and policies of the Auburn comprehensive
plan;
K.Prevent or abate public nuisances.
7. The proposal is consistent with the purposes of the Land Division Ordinance as
enumerated above. The roads designed for the proposal are safely designed to meet
traffic demand and sidewalks on both sides of the subdivision street promote
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pedestrian safety. Applicable zoning setbacks provide for adequate light and air.
The proposal does not result in overcrowding as it proposes a density within the
range all owed by the underlying zone. As previously discussed, the proposal is
consistent with and implements the Auburn Comprehensive Plan. As previously
determined the proposal is adequately served by all essential public facilities and it is
consistent with the comprehensive plan. As conditioned the final plat development
will require uniform monumenting of new lots and conveyance by accurate legal
description.
ACC 17.07.070(E): Conformance of the proposed subdivision to the Auburn
Zoning Ordinance and any other applicable planning or engineering standards and
specifications as adopted by the City.
8. The proposed proposal meets the bulk and dimensional standards of the R7 district.
As determined in FOF No. 3 the lots are designed to meet the following R7
requirements:
• Minimum lot width of 40 feet
• Minimum lot size of 4,300 square feet.
• Minimum average lot area of 6 ,000 square feet.
•The future single family residences will be required to meet the minimum
setbacks and lot coverage for the R7 district during building permit review.
Engineering standards will be met during engineering review prior to final plat
approval. City staff have reviewed preliminary plans for traffic, utilities and storm
drainage and found them to be compliant with Ci ty standards.
ACC 17.07.070(F): The potential environmental impacts of the proposed
subdivision are mitigated such that the preliminary plat will not have an
unacceptable adverse effect upon the quality of the environment.
9. As determined in Finding of Fact No. 5 there are no significant adverse impacts
associated with the proposal.
ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will
prevent or abate public nuisances.
10. As determined in Finding of Fact No. 5, there are no significant adverse impacts
associated with the proposal. Consequently, no public nuisance is anticipated.
DEVIATIONS (Conclusions include findings of fact)
ACC 17.18.030(A): Such modification is necessary because of special
circumstances related to the size shape topography location or surroundings of the
subject property to provide the owner with development rights and privileges
ORD.C Page 136 of 179
Preliminary Plat p. 10 Findings, Conclusions and Decision
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permitted to other properties in the vicinity and in the zoning district in which the
subject property is located.
ACC 17.18.030(B): That because of such special circumstances the development of
the property in strict conformity with the provision of this title will not allow a
reasonable and harmonious use of the property.
ACC 17.18.030(C): That the modification if granted will not alter the character of
the neighborhood or be detrimental to surrounding properties in which the property
is located
ACC 17.18.030(D): Such modification will not be materially detrimental to the
implementation of the policies and objectives of the comprehensive land use
circulation and utility plans of the city
ACC 17.18.030(E): Literal interpretation of the provisions of this title would
deprive the applicant of rights commonly enjoyed by other properties in the same
zoning district.
ACC 17.18.030(F): The approval of the modification will be consistent with the
purpose of this title
ACC 17.18.030(G): The modification cannot lessen the requirements of the zoning
ordinance.
11. The requested deviations identified in Finding of Fact No. 3 are concluded
to comply with the standards above for the reasons identified in Ex. 14, adopted and
incorporated by this reference as if set forth in full.
DECISION
The proposed preliminary plat, as described in this decision and in Ex. 4, as well as the
street standard deviations identified in Finding of Fact No, 3, are approved subject to
the following conditions:
1. Approval is premised o n the City Council approval of REZ13-0003. If the City
Council does not approve the rezone, City staff shall determine what review process is
necessary to authorize design changes necessary to accommodate the resulting
reduction in density if the applicant chooses to proceed with its application.
2. If the City Council approves REZ13 -0003, staff shall investigate whether a
reduction in density within the densities permitted in the R7 zone could avoid the
violation of concurrency for the 51st Ave S/S 316th St intersection. If the concurrency
violation can be avoided by reducing density, the density of the project shall be
ORD.C Page 137 of 179
Preliminary Plat p. 11 Findings, Conclusions and Decision
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reduced accordingly and staff shall determine what review process is necessary to
approve the resulting changes in plat design.
