HomeMy WebLinkAbout10-03-2011 Council Agenda Packet
City Council Meeting
October 3, 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. Proclamation - "Domestic Violence Awareness and Prevention Month"
Mayor Lewis to proclaim the month of October 2011 a s "Domestic Violence
Awareness and Prevention Month" in the city of Aubu rn.
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 re minded to sign in on the form
provided.
C. Correspondence
There is no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
1. September 26, 2011 Minutes* (Peloza)
B. Planning & Community Development
1. September 26, 2011 Minutes* (Norman)
C. Public Works
1. September 19, 2011 Minutes* (Wagner)
D. Finance
1. September 19, 2011 Minutes* (Backus)
E. Les Gove Community Campus
F. Downtown Redevelopment
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 federal, state, region al and local organizations.
A. From the Council
B. From the Mayor
V. CONSENT AGENDA
All matters listed on the Consent Agenda are consid ered by the City Council to be
routine and will be enacted by one motion in the fo rm listed.
A. Minutes of the September 19, 2011 City Council meet ing*
B. Claims Vouchers (Backus/Coleman)
Claims check numbers 407721 through 408052 in the a mount of $3,494,946.20
and dated October 3, 2011.
C. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532194 to 532256 in the amoun t of $308,306.18 and
electronic deposit transmissions in the amount of $1,177,954.68 for a grand total of
$1,486,260.86 for the pay period covering September 15, 2011 to September 28,
2011.
D. Public Works Project No. CP0915* (Wagner/Dowdy)
City Council grant permission to enter into Consult ant Agreement No. AG-C-409
with Golder Associates for design, survey and envir onmental services for Project
No. CP0915, Well 1 Improvements - Phase II
E. Public Works Project No. CP0920* (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 7 to Co ntract No. 10-26 in the amount
of $20,381.99 and accept construction of Project No . CP0920 2009 AC Watermain
Replacement
F. Public Works Project No. CP1109* (Wagner/Dowdy)
City Council approve award of Small Works Contract No. 11-15, to the lowest
responsible bidder for Project No. CP1109, 2011 Sto rm Pipeline Repair and
Replacement - Phase 1
G. Call for Public Hearing on Auburn Gateway Developme nt Agreement
(Norman/Snyder)
City Council to set the date for the public hearing on the Auburn Gateway
Development Agreement for October 17, 2011
(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. 6373* (Wagner/Heid)
An Ordinance of the City Council of the City of Aub urn, Washington, amending
Section 2.51.020 of the Auburn City Code relating t o compensation of Council
members and the Deputy Mayor
(ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6373.)
IX. RESOLUTIONS
A. Resolution No. 4731* (Peloza/Lee)
A Resolution of the City Council of the City of Aub urn, Washington, authorizing the
Mayor to accept grant funds from the U.S. Departmen t of Justice for a Byrne
Memorial Justice Assistance Grant
(ACTION REQUESTED: City Council adopt Resolution No . 4731.)
B. Resolution No. 4753* (Wagner/Dowdy)
A Resolution of the City Council of the City of Aub urn, Washington, authorizing the
Mayor to execute a Construction Loan Agreement betw een the City of Auburn and
the Washington State Public Works Board relating to the M Street SE Underpass
Project (C201A)
(ACTION REQUESTED: City Council adopt Resolution No . 4753.)
C. Resolution No. 4754* (Wagner/Dowdy)
A Resolution of the City Council of the City of Aub urn, Washington, authorizing the
Mayor to confirm the amounts owed and reimburse Pie rce County, Puget Sound
Energy and Cascade Water Alliance for the easement fees that the City agreed to
pay after the annexation of the area that encompass es the Lake Tapps Parkway
Drainage Facilities that empty into the Puget Sound Tailrace
(ACTION REQUESTED: City Council adopt Resolution No . 4754.)
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 avai lable for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM
Agenda Subject:
Proclamation - "Domestic Violence Awareness and
Prevention Month"
Date:
September 29, 2011
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 3, 2011 Item Number:AN.1
AUBURN * MORE THAN YOU IMAGINED AN.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 26, 2011 Minutes
Date:
September 28, 2011
Department:
Police
Attachments:
Municipal Services Draft Minutes 9/26/11
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:October 3, 2011 Item Number:MS.0
AUBURN * MORE THAN YOU IMAGINED MS.0
Municipal Services Committee
September 26, 2011 - 3:00 PM
City Hall Conference Room 3
MINUTES
DRAFT
I. CALL TO ORDER
A. Roll Call
Chair Peloza called the meeting to order at 3:00 p.m. in Conference Room 3 on the second floor of
City Hall, 25 West Main Street, Auburn WA. Members present : Chair Bill Peloza, Vice Chair Sue
Singer. Members excused absence : Member John Partridge. Staff present : Mayor Pete Lewis,
Chief of Police Bob Lee, Finance Director Shelley C oleman, Parks & Recreation Director Daryl
Faber, Arts Coordinator Maija McKnight and Police S ecretary/Scribe Kathy Emmert. Others
present : citizen Wayne Osborne.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no Agenda Modifications.
II. CONSENT AGENDA
A. Municipal Services Minutes - September 12, 2011 (L ee)
Vice Chair Singer moved to accept the Consent Agend a. Chair Peloza concurred.
MOTION CARRIED: 2-0
III. DISCUSSION ITEMS
A. Poet Laureate Honorary Position (Faber)
Seeking to establish a Poet Laureate Position that recognizes and honors a
citizen poet of exceptional talent and accomplishme nt. The Poet Laureate
also encourages appreciation of poetry and literary life in Auburn. Once a
Poet Laureate program and nomination process is est ablished the Auburn
Arts Commission will forward a recommendation to th e Mayor for final
selection and appointment.The term of service for t he next Poet Laureate
will be three years, beginning in the January of 20 12. The award is
honorific. There is no financial compensation for t he position. Documents
attached are the proposed application process.
Arts Coordinator Maiju McKnight presented the propo sed Poet Laureate position pointing out that
the City has an active and vibrant support for the visual and performing arts and this position would
provide similar support for the literary arts. The Committee expressed its support for
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the implementation of this position.
B. Solid Waste Contract Effective October 1, 2011 (Co leman)
Finance Director Coleman provided the Committee wit h an update of the services within Auburn
which will change effective October 1, 2011. Also discussed were some issues related to services
in the Pierce County portion of the City and a util ity leak issue in southeast Auburn that is being
addressed.
C. Golf Course Working Capital Review (Coleman)
Finance Director Coleman and Parks & Recreation Dir ector Faber presented the latest financial
assessment of the Auburn Golf Course. Revenues wer e up in August with the improvement of the
weather. The Committee will continue to monitor th is enterprise unit. A nationally recognized golf
consulting organization will be visiting and will p rovide a detailed analysis of areas well managed
and where improvement might be appropriate. The re port will not be available until approximately
60 days following the visit. The Committee anticip ates reviewing the report shortly thereafter.
D. Matrix
The Matrix is amended as follows:
Item 20P - Animal Control and Rescue - Status langu age deletes the language "The newly formed
Animal Control Task Force will update the Committee ". Language to be inserted is "On 9/19/11
Council approved Resolution No. 4747 for Professio nal Services Agreement. (Animal Shelter and
Service beginning January 1, 2013 with actual opera tions beginning January 1, 2013.)"
Item 29P - Review date is now October 24, 2011
IV. ADJOURNMENT
The meeting adjourned at 3:50 p.m.
Next Municipal Services Committee meeting is Octobe r 10, 2011 at 3 p.m.
Signed this ____ day of October, 2011.
_________________________________ _______________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
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AGENDA BILL APPROVAL FORM
Agenda Subject:
September 26, 2011 Minutes
Date:
September 28, 2011
Department:
Planning and Development
Attachments:
Draft Minutes September 26, 2011
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Norman Staff:
Meeting Date:October 3, 2011 Item Number:PCD.0
AUBURN * MORE THAN YOU IMAGINED PCD.0
Planning and Community
Development
September 26, 2011 - 5:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
A. Roll Call
Committee members present were: Chair Lynn Norman a nd Vice Chair Nancy
Backus. Committee member excused: John Partridge.
Staff members present included: Mayor Pete Lewis, D irector Kevin Snyder,
Planning Manager Elizabeth Chamberlain, Arts Coordi nator Maija McKnight, City
Engineer Dennis Selle, Contract Economic Developmen t Planner William
Thomas, Assistant City Attorney Steven Gross, Princ ipal Planner Jeff Dixon, and
Planning and Community Development Secretary Tina K riss.
Audience Members present included: Largo Wales, Way ne Osborne, Robert
Whale of the Auburn Reporter; and Terry Daynsh of D orsey & Whitney LLP,
representing Robertson Properties Group (RPG).
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - September 12, 2011 (Snyder)
Councilmember Backus moved and Councilmember
Norman seconded to Approve
the minutes of September 12, 2011.
Motion Carried Unanimously. 2-0.
III. DISCUSSION ITEMS
A. Poet Laureate Honorary Position (McKnight)
Arts Coordinator Maija McKnight provided informatio n to Committee on seeking to
establish a Poet Laureate Position that recognizes and honors a citizen poet of
exceptional talent and accomplishment. The Poet Lau reate also encourages
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appreciate of poetry and literary life. Once a Poet Laureate program and
nomination process is established the Auburn Arts C ommission will forward a
recommendation to the Mayor for final selection and appointment.
The term of service for the next Poet Laureate will be three years, beginning in
January of 2012. The award is honorific with no fin ancial compensation for the
position.
Committee and Ms. McKnight reviewed the program. Co mmittee would like to add
in the last bullet point, under the caption “Who is eligible to be nominated Poet
Laureate of City of Auburn”, P8 of 153, “or employee or contract employee of
the City of Auburn ”.
B. Auburn Gateway Project - Draft Development Agreemen t (Dixon)
Assistant City Attorney Steven Gross provided a bri ef introduction and reminded
the Committee this is a Quasi-Judicial action to be made as the process
continues. It will be a Quasi-Judicial action becau se the decision to enter into the
DA is a determination of the legal rights of the ap plicant, Robertson Property
Group, under former Auburn City Code 14.21. Council will be asked to consider
the application based various factors, because it i s a Quasi-Judicial action Council
is acting as a fact finder and a final determinate in this issue.
