HomeMy WebLinkAbout07-18-2011 Council Agenda
City Council Meeting
July 18, 2011 - 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. Police Promotions
Mayor Lewis and Police Chief Lee to announce the following promotions:
Commander Dave Colgazier promoted to Commander on June 27, 2011
Sergeant James Frith promoted to Sergeant on June 16, 2011
Sergeant Jon Thornton promoted to Sergeant on June 27, 2011
D. Agenda Modifications
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing is scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C. Correspondence
There is no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
1. July 11, 2011 Minutes* (Peloza)
B. Planning & Community Development
1. July 11, 2011 Minutes* (Norman)
C. Public Works
1. July 5, 2011 Minutes* (Wagner)
D. Finance
1. July 5, 2011 Minutes* (Backus)
E. Les Gove Community Campus
F. Downtown Redevelopment
1. July 12, 2011 Minutes* (Norman)
G. Council Operations Committee
IV. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on state, regional and local organizations.
A. From the Council
B. From the Mayor
V. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the July 5, 2011 City Council Meeting*
B. Claims Vouchers (Backus/Coleman)
Claims check numbers 405862 through 406214 in the amount of $4,144,635.45
and four wire transfers in the amount of $160,492.61 and dated this 18th day of
July, 2011.
C. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 531714 through 531827 in the amount of $878,798.55 and
electronic deposit transmissions in the amount of $1,151,233.56 for a grand total of
$2,030,032.11 for the period covering June 30, 2011 to July 13, 2011.
D. Public Works Project No. CP1008* (Wagner/Dowdy)
City Council grant permission to enter into Amendment No. 1 to Consultant
Agreement No. AG-C-402 with KPFF Consulting Engineers for Engineering
Services for Project No. CP1008, Bridge Load Rating Project
(ACTION REQUESTED: City Council approve the Consent Agenda.)
VI. UNFINISHED BUSINESS
There is no unfinished business.
VII. NEW BUSINESS
There is no new business.
VIII. ORDINANCES
A. Ordinance No. 6362* (Backus/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Ordinance No. 6339, the 2011-2012 Biennial Budget ordinance as amended by
Ordinance No. 6351 and Ordinance No. 6352 authorizing amendment to the City of
Auburn 2011-2012 Budget as set forth in Schedule "A"
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6362.)
IX. RESOLUTIONS
A. Resolution No. 4726* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to negotiate and execute an agreement with Burlington Northern Santa Fe
Railway Company (BNSF) for the purpose of constructing and maintaining the M
Street SE Underpass Project (C201A)
(ACTION REQUESTED: City Council adopt Resolution No. 4726.)
B. Resolution No. 4727* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to accept a grant from the Washington State Department of Transportation
for safe routes to school improvements at Hazelwood Elementary, Lea Hill
Elementary and Rainier Middle Schools
(ACTION REQUESTED: City Council adopt Resolution No. 4727.)
C. Resolution No. 4728* (Backus/Heid)
A Resolution of the City Council of the City of Auburn, Washington, supporting the
King County Veterans and Human Services Levy
(ACTION REQUESTED: After providing an opportunity for opposing views from the
audience, City Council adopt Resolution No. 4728.)
X. 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.
AGENDA BILL APPROVAL FORM
Agenda Subject:
July 11, 2011 Minutes
Date:
July 12, 2011
Department:
Police
Attachments:
Municipal Services Minutes for July 11,
2011
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
For Information Only
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:July 18, 2011 Item Number:MS.0
AUBURN * MORE THAN YOU IMAGINEDMS.0
Page 1
MUNICIPAL SERVICES COMMITTEE
July 11, 2011
__
AGENDA
I. CALL TO ORDER 3:30 PM, AUBURN CITY HALL, 25 W. MAIN STREET,
CONFERENCE ROOM NO. 3, 2ND FLOOR
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 on
the second floor of City Hall, 25 West Main Street, Auburn WA. Members
present: Chair Bill Peloza, Member John Partridge. Members absent :
(excused): Vice Chair Sue Singer. Councilmember Wagner attended for Vice
Chair Singer. Staff present: Mayor Pete Lewis, Police Chief Bob Lee, Finance
Director Shelley Coleman, City Attorney Dan Heid, Solid Waste & Recycling
Coordinator Joan Nelson, Utilities/Accounting Services Manager Mark Gregg,
Director of HR and Risk Management Brenda Heineman, Facilities Manager Lisa
Torres, Traffic Engineer Pablo Para, Contract Resource Conservation Manager
Deke Jones, Project/Construction Manager Steve Burke, Financial Planning
Manager Martin Chaw, Police Commander Dave Colglazier, Assistant Public
Works Director Dennis Selle, Police Secretary/Scribe Kathy Emmert. Others
present: Council Member Virginia Haugen, citizens Wayne Osborne, Lyle
McMullen and Gene McMullen, and Auburn Reporter representative Robert
Whale.
II. AGENDA MODIFICATIONS
III. CONSENT ITEMS
A. Approval of Minutes of the June 27, 2011 Municipal Services
Committee Meeting
Member Partridge moved to accept the Minutes as presented.
Councilmember Wagner seconded. Chair Peloza concurred.
MOTION CARRIED: 3-0
IV. ORDINANCES AND RESOLUTIONS (Action Items)
V. INFORMATION / DISCUSSION ITEMS
A. Animal Control & Rescue (Heineman)
Director Heineman presented a handout outlining the estimated refund to
be expected from King County related to Animal Services expenses.
There are some figures in contention at the present time and as more
accurate information becomes available it will be presented.
MS.0
Municipal Services Minutes July 11, 2011
Page 2
Director Heineman also updated the progress with the Task Force of local
veterinarians working with the City to develop a shelter in anticipation of
the King County services being discontinued in 2012. There are several
items to be ironed out and a face to face meeting is anticipated in the near
future.
B. Shared Resource Conservation Program* (Heineman)
Director Heineman introduced Deke Jones the Contract Resource
Conservation Manager who is shared between Auburn and Federal Way.
Mr. Jones discussed the charts and graphs included in the packet
indicating Auburn had more than achieved its goal for the first year under
this three year grant program. It is anticipated with the additional steps to
be implemented in the coming year additional savings will be realized by
the City. Mr. Jones works closely with the facilities and other staff to
identify areas where the City can achieve additional and significant
savings and to develop programs which are then implemented to both
educate and adjust behavior of employees in order to achieve the savings
C. Ordinance No. 6362 * (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance
as amended by Ordinance No. 6351 and Ordinance No. 6352 authorizing
amendment to the City of Auburn 2011-2012 Budget as set forth in
Schedule “A”
The Committee supports Ordinance No. 6362 which is to be amended to
include a $400,000.00 transfer from the Cumulative Reserve Fund to the
Golf Course Fund.
D. Ordinance No. 6367* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Chapter 8.08 of the Auburn City Code relating to solid waste
The Committee supports Ordinance No. 6367 adjusting the City Code to
correlate to the new Waste Management Contract effective October 1,
2011.
E. Parking Space Identification-Demarkation (Heid)
This topic was requested as it relates to a specific situation and the
passage of a recent Ordinance. Given that the Ordinance is so new and
steps have been taken to address the specific situation, the topic will be
brought up again at the July 25, 2011 meeting with an update as to the
success of the implementation of the new Ordinance.
MS.0
Municipal Services Minutes July 11, 2011
Page 3
F. Speed Limits – Alleyways (Heid)
Concern has been expressed regarding the speed which vehicles can
legally progress through an alley. Currently, it is 25 miles per hour unless
otherwise posted. It was requested that consideration be given to a 10
miles per hour limit for alleyways unless otherwise posted. This topic will
be rescheduled for the July 25, 2011 meeting.
G. Redlight Photo Signage (Lee)
This topic pulled from agenda and moved to the July 25, 2011 meeting
with Director Dowdy responsible for topic.
H. Police Department K9 Unit (Lee)
Commander Colglazier whose duties include being the K9 Commander for
the Police Department discussed the 3 dogs currently owned by the
department (2 generalists and 1 narcotic dog). Among the comments he
addressed basic costs associated with the dogs (initial purchase price,
equipment, food and vet expenses). Member Partridge questioned the
use of a veterinary hospital outside of Auburn. It was explained that the
expertise of the staff, references from K9 units in other departments and
the level of care available 24/7/365 were the primary considerations.
I. Matrix*
The Matrix has been amended to reflect all dates for quarterly reports as
October 24, 2011. (Items7P, 10P, 27P, 29P, 2I)
VI. ADJOURN
The meeting adjourned at 5:08 p.m.
Signed this ____ day of July, 2011
___________________________________ _________________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
MS.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
July 11, 2011 Minutes
Date:
July 14, 2011
Department:
Planning and Development
Attachments:
July 11, 2011 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Information Only
Background Summary:
Reviewed by Council Committees:
Councilmember:Norman Staff:
Meeting Date:July 18, 2011 Item Number:PCD.0
AUBURN * MORE THAN YOU IMAGINEDPCD.0
DRAFT
PLANNING & COMMUNITY
DEVELOPMENT COMMITTEE
July 11, 2011
MINUTES
I. CALL TO ORDER
Chair Lynn Norman called the meeting to order at 5:12 p.m. in Annex Conference Room
2 located on the second floor of One Main Building, 1 East Main Street, Auburn, WA.
Committee members present were: Chair Lynn Norman and Member John Partridge.
Committee members excused: Vice Chair Nancy Backus
Staff members present included: Mayor Pete Lewis, Planning & Development Director
Kevin Snyder, Planning Manager Elizabeth Chamberlain, Finance Director Shelley
Coleman, City Engineer Dennis Selle, Economic Development Manager Doug Lein,
Economic Development Planner Bill Thomas and Planning and Community
Development Secretary Tina Kriss.
Audience members present: Robert Whale of the Auburn Reporter, Wayne Osborne,
and Kathleen Keator of The Auburn Downtown Association.
II. ANNOUNCEMENTS AND AGENDA MODIFICATIONS
There were no announcements or agenda modifications
III. CONSENT AGENDA
A. June 27, 2011
Member Partridge moved and Chair Norman seconded to approve the Consent Agenda
as presented.
MOTION CARRIED UNANIMOUSLY 2-0
IV. ACTION
There were no action items to bring before Committee
V. DISCUSSION and INFORMATION
A. Ordinance No. 6362 – Budget Amendment No. 3
Finance Director Shelley Coleman provided the staff report for Ordinance No. 6362.
The beginning 2011 fund balances are adjusted to reflect the actual 2010 year end
balances.
Committee and staff discussed the budget amendment. Director Coleman pointed
out both Finance and Municipal Services Committees have recommended an
interfund transfer from the Cumulative Reserve Fund (#122) to the Golf Course Fund
(#437) of $400,000.00 in order to meet the debt service payment obligation. Director
Coleman stated the Golf Course fund is not expected to achieve projected revenues
PCD.0
Planning and Community Development Committee Minutes July 11, 2011
Page 2
further depleting the fund. These recommendations will be brought forward in the
final budget approval and discussed with Committee.
In response to a question by Chair Norman, if a holistic overview is in place for the
Golf Course, Director Coleman stated individuals in the field are looking at future
revenue projections. Director Coleman emphasized shortf alls are not exclusive to
Auburn; Tukwila and other courses are facing similar circumstances.
Chair Norman stated it may be a trend and would be beneficial to prepare for future
revenue shortfalls.
B. Economic Development Update
Economic Development Manager Doug Lein provided a PowerPoint presentation to
update the Committee on the activities of the economic development team. Manager
Lein reviewed the economic development vision and past plans, goals, and efforts.
Staff reviewed organization efforts and current status to understand the business
community, develop partner relationships, and create a new master business plan.
Team goals for 2011 are to establish target markets, business assistance education
programming, finish the City economic development website and social media sites,
and have the marketing plan implemented and complete the business plan.
Committee emphasized the importance of not only recruitment as a goal but
retention. Manager Lein stated the classes and education programs have been
started in an effort to focus on retention. Economic staff will also be available to new
business applicants and potential business applicants to assist and inform them.
Committee and staff agreed that providing customer service and individual care of
current business owners will encourage businesses to stay in within the City and
increase retention.
C. Comprehensive Downtown Parking Management Plan
Planning & Development Director Kevin Snyder reviewed the draft scope of work for
the Comprehensive Downtown Parking Management Plan. The goal for the plan is to
provide policy direction and practical, operational implementation.
Committee stated the draft work plan is thorough and timeframes are appropriate.
Chair Norman stated a comprehensive plan for downtown parking has not been done
completely for years. It will take time to make decisions, obtain information, and
determine the needs of all stakeholders. Chair Norman thought the timeline was
reasonable given the scope of work. Director Snyder stated it would be looked at in
increments of no more than 5 years.
Member Partridge would like any issues discovered along the way resolved if
possible to quickly meet the needs of stakeholders. Staff emphasized the need to
keep the public informed and identify short and long term goals that staff, Committee,
and Council can solve today and into the future.
Committee wants to discuss parking time limitations, monitoring, and the
management of outreach for the public at a future meeting. Committee agrees the
Downtown Urban Center should be the focus of the study from the perspective of the
residents, business owners, employees and customers.
PCD.0
Planning and Community Development Committee Minutes July 11, 2011
Page 3
Downtown parking has been added to the PCDC Matrix to be discussed on an
ongoing basis.
D. Auburn Way South Visual Preference Survey
Planning Manager Elizabeth Chamberlain lead the Committee through a visual
preference survey exercise for the streetscape of Auburn W ay South. Committee
previously directed staff to work on initial policy development as part of the 2011
Annual Comprehensive Plan to set the stage for future sub-area planning efforts to
develop the 6 Economic Development Strategy areas for Population and
Employment.
The starting point would be at Highway 18, the 6th Street area working down to M
Street. A stopping point will be discussed at a future meeting. Committee sees this
as a revitalization opportunity for existing businesses and neighborhoods as well as
an economic tool.
In answering the question by Committee, if the goal would be to move traffic or
provide safer, usable pedestrian traffic, City Engineer Dennis Selle answered, if the
City provides future enhanced changes to Auburn Way South with growth in
economic viability pedestrian traffic will increase and require more capacity.
Committee provided the following feedback:
1. Auburn Way South- Street Corridor:
a. Chair Norman’s likes elements of photos 1, 4, and 5. Chair Norman
noted the importance of increasing pedestrian usage, improving Auburn
Way South pedestrian crossing safety and making it an overall pedestrian
friendly corridor. Chair Norman expressed if a median strip is chosen the
City be able to adequately maintain it.
b. Member Partridge has a preference for elements in photos 2 and 6 likes
the professional look of number 6.
2. Auburn Way South Access/Sidewalk:
a. Committee would like to create a pedestrian friendly wider sidewalk
where available with a minimum of 7.5 feet and create the illusion of
larger sidewalks.
b. Committee would like to explore public art.
Director Snyder noted sidewalks on Auburn Way have varying setbacks and width
due to variations in the meandering right of ways. Committee discussed how to
make a walkable community on the corridor, how to cross Auburn Way South safely
and enhance the linier connection of the corridor to enhance the pedestrian
relationship.
3. Street Lighting:
a. Committee would like similar lighting used in the Plaza and Promenade
with basket and banner options to extend the Main Street theme.
4. Public Art:
a. Chair Norman is supportive of all types of public art (benches, stand
alone pieces and integrated public art). Adding plaques to buildings,
PCD.0
Planning and Community Development Committee Minutes July 11, 2011
Page 4
sidewalks and benches could be a way to bring forward historic
preservation for people, places, and buildings.
b. White River Museum could collaborate on historic elements.
c. White River bed could be a theme used for the corridor or art.
5. In order to guide future redevelopment and policy development as part of the
2011 Annual Comprehensive Plan Amendments what does the Committee
want to see:
a. Multi-story structures
b. Housing with shopping and support services in close proximity
c. Multi-family housing
d. Increasing building height
e. Poll signs and monument signs (future discussion to create clear,
organized sign elements)
f. Buildings located at back of sidewalk and close to the street
g. Individual surface parking lots and possible shared parking (future
discussion on benefits and obstacles for shared parking)
E. Director’s Report
No director’s report was presented
F. PCDC Status Report
No substantial changes were made to the matrix
VI. ADJOURNMENT
There being no further business to come before the Planning and Community
Development Committee, Chair Norman adjourned the meeting at 7:11 p.m.
APPROVED THIS ________ DAY OF ______________.
Lynn Norman, Chair Tina Kriss, Planning and Development
Secretary
PCD.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
July 5, 2011 Minutes
Date:
July 13, 2011
Department:
Public Works
Attachments:
July 5, 2011 Minutes
Budget Impact:
$0
Administrative Recommendation:
Information only.
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:July 18, 2011 Item Number:PW.0
AUBURN * MORE THAN YOU IMAGINEDPW.0
Public Works Committee
July 5, 2011 - 3:30 PM
Annex Room 2
MINUTES
I.CALL TO ORDER
A.Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Haugen were
present. Also present during the meeting were: Mayor Pete B. Lewis,
Councilmember John Partridge, City Engineer/Assistant Director Dennis Selle,
Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Maintenance
and Operations Engineer Randy Bailey, Traffic Engineer Pablo Para,
Transportation Planner Joe Welsh, Project Engineer Robert Lee, Street Systems
Engineer Seth Wickstrom, Project Engineer Leah Dunsdon, Project Engineer
Jacob Sweeting, Storm Drainage Engineer Tim Carlaw, Finance Director Shelley
Coleman, and Public Works Secretary Jennifer Rigsby.
Members of the public in attendance included: Wayne Osborne and Largo Wales.
B.Announcements
C.Agenda Modifications
There were no agenda modifications.
II.CONSENT AGENDA
A.Approval of Minutes (Dowdy)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve the Public Works Committee Meeting minutes for
date, June 20, 2011.
Motion Carried Unanimously. 3-0.
B.Right-of-Way Use Permit No. 11-10 (Welsh)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve Right-of-Way Use Permit No. 11-10 for the Rottle’s
Annual Sidewalk Sale.
Transportation Planner Welsh stated that the applicant, Rottle’s Department
Store, has requested to use the B Street Plaza, between E Main Street and the
Safeway parking lot, for their annual sidewalk sale to be held on July 22-24,
2011. The street will not be closed and traffic will not be impacted.
Page 1 of 11
PW.0
Motion Carried Unanimously. 3-0.
C.Public Works Project No. CP1108 (Lee)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City Council
grant permission to advertise for bids for Project No. CP1108, City Wide Storm
Pond Cleaning.
Project Engineer Lee stated that the scope of the project includes cleaning of
storm detention ponds which is over and above the level of maintenance normally
provided by the City. Chairman Wagner asked if the project is included in the
budget. Lee answered that it is within the proposed storm drainage repair and
replacement program budget for 2011.
Chairman Wagner asked how often the storm ponds require this more intensive
maintenance. Assistant Director/City Engineer Selle answered that it depends on
how much silt build up there is and this is the first time this type of maintenance
has been performed on these proposed facilities since they were constructed.
Chairman Wagner asked if the bids are based on the cubic feet of sediment that
needs to be removed or square footage of the pond. Project Engineer Lee said
that the cost is based on the amount of sediment that needs to be removed and
the overall area of the facility, including mowing the outer and inner areas of the
pond.
Motion Carried Unanimously. 3-0.
D.Public Works Project No. CP0803 (Dunsdon)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City Council
grant permission to advertise for bids for Project CP0803 – 37th Street SE/R
Street SE Pedestrian Connector.
Project Engineer Dunsdon explained that the original grant was not initially
intended to be used for Project No. CP0803, but was transferred to this project
when the original project encountered scope problems. Staff had anticipated that
additional funding would be needed for this trail project, in response to a question
asked by Chairman Wagner.
Dunsdon stated that pervious pavement is being used in the project and there is
replacement of fencing and new lighting included in the scope of the project,
which add to the costs of the project, in responses to questions asked by
Chairman Wagner regarding the project’s budget. Assistant Director/City Engineer
Selle pointed out that this project will include pervious asphalt which will be the
first time the material will be used in the City.
Page 2 of 11
PW.0
Member Haugen asked how many lights are included in the project’s
scope. Project Engineer Dunsdon answered that the current design calls for four
lights. Member Haugen asked about the trail’s proximity to the river. Dunsdon
answered that the trail is several hundred feet away from the White River.
Motion Carried Unanimously. 3-0.
E.Public Works Project No. C410A (Dunsdon)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City Council
approve Change Order No. 1 to Contract No. 11-12 for Project No. C410A, 277th
Street Wetland Mitigation Monitoring.
The Committee and Project Engineer Dunsdon reviewed the project’s budget
status sheet.
Motion Carried Unanimously. 3-0.
F.Public Works Project No. CP0916 (Sweeting)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve as amended . The Committee recommended the
City Council grant permission to advertise for bids for Project No. CP0916, West
Valley Highway Improvements, amended, without the incentive clause.
Project Engineer Sweeting distributed an exhibit of the project’s final design to the
Committee. Sweeting reviewed the summary of improvements included in the
project’s scope.
Chairman Wagner asked about guardrails. Project Engineer Sweeting said that
guardrails are included in the design on the east side of West Valley Highway,
where the slope is steeper.
Chairman Wagner asked what the factor was in determining where the sidewalks
end. Sweeting stated that the sidewalk will extend from the Yahn and Sons
Funeral Home property at W Main Street and West Valley Highway south to the
limits of the City Right-of-Way. In order to construct sidewalks further south, into
the Washington State Department of Transportation’s (WSDOT) limited access
area, staff would have to request a variance from the State to install a pedestrian
facility.
Project Engineer Sweeting said that staff is requesting permission to advertise for
the project because advertisement for construction needs to begin in the next two
to three weeks in order to complete construction this year. Staff is still waiting for
a permit from the Army Corps the Engineers (the Corps), which is expected to be
issued in the next few weeks. Sweeting explained that if the permit is delayed the
Page 3 of 11
PW.0
project construction will need to be postponed until next year due to the impact of
weather conditions on the length of the road closure.
Project Engineer Sweeting stated that the project will not be advertised until the
permit from the Corps is obtained and that this is a requirement of the
Transportation Improvement Board (TIB) Grant. Assistant Director/City Engineer
Selle stated that the Corps has given an indication that the permit will be
issued. Mayor Lewis stated that once the City Council grants permission to
advertise the project, the Corps will be provided copies of the approval.
Project Engineer Sweeting reviewed the detour route for the project at the request
of Chairman Wagner. The detour will extend from West Valley Highway at Main
Street to C Street SW/NW, then south to 15th Street SW and back to West Valley
Highway. There will also be signs on SR 167 at the 15th Street on ramp to
encourage drivers to remain on SR 167 as well as signs on SR 18 warning of the
closure. Chairman Wagner asked for additional explanation of the incentive
proposal. Project Engineer Sweeting stated that shortening the duration of the
road closure would be better for the public and the duration could be shortened if
the contractor decided to work double shifts or structures the construction in a
more efficient manner and contractors typical do not do that unless there is an
incentive. Sweeting stated that offering incentives has been successful in the
past. The incentive proposed for Project No. CP0916 is $10,000.00 per day for up
to 14 days, or $140,000.00, to shorten the duration by 2 weeks. Chairman
Wagner stated that shortening the 8 week long closure by only 14 days may not
be worth the cost of the incentive. The Committee and staff discussed the pros
and cons of the proposed incentive. The Committee came to a concurrence that
the incentive would not be a great enough benefit to the citizens of Auburn for the
cost.
Motion Carried Unanimously. 3-0.
G.Public Works Project No. C201A (Sweeting)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City Council
award Contract No. 11-17 to Buckley Recycle Center Inc. for Project No. C201A,
M Street Underpass Project – Residential Buildings Demolition.
Project Engineer Sweeting stated that the residential properties that the City has
purchased on M Street SE are ready to be demolished along with the residential
structure in Cedar Lane Park.
Vice-Chair Peloza asked if the 70% goal for recycling materials is included in the
contract. Sweeting confirmed that a 75% goal is included in Contract No. 11-
17. Project Engineer Sweeting pointed out that the contractor is a recycling
center.
Motion Carried Unanimously. 3-0.
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H.Public Works Project No. CP1002 (Wickstrom)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City Council
approve Change Order No. 1 to Contract No. 10-13 for work on Project No.
CP1002, 2010 Local Street Pavement Preservation Project.
Street Systems Engineer Wickstrom said that Change Order No. 1 is for the 2010
Local Street Pavement Preservation Project and not the 2011 project, in response
to a question asked by Chairman Wagner.
Motion Carried Unanimously. 3-0.
III.RESOLUTIONS
A.Resolution No. 4718 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing
the Mayor to Execute a Cooperative Purchasing Agreement with Houston-
Galveston Area Council for the Purpose of Purchasing General Supplies and
Equipment
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City Council
adopt Resolution No. 4718.
Maintenance and Operations Manger Bailey was present.
There were no questions from the Committee. Vice-Chair Peloza spoke in favor of
the agreement.
Motion Carried Unanimously. 3-0.
B.Resolution No. 4719 (Bailey)
A Resolutoin of the City Council of the City of Auburn, Washington, Authorizing
the Mayor to Execute a Cooperative Purchasing Agreement with the U.S.
Communities for the Purpose of Purchasing General Supplies and Equipment
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City Council
adopt Resolution No. 4719.