3. The lot width of Lot 113 (39 feet) is below the minimum standard as requir ed by
Auburn City Code (ACC) 18.07.030, and shall be corrected to meet the minimum
standard of 40 feet.
4. The ROW vacation request must have approval action by the Auburn City
Council and a temporary construction easement granted by the Mayor prior to a ny
permit approvals being issued for ground -disturbing work.
5. The Applicant shall obtain a Forestry Practices Permit from the Department of
Natural
Resources prior to the issuance of any permit approvals for ground -disturbing work.
6. The 10% Administrative Deviation (CA014 -0001) is approved by the Planning
Director per ACC 16.10.160, prior to any permit approvals for ground -disturbing
work.
7. Applicant shall provide revised Certificates of Water and Sewer Availability
showing availability for 154 lots as opposed to the 94 lots as provided on the
Certificates provided.
8. Prior to issuance of clearing or grading permits, a grading plan for grading and
clearing necessary for both the construction of infrastructure such as roads and
utilities and for lot grading shall be prepared, submitted and approved by the City of
Auburn. The plan shall identify the surveyed boundary and classification of all
Critical Landslide Hazard areas proposed to be altered. This plan shall show
quantities and locations of excavations, and embankments, the design of temporary
storm drainage detention system, and methods of preventing drainage, erosion and
sedimentation from impacting adjacent properties, natural and public storm drainage
systems and other nearby sensitiv e areas. All the measures shall be implemented
prior to beginning phased on- site filling, grading or construction activities. The
Applicant's grading plans shall be prepared in conjunction with and reviewed by a
licensed geotechnical engineer. The geot echnical engineer shall develop and submit,
for the City's review, specific recommendations to mitigate grading activities with
particular attention to developing a plan to minimize the extent and time soils are
exposed on site and address grading and rela ted activities during wet weather periods
and whether seasonal construction limitations may be appropriate (the period of
greatest concern is October 1 through March 31). The plans shall show the type and
the extent of geologic hazard area or any other critical areas as required in chapters
16, and 18 of the International Building Code (IBC).
9. A complete Stormwater Site Plan meeting all requirements of the 2009 City of
Auburn Surface Water Management Manual (SWMM) will be required as part of the
Facilities Extension Agreement (FAC), submittal. Additionally, the following
ORD.C Page 138 of 179
Preliminary Plat p. 12 Findings, Conclusions and Decision
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information shall be provided as part of the FAC submittal : Operation and
Maintenance, Construction Stormwater Pollution Prevention, and Pollution Source
Control.
10. A Final Wetland Mitigation plan shall be submitted and approved by the City as
a part of the FAC process. The Final Wetland Mitigation plan shall contain the
information required by ACC 16.10.090 through ACC 16.10.130. Mill Creek and
any associated wetlands wit hin 150 feet upstream and downstream of the proposed
outfall shall be delineated and shown on the Final Wetland Mitigation Plan. The
information also needs to include the stream class for Mill Creek, categorize any
wetlands within this area, show associat ed buffers, and provide a functions and
values analysis of the area affected by the proposed stormwater outfall.
11. Pursuant to ACC 16.10.130.8, a performance and maintenance security is
required upon approval of the Final Mitigation Plan. The amount of the financial
security shall equal one hundred twenty -five percent (125%) of the cost of the
mitigation project for the length of the monitoring period.
12. Applicant shall contact King County and obtain all appropriate King County
approvals for the portion of the proposed outfall conveyance pipe located on King
County property.
13. The proposed off-site stormwater outfall system at the discharge location at Mill
Creek shall be designed per 3.5 of the SWMM as appropriate for the design flow
discharge vel ocity. Additional consideration for energy dissipation during
high flow events and overflow conditions will need to be demonstrated with the
outfall design as part of the FAC review.
14. To address known capacity issues within Mill Creek adjace nt to SR -167 at the
bottom of the hill downstream of the project site, a quantitative downstream
analysis will be required to demonstrate that the proposed stormwater discharge
from this project will not further impact the existing drainage iss ues downstream.
15. The downstream discharge from the detention pond is proposed to include an
above ground conveyance system along the right -of-way of 46th Avenue South
down slopes approximately 35%. Per 3.4.1 of Volume Ill of the SWMM, pipes with
slopes greater than 30% will need to be ductile iron or HOPE material and
include appropriate anchor spacing and design. HOPE piping proposed above
ground will also require design demonstrating thermal expansion concerns of pipe
material will be pro perly addressed. Ductile Iron will most likely not be appropriate
for the steep slope due to the weight of the pipe.