The decision and process is subject to the appearan ce fairness doctrine under
State Law which means information, testimony, or do cuments obtained regarding
this decision are to be received in an open and tra nsparent manner. As the
process proceeds, Council Members can send question s to Department Directors
in writing and responses can be provided (in writin g) to the applicant, the City
Council, and any other members of the public involv ed (to comply with the
appearance of fairness doctrine). Planning Director Snyder explained this is not
on the agenda for action but discussion only.
Principal Planner Jeff Dixon provided the staff rep ort on this item. The DA is a
voluntary contract between a local jurisdiction and the property owner within the
jurisdiction that sets forth its standards and cond itions that will govern the
development of the property.
In August 2011, City Council granted an extension t othe provisional approval of
the zoning and comprehensive plan changes prior to expiration. The extension
was needed in order to afford some additional time for bringing these policy
documents to the committees and ultimately, the Cou ncil. In August the City
Council granted the extension and approved Ordinanc e No. 6371 that provided a
4-month extension to the end of the year.
Principal Planner Dixon reviewed the documents prov ided for the Draft
Development Agreement. Committee and staff reviewed the terms of the
agreement and vesting. Land use, location and the p roject definition were
reviewed. Project reporting, coordination, approval s, flood storage, design and
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construction were discussed. Principal Planner Dixo n discussed Transportation,
Utility and Infrastructure improvements as shown in the draft DA. State
Environmental Protection Agency adequacy and modifi cations were
reviewed. City post approval requirements and all o ther documentation provided
were reviewed.
The C4, Mixed Use Commercial Zoning district in eff ect on the effective date of
this Agreement shall be applicable to the subject p roperty for the entire fifteen (15)
year term of the Agreement with three reviews at fi ve (5) year increments during
the fifteen (15) year term.
Committee recommended removing the word “in” Sectio n 5, P5 of 21, before the
word “interpleaded”. Assistant City Attorney Gross confirmed this revision will be
made.
Assistant City Attorney Gross pointed out that not all of the standards under
Chapter 14.21 are required in order to approve the application. Findings can
include a portion of the standards making it suffic ient from a legal basis to approve
the document. Planning Director Snyder stated plann ing staff will provide a staff
report with staff recommendations of specific findi ngs but ultimately Council’s will
determine the findings independent of staff’s recom mended findings.
Committee and staff discussed the request by RPG th at the City not be allowed to
initiate amendments to the design standards. Staff would approve the
amendments to the design standards as part of the c hanges for the DA and PAO
during the fifteen (15) year period. Any amendments to the design standards
could be initiated by RPG and brought before this C ommittee for review and
approval. This language provides certainty to RPG i n proceeding without the City
initiating amendments during the fifteen (15) year period.
Committee will be reviewing the documents and email questions to Planning
Director Snyder and he will forward to the appropri ate parties with a response
directed to all City Council members and applicant.
C. Auburn Gateway Project - Draft Planned Ordinance (Snyder)
Principal Planner Dixon provided the background inf ormation on this
item. Planning Director Snyder explained the Quasi-Judicial process used for the
DA is not necessary in this instance as the PAO is a legislative action. Mr. Dixon
reviewed the draft Planned Action Ordinance (PAO) s ummary with the Committee
along with the draft ordinance and Planned Action M itigation Measures.
Planning Director Snyder stated this will be going before Public Works Committee
for discussion on October 3rd and to Municipal Serv ices Committee the following
Monday, October 10th for discussion. Staff would th en seek action by the
Committee at the October 10th meeting to recommend forwarding to full City
Council. A Public Hearing, with the full Council is planned for October 17th and
then final Council action planned for November 7th.
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If there is public testimony this will give Council a chance to ask any additional
questions. This will provide an opportunity for sta ff to take notes based on
Council’s discussion and draft findings based on th e criteria and answering the
question if the proposed project meets that criteri a. Council can concur, add or
modify the findings as desired.
D. Proposed Master Plan Code (Chamberlain)
Planning Manager Elizabeth Chamberlain reviewed the proposed Master Plan
Code amendment recommendations provided by the Plan ning Commission at the
public hearing on September 7, 2011. Committee is p leased this is a voluntary
process encouraged by incentives. Planning Manager Chamberlain stated the
only public comment was from Richard Weinman repres enting Green River
Community College. The Committee did not have any f urther questions or
comments.
Ms. Chamberlain stated this item will be brought ba ck to Committee at the
October 24th meeting for action and if recommended approval, be on the
November 7th City Council Agenda.
E. Director's Report (Snyder)
Planning Director Snyder stated the Comprehensive D owntown Parking
Management Plan inventory and analysis has been com pleted by Planning Intern
Gary Yao. Staff will be providing a draft report to the Committee at the October
24th meeting. Staff will be meeting with Mayor Lewi s tomorrow to review
stakeholder questions for input and feedback and th en shortly after staff will be
holding stakeholder interviews with a select group. Downtown business and
property owners will take part in a survey as well as citizens will have an
opportunity to participate in a web based survey. T he plan is begin the survey
work by mid-November.
F. PCDC Status Matrix (Snyder)
Chair Norman announced there are minor date changes in the Matrix. If
Committee has questions please direct those to Plan ning Director Snyder.
IV. ADJOURNMENT
There being no further business to come before the Planning and Community
Development Committee, Chair Norman adjourned the m eeting at 6:24 p.m.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
September 19, 2011 Minutes
Date:
September 29, 2011
Department:
Public Works
Attachments:
September 19, 2011 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:October 3, 2011 Item Number:PW.0
AUBURN * MORE THAN YOU IMAGINED PW.0
Public Works Committee
September 19, 2011 - 3:30 PM
Annex Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room
#2, located on the second floor of Auburn City Hall , One East Main Street, Auburn,
Washington.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Haugen were
present. Also present during the meeting were: Mayo r Pete B. Lewis,
Councilmember John Partridge, Public Works Director Dennis Dowdy, City
Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid
Gaub, Utilities Engineer Dan Repp, Traffic Engineer Pablo Para, Traffic
Operations Engineer Scott Nutter, Maintenance and O perations Manager
Randy Bailey, Project Engineer Leah Dunsdon, and Pu blic Works Secretary
Jennifer Rigsby.
Members of the public in attendance included: Wayne Osborne.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve the minutes of the Septe mber 6, 2011 Public
Works Committee Meeting, as amended.
Vice-Chair Peloza noted two scrivener’s errors.
On page 5 of 8, fifth paragraph, Vice-Chair Peloza recommended the
minutes be changed to read, “…that the PCI be worde d the same way in
the ordinance as it was presented by Director Dowdy to the chamber.” The
Committee agreed.
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On page 8 of 8, first full paragraph, Vice-Chair Pe loza recommended the
minutes be changed to read “….by the property manag ement group. Vice-
Chair Peloza discussed the matter with Jeff Oliphan t and suggested a
management group sign be placed on the pond propert y for maintenance
contact information.” The Committee agreed.
Motion Carried Unanimously. 3-0.
B. Public Works Project No. CP0815 (Dunsdon)
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve the Final Pay Estimate No. 7 to Contract No. 09-
15 for Project No. CP0815, S 277th Street Reconstru ction Phase III – Mary Olson
Farm – Material Procurement.
Project Engineer Dunsdon provided clarification on the Background Summary in
response to a question asked by Vice-Chair Peloza. Dunsdon explained that all of
the project related work was done on the Mary Olson Farmhouse. The funds were
originally allocated for the Thomas Nelson Farmhous e but were reallocated for the
Mary Olson Farmhouse when restoration of the Thomas Nelson Farmhouse
became infeasible.
Motion Carried Unanimously. 3-0.
III. ORDINANCES
A. Ordinance No. 6377 (Dowdy)
An Ordinance of the City Council of the City of Aub urn, Washington,
Establishing a Transportation Benefit District With in the Corporate Limits of
the City of Auburn, Specifying the Maintenance and Preservation of Existing
Transportation Improvements, Providing for Addition al Transportation
Improvements and Creating a New Chapter 3.23 of the Auburn City Code
Entitled "Auburn Transportation Benefit District
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council introduce and adopt
Ordinance No. 6377, as amended.
Director Dowdy stated that the amendments to the or dinance that were
suggested by the Public Works and Finance Committee s have been made
and reviewed the amendments with the Committee.
Vice-Chair Peloza asked for clarification regarding the use of the word
“modal” in the ordinance. Director Dowdy answered t hat the City’s arterial
street system is a connectivity system for all mode s of transportation and
must be able to support all of those modes, i.e. bi cyclists, transit, motorists,
etc.
Chairman Wagner suggested that the goal of no pavem ent being at a
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Pavement Condition Index (PCI) below 70 be removed from the ordinance,
following comments made by Director Dowdy regarding the presentation of
the Transportation Benefits District to the Chamber of Commerce, but to
maintain the goal of bringing the system average up to a PCI of 80.
Member Haugen stated that she would not be voting i n support of the
ordinance because she was not satisfied with City C ouncilmembers acting
as the TBD Board. Chairman Wagner asked for suggest ions on how the
board should be comprised, if not of the City Counc il. Member Haugen
suggested a public election process but noted that elections are held at a
considerable expense. Mayor Lewis pointed out that there is a State law
that requires the City Council, not the Mayor, act as the board of governors
and there is no allowance for anything else regardl ess of any vote.
Motion Carried. 2-1. Those voting no: Haugen .
IV. DISCUSSION ITEMS
A. Capital Project Status Report (Gaub)
Item 13 – CP1005 – S. Division Street Promenade Project: Chairman
Wagner asked for a project status update. Assistant City Engineer Gaub
stated that the majority of the underground utility work is complete and the
contractor is working on the intersection improveme nts at Main and Division
Streets with the goal of having the intersection op en by the end of
September depending on weather conditions. The cont ractor will then
continue working down the corridor.