There were no questions from the Committee.
Motion Carried Unanimously. 3-0.
C.Resolution No. 4723 (Wickstrom)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing
the Mayor to Award and Execute an Agreement with the Lowest Responsible
Bidder for Construction of the Public Works Contract Number 11-09 for Project
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PW.0
CP1101, 2011 Local Street Pavement Preservation Project - Phase 1
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve that the Committee recommend the City Council
adopt Resolution No. 4723.
Street Systems Engineer Wickstrom stated that the bid opening was held on
Thursday, June 30, 2011 and distributed the bid totals summary to the
Committee.
Wickstrom reported that the bid came in approximately $150,000.00 below the
engineer’s estimate. Street Systems Engineer Wickstrom explained that staff still
needs to complete the background checks on the contractor and that is why
permission for the Mayor to award the contract is necessary.
Motion Carried Unanimously. 3-0.
D.Resolution No. 4725 (Repp)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing
the Mayor and City Clerk to Negotiate and Execute a Purchase Agreement with
Covington Water District and King County Water District #111
Councilmember Peloza moved and Councilmember
Wagner seconded to Approve that the Committee recommend the City Council
adopt Resolution No. 4725.
Utilities Engineer Repp said that staff prepared a cost estimate for constructing
the same line and the estimate range was $393 - $342 per lineal foot. The
Covington Water District and King County Water District #111 made an offer to
sell their existing water main on 132nd Avenue SE for the price of $400 per lineal
foot. Using the City’s cost estimate, City staff negotiated a sale price of $350 per
lineal foot plus tax for a total of approximately $472,000.00.
Utilities Engineer Repp discussed the benefits of purchasing a preexisting water
main versus constructing a new main with the Committee.
Chairman Wagner asked what the water districts used the water main for in the
past. Repp answered that the districts constructed the pipeline as part of the
improvements that needed to get water up to Lea Hill when they entered the
agreement to purchase water from the City.
Utilities Engineer Repp discussed the long term implications purchasing the
pipeline would have to the water system plan and operation.
Chairman Wagner asked if City standards were used when the pipeline was
constructed. Assistant Director/City Engineer Selle answered the districts’
standards are very similar to the City’s and the City was involved in review and
construction of the project because it was a joint project.
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Vice-Chair Peloza asked about the age of the pipeline. Repp answered that the
line in 15 years old and a pipeline life is anticipated to be 80 – 100 years.
Utilities Engineer Repp responded to questions asked by Vice-Chair Peloza
regarding the costs that were included when calculating the cost estimate
prepared by the City. Assistant Director/City Engineer Selle stated that the cost of
purchasing the existing pipeline would be about the same cost if the City
constructed a new pipeline plus there would be no risk of construction or
disruption of traffic. Purchasing the existing line will also minimize the
environmental impact because there would be no new construction.
Member Haugen asked if the pipeline was constructed when the City entered into
the agreement to sell water to King County Water District #111. Repp confirmed
that to be correct.
Member Haugen stated that she was against selling water the Water District #111
and would be voting against the adoption of Resolution No. 4725 because of that.
Motion Carried. 2-1. Those voting no: Haugen .
IV.DISCUSSION ITEMS
A.Ordinance No. 6362 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, Amending
Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as Amended by
Ordinance No. 6351 and Ordinance No. 6352 Authorizing Amendment to the City
of Auburn 2011-2012 Budget as Set Forth in Scheudle "A"
Finance Director Coleman stated that the primary purpose of Budget Amendment
3 is to carry forward the 2010 ending fund balances for 2011. These adjustments
are usually made this time of year, following the conclusion of the State audit.
The Committee and Finance Director Coleman discussed the change in format of
the Summary of Budget Adjustments by Fund spreadsheet.
Chairman Wagner asked what caused the lower King County Metro wastewater
treatment services rates. Finance Director Coleman explained that the budget
was based on the number of customers and Metro’s four quarter rolling rate
average and the services rates will probably be higher next year.
Vice-Chair Peloza asked if the Defensive Driving Program, listed as a General
Fund line item on page 92, is for City employees. Coleman answered that the
program is not an employee program; it is a new Court program.
Chairman Wagner asked if the policy of keeping the ending balance of the 102
Arterial Streets Fund as low as possible is being followed. Coleman stated that
the ending balance in the fund reflects the funds that were moved into the account
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for capital projects. For example, Transportation Impact Fees and transferred into
the account as projects are budgeted. The 102 fund also includes grant monies
and fuel taxes. Finance Director Coleman confirmed that there is not a lot of funds
that go into the 102 fund without having a project associated with them, in
response to a questions asked by Chairman Wagner.
Finance Director Coleman verified that monies in the 105 Arterial Street
Preservation Fund comes from the utility tax and that is the only source of
revenue for that fund, in response to a question asked by Chairman Wagner.
Chairman Wagner asked if staff tracks the delinquent payments to the 121
Business Improvement Area Fund and if those amounts are significant. Coleman
answered that the delinquent payments and the amounts are more than 10% of
the total fund balance. Mayor Lewis stated that some of the delinquencies are
from businesses that are no longer in business. Coleman stated that the
delinquent accounts for businesses still in business are handled by Code
Enforcement.
Member Haugen asked if there is an average amount that businesses pay to the
Business Improvement Area Fund. Finance Director Coleman answered that the
payment amount depends on the business’s square footage and the average
payment is probably between $500.00 and $1000.00. Chairman Wagner asked
how many accounts there are. Coleman answered approximately 200 accounts.
Chairman Wagner asked how much of the 122 Cumulative Reserve Fund is
dedicated. Finance Director Coleman answered that some of the funds are
dedicated to the Auburn Environmental Park Project (AEP) and the remainder of
the funds are not dedicated.
Chairman Wagner asked how much of the 2010 Annex A&B Bond Debt Fund
revenues are paid by the utilities as rent for their space. Coleman answered that
the amount is currently budgeted at $750,000.00 and that the total debt service
payment is reflected on the spreadsheet.
Chairman Wagner commented that the amounts in the enterprise funds will
change dramatically due to the utility bond money. Coleman confirmed that to be
correct.
Finance Director Coleman said that a lot of the monies in the 435 Airport Fund will
be spent on maintenance at the airport, in response to questions asked by
Chairman Wagner. Chairman Wagner asked if any fund would be used to replace
the storm line on 30th Street. Coleman answered that she does not expect any
airport funds to be used on that storm project.
The Committee discussed the robustness of the 437 Golf Course Fund. Mayor
Lewis stated the City needs two strong years to improve the condition of the fund.
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Chairman Wagner asked if the 518 Information Services Fund was being lowered
as has been discussed by the Committees and Council in the past. Finance
Director Coleman answered that the fund is being drawn down and the goal is to
lower it to approximately $1M.
Mayor Lewis spoke about the state of the City’s budget and stated that staff is
going to continue to over estimate expenses and under estimate income at this
time due to the flux of the current economy.
B.Storm Drainage Comprehensive Plan Update (Carlaw)
Storm Drainage Engineer Carlaw presented the proposed update to Capital
Improvements Project (CIP) #13, Relieve 30th Street NE Area Flooding, in the
Comprehensive Storm Drainage Plan (CSDP) to the Committee.
Staff completed the monitoring and additional modeling with calibration. Staff
confirmed that there is some flooding along the 30th Street Corridor about every
2-3 years. Staff also investigated adding potentially C Street drainage on the north
end of the City. Storm Drainage Engineer Carlaw stated that the proposed update
also addresses flooding which is currently experienced in the vicinity of I Street
NE, near the western edge of the City. The area was formerly not included in the
CSDP.
Project #13 will consist of three phases. The first phase would address flooding
along 30th Street NE. The second phase would address the flooding adjacent to I
Street NE and the third phase would address flooding on C Street NE, near 37th
Street NE.
Chairman Wagner suggested that Phase 2 of the project may be scheduled for a
later year since there may be major changes made to the I Street Corridor in the
near future. Storm Drainage Engineer Carlaw stated that Phase 2 may be delayed
at the recommendation of the Committee. Mayor Lewis asked if there would be
negative consequences to delaying Phase 2 of the project. Assistant Director/City
Engineer Selle responded that this project is being proposed to be included in the
Comprehensive Plan so the project can be planned for in the future and the less
critical phases of the project could be deferred to a later time.
Vice-Chair Peloza asked if phase 1 will help to improve the conveyance for storm
water from the airport. Assistant Director/City Engineer Selle confirmed that is
correct.
Chairman Wagner asked if the airport storm drainage inventory will be used
during the design of phase 1. Storm Drainage Engineer Carlaw verified that is
correct.
Storm Drainage Engineer Carlaw asked if the Committee would like to continue to
plan for phase 2 for 2014. The Committee and staff discussed development of the
I Street Corridor. Assistant Director/City Engineer Selle pointed out that the RPG
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property being considered for development is further north than the vicinity of
phase 2 of the project. Vice-Chair Peloza asked if phase 2 will relieve flooding for
Auburn citizens’ properties. Carlaw answered that it would. Vice-Chair Peloza
stated that he would prefer to keep phase 2 planned for 2014. Chairman Wagner
agreed.
The Committee and staff discussed the project’s proposed schedule. Assistant
Director/City Engineer Selle explained that staff is currently working on utility
projects that are being funded by bond monies and once those projects are
complete staff will begin work on the other identified priority capital improvements.
Chairman Wagner suggested planning for phase 1 and phase 2 to be completed
concurrently. The Committee supported Chairman Wagner’s
suggestion. Assistant Director/City Engineer Selle spoke about how Project #13
will be incorporated into the entire CIP and included with all of the other storm
drainage improvement projects. The Committee and staff agreed to leave the
project scheduled as it is until utility bond projects are complete and Project #13
can be incorporated into the CIP.
Storm Drainage Engineer Carlaw answered questions asked by Vice-Chair
Peloza regarding the condition of the storm pipes in 30th Street.
Assistant Director/City Engineer Selle answered questions asked by Chairman
Wagner about the Project Cost Summary for 6-Year and 20-Year CIP
spreadsheet.
The Committee supports the proposal. Storm Drainage Engineer Carlaw stated
that the proposal will be brought to the Committee in its final form for approval in
Fall 2011.
C.Capital Project Status Report (Gaub)
Item 21 – CP0909 – Academy Booster Pump Station: Chairman Wagner asked if
the pump station will increase capacity. Utilities Engineer Repp stated that the
project will increase the area that can be served with City water.
Item 22 – CP0915 – Well 1 Improvements: Chairman Wagner asked if staff and
the Committee had agreed to review whether or not to continue with the Well 1
project following the agreement to purchase water from the City of
Tacoma. Mayor Lewis stated that one of the things Council discussed is that the
City may have good water purchase agreements but the least expensive source
of water is to bring the City’s own wells to as full a capacity as possible. Mayor
Lewis stated that he supports moving forward with the project.
Utilities Engineer Repp pointed out that the water supply needed to meet the
projected demand does include Well 1 as well as the purchase of water from the
interties. The plan to meet demand also includes improvements to Coal Creek
Springs and other City sources. The overall water supply strategy of the City is to
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maximize existing water sources and being able to take water from the interties.
Chairman Wagner agreed that the Well 1 project should keep moving forward.
Item 26 – CP1024 – Auburn Way South and M Street SE Intersection
Improvements: Mayor Lewis informed the Committee that there would be a
presentation regarding the project at the City Council Meeting.
Item C – MS1003 – Airport Storm Water Inventory: Chairman Wagner asked
about the recommendations. Assistant City Engineer Gaub answered that the
report was an inventory of the storm drainage system and the next step for staff is
reviewing that report to determine what projects may be needed at/near the
airport to make improvements. Gaub stated that the storm projects previously
discussed by the Committee for the Comprehensive Plan update did take into
account the report findings.
The Committee and staff discussed how storm water projects at the airport are
paid for. Utilities Engineer Repp stated that the improvements made at the airport
and improvements to the City system are funded separately. Assistant
Director/City Engineer Selle stated that the improvements to the overall system
and the airport are coordinated efforts.
The Committee and staff discussed bringing plans for airport storm improvements
to be reviewed be the Public Works Committee.
V.ADJOURNMENT
There being no further business to come before the Public Works Committee, the
meeting was adjourned at 4:49 p.m.
Approved this ____day of _____, 20___.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
July 5, 2011 Minutes
Date:
July 14, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:July 18, 2011 Item Number:FN.0
AUBURN * MORE THAN YOU IMAGINEDFN.0
Finance Committee
July 5, 2011 - 6:00 PM
Annex Conference Room 1
MINUTES
I.CALL TO ORDER
Chair Nancy Backus called the meeting to order at 6:00 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 Backus and Member Rich Wagner were present. Vice Chair Lynn Norman
was excused. Also present during the meeting were City Attorney Daniel B. Heid,
Human Resources/Risk Management Director Brenda Heineman, Utilities
Engineer Dan Repp, Assistant Police Chief Bob Karnofski, Maintenance and
Operations Manager Randy Bailey, Emergency Preparedness Manager Sarah
Miller, Project/Construction Manager Steve Burke, Facilities Manager Lisa Torres,
Finance Director Shelley Coleman, Planning and Development Director Kevin
Snyder, Solid Waste and Recycling Coordinator Joan Nelson, City
Engineer/Assistant Public Works Director Dennis Selle, Senior Planner Hillary
Taylor, Shared Resource Conservation Manager Deke Jones, and Deputy City
Clerk Cathy Richardson.
B.Announcements
There was no announcement.
C.Agenda Modifications
Agenda modification included transmittal of revised Exhibit "A" to Resolution No.
4721, Item IV.J.
II.CONSENT AGENDA
A.Minutes of the June 20, 2011 meeting
Member Wagner moved to approve the June 20, 2011 minutes. Chair Backus
concurred.
MOTION CARRIED UNANIMOUSLY. 2-0.
B.Claims Vouchers (Coleman)
Claims check numbers 405246 through 405861 in the amount of $2,462,923.26
and dated July 5, 2011.
C.Payroll Vouchers (Coleman)
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Payroll check numbers 531610 through 531713 in the amount of
$349,345.52 and electronic deposit transmissions in the amount of
$1,153,530.15 for a grand total of $1,502,875.67 for the period covering
June 16, 2011 to June 29, 2011.
Committee members reviewed the claims and payroll vouchers and briefly
discussed claims voucher numbers 405371 and 405520.
Member Wagner moved to approve the claims and payroll vouchers. Chair
Backus concurred.
MOTION CARRIED UNANIMOUSLY. 2-0.
III.RESOLUTIONS
A.Resolution No. 4724 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain items of property as surplus and authorizing their disposal
Assistant Police Bob Karnofski reported that the surplus request is for a 2003
Chevrolet van which was forfeited through a drug seizure. The original intent for
the van was to possibly use it as a replacement for the Police Department crime
scene van. It was determined that costs to rehabilitate it for that purpose was not
cost effective.
Member Wagner moved to forward Resolution No. 4724 to the Council. Chair
Backus concurred.
MOTION CARRIED UNANIMOUSLY. 2-0.
IV.DISCUSSION ITEMS
A.Shared Resource Conservation Program (Heineman)
Human Resources/Risk Management Director Brenda Heineman distributed a
handout and reported that the Shared Resource Conservation Manager (RCM)
Deke Jones began working with the cities of Auburn and Federal last year. At this
time the City has exceeded its goals. Director Heineman introduced Mr. Jones,
Project/Construction Manager Steve Burke and Facilities Manager Lisa Torres,
who have all worked in concert with one another on this program.
In response to questions from Chair Backus, Mr. Jones reviewed the incentives
offered and perfomance goals required by the PSE grant funding, which has been
met for the first program year. The current challenge is to save an additional 5%
for the second program year. The Washington State Department of Commerce
grant through WSU is a guaranteed grant.
Mr. Jones reported that the program has been in operation for approximately one
year. There were three objectives in the first year including gathering data to
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measure consumption of energy used in City buildings as well as some of the
infrastructures such as lift and pump stations. The second objective for the
program was to perform an informal assessment for each facility in order to
provide recommendations on energy cost saving measures to diminish costs of
operations with regard to utilities and energies for those facilities. The third entails
providing public and employee education and awareness throughout the City. To
date, for the period of March 2010 through April 2011, the City is 4% less in
consumption over the same period in the prior year, which equates to a 3.7%
decrease in costs. One more technical step to complete, with the assistance of
Puget Sound Energy (PSE), is to normalize the data taking weather into
consideration at which time the percentages can be finalized. Mr. Jones reported
that, at this time, the City has realized a savings of approximately $17,050.
Mr. Jones reviewed the funding summary for the next two years for the Resource
Conservation Program (RCP) including funding received from Washington State
University (WSU) and PSE incentives for attaining certain benchmarks. To date,
the program is on track and qualifies for the second year of incentives from PSE
as long as the City continues to save energy at a rate of 3% for year one, 5% for
year two, and possibly another 5% for year three depending on the funding
scenario. In addition to low cost/no cost measures identified and implemented at
facilities throughout the City, staff has worked in concert with McKinstry in terms of
energy audits, what could be done to cut energy costs, and return on investments
to implement tactical measures.
Project/Construction Manager Burke reported that McKinstry performed an energy
audit of the City's five largest energy users. Staff reviewed their recommendations
and selected six of the recommendations with regard to capital equipment
changes. At the Auburn Justice Center changes include retro commissioning of
the building; changes to Courtroom demand ventilation , installation of Courtroom
HVAC setback controls, which will enable better monitoring of mechanical
equipment; and adding additional HVAC zones to reduce costs. The mechanical
changes will enable more control of the space.
Director Heineman explained that, during renovations of the Justice
Center, commissioning was not done. The Justice Center is shared by the Court
and the Police Department. The Court is not in operations at night, but the facility
is on one HVAC system.
Facilities Manager Torres stated that the projects reviewed by Manager Burke will
result in approximately $47,000 annual savings to the City.
Manager Burke reported that measures similar to the those at the Justice
Center are being implemented at the Senior Center. For a relatively modest
investment, staff recommends a setback control thermostat be installed at City
Hall.
Mr. Jones reported that infrastructure, such as the lift and pump stations, were not
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part of the original directives of the grant funds from WSU and PSE.
Approximately one third of the City's energy costs are dedicated for the purpose of
conveying water and sewage. Long term plans include monitoring the lift and
pump stations and adding them to the scope of monitoring energy use and
methods to optimize efficiency. Both WSU and PSE have supplied tremendous
support, training, and expertise when needed.
In response to questions by Member Wagner, Mr. Jones stated that staff is not
investigating alternative energy generation to PSE at this time. Mr.
Jones reviewed the City's relationship with and audit data from McKinstry and
reported that he was trained and equipped with simple assessment tools,
monitoring, and instrumentation. Energy savings information for single-family
residents is being provided by PSE at this time. Employee education with regard
to tenant comfort and energy savings measures will be provided in the upcoming
employee newsletter.
B.Ordinance No. 6362 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6339, the 2011-2012 Biennial Budget as
amended by Ordinance No. 6351 and Ordinance No. 6352, authorizing
amendment to the City of Auburn 2011-2012 Budget as set forth in
Schedule "A"
Finance Director Shelley Coleman reported that Ordinance No. 6362 adjusts
beginning fund balances for actual 2010 ending fund balances. This measure is
performed after the annual audit to incorporate any additional adjustments
required, adjusting appropriations for new grants, and making other appropriations
needed for administration of the 2011-2012 budget. Director Coleman reviewed
various changes in the budget ordinance including budget adjustment for an
interfund loan from the Cumulative Reserve Fund to the Golf Course Fund.
Director Coleman reviewed options to bring permanent revenue into the Golf
Course Fund including an interfund loan from the Cumulative Reserve Fund or
General Fund, or funds from REET 1 (Real Estate and Excise Tax) revenue.
Director Coleman recommended making the debt service payment which would
be $400,000 for the year.
Committee members reviewed Golf Course cash flow and impacts on the cash
flow due to this year's weather and possible annual Golf Course subsidies.
C.Leak Adjustment Request (Coleman)
City Council approve a water utility adjustment to account number 015891,
for Libuse Moravec in the amount of $704.51 for a water leak.
Director Coleman reported that the customer requesting the leak adjustment was
very proactive in correcting the leak. The Public Works Committee recommended
the account be further adjusted for the maximum additional adjustment of up to
50% of the balance.
D.Resolution No. 4718 (Dowdy)
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A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Cooperative Purchasing Agreement with
Houston-Galveston Area Council for the purpose of purchasing general
supplies and equipment
(See Item IV.E, Resolution No. 4719 for discussion on this item.)
E.Resolution No. 4719 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Cooperative Purchasing Agreement with
the U.S. Communities for the purpose of purchasing general supplies and
equipment
Maintenance and Operations Manager Randy Bailey reported that both Resolution
Nos. 4718 and 4719 authorize execution of nationwide cooperative purchasing
agreements. The agreements were developed by various groups within the
United States and provide numerous vendors for the purpose of purchasing of
equipment not provided locally.
Chair Backus confirmed that the City would pay sales tax on any purchases and
that the sales tax revenue would come back to the City via streamlined sales tax
(SST).
Discussion followed regarding confirmation that specific equipment purchased is
not available locally.
F.Resolution No. 4723 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to award and execute an agreement with the lowest
responsible bidder for construction of the Public Works Contract Number
11-09 for Project CP1101, 2011 Local Street Pavement Preservation
Project - Phase 1
City Engineer/Assistant Public Works Director Dennis Selle distributed a bid
tabulation for Project CP1101, 2011 Local Street Pavement Preservation Project -
Phase 1. Staff is currently evaluating bids received last week to confirm the
apparent low bidder and contract requirements. The purpose of Resolution No.
4723 is to authorize Mayor Lewis to execute a contract for the low bidder and to
avoid delay of the project for an additional two weeks until the next Council
meeting. The project has been divided into two phases. Phase 1 includes
rehabilitation of local streets which will be accomplished by patching, overlaying,
and chip sealing. Phase 2 will be implemented later in the year.
G.Resolution No. 4725 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to negotiate and execute a Purchase
Agreement with Covington Water District and King County Water District
#111
Utilities Engineer Dan Repp reported that the City has an opportunity to purchase
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a water main from King County Water District No. 111 and Covington Water
District. The transmission main was used in the past to convey water to those
districts as wholesale customers. Covington is no longer the City's wholesale
customer. The City of Auburn is currently constructing an intertie with the Tacoma
Pipline Utilities in that area. The Districts have an existing water main on 132nd
Avenue SE that is surplus to their needs that they are willing to sell to the City.
Staff conducted cost estimates for new pipeline and compared it to a verbal offer
from the Districts to purchase the existing line. It would be beneficial to the City of
Auburn to purchase the existing line which would eliminate the need to design and
build the water main and would also eliminate associated risks and disruption of
traffic.
Discussion followed regarding benefits to the City in the event the current pipeline
is purchased.
H.Ordinance No. 6368 (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
repealing Section 18.04.185 of the City Code, creating Sections 18.04.623,
18.04.855, 18.04.894 and 18.04.911 of the City Code, and amending
Sections 18.26.020, 18.28.020, 18.29.053, 18.30.020, 18.32.020, 18.34.020
of the Auburn City Code for the purpose of allowing the following land uses
in the Downtown Urban Core, and the Commercial and Industrial Zoning
Districts: Small Craft Distilleries, Small Craft Breweries, Wine Production
Facilities and Tasting Rooms
Planning and Community Development Director Kevin Snyder reported that
Ordinance No. 6368 allows for uses that are not currently allowed on a limited
basis in certain parts of Auburn. The issue originally surfaced in 2010 and Senior
Planner Hillary Taylor has led the research with regard to this issue. The
regulations would allow uses that would expand the City's commercial offerings,
provide venues of interest, and expand opportunities for Auburn citizens and
visitors.
Committee members briefly discussed Ordinance No. 6368.
I.Resolution No. 4720 (Lee)
A Resolution of the City Council of the City of Auburn, Washington, formally
accepting a grant from the State of Washington, Military Department in an
amount not to exceed Eighty Seven and One-half percent (87.5%) of actual
expenditures as reimbursement from the Federal Emergency Management
Agency and the State of Washington for expenses incurred by the City of
Auburn during the January 2011 storm event
(See Item IV.J, Resolution No. 4721, for discussion on this item.)
J.Resolution No. 4721 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the acceptance of a grant from the Washington Service Corps to
provide two full-time members to the City of Auburn, and authorizing the
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Mayor and City Clerk to execute the necessary agreements to accept said
members
Emergency Prepardness Manager Sarah Miller briefly reviewed Resolution Nos.
4720 and 4721.
In response to questions from Member Wagner, Manager Miller explained that
Resolution No. 4720 reimburses the City for costs incurred during the January
2011 storm event.
K.Resolution No. 4722 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City to apply for state grant funds in the amount of $9,895
from the Washington State Department of Transportation to rehabilitate the
airport apron, update the Airport Master Plan, and to improve airport
drainage and erosion control, and authorizing the execution of the grant
agreement therefor
Director Coleman stated that Resolution No. 4722 provides for acceptance of a
grant from Washington State Department of Transportation (WSDOT) to
rehabilitate the Airport apron, update the Airport Master Plan and to improve
Airport drainage and erosion control issues. Staff has applied for the grant, but
WSDOT requires authorization in the form of a resolution approved by Council
with regard to matching funds from the City.