16. Further demonstration that the proposed discharge pipe down the critical hazard
slope areas can feasibly be constructed with minimal i mpact and no alteration of
existing slopes shall be provided as part of the FAC review. Demonstration of
feasibility should include geotechnical evaluation of the existing soil types, soil
ORD.C Page 139 of 179
Preliminary Plat p. 13 Findings, Conclusions and Decision
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properties, groundwater conditions, potential for seepage, and sta bility of slopes both
during construction and after. Safety measures to protect workers, adjacent property,
vehicles, and pedestrians should be specified during construction on the critical slope
areas. Worker, equipment, and material access should also be evaluated to
demonstrate feasibility.
17. The ROW area along Peasley Canyon where the stormwater discharge is
proposed and the downstream conveyance through Mill Creek is in King County's
jurisdiction and may require County permits. The applicant will need to coordinate
with the County and obtain all relevant permits prior to City approval.
18. A quantitative off-site analysis will need to be provided to demonstrate that the
downstream conveyance system beyond the Mill Creek discharge point has capaci ty
for the proposed discharge flows. The existing drainage course along Mill Creek
includes several culvert crossings. Existing culvert size, condition, flows, and
capacity will need to be evaluated.
19. Prior to City approval of the FAG, the plat constr uction drawings shall show the
location of fire hydrants for Fire Agency operations . Final fire hydrant locations
shall be approved by the Fire Marshal.
20. Tree planting detail will be provided for trees planted in the ROW per "Traffic -
14" in the
City of Auburn Engineering Construction Manual as part of the FAG submittal.
21. ADA compliant ramps shall be provided at all "T" intersections associated
with the project.
22. Final street lighting, signage, roadway striping, and mailbox locati ons shall be
provided as part of the FAG submittal.
23. "No parking" signs shall be posted along both sides of the street for the entire
length of Road E, and for the portion of Road C located north of Road B. Location
of and type of posting shall be pro vided as part of the FAG submittal.
24. "No Parking" signs shall be posted along one side of the street for the portion of
Road C south of Road B, and for the entire length of Road D. Location of and type
of posting shall be provided as part of the FAG submittal.
25. "No Parking" signs shall be posted in all cui -de-sacs. Location of and type of
posting shall be provided as part of the FAG submittal.
26. The sidewalks in Tract H and Q are required to be extended to the end of the
Tract.
27. Additional ROW dedication shall be provided to allow the future curved road
ORD.C Page 140 of 179
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alignment for 46th Place South adjacent to Tract R.
28. The connection of Road E to 46th Place South triggers the need for half -street
frontage improvements, which shall be provid ed for along the portion of 46th Place
South that is located adjacent to Tract 0 and Tract I.
29. The portion of property located east of Lot 46 shall be dedicated as ROW.
30. The connection of Road E to 51st Avenue South triggers a need for frontage
improvements. A deferral request for these improvements can be provided for
review and approval as part of the FAC process.
31. Tract S shall be removed from the ROW dedication for the future realignment of
46th Place South.
32. Groundwater protection mea sures and mitigation will be implemented to the
extent required by ACC 16.10.120(E)(2).
33. The subdivision shall include uniform monumenting of land divisions and
conveyance by accurate legal description as required by ACC 17.02.030(1).
Dated this 15th day of July, 2014.
City of Auburn Hearing Examiner
Appeal Right and Valuation Notices
This decision is final subject to appeal to superior court as governed by Chapter 36.70C
RCW.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
ORD.C Page 141 of 179
ORD.C Page 142 of 179
ORDINANCE NO. 6_6 2_3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF CANYON CREEK AT PEASLEY
DIVISION 2
WHEREAS, the City of Auburn received a finai plat application for the Plat
of Canyon Creek at Peasley — Division 2, Application No. PLT16-0004, the final
approval of which is appropriate for City Council Action; and
WHEREAS, based on the review given this Plat by the City, the City Council
hereby makes and enters the following:
FINDINGS OF FACT
1 Peasley Canyon Homes, LLC has made application for the Final Plat of
Canyon Creek at Peasley— Division 2"
2. The Preliminary Plat of"Canyon Creek at Peasley" (PLT13-0006) [originally
known as "Auburn Assemblage' was approved by the City's Hearing
Examiner on July 15, 2014, as a single phase.