Assistant City Engineer Gaub reported that there is a delay with the light
and signal poles due to fabrication, but the major ity of the work should be
completed by the end of December 2011. However, the completion of all
the work will not likely be until February 2012.
Chairman Wagner asked about the overhead and underg round
power. Assistant City Engineer Gaub answered that t he overhead lines on
Division Street have been removed and there are no more private utility
poles that will remain on Division Street.
Chairman Wagner asked when the gateway sign will be installed. Assistant
City Engineer Gaub said the due to the fabrication time frame the sign will
probably be installed in December 2011 or January 2 012.
Assistant City Engineer Gaub stated that there are no bus stops on Division
Street within the Promenade and staff has been meet ing with Metro
regarding the bus routes through the downtown area to and from the Transit
Station, in response to questions asked by Chairman Wagner. Assistant
City Engineer Gaub stated that the intent is for Me tro to cross the new
promenade only at 2nd Street.
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Assistant City Engineer Gaub explained how the buse s will serve the
Wayland Arms apartments in response to a question a sked by Member
Haugen.
Vice-Chair Peloza asked about the gas tank that the contractor
located. Assistant City Engineer Gaub stated that a gas tank was found and
there is contaminated soil underneath of the tank a s well as potentially
contaminated ground water. The analysis is being co mplete so that staff
can determine what clean up is necessary and the ex tent of the
cleanup. Assistant City Engineer Gaub stated that s taff is also trying to
determine ownership of the tank. Assistant Director /City Engineer Selle
stated that it is fairly common to find tanks under ground when working in
the downtown area.
Item 17 – C207A – A Street NW Corridor Phase 1: Chairman Wagner asked
if any progress has been made to discuss the impact of the project on the
Post Office with the Postmaster. Mayor Lewis stated that he has had two
meeting scheduled with the Postmaster that have bee n cancelled and
rescheduled. Mayor Lewis said that project informat ion has been provided
to the Post Office by himself and City staff.
Chairman Wagner asked about notifying the public of the turn restrictions
into and out of the Post Office parking lot. Mayor Lewis stated that there will
be notices posted in the newspaper and signage alon g the roadway.
The Committee and Mayor Lewis discussed different p arking and access
scenarios that could be discussed with the Post Off ice representatives.
Vice-Chair Peloza commented on the condition of the Post Office parking
lot. Vice-Chair Peloza pointed out that the garbage in the parking lot had
been cleaned up but no other maintenance efforts ha ve been made and the
lot is still in poor condition.
Item 14 – C401A – S 277th Wetland Mitigation Monitoring: Member Haugen
asked for an update on the project’s status. Assist ant City Engineer Gaub
responded that the grading work is complete and the contractor is waiting
for the right time to complete the planting work.
Item 23 – C201A – M Street SE Underpass Project: Chairman Wagner
asked for a status update. Assistant City Engineer Gaub reported that the
design work is complete, the Right-Of-Way acquisiti on is complete and staff
has submitted for the Transportation Improvement Bo ard (TIB) grant and
should hear the award results in November. The proj ect should be
advertised for bids in December 2011.
Chairman Wagner asked about the work currently bein g done by Puget
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Sound Energy (PSE). Assistant City Engineer Gaub st ated that PSE is
relocating the overhead transmission lines, which c annot be
undergrounded, and will soon be relocating their ga s main that is in the
area.
Chairman Wagner asked when the storm water pond wor k will
begin. Assistant City Engineer Gaub answered that w ork will probably not
begin until summer 2012. Assistant City Engineer Ga ub stated that staff
anticipates the project will go out to bid in Decem ber 2011, the contract to
be awarded in February 2012 and project constructio n to begin in March or
April of 2012. Assistant City Engineer Gaub confirm ed that the storm pond
construction is part of the project budget and not the storm water budget, in
response to a question asked by Chairman Wagner.
Assistant City Engineer Gaub answered questions ask ed by Member
Haugen regarding the City’s ownership of the proper ty that was formerly
600 M Street SE. Assistant City Engineer Gaub repor ted that PSE is
working in front of the property, relocating their overhead lines. Member
Haugen commented on the liter that is on the City p roperty.
Member Haugen asked how many houses on M Street SE will be removed
and if the Park Apartments will be removed. Assista nt City Engineer Gaub
stated that the houses that were going to be remove d for the M Street
project are already demolished and that the apartme nts will not be
removed. Chairman Wagner asked if project informati on has been provided
to apartment residents. Mayor Lewis stated that he gave project maps to
the managers of the complex and asked staff to redi stribute the maps.
Item 33 – CP0765 – Lakeland Hills Reservoir Improvements: Assistant City
Engineer Gaub stated that the project is waiting on the completion of
Reservoir 6 and also on completion of the booster s tation work begin done
next to Reservoir 5. Assistant City Engineer Gaub e xplained that Reservoir
5 cannot be taking offline to make the improvements until Reservoir 6 is
complete, in response to a question asked by Member Haugen.
Item 40 – 2011 Local Street Pavement Preservation Phase 2: Chairman
Wagner asked if the rebuild work included in the pr oject scope will be able
to be completed in the winter months. Assistant Cit y Engineer Gaub
answered that the construction will probably begin in January 2012 and the
utility can begin at that time. Once the utility wo rk is complete, the time
should be appropriate to start work on the pavement .
Vice-Chair Peloza asked if work on H Street SE will be completed at the
same time. Assistant City Engineer Gaub stated that H Street SE is part of
the project.
Chairman Wagner asked if all of the streets in the project’s scope are
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concrete. Assistant City Engineer Gaub answered tha t there is a mixture of
existing concrete and asphalt streets.
Assistant Director/City Engineer Selle stated that asphalt pavement is the
City standard, particularly for residential streets and concrete may be
considered for truck routes or at intersections, in response to questions
asked by Member Haugen and Chairman Wagner.
Item B – CP1115 – NW City Hall Plaza Improvements: Assistant City
Engineer Gaub answered questions asked by Chairman Wagner regarding
the project design.
Mayor Lewis stated that one of the primary costs fo r the project is the
reconstruction of the ramp access for ADA complianc e.
Item E – MS1003 – Airport Storm Water Inventory/Survey: Utilities Engineer
Repp stated that he is waiting to receive the techn ical memo from the
consultant, in response to a question asked by Vice -Chair Peloza.
V. ADJOURNMENT
There being no further business to come before the Public Works Committee,
the meeting was adjourned at 4:10 p.m.
Page 6 of 6
Rich Wagner Jennifer Rigsby
Chairman Public Works Department Secretary
PW.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 19, 2011 Minutes
Date:
September 29, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Draft minutes are provided for information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:October 3, 2011 Item Number:FN.0
AUBURN * MORE THAN YOU IMAGINED FN.0
Finance Committee
September 19, 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, Vice Chair Lynn Norman, and Member Ri ch Wagner were present.
Also present were: Mayor Peter B. Lewis, Councilme mber John Partridge, City
Attorney Daniel B. Heid, Public Works Director Denn is Dowdy, Information
Services Director Lorrie Rempher, Planning and Deve lopment Director Kevin
Snyder, Financial Planning Manager Martin Chaw, Fin ance Accounting Manager
Rhonda Ewing, Economic Development Planner Bill Tho mas, Economic
Development Manager Doug Lein, and City Clerk Danie lle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. September 12, 2011 Minutes
Vice Chair Norman moved and Member Wagner seconded to approve the
September 6, 2011 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0.
B. Claims Vouchers (Coleman)
Claims check numbers 407350 through 407720 in the a mount of
$5,911,428.33 and dated September 19, 2011.
Committee members reviewed the claims and payroll v ouchers and briefly
discussed claims vouchers 407444, 407700, 407525, 4 07618, and 407662.
Vice Chair Norman moved and Member Wagner seconded to approve the claims
and payroll vouchers.
Page 1 of 4
FN.0
MOTION CARRIED UNANIMOUSLY. 3-0.
C. Payroll Vouchers (Coleman)
Payroll check numbers 532117 to 532193 in the amoun t of $822,373.66
and electronic deposit transmissions in the amount of $1,142,938.33 for a
grand total of $1,965,311.99 for the pay period cov ering September 1, 2011
to September 14, 2011.
See claims vouchers for approval of payroll voucher s.
III. ORDINANCES
A. Ordinance No. 6376 (Snyder)
An Ordinance of the City Council of the City of Aub urn, Washington,
repealing Section 3.60.035 of the Auburn City Code and creating a new
Section 3.60.036 of the Auburn City Code regarding construction sales tax
refunds
Ordinance No. 6376 was previously reviewed by the C ommittee on September 6,
2011.
Vice Chair Norman moved and Member Wagner seconded to approve Ordinance
No. 6376.
MOTION CARRIED UNANIMOUSLY. 3-0.
IV. RESOLUTIONS
A. Resolution No. 4746 (Rempher)
A Resolution of the City Council of the City of Aub urn, Washington,
declaring certain items of property as surplus and authorizing their disposal
Information Services Director Rempher stated that t he items requested for surplus
are non-repairable and/or obsolete.
Vice Chair Norman moved and Member Wagner seconded to approve Resolution
No. 4746.
MOTION CARRIED UNANIMOUSLY. 3-0.
B. Resolution No. 4748 (Rempher)
A Resolution of the City Council of the City of Aub urn, Washington,
authorizing the Mayor and City Clerk to execute an Interlocal Agreement
between the City of Auburn and the City of Pacific for information services
technology
Resolution No. 4748 was reviewed by the Committee o n September 6, 2011. The
resolution provides for an interlocal agreement wit h the City of Pacific for
information services technology and is a full cost recovery agreement.
Vice Chair Norman moved and Member Wagner seconded to approve Resolution
Page 2 of 4
FN.0
No. 4748.
MOTION CARRIED UNANIMOUSLY. 3-0.
