HomeMy WebLinkAbout08-20-2012 Council Agenda Packet
City Council Meeting
August 20, 2012 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
1. Proclamation - National Recovery Month*
Mayor Lewis to proclaim September 2012 as National Recovery Month in the
city of Auburn.
2. Appointment to Auburn International Farmers Market Advisory Board
City Council to appoint Trenity Walker to the Auburn International Farmers
Market Advisory Board to an unexpired term ending December 31, 2013.
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1. Public Hearing on 2012-2017 Transportation Improvement Program
Modifications (Backus/Dowdy)
City Council to conduct a public hearing to receive public comments and
suggestions with regard to the proposed modifications to the 2012-2017
Transportation Improvement Program (TIP)
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
1. August 13, 2012 Minutes* (Peloza)
B.Planning & Community Development
1. August 13, 2012 Minutes* (Backus)
Page 1 of 161
C.Public Works
1. August 6, 2012 Minutes* (Wagner)
D.Finance
1. August 6, 2012 Minutes* (Partridge)
E.Les Gove Community Campus
F.Council Operations Committee
IV.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 August 6, 2012 Regular Meeting*
B. Claims Vouchers (Partridge/Coleman)
Claim check numbers 416023 through 416398 in the amount of $9,899,403.56 and
one wire transfer in the amount of $435,302.17 and dated August 20, 2012.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533123 through 533157 in the amount of $829,704.69 and
electronic deposit transmissions in the amount of $1,233,580.52 for a grand total of
$2,063,285.21 for the period covering August 2, 2012 to August 15, 2012.
D. Public Works Project No. CP0915* (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP0915, Well 1
Transmission Line.
E. Public Works Project No. CP1206* (Wagner/Dowdy)
City Council approve Change Order No. 1 in the amount of $510,000 to Contract
No. 12-10 for work on Project No. CP1206, 2012 Pavement Patching, Chipseal and
Overlay Project.
F. Public Works Project No. CP1216* (Wagner/Dowdy)
City Council award Small Works Contract No. 12-17 to Doolittle Construction, LLC
on their low bid of $137,770.00 for Project No. CP1216, 2012 Arterial and Collector
Crackseal Project
G. Public Works Project No. CP1109* (Wagner/Dowdy)
City Council approve Change Order No. 3 in the amount of $31,134.11 to Contract
No. 11-15 for work on Project No. CP1109, 2011 Storm Pipeline Repair and
Replacement.
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.RESOLUTIONS
Page 2 of 161
A. Resolution No. 4807* (Partridge/Heid)
A Resolution of the City Council of the City of Auburn, Washington, revising the
City's policy on membership in professional organizations and in civic, service and
community organizations
B. Resolution No. 4832* (Backus/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, amending the
2012-2017 Six-Year Transportation Improvement Program of the City of Auburn
pursuant to R.C.W. Chapter 35.77
C. Resolution No. 4842* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, declaring
certain items of property as surplus and authorizing their disposal
D. Resolution No. 4849* (Partridge/Heineman)
A Resolution of the City Council of the City of Auburn, Washington, amending
standards for indigent defense, and requesting staff to develop procedures for full
implementation of the standards
E. Resolution No. 4850* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute a Construction Loan Agreement between the City of Auburn and
the Washington State Public Works Trust Fund Board relating to the Well 1
Improvements Project (CP0915)
VIII. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
IX.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 3 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Proclamation - National Recovery Month
Date:
August 15, 2012
Department:
Administration
Attachments:
National Recovery Month
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:August 20, 2012 Item Number:AN.1
AUBURN * MORE THAN YOU IMAGINEDAN.1 Page 4 of 161
Mayor’s Proclamation
WHEREAS, behavioral health is an essential part of health and one's overall
wellness, and prevention works, treatment is effective, and people can and do recover
from substance use and mental disorders; and
WHEREAS, all people have the fundamental and inherent value to be accepted and
treated with respect, human dignity, and worth; and
WHEREAS, individuals should have access to fully participate in community life
including economic advancement and prosperity; fair and decent housing; quality
education; positive opportunities to benefit from and contribute to material, cultural,
and social progress; and
WHEREAS, substance use and mental disorders are serious public health problems.
In 2009, 4.3 million people received treatment for a substance use disorder and 30.2
million people for a mental health problem and we must continue to reach the millions
more who need help; and
WHEREAS, it is critical to inform our policymakers, friends and family members,
health care providers and businesses that substance use and mental disorders are
treatable, and the people should seek assistance for these conditions with the same
urgency as they would any other health condition; and
NOW, THEREFORE, I, Peter B. Lewis, Mayor of the City of Auburn, do hereby
proclaim September 2012 to be
National Recovery Month
in the city of Auburn and I encourage all citizens to join me in support of this
observance and message that Prevention Works, Treatment is Effective and
People do Recover.
DATED this 20th day of August, 2011
CITY OF AUBURN
____________________________
Peter B. Lewis, Mayor
AN.1 Page 5 of 161
AN.1 Page 6 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on 2012-2017 Transportation Improvement
Program Modifications
Date:
August 15, 2012
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council conduct a public hearing to receive public comments and suggestions with
regard to the proposed modifications to the 2012-2017 Transportation Improvement
Program (TIP). Attachments can be found with Resolution No. 4832.
Background Summary:
Pursuant to RCW 35.77.010 the City of Auburn is required to annually prepare and adopt
a comprehensive Transportation Improvement Program (TIP) for each ensuing six
calendar years. The TIP is the detailed programming document for transportation
improvements over a six year period. The plan is intended to ensure that the City will
have available advance plans as a guide in carrying out a coordinated street construction
program.
The City Council is required to conduct a public hearing to review and to adopt any
amendments or revisions to the approved plan.
The date of public hearing was set by Resolution No. 4831 on August 6, 2012.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Dowdy
Meeting Date:August 20, 2012 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 7 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
August 13, 2012 Minutes
Date:
August 16, 2012
Department:
Police
Attachments:
August 13, 2012 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:August 20, 2012 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 8 of 161
Municipal Services Committee
August 13, 2012 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City
Hall, 25 W. Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Peloza, Vice Chair Osborne, Member Wales.
Staff present: Mayor Pete Lewis, Assistant Chief of Police Bill Pierson, City
Attorney Dan Heid, Finance Director Shelley Coleman, Human Resources/Risk
Management Director Brenda Heineman, Public Works Director Dennis Dowdy,
Planning and Development Director Kevin Snyder, Community Services Manager
Michael Hursh, Employee Relations and Compensation Managers John Fletcher
and Aaron Barber, Construction Project Manager Steve Burke, Solid Waste and
Recycling Supervisor Joan Nelson, Economic Development Planner Bill Thomas,
Airport Managers Jamelle Garcia and Kasey Maiorca, Emergency Management
Assistant Heather Kitchen and Police Secretary/Scribe Terry Mendoza. Others
present: Citizen Scot Pondelick and Auburn Reporter Representative Robert
Whale.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. July 23, 2012 Minutes
Vice Chair Osborne moved to accept the Minutes as presented. Member Wales
seconded the motion. Chair Peloza concurred.
MOTION PASSED: 3-0
B. June 29, 2012 Minutes Special Municipal Service Meeting
Vice Chair Osborne moved to accept the Minutes as presented. Member Wales
seconded the motion. Chair Peloza concurred.
MOTION PASSED: 3-0
III. RESOLUTIONS
Page 1 of 4
MS.1 Page 9 of 161
A. Resolution No. 4849 (Heineman)
A Resolution of the City Council of the City of Auburn, WA, amending standards
for indigent defense and requesting staff to develop procedures for full
implementation of the standards. As of Friday, August 10, 2012, notification was
received that the effective date of the order changed to October 1, 2012.
Committee discussion followed.
Vice Chair Osborne moved to forward to full Council for consideration. Member
Wales seconded the motion. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Hwy 18 & AWS Median Improvements (Dowdy)
Public Works Director Dennis Dowdy addressed the committee with ideas on
median improvements at Hwy 18 and Auburn Way South. The work would be
completed with in-house labor and require coordination between Parks and M&O
staff. Irrigation is present in the area and the thought is to put in low maintenance
landscape on each of the ends of the median with the use of color rocks between
the ends. Committee discussion followed. At this time the plan is to hold off on
the temporary fix to this median area while work continues with the median
standards guideline for the City. Chair Peloza disagreed with the suggestion to
put this on hold - for this specific median - while the standards are being
determined.
B. Auburn Valley Humane Society Update (Hursh)
Community Services Manager Michael Hursh updated the committee on the
Auburn Valley Humane Society. Pet licensing is still showing an increase of 10%
over last year's numbers. The Police department is moving forward with the hiring
of a dedicated officer for animal control. The Planning department will continue to
provide facility support until the facility on A Street is completed and occupied by
the AVHS. They will also continue to provide operational support and canvassers
will be rehired soon. Committee discussion followed.
C. Auburn Valley Humane Society - Schedule Update (Burke)
Construction Project Manager Steve Burke provided an update on the progress of
the facility. Since last month a non-critical task item (no. 27) for the roof
replacement was added to the schedule and the work will be completed this
week. At the request of Legal an additional thirty (30) days was added to their
item (no. 35) allowing time for the approval process. On the site development side
of the work a new contractor is beginning to mobilize and they are on schedule.
We are 96% complete on the tenant side of work. Committee discussion followed.
D. Solid Waste Extra Garbage Policy (Coleman)
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MS.1 Page 10 of 161
At the request of the committee information was provided on the City of Auburn's
Solid Waste Extra Garbage Policy. The City encourages solid waste customers to
select the correct service level that meets their needs. Rates for extra garbage
will vary throughout the year. Waste Management drivers take pictures of extra
garbage so that fees are accurately charged. The City's Solid Waste Division
receives the pictures on a weekly basis and they are kept on file should a
customer dispute an extra charge. Committee discussion followed.
E. Auburn Municipal Airport Rules and Regulations (Coleman)
Finance Director Shelley Coleman provided the committe with Policy 100-80 and
Policy 100-81 relating to the rules and regulations of the Airport. These rules and
regulations adopted pursuant to the Auburn City Code are intended to provide for
the safe, orderly, and efficient operation of the airport in accordance with federal,
state, and city laws and regulations. Committee discussion followed.
F. Airport Grants (Coleman)
Finance Director Shelley Coleman presented to the committee. In April of 2012
the Municipal Services Committee reviewed and took action on Resolution No.
4815 and in May the City Council approved the resolution for Two Hundred and
Twenty Five Thousand dollars ($225,000.00), which included a 10% match by the
City of Auburn. Resolution No. 4815 authorized the Mayor to implement
administrative procedures necessary to carry out the directives of the Resolution.
At this time, it is anticipated that the grants to be awarded this August and no later
than August 30, 2012. As the precise timing of these awards is yet to be
determined; and as the City typically has only 10 days to respond; the intention is
to by-pass the Committee and take this award directly to City Council for
approval. Committee discussion followed.
G. Emergency Management Communications (Miller)
Emergency Management Assistant Heather Kitchen provided an update to the
Committee on communication methods used during a public emergency event. As
a National Weather Service StormReady certified City, we are required to have at
least four ways to notify the public during emergencies; the City currently has
thirteen comprehensive options in place. All systems are operated cooperatively
between the Public Affairs Manager, Emergency Management staff, and trained
Public Information Officers located in several City departments. Committee
discussion followed.
H. 2012 Fireworks Update (Pierson)
Assistant Chief of Police Bill Pierson updated the committee on the recent
fireworks season for the City of Auburn. In 2012, the Auburn Police Department
continued to maintain a "zero tolerance" stance on the possession and/or
discharge of illegal fireworks in the city. Two objectives to enhance the Police
Department's response to fireworks for the 2012 season were identified as
priorities: continue efforts to improve communication and collaborative efforts with
representatives from the Muckleshoot Indian Tribe; and increase officer presence
Page 3 of 4
MS.1 Page 11 of 161
and enforcement in the neighborhoods with proactive fireworks patrols and
response to 911 complaints of fireworks by citizens. Committee discussion
followed.
I. Matrix
No changes were made to the Matrix at this time.
V. ADJOURNMENT
The meeting was adjourned at 4:41 p.m. The next meeting of the Municipal Services
Committee is Monday, August 27, 2012 at 3:30 p.m. in Conference Room 3, City Hall,
25 W. Main Street, Auburn, WA.
Signed this _________ day of August, 2012.
_______________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
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MS.1 Page 12 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
August 13, 2012 Minutes
Date:
August 15, 2012
Department:
Planning and Development
Attachments:
Draft August 13, 2012 minutes
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:August 20, 2012 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 13 of 161
Planning and Community
Development
August 13, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference
Room 2 located on the second floor of the One Main Professional Plaza, One East
Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair Partridge and Member John Holman
were present. Also present were Mayor Pete Lewis, Planning and
Development Director Kevin Snyder; Planning Manager Elizabeth
Chamberlain, Economic Development Manager Doug Lein, and
Planning Secretary Tina Kriss.
Members of the public were: Scot Pondelick
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes (Snyder)
Member Holman moved and Chair Backus seconded to approve the July 23, 2012
minutes as written.
Motion Carried Unanimously. 3-0
III. ACTION
There were no action items.
IV. DISCUSSION ITEMS
A. Draft Planning Commission/Planning and Community Development
Committee Work Plan (Snyder/Chamberlain)
Planning Manager Elizabeth Chamberlain stated the Planning and Community
Development Committee (PCDC) and Planning Commission held a joint session
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PCD.1 Page 14 of 161
on July 23, 2012.
One of the outcomes of the joint session is the development of a 2013 – 2014
work plan for the Planning and Community Development Committee and Planning
Commission. Committee and staff reviewed the draft work plan matrix and the
Committee provided the following feedback:
Major Comprehensive Plan Update:
• Committee and staff discussed various public outreach tools and
determined pushing information via social media and the internet should be
increased to engage public outreach.
• Committee and staff would like to explore engaging the Auburn School
District and Green River Community College (GRCC) as part of the
update. As part of the program the City could request specific services
(mapping, design, and surveying services), at no cost to the City, while
providing learning activities for students.
• Committee suggested providing workshops, activities or competitions to our
school age youth (including Green River Community College) to inspire and
cultivate City planning and building while providing the City with new ideas
and their perspective on how the City should develop over the next 20
years.
Agritourism Expansion
• Committee was supportive of this project and further discussion.
Food Truck/Food Cart Ordinance:
• Committee is supportive of exploring this topic.
Mobile Incubators/Virtual Centers:
• Committee is supportive of exploring this topic and would like staff to
provide examples.
Mixed – Use Development in all Zones:
• Committee was supportive of this concept but would like further
discussion. Current zoning methodology separates industrial from
residential, today industrial could be clean manufacturing and residential
uses could mix in.
Arts and Cultural District:
• Committee would like to explore the perception of our area teachers and
youth asking, “What does Auburn as an Entertainment Center look like to
you” and “What does the 21st century downtown Auburn look like to
you”. Mayor Lewis suggested having an illuminated interactive art wall in
our downtown; this type of art piece has been successful in other
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PCD.1 Page 15 of 161
jurisdictions.
Planning Commission and PCDC joint meetings:
• Joint meetings will take place every six months.
Auburn as an Entertainment Center:
• Committee and staff discussed having mobile hot spots within the
downtown; funding the program through advertising. Explore the same
discussion in connection with the Arts and Cultural District noted above.
Strategy Areas:
• Director Snyder stated staff will be providing alternative approaches to the
sub area plans to provide clarity and direction; they may be more like action
plans or result oriented plans.
Building Code Update:
• Committee was supportive of this project and felt the City could encourage
an incentive plan to promote a Green Building Code.
B. Downtown Parking Requirements (Snyder)
Planning Director Kevin Snyder reviewed the current City parking requirements for
the Downtown Urban Center specified in ACC 18.29.060.H.
Committee and staff discussed the City’s roll in parking requirements and if the
Committee feels the current parking requirements need to be changed. Director
Snyder stated that the City’s current parking requirements are set to a traditional
20th century model, not on the 21st century model which a lot of communities are
beginning to question because of changes in technology and how people live or
how their city should operate. Does the City want to require parking standards or
let the market determine the need?
Committee and staff discussed a potential for a hybrid approach, allowing some
market based parking and some changes to regulations; possibly having several
options with incentives such as allowing no parking onsite in exchange for paying
into a commercial parking area for parking credit to fulfill their requirements.
Committee asked staff to provide some examples of what other Cities are doing
and the results of those decisions.
Committee thought it would be beneficial to discuss the topic with area developers
to understand their ideas and perspective.
Staff will bring this item back for discussion with examples from other Cities.
C. Downtown Permit Parking Spaces (Chamberlain)
Planning Manager Chamberlain explained the Auburn Downtown Association in
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PCD.1 Page 16 of 161
consultation with the City developed and operated Downtown Parking Permit
Program. In 2008, the City took over operation of the Downtown Parking Permit
program. The City recently received a comment about the Downtown Parking
Permit program related to time of day availability.
Committee and staff discussed what the City’s roll in permit parking is currently
and what the Committee would like to see in the future. Committee discussed the
cost of parking enforcement and cost of providing parking. The current fee
structure was never set up for long-term parking and the City was not intended to
be in the permit parking business. Staff expressed most dedicated parking costs
much more than the current parking fee structure.
Committee and staff agreed that as development takes off in downtown with more
residents the conversations for reserved space will continue to grow. Director
Snyder pointed out there is not a lot of policy on this topic so Council will want to
continue to discuss this in concert with the Downtown Parking Management
Study/Plan.
Committee concurred the current permit parking plan will stay in place and staff
will bring back recommendations as part of the Downtown Parking
Management Study/Plan.
D. Director's Report (Snyder)
Director Snyder shared statistics provided by the permit coordinator of Bonney
Lake showing how many residential permits have been issued through July, 2012:
Auburn 224
Kent 138
Tacoma 84
Bonney Lake 64
Puyallup 3
Federal Way 54
Tukwilla 6
E. PCDC Status Matrix (Snyder)
Committee had no changes or additions.
V. ADJOURNMENT
There being no further business to come before the Planning and Community
Development Committee, the meeting was adjourned at 6:51 p.m.
Approved this _______ day of ___________, 2012.
_____________________________ __________________________________
Nancy Backus - Chair Tina Kriss - Planning Secretary
Page 4 of 4
PCD.1 Page 17 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
August 6, 2012 Minutes
Date:
August 14, 2012
Department:
Public Works
Attachments:
August 6, 2012 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:August 20, 2012 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 18 of 161
Public Works Committee
August 6, 2012 - 3:30 PM
Annex Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in
Conference Room #2, located on the second floor of Auburn City Hall, One
East Main Street, Auburn, Washington, 98002.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were
present. Also present during the meeting were: Mayor Pete Lewis,
Public Works Director Dennis Dowdy, City Engineer/Assistant Director
Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer
Dan Repp, Transportation Manager Pablo Para, Engineering Aide
Amber Mund, Project Engineer Kim Truong, Street Systems Engineer
Seth Wickstrom, Sewer Utility Engineer Bob Elwell, Water Utility
Engineer Cynthia Lamothe, Planning and Development Director Kevin
Snyder, Planning Manager Elizabeth Chamberlain, Facilities Manager
Lisa Moore, Project/Construction Manager Steve Burke, Auburn Days
Festival Director Connie Henke, citizen Scot Pondelick, and Public
Works Office Assistant Heather Guiberson.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes (Dowdy)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the July 16, 2012 Public Works
Committee Meeting.
Motion Carried Unanimously. 3-0.
B. Right-of-Way Use Permit No. 12-19 (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 12-19 for
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PW.1 Page 19 of 161
Auburn Adventist Academy.
Member Osborn stated that the permit looks the same as it did last
year. Engineering Aide Mund confirmed that the permit is exactly the
same as last year.
Motion Carried Unanimously. 3-0.
C. Right-of-Way Use Permit No. 12-23 (Mund)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve Right-of-Way Use Permit No. 12-23 for
Auburn Days Festival and Fun Run.
Chairman Wagner asked why Main Street needed to be closed early in
the morning on the 10th. Mayor Lewis answered that if they don’t shut
down by 9:00 a.m. there will be too many people parked on the street,
which would then need to be towed.
Motion Carried Unanimously. 3-0.
D. Public Works Project No. CP1025 (Snyder/Burke)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council award Contract No.
12-15 to Eclipse Coatings, Inc. on their low bid of $78,840.00 for
Project No. CP1025, Airport Hangers 9 and 10 Roof Repairs Project.
Motion Carried Unanimously. 3-0.
E. Public Works Consultant Agreement No. AG-C-417 (Elwell)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council grant permission to
enter into Consultant Agreement No. AG-C-417 with Murray, Smith,
and Associates, Inc., for engineering services for a Water Facilities
Evaluation Study as amended.