L.Solid Waste Contract Implementation (Coleman)
Director Coleman stated that the new contract with the City's solid waste hauler
starts on October 1, 2011. Some rates have been increased as well due to
additional items being offer by the provider.
Solid Waste Coordinator Joan Clark distributed a handout on the solid waste
contract implementation timeline. Coordinator Clark displayed a map of Auburn
and reported that a portion of West Hill which has been billed directly by Waste
Management (WM). Beginning on October 1, 2011, billing for solid waste services
for West Hill customers will be by the City rather than the provider. Coordinator
Clark reviewed the following new service rates:
35 gallon cart will be offered to replace 32 gallon carts - rates won't change
15% mark-up on roll-off disposal
35 and 64 gallon carts options in addition to 96 gallon carts for compostables
Special pick-ups on 1 yard and 2 yard compostables (new option)
Restart/redelivery fee for compostables carts (new pass-through fee)
Clean and deodorize compostable carts (new service and new fee)
20 gallon carts (with wheels) will replace the 20 gallon mini-cans
35 gallon carts (with wheels) will replace the 32 gallon cans
WM will relabel all carts/containers and provide solid colored carts
Compostables weekly - year round
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Recycling dumpsters will be painted blue by December 2011
Smaller 35 gallon recycle carts in addition to 64 and 96 gallon carts
Recycle carts for individual residents in mobilehome parks
Recycling drop off station at WM's Auburn facility will open October 1, 2011
Operations of residential routes will begin at 7:00 a.m. instead of 6:00 a.m.
WM will have compressed natural gas (CNG) fleets by March 2012
WM will open a CNG retail station in 2012
WM will take the lead on visiting all commercial and multi-family establishments
Coordinator Clark stated that solid waste code revisions will be coming forward
soon. An outreach brochure will be distributed to residents at the end of August,
highlighting the revisions and new services with contact information. Beginning in
September, postcards will be sent to residents with regard to cart delivery.
Businesses and multi-family establishments will receive their services brochure
towards the end of September. Property managers will also receive a postcard
notifying them that site visits are available upon request. Carts will be delivered
by October 1st.
V.ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
at 6:52 p.m.
APPROVED THE DAY OF JULY, 2011.
Nancy Backus,Chair Cathy Richardson, Deputy City Clerk
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FN.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
July 12, 2011 Minutes
Date:
July 14, 2011
Department:
Planning and Development
Attachments:
DRC Draft Minutes July 12, 2011
Budget Impact:
$0
Administrative Recommendation:
Information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Norman Staff:
Meeting Date:July 18, 2011 Item Number:DR.0
AUBURN * MORE THAN YOU IMAGINEDDR.0
Page 1
DRAFT
DOWNTOWN REDEVELOPMENT
COMMITTEE
JULY 12, 2011
MINUTES
I. CALL TO ORDER
Chair Lynn Norman called the meeting to order at 4:00 p.m. in Annex Conference Room 2,
located on the second floor of One East Main Street, Auburn, Washington. Committee
Members present were: Chair Lynn Norman, Vice Chair Nancy Backus, and Member Rich
Wagner.
Staff present included: Planning and Development Director Kevin Snyder, Planning
Manager Elizabeth Chamberlain, Assistant City Engineer Ingrid Gaub, Arts & Events
Manager Julie Brewer, Arts Coordinator Maija McKnight, and Support Clerk Bobbie
Hodgkinson.
Audience Members present were: Greg Watson Auburn Arts Commission; Gail Spurrell;
and Ed Hahn, DDS.
II. CONSENT AGENDA
A. Meeting Minutes – May 24, 2011
Vice Chair Backus moved and Member Wagner seconded to approve the consent
agenda items as presented.
MOTION CARRIED UNANIMOUSLY 3-0
III. DISCUSSION DISCUSSION / INFORMATION
A. Downtown Sculpture Gallery
Planning Manager Elizabeth Chamberlain noted that staff came before the Committee at
the May 24, 2011, meeting and talked about a series of projects that could start given
there is a surplus of Local Revitalization Funds (LRF) funding. One item was a public art
piece with a proposed budget of $50,000. Staff proposes to develop an outdoor
sculpture gallery that will have rotating sculpture pieces with permanent pedestals.
Potential locations were brought before the Committee for review so work can begin on
design of the pedestals.
Chair Norman requested clarification that the $50,000 budget is to pay for the pedestals
and the art is donated by the artist. Ms. McKnight confirmed the pedestals would be
built with this funding. The art would be through a loan program; it would be a yearly
rotation and out of a different budget would come a stipend to the artist. One aspect of
many loan programs is a Peoples’ Choice Award, a continual addition to the collection
with the purchase of the favorite piece at the end of every year.
A map was presented to the Committee showing locations for the Outdoor Sculpture
Gallery pedestals. Ms. Chamberlain walked the Committee through the proposed
locations.
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Downtown Redevelopment Committee Minutes July 12, 2011
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Chair Norman asked how these fit with the places that we install the kiosk signage. Ms.
Chamberlain indicated she does not believe they conflict but will double check.
Member Wagner inquired if some of these locations are more secure than others with
respect to graffiti and other damage and expressed concern about location No. 1 since it
is out of the way and did not feel this is a good location. Ms Chamberlain responded
that the goal for long-term for downtown is connecting the rest of West Main Street; it
may be isolated today but as we work on development efforts beyond the four blocks
and the Environmental Park, it all starts to connect.
Ms. Chamberlain stated as we start getting into design and budgeting for the pedestals,
we can revisit map location No. 1 if it is still a question for the Committee.
Member Wagner asked if the pedestals will have identifying signage. Ms. McKnight
responded that a plaque would be installed that can be changed and noted that usually
with these loan programs the art is for sale with the artist’s name and price.
Chair Norman’s asked about the timeline, and Ms. Chamberlain indicated probably by
the end of the year after staff determines if the design can be done in-house or
contracted out. A call to artists can be issued when details are firmed.
Insuring the artwork against damage was discussed. Ms. McKnight stated there are a
couple models; some ask artists to take all responsibilities, some have shared
responsibility with the City. Contract details will need to be negotiated. A future
conversation with the Committee will take place concerning how this issue will be
handled once all the logistics are known.
B. City Hall Plaza
The Committee was invited to discuss the possibility of a gazebo structure at City Hall
Plaza or Plaza Park.
Chair Norman asked if the Committee is firm on the idea of something like a gazebo or
would public art serve the same purpose. The Committee is interested in having an
element where people can meet.
Other ideas were discussed and whether the element should be permanent or movable.
It was agreed to maintain the functionality of the space and whatever is selected is
movable and goes up when nothing else is planned there.
Director Snyder noted that the more structures add to this space inhibits other seasonal
use in terms of having to work around a tent structure. A slim kiosk we can probably
work around, but anything that goes higher poses more of a challenge for using the
space. Director Snyder noted that in Europe plaza spaces are purposely kept
uncluttered to create the human space and they keep structures limited. It provides a
blank slate if you want to program the space.
Member Wagner likes the idea of something low scale but welcoming but that is
movable.
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Downtown Redevelopment Committee Minutes July 12, 2011
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The Committee inquired about the selected locations for the pedestrian wayfinding
kiosks and whether the location selected for the Promenade is appropriate. Ms.
Chamberlain stated that care was taken in how the kiosk locations were selected and
recommending not to change the kiosk locations. The Committee concurred.
The Committee discussed additional signage at the Plaza and the need for more detail
on which building city services are located.
Assistant City Engineer Gaub suggested to the Committee placing something at the
upper part of the Plaza close to the entrances to City Hall with a map that shows what is
in the two buildings. The Committee liked this idea and staff will research the feasibility
as well as looking at incorporating a pedestrian wayfinding kiosk as part of the North City
Hall Plaza project.
At the conclusion of the discussion, the Committee agreed to get through a season with
Plaza Park, get furniture installed, and Promenade construction finished and see how
the spaces function together and then revisit the discussion about adding an iconic
element to the space.
C. DRC Matrix
Ms. Chamberlain updated the Committee on items that were adjusted to later in the year
for discussion due to the focus on projects being worked on with the balance of LRF
funds.
Chair Norman approved Item 6, Auburn Junction Team, is moved to the first meeting in
August since staff is still reviewing the draft market analysis received on July 8, 2011.
Ms. Chamberlain responded to a question whether or not developers are asking about
Item 10, Downtown Incentives. Not yet, because this item concerns what else we could
add to the incentives that we currently have in place.
IV. ADJOURNMENT
There being no further business to come before the Downtown Redevelopment Committee,
Chair Norman adjourned the meeting at 4:46 p.m.
APPROVED THIS DAY OF .
Lynn Norman, Chair Bobbie Hodgkinson, Support Clerk
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 5, 2011 City Council Meeting
Date:
July 14, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
City Council approve the July 5, 2011 minutes.
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 18, 2011 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A
City Council Meeting
July 5, 2011 - 7:30 PM
Auburn City Hall
MINUTES
I.CALL TO ORDER
A.Flag Salute
Mayor Peter B. 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, Virginia
Haugen, and John Partridge. Deputy Mayor Sue Singer and Councilmember
Lynn Norman were excused.
Staff members present included: Planning and Community Development Director
Kevin Snyder, Traffic Engineer Pablo Para, Emergency Preparedness Manager
Sarah Miller, Parks, Arts and Recreation Director Daryl Faber, Environmental
Protection Manager Chris Andersen, Economic Development Manager Doug
Lein, Assistant Police Chief Bob Karnofski, City Engineer/Assistant Public Works
Director Dennis Selle, City Attorney Daniel B. Heid, Finance Director Shelley
Coleman, Development Review Engineer Kim Truong, and Deputy City Clerk
Cathy Richardson.
C.Announcements, Appointments, and Presentations
1.Intersection Safety Access Revisions (Wagner/Dowdy)
Traffic Engineer Pablo Para displayed a Power Point presentation and
reviewed safety improvements which will be implemented this summer
for the intersection located at M Street SE and 17th Street SE. This
intersection has consistently been one of the highest ranking
intersections with regard to vehicle accidents due to multiple turning
conflicts, congestion during peak hours, risky maneuvers by drivers,
and proximity to Auburn Way South. Staff proposes extending the c-
curb north in an effort to cut off access for all eastbound traffic on 17th
Street SE and for northbound or southbound vehicles executing left
turns. Extending the c-curb will reduce the number of traffic accidents
per year, reduce risky driving behavior, and will also produce traffic
flow benefits.
The other intersection, located on Lake Tapps Parkway at the western
driveway of the Lakeland Town Center, has similar traffic issues as the
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intersection located at M Street SE and 17th Street SE. Staff
investigated accidents occurring at this location which also revealed
other issues due to the higher speeds and number of lanes in this
area. Due to the level of risks in this location, staff proposes installing
c-curb at this location which will eliminate left turns out of the western
driveway of the retail center. Vegetation has been mowed down or
removed to address site distance issues at this intersection.
Westbound traffic will still be able to turn left into the retail center, but
left turns out of the retail center will be eliminated by the c-curb which
should eliminate turning conflicts and congestion in this location.
In response to questions from Councilmembers Wagner, Partridge and
Haugen, Engineer Para reported that the raised c-curb will be painted
white. Signage will be installed indicating that only right turns will be
allowed from the western driveway. A u-turn at the signal is a legal
traffic movement if a vehicle is physically capable of making the u-
turn. Most drivers would exit left from the eastern driveway so as to
turn left at the signal onto Lake Tapps Parkway.
Engineer Para pointed out that both revisions are being coordinated
with local transit agencies and emergency providers. The c-
curb implementation is scheduled for this summer after providing
public awareness and notification to affected businesses and residents
in the area.
D.Agenda Modifications
Agenda modification included transmittal of revised Exhibit "A" to Resolution No.
4721, Item No. IX.E.
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
There was no public hearing scheduled.
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.
No one in the audience requested to speak.
C.Correspondence
There was no correspondence.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
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Chair Peloza reported that the Municipal Services Committee met on June 27,
2011 at 3:30 p.m. The Committee approved Resolution No. 4720, accepting a
Washington State grant for the City's 2011 winter storm expenses, and Resolution
No. 4721, accepting grant funds for the purpose of providing disaster relief
education for the cities of Auburn, Algona and Pacific. The Committee also
discussed the Waste Management contract extension and implementation in new
service areas with regard to operations, outreach and billing, and Waste
Management's plans regarding use of natural gas for their equipment and
installation of a commercial natural gas sales outlet. The Committee also
discussed Resolution No. 4722 authorizing application for a Washington State
Airport Aid grant for Auburn Airport maintenance issues, apron repair, Master Plan
update, and drainage improvements. The Committee also reviewed the
Committee matrix. The next regular meeting of the Municipal Services Committee
is scheduled for July 11, 2011 at 3:30 p.m.
B.Planning & Community Development
Vice Chair Backus reported that the Planning and Community Development
Committee met on June 27, 2011 at 5:00 p.m. The Committee approved
Resolution No. 4715 regarding the Auburn Environmental Park wetlands trail
boardwalk. The Committee also discussed the Bicycle Task Force
recommendations with regard to the Sharrows pilot program, bike lanes striping,
and public education and outreach regarding the Sharrows. The Committee also
discussed Ordinance No. 6368 regarding code amendments to allow small craft
distilleries, breweries, and wine tasting facilities within the Downtown Urban
Center and in commercial and industrial areas, 2011 Comprehensive Plan
amendments, and downtown parking during construction and beyond. Vice Chair
Backus reported that staff is currently working on a Downtown Comprehensive
Parking Plan. The next regular meeting of the Planning and Community
Development Committee is scheduled for July 11, 2011 at 5:00 p.m.
C.Public Works
Chair Wagner reported that the Public Works Committee met this afternoon at
3:30. The Committee approved a right-of-way use permit for the Rottles sidewalk
sale and approved contract administration items including advertising for bids for
Project No. C1108, Citywide Storm Pond Cleaning, Project No. CP0803, 37th
Street SE/R Street SE Pedestrian Connector, and Project No. CP0916, West
Valley Highway Improvements. The Committee also approved change orders for
Project No. C410A, Wetland Mitigation Monitoring, and Project No. CP1002, 2010
Local Street Pavement Preservation Project, and award of the contract for Project
No. C201A, M Street SE Grade Separation Project - Residential Buildings
Demolition. The Committee also approved Resolution Nos. 4718 and 4719
related to national purchasing agreements for specialized equipment not available
locally, Resolution No. 4723 related to award of Project No. CP1101, 2011 Local
Street Pavement Preservation Project - Phase 1, Resolution No. 4725 to purchase
an existing pipeline from Covington Water District and King County Water District
No. 111 which was previously installed to facilitate the City's wholesale water
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sales to both entities. They no longer purchase water from the City, but the City
has a need for the pipeline in order to convey water to Tacoma Public Utilities
(Tacoma Pipeline 5). The Committee also discussed Ordinance No. 6362 related
to budget amendments, proposed improvements on 30th Street NW just north of
Auburn Municipal Airport, and the capital project status report. The next regular
meeting of the Public Works Committee is scheduled for July 18, 2011 at 3:30
p.m.
D.Finance
Chair Backus reported that the Finance Committee met this evening at 6:00. The
Committee approved the claims and payroll vouchers. Chair Backus reported that
claims totaled approximately $2.46 million which included payables to
Christiansen Inc. in the amount of $332,000 for the Les Gove Community Campus
project, $135,000 to Puget Sound Energy for the City's May and June usage,
$504,000 to SCORE for jail startup costs, and $183,000 to T. Bailey Inc. for the
Lakeland Hills Reservoir Project. Chair Backus reported that 186 senior utility
rebates were issued to seniors of limited income in the amount of $524.90 each
for a total of $97,631. The Committee also approved Resolution No. 4724 for the
surplus of a vehicle seized in a drug forfeiture which is no longer of use to the
City. The Committee also received a presentation from the cities of Auburn and
Federal Way shared Resource Conservation Manager with regard to efforts to
reduce energy costs. The program was initiated in 2010 and, to date, there has
been a 3.7% reduction in total energy costs for 2011. Chair Backus reviewed
criteria required in order to receive additional grant funds to fund this position for
years 2012 and 2013. The Committee also discussed Ordinance No. 6362 with
regard to budget amendment number three, a water utility leak adjustment
request, and Resolution Nos. 4718 and 4719 regarding nationwide cooperative
purchase agreements for equipment not available locally. Chair Backus pointed
out that equipment purchased via the nationwide cooperative purchase
agreements will provide sales tax revenue to the City via streamlined sales tax.
The Committee also discussed Resolution No. 4723 regarding contract award to
the lowest responsible bidder for Project No. CP1101, 2011 Local Street
Pavement Preservation Project - Phase 1, Resolution No. 4725 regarding a
purchase agreement with Covington Water District and King County Water District
No. 111 to purchase existing water pipeline, Ordinance No. 6368 regarding zoning
code amendments in the Downtown Urban Core and Commercial and Industrial
zones to allow small craft distilleries, Resolution No. 4720 accepting a grant from
Washington State for reimbursement of costs incurred during the January 2011
storm event, Resolution No. 4721 accepting grant funds from the Washington
Service Corps to provide two full time members for emergency preparedness
purposes, and Resolution No. 4722 to apply for grant funds for rehabilitation at the
Auburn Municipal Airport. The Committee also received an update on
implementation of the solid waste contract for the West Hill area. The next regular
meeting of the Finance Committee is scheduled for July 18, 2011 at 6:00 p.m.
E.Les Gove Community Campus
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The Les Gove Community Center Committee has not met since the last Council
meeting.
F.Downtown Redevelopment
The Downtown Redevelopment Committee has not met since the last Council
meeting.
G.Council Operations Committee
The Council Operations Committee has not met since the last Council meeting.
IV.REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on state, regional and local
organizations.
A.From the Council
Councilmember Wagner reported that he attended a Washington Storm Water
Center (Center) Advisory Committee meeting. The Center has secured funding
for the next year through the Department of Ecology. The Center will not be
expanding, but will still be in operation. A very user friendly website for the Center
went online last month. The Center is expected to become a central point for
providing information to the public such as obtaining permits, vendor information,
equipment, and information with regard to events with different storm water
systems experienced by other cities.
Councilmember Partridge reported that he attended an Auburn Valley Humane
Society (AVHS) meeting as the City's liaison to discuss the draft contract
submitted by the City of Auburn with regard to establishing a partnership for
animal care and sheltering services. The AVHS revised and approved the
proposed contract which is currently pending review by City staff. The AVHS
also discussed artwork and marketing issues for the project.
Councilmember Backus reported that she attended the annual recognition of
service for elected officials. Councilmember Backus congratulated
Councilmember Norman and Deputy Mayor Singer who were named as Elected
Officials of the Year for their pro-business stance and ability to work well with
businesses and citizens of the City of Auburn. She also attended the 4th of July
Festival at Les Gove Park and reported on comments received by members of the
public on the beauty and amenities of the park.
Councilmember Peloza reported on the National League of Cities prescription
card program of which the City of Auburn in one of the top twenty cities with
regard to prescription savings for its citizens. The City of Auburn ranked thirteen
and has saved its citizens over $71,000 since the program was
implemented. Councilmember Peloza urged those citizens without prescription
coverage to pick up a card at various City facilities. Councilmember Peloza also
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reported that he attended the King County Water Pollution Abatement Advisory
Committee meeting to discuss House Bill 1074 which amended regulations with
regard to qualifications for appointees to metropolitan water pollution abatement
advisory committees to include district employees in addition to elected district
officials. King County staff presented a Power Point presentation on the decennial
flow monitoring project. King County will periodically evaluate population and
employment growth and development patterns, which assumptions are used to
size future flows and to determine future capital projects to ascertain if there
is sufficient conveyance capacity to convey waste water and storm water. He also
attended a breakfast at which Lieutenant Governor Brad Owen spoke regarding
the past legislative session, the grand opening of the Valley Medical Center
Auburn Urgent Care and Occupational Health Services facility, and a Water
Resource Inventory Area (WRIA 9) Steering Committee meeting to discuss
a watershed investment district to acquire funding to accomplish salmon habitat
and agriculture objectives. Councilmember Peloza also invited the public to
attend the Auburn International Farmers Market on Sunday, July 10, 2011.
Councilmember Haugen reported that she attended the 4th of July 2011 Festival.
B.From the Mayor
Mayor Lewis spoke regarding benefits received by the City due to Councilmember
involvement in regional and county committees and reviewed their membership in
the following committees:
Councilmember Backus: Valley Regional Fire Authority (VRFA) Board, National
League of Cities Finance Administration and Intergovernmental Relations
Committees, Pierce County Regional Council alternate, and Pierce County Joint
Determining Authority.
Councilmember Norman: Puget Sound Regional Council Growth Management
Policy Board and Pierce County Joint Determining Authority.
Councilmember Partridge: Regional Law, Safety and Justice Committee.
Councilmember Peloza: Water Resource Inventory Area (WRIA 9), and Water
Quality, Solid Waste, Flood Control District alternate, National League of Cities
Energy and Environment National Resources.
Deputy Mayor Singer: Past president of the Puget Sound Regional Council
(PSRC) and current member of the PSRC Economic Development Board and
Transportation Priorities Committees, Auburn Tourism Board, and Suburban
Cities Public Issues Committee alternate.
Councilmember Wagner: VRFA Board, Pierce County/Puyallup River Watershed
Council, Pierce County Regional Access Mobility Partnership (RAMP), King
County Solid Waste Committee alternate, and Joint Determining Authority.
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Mayor Lewis expanded on the tremendous amount of value that participating
Councilmembers have garnered for the City of Auburn and commended their
willingness to go beyond the limits of what they are required to do.
Mayor Lewis reported on the US Conference of Mayors that he attended and at
which a resolution was signed in support of all armed services personnel. Mayor
Lewis attended various meetings including the Puget Sound Regional Council
(PSRC) Operations Board and Executive Board meetings. On a four county level,
Auburn led in both King and Pierce Counties to accept a set of guiding principals
with regard to representation. Mayor Lewis spoke regarding recent changes in
population within Puget Sound cities and counties and elaborated on changes in
respresentation on PSRC boards and commissions, which is determined by
population. The set of guiding principals provides for more representation to cities
within both King and Pierce counties.
Mayor Lewis reported on the recent retirement of Police Commander Will Lathrop
who will be relocating to a south sea island with his wife as she has accepted a
new position there.
Mayor Lewis stated that he is Chair of VRFA Board and spoke regarding visits to
Auburn's fire stations. Mayor Lewis reported on the tremendous amount of work
performed by firefighters at the beginning of each shift. Duties include checking
every piece of VRFA equipment and their own personal gear, physical
exercise, station cleaning, and training exercises all while still responding to
incoming emergency calls.
Mayor Lewis also attended the South King Council of Human Services meeting
with Councilmembers Partridge and Norman and Deputy Mayor Singer. This is an
entity which was formed by the mayors of south Puget Sound cities to work with
all human services organizations in an effort to meet the needs of their
citizens. He also met with Superintendent of Auburn Schools Kip Herren to
discuss common issues and problems.
Mayor Lewis also reported on the retirement of VRFA Fire Chief Stan Laatsch,
who retired after 34 years of service to the City of Auburn and the VRFA.
Mayor Lewis also attended numerous community meetings, the opening of Wild
Waves, and the Miss Washington pageant, of which Miss Auburn Hayley
McJunkin came in fourth. He also attended the City of Auburn 4th of July Festival
and spoke regarding all the improvements to Les Gove Park. It was a
very successful and multicultural event.
V.CONSENT AGENDA
A.Minutes of the June 20, 2011 City Council Meeting
B.Claims Vouchers (Backus/Coleman)
Claims check numbers 405246 through 405861 in the amount of $2,462,923.26
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and dated July 5, 2011.
C.Payroll Vouchers (Backus/Coleman)
Payroll check numbers 531610 through 531713 in the amount of $349,345.52 and
electronic deposit transmissions in the amount of $1,153,530.15 for a grand total
of $1,502,875.67 for the period covering June 16, 2011 to June 29, 2011.
D.Public Works Project No. C201A (Wagner/Dowdy)
City Council award Contract No. 11-17, to Buckley Recycle Center, Inc. on their
low bid of $155,360.00 plus Washington State sales tax of $14,759.20 for a total
contract price of $170,119.20 for Project No. C201A - Residential Buildings
Demolition
E.Public Works Project No. C410A (Wagner/Dowdy)
City Council approve Change Order No. 1 in the amount of $9,865.34 to Contract
No. 11-12 for work on Project No. C410A, 277th Wetland Mitigation Monitoring
(Annual).
F.Public Works Project No. CP0803 (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP0803, 37th
Street SE/R Street SE Pedestrian Connector.
G.Public Works Project No. CP0916 (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP0916 - West
Valley Highway Improvements.
H.Public Works Project No. CP1002 (Wagner/Dowdy)
City Council approve Change Order No. 1 in the amount of $75,000 to
Contract No. 10-03 for work on Project No. CP1002 - 2010 Local Street
Pavement Preservation Project.
I.Public Works Project No. CP1108 (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP1108,
2011 City Wide Storm Pond Cleaning.
J.Utility Leak Adjustment Request (Wagner/Coleman)
City Council approve a water utility adjustment to account number 015891,
for Libuse Moravec in the amount of $704.51 for a water leak.