V. DISCUSSION ITEMS
A. Ordinance No. 6377 (Dowdy)
An Ordinance of the City Council of the City of Aub urn, Washington,
Establishing a Transportation Benefit District With in the Corporate Limits of
the City of Auburn, Specifying the Maintenance and Pres ervation of Existing
Transportation Improvements, Providing for Addition al Transportation
Improvements and Creating a New Chapter 3.23 of the Auburn City Code
Entitled "Auburn Transportation Benefit District
Mayor Lewis stated that Ordinance No. 6377 establis hes a Transportation Benefit
District (TBD) and was originally discussed at Publ ic Works Committee meetings
and at the last Council retreat. No particular fun ding sources are being proposed
at this time. Mayor Lewis pointed out that the ord inance provides for an advisory
committee to advise the City Council/TBD Governing Board on project priorities.
Committee members commented that the TBD provides f or more transparency,
institutionalizes the advisory committee, and may p rove to be more competitive in
obtaining grant funding for transportation projects .
B. Resolution No. 4751 (Snyder)
A Resolution of the City Council of the City of Aub urn, Washington
expressing support for proposed King County Ordinan ce 2011-0227
regarding Pacific Raceways
Planning and Development Director Snyder explained that Resolution No. 4751
expresses the City Council's support for King Count y Ordinance 2011-0227
pertaining to the establishment of a demonstration project designation for Pacific
Raceways for the purpose of creating and evaluating a master planning process
for the Raceways. The County ordinance envisions a master plan process for
Pacific Raceways along with the establishment of a development agreement and
a comprehensive environmental impact statement revi ew. The process will allow
concerned citizens to be more engaged in the proces s and provide multiple
opportunities for public comment.
Member Wagner suggested that the Mayor's letter to the County emphasize that
the City at this point only endorses the process an d not any particular plan.
Member Wagner also recommended substituting the wor d "alleviate" with
"address" in the second paragraph on page 2 of the resolution.
C. July 2011 Financial Report (Coleman)
Financial Planning Manager Chaw presented the July Financial Report and
distributed a substitute spreadsheet entitled Sales Tax Summary, July 2011 Sales
Tax Distribution (for May 2011 retail activity).
Page 3 of 4
FN.0
As of the end of July, General Fund revenues are su fficient to meet expenditures.
Revenues are higher due to stronger than anticipate d collections in property and
sales taxes. Expenditures are slightly below budge t due to timing of expenses.
Manager Chaw briefly reviewed the enterprise funds. The Water Utility is
operating at a loss due to lower water usage by rat epayers. The Sewer Utility is
operating at a loss due to timing of payments to Me tro for sewer services. Golf
Course revenues improved due to favorable weather c onditions, but the fund
continues to operate at a loss as of July. The Cem etery Fund is operating at a
slight loss and will be monitored closely to determ ine if the year-to-date losses can
be reversed by the end of the year.
Member Wagner stated that it was a recent decision by Council to fund
depreciation in the Water and Sewer Utility funds. He questioned whether to
continue funding depreciation in the two funds whic h are now operating at a loss.
Mayor Lewis requested that the Public Works and Fin ance Committees discuss
depreciation and amortization of the utilities. M ember Wagner requested that the
Public Works Committee agenda also include the mont hly financial reports for the
utility funds.
VI. ADJOURNMENT
There being no further business to come before the Committee, the meeting adjourned
at 6:43 p.m.
APPROVED THE ______ DAY OF OCTOBER, 2011.
_______________________________ ______________________________
Nancy Backus, Chair Danielle Daskam, City Clerk
Page 4 of 4
FN.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 19, 2011 City Council meet ing
Date:
September 28, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 3, 2011 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINED CA.A
City Council Meeting
September 19, 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, Sue Singer, N ancy Backus, Bill Peloza,
Lynn Norman, Virginia Haugen, and John Partridge.
Directors and staff members present: City Attorney Daniel B. Heid, Planning and
Development Director Kevin Snyder, Risk Manager Rob Roscoe, Public Works
Director Dennis Dowdy, Employee Relations and Compe nsation Manager John
Fletcher, Financial Planning Manager Martin Chaw, P olice Commander Dave
Colglazier, Information Services Director Lorrie Re mpher, Economic Development
Planner Bill Thomas, Economic Development Manager D oug Lein, Parks, Arts
and Recreation Director Daryl Faber, Financial Serv ices Manager Rhonda Ewing,
and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
There was no announcement or presentation.
D. Agenda Modifications
There was no change to the agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Moratorium - Collective Cannabis Gardens (Norman/S nyder)
City Council to conduct a public hearing to receive public input
regarding the establishment, operation, location, a nd licensing of
collective cannabis gardens in the City of Auburn
Director Snyder reported that Resolution No. 4739 e stablishing a one year
moratorium on the establishment, operation, locatio n and licensing of
collective cannabis gardens was adopted on August 1 5, 2011. The public
hearing is being held in accordance with state law in order to receive public
comment.
Page 1 of 12
CA.A
Mayor Lewis opened the public hearing at 7:32 p.m. No one in the audience
requested to speak, and the hearing was closed.
2. Transportation Benefit District Formation (Wagner/Dowdy)
City Council to conduct a public hearing to receive public input on the
formation of a Transportation Benefit District and to review the
advantages afforded by forming a Transportation Ben efit District with
geographical boundaries comprised of the corporate limits of the City
of Auburn
Public Works Director Dowdy presented information r elated to the
establishment of a Transportation Benefit District (TBD). He explained that
state law requires the City to conduct a public hea ring before forming a TBD
and briefly reviewed the advantages of forming a TB D with geographical
boundaries comprised of the corporate limits of the city.
The City would have considerable additional future funding options and
flexibility in finding resources to fund preservati on of the arterial street
system. Specifically, the following benefits would be realized:
- Separate legal entity
- Specific and narrowly defined charter
- Separate financing and taxing capacity
- Termination once the purpose for forming is sa tisfied and all debts paid
- Broad range of funding options under state law
- Flexibility in project management and resourci ng
- Transparency in public policy and use of fundi ng
Director Dowdy stated that Auburn's revenue challen ges have been similar to
many other Washington cities as transportation reve nues have been reduced
in recent years by various citizen initiatives and new legislation.
The net effects of taxpayer initiatives on local tr ansportation funding have
been dramatic. From 1999 to 2003, Auburn's annual average transportation
preservation budget was about $1.6 million. The av erage annual loss due to
initiatives over the same period was $825,000, repr esenting about a 51
percent decrease in Auburn's arterial preservation funds. These revenue
restrictions have had, and will continue to have, a significant impact on the
City's ability to maintain and preserve the City's transportation infrastructure.
Even with adoption of the one percent utility tax t o help offset some of these
revenue losses, the City now has only $1.5 million annually to spend on the
arterial system or about 30 percent of what should be invested.
With formation of the district, no particular fundi ng resources are being
proposed at this time. The District would be subje ct to the requirements of
Chapter 36.73 RCW. State law requires that the Cit y Council would be the
"governing board" of the newly formed district.
Page 2 of 12
CA.A
In response to questions from Councilmember Haugen, Director Dowdy
stated that there is no intent to disband the City's Save Our Streets Program
until such time as there are replacement revenues. Councilmembers will be
the TBD governing body in accordance with state law .
Mayor Lewis pointed out that a TBD allows for estab lishment of an advisory
group which would be comprised of citizens appointe d by the Mayor and
confirmed by Council.
At 7:40 p.m., Mayor Lewis opened the public hearing . No one in the
audience requested to speak, and the hearing was cl osed.
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 a re reminded to sign in
on the form provided.
Frank Zalud, 1123 4th Street NE, Auburn
Mr. Zalud spoke regarding the recent installation b y the post office of mailboxes
within his front yard without his knowledge . He t hanked the city for issuing a stop
work order on the project.
Jill Jones, 1201 4th Street NE, Auburn
Ms. Jones also spoke in opposition to the post offi ce installing large mailboxes in
front of her property without prior notification. Ms. Jones spoke regarding the
historical nature of her home and the significant t rees located in her front yard and
suggested another location might be more appropriat e.
Eric Swanson, Operations Manager, Regional Animal S ervices of King County ,
21615 64th Avenue South, Kent
Mr. Swanson spoke on behalf of Regional Animal Serv ices of King County and
reviewed challenges and difficulties that cities fa ce with regard to animal care and
control services. Mr. Swanson stated that it is th e belief of King County that
jurisdictions are better served by a regional anima l care and control provider. Mr.
Swanson spoke regarding partnership services offere d by King County and their
endeavors to keep the euthanasia rate low, provide animal control service twenty-
four hours per day, investigate animal cruelty case s, provide customer service and
animal care where animals can be claimed at the she lter seven days a week. Mr.
Swanson also spoke about measures to accomplish ope ration efficiencies. Mr.
Swanson urged the City Council to consider remainin g with King County for
animal care services.
C. Correspondence
There was no correspondence for the Council's revie w.
III. COUNCIL COMMITTEE REPORTS
Page 3 of 12
CA.A
A. Municipal Services
Chair Peloza reported the Municipal Services Commit tee met September 12,
2011. The Committee reviewed Project No. 1110, the Jacobsen Tree Farm and
Fields Residential Buildings Demolition Project. T he Committee also reviewed
Resolution No. 4729 approving the formation of the Community Connectivity
Consortium. The Committee discussed Resolution No. 4748, authorizing
an interlocal agreement with the City of Pacific fo r information services
technology, animal services including the proposed agreement with the Auburn
Valley Humane Society, and the Committee's matrix. The next regular meeting of
the Municipal Services Committee is scheduled for S eptember 26, 2011 at 3:00
p.m.
B. Planning & Community Development
Chair Norman reported the Planning and Community De velopment Committee
met September 12, 2011. The Committee reviewed Res olution No. 4733
authorizing an interagency agreement with King Coun ty for the Fenster Levee
Final Design Project and Resolution No. 4751 expres sing the Council's support for
the King County process for review of Pacific Racew ays proposal. The
Committee also discussed Ordinance No. 6376 relatin g to sales and use tax
refunds, cluster subdivisions, and the results of a recent meeting with
Muckleshoot Indian Tribe where items of mutual inte rest were discussed. The
next regular meeting of the Planning and Community Development Committee is
scheduled for September 26, 2011 at 5:30 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee me t this afternoon at 3:30.