Chairman Wagner asked for more background on why this is
necessary. Sewer Utility Engineer Elwell stated that the Facility
Evaluation Study is a more detailed assessment that will look at the
different systems at each facility, such as the mechanical and
electrical systems. The purpose is to come up with recommendations
for what the effective life of the components are.
Chairman Wagner asked if the consultant would be aware of how the
SCADA system is going to work. Elwell stated the consultant is aware
of the SCADA systems; they will make recommendations as far as
what additional data may be desirable to collect to continue future
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PW.1 Page 20 of 161
evaluation of the components.
Water Utility Engineer Lamothe stated that the consultant will help us
with process and procedure to help us monitor that type of data so that
we can make best use of our equipment and extend the lifetime of it.
The Committee discussed the Read Ahead materials provided to the
committee.
Sewer Utility Engineer Elwell stated that we will be using data
collected from the existing SCADA system and once the new SCADA
system is in place they will be using the data from the new SCADA
system. There is also a fair amount of physical and visual inspection
that will also go along with the Water Facility Evaluation Study.
Both Chairman Wagner and Mayor Lewis expressed hesitation
because the study mentions not only condition but operations. Water
Utility Engineer Lamothe stated that the operations are in terms of
what we should be monitoring to best utilize the system. This would
set up an ongoing process for us to monitor certain physical conditions
and data from our monitoring systems.
Mayor Lewis asked if the type of equipment we used made a
difference. Lamothe stated that it will make a difference in the
operations but it will not make a difference in how the consultant
conducts the evaluation. The consultant will asses, evaluate, and
document whatever equipment is in place at the time and give their
recommendations as to what we should monitor that we are not
monitoring currently.
Mayor Lewis asked why it is not a good idea to wait until the new
SCADA system is in place. City Engineer/Assistant Director Selle
stated that even if their was no SCADA system old or new the
consultant is going to identify things we need to monitor, watch and
data you need to collect.
Mayor Lewis asked what the downside would be of delaying this study.
Utility Engineer Repp stated that the downside to delaying this study
would be that we focus on data from the new SCADA system which
will only have been operational for short period of time. The old
SCADA system, however, has extensive data records going back
many years. The proposed project will make use these records by
analyzing for trends in equipment performace such as motor starts,
flow rates, run times, etc. Repp stated that the SCADA information
will make up only a part of the various evaluations performed by the
study. The project will also be looking at facility structural conditon;
electrical, mechanical, and piping systems; and reservoir and
transmission main condition. Chairman Wagner agreed that we need
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PW.1 Page 21 of 161
to use the old data to see trend lines over several months rather than
just a couple months. Utilities Engineer Repp stated that the new
SCADA system will provide additional data that the current system is
not capable of.
Chairman Wagner suggested that there be mention of using data from
the new SCADA system in the scope of work so that the consultant is
aware that we intend to use that data to refine operating procedures.
Vice-Chair Peloza asked how the consultant was chosen for this
study. Sewer Utility Engineer Elwell stated that we used the general
request for proposals process. Repp stated we had 10 proposals
submitted. City Engineer/Assistant Director Selle told the committee
that we go through a process of interviews and background checks
before selecting a qualified consultant.
Chairman Wagner asked that on consulting contracts the respondents
be listed.
Motion Carried Unanimously. 3-0.
F. Public Works Project No. CP1112 (Wickstrom)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council award Contract No.
12-09 to Global Contractors, LLC on their low bid of $189,850.00 for
Project No. CP1112, 2011/2012 Citywide Sidewalk Repair Project.
Chairman Wagner asked if there is concern about the contractors low
bid. Street Systems Engineer Wickstrom stated that Global
Contractors, LLC is the same contractor that constructed the sidewalk
repair project two years ago and they did a good job. In addition, the
bid spread appears to be good with a good number of contractors and
range of bid values.
Motion Carried Unanimously. 3-0.
G. Public Works Project No. CP1211 (Truong)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council award Contract No.
12-12 to T.Miller Construction on their low bid of $40,625.00 plus
Washington State sales tax of $3,859.38 for a Total Contract Price of
$44,848.38for Project No. CP1211, Downtown Sculpture Garden.
Vice-Chair Peloza asked if they would see renderings of the different
types of sculptures. Planning Manager Chamberlain stated that this
award is for the foundations only and that the Parks Department is
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managing the actual art work through the Arts commission. Project
Engineer Truong stated that the art pieces will change annually.
Chairman Wagner asked if the mounting hardware is fixed or are they
somewhat flexible so that the artist does not have to design around a
particular bolt pattern. Project Engineer Truong stated that the
mounting hardware is fixed, there are four bolts. The artist will need to
follow the design parameters provided by the City. City
Engineer/Assistant Director Selle stated that the artist can do an
adjustment plate to connect the two together if needed.
Vice-Chair Peloza asked is there would be a variety of art displayed.
Planning Manager Chamberlain stated that the Arts Commission is
looking at displaying a variety.
Chairman Wagner asked if the bolts are lockable. Project Engineer
Truong stated that the bolts are tamper proof.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4848 (Snyder/Moore)
A Resolution of the City Council to make written findings and ratify
Mayor's declaration of emergency and authorization of contract for
emergency repair with Cobra Roofing Services for the City owned
building at 4910 A Street.
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council adopt Resolution No.
4848.
Planning Director Snyder discussed the emergency nature of the
proposed resolution. There were no questions from the Committee.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Resolution No. 4845 (Snyder)
Resolution No. 4845 - Property Abatement Action for 2121 Pike Street
NE, Auburn, Washington, 98002
Chairman Wagner asked if property abatements have been done
before. Mayor Lewis stated that they have been done before.
The Committee reviewed the proposed resolution.
B. Resolution No. 4846 (Snyder)
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Resolution No. 4846 - Property Abatement Action for 3102 O Street
SE, Auburn, Washington, 98002
There were no questions.
C. Resolution No. 4842 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington,
Declaring Certain Items of Property as Surplus and Authorizing Their
Disposal
There were no questions.
D. Resolution No. 4831 (Para)
A Resolution of the City Council of the City of Auburn, Washington,
Setting a Hearing Date in Relation to Amending the 2012-2017
Transportation Improvement Program of the City of Auburn Pursuant
to R.C.W. Chapter 35.77
Transportation Manager Para stated that this resolution is for
Transportation Improvement Program (TIP) modifications to the
existing TIP. This is to get three grand funded projects obligated and
has more to do with timing. This needs to be submitted to PSRC
(Puget Sound Regional Council) and approved in our current TIP so
that we can obligate the funds.
E. Resolution No. 4832 (Para)
A Resolution of the City Council of the City of Auburn, Washington,
Amending the 2012-2017 Six-Year Transportation Improvement
Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77
There were no questions.
F. 2013-2018 Transportation Improvement Program Annual Update
(Para)
Transportation Manager Para passed out revised pages to replace
pages, 7-8, 13-14, 43-44 and Appendix A of the Read Ahead that was
distributed to the Committee. Transportation Manager Para stated
that the revised pages show the grant that was just received for TIP
#38, 37th & B Street NW Railroad Crossing Safety Improvements
Project.
TIP #4 – I Street NE Corridor ($162K Expended Prior to 2013):
Chairman Wagner stated that he would like to make sure that we have
kept our word to improve the priority of the things related to RPG.
TIP #39, 40, 41, and 42 – Green River Community College Area
Projects: Chairman Wagner suggested that the City approach Green
River Community College (GRCC) to see if there is a way to get direct
funding participation. The Committee would like to see if we can do
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with our local benefiters what we did with the Port over the last several
years.
Mayor Lewis stated that he will write a letter to the President of GRCC
asking if they would like to participate in potential budget options. City
Engineer/Assistant Director Selle stated that GRCC is currently
working on their master plan which could possibly include discussion
to cooperate on regional transportation networks that have mutual
benefits inside that document. Both parties could use that as a guide
to show what they have agreed to do and talked about doing.
Member Osborne stated it should be a partnership agreement
between GRCC and the City of Auburn for possible road
improvements based on GRCC growth. Transportation Manager Para
stated that at the staff level there has been work on that and the
current projects on 124th were all funded by the college.
Mayor Lewis stated that there is no master agreement between GRCC
and the City for long term growth. GRCC’s plans are extensive for
growth in the future. We should be talking with GRCC to establish an
agreement just as we did with the Port. Mayor Lewis will ask the
President of GRCC to see which staff would work with City staff on a
long term master development agreement for the college area.
City Engineer/Assistant Director Selle stated that Council recently
approved new City Code to address master plans. GRCC and the City
have been working on the master plan concept for over a year now.
Chairman Wagner also suggested that the City work with the Auburn
School District to work on an agreement for long term capital needs for
funding transportation projects due to growth. Mayor Lewis said that
he would write GRCC and the Auburn School District and copy the
members of the Committee and Public Works.
Mayor Lewis asked if the Committee had seen the master plan that is
in process with GRCC. Selle stated the Committee has not seen the
master plan; the process is just beginning and the City was working on
getting the regulatory authority in place.
Mayor Lewis asked what specifically the Committee would like him to
ask of GRCC. Chairman Wagner stated that he would like to see in
GRCC’s long term plan that they make a statement about partnering
with the City, specifically in transportation. Mayor Lewis asked if that is
both for GRCC and Auburn School District. Member Peloza stated that
was correct.
TIP #11 – M Street NE, E. Main to 4th : Member Peloza asked if this
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project was from M Street going E down Main, fixing that street.
Transportation Manager Para explained that this project is to complete
a four lane section that will be built on M Street from E Main to 4th
NE.
Director Dowdy stated that the TIP is primarily Capital Projects not
preservation. Preservation projects are funded through the Save Our
Streets Program and the Arterial Preservation Program.
Transportation Manager Para stated that the City does not identify
specific preservation projects in the TIP.
Member Osborne expressed concern for the widening of M Street
being done in sections rather than all at once. Chairman Wagner
stated that at the Council Retreat the three M Street Projects scored
the highest for several of the criteria. City Engineer/Assistant Director
Selle stated that you need to take into consideration all the other
needs of the City at the same time. In addition, it is impractical to fund
improvements to a complete corridor all at once and so the TIP looks
at viable segments for funding purposes.
Chairman Wagner asked for a graph for the timing of projects on the
TIP map. City Engineer/Assistant Director Selle stated that Public
Works could put together a map in the Comprehensive Plan that
shows the corridors and shows the time frame of each corridor.
Member Osborne would like to see different colors for each year.
Chairman Wagner stated that he thought that both PCD and Public
Works Committees should have a joint workshop where we discuss
the corridor concept in the thirty year view. Mayor Lewis suggested
that discussion take place at the COW. Chairman Wagner stated that
next fall would be the time to target for the COW that focuses on
existing and future thirty year transportation corridors.
TIP #21 – C Street NW and West Main Street: Chairman Wagner
asked if this was a planning effort. Transportation Manager Para
stated that this is not just a planning effort, the initial thought was that
this project could be built in 2013-2014 based on the cost estimate.
Para stated that in the Capital Project Fund there is annual traffic
signal improvements funding, which can be used to support this
project. The preliminary concept is for a signal bridge across the
roadway which requires less underground work. This would allow the
use of existing infrastructure, which is the conduit, junction boxes, etc.
This project is planned to use of the existing Right-of-Way.
Chairman Wagner asked to have in the details that there is likely a
second phase to this project.
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TIP #24 – Academy Drive Multi-Use Trail: Chairman Wagner stated
that he believes this is a grant worthy project. He would like this
project to be moved forward some if possible. City Engineer/Assistant
Director Selle stated that if a grant comes along that we believe is a
good fit, the City can always pull those projects forward. Granted we
put our major emphasis on the near term projects but the first 3 years
of the TIP are fiscally constrained.
TIP #26 – METRO Shuttle: Auburn Community and Lakeland Shuttles:
Member Osborne asked why the cost had changed in recent years.
Transportation Manager Para stated that the cost has changed due to
service costs.
Member Peloza asked when there will be shuttle service on west hill.
Mayor Lewis stated that there is bus service from 51st on, beyond that
the population is not great enough for shuttle service in that area.
TIP #32 – Citywide Sidewalk Improvements: Member Osborn asked
why years 2015 and on were dropped from the TIP. Transportation
Manager Para stated that the pot of money that has been funding
those improvements is running dry. According to the Finance
Department after the next two years it will be gone. Starting in 2015 for
this project to continue the City will have to find a new revenue
source.
Member Osborne asked what the revenue source is currently. Para
stated that currently the revenue comes from LID reserve money.
TIP #50 and 51 – ITS Projects: Chairman Wagner stated that if there
is any general fund money in these projects he would rather be
replacing sidewalks. Transportation Manager Para stated that both of
these projects are intended to be grant funded.
Wagner stated that he would like to find a way to fund sidewalk
repairs. Para stated to look at page 13, there is very little general fund
money in the transportation program outside of the sidewalk project
and the traffic signal improvements. All other projects are funded by
gas tax, traffic impact fees or grants.
Chairman Wagner asked that the detail page for the Sidewalk project
state to look at this again next year to try to find a funding source.
TIP #37 – Local Street Preservation Program SOS: Member Osborne
asked where the $150k from utilities came from. Transportation
Manager Para stated that these funds are for incidental pavement
repairs that are done and related to utilities. Each utility has a set
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amount of $50k to contribute each year.
Member Peloza noted that on Page 19, M Street Grade Separation
should read M Street Underpass. Member Peloza had a question on
Page 36, AWS Streetscape Improvements (SR18 to M Street SE). City
Engineer/Assistant Director Selle stated that if a grant comes along
that fits the need the City can always pull the project forward.
Member Peloza asked if the amber turn arrows fell under the Traffic
Signal Improvements on Page 43. Para stated that this project funds
two different things, one being equipment upgrades and replacements
and the other being safety improvements.
TIP #10 – F Street SE (4th St SE to Auburn Way S): Chairman
Wagner asked how the neighborhood feels about this type of
improvement to their street. Transportation Manager Para stated that
there has been no public outreach yet specifically for the
neighborhood. Pablo stated there is not much ROW needed for this
project.
Chairman Wagner asked what is driving to get this done as early as
2016. Para stated this was actually earlier in previous TIPs, but with
the M Street Underpass project this project was recommended to be
pushed back until M Street was done.
TIP #18 – 8th St NE & 104th St NE Intersection Improvements:
Chairman Wagner asked whether TIP #18 continues to be a needed
project. Mayor Lewis indicated that there continues to be a concern
with access along the corridor and that the project is still warranted.
Chairman Wagner said to leave it as scheduled. Chairman Wagner
stated that there is an error on the matrix for the start date. Para noted
the error and will change to reflect the correct date.
Chairman Wagner had requested that TIP 64, 65 and 66 be removed
from the TIP and moved to the Comprehensive Plan, but he would like
them to remain on the TIP to remain more visible.
G. Capital Project Status Report (Gaub)
Item 4 – CP1005 – South Division Street Promenade: Chairman
Wagner asked what was done with the extra budget from the Project.
Assistant City Engineer Gaub stated that the extra LRF funding has
gone into several other projects (such as the Sculpture Garden and
downtown lighting) and there is additional unspent EDA funds due to
the project costs coming in under the original estimates.
Chairman Wagner asked how we can make it visible so that people
can see where the extra million went. City Engineer/Assistant Director
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PW.1 Page 28 of 161
Selle stated that there can be a note added to the Status column to
address this.
Item 13 – C201A – M Street Underpass: Assistant City Engineer
Gaub responded to a question regarding some information that was
inadvertently cut off and stated that the $2,772,752 in funding was
from the Public Works Trust Fund Loan.
Item 29 – CP1107 – Fulmer Wellfield Improvements: The Committee
reviewed the description of the phases in the Location/Description
column of the spreadsheet.
Item 32 – C512A – Well 4 improvement: In response a questions,
Assistant City Engineer Gaub stated that the project is schedule to be
construction next year.
Item 37 – CP1121 – 2011 Local Street Pavement Preservation, Phase
2: Member Peloza asked if H Street was completed yet, Gaub stated
that is was.
Item 38 – CP1201 – 2012 Local Street Pavement
Reconstruction: Chairman Wagner asked why there was such a
difference in budget and cost. Gaub stated that the bids received were
very low and that staff is evaluating adding additional work to the 2012
Pavement Patching, Chip Seal and Overlay project which will likely
come before the Committee at the next meeting.
Item F – MS0802 – Airport Roof Elastomeric Coating: Member Peloza
commented on the very low bids received for this project.
H. Activities Matrix (Dowdy)
There were no questions or comments from the Committee.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 5:09 p.m.
Approved this _________day of ___________, 2012.
_____________________________ _____________________________
Rich Wagner, Chairman Jennifer Cusmir, Department Secretary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
August 6, 2012 Minutes
Date:
August 15, 2012
Department:
Finance
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:
Meeting Date:August 20, 2012 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 30 of 161
Finance Committee
August 6, 2012 - 5:30 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair Partridge called the meeting to order at 5:30 p.m. in Conference Room 1 located
on the second floor of the City Hall Annex located at One East Main Street in Auburn.
A. Roll Call
Chair John Partridge, Vice Chair John Holman and Member Largo Wales were
present. City officials and staff members present included: Mayor Peter B. Lewis,
Deputy Mayor Nancy Backus, Assistant City Attorney Steve Gross, Human
Resources and Risk Management Director Brenda Heineman, Risk Manager Rob
Roscoe, Finance Director Shelley Coleman, Parks, Arts and Recreation Director
Daryl Faber,and Deputy City Clerk Shawn Campbell. Also present was Scott
Pondelick
B. Announcements
1. Presentation to Committee by Doxo, Inc.
The Committee received a presentation from April Nowak and Ian Fletcher
from Doxo. Ms Nowak explained the various trends in paper free bill pay. She
explained the benefits and challenges associated with cloud computing.
Member Holman asked who would be responsible for the service fee and
who is paying the fee currently. Ms. Nowak stated the City would pay the fee
to any service provider. Director Coleman said the City currently pays a 2.5%
fee to the credit card companies when a customer pays with a credit card.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. Minutes of the July 16, 2012 regular meeting
Vice Chair Holman moved and Member Wales seconded to approve the July 16,
2012 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims check numbers 415531 through 416022 in the amount of $4,239,805.84
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FN.1 Page 31 of 161
and dated August 6, 2012.
Committee members reviewed the claims and payroll vouchers and briefly
discussed claims vouchers 415533, 415591,415651, 415688, 415779, 415803,
415851, 415887, 415888.
Vice Chair Holman moved and Member Wales seconded to approve claims and
payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 533088 through 533122 in the amount of
$273,309.65 and electronic deposit transmission in the amount of
$1,283,912.13 for a grand total of $1,557,221.78 for the period
covering July 12, 2012 to August 1, 2012.
See claims vouchers above for approval of payroll vouchers.
III. DISCUSSION ITEMS
A. Resolution No. 4843 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a fixed-based lease
agreement between the City of Auburn and Airtech Instrument Co.,
Inc.
Director Coleman stated the lease agreement with Airtech Instrument is for two
five year terms with an additional five year term extension.
B. Resolution No. 4844 (Faber)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an agreement with the lowest
responsible bidder for Public Works Contract Number 12-13 regarding
the Lea Hill Park Improvement Project No. CP1003
Director Faber stated the there were six (6) bidders for the Lea Hill Park
Improvement Project. The cost of the project will be reimbursed to the City by
Green River Community College.
C. Resolution No. 4807
Member Wales asked for clarification on the status of Resolution 4807.
Mayor Lewis said the Finance Committee would need to bring the item back to the
Finance Committee for discussion or action since the Council Operations
Committee has finished reviewing the resolution.
IV. EXECUTIVE SESSION
At 6:20 Chair Partridge adjourned the meeting to executive session for
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FN.1 Page 32 of 161
approximately fifteen minutes to discuss legal risk of a proposed action pursuant to
RCW 42.30.110(1)(i)(3) Assistant City Attorney Steve Gross, Human Resources and
Risk Management Director Brenda Heineman, and Risk Manager Rob Roscoe, were
required for the executive session.
At 6:31 p.m., Chair reconvened the regular meeting.
Vice Chair Holman moved and Member Wales seconded to approve acceptance of the
property damage settlement from GEICO.
MOTION CARRIED UNANIMOUSLY. 3-0
V. ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
at 6:36 p.m.
APPROVED the 20th day of August 2012.
_________________________________ _________________________________
John Partridge, Chair Shawn Campbell, Deputy City Clerk
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FN.1 Page 33 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 6, 2012 Regular Meeting
Date:
August 14, 2012
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:August 20, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 34 of 161
City Council Meeting
August 6, 2012 - 7:30 PM
Auburn City Hall
MINUTES
Watch the meeting video
Meeting videos are not available until 72 hours after the meeting has concluded.