Councilmember Wagner moved and Councilmember Backus seconded to
approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 5-0.
VI.UNFINISHED BUSINESS
There was no unfinished business.
VII.NEW BUSINESS
There was no new business.
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VIII.ORDINANCES
A.Ordinance No. 6368 (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
repealing Section 18.04.185 of the City Code, creating Sections 18.04.623,
18.04.855, 18.04.894 and 18.04.911 of the City Code and amending
Sections 18.26.020, 18.28.020, 18.29.053, 18.30.020, 18.32.020, 18.34.020
of the Auburn City Code for the purpose of allowing the following land uses
in the Downtown Urban Core, and the commercial and insutrial zoning
districts: Small Craft Distilleries, and Small Craft Breweries, Wine
Production Facilities, and Tasting Rooms
Councilmember Backus moved and Councilmember Partridge seconded to
introduce and adopt Ordinance No. 6368.
MOTION CARRIED UNANIMOUSLY. 5-0.
IX.RESOLUTIONS
A.Resolution No. 4715 (Norman/Snyder)
A Resolution of the City Council of the city of Auburn, Washington, related
to the Auburn Environmental Park Wetlands Trail Boardwalk Project;
providing for an exception to competitive bidding and authorizing the Mayor
and City Clerk to execute an agreement between the City of Auburn and the
Washington State Department of Ecology Washington Conservation Corps
Council Backus moved and Councilmember Partridge seconded to adopt
Resolution No. 4715.
MOTION CARRIED UNANIMOUSLY. 5-0.
B.Resolution No. 4718 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Cooperative Purchasing Agreement with
Houston-Galveston Area Council for the purpose of purchasing general
supplies and equipment
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4718.
MOTION CARRIED UNANIMOUSLY. 5-0.
C.Resolution No. 4719 (Wagner/Dowdy)
A Resolutoin of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Cooperative Purchasing Agreement with
the U.S. Communities for the purpose of purchasing general supplies and
equipment
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4719.
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MOTION CARRIED UNANIMOUSLY. 5-0.
D.Resolution No. 4720 (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington, formally
accepting a grant from the State of Washington, Military Department in an
amount not to exceed Eighty Seven and One-half percent (87.5%) of actual
expenditures as reimbursement from the Federal Emergency Management
Agency and the State of Washington for expenses incurred by the City of
Auburn during the January 2011 storm event
Councilmember Peloza moved and Councilmember Partridge seconded to adopt
Resolution No. 4720.
MOTION CARRIED UNANIMOUSLY. 5-0.
E.Resolution No. 4721 (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the acceptance of a grant from the Washington Service Corps to
provide two full-time members to the City of Auburn, and authorizing the
Mayor and City Clerk to execute the necessary agreements to accept said
members
Councilmember Peloza moved and Councilmember Partridge seconded to adopt
Resolution No. 4721.
MOTION CARRIED UNANIMOUSLY. 5-0.
F.Resolution No. 4722 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City to apply for state grant funds in the amount of $9,895
from the Washington State Department of Transportation to rehabilitate the
airport apron, update the Airport Master Plan, and to improve airport
drainage and erosion control, and authorizing the execution of the grant
agreement therefor
Councilmember Peloza moved and Councilmember Partridge seconded to adopt
Resolution No. 4722.
MOTION CARRIED UNANIMOUSLY. 5-0.
G.Resolution No. 4723 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to award and execute an agreement with the lowest
responsible bidder for construction of Public Works Contract Number 11-09
for Project CP1101, 2011 Local Street Pavement Preservation Project -
Phase 1
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4723.
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MOTION CARRIED UNANIMOUSLY. 5-0.
H.Resolution No. 4724 (Backus/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain items of property as surplus and authorizing their disposal
Councilmember Backus moved and Councilmember Wagner seconded to adopt
Resolution No. 4724.
MOTION CARRIED. 4-1. Councilmember Haugen voted no .
I.Resolution No. 4725 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and City Clerk to negotiate and execute a Purchase
Agreement with Covington Water District and King County Water District
#111
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4725.
MOTION CARRIED UNANIMOUSLY. 5-0.
X.EXECUTIVE SESSION
There was no executive session.
XI.ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:34 p.m.
APPROVED THE ______ DAY OF JULY, 2011.
______________________ ______________________________
Lewis, Mayor Cathy Richardson, Deputy City Clerk
Page 11 of 11
CA.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
July 13, 2011
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:July 18, 2011 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
July 13, 2011
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the payroll vouchers.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Coleman
Meeting Date:July 18, 2011 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1008
Date:
July 12, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to enter into Amendment No. 1 to Consultant Agreement
No. AG-C-402 with KPFF Consulting Engineers for Engineering Services for Project No.
CP1008, Bridge Load Rating Project.
Background Summary:
As part of the Bridge Maintenance Program, the Bridge Load rating project is load rating
five existing bridges in the City (see attached map). A bridge load rating is a measure of
the bridges capacity to safely carry heavy vehicle traffic. The Federal Highway
Administration requires that bridges be load rated in compliance with 23CFR650 Subpart
C.
Amendment No. 1 includes the load rating of the four additional bridges shown on the
attached map. Specifically, the consultant will provide the following Engineering Services
as part of Amendment No. 1:
Reviewing the plans and inspection reports for each of the four additional bridges.
Preparing a computer model of each bridge and analyzing the model to determine
the appropriate load rating for each bridge.
Preparing a load rating report for each bridge that will satisfy the requirements of
23CFR650 Subpart C.
The anticipated Not-to-Exceed for this amendment is $43,100, increasing the agreement
total to $98,772.
A project budget contingency of $1,228 remains in the 102 (Arterial Street) fund.
O4.9.1 CP1008
Reviewed by Council Committees:
Public Works
AUBURN * MORE THAN YOU IMAGINEDCA.D
Councilmember:Wagner Staff:Dowdy
Meeting Date:July 18, 2011 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D
Project No: CP1008 Project Title:
Project Manager: Seth Wickstrom
Project Initiation
Initiation Date: _Feburary 22, 2011____ Permision to Advertise
Advertisement Date: ______________ Contract Award
Award Date: ____________________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 Future Years Total
102 Fund - Arterial Street Fund 100,000 100,000
Total 00100,0000100,000
Activity Prior Years 20102011 Future Years Total
Design Engineer - City Costs*00
Design Engineer - Consultant Costs (Original Agreement)55,67255,672
Design Engineer - Consultant Costs (Amendment No. 1)43,10043,100
Total 0098,772098,772
* City staff costs are charged against the Engineering Budget and not the Project Budget, and are not shown here.
BUDGET STATUS SHEET
Bridge Load Rating Project
Date: July 11, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Prior Years 20102011 Future Years Total
**102 Funds Budgeted ( )00(100,000)0(100,000)
102 Funds Needed 0098,772098,772
**102 Fund Project Contingency ( )00(1,228)0(1,228)
102 Funds Required 00000
** ( # ) in the Budget Status Sections indicates Money the City has available.
102 Arterial Street Budget Status
CA.D
CA.D
CA.D
CA.D
CA.D
CA.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6362
Date:
July 13, 2011
Department:
Finance
Attachments:
transmittal memo BA#3
Ordinance
Budget Impact:
$13,481,092
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6362.
Background Summary:
Ordinance No. 6362 increases the 2011-12 biennial budget, as amended, to
$273,640,687. Proposed amendments authorized by this Ordinance includes adjusting
2011 budgeted beginning fund balances to reflected actual 2010 year end levels;
adjusting appropriations for new grants; and making other appropriations needed for
administration of the 2011-12 budget.
F3.23
Reviewed by Council Committees:
Finance, Municipal Services, Planning And Community Development, Public Works
Councilmember:Backus Staff:Coleman
Meeting Date:July 18, 2011 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: June 28, 2011
Re: 2011 Budget Amendment #3
Attached is budget amendment #3 for your review. Schedule A summarizes, by fund, proposed changes to
the City’s amended 2011 Budget, inclusive of changes authorized from budget amendments #1 and #2 (as
approved by Ordinances 6351 and 6352).
Council’s approval of this amendment to the 2011 budget would increase the Citywide budget, including fund
balances to $273,640,687 as follows:
Table 1: 2011 Budget As Amended
As Adopted (Ord 6339) $243,008,811
Budget Adjustments
#1 (Ord 6351) 51,500
#2 (Ord 6352) 17,099,284
#3 (Prop Ord 6362) 13,481,092
Budget as Amended $273,640,687
The following sections include a description of the proposed adjustments. Additional detail can be found in
Schedule A.
Recognition of actual 2011 beginning fund balance: Budgeted beginning 2011 fund balances are
adjusted to reflect the actual 2010 year end balances. The budgeted Citywide 2011 beginning fund
balance will be adjusted by a total of $10.5 million. Significant fund balance adjustments include:
Sewer Utility Fund: $3.0 million. The adjustment to the Sewer Fund balance is primarily due to unspent
budget for construction projects in 2010 that have been revised in conjunction with the current Capital
Facilities Plan. Also during 2010 the fund had higher than anticipated sewer service revenues, and lower
expenses related to King County Metro wastewater treatment services.
General Fund: $2.9 million. The General Fund beginning fund balance is adjusted to reflect increased
electric utility tax revenues and greater than anticipated property tax collections. In addition, the fund
ORD.A
experienced savings in the prior year due to vacant positions, unspent budget for retirement payouts,
retiree medical and long term care, and savings in contracted jail services, construction projects,
transfers out and professional services.
Equipment Rental Fund: $817,000. The fund balance increase in the Equipment Rental fund is mainly
due to lower than expected expenditures in fuel, vehicle repair parts, supplies and services, and capital
equipment.
Local Street Improvement Fund: $722,000. The Local Street improvement fund balance is adjusted to
reflect unspent capital improvement projects in 2010 and is allocated to fund additional projects in 2011.
Arterial Street Fund: $648,000. The Arterial Street fund balance is also adjusted due to unspent capital
improvement projects in 2010 and have been re-budgeted in 2011 based on the current Capital Facilities
Plan.
Capital Improvement Projects Fund: $552,000. This adjustment is primarily due to unspent budget for
transfers out related to project expenses and debt service.
Requests for Budget Adjustments: Other significant adjustments include:
x Receipt of State grant funding for emergency management programs in the Police Department.
x Increasing budget for the Community Service Work Crew Leader from .5 FTE to 1.0 FTE
x Receipt of new Federal grant funding for various street improvements in the Arterial Street
Improvement fund.
x Receipt of County grant funding for park land acquisition.
x Sound Transit sale of parking spaces
x Reallocation of existing project funding in the Local Revitalization Fund to support various
Downtown construction projects including street lighting, downtown art, and City Hall plaza
improvements.
x Receipt of Coordinated Prevention Grant from Department of Ecology for Solid Waste program
expense
x Interfund transfer of $400,000 from the Cumulative Reserve fund to the Golf Course fund to
support Golf Course operations due to lower revenues.
Attachments:
Proposed Ordinance #6362 (budget adjustment #3)
Summary of proposed 2011 budget adjustments by fund and department (Schedule A)
f:\budget directory\2011 budget\amendments\ba#3\transmittal memo - final budget amendment #3 draft.docx
ORD.A
ORDINANCE NO 6362
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AMENDING ORDINANCE NO
6339 THE 20112012 BIENNIAL BUDGET ORDINANCE AS
AMENDED BY ORDINANCE NO 6351 AND ORDINANCE NO
6352 AUTHORIZING AMENDMENT TO THE CITY OF
AUBURN 20112012 BUDGET ASSET FORTH IN
SCHEDULE A
WHEREAS the Aubum City Council at its regular meeting of December 6
2010 adopted Ordinance No 6339 which adopted the City of Auburn 20112012
Biennial budget and
WHEREAS the Aubum City Council at its regular meeting of February 22
2011 adopted Ordinance No 6351 which amended Ordinance No 6339 which
adopted the City of Auburn 20112012 Biennial budget and
WHEREAS the AuburnCity Council at its regular meeting of April 4 2011
adopted Ordinance No 6352 which amended Ordinance No 6351 and
WHEREAS the City of Auburn deems it necessary to appropriate additional
funds tohe various funds of the 2011 budget and
WHEREAS this Ordinance has been approved by one more than the
majority of all councilpersons in accordance with RCW 35A34200
NOW THEREFORE THE CITY COUNCILOF THE CITY OF AUBURN
WASHINGTON DO ORDAIN AS FOLLOWS
Section 1 Amendment of the 20112012 Biennial Budget The 2011
2012 Biennial Budget of the City of Aubum is amended pursuant to Chapter 35A34
RCW to reflect the revenues and expenditures as shown on Schedule A attached
Ordinance No 6362
July 5 2011
Page 1 of 3
ORD.A
hereto and incorporated herein by reference The Mayor of the City of Auburn
Washington is hereby authorized to utilize revenue and expenditure amounts
shown on said Schedule A A copy of said Schedule A is on file with the City
Clerk and available for public inspection
Section 2 Severability If any provision of this Ordinance or the
application thereof to any person or circumstance is held to be invalid the
remainder of suchcode ordinance or regulation or the application thereof to other
person or circumstance shall not be affected
Section 3 Implementation The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation
Section 4 Effective Date ThisOrdinance shall take effect and be in
force five 5 days from and after its passage approval and publication as provided
by law
INTRODUCED
PASSED
APPROVED
PETER B LEV1IS MAYOR
Ordinance No 6362
July 5 2011
Page 2 of 3
ORD.A
ATTEST
Danielle E Daskam
City Clerk
APPR ED AS TO FORM
aniel B H
City Attomey
PUBUSHED
Ordinance No 6362
July 5 2011
Page 3 of3
ORD.A
Schedule A
Summary of Budget AdJustmenis by Fund
Budget Amendment A 3 Ordinance 8882
Beg Fund 2011 Eodinp Fund
General Fund A001 Balance Revenues 2011 Expenditures Balance
General Fund
Adopted Budget 11763355 49863903 88139320 8487938
BAlH Adopted ordinanee 86381 46000 135360 88380
BAN Adopted ordinance 06362 650000 196270 820080 225190
BAN Proposed
Adj Beginning Fund 8alance to Actual 2968999 2968999
Indirect Federal Grarrt CRizen Corps Councll program 19170 1 19170
Indirect Federal GreM Emergency Management Perfortnance Grant 57520 2 57520
KC Arts Commissio4Cuflure Grant 12000 3 12000
KC Communily Servioes Teeti ARer School program 50000 4 50000
Defensive Driving Progrem Regisfration Fees 8000 5 6000
DefensNe Drlving Program Treining Fees ReimbursemeM 1600 5 1600
Miscellarreous Revenue Parks TraiNng ReimbursemeM 1180 8 1180
ReduceEstimeted Transfer In irom fund118 to dose furul 1029 7 1028
Misc Exp Emergency Mgm4CMizen Corps program 19170 1 19 170
Mnual Emergency ManagemeM Program EMPG greM funded 57520 2 57520
Downtam Storefrorrt Art Studio project funded by 4Cufture grerrt 12000 S 12000
ParksRec Grern funded Teen After Sdrool prugramother wagea benefits
supplies professional services and reMals 500004 50000
Deensive Driving ProgramSupplies Leasa CeRiflcetion 6 Training Fees 4660 5 4660
Comm Svc CrewLeader imxease SaVBen Bom 5 FTE to 10 FTE 20050 20050
Misc Exp Perks RexeatlorFTraining 1180 8 1180
5lreeUVegetation Manager 50 SaVBen to Stwm Fund 40000 8 40000
Construdion Projects Citywide way finding move to Fund 330 61000 61000
Operating Transfer Out to Fund 330CP0618 Cilyvvide Way flnding signage 61000 9 67OW
BAgS Total 2968999 48441 24580 2890880
Revised Budget 16882964 80161614 88919340 9814628
Total Resouiees I ExpendlW res 85599888 85533888
ORD.A
Beg Fund 2011 Ending Fund
Arterlal Street Fund P102 Balance Revenues 2011 ExperMitures Balance
AdoPted Budget 383118 18210200 13828300 268018
BA1 Adopted ordinancel16381
BAN Adopted ordinanee 6362 738300 1842200 2808500 50000
Bl4p ProPosed
Adj Begirming Fund Balance to Adual 647926 647928
Indirect FederalGrant fw CP1104 100000 10 100000
Indired FederalGrant fw Lea Hill Pedesirian Improvemerrls 57080 12 57080
Indirect Federal GreM for AWS Corrfdor Improvemerrts Phase 2 237000 11 237000
ConUibulions Donationa from MIT for AWS Cortidor Imp Phase 2 59250 11 59250
Transfer In rom Fund 328 for CP7104 125000 13 125000
ConsUuction projeds CP1104 8th St NE 8 104th Ave SE Intetsedion 225000 1013 225000
ConsUUCtion projeds Lea Hill Pedestrian ImprovemeMs 57080 12 57080
ConsUudion projecls 37th St SE R St SE Pedestrian Connectw 40000 40000
ConalrucRion projects AWS Cortidw ImprovementaPhase 2 296250 11 298250
BA3 Total 647926 578330 818830 807928
Revlsed Budget 1787344 18830730 18656190 842844
Total Resources Expendkures 17398074 17588074
Beg FurM 4011 Ending Fund
Local 8treet Fund W107 Balance Revenues 4011 ExpendlWres Balance
Adopted Budget 940806 2165000 2000000 1095808
BA1 Adopted oMinance 8381
BA2 Adopted ordinance 08382 400000 388218 1784
BAN ProPosed
Adj Begirmirg Fund 8alanceto Adual 721768 721768
Inaease Constnxdion projeds Tor 2009 AC Main Replacement proJeG 1101q
2017 Local SVeet Pavement PteservaUon Phase 115K andPhase 2
875K 1000000 7000000
BAN Total 721769 1000000 278291
Ravlsed Budget 2062576 2165000 9398216 818388
Total Resourcee I ExpendlWres 4217675 4217875
Beg Fund 2011 Ending Fund
Hotel Motel Fund 11704 8alance Revenues 2011 Expenditures Balance
Adopted Budget 118128 108800 209000 15726
BA7 Adopted ordlnanee 08561
BAN Adopted ordinance 98952
BM Proposed
Adj Beginning Fund Balarice to Adual 20274 20274
Reduce programexpenses 15000 15000
BAN Total 20274 15000 5274
Revlsed Budget 87862 106800 194000 10482
Total Resourcm Expendltures 204462 204482
ORD.A
BegFund 2011 Ending Fund
Arterlal Street PreservaUon Fund 108 Balance Revenues 2011 Expenditures Balance
Adopted Budget 93589 1801500 1500000 58089
BM1 Adopted ordinance 8351
BAN Adopted ordinanceg8362 8000 8000
BAN lProposedl
AdJ Begirming Fund Belance to Adual 472761 412761
BAN Total 412781 412781
Revlsed Budget 452350 1801800 1608000 447860
Total Resources I ExpendlWres 1883850 1985880
Beg Fund 2011 Ending Fund
Drug Forteiture Fund 117 Balance Revenues 2011 Expendkures Balance
AdoptedBudget 710847298700 498010 513217
BAA1 Adopted ordlnaoceA6S51
BAN Adopted ordinance q8352 47000 47000
aM Proposed
Adj Beginning FurM Balance to Adual 168633 168633
BA3 Total 188619 188839
Revised Budget 826180 288700 543010 881870
Total Resources I Expenditures 1224880 1224880
Bep Fund 2011 Ending Fund
Local Law EntorcemeM Blcek Grant Fund 118 Balance Revenuea 2011 Expenditures Balence
Adopted Bud9et 18488 18468
BA1 Adopted otdinanceA8381
BA2 Adopted ordinance 16362
BAfl3provosed
AdjBeginning Fund Balance to Actual 1029 1029
Reduce Estimated Transfer Oul to dose fund 1029 7 1029
BAN Total 1028 1028
Revised Budget 16439 16438
Total Resources Expenditures 15498 15439
Beg Fund 2011 Eriding Fund
Housing and Community Development Grant Fund 5178 Balance Revenues 2011 ExpendiWres Balence
Adopted Budget 88288 810000 542410 68878
BM1 Adopted ordinancel18S87
BA1t2 Adopted ordinance A6362 1480 1480
BAS ProPosed
AdJ Beginning Fund Balence to Adual 55987 55987
BAN Totel 65987 55887
Revlsed Budget 43289 810000 840950 12389
Total Resources ExpendlWres 563298 559288
ORD.A
BegFund 2011 Ending Fuod
Reereation TreilsFuml 0120 Balance Revenues 2011 Expendltures Balance
Adopted 13udget 8177 7200 18377
BAI Adopted ordinance 18961
8Af2 Adopted oMinance M8362
8A1Y3 proposed
Adj Beginning Fund Baiance to Actual 17 17
BA3 Tofal 17 17
Revlsed Budget 8184 7200 16394
Total Resources f Eupendkures 15394 75394
Beg Fund 2011 Ending Fund
Busineas Improvement Area Fund 121 Balance Revenues 2011 Expenditures Balance
Adopted Budget 44388 63100 84000 43498
BAA1 Adopted ordinance 08351
BAfl2Adopted oMinance A8352 512 8248 28000 84736
aeN3 Pcposed
Adj Beginniag Fund Balance to Aclual 91 91
BAtR9 Total 81 91
Revlsed Budget 44817 43862 80000 8889
Total Resources I Expenditures 88889 88888
BegFund 2011 Ending Fund
Cumulative Reserve Fund 122 Balanee Revenues 2011 Expenditures Balance
Adopted Budget 6823484 23000 44900 5801584
BA01Adoptedordlnance 08551
BAN Adopted ordlnance A8352 78480 78450
BAM proposel
Adj Beginning Fund Balance to Adual 30118 30118
Operating Trensfer Out to Go1F Course 400000 16 400000
BAfl3 Total 30118 400000 388882
Revlsed Budget 5752032 25000 625360 5231882
Total Resources Expendkures 5766032 5785012
Beg Fund 2011 Ending Fund
Mitlgatlon Fees Fund 124 8alance Revenuea 2011 Expendiwres Balance
Adopted Budget 3444879 800000 2878200 1886773
BA1 Adopted ordinance p8351
BA2 Adopted ordinance A8362 801170 807170
eaM proposed
AdJ Begirming Fund Balanoe to Actual 290693 290693
BAOS Total 290885 290883
Revlsed 8udget 4338858 900000 9280370 1958488
Total Resources 1 Expenditures 8238836 6238836
ORD.A
Beg Fund 2011 Ending Fund
1898 LlbraryFund A228 Baiance Revenues 2011 Expenditures 8alance
Adopted 8udget 338120 287200 288200 338120
BAfN Adopted ordinance 06351
BAN Adopted ordinance il6352
BAN Proaosed
AdJ BeginNng Fund Baianoe to Actual 292 06z1 292062
BAN Tofal 282082 292062
Revised Budget 48058 287200 288200 47058
Tofal Resourees Expenditures 333258 333258
Beg Fund 2011 Ending Fund
2010 Annex AB Bond Debt Fund 0230 Balance Revenues 2011 Expenditures Balance
Adopted Budget 1895800 1895800
BA1 Adopted ordlnance p8351
BAN Adopted ordlnance A8382
BAA3Proposed
Adj Beginning Fund Balance to Actual 104
BAn3 Total 104 104
Revised Budget 104 1886800 1895800 104
Total Resources Expendkures 1896704 1685704
Bep Fund 2011 Ending Fund
2010 CSD Local Revkellzation Debt Fund 0231 8alance Revenues 2011 ExpendlWres Balance
Adopted Budget 82800 884500 894300 82700
BAM Adopted ordlnance A6351
BAN Adopted ordinance M8S52
BAN Proposed
AdJ Beginnirig FurM 8alance to Adual 13901 13901
BAf13 Total 13901 13901
Revised Budget 78401 584500 884300 76601
Total Resourees Expenditures 670801870901
Beg Fund 2011 Ending Fund
LID Ouarentee Fund 0249 BatanceRevenues 2011 Expenditures Balance
Adopted Budget 83200 300 11000 52500
BA1 Adopted ordinance A8351
BAN Adopted ordinanee 6352
BAfl9 proposed
Adj Beginning Fund Balance to Actual 1087 1087
BAN Total 1087 1087
Revlsed Budget 84287 300 11000 87567
Total Resources I Ezpenditures 84687 84567
ORD.A
Beg Fund 2011 Ending Fund
LID 11260 250 Belance Revenues 2011 Expenditures Balance
Adopted Bud9et 347 58500 56400 447
BA7 Adopted ordinancef16381
BA02 Adopted ordinance A6382
BM Proposed
Adj Beginning Fund Balance to Aetual 38 38
BAq3 Total 58 39
Revlsed Budget 308 86600 86400 408
Total Resources Expenditures 56808 58608
BegFund 2011 Ending Fund
LID fl360 275 Batance Revenues 2011 Expenditures Balance
AdoptedBudget 7300 7300
BAA7 Adopted ordinance083b1
BAA2 Adopted ordinancel18352
BAN proposed
AdJ Beginning Fund Balarice to Actual 830 830
BWS Total 830 830
ReYlsed Budget 830 7300 7300 830
Total Resourees I Expenditures 8130 8130
Beg Fund 2011 Ertdinp Fund
Municipai PaAc Coristruction Fund l1921 Belanee Revenues 2071 Expenditures Balance
Adopted Budget 974368 18089200 19261700 201888
BA1 Adopted ordinance A6351
BA2 Adopted ordinance 06362 278120 2225280 2444400
BA113 propoaed
Ad18e9inning Fund Balance to Actual 246405 248405
Interlocal Grani KCCF for parksacquisklons 730000 130000
BA3 Total 248405 150000 118405
Revised Budget 347083 21444480 21708100 86463
Total ResourcesI Expendltures 21791683 21791563
ORD.A
Beg Fund 2011 Ending Fund
Capital ImprovemeMS Fund 9328 Balence Revenuas 2011 Expenditures Belance
Adopted Budget 3782206 1571000 2972600 2390708
BA7 Adopted ordinance A8961
BAM2 Adopted ordinanee 1I8352 2780640 2780840
ann31Potosedl
Adj Beginning Fund Balaroe to Actual 552078 552079
SourM Transit sale leaseback of parking spacesRea4654 7379770 1379710
ConstrucHon Projects Reduce budget for Traffic Calmirig Traific Signal Imp 125000 125000
Operating Trenser Oul to Fund 102 for CP1104 125000 13 125000
BAf3 Tota1 552078 1378710 1931789
Revlsed Budget 7124828 2950710 8763140 4322488
Totai Resources Expendkures 10075835 10075836
Beg Fund 2011 Ending Fund
Local RevitalizaUon Fund 330 Balance Revenues 2011 Expendlturea Balance
Adopted Budget 6336300 2559000 7888300
BA1 Adopted ordinanee A8151
BAA2 Adopted ordinance A8352 217710 838000 620290
BAN ProPosed
Adj Beginning Fund 8alance to Aclual 7 7
Transfer In irom Generel fund projed costs for Cilywide way finding CP0616 61000 9 61000
DecreasebudgetforPromenadeCP1005 1160000 1160000
Increase budget for Cily Hall Plaza CP0922 85000 85000
Deaease budget for Building Demo CP7014 977 977
Construction ProJects Main St LIgM Replacement 485000 485000
Construction ProJeas Cily Hall Nwth Plaza 475977 475877
Conslruction ProJeds Dorvntown CapitalEqulpment 35000 35000
conswaton ProJects Dowrrtown nrt 50000 50000
ConsUuclion Projeixs Citywide way flnding CP0818 furMed by Transter In from
General fund 81K and LRF 830K 97000 8 91000
BA3 Totai 7 81000 81000 7
Revlsed Budget 8117687 3482000 8889590 7
Total Resources Expenditures 8668587 8589597
ORD.A
BepFund 2011 Ending Fund
Water Fund 430 9alance Revenues 2011 Expendidires 8alance
Adopted Budget 18188788 10918400 27509320 2577279
BA07 Adopted ordinancel18S61
BAA2 Adopted ordinanee 08352 2113700 2081270 32430
BAM ProPosed
Adj Beginning Fund Balance to Adual 324188 324168
Build America Bonds Subsidy 162500 162500
Cell phone touvers lease agreemeMs 48500 46500
2010 Revemue Bond IrHerest 47580 47580
gpM Total 324188209000 47580 486588
Revlsed Budget 21806087 11127400 29838170 5086297
Total Resources Expendkures 32739487 32733487
Beg Fund 2011 Endinp Fund
SewerFund 0451 Balance Revenues 2011 Expenditures Balence
AdoptedBudget 10818244 17956300 25802100 3172444
BA01 Adopted ordlnance 08951 37000 37000
BAM2 Adopted ordinance 6952 2158800 2123810 33080
a11tt31ProPosedl
AdJ Beginning Fund Balance to AcWal 3046835 3048835
Build America Bonds Subsidy 72600 72600
Insurance Recoveries 32300 32300
2010 Revenue 8ond IMerest 21270 21270
Sewer pump replacemeM 8 emergency stnkhole repalrs 32300 32300
BAfKi Total 3046895 104900 53870 3088186
Revised Bud9et 16021879 18061200 27818480 6288699
Totai Resoumes ExpendlWres 34083178 34083179
Beg Fund 2011 Ending Fund
Storm Dralnage Fund 432 Balance Revenues 2011 Expenditures Belance
AdoptedBudget 7885882 7213700 15088960 1842732
BA1 Adopted ordinance I16351
BAA2 Adopted ordinance q8382 1304280 1284410 38860
Bm ProPosed
Adj Beginning FurW Balance to Acluat 795296 795298
Build Artlerica Bonds Subsidy 60800 60800
2010 Revenue Bond IMerest 17800 17800
StreeWegetalion Manager 50 SaIBen to Stortn Fund 40000 8 40000
BAfKi Total 795296 80800 87800 788288
Revlsed Budget 9795838 7274500 14388180 2880878
Total Resources Expenditures 17070038 17070038
ORD.A
Beg Fund 2011 Ending Fund