3. The Plat of"Canyon Creek at Peasley"will be developed in two phases with
Canyon Creek at Peasley— Division 2" being the second and final phase.
4 The Plat of "Canyon Creek at Peasley— Division 1" has been developed in
accordance with all applicable conditions of the Preliminary Plat.
5. A Certificate of Improvements has been issued by the City Engineer
CONCLUSIONS OF LAW
1 The Final Plat is in compliance and in conformity with applicable Zoning and
Land Division Ordinances and other applicable land use controls.
2. The Final Plat of"Canyon Creek at Peasley— Division 2" is consistent with
the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW
Ordinance No. 6623
September 29, 2016
Page 1 of 3ORD.C Page 143 of 179
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Apuroval. Canyon Creek at Peasley — Division 2, a
subdivision involving property located within the City ofAuburn,Washington, which
plat is legally described on Sheet 1 of 9 of the Final Plat and set forth below•
TRACTS N AND O, CANYON CREEK AT PEASLEY-DIVISION 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
273 OF PLATS, PAGES 2-12, INCLUSIVE, IN KING COUNTY,
WASHINGTON.
King Counry Tax Parcel Nos. 133205-0910, 133205-0920]
is hereby approved, and deemed to conform to the requirements for Plat apprbval
pursuant fo State and local law and Chapter 58.17 of the Revised Code of
Washington and Section 58.17 140 thereof
Section 2. Constifutionalitv or Invaliditv. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause
this Ordinance to be recorded in the office of the King County Auditor's Division.
Ordinance No. 6623
September 29, 2016
Page 2 of 3ORD.C Page 144 of 179
ntation. The Ma or is hereb authorized to
I
Section 4. Impleme y y
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law
INTRODUCED
PASSED
APPROVED
CITY OF AUBURN
NANCY BACKUS,
MAYOR
ATTEST
Danielle E. Daskam,
City Clerk
APPR A O FOR •
D e . Heid,
City Attomey
Published:
Ordinance No. 6623
September 29, 2016
Page 3 of 3ORD.C Page 145 of 179
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5250
Date:
October 6, 2016
Department:
CD & PW
Attachments:
Resolution No. 5250
Draft Ordinance No. 6619
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5250.
Background Summary:
Resolution No. 5250 sets the date of the public hearing for Franchise Agreement No.
16-54 for Northwest Pipeline LLC (NWP) for November 7, 2016 at 7:00 pm.
During review of facilities located in City right-of-way the City determined that NWP is
required to obtain a Franchise Agreement per Auburn City Code Chapter
20.06.010. NWP has applied for a Franchise Agreement to continue to operate within
the City’s rights of way natural gas transmission and distribution Pipeline 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. 6619 is attached as back up documentation for Resolution No.
5250.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:October 17, 2016 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 146 of 179
RESOLUTION NO. 5 2 5 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN,WASHINGTON, SETTING A PUBLIC HEARING TO
CONSIDER A FRANCHISE AGREEMENT WITH
NORTHWEST PIPELINE LLC
WHEREAS, Northwest Pipeline LLC ("Grantee") has applied to the City for a non-
exciusive Franchise AgreemeM for the right of entry, use, and occupation of certain public
rights-of-way within the City of Aubum; expressly to install, construct, erect, operate,
maintain, repair, relocate and remove its facilities in, on, upon, along and/or acrbss those
right(s)-of-way; and
WHEREAS, The City has reviewed the Grantee's application materials, and the City
Engineer is satisfied that the appiication 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 Aubum 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 Aubum is hereby set for 7:00 p.m. on the 7th day of November,
2016, with all persons wishing to speak to the appiication at the public hearing being irivited
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
Resolution No. 5250
Franchise Agreement No. 16-54
June 2, 2016
Page 1 of 2
RES.A Page 147 of 179
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of 2016.