I. CALL TO ORDER
A. Flag Salute
Mayor Lewis called the meeting to order at 7:30 p.m. and led those in
attendance in the Pledge of Allegiance.
B. Roll Call
Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John
Partridge, Largo Wales, Wayne Osborne and John Holman.
Department directors and staff members present: Parks, Arts and
Recreation Director Daryl Faber, Assistant City Attorney Steve Gross,
Planning and Development Director Kevin Snyder, Public Works Director
Dennis Dowdy, Police Commander Dave Colglazier, Human Resources
and Risk Management Director Brenda Heineman, Finance Director Shelley
Coleman, and Deputy City Clerk Shawn Campbell.
C. Announcements, Appointments, and Presentations
1. Professional Leadership Award Presented to Rocky Kirwin
Recreation Coordinator Rocky Kirwin of the Senior Center was
awarded the Professional Leadership Award for 2012 by the
Washington State Association of Senior Centers. The award was
presented at the Association's annual conference, May 23, 2012 in
Redmond, Washington. Mayor Lewis and Parks, Arts and Recreation
Director Daryl Faber recognized and presented Rocky Kirwin with the
Professional Leadership Award.
2. Proclamation - Farmers Market Week
Mayor Lewis to proclaim August 5-11, 2012 as "Farmers Market Week"
in the city of Auburn.
Mayor Lewis read and presented Councilmember Bill Peloza, Farmers
Market Manager Joanne Macnab, Linda Morris and Kathy Clark with a
proclamation declaring August 5-11, 2012 as Farmers Market Week in
the city of Auburn.
Ms. Macnab thanked the City for their support of the Auburn
International Farmers Market.
3. 2012 Diamond Award Presentation
Mayor Lewis presented Human Resources Director Brenda Heineman
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CA.A Page 35 of 161
with the 2012 Diamond Award in recognition of special achievement in
implementing an innovative program that focuses on utilizing
compressed work schedules to reduce commute trips. Mayor Lewis
congratulated Director Heineman and her staff for their efforts.
D. Agenda Modifications
The agenda was modified to include the Property Damage Release on the
consent agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
Brenda Hrdecky, Auburn
Ms. Hrdecky spoke about the general election, civil action for fallen officers,
and infestation of Scotch Broom.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen suggested replacing the rocks in the medians with a rubber
substance. She said this would reduce the instances of vandalism in the
city. She thanked the Council on behalf of the residents on 22nd Street SE
for repairing their street. She also congratulated Director Heineman
on receiving the 2012 Diamond Award.
C. Correspondence
There was no correspondence to review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met on July 23,
2012. The Committee considered Resolution No. 4843 regarding a lease
agreement with Airtech. The Committee also discussed animal control,
the Auburn Municipal Golf Course, the City's risk profile, the shopping cart
return program and red light photo enforcement. The next regular meeting of
the Municipal Service Committee is scheduled for August 13, 2012 at 3:30
p.m.
B. Planning & Community Development
Chair Backus reported the Planning and Community Development
Committee met on July 23, 2012. The Committee reviewed Resolution Nos.
4831 and 4832 to set a public hearing dates related to the proposed
amendment of the 2012-2017 Transportation Improvement Program,
Resolution No. 4844 authorizing the contract for Public Works Project No.
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CA.A Page 36 of 161
CP1003, the Lea Hill Park Improvement Project, and Resolution Nos. 4845
and 4846 regarding property abatement. The Committee also conducted a
joint session with the Planning Commission. The joint session included
discussion on additional joint sessions, health care, ecosystems
management, education, bio-research facilities, aerospace, and the 2013-
2014 work plan for the Planning Commission. The Committee
discussed creating SMART goals for all committees. The next Planning and
Community Development Committee meeting is scheduled for August 13,
2012 at 5:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at
3:30. The Committee approved Right-of-Way Use Permits for the Auburn
Adventist Academy and Auburn Days Festival and Fun Run, the bid award
for Public Works Project No. CP1025 for Airport Hangars 9 and 10 Roof
Repairs, a Consultant Agreement with Murray, Smith, and Associates, Inc.
for engineering services for a water facilities evaluation study, the bid award
for Public Works Project No. CP1112 for the 2011/2012 Citywide Sidewalk
Repair Project, the bid award for Public Works Project No. CP1211 for the
Downtown Sculpture Garden, and Resolution No. 4848 approving roof
repairs for Auburn Valley Humane Society building. The Committee also
discussed Resolution Nos. 4845 and 4846 regarding property abatement,
Resolution No. 4842 regarding surplus property, and Resolution Nos. 4831
and 4832 regarding the 2012-2017 Transportation Improvement Program,
the 2013-2018 Transportation Improvement Program, the capital projects
report, and the activities matrix. The next regular meeting of the Public
Works Committee is scheduled for August 28, 2012 at 3:30 p.m.
D. Finance
Chair Partridge reported the Finance Committee met this evening at 5:30
p.m. The Committee received a presentation from Doxo regarding paper
free systems. The Committee reviewed claims vouchers in the amount of
$4.2 million and payroll vouchers in the amount of $1.5 million. The
Committee discussed Resolution No. 4843 regarding a lease agreement
with Airtech and Resolution No. 4844 regarding the Lea Hill Park
Improvement Project. The Committee met in executive session regarding
pending/potential litigation and subsequently approved forwarding the
property damage release with GEICO to the full Council. The next regular
Finance Committee meeting is scheduled for August 20, 2012 at 5:30 p.m.
E. Les Gove Community Campus
The next meeting of the Les Gove Community Campus is scheduled for
Wednesday August 15, 2012 at 5:30 p.m.
F. Council Operations Committee
The next regular meeting of the Council Operations Committee is scheduled
for September 4, 2012 at 5:00 p.m.
IV. CONSENT AGENDA
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CA.A Page 37 of 161
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. July 16, 2012 Meeting Minutes
B. July 24, 2012 Special Meeting Minutes
C. Claims Vouchers (Partridge/Coleman)
Claims check numbers 415531 through 416022 in the amount of
$4,239,805.84 and dated August 6, 2012.
D. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533088 through 533122 in the amount of $273,309.65 electronic
deposit transmissions in the amount of $1,283,912.13 for a grand total of $1,557,221.78
for the period covering 07/12/12 to 08/01/12.
E. Public Works Consultant Agreement No. AG-C-417 (Wagner/Dowdy)
Grant permission to enter into consultant agreement No. AG-C-417 with Murray, Smith
and Associates, Inc. for engineering services for the Water Facilities Evaluation project.
F. Public Works Project No. CP1025 (Wagner/Snyder)
City Council award contract No. 12-15 to Eclipse Coatings, Inc. on its low bid of $78,840
for Project No. CP1025 - Airport Hangars 9 and 10 Roof Repairs project.
G. Public Works Project No. CP1112 (Wagner/Dowdy)
Permission to award contract No. 12-09, to Global Contractors, LLC on their low bid of
$189,850.00 for Project No. CP1112, 2011/2012 Citywide Sidewalk Repair project
H. Public Works Project No. CP1211 (Wagner/Dowdy)
Permission to award contract No. 12-12, to T. Miller Construction on their low bid of
$40,625.00 plus Washington State sales tax of $3,859.38 for a total contract price of
$44,848.38 for project No. CP1211, Downtown Sculpture Garden.
I. Property Damage Release
City Council accept property damage settlement from GEICO.
Deputy Mayor Backus moved and Councilmember Wagner seconded to
approve the consent agenda.
The consent agenda includes minutes, claims and payroll vouchers, public
works projects, and a property damage release.
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. RESOLUTIONS
A. Resolution No. 4831 (Backus/Dowdy)
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CA.A Page 38 of 161
A Resolution of the City Council of the City of Auburn, Washington, setting a
hearing date in relation to amending the 2012-2017 Transportation
Improvement Program of the City of Auburn pursuant to R.C.W. Chapter
35.77
Deputy Mayor Backus moved and Councilmember Wagner seconded
to adopt Resolution No. 4831.
The Resolution sets a public hearing date for amending the 2012-2017
Transportation Improvement Program.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 4843 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a fixed-base lease
agreement between the City of Auburn and Airtech Instrument Co., Inc.
Councilmember Peloza moved and Councilmember Osborne seconded
to adopt Resolution No. 4843.
The Resolution authorizes a fixed-based lease agreement between the City
and Airtech Instrument Company, Inc.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 4844 (Backus/Faber)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an agreement with the lowest responsible
bidder for public works contract number 12-13 regarding the Lea Hill Park
Improvement Project No. CP1003
Deputy Mayor Backus moved and Councilmember Partridge seconded
to adopt Resolution No. 4844.
The Resolution relates to the Lea Hill Park Improvement Project.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 4845 (Backus/Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City to expend funds to abate the weed and vegetation
nuisance at 2121 Pike Street NE, in the city of Auburn
Deputy Mayor Backus moved and Councilmember Partridge seconded
to adopt Resolution No. 4845.
The Resolution authorizes property abatement at 2121 Pike Street NE in
Auburn.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 4846 (Backus/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, Page 5 of 8
CA.A Page 39 of 161
authorizing the City to expend funds to abate the litter, junk, weed and
attractive nuisance at 3102 O Street SE, in the city of Auburn
Deputy Mayor Backus moved and Councilmember Partridge seconded to
adopt Resolution No. 4846.
The Resolution authorizes property abatement for 3102 O Street SE in
Auburn.
MOTION CARRIED UNANIMOUSLY. 7-0
F. Resolution No. 4848 (Backus/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, to make
written findings and ratify Mayor's declaration of emergency and
authorization of contract for emergency repair with Cobra Roofing Services
for the City owned building at 4910 A Street
Deputy Mayor Backus moved and Councilmember Partridge seconded
to adopt Resolution No. 4848.
The Resolution is a declaration of emergency and authorizes the emergency
repair contract for 4910 A Street SE.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and local
organizations.
A. From the Council
Deputy Mayor Backus reported on her attendance at meetings with City
partners regarding synthetic playfields, a Committee of the Whole meeting,
Pacific Raceways' NHRA event, the Mayor's Round Table where
participants discussed the repair of Howard Hansen Dam, funds for the
freight corridor, harbor taxes, extending tax benefits for all tax levels,
veterans and human services work, and Community Development Block
grants with Congressman Dave Reichert.
Councilmember Wagner reported on his attendance at the Pierce County
Regional Council where they discussed jobs and employment and how
Pierce County calculates the jobs and employment rates regarding Joint
Base Lewis McChord for transit funding. Members of the Pierce County
Regional Council also discussed small city transportation funding.
Councilmember Wales reported on her attendance at a King County tax
workshop, a webinar regarding Supreme Court decisions and effects on
cities, a tour of the Coal Creak Springs aquifer system, the Auburn School
District's Reaching Out Fair planning meeting, and the Puyallup River
Watershed meeting where she viewed the process they use to create a dirt
Page 6 of 8
CA.A Page 40 of 161
product from the waste. She also attended Senator Joe Fain's open house,
the Piece County Cities and Towns meeting where they learned about
creating partnerships among the smaller cities, the Artrageous event, and
the Auburn International Farmers Market.
Councilmember Holman reported he attended the Auburn Chamber of
Commerce Partnership luncheon where Port of Seattle Commissioner Gail
Carlton spoke on warehousing and business districts, the centennial
anniversary of the White River Buddhist Temple's Bon Odori festival, the
Port of Seattle's Working Harbor tour where they discussed partnerships
between the Port and the City.
Councilmember Peloza discussed the last several weeks at the Auburn
International Farmers Market. He reported on his attendance at the Water
Resources Inventory Area (WRIA) 9 meeting where members discussed
funding mechanisms for continuing the funding of the 2005 Salmon Habitat
Planning process for the Green River Watershed, a Regional Water Quality
Committee meeting where they discussed Combined Sewer Overflow
System, the Suburban Cities Association speakers panel where they
discussed mitigation of combined sewer overflow, and the National league
of Cities Natural Resources Steering Committee meeting in Nashville where
they discussed fracking for oil and natural gas.
Councilmember Osborne reported he attended the Auburn Area Chamber of
Commerce luncheon.
Councilmember Partridge reported on his attendance at the National
League of Cities Public Safety Crime Prevention steering committee
meeting in Nashville where members discussed legislative issues for 2013
and the Regional Law, Safety and Justice Committee meeting held at the
SCORE facility with a tour of the facility at the conclusion of the meeting. He
also attended the Auburn Valley Humane Society Board meeting.
B. From the Mayor
Mayor Lewis reported there are two large projects moving forward in the
city: the $35 million Supermall upgrade and the $34 million Green River
Community College project. Mayor Lewis also also announced that the City
received a $307,000 grant for the construction of a new rail crossing at 37th
Street due in large part to the efforts of the City's lobbyists in Washington,
D.C. and Olympia. Mayor Lewis reported he attended the South County
Area Transportation Board meeting where the Port of Tacoma and Port of
Seattle agreed to join the Valley Cities, the Green River Community College
Board retreat, a meeting with emergency management representatives
regarding the Evergreen Apartments, the Puget Sound Regional Council
meeting where the City of Auburn was awarded grant funds for two projects
and is the first alternate for a third grant, a Valley Cities meeting
where members discussed speed limits and access restrictions on city
roads, a welcome home celebration for Olympian Ariana Kukors who
placed fifth in swimming's individual medley at the 2012 Summer Olympics,
the Bon Odori festival, and the Mayor's Innovation Project. Mayor Lewis
Page 7 of 8
CA.A Page 41 of 161
also noted the approval of a study for a potential Amtrak stop in the City of
Auburn and that the Valley Regional Fire Authority has the highest
survivability rate for a heart attack in the United States due to the Medic One
system.
IX. EXECUTIVE SESSION
At 8:54 p.m. Mayor Lewis recessed the meeting for a five minute intermission
and then to executive session for approximately ten minutes in order to
discuss the acquisition of real estate pursuant to RCW 42.30.110(1)(b).
Assistant City Attorney Steve Gross, Director Kevin Snyder and Director Daryl
Faber were required for the executive session.
At 9:07 p.m., Mayor Lewis reconvened the regular meeting.
Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt
Resolution No. 4847.
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute a Purchase and Sale Agreement between
the City of Auburn and the Auburn Lake Investments, LLC
The Resolution authorizes the purchase of property in the West Hill area of
Auburn for a future park.
MOTION CARRIED UNANIMOUSLY. 7-0
X. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 9:09 p.m.
APPROVED this 20th day of August, 2012.
_____________________________ _________________________________
Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk
Page 8 of 8
CA.A Page 42 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
August 14, 2012
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve claim check numbers 416023 through 416398 in the amount of
$9,899,403.56 and one wire transfer in the amount of $435,302.17 and dated August 20,
2012.
Background Summary:
Claim check numbers 416023 through 416398 in the amount of $9,899,403.56 and one
wire transfer in the amount of $435,302.17 and dated August 20, 2012.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:August 20, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 43 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
August 14, 2012
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll check numbers 533123 through 533157 in the amount of
$829,704.69 and electronic deposit transmissions in the amount of $1,233,580.52 for a
grand total of $2,063,285.21 for the period covering August 2, 2012 to August 15, 2012.
Background Summary:
Payroll check numbers 533123 through 533157 in the amount of $829,704.69 and
electronic deposit transmissions in the amount of $1,233,580.52 for a grand total of
$2,063,285.21 for the period covering August 2, 2012 to August 15, 2012.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:August 20, 2012 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 44 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0915
Date:
August 15, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP0915, Well 1
Transmission Line.
Background Summary:
This project will construct a water transmission line from the Well 1 site to the Howard Rd Corrosion Control
Facility (CCF) and construct a replacement storm drainage main on M Street SE, consisting of the following:
Water main construction of 4,500 liner feet of new 16" main on M Street Southeast from the Well 1 Site at
11th Street Southeast to Auburn Way South, Auburn Way South from M Street Southeast to 17th Street
Southeast, 17th Street Southeast from Auburn Way South to R Street Southeast, R Street Southeast
from 17th Street Southeast to Howard Road, and extending 400 feet southeast on Howard Road to the
Howard Rd CCTF.
Storm drainage improvements of upgrading 2,400 linear feet of 12" main to 18" main along M St SE from
8th St SE to Auburn Way South and reconnecting catch basins along the route.
Construction of this project is expected to begin mid November, 2012 and be complete May, 2013 with the M
Street SE work proceeding during the existing road closure of M Street SE for the underpass project.
This project is within the 430 Water Utility and the 432 Storm Utility funds availible.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:August 20, 2012 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 45 of 161
Project No: CP0915Project Title:
Project Manager: Robert Lee
Initiation/Consultant Agreement
Initiation Date: _10/05/2009___ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 Future Years Total
430 Fund - Water 41,7509,296380,00015,651446,697
430 Fund - Water (PWTFL)001,500,00001,500,000
432 Fund - Storm Utility 00831,9040831,904
Total41,7509,2962,711,90415,6512,778,601
Activity Prior Years 20112012Future YearsTotal
Design Engineering - City Costs4,0284,39710,000018,425
Preliminary Engineering - Consultant Costs37,7221,398039,119
Design Engineering - Consultant Costs03,501194,1990 197,701
Construction Estimate 00750,0001,396,3962,146,396
Project Contingency (15%)0 0 112,500 209,459 321,959
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
Well 1 Transmission Line
Date: Aug 14, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Project Contingency (15%)0 0 112,500 209,459 321,959
Construction Engineering - City Costs0020,00035,000 55,000
Construction Engineering - Consultant Costs**00000
Total41,7509,2961,086,7001,640,8552,778,600
Prior Years 20112012Future YearsTotal
*430 Funds Budgeted ( )(41,750)(9,296)(1,880,000)(15,651)(1,946,697)
430 Funds Needed 41,7509,296755,2561,140,3941,946,696
*430 Fund Project Contingency ( )00(1,124,744)0(0)
430 Funds Required 0001,124,7430
Prior Years20112012Future YearsTotal
*432 Funds Budgeted ( )00 (831,904)0(831,904)
432 Funds Needed 00331,443500,461831,904
*432 Fund Project Contingency ( )00(500,461)00
432 Funds Required 000500,4610
* ( # ) in the Budget Status Sections indicates Money the City has available.
** This expense is reflective of the Optional Services included in the Consultant Agreement.
432 Storm Budget Status
430 Water Budget Status
H:\PROJ\CP0915-Well 1 Transmission Line\Budget\CP0915 Trans-BudgetStatusSheet.xls Page 1 of 1CA.D Page 46 of 161
CA.D Page 47 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1206
Date:
August 15, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
City Council approve Change Order No. 1 in the amount of $510,000 to Contract No. 12-
10 for work on Project No. CP1206, 2012 Pavement Patching, Chipseal and Overlay
Project.
Background Summary:
The 2012 Pavement Patching, Chipseal and Overlay Project is currently rehabilitating
deficient pavement on approximately 7.8 miles of streets throughout the City as part of
both the 2012 Arterial/Collector Pavement Preservation Program and the 2012 Save Our
Streets Program. This rehabilitation is being accomplished as follows:
1.This project is performing a pavement patching treatment (removing and replacing
areas of damaged pavement) on 2.0 miles of arterial and collector streets as part of
the City's Arterial and Collector Street Pavement Preservation Program.
2.This project is performing a double chipseal treatment on 4.3 miles of arterial and
collector streets as part of the City's Arterial and Collector Street Pavement
Preservation Program. In addition, this project is performing a double chipseal
treatment on 1.0 mile of local streets as part of the City's Save Our Streets
Program.
3.This project is performing a thin (1.5-inches thick) asphalt overlay treatment on 0.5
mile of local streets as part of the City's Save Our Streets Program.
Change Order No. 1 includes the following items of work:
1.Change Order No. 1 will perform pavement patching and a double chipseal
treatment on an additional 1.4 miles of arterial and collector streets as part of the
City's Arterial and Collector Street Pavement Preservation Program (see the
attached vicinity maps for the specific streets).
2.Change Order No. 1 will perform pavement patching and a double chipseal
treatment on an additional 2.0 miles of local streets as part of the City's Save Our
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 48 of 161
Streets Program (see the attached vicinity maps for the specific streets).
3.Change Order No. 1 will remove Mt. View Drive (0.8 miles) from the project due to
possible sewer work that may occur on the street as part of a nearby development
project.
The project budget is within the 105 (Arterial and Collector Street Pavement
Preservation) Fund budget for 2012.
A project increase of $339,500 within the 103 (Local Street Pavement Preservation) fund
will be necessary, however it will not require a budget adjustment since this money is
currently available from the budget contingency of project CP1201 (2012 Local Street
Pavement Reconstruction).