Solld Waste Fu11d ft494 Belance Revenuea 2011 Expenditums Balance
Adopted Budget 800408 8519800 9883470 490738
BA1Adopted ordinence A6351
BAfI Adopted oMinance 06352 8980 8980
BAfi3 propose
AdJ Beginning Fund Balance to AGual 24718 24718
Coadinated Preventlon Grant irom Department of Ecology 16230 14 16230
GraM tunded supplies and professional services program expensea 76230 14 16230
BAlKS Tolal 24718 16230 16230 24718
Revlsed Budget 778880 9530830 8890710 416010
Total Resouces Expenditures 70505720 10905720
BegFund 2011 Eeding Fund
Airport Fund 435 Balance Revenues 2011 Expenditures Belance
Adopted Budget 708342 838380 789180 678692
8AA1 Adopted ordlnance 08351
BA2 Adopted oMinance 68352 191700 406360 608080 10030
9AS ProPosed
Adj Beginning Fund Balanoe to Aciual 68987 88967
BA11S Total 88887 88987
Revised Budget 889009 1048710 1877270 897r468
Total Resources I Expenditures 2014759 2014738
Beg Fund 2011 Ending Fund
Cemetery Fund 0438 Belance Revenues 2011 ExpendUurea Balance
Adopted Budget 500328 824800 1078950 148188
BA1 Adopted ordinance 86361
BAf12 Adopted ordinance g8382 9080 9080
BAN ProPosed
Adj Begirming FurM Balanoe to Actual 176799 178799
Reduoe Operating ExpensessuPPlies small tools proTessfonal services
advertising 8 maintenance 28500 28500
BAN Total 178188 28500 147899
Revised Budget 124128 9248tl0 1041350 7879
Totel Resourcas I Expendltures 1048829 1048829
ORD.A
Beg Fund 2011 Ending Fund
GoH Course Fund f1437 Belance Revenues 2011 Expenditurea Balance
Adopted Budget 228688 1806200 1939380 95488
BA1 Adopted ordinance 08581
BAW Adopted ordlnance 86362 10840 10840
BAffi3 ProPosed
Adj Begirming Fund Balance to Aclual 224916 224918
Operating Transier In from CumulaUve Reserve Fund 122 400000 16 400000
BAq3 Total 224818 400000 176084
Revised Budget 3782 2208200 1828540 281412
Total Resources ExpendlWres 2208852 2209952
Beg Fund 2011 Endinp Fund
Insuronce Fund 501 8alance Revenues 2011 Ezpenditures Balance
Adopted Budget 2403088 3700 58700 2348089
BW1 Adopted ordinance 08361
BAN Adopted ordinance 88962
BA3 ProDosed
Adj Beginning Fund Balance to Adual 36237 38237
UrremploymeM Clalms 120000 120000
BA03 Total 36237 120000 168237
Revised Budget 2388832 3700 178700 2191832
Total ResourcesI Expendkures 2970532 2370532
Beg Fund 2011 Ending Fund
Faciliqes Fund fl605 8alance Revenues 2011 Expanditures Balance
Adopted Budget 307539 3999300 3880400 348438
BANI Adopted ordinance 8851
BA02 Adopted otdinance A8382 90000 26790 87110 4320
BAN Proposed
Adj Begiittting Fund Balance to Actual 377405 377405
Sound Transtt parking space expense reimbursement 12000 12000
Insurance Recovery for structurel repairs at Aubum Theater 22000 22000
Reduce paricing space lease ezpense 43000 43000
BAN Total 977405 34000 49000 464405
Revlsed Budget 714944 4080090 3978510 798524
Total Resources Expendltures 4776034 4776034
ORD.A
Beg Fund 2011 Ending Fund
Informadon Servlces Pund 0518 Batance Revenues 2011 Expenditures Balance
Adopted Budget 3 548577 4271870 S 720450 2097797
BAq1 Adopted ordinance fl8361 5800 5500
BAS2 Adopted ordinanee 08962 108000 217000 302080 22920
BAfl3 ProPosed
Ad18e9inning Fund Balance to Actual 295216 285216
IMertund Operating Charges for Survey GPS EquipmeM 6400 6400
Purchase CRW Upgrade 30000 30000
Addfflonat ITSfVideo Survelllance Soflware licensing maiMenance 6900 8900
Swvey GPS Equipment 6400 6400
BAM Tofal 298218 6400 45300 258316
Revised Budget 9949798 4800670 8071350 2879033
Total Resoureea Expenditures 8460363 8460385
BegFund 2011 Ending Fund
EqulpmeM Renml Fund b80 Balance Revenues 2011 Facpenditures Balence
Adopted Budget 4857654 2827100 4825800 2868984
BAAN Adopted ordinance t18351
BAN Adopted ordinance 08982 151600 144070 7510
BAN Proposed
Ad1 Be9irming Fund Batanoe to Aetual 816941 816941
Repairs 8 Mairrt Emetgency Removal M Poplar Trees ZO 200001
BAN Total 818841 20000 798841
Revlsed Budget 8828198 2821100 4989870 5888428
Total Resourees Expenditures 8883295 8883285
Beg Pund 2011 Ending Fund
Fire Penalon Fund 0811 Batance Reveoues 2011 ExpeodNures Balance
Adopted Budget 2788842 90000 148810 2732832
BAX1 Adopted ordinancel18381
BAN Adopted ordinanee A8352 240 240
B403 Droposed
AdJ Beginning Fund Balance to AcWal 9687
BAif3 Total 9881 8861
Revlsed Budget 2780181 90000 146870 2723811
Total Resouces Expenditures 2870181 2870181
ORD.A
Beg Fund 2011 Ending Fund
Cemetery Endowment Fund 701 Balance Revenues 2011 Expenditures Balance
Adopted Budget 1528982 54500 31300 1652182
BA1 Adopted ordinancei16S51
BAq2Adopted ordinance 8382
813proaosed
Adj 8eginning Fund Balarice to Adual 145 8145
BM13 Tofal 8146 6145
Revlsed Budget 1537107 64500 57300 1680307
Total Resources Expenditures 1691807 1681807
Beg Fuod 2011 Eeding Fund
Grand Total All Funds Belance Revenues 2011 Expenditures Balance
Adopted Budget 88 306188 154702653 203375808 39833003
BAg1 Adopted ordlnance p8351 51 500 777860 128360
BAp2 Adopted ordinance A8352 11357642 5741642 16784946 374338
BM WoPosed 10454281 3 026 87 7 2374861 11108231
RaylBed Budget 110118087 163822808 22271478 60927212
Total Resources 1 Expenditures 273840887 273840887
June 28 2011
Frepamd M Aubum Flnanwel Planning
FBWget DlreUOry12011 8ud9ePAn9fMmerd51BA9318ud9M Adjustmeda Summery
ORD.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4726
Date:
July 13, 2011
Department:
Public Works
Attachments:
Resolution No. 4726
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4726.
Background Summary:
Resolution No. 4726 authorizes the Mayor to negotiate and execute an agreement with
Burlington Northern Santa Fe Railway Company (BNSF) to construct and maintain the M
Street SE Underpass Project.
Per Federal Law, BNSF is required to contribute 5% of the railroad structure cost only to
the project, or $478,000.
O4.9.1 C201A
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:July 18, 2011 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A
RESOLUTION NO 4 7 2 6
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR TO
NEGOTIATE AND EXECUTE AN AGREEMENT WITH
BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY
BNSF FOR THE PURPOSE OF CONSTRUCTING AND
MAINTAINING THE M ST SE UNDERPASS PROJECT C201A
WHEREAS BNSF owns and operates a line of railroad in and through the
City of Auburn and
WHEREAS The City desires to improve the existing M St atgrade crossing
by constructing a new crossing at separated grades o be known as the M St
Underpass and
WHEREAS The existing M St atgrade crossing will be permanently
closed vacated and removed upon completion of construction and the placing in
service of said underpass and
WHEREAS the City is the lead agency responsible for the design
construction and maintenance of the underpass and
WHEREAS as required by federal law BNSF is required to contribute
478000 towards the construction of the Project
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Resolution No 4726
July 8 2011
Page 1 of 2
RES.A
Section 1 The Mayor is hereby authorized to negotiate and execute an
agreement with the Burlington Northem Santa Fe Railway Company for the purpose
of constructing and maintaining the M St SE Underpass Project in substantial
conformity with the agreement attached hereto marked as Attachment A antl
incorporated herein bythis reference
Section 2 That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of this
legislation
Section 3 That this Resolution shalltake effect and be in full force upon
passage and signatutes hereon
Dated and Signed this day of 2011
CITYOF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam
City
A ORM
Da el B Heid
City Attomey
Resolution No 4726
July 8 2011
Page 2 of 2
RES.A
UNDERPASS AGREEMENT
C201ABF10001657
M St Underaass AutiurnWA
BNSF File NoBF10001657
M St Underpass
US DOT No085157R
This Agreement Agreement is executed to be effective as of this day of
2011 Effective Date by and between BNSF RAILWAY COMPANY a Delaware corporation
BNSF and The City of Aubum a municipal corporation of the State of Washington The City
RECITALS
WHEREAS BNSF owns and operates a line of railroad in and through The City of Aubum State of
Washington
WHEREAS The City desires to improve the existing M St atgrade crossing by constructing a new
crossing at separated grades to be known as the M St Underpass and designated as DOT No
085157R and
WHEREAS The existing M St atgrade crossing will be permanentty closed vacated and removed upon
completion of construction and the placing in service of said underpass
NOW THEREFORE in consideration of the mutual covenants and agreements of the parties contained
herein the receipt and sufficiency of which are hereby acknowledged the parties agree as follows
ARTICLE I SCOPE OF WORK
1 The term ProjecY as used herein includes any and all work related fo the construction of the
proposed M St Underpass hereinafter referred to as the Structure more particularly described on the
Exhibit A attached hereto and incorporated herein including but not limited to any and all changes to
felephone cable fiber optic signal and electrical lines and appurtenances temporary and permanent
track woilc fencing grading alterations to ornew construction of drainage facilfies preliminary and
construction engineering and contract preparation At times during eonstruction of the Structure vehicular
traffic will be excluded from the use of M St SE between 4h St SE and 6h St SE and rail traffic will be
temporarily relocated on a shoofly in the existing BNSF righfofway Additionally temporary controls
during construction must be in compliance wifh Section 8A5 Traffic Controls During Construction and
Maintenance of the Uniform Traffic ControlDeVices Manual US Department of Transportation
ARTICLE II BNSF OBLIGATIONS
In considerafion of the covenants of The City set forth herein and the faithful performance thereof BNSF
agrees as follows
1 In consideration of the faithful performance of The Gitys covenants contained herein BNSF
hereby grants to The Gity its successors and assigns upon and subject to fhe terms and conditions set
Resolution No 4726
Attachment A
July 8 2011
Page 1 of 33
RES.A
forth in this Agreement a temporary nonexclusive license hereinafter called Temporary Construction
License to construct the Structure across or upon the portion of BNSFs rightofway described further
on Exhibit A excepting and reserving BNSFs rights and the rights of any others who have obtained or
mayobtain permission or authority from BNSF to do the following
a Operate maintain renew andor relocate any and allexisting railroad track or tracks wires
pipelines and other facilities of like character upon over or under the surface of said rightof
way
b Construct operate maintain renew andor relocate upon said rightofway without limitation
such facilitiesas the BNSF inay from time to time deem appropriate provided such facilities
do not materially interfere with The Citys use of the Structure
c Otherwise use or operate the rightofway as BNSF inay from time to time deem appropriate
provided such use or operations does not materially intertere with The Citys use of the
Structure
Prior to commencing any work on BNSFs property or rightofway The City must pay BNSF the
sum of thirty four thousand ninety three and No100 Dollars 34093 as compensation for the
Temporary Construction License The term of the Temporary Construction License begins on the
Effective Date and ends on the eaclier of i substantial comPletion of the Structure or ii thirtysix 36
months following the Effective Date The Temporary Construction License and related rights given by
BNSF to The City in this provision ace without warranty of title of any kind express or implied and no
covenant of warranty of title will be implied from the use of any word or words herein contained The
Temporarv Construction License is for construction of the Structure onlv and shall not be used bv The
City for any other pumose The City acknowledges and agrees that The City shall not have the right
under the TemporaryConstruction License to use the Structure In the event The City is evicted by
anyone owning or claiming title to or any interest in said rightofway BNSF will not be liable to The City
for any damages losses or any expenses of any nature whatsoever The granting of similar rights to
others subsequent to Ehe date of this Agreement will not impair or interfere with the rights granted to The
City herein
Upon receiving the payment from The City described in the subsequent paragraph and provided
The City is in compliance with the tecros and conditions of this Agreement BNSF will grant to The City its
suecessors and assigns easements hereinafter called the Easement to enter upon and use that
portion of BN3Fs rightofway as is necessary to use and maintain the Structure substantially in the form
of Exhibit B attached to this Agreement The City must pay BNSF the sum of One hundred four thousand
five hundred one and No100 Dollars 10450100 as comPensation for the Easement within thirty 30
days of issuing a Notiee to Proceed pursuant to Article III Section 17 of this Agreement If The City fails
to pay BNSF within the thirty day time period set forth in the preceding sentence BNSF inay stop
construction of the Project until full payroent is received by BNSF
2 BNSF will furnish all labor materials tools and equipment for railroad work required for the
construction of the Project such railroad work and the estimated cost thereof being as shown on Exhibit
D attached hereto and made a part hereof 1n the event consfniction on the Project has not commenced
within six 6 months following the Effective Date BNSF inay in its sole and absolute discretion revise
the cost estimates set forth in said Exhibit D In such event the revised cost estimates will become a part
of this Agreement as though originally set forth herein Any item of work incidental to the items listed on
ExhibitD not specifically mentioned therein may be included as a part of this Agreement upon written
approval of The Ciry which approval will not be unreasonably withheld Construction of the Project must
include the following railroad work by BNSF
a Procurement of materials equipment and supplies necessary for the railroad work
Resolution No 4276
Attachment A
July 8 2011
Page 2 of 33
RES.A
b Review of preliminary engineering design and preparation of BNSF contract documents
c Fumishing flagging services as required and set forth in further detail on Exhibit C
d Fumishing engineering and inspection as required in connection with the construction of the
Project
e Removal of the existing M St atgrade crossing including removal of the automatic waming
devices and obliteration of the crossing between the rails and finro feet outside thereof
fl Providing a contract project coordinator at The Citys expense to serve as a project
manager for the Project
g Constnaction and removal of Shoofly tracks and ballast for one main track and one siding
track including the lining oyer and lining back of portion5 of the existing main tracks
h Removal and replacement of approximately 3000 feet of main track and siding track though
M St
i Installation of one temporary crossing of the tracks for use by the construction contractor
Q Intentionally left blank
k Intentionally left blank and
I Intentionally left blank
3 BNSF will do all railroad work set foth in Article II Section 2 above on an actual cost basis when
BNSF in its sole discretion determinesit is required by its labor agreements to perform such work with its
own employees worRing under applicable collective bargaining agreements
4 The City agrees to reimburse BNSF for work of an emergency nature caused by The City or The
Citys contractor in connection with the Project which BNSF deems is reasonably necessary for the
immediate restoration ofi railroad operations or for the prqtection of persons or BNSF property Such
work may be performed by BNSF without prior approval of The City The City agrees to fully reimburse
BNSF for all such emergency work and BNSF agrees to immediately notify the City of all such
emergency work
5 BNSF inay charge The City for insurance expenses including selfinsurance expenses when
such expenses cover the cost of Emplqyers Liability including without limitation liability under the
Federal Employers Liability Act in connection with the construction of the Project Such charges will be
considered part of the actual cost of the Project regardless of the nature oramount of ultimate liability for
injury loss or death to BNSFs employees if any
6 During the construction of the Project BNSF will send The City progressive invoices detailing the
costs of the railroad work performed by BNSF under this Agreement Unless the City disputes any
charges or requests additional information fromBNSF the City must reimburse BNSF for completed
orceaccount work within thirty 30 days of the date of the invoice for such work Once any disputes are
resolved or the requested additional information provided the City will remit payment within thirty 30
days Upon cornpletion of the Project BNSF will send The Gity a defailed invoice of final costs
segregated as to labor and materials for each item in the irecapitulation shown on Exhibit D Pursuant to
this section and Article IV Section 7 herein TFie City must pay the final invoice within ninety 90 days of
the date of the fnal invoice unlessthe City disputes any charges or requests additional information from
BNSF Once any disputes are resolved or the requested additionalinformation provided the City will
remit final invoice payment within ninety 90 days BNSF will assess a finance charge of 033 per day
120o per annum on any unpaid sums or other charges due under this Agreement which are past its
Resolution No 4276
Attachment A
July 8 2011
Page 3 of 33
RES.A
credit terms The fnance charge continues to accrue daily until the date payment is received by BNSF
not the date payment is made or the date postmarked on the payment Finance charges will be assessed
on delinquent sums and other charges as of the end of the month and will be reduced by amounts in
dispute and any unposted payments received by the months end Finance charges will be noted on
invoices sent to The City under this section
ARTICLE III THECITY OBLIGATIONS
In consideration of the covenants of BNSF set forthherein and the faithful pertormance thereof The City
agrees as follows
1 The City must fumish to BNSF plans and specifications for the Project One digital copy on CD or
memory stick with two 2 sets of said plans reduced size 11 x 17 together with finro copies of
calculations and two copies of spesifcations in English Units must be submitted to BNSF for approval
prior to commencement of any construction BNSF will give The City final written approval of the plans
and specifications substanfially in the form of Exhibit E attached fo this Agreement and made a part
hereof Upon BNSFs final written approval of the plans and specifications said plans and specifications
will become part of this Agreement and are hereby incorporated herein Any approval of the plans and
specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product
design andor construction Any approval by BNSF shall mean only that the plans and specifications
meet the subjective standards of BNSF and such approval by BNSF shall not be deemed to mean that
the plans and specifications or construction is structurally sound and appropriate or that such plans and
specifications meet applicable regulations laws statutes or local ordinances andor building codes
2 The City must make any requiretl application and obtain all required permits and approvals for the
construction of the Project
3 The City must provide for and maintain minimum vertical and horizontal clearances as required
and approved by BNSF as part of the plans and specifications for fhe Project
4 The City must acquire all rights of way necessary for the construction of the Project
5 The City must make any and all arrangements for the installation or relocationof wire lines fiber
optic cable pipe lines and other facilities owned by privatepersons companies corporations political
subdivisions or public utilifies other than BNSF which may be necessary for the construction of the
Project
6 The City must construct the Project as shown on the attached Exhi6it A and do all work The
Citys Work provided for in the plans and specifications for the Project except railroad work that will be
perFormed by BNSF hereunder The City must fumish all labor materials tools and equipment for the
pertormance of The Citys 1Norlc The pnncipal elements of The Citys Work are as follows
a Construction of two railroad single track bridges
b Relocation of utilities as required to support the project
c All necessary grading and paving including backfill of excavations and restoration of
disturbed vegetation on BNSFs rightofway
d Placement of of su6 6allast minimum thickness six 6 inches and maximum thickness
twelve 12 inches on all track roadbeds for the shooflys and for the permanent
replacement of the main traek and siding track
Resolution No 4276
Attachment A
July 8 2011
Page 4 of 33
RES.A
e Placement of a waterproof inembrane on the deck of the Structure and after the
placement of such waterproofing membrane placement ofa layer of crushed rock 6allast
not to exceed six 6 inches in thickness on the deck of the Structure
fl Provide suitable drainage both temporary and permanent
g Installation of a gate in the fence along the north boundary of BNSFs right of way in
order to provide BNSF with permanent access for maintenance purposes
h Temporary Installation of KRail Jersey barriers and chain link fencing along M St
between the tracks and the traveled roadways
i Temporary Installation of a chain link fencebarrier separating the active rail line from the
rail line on which construc6on activities are taking place
j Setting centerline stakes and offsets prior to Railway forces constructing the track on the
shoofly
k Provide appropriate pedesfian control during construction
I Intentionally left blank
m Intentionally left blank
n Job site cleanup including removal of all construction materials concrete debris surplus
soil refuse contaminated soils asphalt debris litter and other waste materials to the
satisfaction of BNSF
o Perform all other work not specffically mentioned as work to be performed by BNSF
necessary to complete the project in accordance with the project plans and
specifications
7 The City must apply and maintain said DOT Crossing number 085157R in a conspicuous
location on the Structure
8 The CitysWork must be pertormed by The City or The Citys contractor in a manner that will not
endanger or interFere with the safe and timely operations of BNSF and its facitities
9 For any future inspection or maintenance either routine or otherwise performed by
subcontractors on behalf of The City The City shall require the subeonfractors to execute the Exhibit C
documents Prior to performing any future maintenance witfi its own personnel The City shall comply
with alf of BNSFs applicable safety rules and regulations require any The City employee pertorming
maintenance to complete the safety training program at the BNSFs Internet Website
contractororientationcom notify BNSF when pursuant fo the requirements of Exhibit C a flagger is
required to be present procure and have approved by BNSFs Risk Management Department Railroad
Protective Liability insurance
10 In order to prevent damage to BNSF trains and property The City must require its contractors to
notify BNSFs Roadmaster af least thirty 30 calendar days prior to requesting a BNSF flagman in
accordance with the requirements of Exhibit Cattached hereto Additionally The City must require its
contractors to notify BNSFs Manager of Pu61ic Projects thirty 30 calendar days prior to commencing
work on BNSF property or near BNSF tracks
11 The City or ifs contractors must submit four 4 copies of any plans including two sets of
calculations in English Units for Proposed shoring or cribbing to be used over under or adjacent to
BNSFs tracks to BNSFs Manager of Pu61ic Projects for approval The shoring or cribbing used by The
Resolution No 4276
Attachment A
July 8 2011
Page 5 of 33
RES.A
Citys contractor shall comply with BNSF Bridge Requirements set forth on Exhibit F attached to this
Agreement and incorporated herein Additionally the shoring and cribbing must comply with all
applicable requirements promulgated by state and federal agencies departments commissions and other
legislative bodies
12 The City musf include the following provisions in any contracf with its contractors pertorming
work on said Project
a The Contractor is placed on notice that fiber optic communication and other cable
lines and systems collectively the Lines owned by various telecommunicafions
companies may be buried on BNSFs property or rightofway The locations of these
Lines have been included on the plans based on informationfrom the
telecommunications companies The contractqr will be responsible for contacting
BNSFs Engineering Representative Thomas Julik 2535912563 BNSFs Signal
Representative Eric Shaftstall 2062723771 and the telecommunications
companies and notifying them of any work that may damage these Lines or facilifies
andor intertere with their service The contractor must also mark all Lines shown on
the plans or marked in the field in order to verify their locations The contractor must
also use all reasonable methods when working in the BNSF rightofway or on BNSF
property to determine if any other Lines fiber optic cable communication or
otherwise may exist
b The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interFere with the construction The Contractor must cooperate fully
with any telecommunications company ies in pertorming such rearrangements
c Failure to mark or identify these Lines will be sufficient cause for BNSFs engineering
representative Thomas Julik 2535912563 to stop construction at no cost to The
City or BNSF until these items are completed
d In addition to the liability terms contained elsewhere in this Agreement the City shall
require the Gontractor to hereby indemnify defend and hold harmless BNSF for from
and against all cost liability and expense whatsoever including without limitation
attomeys fees and court costs and expenses arising out of or in anyway contributed
to by any act or omissiqn of Contractor its subcontractors agents andor employees
that cause or in any way or degree contribute to 1 any damage to or destruction of
any Lines by Contractor andor its subcontractors agents andor employees on
BNSFs property or within BNSFs rightofway 2 any injury to or death of any
person employed by or on behalf of any telecommunications company andor its
contractor agents andor employees on BNSFs property or within BNSFs rightof
way andor 3 any claim orcause of action for alleged loss of profits or revenue by
or loss of service by a customer or user of such telecommunication companyies
THE LIABILITY ASSUMED BY CONTRACTOR WILL APPLY ONLY TO THE EXTENT OF THE
NEGLIGENCE OF CONTRACTOR ITS AGEfVT OR EMPLOYEES AND 1MLL NOT BE AFFECTED
BY THE FACT IFITIS A FACT THAT THE DAMAGE DESTRUCTION INJURY DEATH CAUSE OF
ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
BNSF ITS AGENTS SERVANTS EMPLOYEES OR OTHERWISE EXCEPT TO THE EXTENT THAT
SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE
NEGLIGENCE OF BNSF
It is mutually negotiated between the parties that the indemnification obligation shall include all
claims brought by Contractors employees against BNSF its agents servants employees or
Resolution No 4276
AttachmentA
July 8 2011
Page 6 of 33
RES.A
otherwise and Contractor expressly waives its immunity under the industrial insurance act RCW
Title 51 and assumes potential liability for all actions brought by its employees
13 The City must require compliance with the obligations set forth in this agreement including