CITY OF AUBURN
Nancy Backus
Mayor
Attest:
Danielle E. Daskam, City Clerk
Appro as t
iel B. Hei , ' Attomey
Resolution No. 5250
Franchise Agreement No. 16-54
June 2, 2016
Page 2 of 2
RES.A Page 148 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 1 of 28
ORDINANCE NO. 6 6 1 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
NORTHWEST PIPLINE LLC, A DELAWARE LLC, A
FRANCHISE FOR GAS
W HEREAS, Northwest Pipeline LLC (“Grantee”) has applied to the City of
Auburn (“City”) for a non-exclusive Franchise for the right of entry, use, and
occupation of certain public right(s)-of-way within the City, expressly to install,
construct, erect, operate, maintain, repair, relocate and remove its facilities in,
on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A.Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A”,attached hereto and
incorporated by reference (the “Franchise Area”).
B.The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
“B”, attached hereto and incorporated by reference, and all necessary
appurtenances thereto, (“Grantee Facilities”) for provision of those services set
forth in Exhibit “C” (“Grantee Services”) in, along, under and across the
Franchise Area.
RES.A Page 149 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 2 of 28
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
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 shall be nonexclusive, and subject to all prior rights,
interests, easements or licenses granted by the City or its predecessors to use
any property, Right-of-Way, easement, right, interest or license for any purpose
whatsoever, including the right of the City to use same for any purpose it deems
fit, including the same or similar uses allowed the Grantee hereunder. The City
may at any time grant authorization to use the Right-of-Way for any purpose not
incompatible with the Grantee’s authority under this Agreement and for such
additional franchises as the City deems appropriate.
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
RES.A Page 150 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 3 of 28
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 does not 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
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: Land Department
Northwest Pipeline LLC
P.O. Box 58900
Salt Lake City, UT 84158
Telephone: (800) 453-3810
RES.A Page 151 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 4 of 28
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 10 (ten) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional ten (10) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 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.
RES.A Page 152 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 5 of 28
“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
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.
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“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.
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.
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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
the expense of the Grantee, the removal, relocation and/or replacement thereof,
subject to any approval or modification of the City’s requested removal,
relocation or replacement by the FERC pursuant to 18C.F.R.157.
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
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 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
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
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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 801-584-6949, which is operated 24 hours a day, seven days a
week. If, in the opinion of the City Director of Community Development & Public
Works, the City Engineer, or the Mayor, an emergency presents a serious and
immediate danger to the public health, safety and welfare, they, separately or
together, may take reasonable immediate action to mitigate the damage. All
costs associated with such actions will be the sole responsibility of the Grantee,
and the Grantee shall reimburse the City for such costs within thirty (30) days
after receipt of an itemized bill. Grantee will not be held liable for damages as a
result of the City’s repair and emergency work that arise out of the negligent acts
or willful misconduct of the City, its successors, assigns, permittee, agents or
contractors.
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.
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
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Franchise Agreement No. 16-54
August 29, 2016
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place prior to the execution of this Franchise shall have preference as to
positioning and location with respect to any new or relocated 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
ten (10) 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. To the extent City agrees to take the protective steps described in
Section 10(C) 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,
and maps and plans showing the general location of existing or planned facilities
within the City. Said information may be requested either in hard copy or
electronic format, reasonably compatible with the City’s data base system, as
now or hereinafter existing, including the City’s geographic information Service
(GIS) data base. If said electronic format is not compatible then Grantee will
supply hard copies to scale and size requested by the City. 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
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 10 of 28
require any restoration of the disturbed area in excess of restoration to the same
condition as existed immediately prior to the excavation.
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 attorney 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 required by law, Grantee agrees to relocate,
remove, or reroute its facilities within one hundred eighty (180) days, and the
terms of its FERC Certificate, 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 Public 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
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
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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
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 Federal Energy
Regulatory Commission), Grantee shall endeavor to respond as soon as
reasonably practicable to relocate the affected Facilities.
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Franchise Agreement No. 16-54
August 29, 2016
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Section 12. Abandonment and or Removal of Grantee Facilities
A. 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 FERC concerning abandonment), at the City’s
discretion, either abandon in place or remove the affected facilities. Grantee will
remove the facilities if the City deems removal reasonably necessary.