O4.9.1 CP1206
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:August 20, 2012 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 49 of 161
Project No: CP1206 Project Title:
Project Manager: Seth Wickstrom
Initiation/Consultant Agreement
Initiation Date: _Oct 17, 2011 and Feb 6, 2012 ___ Permission to Advertise
Solicitation Date: __June 5, 2012____________ Contract Award
Award Date: _July 2, 2012__________________ Change Order Approval
Contract Final Acceptance
Funds Budgeted (Funds Available)
FundingPrior Years20112012Future YearsTotal
105 Fund - Arterial/Collector Street Pavement Preservation 1,300,0001,300,000
103 Fund - Local Street Pavement Preservation
(Original Funds Budget for This Project)200,000200,000
103 Fund - Local Street Pavement Preservation
(Funds Available from CP1201 Project Budget)339,500339,500
Total 001,839,50001,839,500
Estimated Cost (Funds Needed)
ActivityPrior Years20112012 Future Years Total
Design Engineering - City Costs*2,500 2,500
Construction Estimate 1,261,714 1,261,714
Authorized Contingency 35,287 35,287
BUDGET STATUS SHEET
2012 Pavement Patching, Chipseal and Overlay Project
Date: August 13, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Change Order No. 1 510,000 510,000
Construction Engineering - City Costs*30,000 30,000
Total 001,839,50001,839,500
Prior Years 20112012 Future Years Total
**105 Funds Budgeted ( )00(1,300,000)0(1,300,000)
105 Funds Needed 001,300,00001,300,000
**105 Fund Project Contingency ( )00000
105 Funds Required 00000
Prior Years 20112012 Future Years Total
**103 Funds Budgeted ( )00(539,500)0(539,500)
103 Funds Needed 00539,5000539,500
**103 Fund Project Contingency ( )00000
103 Funds Required 00000
** ( # ) in the Budget Status Sections indicates money the City has available.
103 Local Street Budget Status
105 Arterial/Collector Street Budget Status
*City staff costs for street design and construction are not charged against the 103 fund project budget and are not shown here (staff costs charged against the
105 project budget are show).
Page 1 of 1CA.E Page 50 of 161
CA.E Page 51 of 161
CA.E Page 52 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1216
Date:
August 15, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tabulation Summary
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
City Council award Small Works Contract No. 12-17 to Doolittle Construction, LLC on
their low bid of $137,770.00 for Project No. CP1216, 2012 Arterial and Collector
Crackseal Project.
Background Summary:
This project will seal cracks in the pavement on approximately 11.5 miles of arterial and
collector streets with rubberized asphalt to help preserve the existing pavement. The
attached maps show the specific streets that will be crack sealed as part of this project.
Construction of this project is anticipated to begin in September 2012 and be completed
in October 2012, weather permitting.
A project budget contiengency of $24,676 remains in the 105 (Arterial and Collector
Street pavement Preservation) fund.
O4.9.1 CP1216
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:August 20, 2012 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 53 of 161
Project No: CP1216 Project Title:
Project Manager: Seth Wickstrom
Initiation/Consultant Agreement
Initiation Date: _July 16, 2012__________ Permission to Advertise
Solicitation Date: _July 31, 2012________ Contract Award
Award Date: _______________________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 Future Years Total
105 Fund - Arterial/Collector Pavement Preservation Fund 200,000200,000
Total 00200,0000200,000
Activity Prior Years20112012 Future Years Total
Design Engineering 2,000 2,000
BUDGET STATUS SHEET
2012 Arterial & Collector Street Crack Seal Project
Date: August 14, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Design Engineering 2,000 2,000
Construction Contract Bid 137,770 137,770
Authorized Contingency (20%)27,554 27,554
Construction Engineering 8,000 8,000
Total 00175,3240175,324
Prior Years 20112012 Future Years Total
*105 Funds Budgeted ( )00(200,000)0(200,000)
105 Funds Needed 00175,3240175,324
*105 Fund Project Contingency ( )00(24,676)0(24,676)
105 Funds Required 00000
* ( # ) in the Budget Status Sections indicates money the City has available.
105 Arterial/Collector Street Budget Status
Page 1 of 1CA.F Page 54 of 161
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CA.F Page 55 of 161
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CA.F Page 58 of 161
CA.F Page 59 of 161
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CA.F Page 61 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1109
Date:
August 15, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
City Council approve Change Order No. 3 in the amount of $31,134.11 to Contract No.
11-15 for work on Project No. CP1109, 2011 Storm Pipeline Repair and Replacement.
Background Summary:
Due to high groundwater and field complications, this change order will add a new 84 inch diameter catch
basin to the 37th St NW site as a replacement of the existing 72 inch diameter catch basin and adjust the
location of the proposed 96 inch diameter catch basin.
Construction is anticipated to begin on this change order immediately and be completed in September.
A project budget contingency of $254,830 remains in the 432 Storm Utility Fund for this project in 2012.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:August 20, 2012 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 62 of 161
Project No: CP1109Project Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: _8/01/2011__ Permision to Advertise
Advertisement Date: _9/13/2011_ Contract Award
Award Date: __9/30/2011__ Change Order 3 Approval
Contract Final Acceptance
Funding Prior Years 20112012 Future Years Total
432 Fund - Storm R&R Program**0126,307377,7400504,047
Total 0126,307377,7400504,047
Activity Prior Years20112012Future Years Total
Design Engineering - City Costs026,0880026,088
Construction Contract Bid (Ph1)0 77,805 76,776 0 154,581
BUDGET STATUS SHEET
2011 Storm Pipeline Repair and Replacement Program Ph 1 & 2
Date: August 14, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Contract Bid (Ph1)0 77,805 76,776 0 154,581
Authorized Contingency (15%)00000
Change Order #1 04,685004,685
Change Order #2 07,771007,771
Change Order #3 0031,134031,134
Construction Estimate (Ph 2)000250,000250,000
Project Contingency (15%)037,50037,500
Construction Engineering - City Costs010,74315,0000 25,743
Total 0126,307122,910287,500537,502
Prior Years20112012Future YearsTotal
*432 Funds Budgeted ( )0(126,307)(377,740)0(504,047)
432 Funds Needed 0126,307122,910287,500536,717
*432 Fund Project Contingency ( )00(254,830)00
432 Funds Required 000287,50032,670
* ( # ) in the Budget Status Sections indicates money the City has available.
** This is a portion of the 2011 and 2012 annual budget for the Storm Repair & Replacement Program.
432 Storm Budget Status
H:\PROJ\CP1109-2011 Storm Pipeline Repair Replacement\Budget\Pipe R&R Budget Status.xls1 of 1CA.G Page 63 of 161
CA.G Page 64 of 161
CA.G Page 65 of 161
CA.G Page 66 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4807
Date:
August 14, 2012
Department:
Administration
Attachments:
Resolution No. 4807
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4807.
Background Summary:
Reviewed by Council Committees:
Finance, Council Operations Committee
Councilmember:Partridge Staff:Heid
Meeting Date:August 20, 2012 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 67 of 161
RESOLUTION NO. 4 8 0 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, REVISING THE CITY OF
AUBURN POLICY FOR IDENTIFIED CITY OFFICIALS
TO PARTICIPATE IN AND MAINTAIN MEMBERSHIP IN
PROFESSIONAL ORGANIZATIONS AND IN CIVIC,
COMMUNITY, SERVICE OR GOVERNMENTAL
ORGANIZATIONS, AMENDING RESOCUTION NO 3417
ACCORDINGLY
WHEREAS, the City of Aubum benefits from the actiVities of the various
business and professional associations, service clubs and civic organizations
operating within the city; and,
WHEREAS, it would likewise be beneficial to the city if the public officials
and govemment leaders of the City participate in such business and
professional associations, service clubs and civic organizations; and,
WHEREAS, the Washington State Auditor has recognized the valuable
role that such associations, clubs and organizations play for cities and for their
communities; and,
WHEREAS, the Auditor has concluded that city policies that provide
support of public official membership in such organizations serve legitimate
public purposes; and
WHEREAS, while in the past, City policy has accommodated
participation of City elected officials in such various associations, service clubs
and civic organizations operating within the city, in light of current priorities and
economic conditions, it is appropriate to change that policy
Resolution No. 4807
March 6, 2012
Page 1 of 5
RES.A Page 68 of 161
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. That the policy established by Resolution No. 3417, passed
on February 4th, 2002, is amended as follows:
City of Aubum Policy for Public Official
Membership in Professional and 'Local Civic,
Community or Service Organizations
7.0 PURPOSE:
The City recognizes that membership in professional organizations and
in local civic or service organizations by cit r leaders and responsible
public officials may benefit the City, and therefore, may be pertnitteii with
support for tfie city
2.0 APPLICATION:
This policy applies to the following city leaders and responsible public
officials: The Mayor, members of tlie city couricils, department directors
and senior level supenrisors.
3.0 REFERENCES:
State Auditor's Office Bulletin No. 13 (October 24, 1995)
4.0 POLICY•
4.1 Professional Organizations for City Staff.
The Mayor is authorized to approve the reimbursement of costs
for membership in professional organizations for management
employees of the city of Aubum if, in the Mayor's opinion, said
membership will benefd the City Reimbursement for professional
organization memberships shall be made in the name of the City
rather than the individual staff member, unless an individual
membership is required for certification or has a specific, job-
related professional development benefd to the employee.
Resolution No. 4807
March 6, 2012
Page 2 of 5
RES.A Page 69 of 161
4.2 Civic and Service Organizations for City Leaders and
Management Employees.
4.2.1 Reimbursementfor membership and civic organaations or
service organizations, including initiation oosts, annual
dues and meeting meals, for Manaaement Emclovees he
s auth6rized wliere
that membership is in an established civic or service
organization such as the Chamber of Commerce, Rotary,
Kiwanis, Lions. The
ss asilManaaement_ Emolovees are responsibte for all
other co"sts, inoluding 6ut not limited to, costs incuRed
during traveling to and from meetings, and fines or
penalties
4.22 The Mayor may approve reimbursement of costs for
membership of . Manaaement Emalovees, including
initiation costs, annual dues and meeting meals, for
department directors and senior level supervisors, in avic
organaations or service organizations, if the following
conditions are met.
4.2.2.1 The departrnent directors and senior level
supervisors will be an;active participant in the civic
or service organiiation.
4.2.2.2 The membership is in an established civic or
service organization such as the Chamber of
Commerce, Rotary, Kiwanis, Lions, or other
organization deemed.6y the Mayor to have benefit
to the Citp
4.2.2.3 The department directors and senior level
supervisors are responsible for all other costs,
including but not limited to, costs incurred during
traveling to and from meetings, and fines or
penalties.
4.3 Communitv and Governmental Orqanizations for the Mavor,_Citv
Councilmembers and Elected Officials.
4.3.1 Reimbursement for membership in communfir and
aovemmental orpanizations, includina initiation costs.
ResoluGon No. 4807
AAa ch 6, 2012
Page 3 of 5
RES.A Page 70 of 161
annual dues and meetina meals, for the Mavor, members
of the citv council and elected officials of the oitv is
authorized where that rriembershin is in an established
communitv or aovemmental oraanization, such as the
Chamber of Commerce (insofar as it is dealina with citv
issuesl. and those reaional. state and national associations
and organizations to which the Mavor, members of.the.citv
council and eleoted officials of the citv have been assianed
in their role as a reore"sentative of the citv. includina, but
not limited to: the Kinq CounN and Kina CounN
Metropolitan boards and committees, the National Leaque
of Cities (NLC) boards and committees, ttie Association of
Washinaton Cities (AWC) boards and committees. the
Administratiori and Interaovernmental Relations (FAIR1
Policv Committee, the Metr000litan Solid Waste
Manaaement AcJvisorv.Committee (MSWACI. the Repional
Access Mobilitv Partnershiq (RAMP). the Puvalluq River
Watershed Forum. the Suburban Cities Association bdard§
and committees. the Kina CountV Flood Control District
Advisorv Committee. the South Cauntv Area Transportation
Board (SCATBd). This authorization does-not-include
membership, costs and exaenses for the Mavor, members
of the citv couricil or elected offioials of the citv related to
service clubs sucfi as Lions. Kiwanis. Oatimist, Rotarv, or
Soroatimist and similar service clubs and oraanizations.
unless the aarticiaation bv the Mavor. members of tFie citv
council or elected officials of the citv at a meetina of such a
service club o o aanization relates saecificallv to oitv
business.
4,34_4 Costs to be Budgeted.
The reimbursement costs provided for in this policy shall be
included in city of Aubum Annual Budget.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the diredives of
this legislation.
Resolution No. 4807
March 6, 2012
Page 4 of 5
RES.A Page 71 of 161
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Passed this Day of 2012.
CITY OF AUBURN
PETER B. LEVHIS,
AAAYOR
ATTEST
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
ieI B:. _•
City Attomey
Resolution No. 4807
March 6, 2012
Page 5 of 5
RES.A Page 72 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4832
Date:
July 18, 2012
Department:
Public Works
Attachments:
Resolution No. 4832 with attachments
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 4832.
Background Summary:
The purpose of this Resolution is for the City Council to approve an amendment to the
2012-2017 Transportation Improvement Program recognizing grant awards for three city
projects.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Dowdy
Meeting Date:August 20, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 73 of 161
RESOLUTION NO. 4 S 3 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE 2012-2017 SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY
OF AUBURN PURSUANT TO RCW CHAPTER 35.77
WHEREAS, the City of Aubum was provided notification by the Puget
Sound Regional Council and the Washingtori State Department of
Transportation about three grant awards totaling $3,913, 808; and
WHEREAS, as part of the award, the City is.required to add the projects
to the 2012-2017 Transportation Improvement Program (TIP) and the
Washington State Transportation Improvemerrt Program (STIP) in order to be
eligible to obligate the awarded funds; and
WHEREAS, pursuant to RCW 35.77.010, a public hearing to consider
amending the 2012-2017 Transportation Improvement Program for the City of
Aubum was held on August 20, 2012 at the hou of 7:30 p.m. in the Council
Chambers of the Aubum City Hall, ,pursuant to notice published in the legal
newspape of the City of Aubum on August 9, 2012; and
WHEREAS, said amendment to the 2012-2017 Transportation
Improvement Program of the City of Auburn was approved by the City Council
by motion duly made and carried in said hearing.
Resolution No.4832
June 28'", 2012
Page 1
RES.B Page 74 of 161
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOWES as follows:
Section 1. There is attached hereto and denominated as Exhibit"A" and
the terms of which are incorporated herewith by reference as though fully set
forth, a designation of the streets within the corporate limits of the City of
Aubum to be improved in the manner therein set forth during the year set for
the improvement of such street or streets.
Section 2. That the City Engineer of the City of Aubum is hereby
direded to forvvard a certified copy of this Resolution to the Washington State
Department of Transportation for filing not more than thirty (30) days after the
adoption of this Resolution.
Section 3. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
DATED this_day of August, 2012
CITY OF-AUBURN
PETER B. LEWIS
MAl'OR
Resolution No.4832
June 28'",2012
Page 2
RES.B Page 75 of 161
ATTEST
Danielle E. Daskam,
City Clerk
APP FOR :
Daniel B. Heid,
City Attomey
Resolution No.4832
June 28'",2012
Page 3
RES.B Page 76 of 161
ARTERIAL STREET FUND(102J ce ai Fadnnn vw
S6c Year CapIW Faellitlp Plan,2M2dM7 Speeial Rewnw Funtl
Pro nye. South 2Mnd 2771h St Corridor Capacity 8 Non Motorized Trafl
ImprovemeMe TIP l 6
Pro ea No: e422ao
Pro)eee rype: Gpaeity
Ro nnanaper. TBD LOS Conidor IDC 15
Oeseriptlon:
The SouM 272nd/277th Street Cortidor Capadry 8 Non Mohorimd Tre0 projeet mnahb of tha desipn,environmer l pertnildng,
rqht of ivey acquiaitbNtletllcetlon,ernl anstrudlon of inteieectlon Imp ovemeMS antl mejor roaEwey widenirp on S 277M St
from Aubum V1 y NoM to L Sheat NE The projxt mmponmffi iridude addirry two new easlbourW thro h lanea,one new
wwt Doimd MrouOh lane,a Claee I aeparatad non mobr¢etl trall,street Ilphtlnp Imp oJemenb,e9wm drain e hnprwemeMS,
straelBCBping Imp owmeMe In gartTranepurlation Syetem fmqovemeirta,iMerseWon Pedh and eafeh impro emeMa
anC murUlery Oun lanes at Aubum Way NoM,D Street NE,and 1 Street NE.ProjeG laiplh is appro dmetely 3,300/eet
Proprau 8ummery:
RobeRaon PropeNes GrouD CerticiGetlnp M Mb pmjeG end IS dedicaCnp ell neceseary roedway horrtepe to the Ciy.FHWA
GrarRixas aeaiietl in 2012 tor Deaipn anE ROW phesas.ComWCtlon graM Mitlh p appOratlwi w01 De auCmimad in 2012.
PuWra Impatl on Opamtlpg Budget
rne ennual malMenance mata tor thia proJeet Is eatlmamd ro he s27,250.
BuApBt 2PH VTCAC4W lO1x t/8u0pst
Fryw a &qY t B Miic
1dC7 ed9Wpef
Budpst Amelqmenb
Ad/uahOBUCWt
AetlWty:
IRwlwsriy IOHYE' SOt]YwFiq ToblRqst
F oM6p8ouRn: PYbrfol011 EYh ub m12 701] TWtl Cml
UnnsblcfW SCMRersnus
fAanL(Fatl.Shh.LamO 850 00 00OA00
TiaflklmpacfFwi 2B0.7W
OMa(Os ebPm nfFwda)' 2.7W.OW
ONer
TohIFWWhpBamea: 19.W6 - - tOq,000 7 ,0W 11A b 7.788,006
OWW Psw um m:Deaipn 1B4Ot!f 102.700 1.007.W0 127.7&5 7,ZB1.786
aqnraw.r LUO.aoo
cansnucva a rro aoo
TotdE Mtlum: 19.0l6 tOt,700 1.007,000
Forepstad Pmjxt Cost
ioW EappWlWnt
3M 1076 101! 2017 207b]077 17
FunEMp Sourca:
UnrestrkktlSGaelRevenue 2.7 Y3B.900
anu rr•ae.sae., no,wo a,en,wo s.eoo.000
r,amen rs.s zeo.oo zao.ro
aw.mewon V• wo.coo .aoo.aao taao.aoo
ar.
ToftlFlmllnp8amcp: 1,47i3OW q17q000
GPLLU lipnCftYrw:
D tlpn 1A4,000 7,202,700
fNphfe/Way 1.20.000 1.7T0.000
ConWUaron 6 770 D00 S 170 OW
7o0tlP.t aiAMum: 1A qt70.00D 7,7lI,700
Grmb/
RES.B Page 77 of 161
ARTERWL STREET FUND(102) capne Feemws P an
SI7c Yw GpMel Fadlplw Plan,2712-2017 Spxlal Rqrenua Fu
Projea r b: Aubum Way South(SR-784)CorttAOr Safety MprovemeMs TIP# 43
Rolea nw: p aaac
aro TYPe: CapacilY
P oJaa nane per. TBD LOS Cortldor ID#4
erlVnon:
lw puJeC w n hnpow Kmas nmrt rywide u-0mu pratle trmuh e s a ro mau qMlnp.Yraai a a rotlats aan laroa
mW etlmtrlms aid W ytl.WY atls Parm r m W.hWaO P Im qnffi anE atlWb peEatrlm P.aM up a
el is ta N pe INe pliuhp e W to 6npae Uia vq y of Ns alpntl Irrb.
FmBreat SummuY:
O arrt NnAlnpvws awarAeE In 2012 e'W tlaes nol iequlre e loeal metch.
FuOOe 6nptCt On OpxWn9 Bu t:
Thb poJeetwiA hew ro 6nPm rn tlro aPra11n0 butl0et M etlast a.
BYAQBG 1077 YTGAChtl 1073 HBUEpat
BWpR P nGIGn BW t BWnu
B
H
NMOU Yn) t071YE 101tYrrE'W TnWP1oJKt
Pu Y 8eiue r. PAOrb 20H .E tl mb 3012 Butl ,t IIul]B qpN Ry U TaW Cm
UnwWM,tlS(isMRmnus
Qlmlb(ftO,Sfab.Laol 730.OW 4.99.708
TmOfC Inlpefl Faea
Plt7FL
OMS/
TaYFle n08e p:ti0.000 7A77.10!