The Committee reviewed final pay estimate for Publ ic Works Project No. CP0815,
the South 277th Street Reconstruction Project, Phas e III, Mary Olson Farm
Materials Procurement, and Ordinance No. 6377 estab lishing a Transportation
Benefit District within the city limits of Auburn. The Committee also reviewed the
Capital Project Status Report. The next regular me eting of the Public Works
Committee is scheduled for October 3, 2011.
D. Finance
Chair Backus reported the Finance Committee met thi s evening at 6:00. The
Committee reviewed claims and payroll vouchers, inc luding payments made to
BRC, Inc., in the amount of $186,000 for Project C2 01A a residential
building demolition project, Dieringer School Distr ict in the amount of
$270,000, Johansen Excavation in the amount of $852 ,000 related to Project
CP1005 the South Promenade Project, Pease & Sons, I nc. in the amount of
$388,000 for Project CP0817 the White River Pump Pr oject, and SCORE in the
amount of $951,000. The Committee also reviewed O rdinance No. 6376 relating
to construction sales tax refunds, Resolution No. 4 746 authorizing surplus of
unrepairable property items, and Resolution No. 474 8 authorizing an Interlocal
Agreement with the City of Pacific for information services technology. The
Page 4 of 12
CA.A
Committee discussed Ordinance No. 6377 relating to the creation of a
Transportation Benefit District, Resolution No. 475 1 expressing the Council's
support for King County Ordinance No. 2011-0227 rel ating to Pacific Raceways,
and the July Financial Report. The next regular me eting of the Finance
Committee is scheduled for October 3, 2011 at 6:00 p.m.
E. Les Gove Community Campus
The Les Gove Community Campus Committee has not met since the last Council
meeting.
F. Downtown Redevelopment
The Downtown Redevelopment Committee has not met si nce 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
Deputy Mayor Singer reported on her participation i n a Puget Sound Regional
Council regional committee to set regional transpor tation priorities, the Regional
Economic Development Board meeting, and the grand o pening ceremony for the
South Correction Entity (SCORE) detention facility.
Councilmember Wagner reported he attended the Regio nal Access Mobility
Partnership, a Pierce County transportation committ ee, where members
discussed the State Route 167 tolling study and the work of the Connecting
Washington Task Force. Councilmember Wagner also reported that he attended
a meeting with members of the Muckleshoot Indian Tr ibe Council.
Councilmember Partridge reported on attendance at t he See Ya Later Foundation
event. The See Ya Later Foundation supports famili es with terminally ill family
members. Councilmember Partridge will also be part icipating in events with
members of the Valley Regional Fire Authority and U nion Local No. 1352 to
raise funds for children of victims of 9/11.
Councilmember Norman reported on her attendance at a meeting with members
of the Muckleshoot Indian Tribe Council, a joint me eting of the Puget Sound
Regional Council Growth Management Policy Committee and the Transportation
Prioritization Committee, the South Correctional En tity (SCORE) facility grand
opening, the 9/11 remembrance ceremony at the Aubu rn International Farmers
Market, and Triumph of the American Spirit concert held at the Performing Arts
Page 5 of 12
CA.A
Center.
Councilmember Backus reported on her attendance at a meeting with members of
the Muckleshoot Indian Tribe Council and the dedica tion ceremony for the Valley
Regional Fire Authority Station No. 34 located on L ea Hill. Councilmember
Backus expressed thanks to the Auburn Regional Medi cal Center for the care her
father received this past week.
Councilmember Peloza reported that he attended the National League of Cities
(NLC) meeting in New Orleans. Councilmember Peloza is a member of
the National League of Cities Energy, Environment a nd Natural Resources
Committee. Councilmember Peloza reported that whil e at the National League of
Cities he was able to secure the renewal of a NLC r esolution relating to the
abatement of millfoil. Councilmember Peloza remind ed that the Auburn
International Farmers Market's third season ends th is weekend. Councilmember
Peloza also reported that he attended the Valley Re gional Fire Authority's Station
34 dedication on Lea Hill.
Councilmember Haugen reported that she attended the 9/11 remembrance
ceremony at the Performing Arts Center.
B. From the Mayor
Mayor Lewis reported that much of his last week was spent in emergency
management and preparedness training that was coord inated by the Federal
Emergency Management Administration (FEMA) to simul ate a regional flooding
event. Mayor Lewis also reported on the recent Sou th Correctional Entity
(SCORE) facility dedication; a meeting with members of the Muckleshoot Indian
Tribe Council where discussion included such topics as economic development,
safety improvements for State Route 164, fireworks, and transportation projects;
several neighborhood meetings, the 9/11 remembrance events at the Auburn
International Farmers Market and the Performing Art s Center, meetings with King
County Animal Services and the Auburn Valley Humane Society, dedication of the
Valley Regional Fire Authority Station 34, and a pa rty celebrating the 100th
birthday of the mother of Councilman Wagner, Elizab eth Johnson Wagner
Koehne.
V. CONSENT AGENDA
A. Minutes of the September 6, 2011 City Council Meeti ng
B. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532117 to 532193 in the amoun t of $822,373.66 and
electronic deposit transmissions in the amount of $1,142,938.33 for a grand total
of $1,965,311.99 for the pay period covering Septem ber 1, 2011 to September 14,
2011.
C. Public Works Project No. CP0815 (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 7 to Co ntract No. 09-15 in the
Page 6 of 12
CA.A
amount of $0 and accept construction of Project No. CP0815, S. 277th St.
Reconstruction Project Phase III - Mary Olson Farm - Materials
Procurement.
D. Call for Public Hearing (Backus/Coleman)
City Council to call for a public hearing to be hel d October 3, 2011 to
receive public comments and suggestions with regard to the proposed
modifications to the 2011-2012 Biennial Budget, inc luding revenue
estimates and possible increases in property taxes
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve
the Consent Agenda.
Councilmember Haugen requested removal of the claim s vouchers from the
Consent Agenda for consideration separately.
MOTION TO APPROVE THE CONSENT AGENDA, EXCEPTING THE CLAIMS
VOUCHERS, CARRIED UNANIMOUSLY. 7-0.
VI. UNFINISHED BUSINESS
A. Claims Vouchers
Claims check numbers 407350 through 407720 in the a mount of
$5,911,428.33 and dated September 19, 2011.
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve
the claims vouchers.
Councilmember Haugen requested that the City change the format for payroll and
claims voucher sheets. Councilmember Haugen referr ed to an error she detected
in the claims voucher sheet.
Mayor Lewis responded that the error referred to by Councilmember Haugen was
an error in the description and not in the amount p aid.
Councilmember Backus explained that the claims vouc hers report allows for a
forty character description of the voucher. The er ror referred to by
Councilmember Haugen was an error in the voucher de scription and not in the
payment. Councilmember Backus reported that the Fi nance Committee reviews
the vouchers extensively.
Deputy Mayor Singer pointed out that payroll vouche rs are separate from claims
vouchers.
Councilmember Haugen stated that more transparency is needed for the salary of
the Mayor and the Council. Mayor Lewis responded t hat the salaries of public
officials are public record. All Councilmembers, w ith the exception of the Deputy
Mayor, currently receive the same salary.
Page 7 of 12
CA.A
Councilmember Backus noted that some of the Council members have signed
agreements to give back to the City two percent of their salary in response to the
City's two percent reduction in employee salaries.
In response to Councilmember Haugen's further comme nts regarding Council
salaries, Mayor Lewis responded that there was neve r in effect an automatic pay
increase for Councilmembers; the Council salary is and has always been a set
amount.
MOTION CARRIED UNANIMOUSLY. 7-0.
VII. NEW BUSINESS
There was no new business for Council review.
VIII. ORDINANCES
A. Ordinance No. 6376 (Norman/Snyder)
An Ordinance of the City Council of the City of Aub urn, Washington,
repealing Section 3.60.035 of the Auburn City Code and creating a new
Section 3.60.036 of the Auburn City Code regarding construction sales tax
refunds
Councilmember Norman moved and Councilmember Backus seconded to
introduce and adopt Ordinance No. 6376.
Deputy Mayor Singer questioned the return on invest ment and the expected
benefit of the ordinance. Planning and Development Director Snyder responded
the short term loss of potential sales tax revenue would be offset by the longer
term gain of attracting businesses that will genera te sales tax revenue and
additional property taxes for the City.
Economic Development Manager Lein reiterated that t he short term loss of sales
tax revenue on construction would be offset by job creation and additional
property taxes.
Councilmember Haugen spoke against the proposed ord inance.
Councilmember Backus stated that the City has very few tools to attract new
businesses and development to the City. The propos ed ordinance is one of the
few ways that a City can provide an incentive to b ring new businesses and
development to the City.
Mayor Lewis emphasized that the proposed ordinance refers to refunding of
construction sales tax. It is not a refund of tax on sales; it is a refund of sales tax
on new construction.
Councilmember Norman spoke in favor of the ordinanc e to stimulate development
and redevelopment.
Page 8 of 12
CA.A
MOTION CARRIED. 6-1. Councilmember Haugen voted n o.
B. Ordinance No. 6377 (Wagner/Dowdy)
An Ordinance of the City Council of the City of Aub urn, Washington,
establishing a Transportation Benefit District with in the corporate limits of
the City of Auburn, specifying the maintenance and preservation of existing
transportation improvements, providing for addition al transportation
improvements and creating a new Chapter 3.23 of the Auburn City Code
entitled "Auburn Transportation Benefit District"
Councilmember Wagner moved and Councilmember Peloza seconded to
introduce and adopt Ordinance No. 6377.
Councilmember Wagner spoke in favor of Ordinance No . 6377 noting a
Transportation Benefit District will provide additi onal transparency relating to
arterial street construction and preservation and w ill institutionalize an advisory
committee.
MOTION CARRIED. 6-1. Councilmember Haugen voted n o.