Abandonment or removal shall be at the sole cost and expense of Grantee. Any
Facilities left in 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. 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 at the request of the City, Grantee personnel shall actively participate
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
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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 review, 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 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 concluding
Grantee’s prompt investigation, including, but not limited to, the leak or rupture's
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
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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 the WUTC or PHSMA. Grantee shall be solely responsible for
paying all of the costs and expenses incurred in investigating the occurrence and
reporting the findings. Grantee shall meet and confer with the WUTC or PHSMA
following their investigation to address whether any modifications or additions to
Grantee's pipeline(s) and/or Facilities may be warranted
I. If the WUTC or PHMAS 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 WUTC or PHMAS’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.
Grantee shall remain solely and separately liable for the operation, 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 or wrongful
misconduct 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
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
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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 or wrongful misconduct 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 firefighting, 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 caused by 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. 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.
F. The Grantee, 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’s facilities as the result of any interruption of service due to damage or
destruction of the Grantee’s facilities caused by or arising out of activities
conducted by the City, its officers, agents, employees, or contractors, except to
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
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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.
G. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Grantee and the City, its officers,
officials, employees, and volunteers, the Grantee’s liability hereunder shall be
only to the extent of the Grantee’s negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes the
Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated
by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
Section 17. Insurance
A. The Grantee shall maintain or cause to be maintained 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. The required Commercial General
Liability limit can be met under a combination of primary and excess liability
policies:
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 $100,000,000.00 (one hundred million dollars) each occurrence,
$100,000,000.00 (one hundred million dollars) general aggregate and a
$100,000,000.00 (one hundred million dollars) products-completed operations
aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01, or
an equivalent occurrence based form, or on a claims made form with tail
coverage of three years and a retroactive date to cover the services provided
pursuant to this agreement and shall cover liability arising from premises,
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 17 of 28
operations, independent contractors, products-completed operations, stop gap
liability, and personal injury and advertising injury and liability assumed under an
insured contract. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion,
collapse, or underground property damage. The City shall be named as an
additional insured under the Grantee’s Commercial General Liability insurance
policy with respect to the work performed under this Franchise using ISO
Additional Insured Endorsement CG 20 10 and Additional Insured-Completed
Operations endorsement CG 20 37 or substitute endorsements providing similar
coverage.
3. The Grantee’s general liability coverage, proof of which is
provided by Grantee to the satisfaction of the City, shall evidence sudden and
accidental pollution limit of $10,000,000.00.
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 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 (with the exception of Workers’
Compensation) shall be endorsed to provide the City thirty (30) days’ prior written
notice of cancellation.
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.
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Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 18 of 28
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 18. Performance Security
The Grantee shall provide the City with a financial guarantee in the amount of
Fifty Thousand Dollars ($50,000.00) running for, or which shall annually
automatically renew over, the term of this Franchise, in a form and substance
acceptable to the City. In the event Grantee shall fail to substantially comply with
any one or more of the provisions of this Franchise, then there shall be recovered
jointly and severally from the principal and any surety of such financial guarantee
any damages suffered by City as a result thereof, including but not limited to staff
time, material and equipment costs, compensation or indemnification of third
parties, and the cost of removal or abandonment of facilities hereinabove
described. Grantee specifically agrees that its failure to comply with the terms of
Section 22 (Enforcement & Remedies) shall constitute damage to the City in the
monetary amount set forth therein. Such a financial guarantee shall not be
construed to limit the Grantee’s liability to the guarantee amount, or otherwise
limit the City’s recourse to any remedy to which the City is otherwise entitled at
law or in equity.
Section 19. 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.
RES.A Page 166 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 19 of 28
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 20. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
RES.A Page 167 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 20 of 28
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 21. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 22. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
RES.A Page 168 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 21 of 28
revoke the Franchise with no further notification, or (2) claim damages as
provided in ACC 20.10.340 per day against the financial guarantee set forth in
Section 18 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.
Section 23. 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.
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
RES.A Page 169 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 22 of 28
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 24. 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 25. 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 26. 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
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.
RES.A Page 170 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 23 of 28
Section 27. 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 28. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 29. 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.