D tlpn 260,000 372,Y10
Rh'M M4Y B0,586
7 Y87 J7
ToM B m hea: 7QO.000 7,777,tOt
Faera tl Rc Jeet CosC
TaW E1 pImOCp
707t 10/6 07! 2017 201LYW7 B 2017
FlmmnY 8ourta:
unisW 1cYS0 Smst ae.anw
G4aMf(Fed,SbOe,Lawp ZOW.108 2.33.9.108
TM1eMp CFw
PN7F1Otlw
TablP mm 98eucw:7.Yq.7at 2,a»,toe
dmyn 82,270 13.210
nraxar eo.aea ae.ses
c,.aro os a,s ue a+s
raw e a w.:i a 1su.m
GIm6/OIMrSONCM:
RES.B Page 78 of 161
ARTERIAL STREET.PRESERVATION FUND(105) capna Fauntks wan
Six Yem CapMel FaWMks Pkn,20 Z-T077 Speekl Revenua FunAs
Rqeu ntle: West Vailey Hl9hway Syatem Preservatlon(15th NW to 971h NN
Pmlect rw: ep moc TIP#22
ProJeetType: Non-Cepacily
ProJedManaper.Setlf Wlekstrom
Deserlptlon: The V St VaOey Hiyhway System P eservatlon pmjeQ w01 weAay Me felll poNons M Me atreet pavemerM1
belween 75tti Street WV1I and S71h S6eef NW. This errtails the InafaDetlon of a le reliny eou ae.Provldinp a T-9'tlfkk esYhalt
conaete oveAay,and InduAes mino sur(eee Wliqr adJuatmenb.
B$7
FHWA STP GiarQ Nndinp was aeaued M 2012.
Fulure ImpaG on Opeeatlng Budget
NOne
BYdgYC 1077 YTDACWY 1073 77BWpR
Bu! N Fi ndlWm BuEpN BWnw
qappbygu
91R StMwMhwntr
8
Atthrlly:
Pisrbw Yn) 2017 VE 2073 Y v 6itl Total RoJ ct
RuntllnYBwRw: Poofb1017 EstlmW 20128YCOk - 30179W0 ToW f.ori .
NbMdPAwr qmiFUnd 380 WC SW.000
OnMF,mA(FSalua Shb LUUO 380.000 560,000
ueuq.Ta.
aEE72
BouMPlacesea
ToW FunElnp BoY pc 7.730,000 1.110,000
c+Wm,.anum:
w t7s.000 1ma,nao
a'
Cau6uttlon 9BBA 98b.000
TOW EspMblNm: 7 730,000 1.130,000
Fo eaebd ProJeet Cort
ToW 9 W p
201{ 2076 m16 1017 m7380R .Bhra E3011
F mNn08ompr.
Nb/lWRSamtlonFUntl 380.000
6 ant F1o1 10(FSp1 f,liCe7 SBO.00D
lpr9.ra
NEETl
BorMPYOqeQs
ToqlFUnUI qBOUicp: 1,120,000
e.nalu m:
w p^ s.aoo
wp eaiverContwcnon 00o
Tobl¢mANUn: 1.120 000
OmblOtlrorSwim:
RES.B Page 79 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4842
Date:
August 14, 2012
Department:
Public Works
Attachments:
Resolution No. 4842
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution 4842.
Background Summary:
Staff recommends the surplus of the following equipment:
P046B 2005 Ford Taurus VIN 1FAFP532X6A145586 Fixed Asset Number 55000 P046B
This Police car was destroyed in a fire on July 4, 2012 and is a total loss; and is
recommended to be surplused in order to be removed to the scrap yard.
6516C 2004 Ford Water Service Truck VIN 1FDAW56P34EC57579 Fixed Asset Number
55000 6516C
This Service truck is 8 years old and has been replaced. At this time there are no other
City departments that would utilitze this type of equipment and it is best for the City to
realize the money from sale than to continue to allow the general overall condition to
deteriorate by sitting idle, further diminishing its' resale value.
Water Distribution Inventoried Parts as listed on Schedule A of Resolution 4842.
The Water Utility is no longer using a number of parts that were purchased and logged
into inventory. These parts are no longer used due to the parts becoming obsolete and
changes in City standards. Many of the parts were able to be returned to the vendors for
credit or reimbursement; however, some could not be returned. It is requested that the
parts be surplused and sold online or as scrape to realize a portion of the purchase
price.
Reviewed by Council Committees:
Finance, Public Works
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 80 of 161
Councilmember:Wagner Staff:Dowdy
Meeting Date:August 20, 2012 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 81 of 161
RESOLUTION NO. 4 8 4 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON DECLARING
CERTAIN fTEMS OF FROPERTY AS SURPLUS
AND AUTHORIZING THEIR DISPOSAL
WHEREAS, the City of Aubum Public Works Department has a numbe of
items which are no longer of use to the City; and
WHEREAS, it would be appropriate to surplus the property and dispose of
it by auction or other sale mechanism, or to dispose of it, in whole or in part,
through gift to another govemmental agency or an appropriate charitable non-
profit entity, as deemed most expedient by the Mayor
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVEB as follows:
Section 1. Purpose. That the property ident ed below is declared
to be .surplus, and the Maybr is authorized to dispose of and convey such
property through appropriate sale or donation to another govemmental agency or
charitable non-profrt entity
Public Works
The following police car was destroyed in a fire and is a total loss:
P0466 2005 Ford Taurus VIN 1FAFP532X6A145586
Faed Asset Number 55000 P0466
Resclution No.4842
July 23, 2012
Page 1 of 2
RES.C Page 82 of 161
The following vehicle has been replaced and is past iYs u ful life:
6516C 2004 Ford Water Service Truck VIN 1 FDAW56P34EC57579
Fbced Asset Number 55000 6516C
The parts attached on Schedule A are no longer used by the water utility
3ection 2. Implementation. That the Mayor is authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. Effective Date. That this Resolution shall take effect
and be in full force upon passage and signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS
ATTEST AAAYOR
Danielle E. Daskam, City Clerk
AP k F R •
iel B. He , ity Attom
Resoluqon No.4842
Juty 23, 2012
Page 2 of 2
RES.C Page 83 of 161
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RES.C Page 84 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4849
Date:
August 14, 2012
Department:
Human Resources
Attachments:
Resolution No. 4849
WA Supreme Court Rule
WSBA Standard for Indigent Defense
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution 4849.
Background Summary:
The Washington State Supreme Court pursuant to Order No. 25700-A-1004 has adopted
a new standard for indigent defense services requiring a certificate of compliance for
defense counsel and such Supreme Court standards, with the exception of Standard 3.4,
become effective on October 1, 2012. The City of Auburn adopted Resolution 2014,
Standards for Public Defense on December 18, 1989. Therefore, the City of Auburn
Standards for Public Defense need to be updated.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Partridge Staff:Heineman
Meeting Date:August 20, 2012 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 85 of 161
RESOLUTION NO 4 8 4 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING STANDARDS FOR
INDIGENT DEFENSE, AND REQUESTING STAFF TO
DEVELOP PROCEDURES FOR FULL IMPLEMENTATION
OF THE STANDARDS
V1IHEREAS, RCW 10.101.030 requires each City to adopt standards for delnrery of
public defense senrices, whether provided by contract, assigned counsel, or a public
defender o ce; and
WHEREAS, the Washington State Bar Association has adopted a standard for
indigent defense services approved by the Board of Govemors on June 3, 2011, and
WHEREAS,the Washington State Supreme Court, pursuaM to Order No.25700.A-
1004,_has adopted a new standard for indigent defense services requiring a certificate of
compliance for defense counsel;.and
WHEREAS, such Supreme Court standards, with the exception of Standard 3.4,
become effective on October 1, 2012; and
WHEREAS, new Standard 3.4 relating to caseload limits and weighting
methodology shall become effective on September 1, 2013; and
WHEREAS,the City ofAubum adopted Resolution No. 2014, Standards fo Public
Defense, on December 18, 1989.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON; HEREBY RESOWES AS FOLLOWS:
Section 1 Pursuant to the requirements of RCW 10.101.030 and the
requirements of Order No. 25700-A-1004 of the Washington State Supreme Court, the
Resolutio No. 4849
August 7,2012
Page 1 of 3
RES.D Page 86 of 161
indigent defense standards set forth in the Supreme Court Order are hereby adopted and
incorporated by this reference as fully as if herein set forth. These adopted standards
shali be deemed amended, from time to time, upon amendment of the standard by the
State Supreme Court. The standards shall be effective and implemented in accordance
with the timeframes established in the Court's order To the extent the standards adopted
in Resolution No. 2014 conflict with the standards adopted by this Resolution, these
standards shall supersede those standards.
Section 2. The Standard for Indigent Defense Services adopted by the
Washington State Bar Assoaation as approved by its Board of Govemors on June 3,2011,
shall serve as a guideline in the interpretation and application of these defense standards.
Section 3. The City hereby requires that all counsel assigned to represent
indigent defendants in cases filed in the Aubum Municipal Court comply with the Supreme
Court'Rule as interpreted pursuant to the Washington State Bar Association guidelines.
Section 4 The Mayor is requested and directed to enter into negotiation with the
City's contract Public Defender regarding contract amendments necessary to incorporate
such standards in the parties' contract and to provide for a reporting system to confirm
implementation of these guidelines as set forth by the Washington State Supreme Court.
Such report shall include case count information relating to misdemeanor cases as well as
confirmation of compliance by defense counsel with the certification requirements of the
court rule. Such negotiation shall also address indemnity, sts and any other relevant
considerations.
Resolution No.4849
August 7,2012 ,
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Section 5. This Resolution shall be effective the day of
2012.
Dated and signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APP ED TO FORM:
n I B. ei ; '
Resolution No.4849
August 7, 2012
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Washington State Bar Association
Standards for Indigent Defense Services
[With amendments and format updates as of September 22, 2011]
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STANDARD ONE: Compensation
Standard:
Public defense attorneys and staff should be compensated at a rate c ommensurate with
their training and experience. To attract and retain qualified personnel, compensation
and benefit levels should be comparable to those of attorneys and staff in prosecutorial
offices in the area.
For assigned counsel, reasonable compensa tion should be provided. Compensation
should reflect the time and labor required to be spent by the attorney and the degree of
professional experience demanded by the case. Assigned counsel should be
compensated for out-of-pocket expenses.
Contracts should provide for extraordinary compensation over and above the normal
contract terms for cases which require an extraordinary amount of time and preparation,
including, but not limited to, death penalty cases. Services which require extraordinary
fees shall be defined in the contract.
Attorneys who have a conflict of interest shall not have to compensate the new,
substituted attorney out of their own funds.
Flat fees, caps on compensation, and lump -sum contracts for trial attorneys are
improper in death penalty cases. Private practice attorneys appointed in death penalty
cases should be fully compensated for actual time and service performed at a
reasonable hourly rate with no distinction between rates for services performed in court
and out of court. Periodic billing and payment should be available. The hourly rate
established for lead counsel in a particular case should be based on the circumstances
of the case and the attorney being appointed, including the following factors: the
anticipated time and labor required in the case, the complexity of the case, the skill and
experience required to provide adequate legal representation, the attorney's overhead
expenses, and the exclusion of other work by the attorney during the case. Under no
circumstances should the hourly rate for lead counsel, whether private or public
defender, appointed in a death penalty case be less than $125 per hour (in 2006
dollars).
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-2.4 and 5-3.1.
American Bar Association, Guidelines for the Appointment and Performance in Death Penalty Cases,
1988, Standard 10-1.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standards 13.7 and 13.11.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-4.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contracts, 1984, Standard III-10 and III-11.
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Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline No. 6.
STANDARD TWO: Duties and Responsibilities of Counsel
Standard:
The legal representation plan shall require that defense services be pro vided to all
clients in a professional, skilled manner consistent with minimum standards set forth by
the American Bar Association, applicable state bar association standards, the Rules of
Professional Conduct, case law and applicable court rules defining the duties of counsel
and the rights of defendants in criminal cases. Counsel's primary and most fundamental
responsibility is to promote and protect the interests of the client.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-1.1, 5-5.1 and 5-1.1.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standards 13.1.
National Legal Aid and Defender Association, Standards for Defender Services, Standard II-2.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline III-18.
American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death
Penalty Cases. [Link]
STANDARD THREE: Caseload Limits and Types of Cases
Standard:
1. The contract or other employment agreement or government budget shall specify
the types of cases for which representation shall be provided and t he maximum
number of cases which each attorney shall be expected to handle.
2. The caseload of public defense attorneys shall allow each lawyer to give each
client the time and effort necessary to ensure effective representation. Neither
defender organizations, county offices, contract attorneys nor assigned counsel
should accept workloads that, by reason of their excessive size, interfere with the
rendering of quality representation. As used in this Standard, "quality
representation" is intended to describe the minimum level of attention, care and
skill that Washington citizens would expect of their state's criminal justice system.
3. General Considerations: Caseload limits reflect the maximum caseloads for
fully supported full-time defense attorneys for cases of average complexity and
effort in each case type specified. Caseload limits assume a reasonably even
distribution of cases throughout the year.
The increased complexity of practice in many areas will require lower caseload
limits. The maximum caseload limit should be adjusted downward when the mix
of case assignments is weighted toward offenses or case types that demand
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more investigation, legal research and writing, use of experts, use of social
workers, or other expenditures of time and resources. Atto rney caseloads should
be assessed by the workload required, and cases and types of cases should be
weighted accordingly.
If a defender or assigned counsel is carrying a mixed caseload including cases
from more than one category of cases, these standards sh ould be applied
proportionately to determine a full caseload. In jurisdictions where assigned
counsel or contract attorneys also maintain private law practices, the caseload
should be based on the percentage of time the lawyer devotes to public defense.
The experience of a particular attorney is a factor in the composition of cases in
the attorney’s caseload.
The following types of cases fall within the intended scope of the caseload limits
for criminal and juvenile offender cases in Standard 3.4 and mus t be taken into
account when assessing an attorney’s numerical caseload: partial case
representations, sentence violations, specialty or therapeutic courts, transfers,
extraditions, representation of material witnesses, petitions for conditional
release or final discharge, and other matters that do not involve a new criminal
charge.
Definition of case: A case is defined as the filing of a document with the court
naming a person as defendant or respondent, to which an attorney is appointed
in order to provide representation. In courts of limited jurisdiction multiple
citations from the same incident can be counted as one case.
4. Caseload Limits: The caseload of a full-time public defense attorney or
assigned counsel shall not exceed the following:
150 Felonies per attorney per year; or
300 Misdemeanor cases per attorney per year or, in jurisdictions that have not
adopted a numerical case weighting system as described in this Standard, 400
cases per year; or
250 Juvenile Offender cases per attorney per year; or
80 open Juvenile Dependency cases per attorney; or
250 Civil Commitment cases per attorney per year; or
1 Active Death Penalty trial court case at a time plus a limited number of non
death penalty cases compatible with the time demand of the death penalty case
and consistent with the professional requirements of Standard 3.2 supra; or
36 Appeals to an appellate court hearing a case on the record and briefs per
attorney per year. (The 36 standard assumes experienced appellate attorneys
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handling cases with transcripts of an average length of 350 pages. If attorneys do
not have significant appellate experience and/or the average transcript length is
greater than 350 pages, the caseload should be accordingly reduced.)
Full time Rule 9 interns who have not graduated from law school may not have
caseloads that exceed twenty-five percent (25%) of the caseload limits
established for full time attorneys.
5. Case Counting: The local government entity responsible for employing,
contracting with or appointing public defense attorneys should adopt and publish
written policies and procedures to implement a numerical case -weighting system
to count cases. If such policies and procedures are not adopted and published, it
is presumed that attorneys are not engaging in case weighting. A numerical
case weighting system must:
A. recognize the greater or lesser workload required for cases compared to
an average case based on a method that adequately assesses and
documents the workload involved;
B. be consistent with these Standards, professional performance guidelines,
and the Rules of Professional Conduct;
C. not institutionalize systems or practices that fail to allow adequate attorney
time for quality representation; and
D. be periodically reviewed and updated to reflect current workloads; and
E. be filed with the State of Washington Office of Public Defense.
Cases should be assessed by the workload required. Cases and types of cases
should be weighted accordingly. Cases which are complex, serious, or contribute
more significantly to attorney workload than average cases should be weighted
upwards. In addition, a case weighting system should consider factors that might
justify a case weight of less than one case.
Notwithstanding any case weighting system, resolutions of cases by pleas of
guilty to criminal charges on a first appearance or arraignment docket are
presumed to be rare occurrences requiring careful evaluation of the evidence
and the law, as well as thorough communication with clients, and must be
counted as one case.
6. Case Weighting: The following are some examples of situations where case
weighting might result in representations being weighted as more or less than
one case. The listing of specific examples is not intended to suggest or imply
that representations in such situations should or must be weighted at more or
less than one case, only that they may be, if established by an appropriately
adopted case weighting system.
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A. Case Weighting Upwards: Serious offenses or complex cases that
demand more-than-average investigation, legal research, writing, use of
experts, use of social workers and/or expenditures of time and resources
should be weighted upwards and counted as more than one case.
B. Case Weighting Downward: Listed below are some specific examples
of situations where case weighting might justify representations being
weighted less than one case. However, care must be taken because
many such representations routinely involve significant work and effort
and should be weighted at a full case or more.
i. Cases that result in partial representations of clients, including
client failures to appear and recommencement of proceedings,
preliminary appointments in cases in which no charges are filed,
appearances of retained counsel, withdrawals or transfers for any
reason, or limited appearances for a specific purpose (not including
representations of multiple cases on routine dockets).
ii. Cases in the criminal or offender case type that do not involve filing
of new criminal charges, including sentence violations, extraditions,
representations of material witnesses, and other matters or
representations of clients that do not involve new criminal charges.
Non-complex sentence violations should be weighted as at least
1/3 of a case.
iii. Cases in specialty or therapeutic courts if the attorney is not
responsible for defending the client against the underlying charges
before or after the client’s participation in the specialty or
therapeutic court. However, case weighting must recognize that
numerous hearings and extended monitoring of client cases in such
courts significantly contribute to attorney workload and in many
instances such cases may warrant allocation of full case weight or
more.
iv. Cases on a criminal or offender first appearance or arraignment
docket where the attorney is designated, appointed or contracted to
represent groups of clients on that docket without an expectation of
further or continuing representation and which are not resolved at
that time (except by dismissal). In such circumstances,
consideration should be given to adjusting the caseload limits
appropriately, recognizing that case weighting must reflect that
attorney workload includes the time needed for appropriate client
contact and preparation as well as the appearance time spent on
such dockets.
v. Representation of a person in a court of limited jurisdiction on a
charge which, as a matter of regular practice in the court where the
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case is pending, can be and is resolved at an early stage of the
proceeding by a diversion, reduction to an infraction, stipulation on
continuance, or other alternative non-criminal disposition that does
not involve a finding of guilt. Such cases should be weighted as at
least 1/3 of a case.
Related Standards
American Bar Association, Standards for Criminal Justice, 4-1.2, 5-4.3.
American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death
Penalty Cases. [Link]
American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants
When Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal
Opinion 06-441. [Link]
The American Council of Chief Defenders Statement on Caseloads and Workloads, (2007). [Link]
American Bar Association Eight Guidelines of Public Defense Related to Excessive Caseloads. [Link]
National Advisory Commission on Criminal Standards and Goals, Task Force on Courts, 1973, Standard
13.12.
American Bar Association Disciplinary Rule 6-101.
American Bar Association Ten Principles of a Public Defense Delivery System. [Link]
ABA Standards of Practice for Lawyers who Represent Children in Abuse & Neglect Cases, (1996)
American Bar Association, Chicago, IL.
The American Council of Chief Defenders Ethical Opinion 03-01 (2003).
National Legal Aid and Defender Association, Standards for Defender Services, Standards IV-I.
National Legal Aid and Defender Association, Model Contract for Public Defense Services (2002). [Link]
NACC Recommendations for Representation of Children in Abuse and Neglect Cases (2001). [Link]
City of Seattle Ordinance Number: 121501 (2004). [Link]
Seattle-King County Bar Association Indigent Defense Services Task Force, Guideline Number 1.
Washington State Office of Public Defense, Parents Representation Program Standards Of
Representation (2009). [Link]
Keeping Defender Workloads Manageable, Bureau of Justice Assistance, U.S. Department of Justice,
Indigent Defense Series #4 (Spangenberg Group, 2001). [Link]
STANDARD FOUR: Responsibility for Expert Witnesses
Standard:
Reasonable compensation for expert witnesses necessary to preparation and
presentation of the defense case shall be provided. Expert witness fees should be
maintained and allocated from funds separate from those provided for defender
services. Requests for expert witness fees should be made through an ex parte motion.
The defense should be free to retain the expert of its choosing and in no cases should
be forced to select experts from a list pre-approved by either the court or the
prosecution.