IX. RESOLUTIONS
A. Resolution No. 4729 (Peloza/Rempher)
A Resolution of the City Council of the City of Aub urn, Washington,
approving the formation of the Community Connectivi ty Consortium, a
public corporation, authorizing the Mayor and City Clerk to enter into an
Interlocal Agreement establishing the Community Con nectivity Consortium
between the City and other government agencies for the construction and
management of fiber optic projects, and approving t he charter of the
Community Connectivity Consortium
Councilmember Peloza moved and Deputy Mayor Singer seconded to adopt
Resolution No. 4729.
Councilmember Peloza stated that in 2009 the Counci l approved an interlocal
agreement with several cities to allow for jointly constructing and managing fiber
optic projects. To be more competitive in grant ap plications and to better serve
the membership, the form of the organization has be en changed to a public
corporation. Therefore, a new public corporation i nterlocal agreement is
necessary to establish a governing board, provide j oint ownership of fiber
resources, provide a framework for management, and provide better protection to
the members.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolution No. 4746 (Backus/Rempher)
A Resolution of the City Council of the City of Aub urn, Washington,
declaring certain items of property as surplus and authorizing their disposal
Page 9 of 12
CA.A
Councilmember Backus moved and Councilmember Norman seconded to adopt
Resolution No. 4746.
MOTION CARRIED UNANIMOUSLY. 7-0.
C. Resolution No. 4747 (Peloza/Heineman)
A Resolution of the City Council of the City of Aub urn, Washington,
authorizing the Mayor and City Clerk to execute an Agreement between the
City of Auburn and Auburn Valley Humane Society (AV HS) for animal
control services
Councilmember Peloza moved and Councilmember Partri dge seconded to
adopt Resolution No. 4747.
Councilmember Peloza stated that the City currently contracts with King County
Animal Control for animal services. The current co ntract expires December 31,
2012. The pursuit of a less expensive animal contr ol service for the Auburn
community began nearly two years ago. Since that t ime, Councilmember
Partridge and Mayor Lewis have taken the lead and e ngaged with the Auburn
Valley Humane Society. Discussions with the Auburn Valley Humane Society
have yielded good results, and the proposed contrac t with Auburn Valley Humane
Society will save the City over $250,000 annually i n animal care services
beginning in 2012. Mr. Peloza noted that startup c osts will include capital building
improvements. The Municipal Services Committee rec ommends approval of the
resolution.
Councilmember Haugen commended Councilmember Partri dge and Human
Resources Director Heineman for their work on this subject.
Councilmember Partridge commended staff for their w ork on this endeavor. He
congratulated the citizens and business owners who donated their time and
efforts in pursuit of a solution to Auburn's need f or improved animal care services.
He urged the Council's support of Resolution No. 47 47.
Councilmember Norman noted staff was able to satisf actorily identify the source of
funding for the capital improvements and start up c osts needed to contract animal
services with Auburn Valley Humane Society. Counci lmember Norman also
stated that success not only depends on finances an d budget, but on building a
viable partnership through respectful communication .
Councilmember Wagner spoke in favor of Resolution N o. 4747 as it represents a
good financial decision for the City and a good qua lity of life decision for animals.
MOTION CARRIED UNANIMOUSLY. 7-0.
Mayor Lewis noted that the contract with King Count y for animal services
continues in effect through the end of the year 201 2.
Page 10 of 12
CA.A
D. Resolution No. 4748 (Backus/Rempher)
A Resolution of the City Council of the City of Aub urn, Washington,
authorizing the Mayor and City Clerk to execute an Interlocal Agreement
between the City of Auburn and the City of Pacific for information services
technology
Councilmember Backus moved and Councilmember Norman seconded to adopt
Resolution No. 4748.
Councilmember Backus explained that the resolution authorizes an interlocal
agreement with the City of Pacific for information services technology. The
interlocal agreement is a full cost recovery model.
MOTION CARRIED UNANIMOUSLY. 7-0.
E. Resolution No. 4751 (Norman/Snyder)
A Resolution of the City Council of the City of Aub urn, Washington
expressing support for proposed King County Ordinan ce 2011-0227
regarding Pacific Raceways
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4751.
Councilmember Norman stated the master plan demonst ration project should
provide concerned citizens and the owners with grea ter certainty over rules,
requirements and regulations, and more opportunity for citizen engagement and
input. Councilmember Norman noted scrivener's erro r in the second paragraph
on page 2 of the document where the word "alleviate " should be replaced with
"address."
Councilmember Peloza thanked the owners of Pacific Raceways for bringing the
information to the last Council Committee of the Wh ole meeting.
Councilmember Backus concurred with Councilmember P eloza. She noted that
Pacific Raceways has been a catalyst for economic d evelopment in the area for
over fifty years. Councilmember Backus also noted that Resolution No. 4751
expresses the Council's support for King County's p rocess for evaluating the
master planning process.
Councilmember Wagner reiterated that the resolution endorses the process and
not the plan, at this point.
Councilmember Haugen reported that she received inf ormation earlier today
which leads her to believe that she should abstain from voting. City Attorney Heid
advised that the action before the Council is legis lative and not quasi-judicial.
MOTION CARRIED UNANIMOUSLY. 7-0.
Page 11 of 12
CA.A
X. EXECUTIVE SESSION
At 9:18 p.m., Mayor Lewis recessed the meeting for a five minute recess and then to
executive session for five minutes in order to disc uss pending or potential litigation
pursuant to RCW 42.30.110(1)(i). City Attorney Heid , Public Works Director Dowdy and
Financial Services Manager Rhonda Ewing were reques ted to attended the executive
session. Action is anticipated following the execu tive session.
At 9:26 p.m., Mayor Lewis reconvened the meeting
City Attorney Heid read the title of Resolution No. 4752:
A Resolution of the City Council of the City of Aub urn, Washington, approving a
Settlement Agreement with the Boeing Company for wa ter supplied to Boeing Building
17-45
Councilmember Wagner moved and Councilmember Peloza seconded to
adopt Resolution No. 4752.
MOTION CARRIED UNANIMOUSLY. 7-0.
XI. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
9:27 p.m.
APPROVED THE ______ DAY OF ______________________, 2011.
____________________________ _________________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
Page 12 of 12
CA.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
September 15, 2011
Department:
Finance
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:October 3, 2011 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINED CA.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
September 15, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:October 3, 2011 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINED CA.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0915
Date:
September 27, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Summary of Project Scope
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to enter into Consult ant Agreement No. AG-C-409 with
Golder Associates for design, survey and environmen tal services for Project No.
CP0915, Well 1 Improvements Phase II
Background Summary:
The Well 1 Improvements project will design and con struct improvements to bring the
Well 1 to current City standards for source reliabi lity, water quality, and system
control/monitoring. The project, which is located 1 130 M Street Southeast, will construct
a new well house, a new variable speed pump/motor s ystem, permanent chlorination,
on-site emergency power, upgraded electrical/teleme try controls, a transmission line to
the Howard Road Corrosion Control Treatment Facilit y (CCTF), and integrate Well 1 flow
with existing supplied water from the Coal Creek Sp rings at the CCTF. The project will
also replace the existing storm drainage system on M Street SE, from Auburn Way
South to 8th Street SE, including an overflow conne ction from Well 1.
This scope of services includes survey and base map ping, preliminary engineering,
preliminary geotechnical investigations, environmen tal documentation and permitting,
and final design (including plans, specifications, and estimates). The scope also contains
optional services for bidding assistance, construct ion support, record drawing
preparation, and post commissioning services. See a ttached Consultant Agreement
Summary for additional details.
The Not-to-Exceed Amount for this agreement is $808 ,400.
A project budget contingency of $1,716,090 remains in the 430 Water Utility Fund for
2011.
O4.11.1 CP0915
AUBURN * MORE THAN YOU IMAGINED CA.D
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 3, 2011 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINED CA.D
Project No: CP0915Project Title:
Project Manager: Robert Lee
Initiation/Consultant Agreement
Initiation Date: _10/05/2009 ___ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 Future Years Total
430 Fund - Water 108,1842,080,000720,81002,908,994
432 Fund - Storm Utility 00250,0000250,000
Total108,1842,080,000970,81003,158,994
Activity Prior Years 20112012Future YearsTotal
Design Engineering - City Costs10,07110,00010,000030,071
Preliminary Engineering - Consultant Costs98,11378,91000177,0 23
Design Engineering - Consultant Costs0275,000214,0000489,000
Construction Estimate 00750,0001,000,0001,750,000
Project Contingency (15%)00112,500150,000262,500
Construction Engineering - City Costs0065,00065,000130,000
Construction Engineering - Consultant Costs**00175,000145,40 0320,400
Total108,184363,9101,326,5001,360,4003,158,994
Prior Years 20112012Future YearsTotal
*430 Funds Budgeted ( )(108,184)(2,080,000)(720,810)0(2,908,994)
430 Funds Needed 108,184363,9101,076,5001,360,4002,908,994
*430 Fund Project Contingency ( )0 (1,716,090)00(0)
430 Funds Required 00355,6901,360,4000
Prior Years20112012Future YearsTotal
*432 Funds Budgeted ( )00 (250,000)0(250,000)
432 Funds Needed 00250,0000250,000
*432 Fund Project Contingency ( )00000
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City h as available.
** This expense is reflective of the Optional Services included in the Consultant Agreement.
BUDGET STATUS SHEET
Well 1 Improvements
Date: September 20, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
432 Storm Budget Status
430 Water Budget Status
H:\PROJ\CP0915-Well 1 Improvements\Budget\CP0915-BudgetStatusSheet.xls Page 1 of 1
CA.D
CP0915, WELL 1 IMPROVEMENTS – PHASE II PROJECT
CONSULTANT SCOPE OF WORK SUMMARY
PAGE 1 OF 3
CP0915 – Well 1 Improvements Project – Phase II
City of Auburn
Scope for Design, Survey, and Environmental Service s - Summary
This Summary of the Scope of Work is for CP091, Well 1 Improvements Project. This scope includes
survey and base mapping, preliminary engineering, p reliminary geotechnical investigations,
environmental documentation and permitting, and fin al design (including plans, specifications, and
estimates). The scope also contains optional servi ces for bidding assistance, construction support, r ecord
drawing preparation, and post commissioning service s.