Exhibit C and Exhibit C1 and incorporate in each prime contract for construcfion of the Project or the
specifications therefore i the provisions set fortfi in Article III ii the provisions set forth in Article N and
iii the provisions set forth in Exhibit C and Exhibit CI attached hereto and by reference made a part
hereof
14 Except as otherwise provided below in this Section 14 all construction work pertormed hereunder
by The City for the Project will be pursuant to a contract or contracts to be let by The City and all such
contracts must include the following
a All work performed under such contract or contracts within the limits of BNSFs rightof
way musf be performed in a good and workmanlike manner in accordance with plans and
specifications approved by BNSF
b Changes or modifications during construction tHat affect safety or BNSF operations will
be subject to BNSFs approval
c No work will 6e commenced within BNSFs righfofway until each of the prime
contractors employed in connection with said work must have i executed and delivered
to BNSF a letter agreement in the form of Exhibit CI and ii delivered to and secured
BNSFs approval ofthe required insurance and
d To facilitate scheduling for the Project The City shall have its confactor give BNSFs
representative Thomas Julik 2535912563 2 riveeks advance notice of the pioposed
times and dates for work windows BNSF and The Citys contractor will establish
mutually agreeable work viiindows for the Project BNSF has the right at any time to
revise or change the work windows due to train operations or service o6ligations BNSF
will not be responsible for any additional costs and expenses resulting ftom a change in
work windows Additional costs and expenses resulting from a change in work windows
shall be accounted for in the contractors expenses for the Project
e The plans and specifications for the Project must be in compliance with the Bridge
Requirements set forth on Exhibit F
15 The City must advise the appropriate BNSF Manager of Public Projects in writing of the
completion date of the Project within thirty 30 days after such completion date Additionally The City
must notify BNSFs Manager of Public Projects in writing ofthe date on which The City andor its
Contractor will meet with BNSF for the purpose of making final inspection of the Project
16 TOTHE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF WASHINGTON
THE CITY HEREBY RELEASES INDEMNIFIES DEFENDS AND HOLDS HARMLESS BNSF ITS
AFFILIATED COMPANIE3 PARTNERS SUCCESSORS ASSIGNS LEGAL REPRESENTATNES
OFFICERS DIRECTORS SHAREHOLDERS EMPLOYEES AND AGENTS FOR FROM AND
AGAINST ANY AND ALL CLAIMS LIABILITIES FINESPENALTIE8 COSTS DAMAGESLOSSES
UENS CAUSES OF ACTION SUITS DEMANDS JUDGMENTS AND EXPENSES INCLUDING
WITHOUT LIMITATION COURT COSTS AND ATTORNEYS FEES OF ANY NATURE KIND OR
DESCRIPTION OF ANY PERSON INCLUDING WITHOUT LIMITATION THE EMPLOYEES OF THE
PARTIES HERETO OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF RESULTING FROM
OR RELATED TO IN WHOLE OR IN PART I THE USE OCCUPANCY OR PRESENCEOF THE
CITY ITS CONTRACTORS SUBCONTRACTORS EMPLOYEESOR AGENTS IN ON OR ABOUT
THE CONSTRUCTION SITE II THE PERFORMANCE OR FAILURE TO PERFORM BY THE CITY
ITS CONTRACTORS SUBCONTRACTORS EAAPLOYEES OR AGENTS ITS WORK OR ANY
Resolution No 4276
Attachment A
July 8 2011
Page 7 of 33
RES.A
OBUGATION UNDER THIS AGREEMENlT III THE 50LE OR CONTRIBUTING ACTS OR
OMISSIONS OF THE CITY ITS CONTRACTORS SUBCONTRACTORS EIIAPLOYEES OR AGENTS
1N ON OR ABOUT THE CONSTRUCTION SITE Iv THE CITYS BREACH OF THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT GRANTED TO THE CITY PURSUANT TO ARTICLE II OF
THIS AGREEMENT M ANY RIGHTS OR INTERESTS GRANTED TO THE CITY PURSUANT TO THE
TEMPORARY CONSTRUCTION LICENSE OR EAEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT VI THE CITYS OCCUPATION AND USE OF BNSFS PROPERTY OR RIGHTOF
WAY INCLUDING WITHOUT LIMITATION SUBSEQUENT MAINTENANCE OF THE STRUCTURE
BY THE CITY OR VII AN ACT OR OMISSION OF THE CITY OR ITS OFFICERS AGENTS
INVITEES EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED
BY ANY OF THEM OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER THE LIABILITY
ASSUMED BY THE CITY WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF THE CITY
ITS AGENTS OR EMPLOYEE AND THIS WILL NOT BE AFFECTED BY THE FACT IF IT IS A
FACT THAT THE DAMAGE DESTRUCTION INJURY OR DEATH WAS OCCASIONED BY OR
CONTRIBUTED TO BY THE YVEGLIGENCE OF BNSF ITS AGENTS SERVANTS EMPLOYEES OR
OTHERWISE EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY
THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF
it is mutually negotiated between the parties that the indemnification obligation shall include all
claims brought by The Citys employees against BNSF its agents servants employees or
otherwise and The City expressly waives its immunity under the industrial insurance act RCW
Title 51 and assumes potential liability for all actions brought by its employees
17 The City must give BNSFs Manager of Public Projects written notice to proceed with therailroad
work after receipt of necessary funds for the Project BNSF will not begin the railroad work including
without limitation procurement of supplies equipment or materials until written notice to proceed is
received fromThe City
18 Intentionally left blank
19 Intentionally left blank
ARTICLE IV JOINT OBLIGATIONS
IN CONSIDERATION of the premises the parties hereto mutually agree to the following
1 All work contemplated in this Agreement must be performed in a good and workmanlike manner
and each portion must be promptly commenced by the party obligated hereunder to pertorm the same
and thereafter diligently prosecuted to conclusion in its logical order and sequence Furthermore any
changes or modifications during construction which affect BNSF will be subject to BNSFs approval prior
to the commencement of any such changes or modifications
2 The work hereunder must be done in accordance with the Bridge Requirements set forth on
Exhibit F and the detailed plans and specifications approved by BNSF
3 The City must require its contractors to reasonably adhere to the Projects construction
schedule for all Project work The parties hereto mutually agree that BNSFs failure to complete the
railroad work in accordance with the construction schedule due to inclement weather or unforeseen
railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to
any liability Regardless of the requirements of the construction schedule BNSF reserves the right to
reallocate the labor forces assigned to complete the railroad worlc in the event of an emergency to provide
fbr the immediate restoration of railroad operations BNSF or its related railroads or to protect persons or
property on or near any BNF owned property BNSF will not be liable for any additional costs or
expenses resultingfrom any such reallocation of its labor forces The parties mutually agree that any
Resolution No 4276
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RES.A
reallocation of laborforces by BNSF pursuant fo this provision and any direct or indirect consequences or
eosfs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF
4 BNSF will have the right to stop construction work on the Project if any of the following events
take place i The City or any of its contractors performs the Project work in a manner contrary to the
plans and specifications approved by BNSF ii The City or any of its contractors in BNSFs opinion
prosecutes the Project work in a manner which is hazardous to BNSF property facilities or the safe and
expeditious movement of railroad traffic iii the insurance described in the attached Exhibit C1 is
canceled during the course of the Project or iv The City fails to pay BNSF for the Temporary
Construction License or the Easement pursuant to Article II Section 1 of this Agreement The worlc
stoppage will continue until all necessary actions are taken by The Gity or its contractor to rectify the
situation to the satisfaction of BNSFs Division Engineer or until additional insurance has been delivered
to and accepted by BNSF In the event of a breach of i this Agreement ii the Temporary Construction
License or iii the Easement BNSF inay immediately teRninate the Temporary Construction License or
the Easement Any such work stoppage under this provision will not give rise to any liability on the part of
BNSF BNSFs right to stop the work is in addition to any other rights BNSF inay have including but not
limited to actions or suits for damages orlost profits In the event that BNSF desires to stop construction
work on the Project BNSF agrees to immediately notify the following individual in writing
Jacob Sweeting Project Engineer
City of Aubum
25 West Main Street
Auburn WA
98001
5 The City must supervise and inspect the operations of all The City contractors to assure
compliance with the plans and specifications approved by BNSF the terms of this Agreement andall
safety requirements of the BNSF railroad If BNSF determines that proper supervision and inspection is
not being pertormed by The City personnel at any time during construction of the Project BNSF has the
right to stop construction within or adjacent to its operating rightofway Construction of the Project will
not proceed until The City corrects the situafion to BNSFs reasonable satisfaction If BNSF feels the
situation is not being coITected in an expeditious manner BNSF will immediately notify the persons
listed above for appropriate corrective action
6 BNSF will contribute 47800000 hereinafter refeRed to as BNSFs Share towards the
total cost of the Project BNSFs Share was negotiated with the City based on the costs for preliminary
engineering rightofway and construction within the following limits
a Where a grade crossing is eliminated by grade separation the structure and approaches
required to transition to a theoretical highway profile which would have been constructed if
there were no railroad present for the number of lanes on the existinghighway and in
accordance with the current design standards of the appropriate state highway and
b Where another facility such as a highway or waterway reguiring a bridge structure is located
within the limits of a grade separation project the estimated cost of a theoretical structure
and approaches as described in 23 CFR 646210c1 to eliminate the railroadhighway
grade crossing without considering the presence of the waterway or other highway
Additionally local sfate and federal funds will be used in the constcuction of the Project The total actual
cost of construction for the Project is presently estimated to be 23352538 more particularly described
together with BNSFs Share on Exhibit G attached hereto and incorporated herein
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7 Pursuant to this section and Article II Section 6 herein The Gity must out of funds made
available to it for the construction of the Project reimburse BNSF in full for the actual costs of all work
performed by BNSF under this Agreement less BNSFs Share as set forth in Article IV Section 6 herein
BNSFs Share must be paid upon completion of the Projecf
8 All expenses detailed in statementssent to The City pursuant to Article II Section 6 herein will
comply with the terms and provisions of the FederalAid HighwayProgram Manual US Department of
fransportation as amended from time to time which manual is hereby incorporated into and made a part
of this Agreement by reference The partiesmutually agree that BNSFs review of preliminary
engineering design and contract preparation costs described in Article II Section 2 herein are part of the
costs of theProject even though such work may have preceded the date ofthis Agreement
9 The parties mutually agree that no construction activities for the Project nor future maintenance
of the Structure once completed will be permitted during the fourth quarter of each calendar year without
prior written approval from BNSF Emergency work will be permitted only upon prior notfication to BNSFs
Network Operations Center telephone number 8008325452 The parties hereto mutually understand
and agree that trains cannot be subjected to delay during this time period
10 Subject to the restrictions imposed by Article IV Section 9 above the constnaction of the Project
will not commence until The Cify gives BNSFs Manager of Public Projects thirty 30 days prior written
notice of such commencement The commencement notice will reference BNSFs file number
and DOT Crossing No 085157R and must state the time that construction
activities will begin
11 In addition to the terms and conditions set forth elsewhere in this Agreement including but not
limited to the terms and conditions stated in Exhibit F BNSF and The City agree to the following terms
upon completion of construction of the Project
a BNSF will at its sole cost and expense accept own and maintain its roadbed track any
access gates installed pursuant to the Project railroad drainage and all other railroad
facilities
b The City will own and maintain at its sole cost and expense the Structure except those
items listed inArticle IV Item 11a the highway approaches and appurtenances thereto
lighting drainage and any access roadways to BNSF gates installed pursuant to this
Agreement BNSF inay at its option perform maintenance on the Structure in order to
avoid conflicts withtrain operations BNSF will notify The City prior to performing any
such maintenance on the Structure In the event such maintenance involves emergency
repairs BNSF will notify Ttie City at its earliest opportunity The City must fully reimburse
BNSF for thecosts of maintenance performed 6y BNSF pursuant to this subsection b
c The City must at The Gitys sole cost and expense keep the Structure except those
items listed in Article IV Item 11a painted and free from graffiti
d The City must apply and maintain vertical clearance signs which consistenUy and
accurately describe the minimum actual vertical clearance from the bottom of the
Structure to the top of any pavement
e The City agrees to reimburse BNSF for the cost of track surfacing due to settlement
caused by the construction of the Structure for a period not fo exceed two 2 years from
the date of final inspection pursuant to Article III Section 14
Resolution No 4276
Attachment A
July 8 2011
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RES.A
fl The City must provide BNSF with any and all necessary permits and maintain roadway
traffic controls at no cost to BNSF whenever requested by BNSF to allow BNSF to
inspect the Structure except those items listed in Article IV Item 11a or to make
emergency repairs thereto
g It is expressly understood by The City and BNSF that any right to install utilities within
BNSF rightofway will be govemed by a separate permit or license agreement between
the parties hereto
h The City must keep the Structure except those items listed in Article IVItem 11a and
surrounding areas cleanand free from birds pigeons scavengers vermin creatures and
other animals
i If The City including its confractors and agents or BNSF on behalf of The City perfoRns
i alterations or modcations to the Structure or ii any maintenance oc other work on
the Structure with heavy tools equipment or machinery at ground surface level
horizontally within 250 of the centerline of the nearest track or iii any maintenance or
other work to the superstructure of the Structure then The City or its contractors andor
agents must procure and maintain the following insurance coverage
Raikoad Protective Liability insurance naming only the Railroad as the Insured with
coverage of at least 5000000 per occurrence and 10000000 in the aggregate The
policy must be issued on a standard ISO form CG 00 35 10 93 and include the following
Endorsed to include the Pollution Exclusion Amendment ISO form CG 28 31 10 93
Endorsed to include the Limited Seepage and Pollution Endorsement
o Endorsed to remove any exclusion for punitive damages
No other endorsements restricting coverage may be added
The original policy must be provided to the Raflroad prior to performing any work
or services under this Agreement
As used in this paragraph Railroad means Burlington Northem Santa Fe Corporation
BNSF RAILWAY COMPANY andthe subsidiaries successors assigns and affiliates of each
Inlieu of providing a Railroad Protective Liability Policy The City may participate in BNSFs
Blanket Railroad Protective Liability InsurancePolicy ifavailable to The City or its contractors
The limits of coverage are the same as above
12 The City hereby grants to BNSF at no cost or expense to BNSF a permanent right of access
from TheCity property along the BNSF tracks withinthe project limits to BNSF tracks for maintenance
purposes
13 The City must provide one set of as printed built plans prepared in English Units to BNSF as
welf as a CD or memory stick containing as built CAD drawings of theStructure and identifying the
software used for the CAD drawings Tiie as 6uilt plans musYcomply with the Bridge Requirements set
forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses The as
built plans must also include plan and profile structuraf bridge drawings and speeifications and drainage
plans All improvements and facilities must be shown
14 Subject to the restrictions imposed byArticle IV Section 9 above The City must notify and obtain
prior authorization from BNSFs Manager of Public ProjectS before entering BNSFs rightofway for
Inspection or Maintenance purposes and the BNSF Manager of Public Projects will defermine if
flagging is required If the construction work hereunder is contracted The City must require its prime
contractors to comply with the obligations set forth in Exfiibit C and Exhibit C1as the same may be
Resolution No 4276
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July 8 2011
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RES.A
revised from fime to time The City will be responsible for its contractors complianoe with such
obligations
15 BNSF inay at its expense make future changes or additions to the railroad components of the
Sfructure if necessary or desirable in BNSFs sole discretion including without limitation the following i
the right to raise or lower the grade or change the alignment of its tracks ii the right to lay additional
frack or tracks or iii the right fo build other facilities in connection with the operation of its railroad Such
changes or additions must not change or alter the highway components of the Structure If it becomes
necessary or desirable in the future to change alter widen or reconstruct the highway components of the
Structure to accommodate railroad projects the cost of such work including any cost incidental to
alteration of railroad or highway facilities made necessary by any such changes to the Structure will be
divided befinreen BNSF and The City in such shares as may be mutuallyagreed to by the parties hereto
16 The City may at The Citys sole expense and discrefionalter or reconstruct the highway
components of the Structure if necessary or desirable due to traffc conditions or pedestrian or other
recreational traffic provided however that any such alteration or reconstruction must not encroach
further upon or occupy the surface of BNSFs rightofway to a greater extent than is contemplated by the
plans and specifications to be approved by BNSF pursuant to Article III Section 1 herein without
obtaining BNSFs prior written consent and the execution of a supplement to this Agreement or the
completion of a separafe agreemenf
17 Any books papers records andaccounts of the parties hereto relating to the work hereunder or
the costs or expenses for labor and maferial connected with the construction will at alfreasonable times
be open to inspection and audit by the agents and authorized cepresentatives of the parties hereto as
well as the State of Washington and the Federal Highway Administration for a period of three 3 years
ftom the date of final BNSF invoice under this Agreement
18 The covenants and provisions of this Agreement are binding upon and inure to the benefit of the
successors and assigns of the iparties hereto Notwithstanding fhe preceding sentence neither parfy
hereto may assign any of its rights or obligations hereunder without the prior written consent of the other
partY
19 In the evenY construction of the Project does not commence within finrelve 12 months of the
Effective Date this Agreement will become null and void
20 Neither termination nor expiration of this Agreement will release either party from any liability or
obligation under this Agreement whether of indemnity or otherwise resulting from any acts omissions or
events happening prior to the date of termination or expiration
21 Tothe maximum extent possible each provision of this Agreement will be interpreted in such a
manner as to be effective and valid under applicable law If any provision of this Agreement is prohibited
by or held to be invalid under applicable law such provision will be ineffective solely to the extent of
such prohibition or invalidity and the remainder of the proVision will be enforceable
22 This Agreement including exhibits and other documents manuals etc incorporated herein is
the fulf and completeagreement befinreen BNSF and The Ciiy with respect to the subject matter herein
and supersedes any and all other prior agreements befinreen the parties hereto
23 Any notice provided or herein or concerning this Agreement must be in writing and will be
deemed sufficienfly given when sent in PDF format emailed to the parties at the following addresses
BNSF Railway Company BNSFs Manager of Public Projects
Resolution No 4276
Attachment A
July 8 2011
Page 12 of 33
RES.A
Richard W Wagner
RichardWagnerMBNSFcom
The City Project Engineer
Jacob Sweeting
isweeting@tiuburiiwagov
Resolution No 4276
Attachment A
July 8 2011
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RES.A
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed and
attested 6y its duly qualified and authorized officials as of the day and year first above written
BNSF RAILWAY COMPANY
By
Printed Name Sanford Sextus
Title VP of Engineering for BNSF Railway
WITNESS
THE CITY
CITY COUNTY OF
By
Printed Name
Title
WITNESS
Resolution No 4726
Attachment A
July 8 2011
Page 14 of 33
RES.A
ExhibitA
Insert crosshatched drawing of the Temporary Construction License and Structure
BARTLETT AND WEST TO PREPARE EXHIBIT A
Resolution No 4276
Attachment A
July 8 2011
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RES.A
EASEMENTAGREEMENT
FOR
Underpass Agreement
THIS EASEMENT AGREEMENT FOR Easement Agreement is made and
entered intoas of the day of 20 Effective Date by and between BNSF RAILWAY
COMPANY a Delaware corporation Grantor and a
Grantee
A Grantor owns or controls certain real property situated at or near the vicinity of
Counry of State of at Mile Post
Project 1 as described or depicted on Exhibit A7 attached hereto and made a Part hereof
the Premises
B Grantor and Granfee have entered into that certain Underpass Agceement dated as of
conceming improVements on or near fhe Premises the
Underpass Agreement
C Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
Easement Purpose as defined below
D Grantor has agreed to grant Grantee such easement subject to theterms and conditions set
forth in this EasementAgreement
NOW THEREFORE for and in consideration of the foregoing recitalswhich are incorporated herein
the mutual promises contained herein and other good and valuable consideration the receipt and sufficiency of
which are hereby acknowledged the parties agree as follows
Section 1 Grantina of Easement
11 Easement Purpose The Easement Purpose shall be for the purposes setforth in the
UNDERPASS Agreement Any improvements to be constructed in connection with the
Easement Purpose are referred to herein as Improvements and shall be constructed
located configured and maintained by Grantee in strict accordance with the terms of this
Easement Agreement and the UNDERPASS Agreement
12 Grant Grantor does hereby grant unto Grantee a nonexclusive easement Easement over
the Premises for the Easement Purpose and for no other purpose The Easement is granted
subject to any and all restrictions covenants easements licenses permits leases and other
encumbrances ofwhatsoever nature whether or not of record if any relating to the Premises
and subject to all with all applicable federal state andlocal laws regulations ordinances
restrictions covenants and eourt or administrative decisions and orders including
Environmental Laws defined 6elow and zoning laws collectively Laws Grantor may not
make any alterations or improyements or perform any maintenance or repair actiyities within the
Premises except in accordance with the terms and conditions of the UNDERPASS Agreement
13 Reservations b Grantor Grantor accepts and reserves the right to be exercised by Grantor
and any other parties who may o6tain written permission or authority from Grantor
a to install construct maintain renew repairreplace use operate change modify and
relocate any existing pipe power communicafion cable or utility lines and
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Attachment A
July 8 2011
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RES.A
aPpurtenances and other facilities or structures of like character collectively Lines
upon over under or across the Premises
b to install constnict maintain renew repair replace use operate change modify and
relocate any tracks or additional facilities or structures upon over under or across the
Premises and
c To use the Premisesin any manner as the Grantor in its sole discretion deems
appropriate provided Grantor uses all commercially reasonable efforts to avoid material
interference with the use of the Premises by Grantee for the Easement Purpose
Section 2 Term of Easement The term of the Easement unless sooner terminated under provisions of
this Easement Agreement shall be perpetual lf this is a temaorarv easement repace the orecedin4
sentence with the followinq The term of this Easement unless sooner terminated under provisions of this
Easement Agreement shall expire on the date that is after the
Effective Date
Section 3 No Warrantv of Anv Conditions of the Premises Grantee acknowledges that Grantor has
made no representation whatsoever fo Grantee conceming the 5tate or condition of the Premises or any
personal property located thereon or the nature or extent of Grantors ownership interest in the Premises
Grantee has not relied on any statement or declaration of Grantor oral or in writing as an inducement to
entering into this Easement Agreement other than as set forth herein GRANTOR HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY WHETHER EXPRESS OR IMPLIED AS TO THE DESIGN OR
CONDITION OF ANY PROPERTY PRESENT ONOR CONSTITUTING THE PREMISES ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE THE QUAUTY OF THE MATERIAL
OR WORKMANSHIP OF ANY SUCH PROPERTY OR THE CONFORMITY OF ANY SUCH PROPERTY TO
ITS INTENDED USES GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEES
CONlRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN CONDITIONQUALITY SAFETY
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS
INTENDED USES GRANTEE ACGEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT
IN THE PREMISES IN AN AS IS WHERE IS AND WITH ALL FAULTS CONDITION ANDSUBJECT TO
ALL LIMITATIONS ON GRANTORS RIGHTS INTERESTS AND TITLE TO THE PREMISES Grantee has
inspected or will inspect the Premises and enters upon Grantors rail corridor and property with knowledge of its
physical condition and the danger inherent in Grantors rail operations on or near the Premises Grantee
acknowledges that this EasementAgreement does not contain any implied warranties that Grantee or Grantees
Contractors as hereinafter defined can successfully construct or operate the Improvements