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Related Standards:
American Bar Association, Standards for Criminal Justice, 5-1.4.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV 2d, 3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1983, Standard III-8d.
National Advisory Commission, Task Force on Courts, 1973, Standard 13.14.
STANDARD FIVE: Administrative Costs
Standard:
1. Contracts for public defense services shall provide for or include administrative
costs associated with providing legal representation. These costs should include
but are not limited to travel, telephones, law library, including electronic legal
research, financial accounting, case management systems, computers and
software, office space and supplies, training, meeting the reporting requirements
imposed by these standards, and other costs necessarily incurred in the day -to-
day management of the contract.
2. Public defense attorneys shall have an office that accommodates confidential
meetings with clients and receipt of mail, and adequate telephone services to
ensure prompt response to client contact.
Related Standards:
American Bar Association, Standards for Criminal Justice, Providing Defense Services.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, (1976), Guideline 3.4.
National Legal Aid and Defender Association, Standards for Defender Services, 1976 I-3, IV 2a-e, IV 5.
STANDARD SIX: Investigators
Standard:
1. Public defense attorneys shall use investigation services as appropriate.
2. Public defender offices, assigned counsel, and private law firms holding public
defense contracts should employ investigators with invest igation training and
experience. A minimum of one investigator should be employed for every four
attorneys.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-4.1 and 5-1.14.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.14.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-3.
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National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Standard III-9.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 8.
STANDARD SEVEN: Support Services
Standard:
Public defense attorneys shall have adequate numbers of investigators, secretaries,
word processing staff, paralegals, social work staff, mental health professionals and
other support services, including computer system staff and network administrators.
These professionals are essential to ensure the effective performance of defense
counsel during trial preparation, in the preparation of dispositional plans, and at
sentencing.
1. Legal Assistants - At least one full-time legal assistant should be employed for
every four attorneys. Fewer legal assistants may be necessary, however, if the
agency or attorney has access to word processing staff, or other additional staff
performing clerical work. Defenders should have a combination of technology
and personnel that will meet their needs.
2. Social Work Staff - Social work staff should be available to assist in developing
release, treatment, and dispositional alternatives.
3. Mental Health Professionals - Each agency or attorney should have access to
mental health professionals to perform mental health evaluations.
4. Investigation staff should be available as provided in Standard Six at a ratio of
one investigator for every four attorneys.
5. Each agency or attorney providing public defense services should have access
to adequate and competent interpreters to facilitate communication with non-
English speaking and hearing-impaired clients for attorneys, investigators, social
workers, and administrative staff.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-8.1 and 5-1.4.
National Advisory Committee on Criminal Justice Standards and Goals, Task Force on Courts, Standard
13.14.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Standard III-8.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 7.
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STANDARD EIGHT: Reports of Attorney Activity
Standard:
The legal representation plan shall require that the defense attorney or office maintain a
case-reporting and management information system which includes number and type of
cases, attorney hours and disposition. This information shall be provided regularly to the
Contracting Authority and shall also be made available to the Office of the Administrator
of the Courts. Any such system shall be maintained independently from client files so as
to disclose no privileged information.
A standardized voucher form shall be used by assigned counsel attorneys seeking
payment upon completion of a case. For attorneys under contract, payment should be
made monthly, or at times agreed to by the parties, without regard to the number of
cases closed in the period.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-3.3 (b) xii, The Report to the Criminal Justice
Section Council from the Criminal Justice Standards Committee, 1989.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984 Standard III-22.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, 1976, Guideline 3.4, 4.1, and 5.2.
STANDARD NINE: Training
Standard:
The legal representation plan shall require that attorneys providing public defense
services participate in regular training programs on criminal defense law, including a
minimum of seven hours of continuing legal education annua lly in areas relating to their
public defense practice.
In offices of more than seven attorneys, an orientation and training program for new
attorneys and legal interns should be held to inform them of office procedure and policy.
All attorneys should be required to attend regular in-house training programs on
developments in criminal law, criminal procedure and the forensic sciences.
Attorneys in civil commitment and dependency practices should attend training
programs in these areas. Offices should also develop manuals to inform new attorneys
of the rules and procedures of the courts within their jurisdiction.
Every attorney providing counsel to indigent accused should have the opportunity to
attend courses that foster trial advocacy skills and to revie w professional publications
and other media.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-1.4.
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National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.16.
National Legal Aid and Defender Association, Standards for Defender Services, Standard V.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contracts, 1984, Standard III-17.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 3.
National Legal Aid and Defender Association, Guidelines for the Appointment and Performance of
Counsel in Death Penalty Cases, 1988, Standard 9.1.
STANDARD TEN: Supervision
Standard:
Each agency or firm providing public defense services should provide one full -time
supervisor for every ten staff lawyers or one half -time supervisor for every five lawyers.
Supervisors should be chosen from among those lawyers in the office qualified under
these guidelines to try Class A felonies. Supervisors should serve on a rotating basis,
and except when supervising fewer than ten lawyers, should not carry caseloads.
Related Standards:
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.9.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contract, 1984, Standard III-16.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 4.
STANDARD ELEVEN: Monitoring and Evaluation of Attorneys
Standard:
The legal representation plan for provision of public defense services should establish a
procedure for systematic monitoring and evaluation of attorney performance based
upon publicized criteria. Supervision and evaluation efforts should include review of time
and caseload records, review and inspection of transcripts, in-court observations, and
periodic conferences.
Performance evaluations made by a supervising attorney should be supplemented by
comments from judges, prosecutors, other defense lawyers and clients. Attorneys
should be evaluated on their skill and effectiveness as criminal lawyers or as
dependency or civil commitment advocates.
Related Standards:
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Standard III-16.
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National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, 1976, Recommendations 5.4 and 5.5.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.9.
STANDARD TWELVE: Substitution of Counsel
Standard:
The attorney engaged by local government to provide public defense services should
not sub-contract with another firm or attorney to provide representation and should
remain directly involved in the provision of representation. If the contract is with a firm or
office, the contracting authority should request the names and experience levels of
those attorneys who will actually be providing the services, to ensure they meet
minimum qualifications. The employment agreement shall address the procedures for
continuing representation of clients upon the conclusion of the agreement. Alternate or
conflict counsel should be available for substitution in conflict situations at no cost to the
counsel declaring the conflict.
Related Standards:
American Bar Association, Standards for Criminal Justice, Standard 5-5.2.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline III-23.
STANDARD THIRTEEN: Limitations on Private Practice
Standard:
Private attorneys who provide public defense representation shall set limits on the
amount of privately retained work which can be accepted. These limits shall be based
on the percentage of a full-time caseload which the public defense cases represent.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-1.2(d), 5-3.2.
American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants
When Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal
Opinion 06-441. [Link]
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.7.
National Legal Aid and Defender Association, Standards for Defender Services, Standard III-3 and IV-1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contracts, 1984, Guideline III-6.
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STANDARD FOURTEEN: Qualifications of Attorneys
Standard:
1. In order to assure that indigent accused receive the effective assistance of
counsel to which they are constitutionally entitled, attorneys providing
defense services shall meet the following minimum professional
qualifications:
A. Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court; and
B. Be familiar with the statutes, court rules, constitutional provisions, and
case law relevant to their practice area; and
C. Be familiar with the Washington Rules of Professional Conduct; and
D. Be familiar with the Performance Guidelines for Criminal Defense
Representation approved by the Washington State Bar Association; and
E. Be familiar with the consequences of a conviction or adjudication,
including possible immigration consequences and the possibility of civil
commitment proceedings based on a criminal conviction; and
F. Be familiar with mental health issues and be able to identify the need to
obtain expert services; and
G. Complete seven hours of continuing legal education within each calendar
year in courses relating to their public defense practice.
2. Trial attorneys' qualifications according to severity or type of case:1
Death Penalty Representation. Each attorney acting as lead counsel in a criminal
case in which the death penalty has been or may be decreed and in which the
decision to seek the death penalty has not yet been made shall meet the
following requirements:
i. The minimum requirements set forth in Section 1; and
ii. At least five years criminal trial experience; and
iii. Have prior experience as lead counsel in no fewer than nine jury
trials of serious and complex cases which were tried to completion;
and
iv. Have served as lead or co-counsel in at least one aggravated
homicide case; and
1 Attorneys working toward qualification for a particular category of cases under this standard may
associate with lead counsel who is qualified under this standard for that category of cases.
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v. Have experience in preparation of mitigation packages in
aggravated homicide or persistent offender cases; and
vi. Have completed at least one death penalty defense seminar within
the previous two years; and
vii. Meet the requirements of SPRC 2.2
The defense team in a death penalty case should include, at a minim um, the two
attorneys appointed pursuant to SPRC 2, a mitigation specialist and an
investigator. Psychiatrists, psychologists and other experts and support
personnel should be added as needed.
A. Adult Felony Cases - Class A. Each attorney representing a defendant
accused of a Class A felony as defined in RCW 9A.20.020 shall meet the
following requirements:
i. Minimum requirements set forth in Section 1; and
ii. Either:
a. has served two years as a prosecutor; or
b. has served two years as a public defender; or two years in a
private criminal practice, and
iii. Has been trial counsel alone or with other trial counsel and handled
a significant portion of the trial in three felony cases that have been
submitted to a jury.
B. Adult Felony Cases - Class B Violent Offense. Each attorney representing
a defendant accused of a Class B violent offense as defined in RCW
9A.20.020 shall meet the following requirements:
i. The minimum requirements set forth in Section 1; and
2SPRC 2 APPOINTMENT OF COUNSEL
At least two lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain responsibility for
appointing counsel for trial. The Supreme Court shall appoint counsel for the direct appeal. Notwithstanding RAP 15.2(f) and (h), the
Supreme Court will determine all motions to withdraw as counsel on appeal.
A list of attorneys who meet the requirements of proficiency and experience, and who have demonstrated that they are learned in the
law of capital punishment by virtue of training or experience, and thus are qualified for appointment in death penalty trials and for
appeals will be recruited and maintained by a panel created by the Supreme Court. All counsel for trial and appeal must have
demonstrated the proficiency and commitment to quality representation which is appropriate to a capital case. Both counsel at trial
must have five years’ experience in the practice of criminal law be familiar with and experienced in the utilization of expert witnesses
and evidence, and not be presently serving as appointed counsel in another active trial level death penalty case. One counsel must be,
and both may be, qualified for appointment in capital trials on the list, unless circumstances exist such that it is in the defendant’s
interest to appoint otherwise qualified counsel learned in the law of capital punishment by virtue of training or experience. The trial
court shall make findings of fact if good cause is found for not appointing list counsel.
At least one counsel on appeal must have three years’ experience in the field of criminal appellate law and be learned in the law of
capital punishment by virtue of training or experience. In appointing counsel on appeal, the Supreme Court will consider the list, but
will have the final discretion in the appointment of counsel. [Link]
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ii. Either:
a. has served one year as prosecutor; or
b. has served one year as public defender; or one year in a
private criminal practice; and
iii. Has been trial counsel alone or with other counsel and handled a
significant portion of the trial in two Class C felony cases that have
been submitted to a jury.
C. Adult Sex Offense Cases. Each attorney representing a client in an adult
sex offense case shall meet the following requirements:
i. The minimum requirements set forth in Section 1 and Section 2(C);
and
ii. Been counsel alone of record in an adult or juvenile sex offense
case or shall be supervised by or consult with an attorney who has
experience representing juveniles or adults in sex offense cases.
D. Adult Felony Cases - All other Class B Felonies, Class C Felonies,
Probation or Parole Revocation. Each attorney representing a defendant
accused of a Class B felony not defined in Section 2(C) or (D) above or a
Class C felony, as defined in RCW 9A.20.020, or involved in a probation
or parole revocation hearing shall meet the following requirements:
i. The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a
private criminal practice; and
iii. Has been trial counsel alone or with other trial counsel and handled
a significant portion of the trial in two criminal cases that have been
submitted to a jury; and
iv. Each attorney shall be accompanied at his or her first felony trial by
a supervisor if available.
E. Persistent Offender (Life Without Possibility of Release) Representation.
Each attorney acting as lead counsel in a “two-strikes” or “three strikes”
case in which a conviction will result in a mandatory sentence of life in
prison without parole shall meet the following requirements:
RES.D Page 119 of 161
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i. The minimum requirements set forth in Section 13; and
ii. Have at least:
a. four years criminal trial experience; and
b. one year experience as a felony defense attorney; and
c. experience as lead counsel in at least one Class A felony
trial; and
d. experience as counsel in cases involving each of the
following:
(1) Mental health issues; and
(2) Sexual offenses, if the current offense or a prior
conviction that is one of the predicate cases resulting
in the possibility of life in prison without parole is a sex
offense; and
(3) Expert witnesses; and
(4) One year of appellate experience or demonstrated
legal writing ability.
F. Juvenile Cases - Class A. Each attorney representing a juvenile accused
of a Class A felony shall meet the following requirements:
i. The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; one year in a
private criminal practice; and
iii. Has been trial counsel alone of record in five Class B and C felony
trials; and
3 RCW 10.101.060 (1)(a)(iii) provides that counties receiving funding from the state Office of Public Defense under
that statute must require “attorneys who handle the most serious cases to meet specified qualifications as set forth in the
Washington state bar association endorsed standards for public defense services or participate in at least one case consultat ion
per case with office of public defense resource attorneys who are so qualified. The most serious cases include all cases of murder
in the first or second degree, persistent offender cases, and class A felonies.”
RES.D Page 120 of 161
-17-
iv. Each attorney shall be accompanied at his or her first juvenile trial
by a supervisor, if available.
G. Juvenile Cases - Classes B and C. Each attorney representing a juvenile
accused of a Class B or C felony shall meet the following requirements:
i. Minimum requirements set forth in Section 1; and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a
private criminal practice, and
iii. has been trial counsel alone in five misdemeanor cases brought to
a final resolution; and
iv. Each attorney shall be accompanied at his or her first juvenile trial
by a supervisor if available.
H. Juvenile Sex Offense cases. Each attorney representing a client in a
juvenile sex offense case shall meet the following requirements:
i. The minimum requirements set forth in Section 1 and Section 2(H);
and
ii. Been counsel alone of record in an adult or juvenile sex offense
case or shall be supervised by or consult with an attorney who has
experience representing juveniles or adults in sex offense cases.
I. Juvenile Status Offenses Cases. Each attorney representing a client in a
“Becca” matter shall meet the following requirements:
i. The minimum requirements as outlined in Section 1; and
ii. Either:
a. have represented clients in at least two similar cases under
the supervision of a more experienced attorney or completed
at least three hours of CLE training specific to “status
offense” cases; or
b. have participated in at least one consultation per case with a
more experienced attorney who is qualified under this
section.
J. Misdemeanor Cases. Each attorney representing a defendant involved in
a matter concerning a simple misdemeanor or gross misdemeanor or
RES.D Page 121 of 161
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condition of confinement, shall meet the requirements as outlined in
Section 1.
K. Dependency Cases. Each attorney representing a client in a dependency
matter shall meet the following requirements:
i. The minimum requirements as outlined in Section 1; and
ii. Attorneys handling termination hearings shall have six months
dependency experience or have significant experience in handling
complex litigation.
iii. Attorneys in dependency matters should be familiar with expert
services and treatment resources for substance abuse.
iv. Attorneys representing children in dependency matters should have
knowledge, training, experience, and ability in communicating
effectively with children, or have participated in at least one
consultation per case either with a state Office of Public Defense
resource attorney or other attorney qualified under this section.
L. Civil Commitment Cases. Each attorney representing a respondent shall
meet the following requirements:
i. Minimum requirements set forth in Section 1; and
ii. Each staff attorney shall be accompanied at his or her first 90 or
180 day commitment hearing by a supervisor; and
iii. Shall not represent a respondent in a 90 or 180 day commitment
hearing unless he or she has either:
a. served one year as a prosecutor, or
b. served one year as a public defender, or one year in a
private civil commitment practice, and
c. been trial counsel in five civil commitment initial hearings;
and
iv. Shall not represent a respondent in a jury trial unles s he or she has
conducted a felony jury trial as lead counsel; or been co -counsel
with a more experienced attorney in a 90 or 180 day commitment
hearing.
M. Sex Offender “Predator” Commitment Cases. Generally, there should be
two counsel on each sex offender commitment case. The lead counsel
shall meet the following requirements:
RES.D Page 122 of 161
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i. The minimum requirements set forth in Section 1; and
ii. Have at least:
a. Three years criminal trial experience; and
b. One year experience as a felony defense attorney or one
year experience as a criminal appeals attorney; and
c. Experience as lead counsel in at least one felony trial; and
d. Experience as counsel in cases involving each of the
following:
(1) Mental health issues; and
(2) Sexual offenses; and
(3) Expert witnesses; and
e. Familiarity with the Civil Rules; and
f. One year of appellate experience or demonstrated legal
writing ability.
Other counsel working on a sex offender commitment cases should meet
the Minimum Requirements in Section 1 and have either one year
experience as a public defender or significant experience in the
preparation of criminal cases, including legal research and writing and
training in trial advocacy.
N. Contempt of Court Cases. Each attorney representing a respondent shall
meet the following requirements:
i. Minimum requirements set forth in Section 1; and
ii. Each staff attorney shall be accompanied at his or her first three
contempt of court hearings by a supervisor or more experienced
attorney, or participate in at least one consultation per case with a
state Office of Public Defense resource attorney or other attorney
qualified in this area of practice.
O. Specialty Courts. Each attorney representing a client in a specialty court
(e.g., mental health court, drug diversion court, homelessness court) shall
meet the following requirements:
i. The minimum requirements set forth in Section 1; and
RES.D Page 123 of 161
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ii. The requirements set forth above for representation in the type of
practice involved in the specialty court (e.g., felony, misdemeanor,
juvenile); and
iii. Be familiar with mental health and substance ab use issues and
treatment alternatives.
3. Appellate Representation.
Each attorney who is counsel for a case on appeal to the Washington Supreme
Court or to the Washington Court of Appeals shall meet the following
requirements:
A. The minimum requirements as outlined in Section 1; and
B. Either:
i. has filed a brief with the Washington Supreme Court or any
Washington Court of Appeals in at least one criminal case within
the past two years; or
ii. has equivalent appellate experience, including filing appellate briefs
in other jurisdictions, at least one year as an appellate court or
federal court clerk, extensive trial level briefing or other comparable
work.
C. Attorneys with primary responsibility for handling a death penalty appeal
shall have at least five years' criminal experience, preferably including at
least one homicide trial and at least six appeals from felony convictions,
and meet the requirements of SPRC 2.
RALJ Misdemeanor Appeals to Superior Court: Each attorney who is counsel
alone for a case on appeal to the Superior Court from a Court of Limited
Jurisdiction should meet the minimum requirements as outlined in Section 1, and
have had significant training or experience in either criminal appeals, criminal
motions practice, extensive trial level briefing, clerking for an appellate judge, or
assisting a more experienced attorney in preparing and arguing an RALJ appeal.
4. Legal Interns.
A. Legal interns must meet the requirements set out in APR 9.
B. Legal interns shall receive training pursuant to APR 9 to inform them of
office procedure and policy Standard Nine, Training.
Related Standards:
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, Standard
13.15.
RES.D Page 124 of 161
-21-
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Public Defense
Contracts, 1984, Standard III-7.
National Legal Aid and Defender Association, Standards for the Appointment and Performance of
Counsel in Death Penalty Cases, 1987, Standard 5.1.
STANDARD FIFTEEN: Disposition of Client Complaints
Standard:
Each agency or firm or individual contract attorney providing public defense services
shall have a method to respond promptly to client complaints. Complaints should first be
directed to the attorney, firm or agency which provided represe ntation. If the client feels
that he or she has not received an adequate response, the contracting authority or
public defense administrator should designate a person or agency to evaluate the
legitimacy of complaints and to follow up meritorious ones. The complaining client
should be informed as to the disposition of his or her complaint within one week.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-5.1 and 4-5.2.
STANDARD SIXTEEN:
Cause for Termination of Defender Services and Removal of Attorney
Standard:
Contracts for indigent defense services shall include the grounds for termination of the
contract by the parties. Termination of a provider's contract should only be for good
cause. Termination for good cause shall include the failure of the attorney to render
adequate representation to clients; the willful disregard of the rights and best interests of
the client; and the willful disregard of the standards herein addressed.
Removal by the court of counsel from representation normally should not occur over the
objection of the attorney and the client.
Related Standards:
American Bar Association, Standards for Criminal Justice, Standard 5-1.3, 5-5.3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline III-5.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, 1976, Recommendations 2.12 and 2.14.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.8.