Project Description
The Well 1 Improvements project will design and con struct improvements to bring the Well 1 to current
City standards for source reliability, water qualit y, and system control/monitoring. The project, whic h is
located 1130 M Street Southeast, will construct a n ew well house, a new variable speed pump/motor
system, permanent chlorination, on-site emergency p ower, upgraded electrical/telemetry controls, a
transmission line to the Howard Road Corrosion Cont rol Treatment Facility (CCTF), and integrate Well 1
flow with existing supplied water from the Coal Cre ek Springs at the CCTF. The project will also repl ace
the existing storm drainage system on M Street SE, from Auburn Way South to 8th Street SE, including
an overflow connection from Well 1.
Project Management
This task will be continuous throughout the project duration, which is assumed to be 14 months. It wil l
include the work necessary to set up and plan the en tire project and establish project-specific procedu res,
including communication, overall project coordinati on with the City and project team, and project
closeout.
Alternatives Analysis
The alternatives analysis will evaluate different o ptions for the project. The decision criteria for the
analysis shall include cost/benefit, maintenance an d operation considerations, constructability,
reliability and component lifecycle. The Consultan t shall develop alternatives, create a decision mat rix,
provide recommendations, and document the decision process and final outcome.
The alternatives analysis will be presented in a te chnical memo with a Consultant recommendation for
the City to review and select from the preferred al ternatives. The decision process and final outcome
will be described in the memo and these components will be used in the preliminary design.
Preliminary Design
Using the layouts developed during the alternatives analysis and technical memo, a Preliminary Design
package will be developed. The preliminary design package will consist of Basis of Design Report,
plans, outlined specifications, cost estimate and d raft and final Department of Health (DOH) Project
Report for the selected alternative.
CA.D
CP0915, WELL 1 IMPROVEMENTS – PHASE II PROJECT
CONSULTANT SCOPE OF WORK SUMMARY
PAGE 2 OF 3
Survey and Geological Investigation
A survey will be performed at the Well 1 site, alon g the transmission line alignment along 17th Street SE
and R Street SE, and measure downs for manholes and catch basins in M Street.
The results and findings will be presented in a geo technical investigation report that will contain a site
map showing the exploration location, boring logs, results of the laboratory testing, foundation
recommendations for the well house, and backfill re commendations for the water line.
Well Improvements and Connection to the System
The Consultant will prepare the design for the impr ovements at the well location, including the well
house structure, pump and motor, piping and appurten ances, waste discharge system, monitoring well,
and electrical improvements. Electrical improvement s will consist of a new power, instrumentation and
control system, including variable frequency drive (VFD) motor controls, power and control wiring,
lighting, connections for HVAC and on-site emergenc y power.
The Consultant will prepare a preliminary monitorin g well design based on the expected hydrogeologic
conditions at the site and final well completion.
The Consultant will prepare the design for the stor m drain replacement on M Street between Auburn
Way South and 8th Street Southeast consisting of ap proximately 2,500 linear feet of storm sewer. The
portion from Auburn Way South to Well 1 (approximat ely 1,600 linear feet) will be replaced with 12-inc h
storm sewer to replace the 12-inch existing. The r emaining segment will be sized to accommodate the
stormwater emergency overflow from the Well 1 site.
Design for the water transmission main and the conn ection to the CCTF will include approximately 4,500
feet of 12 inch main and will be aligned from the w ell site along M Street Southeast to Auburn Way, th en
along Auburn Way to 17th Street Southeast, then alo ng 17th Street Southeast to R Street Southeast, the n
along R Street Southeast to Howard Road, and along H oward Road to the CCTF.
Consultant will coordinate with the City’s SCADA Im provements Consultant, Technical Systems, Inc.
(TSI) for the integration of the system modificatio ns and control changes at the CCTF, as well as the
controls at Well 1, into the City’s SCADA system.
Permitting Support
The Consultant shall provide support necessary to c omplete the three required permitting documents.
These include a State Environmental Policy Act (SEP A) checklist, State Department of Archaeology and
Historic Preservation’s Historic and Cultural Resou rces Review, and a City building permit. The
Historic and Cultural Resources Review will consist of submittal of an EZ-1 Form to the City.
Final Design Documents
The Consultant shall prepare final design drawings, specifications, and cost estimate for incorporation in
the final bid documents package. Engineering desig n drawings technical specifications and costs
estimates will be prepared at the 60-percent, 90-pe rcent and 95- percent levels.
Total Primary Consultant Services = $489,000
CA.D
CP0915, WELL 1 IMPROVEMENTS – PHASE II PROJECT
CONSULTANT SCOPE OF WORK SUMMARY
PAGE 3 OF 3
Optional Services
Bidding Services – The Consultant may provide the following service s as requested by the City:
• Providing written responses to questions during bid ding.
• Preparation of Addenda documents if required
Construction Support – Per the City’s request, an optional task for con struction support is included in
the scope of work. The Construction Support Task w ill be evaluated at 90-percent design.
The Consultant will support City staff during the c onstruction phase for the Well 1 site, Monitoring W ell,
offsite water transmission line, offsite storm drai n line, and modifications of the Howard Rd CCTF. C ity
staff will provide overall construction management; the Consultant will provide additional technical
assistance.
Preparation of Record Drawings – U pon completion of the construction phase of the pro ject, Consultant
will prepare record drawings for the civil, electri cal and mechanical drawings for the project.
Post Commissioning Services - The Consultant will provide up to 16 hours of on -going support for City
requested, post-Final Acceptance changes. Services shall be in the following areas:
• Operations - Provide training on all manual, automatic, progr ammed, communications,
hardware and software operation aspects of the syst em.
• Maintenance Operations - Provide training on all manual, automatic, progr ammed,
communications, hardware and software operation asp ects of the system.
Total Optional Consultant Services = $320,400
CA.D
CA.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0920
Date:
September 27, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 7 to Co ntract No. 10-26 in the amount of
$20,381.99 and accept construction of Project No. C P0920 2009 AC Watermain
Replacement.
Background Summary:
This project replaced 4,600 linear feet of asbestos concrete (AC) water main with 470
linear feet of 4-inch and 4,155 linear feet of 8-in ch diameter ductile iron water main;
replaced 345 linear feet of storm drainage piping; installed 1 pressure reducing valve
station, air relief valves, fire hydrants, water se rvices and appurtenances. The roadways
affected by the waterline replacement were rubblize d and overlayed.
A project budget contingency of $183,123 remains in the 430 Water Fund.
O4.11.1 CP0920
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 3, 2011 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINED CA.E
Project No: CP09 20Project Title: 2009 AC Water Main Replacement
Project Manager: Robert Lee
Project Initiation
Initiation Date: _2/7/2010 _ Permision to Advertise
Advertisement Date: _11/30/2010 _ Contract Award
Award Date: _12/20/2010 _ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 Future Years Total
430 Fund - Water Repair and Replacement0020,000020,000
430 Fund - Water Bond7,02368,505924,47201,000,000
432 Fund - Storm Drainage Utility0050,000050,000
103 Fund - Local Streets**00119,0320119,032
Total7,02368,5051,113,50401,189,032
**These funds are a portion of the 2011 Save Our Stree ts Program
Activity Prior Years20102011Future YearsTotal
Design Engineering - City Costs7,02359,4001,263067,686
Design Engineering - Consultant Costs08,576008,576
Construction Contract Bid 00713,8320713,832
Change Order #1 00 (110)0 (110)
Change Order #2 0010,396010,396
Change Order #3 00119,0320119,032
Change Order #4 00000
Change Order #5 00000
Line Ite m Changes 0026,177026,177
Construction Engineering - City Costs052851,179051,707
Construction Engineering - Consultant Costs007,91207,912
Total7,02368,505929,68101,005,209
Prior Years20102011Future YearsTotal
*103 Funds Budgeted ( )00(119,032)0(119,032)
103 Funds Needed 00119,0320119,032
*103 Fund Project Contingency ( )00(0)0(0)
103 Funds Required 00000
Prior Years20102011Future Years Total
*430 Funds Budgeted ( )(7,023)(68,505)(944,472)0(1,020,000)
430 Funds Needed 7,02368,505760,6490836,177
*430 Fund Project Contingency ( )0 (0)(183,823)0(183,823)
430 Funds Required 00000
Prior Years20102011Future Years Total
*432 Funds Budgeted ( )00 (50,000)0(50,000)
432 Funds Needed 0050,000050,000
*432 Fund Project Contingency ( )00000
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City h as available.
BUDGET STATUS SHEET
Date: September 23, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
430 Water Budget Status
432 Storm Drainage Budget Status
103 Local Streets Budget Status
H:\PROJ\CP0920 2009 AC Watermain Replacement\Budget\CP0920 Bud getStatusSheet.xls 1 of 1
CA.E
CA.E
CA.E
CA.E
CA.E
CA.E
W0516-6B CA.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1109
Date:
September 27, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
City Council approve award of Small Works Contract No. 11-15, to the lowest responsible
bidder for Project No. CP1109, 2011 Storm Pipeline Repair and Replacement Phase 1
Background Summary:
This project will construct storm drainage conveyan ce improvements at various locations
throughout the City at the following locations: 37t h St NW Outfall, 36th St SE, and Academy Dr
SE. Improvements include replacement of 400 linear feet of 12-inch diameter storm culvert pipe
(Academy Dr SE), installing a 48-inch diameter catc h basin with sluice gate (37th St NW
Outfall), and construction of a new catch basin wit h 54 linear feet of storm pipe (36th St SE).
Also included in the project is 50 tons of asphalt pavement repair, 40 square yards of cement
concrete driveway approaches and restoration/replac ement of disturbed landscaping.
Because the bid opening will be held on September 2 9, 2011, the bid tabulation is not included
in the packet. A revised agenda bill specifying the contractor and contract amount will be
distributed to the Committee and Council at the mee ting scheduled for October 3, 2011.
This project is funded by the 432 Storm Utility Fun d.