Section 4 Nature ofGrantors Interest in the Premises GRANTOR DOES NOT WARRANT ITS TITLE
TOTHE PREMISES NOR UNDERTAKE TO DEFEND 6RANTEE IN THE PEACEABLE POSSESSION OR
USE THEREOF NO COVENANT OF QUIET ENJOYMENT IS MADE In case of the eviction of Grantee by
anyone owning or claiming title to or any interest in the Premises or by the abandonment by Grantor of the
affected rail corridor Grantor shall not beliable to refund Grantee any compensation paid hereunder
Section 5 Imarovements Grantee shall take in a timely manner all actions necessary and proper to the
lawful establishment construction operation and maintenance ofi the Improyements including such actions as
may be necessary to obtain any require8 permits approvals or authorizations from applicable govemmental
authorities Any and all cuts and fills excavations or embankments necessary in the construcfion maintenance
or future alteration of the Improvemenfs shall be made and maintained in such manner form and extent as will
provide adequate drainage of and fromthe adjoining lands and premises of the Grantor and wherever any such
fill or embankment shall or may obstruct the nafural and preexisting drainage from such lands and premises of
the Grantor the Grantee shall construct and rriainfain such cuberts or drains as may be requisite fo preserve
such natural and preexisting drainage and shall also wherever necessary construct extensions of existing
drains culverts or ditches through or along the premises of the Grantor such extensions to be of adequate
Resolution No 4276
AttachmentA
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sectional dimensions to preserve the present flowage of drainage or other waters and of materials and
workmanship equally as good ashose now existing In the event any construction repair maintenance work or
other use of the Premises by Granteewill affect any Lines fences buildings improvements or other facilities
collectively Other lmprovements Grantee will be responsible at Grantees sole risk to locate and make any
adjustments necessary to such Ofher Improvements Grantee must contact the owners of the Other
Improvements notifying them of any work that may damage these Other Improyements andor interfere with their
service and obtain the owners written approval prior to so affecting the Other Improvements Grantee must
mark all Other Improvements on the Plans and Specifications and mark such Other ImproVements in the field in
order to verify their locations Grantee must also use all reasonable methods when working on or near Grantor
property to determine if any Other Improvements fiber optic cable communication or othenivise may exist
The Grantee agrees to keep the abovedescribed premises free and clear from combustible materials and to cut
and remove or cause to be cut and removed af its sole expense all weeds and vegetation on said premises
said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee
and local laws and regulations and abate any and all hazard of fire
Section 6 Taxes and Recordina Fees Grantee shall pay when due any taxes assessments or other
charges collectively Taxes levied or assessed upon the Improvements by any governmental or quasi
govemmental body or any Taxes levied or assessed against Granfor or the Premises that are attri6ufable to fhe
Improvements Grantee agrees to purchase affix and cancel any and all documentary stamps in the amount
prescribed by statute and to pay any and all required transfer taxes excise taxes and any and all fees
incidental to recordation of the Memorandum of Easement In the event of Granteesfailure fo do so if Grantor
shall become obligated to do so Grantee shall be liable for all costs expenses and judgments fo or against
Grantor including all of Grantors legal fees and expenses
Section 7 Environmental
71 Compliance with Environmental Laws Grantee shall strictly comply with all federal state and
local environmental Laws in its use of the Premises including but not limited to the Resource Conservation
and Recovery Act as amended RCRA the Clean Water Act the Oil Pollution Act the Hazardous Materials
Transportation Act the Comprehensive Environmental Response Compensation and Liability Act CERCLA
and the Toxic Substances Control Act collectively referred to as he Environmental Laws Grantee shall not
maintain atreatment storage transfer or disposal facility or underground storage tank as those terms
are defined by Environmenfal Laws on the Premises Grantee shall not handle transport release or suffer the
release of hazardous wasfe or hazardous substances as hazardous waste and hazardous substances
may now or in the future be defined by any Environmental Laws
72 Notice of Release Grantee shall give Grantor immediate notice to Grantors Resource
Operations Center at 800 8325452 of any release of hazardous substances on or from the Premises violation
of Environmental Laws or inspection br inquiry by governmental authorities charged with enforcing
Environmental Laws with respect toGrantees use of the Premises Grantee shall use its best efforts to
promptly respond to any release on or from the Premises Grantee also shall give Grantor immediate notice of
all measures undertaken on behalf ofGrantee to investigate remediate respond to or otherwise cure such
release or violation
73 Remediation of Release In the event that Grantor has notice from Grantee or otherwise of a
release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement Grantor may require Grantee at Grantees sole risk and expense to take Eimely measures to
investigate remediate respond to or othervvise cure such release or Violation affecting the Premises If during
the construction or subsequent maintenance of the Improvements soils or other materials considered to be
environmenfally contaminated are exposed Grantee will remove and safely dispose of said contaminaed soils
Determination of soils contaminafion and applicable disposalprocedures thereof will be made only 6y an The
Cityhaving the capacity and authority to make such a determination
Resolution No 4276
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July 8 2011
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RES.A
74 Preventative Measures Grantee shall promptiy report to Grantor in writing any conditions or
activities upon the Premises known to Grantee which create a risk of harm to persons property or the
environment and shall take whatever action is necessary to prevent injury to persons or property arising out of
such conditions or activities provided however that Grantees reporting to Grantor shall not relieve Grantee of
any obligation whatsoever imposed on it by this Easement Agreement Grantee shall promptly respond to
Grantors request for information regarding said conditions or activities
75 Evidence of Comnliance Grantee agrees periodically to fumish Grantor with proof satisfactory
to Grantor that Grantee is in compliance with this Section 7 Should Grantee not comply fully with the above
stated obligations of this Section 7 notwithstanding anything contained in any other provision fiereof Grantor
may at its option terminafe tHis Easement Agreement by serving five 5 days notice of terminafion upon
Grantee Upon termination Grantee shall remove the Improvements and restore the Premises as provided in
Section 9
Section 8 Default and Termination
81 Grantors Performance Rights If at any time Grantee or Grantees Contractors fails to properly
perform its obligations under this Easement Agreement Grantor in its sole discretion may i seek specific
performance of the unperformed obligations or ii at Grantees sole cost may arrange for the performance of
such work as Grantordeems necessary for the safety of its rail operations activities and property or to avoid or
remove any interference with the activities or property of Grantor or anyone or anything present on the rail
corridor or property with the authority or permission of 6rantor Grantee shall promptly reimburse Grantor for all
costs of work performed on Grantees behalf upon receipt of an invoice for sueh costs Grantocs failure to
perform any obligations of Grantee or Grantees Contractors shall not alter the liability allocation setforth in this
Easement Agreement
82 Abandonment Grantor may at its option terminate this Easement Agreement by serving five
5 days notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the
Easement Purpose Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to
terminate this Easement Agreement for any subsequent default or defaults nor shall any such waiver in any
way affect Grantors ability to enforce any section of this Easement Agreement
83 Effect of Terrnination or Exqiration Neither termination nor expiration will release Grantee ftom
any liability or obligation under this Easement whether of indemnity or otherwise resulting from any acts
omissions or events happeningprior to the date of termination or expiration or ifi later the date the Premises
are restored as required by Section 9
84 Nonexclusive Remedies The remedies set forth in this Section 8 shall be in addition to and
not inlimitation of any other remedies that Grantor may have under the UNDERPASS Agreement at law or in
equity
Section 9 Surrender of Premises
91 Removal of Imcrovements andRestoration Upon termination of this Easement Agreement
whether by abandonmenf of the Easement or by the exercise of Grantors termination rights hereunder Grantee
shall at its sole costand expense within twelve 12 months perForm the following
a remove all or such portion of Grantees Improvements and all appurtenances
thereto from the Premises as Grantor directs at Grantors sole discretion
b repair and restore any damage to the Premises arising from growing out of or
connected with Grantees use of the Premises
Resolution No 4276
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c remedy any unsafe conditions on the Pemises created or aggravated by
Grantee and
d teave the Premises in the condition which existed as of the Effective Date
92 Limited License for Entrv If this Easement Agreement is terminated Grantor may direct
Grantee to undertake one or more of the actions set forth above at Grantees sole cost in which case Grantee
shall haye a limited license to enter upon the Premises to the extent necessary to undertake theactions directed
by Grantor The terms of this limited license include all of Grantees obligations under this Easement
Agreement Termination will not release Grantee from any liability or obligation under this Easement Agreement
whether of indemnity or otherwise resulting from any acts omissions or events happeningprior to the date of
fermination or if later thedate when Grantees Improvements are removed and the Premises are restored to
the condition that exisfed as of the Effectiye Date If Grantee fails to surrender the Premises to Grantor upon
any termination of the Easement all lia6ilities and obligations of Grantee hereunder shall continue in effect until
thePremises are surrendered
Section 10 Liens Grantee shall promptly pay and discharge any and all liens arising out of any
construction alterations or repairs done suffered or permitted to be done by Grantee on the Rremises or
attributable to Taxes that are the responsibility of Grantee pursuant to Section 6 Granfor is hereby authorized
to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by
Law to prevent the attachment of any such liens to any portion of the Premises proyided however that failure
of Grantor to take any such action shall nof relieve Grantee of any obligation or liability under tHis Section 10 or
any other section of this Easement Agreement
Section 11 Tax Exchanqe Grantor resenres the right to assign this Easement Agreement to Apex
Property Track Exchange Inc Apex Apex is a qualified intermediary withinthe meaning of Section 1031
of the Intemal Revenue Gode of 1986 as amended and Treas Reg 11031k1g for the purpose of
complefing a taxdeferred exchange under said Section 1031 Grantoc shall bear alf expenses associated with
the use of Apex or necessary to qualify this transaction as a taxdeferred exchange and except as otherwise
provided herein shall protect reimburse indemnify and hold harmless Grantee from and against any and all
reasonable and necessary additional costs expenses including attomeys fees and lia6ilities which Grantee
may incur as a result of Grantors use of Apex or the qualification of this transaction as a faxdeferred
transaction pursuant to Section 1031 Grantee shall cooperate with Grantor with respect to this taxcleferred
exchange and upon Grantors request shall execute such documents as may be required to affect this tax
deferred exchange
Section 12 Notices Any notice required or permitted to be given hereunder by one party to the other shalf
be delivered in the manner set forth in the UNDERPASS Agreement Notices to Grantor under this Easement
shall be deliveredto the following address BNSF Railway CompanyRea6 Estate Department 2500 Lou Menk
Drive Fort Worth TX 76131 Attn Permits orsuch otheraddress as Grantor may from fime to time direct by
notice to Grantee
Section 13 Recordation It is understood and agreed tha this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement Grantor and Grantee shall execute a Memorandum of Easement in the form attached
hereto as Exhibit 131 the MemorancJum of EasemenY subject to changes required if any to conform
such form to local recording requirements fF LEGA6 DESCRFTON S NOT AVAILABLE USE THE
FOLLOWlNG N PLACE OF THE PROR SENTENCE As of the Effective Date a legal description of the
Premises is not available Grantee and Grantor shall work togethec in good faith to establish the egal
description for the Premises Once Granfor and Granteehave approyed the egal description Grantor and
Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit B1 the
Memorandum of Easement The Memorandum of Easement shall be recocded in the real estate records in
the county where the Premises are tocated If a Memorandum ofi Easement is not executed 6y the parties and
recorded as described above within days of the Effective Date Grantor shall have the right to terminate
Resolution No 4276
Attachment A
July 8 2011
Page 20 of 33
RES.A
this Easement Agreement upon notice to Grantee
Section 14 Miscellaneous
141 All questions conceming the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of the State of Washington without regard to
conflicts of law provisions
142 In the event that Granfee consists of two or more parties all the covenants and agreements of
Grantee herein contained shall be the joint and several cqvenants and agreements of such parties This
instrument and all of the terms covenants and provisions hereof shall inure to the benefit of and be binding
upon each of the parties heretoand their respective legal representatives successorsand assigns and shall run
with andbe binding upon the Premises
143 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement the prevailing party or parties shall be entitled to reasonable attomeys fees costs and necessary
disbursements in addition to any other relief to which such party or parties may be entitled
144 If any provision ofthis Easement Agreement is held to be illegal invalid or unenforceable under
present or future Laws such provision will be fully severable and this Easement Agreement will be construed
and enforced as if such illegal invalid or unenforceable provision is not a part hereof and the remaining
provisions hereof will remain in full force and effect In lieu of any illegal invalid or unenforceable provision
herein there will be added automatically as a part of this Easement Agreement a provision as similat in its terms
to such illegal invalid or unenforceable provision as may be possible and be legal valid and enforceable
145 This Easement Agreement is the full and complete agreement between Grantor and Grantee
with respect to all matters relating to Grantees use of the Premises and supersedes any and all other
agreements between the parties hereto relating to Grantees use ofi the Premises as described herein
However nothing herein is intended to terminate any surviving obligation of Grantee or Grantees obligation to
defend and hold Grantor harmless in any prior written agreement between the parties
146 Time is of the essence for the performance of this Easement Agreement
147 The terms of the UNDERPASS Agreement are incorporated herein as if fully set forth in this
instrument which ferms shall be in full force and effect for purposes of this Easement even if the UNDERPASS
Agreement is or whatever reason no longer in effect
Signature page follows
Resolution No 4276
Attachment A
July 8 2011
Page 21 of 33
RES.A
Witness the execution of this Easement Agreement as of thedate first set forth above
GRANTOR
BNSF RAILWAY COMPANY a Delaware corporation
By
Name
Title
GRANTEE
a
By
Name
Title
Resolution No 4276
Attachment A
July 8 2011
Page 22 of 33
j
RES.A
i
EXHIBIT A1
Premises
Resolution No 4276
Attachment A
July 8 2011
Page 23 of 33
RES.A
EXHIBIT B1
Memorandum of Easement
THIS MEMORANDUM OF EASEMENT is hereby executed this day of
20by and between BNSF RAILWAY COMPANY a Delaware corporation Grantor whose
address for purposes of this instniment is 2500 Lou Menk Drive Fort Worth Texas 76131 and
a Grantee whose address for purposes of this
instrument is which terms Grantor and Grantee shall
include wherever the context permits or requires singular or plural and the heirs legal representatives
successors and assigns of the respective parties
WITNESSETH
WHEREA3 Grantor owns or controls certain real property situated in Gounry
as described on Exhibit A1 attached hereto and incorporated herein by reference the
Premises
WHEREAS Grantor and Grantee entered into an Easement Agreement dated
the Easement Agreement which set forth among otherthings the terms of an easementgranted by
Grantor to Grantee over and across the Premises the Easement and
WHEREAS Grantor and Granteedesire to memorialize the terms and conditions of the
Easement Agreement of reeord
For valuable consideration the receipf and sufficiency of which are hereby acknowledged Grantor
does grant unto Granfee and Grantee does hereby accept from Grantor the Easement over and across
the Premises
The term of the Easement unless sooner terminated under provisions of the Easement
Agreement shall be perpetual Provisions regulating the use and purposes to which the Easement shall
be limited are set forth in detail in the Easement Agreement and Grantocand Grantee agree to abide by
the terms of the Easement Agreement
All the terms conditions provisions and covenants of the Easement Agreement are incorporated
herein by this reference for all purposes as tFiough written out at length herein and both the Easement
Agreement and this Memorandum of EasemenY shall be deemed to constitute a single instrument or
document This Memorandum of Easement is not intended toamend modify supplement or supecsede
any of the provisions of the Easement Agreement and to the extent there may be any conflict or
inconsistency between the Easement Agreement or this Memorandum of Easement the Easement
Agreement shall control
Signature page follows
Resolution No 4726
Attachment A
July 8 2011
Page 24 of 33
RES.A
IN WITNESS WHEREOF Grantor and Grantee have executed this Memorandum ofEasement to
as of the date and year first above written
GRANTOR
BNSF RAILWAY COMPANY a Delaware corporation
By
Name
Title
GRANTEE
By
Name
Title
STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of 200 by
name aS title of BNSF RAILWAY
COMPANY a Delaware corporation
Notary Public
Seal
My appointment expires
STATE OF
COUNTY OF
Thisinstrument was acknowledged before me on the day of 200 by
name as title of
a
Notary Public
Seaq
My appointment expires
Resolution No 4276
Attachment A
July 8 2011
Page 25 of 33
RES.A
Resolution No 4276
Attachment A
July 8 2011
Page 26 of 33
RES.A
Exhibit C
Resolution No 4726
Attachment A
July 8 2011
Page 27 of 33
RES.A
EXHIBIT D
Insert Cost Estimate for Railroad Work here
Resolution No 4276
Attachment A
July 8 2011
Page 28 of 33
RES.A
Exhibit E
Public Projects Managers letterhead
Date
1VIr1VIs
Name of The City Here
Address for The City
Re Final Approval of Plans and Specifications dated 20drafted by
insert name of architecture or engineering firm
here hereinafter called the Plans and Specifications
Dear
This letter serves as BNSF RAILWAY COMPANYs BNSF final written approval of the
Plans and Specifications covering the construction of
insert description of the project here This final written approval is given ta
insert name of The City here The City pursuant to Article III Section
1 of that certain Underpass Agreement between BNSF and The City dated 200
If the Plansand Specifications are revised by The City subsequent to the date set forth above
this letter shall no longer serve as final written approval of the Plans and Specifications and The
City must resubmit said Plans and Specifications to BNSF for final written approval
Regards
Public Projects Managers Name
Resolution No 4276
Attachment A
July 8 2011
Page 29 of 33
RES.A
Exhibit f
Bridge Requirements
BRIDGE DESIGN PLANS SPECIFICATIONS
Bridge design calcularions will be submitfed to BNSF for review and approval Design calculations will be
summarized on a cover sheet to state the design dead load design live load and amourit of impact and any secondary
loads considered Bridge design by other than a BNSF preapproved consultant will be subject to a thirdparty
design check at The Citys expense
For raikoad bridges and culverts over waterways BNSF will be provided with the Hydrology and Hydraulic design
criteria calculations and site specific data including electronic data utilized in computer simulation modeling
Design considerations should include futwe land use changes that would increase the volume velocity or sediment
transport characterisfics of ttie streambed flows Design shall include sediment transport calculations and erosion
control mitigation measures if necessary
Bridge plans will be submitted to BNSF for review and approval at the 300o 60 and 900o stage of design The
final set of plans must be approved by BNSF prior to letting of bids for the Project
Prior to issuing any invitation to bid on construction of the Structure The City should conduct a prebid meeting
where prospective Contractors have the opporhuiity to communicate with BNSF persomiel as to thesite specific
train speeds train density and general safety requirements for men and equipment working neaz live tracks Any
invitation to bid and specifications for theStructure and the Project must be submitted to BNSF for review and
approval prior to letting of bids for the Project
BRIDGE CONSTRUCTION
After awazding the bid but prior to the Contractor entering BNSF right of way The City should conduct a pre
construction meeting with BNSF personnel in attendance to reiterate the safety requirements of construction activity
adjacent to live tracks
During construction BNSF will require an experienced Quality Control Inspector to be present during certain
critical times of the Project including but not limited to driving foundation piles erecting falsework construction
of shoring and retaining walls placing concrete placing soil backfill and compaction processes Certain
components normally produced off site will require a QC inspector to be present including the production of
precast concrete components and steelfabrication The QC inspector will provide reports to BNSF includingpile
driving records concrete compressive test records and other such reports requested by BNSF QC Inspection
services can be provided by The City subject to acceptance by BNSF If the QC services provided are not
acceptable BNSF will provide an independent QC Inspection service to supplement the deficiencies The City shall
reimburse BNSF for all costs of supplemental QC Inspection services
Within90 days of the conclusion of the Project and final acceptance by BNSF The City will provide BNSF with a
complete electronic set of the bridge plans labeled Record Drawings Thosq plans will reflect any and all
deviations from the original plans that occurred during consriuction The Record Drawing plans willbe submitted
in Micro Starion dgn electronic format preferred or AutoCAD dwg format Electronicplans aze to be
submittedin the original format used for CAD plan preparation and nof converted to another format prior to
submission The plans must show dimensioned locations of ezisting and relocated utilities
BRIDGE MAINTENANCE
Resolution No 4276
Attachment A
July 8 2011
Page 30 of 33
RES.A
BNSF will be responsible for maintenance of the track and ballast overthebridge and the earth embanlanent
approaches The City will be responsible for maintenance of the structural components of the bridge including deck
waterproofing and paint
For bridges over roadways The City will maintain the roadways underthe bridge including signs pedestrian
walkways fences drainslandscaping earth retention components embanlonent slopes erosion control surface
drainage paint walkways handrails lighting and other improvements associated with the Project The City will be
responsible to post highway vertical clearance signs and maintain such signs to reflect potential future pavement
profile elevation changes Clearance signs traffic control signals or other signs should not be attached to a ioad
carrying member of the railroad bridge
For railroad bridges over waterways The City will be responsible for all aspects of channel maintenance across
BNSFs rightofway including toe of slope erosion control where the railroad embankment meetsthe streambed
The City will be responsible for debris removal that may accumulate at bridge piers as welT as silt removal local and
general scour and remediation and streambed lateral migration and streambed degradation remediation
Fencing and other trespass controls within BNSFs rightofwayalong M StreetSE and incorporated into the Project
shall be designed and maintained by The City Graffiti removal will be the responsibility of The City
BRIDGE INSPECTION
BNSF will conduct annual routine structural inspections of raikoad bridges over public roadways and waterways at
no cost to The City The City shall provide traffic control under those bridges spanning roadways to enable BNSF
personnel or representatives to safely conduct the annual inspections For routine annual inspectionsBNSF will
give the the City 14 days advance notice of traffic control requirements Inthe event of an earthquake fire flood
damage from vehicular impacts or other emergent situations The City will provide traffic control in roadways to
allow immediate inspection by BNSF personnel or representafives as City staff is available Traffic control will
include lane closures or other such measures to allow BNSF personnel contractors and equipment to be safely
positioned under the superstructure
Upon the conclusion of the BNSF inspection The City will be given a copy of the inspection record and will be
notified of items in need ofrepair The City does not complete the repairs requested by BNSF within a reasonable
time period BNSF personnel andor contractors will perform the repairs and invoice The City for the entire cost of
such repairs Regardless of the nature or cause of such maintenance and repairs traffic control will be provided by
The City at no cost to BNSF to a11ow safe access to the bridge
Resolution No 4276
Attachment A
July 8 2011
Page 31 of 33
RES.A
Resolution No 4276
AttachmentA
July 8 2011
Page 32 of 33
RES.A
EXHIBIT G
M St Grade Separation Project
Estimated Total Project Cost
Resolution No 4276
Attachment A
July 8 2011
Page 33 of 33
RES.A
RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4727
Date:
July 12, 2011
Department:
Public Works
Attachments:
Map
Resolution No. 4727
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4727.