RES.D Page 125 of 161
-22-
STANDARD SEVENTEEN:
Non-Discrimination
Standard:
Neither the Contracting Authority, in its selection of an attorney, firm or agency to
provide public defense representation, nor the attorneys selected, in their hiring
practices or in their representation of clients, shall discriminate on the grounds of race,
color, religion, national origin, age, marital status, gender, sexual orientation or
disability. Both the contracting authority and the contractor shall comply with all federal,
state, and local non-discrimination requirements.
Related Standards:
American Bar Association, Standards for Criminal Justice, Providing Defense Services, Standard 5-3.1.
National Legal Aid and Defender Association, Standards for Defender Services, 1976, Standard III-8.
STANDARD EIGHTEEN:
Guidelines for Awarding Defense Contracts
Standard:
The county or city should award contracts for public defense services only after
determining that the attorney or firm chosen can meet accepted professional standards.
Under no circumstances should a contract be awarded on the basis of cost alone.
Attorneys or firms bidding for contracts must demonstrate their ability to meet these
standards.
Contracts should only be awarded to a) attorneys who have at least one year's criminal
trial experience in the jurisdiction covered by the contract (i.e., City and District Courts,
Superior Court or Juvenile Court), or b) to a firm where at least one attorney has one
year's trial experience.
City attorneys, county prosecutors, and law enforcement officers should not select the
attorneys who will provide indigent defense services.
Related Standards:
National Legal Aid and Defender Association, Guidelines for Negotiating and Awar ding Indigent Legal
Defense Contracts, 1984, Standard IV-3.
King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of
Defender Agencies, 1982, Statement of Purpose.
RES.D Page 126 of 161
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4850
Date:
August 16, 2012
Department:
Public Works
Attachments:
Resolution No. 4850
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4850.
Background Summary:
Resolution No. 4850 authorizes the Mayor to execute a Construction Loan Agreement
between the City of Auburn and the Washington State Public Works Trust Fund (PWTF)
Board for design and construction of the Well 1 Improvements Project (CP0915).
The loan amount is $3,325,000 with a 20 year term at an interest rate is 2.0%. The local
match is 5.0% ($175,000). If the project construction is completed within 4 years of the
Construction Loan Agreement execution date, the interest rate will be decreased by
0.25%. If the project construction is completed within 3 years of the Construction Loan
Agreement execution date, the interest rate will be by up to an additional 0.25 percent
(up to a total reduction of 0.50 percent).
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:August 20, 2012 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 127 of 161
RESOLUTION NO. 4 8 5 D
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONSTRUCTION LOAN
AGREEMENT BE7WEEN THE CITY OF AUBURN AND
THE WASHINGTON STATE PUBLIC WORKS TRUST
FUND BOARD RELATING TO THE WELL 1
IMPROVEMENTS PROJECT (CP0915)
WHEREAS, the City was awarded a Public Worics Trust Fund Loan in the
amount of $3,325,000 to assist in the design and construction of the Weil 1
Improvements Project(Project); and
WHEREAS, the City has qual ed for a 2.0 percent interest rate and a 20-
year term on the Public Works Trust Fund Loan; and
WHEREAS the interest rate may be reduced by 0.25 percent if the Project
construction is completed within four years of the loan agreement execution date;
and
WHEREAS the interest rate may be reduced by up to an additional 0.25
percent (up to a total reduction of 0.50 percent) if the Project cohstruction is
completed within three years of the loan agreement execution date; and
WHEREAS, it is in the best interest of the City to use this loan to finance the
Project and work towards prompt completion to take advarrtage of the poterrtial
interest rate reductions; and
WHEREAS, the Washington State Public Works Board requires the
execution of a Construction Loan P qreement to utilize these funds.
Resolution No.4850
August 16, 2 12
Page 1 of 3
RES.E Page 128 of 161
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Sect on 1. The Mayor is hereby authorized to execute a Construction Loan
Agreement between the City and Washington State I?ublic Works Tn st Fund
Board for design and construction of the Well 1 Improvemerrts Project in the total
amount not to exceed $3,325,000, in substantial conformity with the agreement
attached hereto, marked as Exhibit"A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation, and is additionally authorized to execute any necessary future
agreement amendments related to the Construction Loan Agreement, consistent
with the Project.
Seetion 3. That this Resolutian shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST
Danielle E. Daskam, City Clerk
Resolution No:4850
August 16, 2012
Page 2 of 3RES.E Page 129 of 161
APPROVED AS TO FORM:
Daniel B. Heid, City Attomey
Resolution No.4850
August 18; 2012
Page 3 of.3RES.E Page 130 of 161
RECENED
Washington State JUL Z 7 2p12
j Public Works Board
1011 Plum Street SE Qrya(p
Post Office Box 42525 Ribik Wyxla p pa
Q Olympia,Washington 985042525
July 26, 2012
Cynthia Lamothe
City of Auburn
25 West Main Street
Wffier Utility Engineer
Auburn, WA 98001-4998
RE.Loan Contract Number PC13-961-012
Dear Ms. Cynthia Lamothe:
Enclosed are two originals of your Construction Loan Contract. This Contract details the terms and
conditions that will govem the agreement between us. Please review the terms and conditions of the
Contract carefully We recommend consulting with you legal advisor before accepting this loan
offer
When you have obtained the appropriate original signatures (do not use signature stamps), retum
both original contrads and all the attachments to the Public Works Board office within 60 calendar
days of the cJate of this letter Failure to retum the contracts within this timeline may result in the
loan offer being withdrawn.
After the Contracts have been signed by the Board, one fully executed original along with
instructions for drawing funds will he mailed to you. We encourage you to store these and all
pertinerit documents associated with this project and loan offer in a file that is readily acoessible to
auditors for their periodic review
We look forward to working with you over the course of your successful public works project. If`you
have any questions about this Contract, please contact me at the below listed address.
Sin ere
Je H nckle
P B Staff
360) 725-3060
jeff.hinckle@commerce.wa.gov
Enclosures:
ATTACHMENT I: ATTORNEY'S CERTIFICATION
Fortn EZ1
Cfty of Aubum Page 1 Construction
PC13-961-012 7/26/2012 Public Works Board Contract
RES.E Page 131 of 161
Washington State
Public V orks Board
4 1011 Plum Street SE
Post Office Box 42525
A Olympia,Washington 985042525
Construction Loan Agreement between:
City of Auburn
and
Public Works Board
For:
Project Name: Well i Improvements Project.
Loan Number: PCf3-961-012
Loan Type: Construction
Execution/Start Date: Contract Execution Date
to be filled by tlie Public Works Board)
City of Auburn Page 3 Construction
PC13-961-012 7/25/2012 Public Works Board Contract
RES.E Page 132 of 161
DECIARA ONS
CLIENT INFORMATION
Legal Name: City of Aubum
Loan Number• PC13-961-012
Federal Tax Identification Number 916001228
State Wide Vendor Number 002069
PROJECT INFORAAATION
Project TiUe: Weli 1 Improvemenis Project
Project City Aubum
Project State: Washington
Project Zip Code: 98007 998
LOAN INFORMATION
Loan Amount: 3,325,000.00
Total Estimated Cost 3,500,000.00
Total Estimated Funding: 3,500,000.00
Local Match Percent: 5.00%
Loan Term: 20
Interest Rate: 2.00°/,
Payment Month:June 1`
Loan Reimbursement Start Date: 9HI2011
Time of Performance 60 months from Execution Date of this Contract to
Project Completion.
SPECIAL CONDITIONS GOVERNING THIS LOAN AGREEMENT
None.
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 operatlons. The Board grants the Contractor the right to issue
future bo ds and notes that constitute a Iien and charge on net revenue superio to the lien and
charge of this loan Contract This option may be used oniy if the entlre project is a domestic
water,sanitary sewer,storm sewer, or solid waste utility project.
City of Aubum Page 4 Construction
PC13-961-012 7/25/2012 Public Works Board Contract
RES.E Page 133 of 161
m.._. -_. _._.,_...
DECLARATION'(continued)
Loan Number PCi3-961-012
Project Title: Well 1 improvements Project
Scope of Work:
The City will make improvements to the existing 51 year old,well system to provide a safe and
reliabie water source. The project may includes a new well building, pump/motor assembly,
disinfection system, emergency power,telemetryfSCADA, electrical upgredes and drainage
improvements;transmission piping and mod cations to an existing eorrosion control treatment
facility to receive water from Well#1
Projeet activities include, but are not limited to,engineering, cuitural and historical resources
review,environmental review, permits, public involvement, bid documenffi, and construction that
allow the Jurisdiction to meet local,state, and federal standards and/or requirements as
applicable.
City of Auburn Page 5 Construction
PC13-961-012 7/25/2012 Public Works Board Contract
RES.E Page 134 of 161
City of Auburn Page 6 Construdion
PC13-961-012 7/25/2012 Public Works Board Contract
RES.E Page 135 of 161
CONTRACT FACE SHEEf
Contract Number• PC13-961-012
Washington State Department of Commerce
PUBLIC WORKS BOARD
CONSTRUCTION LOAN CONTRACT
1.Contrector 2.Contraetor poing Business As (optlonal)
City of Auburri N/A
25 West Main Street
Water Utility Engineer
Aubum, WA98001j1998
3. Contractor Representative 4.Public Works BoaM Representative
N/A
5. Contract Amount 6. Funding Souree 7 Contrect Start Date 8.Contract End Date
3,325,000.00 Federel: State: 0 Contract Execution Date June 1,2032
Other. WA.
9. Federal Funds (as appliwble) Federal Agency CFDA Number
N/A N/A N/A
10.Tax ID# 11. SWV#12. UBI# 73. DUNS#
916001228 SWV0002069-00
14. Contraet Purpose
Fund a project of a local govemment for the planning, acquisition, construction, repair, reconstruction,
replacement, rehabilitation, or improvement of streets and roads, bridges, drinking water systems, storinwater
s tems, sanita sewa e s stertis, and solid waste faoilities inctudin rec clin facilities.
The Board, defined as the Washington State Public Works Board, and Contrector acknowledge and accept the
terms of this ConVact and attachments and have executed this ConVact 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 tiy
this Contract and the following other dobuments incorporated by reference: Contract Terms and Conditions
includin Declarations Pa e; and Attachment I: Attorne 's Certification.
FO NT FOR PUBLIC WORKS BOARD
Sig/n ature John LaRocque, Executive Director
1'Pi'C - -°LW i S
Print Name Date
aYo r
Title APPROVED AS TO FORM ONLY
AU616`2012 This 1st Dav of Mav. 2012
Date Rob McKenna
AHomey General
Sionature on fife
Kathryn Wyatt
Assistant Attome General
City`of Aubum, Page 7 Construction
PC13-961-012 7/25l2012 Public WoAcs Board Contract
RES.E Page 136 of 161
PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM
TABLE OF CONTENTS
CONTRACT TITLE PAGE .... ... ...... ...2
DECLARATIONS....... .......3
CONTRACT FACE SHEET 5
TABLE OF CONTENTS. ... 6
SPECIAL TERMS AND CONDITIONS ... ... 11
11 Definidons 11
1.2 AuthoriN 11
1.3 p u pose 11
1 4 Order of Precedence. 11
1.5 S-year deferral for start-uo ystems. 11
1.6 Co netiAve Biddine Requirnments 12
1 7 Default in Renavment.12
1.$ Investrnent Grade Audit 12
1.9 Eljg ble ProjpM Costs and Local Matc6
12
1 10 Historiml and Cultural Resources 13
1 11 PerFormance Incentives 13
1 12 Project Comnletion Amendment and Cerdfied ProjeM Completlon Repor[. 14
1 13 Project Siens 14
1 14 Rate and Term of Loan 14
1 15 RCCaDture. 14
1 16 Reimbursement Procedures and Pavment 15
117 Rep yment. 16
118 Renorts. 16
1 19 Termination for Cause 16
1.20 Terminatian for Convenience 17
1.21 Time of Performance. 17
1.22 Soecial Conditions 17
1.23 -o tv_ 17
GENERAL TERMS AND CONDITIONS 18
2.1 DEFINITIONS. 18
2.2 ALLOWABLE COSTS 1$
2.3 ALL.WRITINCS GONTAINED HHREIN. 18
2.4 AMENDMENTS 18
2.5 AMERICANS WITH DISABIL[TIES ACT(ADAI OF 1990.PUBLIC LAW SO1-336.
ALSO REFERRED TO AS THE"ADA"28 CFR PART 35. 18
2.6 APPROVAL 18
2.7 ASSIGNMENT 18
2.8 ATTORNEYS'FEES. 19
2.9 A!lP1T 19
2.10 CODE REQJIIREMENTS. 20
2.11 CONFIDENTIALII'1'/SAFEGUARDiNG OF INFORMATION. 20
2.12 CONFORMANCE. 21
2.13 COPYRIGHT PROVISIOIYS 21
2.14 DISALLOWED COSTS. 21
2.15 DISPUTES 21
2.16 DUPLICATE PAYMENT 22
2.17 ETHICS NFLICTS OF INTEREST 22
City of Auburn Page 9 Construction
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RES.E Page 137 of 161
2.18 GOVERNING LAW AND VENUE. 22
2.19 INDEMNIFICATION 22
2.20 INDEDENDENT CAPACITY OF THE CONTRACTOR 22
2.21 INDUSTRIAL INSURANCE COVERAGE. 22
2.22 . 20
2.23 LICENSING.ACCREDITA7'[ON AND REGI57'RA770N. 23
2.24 LIMITATION OF AUTHORITY 23
2.25 LOCAL PllBLtC TRANSPORTATION COORDINATION. 23
2.26 NONCOMPLIANCE WITH NONDISCRIMINA770N LAWS. 24
2.27 24
2.2$ PREVAILING WAGE LAW 24
2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMiSSION 24
2.30 PUBLICI7'Y 24
2.31 jg 24
2.32 R . -ORD AI NAN - - 25
2.33 REGISTRATION WITH DEPARTMENT OF REVENUE 25
2.34 RIGHT OF INSPECTION 25
2.35 $ 25
2.36 $I],].'[y 25
2.37 SUBCONTRACI7NG. 25
2.38 SURVIVAL. 26
2.39 26
2.40 TERMINATION FOR CAUSE/SUSPENSION 26
2.41 TERMINATION FOR CONVENIENCE. 26
2.42 TERMINATION PROCEDURES 26
2.43 $. 27
City of Auburn Page 10 Construction
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RES.E Page 138 of 161
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
SPECIAL TERMS AND CONDITIONS
1.1 Definitions
As used throughout this Construction Loan Contract the following terms shall have the meaning set
forth below•
A. "ContracY'shall mean this Construction Loan Contract.
B. "Contractor" shall mean the local government identified on the Contract Face Sheet performing
service(s) .under this Contract and who is e Party to the Contract; and shall include all
employees and agents of the Contractor
C "The 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.
D "Declarations " and "Declared" shall refer to the project information, ioan terms and conditions
as stated on the Declarations Page of this Loan Contract, displayed withiri the contract in THIS
STYLE for easier identification.
1.2 Authoritv
Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public
Works Trust Fund construction loan for an approved public works project.
1.3 Pnrop,gg
TFfe Board and the Contractor have entered into this Contract to undertake a local public works
project that furthers the goals and objectives of the Washington State Public V1lorks Program. The
project will be undertaken by the Contractor and will include the activities described in the SCOPE
OF WORK shown on the Deolarations page. The project must be undertaken in accordance with
the loan terms and conditions, and all applicabie federal„state and Iocai laws and arciinences,
which by this reterence are incorporated into this Contract as though set forth fully herein.
1.4 Order of Precedence
In the event of an inconsistency in th s Contract, the inconsistency shall be resolved by giving
precedence in the following order
A. Applicable federal and state of Washington statutes and regulations.
B. Special Terms and Conditions including attachments.
C. General Terms and Conditions.
1.5 year deferral for ctart-yp,ystems
If the project financed by this contract s to develop a system to deliver previously unavailable
services, and revenue from those services is to repay the loan, the new system is eligible for a
deferral of loan payments for sixty (60) months after the Contract execution date.
City of Auburn Page 11 Construction
PC13-961-012 7/25/2012 Public Works Board Contract
RES.E Page 139 of 161
Interest accrues for the aforementioned sixty (60) months. The accrued interest only payment is
due June 1 of the 6th year of the loan term. Interest and principal payments are due bn June 1 of
the 7th year of the loah term.
1.6 Gomnedtive Biddine q+'r men c
The Contractor shall oomply with the provisions of RCW 43.155.060 regarding competitive bidding
requirements for projects assisted in whole or in part with money from tFie Publio Works Program.
1.7 Default in Rep yment
Loan repayments shall be made on the loan in accordance with Section 1 16 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 assessed on the entire payment amount. The penalty will be one
percent(1%) per month or twelve percent(12%) per annum. The same penalty terms shall apply
at project completion if the repayment of loan funds in excess of eligible costs are,not repaid at the
6me of the Project Completion Amendment is submitted, as provided for in Section 1 12:
The Contractor acknowledges and agrees to the Board's ight, upon delinquency in the payment of
any annual installment, to notify any other entity, credftors, or potential creditors of the Contrector of
such delinquency
The Contractor shall be responsible for all legal fees incurced by the Board in any action undertaken
to enforce its rights under this section.
1.8 Investrnent Grade Audit
For projects involving repair, replacement, or improvement of a wastewater treatment plant, or
other public works facility for which an investment grade audit is obtainable, Contractor must
undertake an investment grade audit.
Costs incurred as part of the investment grede audit are eligible project costs.
1.9 pble PrpjeM Costs
The Contractor pledges to vse an amount of matching funds as local project share at a percentage
not less than that shown on the Declarations Page as: LOCAL MATCH PERCENT, applied to the
total eligible portion of the project cost as identified in declared SCOPE OF WORK. State and
federal grants are not considered local matching funds. Expenditures on eligible project activities
incurred up to twelve (12) months prior to the execution of this Contract may be used as match for
local project share.
The amount of local funds used for the project will be verified and the percentage that this figure
represents of the total project cost will be calculated at project completion. If and to the extent the
actual percentage of local match exceeds the proposed match percentage, the loan amourrt and/or
the interest rate charged may be adjusted. At a minimum, the match provided cannot be less than
the original match pledged at the time of contract execution. The interest rate adjustment will apply
to the remaining payments beginning from the date the Project Completion report is certified. The
Contractor agrees to execute the Project Completion Amendment as an amendment to this
Contract adjusting the loan amount or interest rate, as appropriate.
Eiigible project costs must consist of expenditures eligible under Washington Administrative Code
WAC) 399-30-030 and be related only to project activities described in the declared SCOPE OF
WORK. Eligible costs for reimbursement shall be construed to mean expenditures inourretl and
paid, or incurred and payable within thirty (30) days of the reimbursement request. Only costs that
have been incurred on or after the LOAN REIMBURSEMENT S7ART DATE shown in the
Declarations are eligible for reimbursement under this Contract.
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The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for
projects assisted with Public Works Program loans.
These terms supersede the terms in Section 2.2. Allowable Costs.
1.10 Hi t ri 1 and .elte 1 Re oLrce
Prior to commencing construction, Contractor shall complete the requirements of Govemor's
Exeoutive Order OS-05, or, as a substitute for completion of Governor's Executive Order OS-05,
Contractor shall complete Section 106 of the National Historic Preservation Act. Contractbr agrees
that the ConVactor is legaily and financialiy responsible for compliance with all laws, regulations,
and agreements related to the preservation of historical or cultural artifacts and agrees to hold
harmless the Board and the State of Washington in retation to any claim related to such historical or
cuitural artifacts discovered, disturbed, or damaged as a result of the project funiied by this
Contract
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with
Govemor's Executive Order 05-05, coordinate with the Washington State Department of
Archaeology and Historic Preservation (DAHP), including any recommended consultation with any
affected tribe(s), during project design and prior to construction to determine the existence of any
Vibal cultural resources affected by the proposed project funded by this Contract Contractor
agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre=requisite
to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historicai and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at 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 DAHP and the concerned tribe's cultural
staff or committee.
The Contractor shall require this provision to be contained.in all sub-contrects for work or services
related to the declared SCOPE OF WORK.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW
27 44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resburces; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Greves; and,
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the Section 106 of the National Historic Preservation Act shall substitute for
completion of Govemor's Executive Order OS-05.
In the event that the Contractor finds it necessary.to amend the declared ScOPE OF v!/ORK, the
Contractor may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of
the National Historic Preservation Act.
1.11 Performance Incentives
The Contractor shall complete the project no later than sixty (60) months after the date of contract
execution.
Should the Contractor complete the project within forty-eight (48) months of the date of conVact
execution, the Contractor may choose one of the'two following incentives upon project completion:
Option A. The repayment period will be increased by iwenty-four(24) months, not to exceed
the life of the asset, OR:
Option B: The interest rate wiil be decreased by one-quarter of one percent(025%).