RES.A Page 171 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 24 of 28
Section 30. Entire Agreement
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 31. 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 172 of 179
DRAFTLEMON TREE LN
ACADEMY DRAUBURN WAY
BRIDGET AVE53RD ST
RANDALL AVE
LAKE TAPPS PKWY
SUMNER TAPPS HWY
ELAINE CT
65TH ST
KING COUNTY
PIERCE COUNTY
182ND AVE
1356
1355
1354
1353
GAS PIPELINE
NORTHWEST PIPELINE GPLOCATION MAPSTREET DATACITY OF AUBURNKING & PIERCE COUNTIES, WA SHINGTON
SCALE:ISSUED FOR BID:DATE:DWG. BY:
CHK BY:
APPR. BY:
DATE:
DATE:
ISSUED FOR CONTS:
DRAWINGNUMBER:Auburn SHEET
OF
1
1
REFERENCE TITLEDRAWING NO.
NO.BYDATE REVISION NUMBER W.O. NO.APP.CHK.
K:\Mapping Projects\Auburn_Cityof\Mapping\ArcGIS\auburn.mxd
CCS 10/8/08 1:25,000
0 2,500 5,0001,250 Feet
Legend
Mileposts
Abandoned Pipeline
Active Pipeline
Retired Pipeline
Streets
Parcels
City of Auburn
County Boundary
Exhibit A
Ordinance No. 6619
Franchise Agreement No 16-54
August 29, 2016
Page 25 of 28
RES.A Page 173 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 26 of 28
Exhibit “B”
Description or plans of facilities that are in the ground:
26inch, 30inch and 36inch diameter high pressure natural gas transmission
pipelines, together with cathodic protection equipment and appurtenances.
RES.A Page 174 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 27 of 28
Exhibit “C”
Description of services offered from facilities in Exhibit B to customers within the
Auburn City Limits: High pressure natural gas transmission pipeline services for
local natural gas distribution companies, powerplants or other industrial users.
RES.A Page 175 of 179
DRAFT------------------------------
Ordinance No. 6619
Franchise Agreement No. 16-54
August 29, 2016
Page 28 of 28
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 _______________, 20xx, 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 176 of 179
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5251
Date:
September 21, 2016
Department:
City Attorney
Attachments:
Resolution No. 5251
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5251.
Background Summary:
During review of existing franchise agreements, the City determined that the
Lakehaven Utility District franchise agreement was adopted by resolution (Resolution
No. 3650) instead of ordinance. Because resolutions are adopted with a less
formalized procedure, there is no evidence that the Lakehaven Utility District franchise
agreement was adopted in conformity with statutory procedural requirements that
typically accompany an ordinance.
Ratification of Resolution No. 3650 by Ordinance will ensure compliance with the
statutory procedural requirements for franchise agreements, including publication of
notice and a public hearing. The terms of the agreement will remain unchanged.
Resolution No. 5251 sets the date for a public hearing on the franchise agreement.
Reviewed by Council Committees:
Councilmember: Staff:Heid
Meeting Date:October 17, 2016 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 177 of 179
RESOLUTION NO. 5 2 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN,WASHINGTON, SETfING A PUBLIC HEARING TO
CONSIDER A FRANCHISE AGREEMENT WITH
LAKEHAVEN UTILITY DISTRICT
WHEREAS, the Lakehaven Utility District currently owns, operates, and maintains a
water system within the City of Aubum's public rigHts-of-way within the City of Auburn
corporate boundary; and
WHEREAS, in 2004, the City and Lakehaven Utility District negotiated a franchise
agreemerit that was apprbved by the City Council through Resolution Number 3650; and
WHEREAS, Revised Code of Washington 35A.47 040 includes certain procedural
requirements not typically followed when adop6ng a resolution; and
WHEREAS, the City wishes to ensure that the benefits and obligations inured to
Lakehaven Utility District through Resolution Number 3650 are not invalidated by any
procedural deficiency; and
WHEREAS, rat cation of Resolution Number 3650 by this Ordinance will resolve
any omission in the procedural requirements of RCW 35A.47.040 and conform to the
City's standard practice of franchise adoption by ordinance, and
WHEREAS, Aubum Ciiy Code 20.06.030 requires a public hearing before the City
Council to consider approval of franchise agreements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 5251
October 10, 2016
Page 1 of 2
RES.B Page 178 of 179
Section 1 That a hearing on the rat cation of the Lakehaven Utility District
franchise agreement is hereby set for 7•00 p.m. on November 7, 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.
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
Appro as to rm:
Daniel B. Hei , ity orne
Resolution No. 5251
October 10, 2016
Page 2 of 2
RES.B Page 179 of 179