Background Summary:
The Auburn School District's Safe Routes Committee identified pedestrian
improvements around Hazelwood Elementary, Lea Hill Elementary and Rainier Middle
School as a priority project for safe route improvements. The City and the Auburn School
District worked jointly to identify the project's scope of work and to apply for a federal
Safe Routes to School grant through the Washington State Department of
Transportation. The City and the Auburn School District received a Safe Routes to
School grant in the amount of $398,500 for safe walking / cycling route improvements at
Hazelwood Elementary, Lea Hill Elementary and Rainier Middle School. This grant does
not require a match.
The grant will fund:
1.Construction of bike lane, sidewalk, curb and gutter and ADA accessible ramp
improvements to complete the remaining pedestrian gap on the south side of SE
312th St starting at 124th Ave SE and extending approximately 600 feet east.
2.Installation of ADA pedestrian push buttons and audible countdown pedestrian
signal heads at the existing signalized intersection of SE 312th St and 124th Ave
SE.
3.Construction of upgraded ADA accessible ramps on 116th Ave SE at the two
marked school crosswalks in front of Rainier Middle School and at the intersection
of 116th Ave SE and SE 304th St.
4.Bike lane striping, signage and pavement symbols on 116th Ave SE between SE
312th St and SE 304th St.
5.Incentives such as pedometers, reflective armbands, pedestrian safety booklets
and bookmarks for students who walk or bicycle to school.
6.An enforcement component including increased police presence. Additional right-
of-way may be required for the project.
AUBURN * MORE THAN YOU IMAGINEDRES.B
Resolution No. 4727 authorizes the Mayor to accept a grant in the amount of $398,500
from the Washington State Department of Transportation for safe routes to school
improvements at Hazelwood Elementary, Lea Hill Elementary and Rainier Middle
School.
F5.2.15
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:July 18, 2011 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B
RES.B
RESOLUTION NO 4 7 2 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR TO
ACCEPT A GRANT FROM THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION FOR SAFE ROUTES TO
SCHOOL IMPROVEMENTS AT HAZELWOOD ELEMENTARY
LEA HILL ELEMENTARY AND RAINIER MIDDLE SCHOOL
WHEREAS the City desires to increase safety in school zones and
WHEREAS Hazelwood Elementary Lea Hill Elementary and Rainier
Middle School have a significant number of students walking to and from the
school sites and
WHEREAS the City in partnership with the Auburn School District applied
for and was granted a federal Safe Routes to School grant through the
Washington State Department of Transportation WSDOT in the amount of
398500 to finance walking and cycling route improvements for the three Lea
Hill schools including bike lanes sidewalks accessible ramps curb and gutter
pedestcian push buttons and audible countdown pedestrian signal heads
educationencouragement and enforcement activities and
WHEREAS the 398500 grant consists of 310650 for design and
construction 10350 for righf ofway 75700 for educatioNencouragement
and 1800 for enforcement activities and
WHEREAS the grant does not require a match however the Aubum
School District will contribute in kind funds of 21597 for
Resolution No 4727
July 8 2011
Page 1 60
RES.B
educationencouragement and the City will contribute in kind funds of 1938 for
enforcement activities and
WHEREAS it is in the best interest of the City to use grant monies to
finance safety improvements to the transportation system
NOW THEREFORE THE CITY COUNCIL OF THECITY OF
AUBURN WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor is hereby authorized to execute a Local Agency
Agreement befween theCify and Washington State Department of Transportation
for the Design Phase in the total amount of 108750 in substantial conformity with
the agreement attached hereto marked as Exhibit A and incorporated herein by
this reference In addition the Mayor is hereby authorized to execute any further
necessary supplemental agreements for all future phases of the Project expending
up to the tofal remaining amount of the grant of 289750
Section 2 The Mayor is hereby authorized to implement such other
administrative procedures as may be necessary to carry outthe directives of
this legislation
Section 3 That this Resolution shall take effect andbe in full force
upon passage and signatures hereon
Resolution No 4727
July S 2011
Page 2 of 3
RES.B
Dated and Signed this day of 2011
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATiEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
DanielB ia
City Attorney
Resolution No 4727
July 8 2011
Page 3 of 3
RES.B
Exhibit A
Local Agency Agreement
Agency City of Auburn CFDA No 20205
Catalog of Federal Domestic Assistance
Address 25 West Main Street Project No
Auburn WA 98001
Agreement No
Foc OSC WSDOT Use On
The Local Agency having complied or hereby agreeing to comply with the terms and condidons set forth in 1 Tide 23 US Code Highways 2
the regularions issued pursuant thereto 3 Office of Management and Budget Circulars A102 A87 and A133 4 the policies and procedures
promulgated by the Washington State Department of Transportation and 5 the federal aid project agreement entered into between the State and
Federal Government relative to the above project the Washington State Departrnent of Transportation will authorize the Local Agency toproceed on
the project by a separate notification Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r
column 3 without written authority by the State subject to the approval of the Federal HighwayAdministration All project costs not reimbursed by
the Federal Government shall be the responsibility of the Local Agency
Project Description
Name Lea Hill Safe Walking Cycling Route Improvements Length NA
Termini NA
Description of Work
This project will construct pedestrian improvements along the south side of SE 312th Steast ofthe intersection with
124th Ave SE intersection improvements at 116th Ave SESE 304th Street paint bike lanes on 116th Ave SE between
SE 312th St and SE 304th St and improve curb ramps adjacent to Rainier Ridge Middle School Auburn School District
will apply a safety education program and Auburn Police Dept will provide enforcement patrols
Estimate of Fundin
Typ@ OfWOFk Estimated Total Estimated Agency Est mated
Proed Funds Funds EederalFunds
PE a A enc 32 05000 000 32 05000
100 h r Auburn School Dist Education 7570000 00 7570006
c Other In Kind Services Education 2159700 21 59700 000
Federal Aid
d S 100000 000 100000
PartiapaUOn
Ratio forPE e Total PE Cost Estimate abcd 130 700 21 59700 108 75000
Right of Way f A en
Other
h Other
FederalAid
i StateParticipation
Ratio for RW Total RW Cost Estimate f hi
Construction k Contrad
1 Other
m Other
n Other
o A enc
Federal Aid StatePartiapation
Ratio for GN Total CN Gost Estimate klmno
r Total Proect Cost Estimate e 130 4700 2159700 108 75000
Agency Official Washington State Department of Transportation
By B y
Title pPtppriqFMaynr Director of Highways and Local Programs
Resoiucton rro 4727 Date Executed
Exhibit A
July 8 2011
Page 1 of 4
RES.B
Construction Method of Financing Check Method Selected
State Ad and Award
0 Method A Advance Payment Agency Share of total construction cost based on contract award
Method B Withhold from qas tax the Apencys share of total construction cost line 4 column 2 in the amount of
at per month for months
Local Force or Local Adand Award
Method C Aaencvcost incuRed with oartial reimbursement
The Local Agency further stipulates that pursuant to said Title 23 regulations and policies and procedures and as
a condition to payment of the federal funds obligated it accepts and will comply with the applicable provisions set
forth below Adopted by official action on
July 18 2011 ResolutionOrdinance No Resolution No 4727
Provisions
1 SCOpe Of WOIk 1 Preliminary engineering
The Agency shall provide all the work labor materials and services 2 Right of way acquisiuon
necessary to perform the project which is described and set forth in detail in the 3 Project construction
Project Description and Type of Work
In the event that right of way acquisition or actual consuvction of the road
When the State acu for and on behalf of the Agency theState shall be for which preliminary engineering is undertaken is not started by the closing of
deemed an agent of the Agency and shall perform the services described and the tenth fiscal year foUowing the fiscal year in which the agreement is
indicated in Type of Work on the face of this agreementin accordance with executed the Agency will repay to the State thesiufi or sums of federal funds
plans and specifications as propbsed by the Agency and approved by theState paid to the Agency under the terms of this agreement see Section IX
and theFederal Highway Administration
Whenthe State acts for the Agency but is not subject W the right of conuol The Agency agras that all stages of construction necessary w provide the
by the Agency the State shall havethe right to perform the worksubject to the initially planned complete facility within the limiu of this project will conform
ordinary procedures of the State and Federal Highway Adminisnation co at least the minimum values set by approved stazewide design standards
applicable to this class of highways even ffiough such additional work is
II Delegation of Authorlty fmanced without federal sid participation
The State is willing to fulfip the responsibiliries to the Federal Govemment he Agency agrees thaz on federal aid highway construction projects the
by the administration of this project The Agency agrees that the State shall current federal aid regulations which apply to liquidated damages relative to
have the full authoriry to cazry out thu administration The State shall review the basis of federal participation in the project costshall be applicabte in the
process and approve documents reguiied for federal aid reimbursement in event the contractorfails to complete the contract within the contract time
accordance with federal requiremenu If the State advertises and arvards the
wntract the State will further act for theAgency in all matters conceming the yi payment and Partial Refmbursement
project as requested by the Agency If the Local Agency advertises and awards
tlie project the State shall review the work to ensure conformity with the T1ie total cost of the project including ap review and engineering cosu and
approvedplans and specifications other expenses of the State is to be paid by the Agency and by the Federal
Govemment Federal funding shall be in accordance with the Federal
III Projeet Administration Transportation Act as amended and Office of Management and Budget
Ceitain types of work and services shall be provided by the State on this circulars A102 A87 andA133 The State shall not be ultimately responsible
project as requested by the Agency ahd described in the Type of Work above for any of the cosu of the project The Agency shall be ultimately responsible
In addition the State will fumish qualified personnel for the supervisibn and for all costs associated with the project which are not reimbursed by the
inspection of the work in progress On Local Agency advertised and awarded Federal Govemment Nothing inthis agreement shall be construed ps a
projects the supervision and inspection shall be limited to ensuring all work is promise by the State as to the amount or nature of federal participation in this
in conformance with approved plans specifications and federal aid project
requirements The salary of such enginear or other supervisor and all other The Agency shall liill the stau for federal sid projcct costs incurred in
salaries and cosu incurred by State forces upon the project will tie considered a conformity with applicable federal and state laws The agency shall minimize
cosc thereof All wsu related co this project incurrcd by employees of the State the time elapsed between receipt of federal aid fundsand subsequent payment
in the customary manner on highway payrolls and vouchers shall be chazged as of incurred costs Expenditdres by the Local Agency for maintenance general
cosu ofthe project adminisuation supervision and other overhead shall not be eligible for federal
participation unless a current indirect cost plan has been prepared in
N AvallBbility of RetOrds accordana with the regulations outlined in the federal Office of Management
All project records in support of all costs incurred and actual expendifures Budget OMB cvcular A87 and retained foraudit
kept by the Agency are to bemaintained in accordance with local govemment The State will pay for State incurred cosu on the project Following
accounting procures prescribed by the Washington State Auditors Office the
payment the State shall bill the Fedeml Government for reimbursement of
US Department offransportation and the Washington State Department of
thase costs eligible fbrfederal participation to the extent thatsuch costs are
Transportation The records shall be open w inspectionbythe State and Federal attributable and properly allocable to this project The State shall bill theGovemmentatallreasonabletimesandshallberetainedandmadeavailablefor
Agency for that portion of State costs which were not roimbursed by the
such inspection for a period of not less than thm years from tha fiqal payment Federal Govemment see Section DCofanyfederalaidfundstotheAgencyCopiesofsaidrecordsshatlbe
fumished to the State andor Federal Government upon request 1 Project Construction Costs
V COmplienC@ WitF1 PrOViSiOns Piojectconsmictioe financing will be accomplished by one ofthe three
methods as indicateil in this agreement
The Agency shall not incur any federal aid participation costs on any
classification of work on this project until authorized in writing by the Stau for
each classification The classifications of work for projects are
Resolution No 9727
Exhibit A
July 8 2011
Page 2 of 4
RES.B
Mefhod A The Agency will place with the State within 20 days after the X Trdffic Control Signing Marking and Roadway
execution of the construcuon conuact an advance in the amount of the MaUtet1a11Ce
Agencys share of the wtal construction cost based on the contraot awazd The
State will notify the Agency of the exact amount to be deposited with the Stau The Agency will not pertnit any changes to be made in the provisions for
The State will pay all costs incurred under the contract upon presentation of pazking regulations and uaffic control on this project without prior approval of
progess billings from the contractor Following such payrnenu the State will the State and Federal HighwayAdministration The Agency will not install or
submit a billing to the Federal Government for the fedeial sid participauon permit to be installed any signs signals or markings not inconformance with
share of the cost When the project is substantially completed and final actuai the standards approved by the Federal Highway ildministration and MUTCD
cosis of the project can be determined the State will present the Agency with a The Agency will at iu own expense maintain the improvement covered by
final billing showing the amount due the State or the acnount due the Agency this agreEment
This billing will be cleared by either a payment from the Agency to the State or
by a refund from the State to the Agency XI Indemnity
The Agency shall hold the Federal Govemment and the State harmless from
Met6od B The Agencys share of the total construction cost as shown on
and shall process and defend at its own expense all claims demands or suiu
the face of this ageement shall be withheld from its monthly fuel tax whether at Iaw or equity brought against the Agency State or Federal
allotrnenu The face of this agreement establishes the months in which the Govemment arising from the Agencys execution performance or failure to
withholding shall take place and the exact amount to be withheld each month Perform any of the provisions of this agreement or of any other agreement or
1he extent of withholding will be confirrtied by letter from the State at the time conuact connected with this agreement or arising by reason of the
of contract award Upon receipt of progress billings from the conuactor the Participation of the State or Federal Government in the project PROVIDED
State will submit such billings to the Federal Govemment for payment of iu nothing herein shall require the Agency to reimburse the State or theFederal
participatingportion of such billings Govemment for damages arising out of bodily injury to persons or damage to
property caused by or resutting from the sole negligence of the Federal
Method C The Agency may submit vouchers to the State in the format
Govemment or the State
prescribed by the State m duplicate not more than once per month for those XII Nondiscrimination Provfsion
costs eligible for Federal participation to the extent that such cosu are directly No liability shall attach to the State or Federal Govemment except as
attributa6le and properly allocable to this project Expenditures by the Local expressly provided herein
Agency for maintenance general administration supervision and othcr
overhead shall not be eligible for Federal participation unless claimed under a The Agency shall not discriminate on the basis of race color national
previously approved indirect cost plan origin or sex in ffie award and perfomiance of any USDOTassisted contract
andTheStateshallreimbursetheAgencyfortheFederalshareofeligibleproject
or agreement or in the administration of iu DBE program or the
costs up to the amount shown on the face of this agreement At the time of requiremenu of 49 CFR Part 26 The Ageacy shall take all necessary and
audit the Agency will provide documentaUOn of all cosu incurred on the
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the
award and administration of USDOTassisted contracu and agreemenu The
project WSDOTs DBE ro y 49 CFR Part 26 and as approved by
1he State shall bill the A enc for all cosu incurred b the State relative to
P required b
BY Y USDOT is incorporated by reference in this agreement Implementadon of
the project The State shall also bill the Agency for the federalfunds paid by the ft Program is a tegal obligation and failure to carry out iu terms shall be
State to the Agency for project cosu which are subsequendy determined to be ueated as a violation of this agreement Upon notification to the Agency of iu
ineligible for federal participauon see Section IX failwe to carry out iu approved program the Depaitment may impose
VII Audit of Federdl Consultant Contracts sanctions as provided for under Part 26 and may in appropriate cases referthe
matter for enforcementander 18 USC 1001 an8or the Program Fraud Civil
The Agency if services of a consultant are required shall be responsible for Remedies Act of 1986 31 USC 3801 et seqJ
audit of the consultants records to determine eligible federal aid costs on the
The Agency hereby agrees that it will incocpoiste or cause to be
project The report of said audit shap be in the Agencys files and made
incorporated into any contract for construction work or modification thereof
available to the State and the Federal Govemment as defined in the rules and regulations of the Secretary of Labor in 41 CFR
An audit shall be conducted by the WSDOT Intemal Audit Office in Chapter 60 which is paid for in whole br in part with funds obtained from the
accordance with generally accepted govemmental auditing standards as issued Federal Goverriment or borrowed on the credit of the Federal Govemment
by the United States General Accounting Office by the Comptroller General of pursuant to a grant convact loan inswance or guarantee or understanding
the United States WSDOT Manual M 2750 Consultant Authorization pursuant to any fedeeml program involving such grant contract loan insuiance
Selection and Agreement Administration memoranda of understanding or guazantee the requued contract provisions for FederalAid Contracts
between WSDOT and FHWA and Office of Management and Budget Circulaz FHWA 1273 located in Chapter 44 of the Local Agency Guidelines
A133
If upon audit it is found that overpayment or participation of federal money The Agency further agrees that it will be bound by the above equal
in ineligible iums of cost has occurred the Agency shallreimbursc the Statc for opportuniry clsuse with respect to iu own employment practices when it
the amount of such overpayment or excess participation see Section M participafes in fedeially assisted construction work Provided that if the
applicant so participating is a State or Local Govemment the above equal
opportunity clause is not applicable to any agency instrumentality or
VIII SIn91@ AUdlt AGt subdivision of such government which does not participate in work on or under
Ihe Agency as a subrecipient of federal funds shall adhere to the federal the contract
Office of Managemeut and Budget OMB Circutar A133 as well as all The Agency alsbagrecs
applicable fedecal and state statutes and regulations A subrecipiart who 1 To assist and cooperate actively with the State in obtaining the
expends 500000 or more in federal awards from all sowces during a given compliance of contractors and subcontractors with the equal oppoRunity clause
fiscal year shall have a single or programspecific audit performed for that year and rules regulations and relevant orders of the Secretary of Labor
in accordance with the provisions of OMB Circular A133 Upon conclusion of
the A133 audit the Agency shall be responsible for ensuring that a copy of the 2 To furaish the State such information as it may require for the
report is transmitted prompdy to the State supervision of such compliance and that it will otherwise assist the State in the
discharge of iu primary responsibility for securing compliance
IX Payment of Billing 3 To refrain from entering into any contract or contract modification
1heAgency agrees that if payment or arrangement for payrtient of any of the subject to Executive Order 11246 of September 24 1965 with a conVactor
States billing relative to the project eg State force work project cancelladon debaaed from or who has not demonstrated eligibiliry for govemment
overpayment cost ineligible for federal participation etc is notmade to the contracts and federally assisted construction conuacu pursuant m the
State within 45 days after the 4gency has been billed the State shall effect Executive Order
reimbursement of the total sum due from the regular monthly fuel tax
allotments to the Agency from the Motor Vehide Fund No additional Federat 4 To cazry out such sanctions and penalties for violation of the equal
project funding wip be approved until full payment is received unless otherwise opportuniry clause as may be imposed upon conuactors and subcontractors by
directed the Director of Highways and Local Programs the State Federal Highway Administration or the Secretary of Labor pursuant
W Part II subpart D of the Executive Order
Resolution No 4727
Exhibit A
July 8 2011
Page 3 of 4
RES.B
In addition the Agency agrees that if it fails or refuses to comply with these XV Venue for Clalms andor Causes of Action
undertalcings the State may take any or all ofthe following actions For theconvenience of the parties to this contract itis agreed that any
a Cancel terminate orsuspend this agreement in whole or in part ciaims andor causes of acfion whicH the Local Agency has against the Statc of
Washington growing out of this contract or the project with which it is
b Refrain from extending any further assistance to the Agency under the concemed shall be biought only in the Superior Court for Thurston County
progcam wijh respect to which the failure or refusal occurred until satisfactory
assiirance of future compliance has been received from the Agency and XVI CerpficationRegarding the Restrictions of the Use
of Federal Funds forLobbying
c Refer the case W the Depariment of lustice for appropriate legal The approving authority certifies to the best of his or her knowledge and
plOCdings belief that
XIII Llquid8ted D2megeS 1 No federal appropriated fundshave been paid or will be paid by or on
behalf of the undersigned to any person for influencing or attempting to
Tha Agenoyherebyagrees that the liquidated damages provisions of 23 CFR influence an officer or employee of any federal agency a member of CongressPart635Subpart127assupplementedrelativetotheamoimtofFedernlanoffceroremployeeofCongressoranemployeeofartiemberofCongress
parucipauon in the project cost shall tie applicable in the event the contractor in connection with the awarding of any federal contract the making of any
fails to complete the conuact within the contracf time Failure to include federal gant the making of any federai Ioan the Bntering into of anyliquidateddamagesprovisionwiUnotrelievetheAgencyfromreductionofcooperativeagreementandtheexfensioncontinuationrenewalamendment
federal paticipation in accordance with this paragraph or modification of any federal wntract gant loan or cooperative agreement
XN Tertnination forPublic Convenience 2 u any fiuas osher than tederal appropriaied tunds have been Paidor wi1l
The Secretary of the Washington State Department of Transportation rriay be paid to any person for influencing or attempting to influence an officer or
terminate the contract in wholeor from time to ume in pazt whenever employee of any federal agency a meinber of Congress an offcer or employee
1 The requisite federal funding becomes unavailable through failure of of Congress or an employee ofa member of Congress in connection with this
appropriapon or otherwise federal conVact grant loan or cooperative agreement the undersigned shall
complete and submit the Standard Form LLL Disclosure Fortn to Report
2 The conuactor is prevented from proceeding with the work as a direct Lobbying in accordance with iu instructions
result of an Ezecutive Order of the President with respect to the prosecution of
war or in theinterest of national defense or an Executive Order of the President 3 1he undersignad shallrequire that thelanguage of this certification be
or Governor of the State with rospect W the preservation of energy resources included in the awad documenu for all subawazds at all tiers including
subgrants and contcacts and subcontracls under gcants subgranis loans and
3 The contractor is prevented from proceeding with the workby reason of cooperative agreements which ezceed 100000 ana that all such
a preliminary special or permanent restraining order of a court of competent subrecipients shall certifyand disclose accordingly
jurisdicuon where the issuance of such order is primarily caused by the acts or Ihis certigication is a material representation of fact upon which reliance
omissions of persons or agencies other than the wnuactor was placed when this transaction was made or entered into Submission of this
4 The Secretary determines that such termination is in the bcst interesu of
certification as a prerequisite for making or entering into this transaction
imposed by Section 1352 Tide31US Code Any peison who fails to file the
the State required certificatian shap be subject to a civil penalty of not less than 0000
and not more than 100000 for each such failure
Additional Provisions
Resolution No 4727
Exhibit A
Suly 8 2011
Page 4 of 4
RES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4728
Date:
July 14, 2011
Department:
Administration
Attachments:
Resolution No. 4728
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4728.
Background Summary:
King County Council unanimously approved submitting to the voters at the August
primary election a ballot measure to support a continuation of the expiring Veterans and
Human Services Levy. This levy, if approved by the voters, would continue a 5 cents per
$1,000 assessed valuation levy with one half of the proceeds from the levy being used to
support veterans and the their families in king county and the other half being used to
support general human service programs in king county. The value of this levy and the
benefits of the funds generated by it warrant consideration by the citizens of king county
and deserve the support of those citizens. The Auburn City Council is authorized to take
action collectively at a public meeting so long as compliance with RCW 42.17.130 are
met, to endorse or oppose ballot measures. The City Council would want to support this
measure because of the value to the veterans and the King County human services, at a
relatively minor costs, and as a continuation of the expiring 2005 levy.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Backus Staff:Heid
Meeting Date:July 18, 2011 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C
RESOLUTION NO 4 7 2 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON SUPPORTING
THE KING COUNTY VETERANS AND HUMAN
SERVICES LEVY
WHEREAS the King County Council approved legislation sending the
King County Veterans and Human Services levy to the votersto appear on the
August primary election ballot and
WHEREAS the King County Veterans and Human Services levy has
been unanimously approved by the regional policy committee the budget and
fiscal management committee and the full county council initially submitted fo
the voters in 2005 and again being submitted to the voters this year because the
prior levy will expire and
WHEREAS voters will be given the opportunify to decide whether they
want to continue forward with the current levy in which half of the proceeds would
be dedicated exclusively for programs to assist veterans and their families as a
reauthorization of an existing levy which has served thousands of people and
veterans throughout the county and theother half supporting general human
service programs in king counfy and
WHEREAS if approved by the voters the measure wouldcontinuethe
existing levy for an additional 6 years at the current rate of 5 cents per 1000
assessed valuation and
WHEREAS RCW 4217130 authorizes city councils to take collective
action regarding ballot measures appearing before the voters so long as the
action is taken at a public meeting the intended action is identfied on the
Resolution No 4728
July 14 2011
Page1 of 3
RES.C
agenda and where the opportunity for opposing views is given to attendees at the
public meeting and
WHEREAS in light of the value and the benefits to the King County
citizens and the veterans of the county it is appropriate that the City Council
support this ballot measure as permitted pursuant to RCW 4217130
NOW THEREFORE THECITY COUNCIL OF THECITY OF AUBURN
HEREBY RESOLVES as follows
Section 1 That the King County Veterans and Human Services levy
coming before the voters atthe August 2011 prima ry election is supported by
the City Council
Section 2 That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives ofthis
legislation
Section 3 That this Resolution shall take effecfi and be in full force
upon passage and signatures heceon
Dated and Signed this day of 2011
CITY OF AUBURN
PETERB LEVIIIS
MAYOR
ATTEST
Danielle E Daskam City Clerk
Resolufion No 4728
July 14 2011
Fage 2 of 3
RES.C
APP ED A TO FORM
C4i e i Attomey
Resolution No 4728
July 14 2011
Page 3 of 3
RES.C