Should the Contractor complete the project within thirty-six(36) months of the date of contract
execution, the Contractor may choose one of the following two incentives upon project completion:
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Option C: The repayment period will be increased by si Ry (60) months, not to exceed the life
of the asset, OR;
Option D: The interest rate will be decreased by up to one-half of one percent(0.50%).
Once an option is setected, the Contract shall be modified to note the appropriate change and no
further adjustment to the Contract for Performance Incentives shall be authorized. Irrespective of
the pertomfance incentive chosen, at no point in time shall the minimum toan interest rate tie less
than 0.25%.
The calculation of interest rate and term adjustrnents will apply to the remaining payments
beginning from the date the Project Completion report is certified.
1.12 Project Comuledon Amendment and Certified Project Completion Report
The Contractor shall complete a Certified Project Completion Report when all activities
identified in the SCOPE OP WORK are complete. The Board will supply the Contractor with the
Certified Project CompleNon Report fortn,which shall include:
A. A certified statement that the project, as described in the declared SGOPE OF WORK, is
complete and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing
the project as described in the SCOPE OF WORK.
C. Certification that all costs associated with the project have been incurred and have been
accounted for Costs are incurred when goods and services are received and/or contract work
is performed.
D. A final voucher for the remaining eligibie funds.
The Contractor will submit the Certified Project Completion Report together with the last Invoice
Voucher for a sum not to exceed the balance of the loan amount. The final Invoice Voucher
payment shall not occur prior to the completion of all project activities identified in the SGOPE OF
WORK and the Board's receipt and acceptance of the Certified Project Comptetion Report.
The Project Completion Amendment shall serve as an amendment to this Contract determining the
final loan amount, local share, term, and interest rate.
1.13 Pro ect Siens
If the Contractor displays, during the period covered by this Contract, signs or markers identifying
those agencies participating financially in the approved project, the sign or marker must identify the
Washington State Public Works Trust Fund as a participant in the project.
1.14 Rate and Term of Loan
The Board shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the
Contract Face Sheet and declared on the Contract Declaratioris Page. The interest rete shall be
the declared INTEREST RATE per annum on the outstanding principal balance. The length of the
loan shall not exceed the dedared LOAN 7ERM in years, with the final payment due by the
CONTRACT END DATE as shown on the Contract Face Sheet.
1.15 Rec yture
The right of recapture shall exist for a period not to exceed six (6) years following contract
termination. In the event that the'Board is required to institute legal proceedings to enforce the
recapture provision, the Board shall be entitled to its costs thereof, including attorney's fees.
These terms supersede the terms in Section 2.31 Recapture.
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1.16 Reimbursement Procedures and P yment
If funding or appropriation is nbt available at ttie bme the invoice is submitted, ar when this contract
is executed, the issuance of warrants will tie delayed or suspended urrtil such time as funds or
appropriation become available. Therefore, subject to the availability of funds, warrants shall be
issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor.while
undertaking and administering approved project activities in accordance with the deciared SCOPE
OF WORK.
The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan
amount under this contract, as identified in Section 1 10. When requesting reimbursement for costs
incurred, the Contractor shall submit a signed and completed Invoice Voucher(Forin A19),
referencing the SCOPE oF WoRK project activity pertormed, and any appropriate documentation
such as bills, invoices, and receipts. The Invoice Voucfier must be certified by an official of the
Contractor with authority to bind the Contractor
Each Invoice 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 submitteii, as well as a
report of project status to date. The Board will not release payment for any reimbursement request
ived unless and until the Project Status Report is received. After approving the Invoice Voucher
and the Project Status Report, the Board shal promptly remit a warrant to the Contractor
Requests for reimbursements for costs related to construction activities wiil not be accepted until
the Contractor provides:
Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National
Historic Preservation Act, as described in Section 1 10, and
A signed Public Works Trust Fund Notice of Contract Award and Notice to Proceed, which
follows the formal award of a construction contrect.
The Contractor shall submit all Invoice Vouchers and all required documentation to:
ConVacts Administration Unit
Department of Commerce
PO Box 42525
Olympia, WA 98504-2525
The Board will pay the Contractor upon acceptance of the work pertormed and receipt of properly
obmpleted invoices. Invoices shall be submitted to the Board not more often than monthly
Payment shall be considered timely if made by the Board 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, terminate the contract or 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 contrect
shall be made by the Board.
Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by
another source for an eligibie project cost, then the Contractor shall not be reimbursed by the Board
for that cost.
Disailowed Costs. The Contractor is responsible for any audit exceptions or disalloweii costs
incurred by its own organization or that of its subcontractors.
In no event shall the total Public Works loan exceed 100% of the eligible actual project costs. At
the tirtie of project completion, the Contractor shall submit to the Board a Project Completion
Amendment certifying the total.actuat project costs and local share. The final Public Works loan
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disbursement shall bring the total loan to the lesser of 100%of the eligible project costs or the total
declared LOAN AMOUN7 The Project Completion Amendment shall serve as an amendment to
this Contrect detertnining the final loan amount, local share, and interest rate.
In the event that the final costs identified in the Project Completion Amendment indicate that the
Contractor has received Public Works Trust Fund monies in excess of 100.00°k of eligible costs, all
funds in excess of 100.00% shall be repaid to the Public Works Assistance Account by payment to
the Department of Commerce, or its successor, together with the submission of the Project
Completion Amendment.
1.17 $y
Loan repayment instailments are due on the day and morrth ident ed under the term: PAYMENT
fl09plIL{on the Declarations Page. Payments are due each year during the term of the loan
beginning one year from the date of contract execution. Interest only will be charged for this
payment if a warrant is issued prior to this date. All subsequent payments shall consist of principal
and accrued interest due on the specified PAYMEN7 MoNTH date of each year during the
remaining term of the loan.
Repayment of the loan under this ConVact shall include the declared INTEREST RATE per annum
based on a three hundred and sixty(360) day year of twelve(12)thirty (30)day months. Interest
will begin to accrue from the date each warrant is issued to the ConVactor The final payment shall
be on or before the CONTRACT END DATE shown on the Declaretions page, of an amount
su cient to bring the loan balance to zero.
I n the event that the Board approves the Contractor's request for a deferral as outlined in Section
1.5, then the first loan repayment is due sixty(60) months after conVact execution. Interest accrues
for the sixty (60) months after conVact execution. The accrued interest only will be charged for this
payment if a warrant is issued prior to this date. Inte2st and principal payments are due on the
declared PAYMENT MONTH date of each year during the remaining term of the loan. 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 wi l 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
1.18 Reports
The Contractor shall furnish the Board with:
A. Project Status Reports with each Invoice Voucher,
B. Project Reports at the end of each fiscal year
C. Certified Project Completion Report at project completion (as described in Section 1 12), and
D Other reports as the Board may require.
1.19 Termination for Cause
If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds
only for those activities identified in the SCOPE OF WORK, the Board may tertninate the ConVact in
whole or in part at any time. The Board shall notify the Contractor in writing of its determination to
terminate, the reason for such termination, and the effective date of the termination. Nothing in this
section shall affect the Contractor's obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Section 2.40 Termination for Cause/Suspensio.
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1.20 Terminatlon for Gonvenience
The Board may terminate this contract in the event that state funds are no longer available to the
Board, or are not appropriated for the purpose of ineeting the Board's obligations under this
contract. Termination will be effective when the Board sends written notice of termination to the
Contractor Nothing in this section shall affect the Contrector's obligation to repay the unpaid
balance of the loan.
These terms supersede the terms in Section 2.41 Termination for Convenience.
1.21 Time of Performance
No later than sixty(60) months after the date of contract execution the Contractor must reach
project completion.
Failure to meet Time of Perfortnance shall constitute default of this contrad. In the event of
extenuating circumstances,the Contractor may request, in writing, that the Board extend the
deadline for project completion. The Board may extend the deadline.
The term of this contract shall be for the entire term of the loan, regardless of actuai project
completion, unless tertninated sooner as provided herein.
1.22 Soecial Condidons
If SPECIAL CONDI7'IONS are listed on the Contract Deciarations Page then these conditions are
herein incorporated as part of the terms and requirements of this contract.
1.23 Loan Securitv
Loan Security payments shali be made as stated on the attached Deciarations Page, and identified
therein as LOAN SECURITY
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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. "Contrector' shall mean the entity ident ed on the face sheet performing service(s) under
this Contract, and shall indude all employees and agents of the Contractor
C. "BOARD"shall mean ttie Washington State Public Works Board created in Revised Code
of Washington (RCW)43.155.030, and which is a Party to the ConUact
D. "Personal Information" shall mean information identifiable to any person, including, but not
limited to, infortnation that relates to a person's name, health, finances, education,
business, use or receipt of govemmental services o other activiGes, addresses,telephone
numbers, social security numbers, driver license numbers, other identifying nuriibers, and
any financial identifiers.
E. '"State"shall mean the state of Washington.
F "Subcontractor'shall mean one not in the employment of the Contractor, who is pertorming
all or part of those services under this Contract under a separate contract with the
Contractor The terms"subcontracto'and "subcontractors" mean subcontractor(s) in any
tier
2.2 ALLOWABLE COSTS
Costs allowable under this Contrad are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
2.3 ALL WRITINGS CONTAINED HEREW
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.
2.4 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.
2.5 AMERICANS WITH DISABILITIES ACT(ADA1 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.
2.6 APPROVAL
This contract shall be subject to the written approvai of the Board's Authorized Representative and
shall not be binding until so approved. The contract may be aitered, amended, or waived only by a
written amendment executed by both parties.
2.7 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.
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2,8 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.
2.9 AUDIT
A. General Reaulrements
Contractors are to procure audit services based on the foilowing guidelines.
The Contractor shalb maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that Subcontractors also maintain auditable records.
The Contractor is responsibie for any audit exceptions incurred by its own organization or that
of its Subcontractors.
The Board reserves the right to recover from the Contractor ail disailowed 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); Govemment Auditing
Standards(the Revised Yellow Book) developed by the Comptroller Generel.
Responses to any unresolved management findirigs and.disallowed or questioned costs shall
be included with the audit report. The Contractor must respond to the Board's requests for
information or corrective action concerning audit issues within thirty(30) days of the date of
recjuest.
B. State Funds Reauirements
Contractors expending$100,000 or more in total state funds in a fiscal year must have a
financial audit as defined by Govemment Auditing Standards (The Revised Yellow Book)and
according to Generally Accepted Auditing Standards(GAAS). The Schedule of Stffie Financial
Assistance must be included. The schedule includes:
Grantor agency name
State program name
BARS account number
Grantor
Agency contract number
Contract award amount inGuding amendments(total grant award)
Beginning balance
Current year revenues
Curcent.year expenditures
Ending balance
Program total
If the Contractor is a state or local govemment entity, the Office of the State Auditor shall
conduct the audit. Audits of non-profit organizations are to be conducted by a cert ed public
accountant seiected by the Contractor
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
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C. Documentation Reauirements
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).to:
Departrnent of Commerce
ATTN: Audk Review and Resolution Office
PO Box42525
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) rrionth§of the audit being
received liy the Board.
Copy of the Management Letter
2.10 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. Complianoe with
the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the
local building Departrnent.
2.11 GONFIDENTLALITY/SAFEGUARDINC OF INFORNLn_TION
A. "Confidential Inforrnatioii"as used in Mis 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"confidentiai" by the Board; and
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 govemment services,
addresses, tetephone numbers; social securiiy number, driver's license number and other
identifying numbers, and "Protected Health Information" underthe federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shail comply with all state and federal taws 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, trensfer, sell or disolose 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 Infortnation 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 reawnably 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 cor idential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
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2.12 C.ONFORMANCE
If any provision of this conVact 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.
2.13 COPYRIGHT PROVISIONS
Unless otherwise provided, all Materiais produced under this ConVact 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 Contractorhereby 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 mbment 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 transter these rights.
For Materials that are delivered under the Contract; but that incarporate pre-existing materials not
produded under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-
free, irrevocable license(with rights to sublicense to bthers) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display The
Contractor warcants and represents that the ConVactor 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 reasonabie effort to advise the Board, at the time of delivery of
Materials fumished 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 performarice of this
Contract. The Contractor shall provide the Board witti prompt written notice of each notice or claim
of infringement received by the Contractor with respect'to any Materials delivered under this
ConVact. The Board shall have the nght to modify or remove any restrictive ma kings placed upon
the Materials by the Contractor
2.14 DISALLOWED COSTS
The ConVactor is responsible for any audit exceptions or disaliowed costs incurred'by its own
organization or that of its Subcontractors.
2.15 DISPUTES
Ezcepf as otherwise provided in this Contract, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, eRher party may request a dispute hearing with the Chair
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 Chair and the other party's(respondenYs) 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 Chair or the
Chair's designee and the requestor within five(5)working days.
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The Chair or designee shall review the written statements and reply in writing to both parties within
ten (10)woiicing days. The Chair or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasiyudicial 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
altemate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
2.16 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 souroe.
2.17 ,EfHIC[(:ONFLIGTS OF INTERESI'
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public
Service Act(Chapter 42.52 RCV1 and any other applicable state oc federal law related to ethics or
conflicts of inte2st.
2.18 GOVERNING LAW AND VENUE
This Contraot sliall be oonstrued 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
2.19 [NDEMNIFICATION
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 ConVaotor's obligation to indemnify, defend, and hold harmless incluiJes any claim by the
ContractoPS agents, employees, representatives, or any SubconVactor or its agents, employees, or
representatives.
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negiigence of the state or its agents, agencies, employees and officers.
Subcontracts shali include a comprehensive indemnification clause holding harmless the
Contractor, the Board, the state of Washington, its o cers, employees and authorized agents.
The Contractor waives its immuniry 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.
2.20 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 Bdard or of the state of Washington by reason hereof, nor will the
Contractor make ariy claim of,right, privilege or benefd which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor
2.21 INDUSTRIALINSURANCECOVERAGE
The Contractor shali 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 oc 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 ConVact, and transmit the deducted amount to the Department of Labor and
Industries, (L81) Division of Insurance Services. This provision does no4 waive any of L&I's rights to
collect from the Contractor
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2.22 J,AWS
The Contractor shall comply with all applicable laws, ordinances, codes; regulations and policies of
local and state and federal governments, as now or hereafter amended including, but not limited to:
Washinaton State L.aws and Reaulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of on-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 Housing assistance program, Chapter 43.185 RGW
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
1927A RCW, and Provisions in buildings for aged and handicapped persons, Chapter
70.92 RCW
Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and
Environmental Assistance Program, Washington State Department of Ecology
R. State environmental policy, Chapter 43.21 C RCW
S. SWte Executive Order 05-05 Archeological and Cultural Resources.
2.23 !IGENSING AGGREDITATION AND REGISTRATION
The Contracto shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Coniract.
2.24 LIMITA710N 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, br apparent authority to
alter, amend, modify, or waive any clause or condition of this Contract.
2.25 LOCAL PUBUC TRANSPORTATION COORDINATION
Where applicabie, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
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2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federai, state, and
local nondiscrimination laws, regulations and policies. In the event of the Contractor's non,
compliance or refusal to comply with any nondiscrimination_Isw, regulation or policy, this contred
may be rescinded, canceled or terminated in whoie or in part, and the Contractor may be declared
ineligible for further contraats 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.
2.27 pOLITICAL ACTMTIES
P.olitical 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.
2.28 PREVAILING WAGE LAW
The Contracto oertifies that all contractors and subconVactors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the
Project funded by this contract, including but not limitetl,to the filing of the"Statement of Intent to
Pay Prevailing Wages"and"Affidavit of Wages Paid"as required tiy 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.
2.29 PROHBITION AGA[NST 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 ConVact provided, however, thatreasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibRed if otherwise eligible as project costs.
2.30 PUBLICI77'
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 impiied,without the
prior written consent of the Board.
2.31 RECAPTURH
In the event that the Contractor fails to pertorm 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. Iri the altemative, the Board may recapture such funds from
payments due under this contract.
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232 REGORDCMAINTENANGE
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 sufficientiy and properly refleci 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 foltowing the date of final payment.
If any litigation, daim or audft is started before the expiretion of the six(6)year period, the records
shall be retained until all litigffiion, claims, or audit findings involving the records have been finally
resolved.
2.33 REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department
of Revenue.
2.34 RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Contract shall
be subject at all reasonable tlmes 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 ConVactor shall provide
access to its facilities for this purpose.
2.35 $$
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"Tertnination for Convenience"ciause, without the ten business
day notice requirement. In lieu of termination, the Contract may be amended to reflect the new
funding limitations and conditions.
2.36 SEVERABiLI7'1'
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 Contract are declared to
be severable.
2.37 SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contrect if it obtains the prior
written approval of the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to
subconVacting, as well as copies of aIl 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 subcontrect.
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 Co tractor'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.
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2.38 SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
irrtended to sunrive the completion of the performance, cancellation or termination of this Contract
shall so survive.
2.39 $
All payments accrued on account of payroll taxes, unemployment contributions, the Contractors
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall
be the sole responsibility of the Contractor
2.40 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 ttie notice.
In the alternative, the Board upon written notice may aliow the Contracto 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 resVict the Contractbr's right
to pertorm duties under this Contract. Failure by the Contractor to take timely corrective action
shall allow the Board to tertninate 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).
2.41 TERMINATION FOR CONVENIENCE
Except as othervvise 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 shali 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.
2.42 TERMINATION PROCEDURES
After receipt of a notice oT 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 faciiities related to the
Contract;.
C. Assign to the State 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,potentiai loss or
liability resuiting 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 othervuise provided under law
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2.43
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 tertns of this Contract unless
stated to be such in writing and signed by Authorized Representative of the Board
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ATTACHMENT I: ATTORNEY'S CERTIFICATION
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
City of Auburn
PC13-961-012
I,1 ,[,Q V ( it 'YY hereby certify
I am an attomey at law admitted to practice in the 8tate of Washington and the duly appointed
attomey of the Contractor identfied 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 Corrtract,
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 1Nashington, empowered to receive and expend federal, state and Jocal funds, to
contrad 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 Public Works Trust Fund financial assistance
and to provide for repayment of the loan as set forth in the Contract.
3. There is currentiy no litigation in existence seeking to enjoin the commencement or
completion of the above-described public facilities-project or to enjoin the Contrador from
repaying the Public Works Trust 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 Contract.
4 Assumption of this obligation would not exceed statutory and administretive rule debt
limitations ap licable to the Contractor
f 1-
Sign re of Att Date
Nam
lJ.I/d- I lT 2L
Z e' S' f kti U/- r o (
Address
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Washington State
r i Public Worlcs Board
1011 Plum SVeet 3E
Post Office Box 42525
Olympia,Washington 98504-2525
Construction Loan Agreement between:
City of Auburn
and
Public Works Board
For:
Project Name: Well 1 Imp'rovements Project
Loan Number• PC13-961-012
Loan Type. Construction
Ezecution/Start Date: Contraet Execution Date
to be filled by the Public Works Board)
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DECLARATI NS
CUENT INFORMATION
Legal Name: City of Aubum
Loan Number• PC73-961-012
Federal Tax Identification Number 916001228
State Wide Vendor Number 002069
PROJECTINFORMATION
Project Title: Well 1 Improvements Project
Project City Aubum
Project State: Washington
Project Zip Code: 98001-4998
LOAN INFORMATION
Loan Amount: 3,325,000.00
Total Estimated Cost 53,500,000.00
Total Estimated Funding: 3,500,000.00
Local Match Percent: 5.00%
Loan Term: 20
Interest Rate: 2.00°/,
Payment Month:June 1
Loan Reimbursement Start Date: 9H/2011
Time of Performance 60 months from Execution Date of this Contract to
Project Completion.
SPECIAL CONDITIONS GOVERNING THIS LOAN AGREEMENT
None.
LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT
This loan is a revenue obligation of the Contractor payabie soiely 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 obtigations of the utility
having a iien 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 toan Contract This optfo may be used only if the entire project is a domestic
water,sanitary sewer,storm sewer, or solid waste utility project.
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I_DECLARATION (eontinued) .._'-_--.__ J
Loan Number PC13-961-012
Project Titie: Well 1 Improvements Project
Scope of Work:
The City will make improvements to the existing 51 year old well system to provide a safe and
reliabie water source. The project may includes a new well building, pump/motor assembly,
disinfection system,emergency power,telemetrylSCADA, electricai upgrades and drainage
imprbvements;transmission piping and mod cations to an existing eorrosion controi treatment
facility to receive water from Well#1
Project activities include, but are not limited to,engineering, cultural and historical resources
review,environmental review, permits, public involvement, bid documents,and construction that
allow ttie Jurisdiction to meet local,state,and federal standards and/or requirements as
applicable.
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