O4.8.1 CP1109
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 3, 2011 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINED CA.F
Project No: C P1109Project Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: _8/01/2011 __ Permision to Advertise
Advertisement Date: _9/13/2011 _ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 Future Years Total
432 Fund - Storm R&R Program**0232,400165,0000397,400
Total 0232,400165,0000397,400
Activity Prior Years20112012Future YearsTotal
Design Engineering - City Costs030,0000030,000
Construction Estimate 0151,900150,0000301,900
Project Contingency (10%)015,19015,000030,190
Construction Engineering - City Costs022,00013,310035,310
Total 0219,090178,3100397,400
Prior Years20112012Future YearsTotal
*432 Funds Budgeted ( )0(232,400)(165,000)0(397,400)
432 Funds Needed 0219,090178,3100397,400
*432 Fund Project Contingency ( )0 (13,310)000
432 Funds Required 0013,31000
* ( # ) in the Budget Status Sections indicates money the City h as available.
** This is a portion of the 2011 and 2012 annual budg et for the Storm Repair & Replacement Program.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
2011 Storm Pipeline Repair and Replacement Program
Date: September 20, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
432 Storm Budget Status
H:\PROJ\CP1109-2011 Storm Pipeline Repair Replacement\Budget\Pip e R&R Budget Status.xlsPage 1 of 1
CA.F
CA.F
CA.F
AGENDA BILL APPROVAL FORM
Agenda Subject:
Call for Public Hearing on Auburn Gateway Developme nt
Agreement
Date:
September 28, 2011
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council set a public hearing date of October 1 7, 2011 for Auburn Gateway
Development Agreement.
Background Summary:
For the last several years, City of Auburn staff ha s been negotiating with Robertson
Properties Group (RPG) on future development of app roximately 70 acres located east
of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and North
of 45th ST NE consisting of the Valley 6 Drive-In Theater site and surrounding properties
owned by Robertson Properties Group (RPG) and herea fter referred to as the Auburn
Gateway Project. The efforts around these negotiati ons have included the preparation of
Environmental Impact Statement (EIS) documentation, amendments to the City's
Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use
Commercial Zone (C-4), preparation of a draft Devel opment Agreement and preparation
of a draft Planned Action Ordinance.
Related to the overall processing, in August 2011, the City Council approved Ordinance
No. 6371 that authorized a four-month continued con ditional effectiveness of the
Comprehensive Plan and C-4 zoning to the Auburn Gat eway Project. The
comprehensive plan and zoning designations applied to the Auburn Gateway Project are
conditioned upon the successful execution of a deve lopment agreement between the
City and Robertson Properties Group. The designatio ns do not become permanent until
the City Council approves a development agreement. Planning and Development, Public
Works and Legal Department staff has been actively working with Robertson Properties
Group to complete required studies, negotiations an d documentation in order to provide
the City Council with substantive policy making opp ortunities that would facilitate the
phased development of the Auburn Gateway Project.
As previously discussed with the City Council, the development agreement proposed for
AUBURN * MORE THAN YOU IMAGINED CA.G
Auburn Gateway is vested under the provisions of Ch apter 14.21 (Development
Agreements) that was repealed by City Council's app roval of Ordinance No. 6187.
Section 14.21.050 specifies that the City Council s hall only approve a development
agreement after a duly noted public hearing before the City Council. Staff requests the
City Council set the public hearing date for the Au burn Gateway Development
Agreement for October 17, 2011, a regularly schedul ed Council meeting date. Following
the Council's setting of this date, staff will cond uct appropriate public noticing.
O3.4.1.25, O3.6
Reviewed by Council Committees:
Planning And Community Development Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:October 3, 2011 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINED CA.G
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6373
Date:
September 28, 2011
Department:
Administration
Attachments:
Ordinance No. 6373
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6373 .
Background Summary:
Section 2.51.020 of the Auburn City Code establishe s the compensation level for
members of the City Council and the Deputy Mayor. C ouncil salaries have not been
increased for six years and during this time the sc ope of work for each councilmember
has increased significantly.
A comparable study was performed among cities in th e region, and in light of significant
involvement of Auburn City Councilmembers in region al committees to which members
have been appointed, an additional level of compens ation for councilmember attendance
at such regional meetings is proposed.
Ordinance No. 6373 was reviewed and recommended for approval by the Council
Operations Committee on September 26, 2011.
A4.3.1
Reviewed by Council Committees:
Council Operations Committee
Councilmember:Wagner Staff:Heid
Meeting Date:October 3, 2011 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINED ORD.A
ORDINANCE NO. 6 3 73
AN ORDINANCE OF THECITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 2.51.020 OF THE AUBURN CITYCODE
RELATING TO COMPENSATION OF COUNCIL
MEMBERS AND THEDEPUTY MAYOR
WHEREAS, Section 2.51.020 theAuburnCity Code establishesthe
compensation level for members of the City Council and for the Deputy Mayor,
and
WHEREAS, State law provides that the compensation of elected or
appoinfed city council members may not be increased or diminishedafter their
election or during theircurrent term; and
WIiEREAS, council salarieshave not been increased for six years; and
WHEREAS, the roleand scope of work for each councilmember has
increasecl sign cantly over the past sixyears; and
WHEREAS, a comparable studywas performed among cities in the
region,. and the compensationincrease proposedherein still leaves Aubum
councilmembersalanes in thelowerendof comparable cities; and
WHEREAS, in light of the sign cant involvement of Aubum City
Councilmembers in regional committees to which the members haye been
appointed; it is appropriate toprovide for an additional.level ofcompensationfor
councilmember attendance at such regional meetings; and
Ordinance No. 6373
September 26, 2011
Page 1 of 4
ORD.A
WHEREAS, it is advantageous for the City to have its councilmembers
attending regional boards, commissions or committees, and to the extentthat a
per-meeting stipend encourages and incentivizes that participation, it would be
beneficial for theCity; and
WMEREAS, if the City Councilwishesto provide for an increase the level
of compensation for council members subseguentfy elected or appointed, the
ordinance would need to 6e adopted in advance. of the election ofthe council
positions to which such increasewould apply.
NOW, THEREFORE, THE CITYCOUNCIL OF THECITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 7. Amendment to Citv Code. That Section 2.51.020 of
theAubum City Code be and the samehereby is amended to read as follows:
2.51.020 Council membe's compensation.
A. ^^ ^' °'°• '°^^^• ' '^"',The monthlv salary for those
council memberselected or appointed afte
anuary
1, 2006,
shall be setat
Nine Hundred Seventv-five Dollars ($975.00 per month. Additionallv,arad
health benefits whicfi are available to unaffliated ciry employees will be
e#+is-ar available to council members, provided that a maioritv of.-
Seaasi council members spa41-particioate in said health benefds and ay ,
the full cost of Such iasaaseheafth benefits. The council member
selectedas deputy mayor on or after January 1, 2006, shall haye his/her
monthly salary s e a-$4 increased bv an additionalFour Hundred
Dollars ($400.00) per moMh.
B. In addition to the citv council comoensation saec ed above.
be4inninq onJanuarV 1, 2012, councilmemtiers electedor aapointed to
termscommencina on or after Januarv 1. 2012, and who serve on
Ordinance No. 6373
3eptember 26, 2011
Page 2 of 4
ORD.A
apaointed reaional boards, commissions and committees on behalf of the
Citv shall receive. an additional pavment .of_Fiflv Dollars ($50.001 oer
meetina for attendance atthe meetinps. ofsuch reqional boards.
commissions or committees, uq to a maximum of four (41 meetinas oer
month and a maximumof Two HundredDollars ($200.00) aer month. For
the qurooses hereon, therepional boards, commissions and committees
shall include those reqionalboards, oommissions and corrimitteesto
which the councilmembers have been appointed bv theMavor whether or
not confirmed bv theCouncil, or to which the councilmember has been
elected bv the membership of thereqional board, commission or
committee to which the Citv is a member.
C. The compensation provided for in thissection shall be paid
on the eighth.and twenry-third day of each month succeedingthe month in
which services are pe formed, by proper warrants drawn upon the finance
director of the city. Should the paydayfall on theweekend or holiday,
paychecks will be issued on the previous workday. (Ord. 6191 §4, 2008;
Ord. 5953 § 1, 2005; Ord,. 5806 § 1, 2003; O d. 5503 § 1, 2001; Ord. 5495
1, 2001; Ord. 4477 § 1, 1990; Ord. 4206 §§ 1, 2, 1987; Ord. 3677 § 2,
198'I.)
Section 2. Imalementation. The Mayor is herebyauthorized to
implement such administrative procedures as may be necessary to carry outthe
direcfions of this legislation.
Section 3. Severabilitv. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision; sectionor portion of this orclinance, or the invalidity of the
application thereof to any personor circumstance shall not affect the validity of
the remainder ofthis ordinanqe, or the validity of it§ application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five daysfrom and after its passage, approval and publication as
provided by law, andas specified herein.
OrdinanceNo..6373
September 26, 2011
Page 3 of 4
ORD.A
INTRODUCED:
PASSED:
APPROVED:
GITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk.
AFP VED TO FORM:
D niel 6. Heid, Gity Attorn
Published:
Ordinance No. 6373
Septembe 36, 2011
Page 4 of 4
ORD.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4731
Date:
September 20, 2011
Department:
Police
Attachments:
Resolution No. 4731
Background Info
Budget Impact:
$33.631.00
Administrative Recommendation:
Council adopt Resolution No. 4731.
Background Summary:
The City of Auburn submitted an application for the Byrne Memorial Justice Assistance Grant,
U.S. Department of Justice in the amount of $33,631 .00. The City's grant application included a
funding request for overtime related to programs su ch as:
Teen Late Night
Crime Prevention Block-Watch Meetings
DUI Enforcement
Racer Emphasis Patrols
Citizen's Police Academy
Fireworks Emphasis Patrols
The U.S. Department of Justice is expected to provi de notification of approval on the City of
Auburn's grant application in the amount requested.
The City of Auburn has been utilizing federal law e nforcement grant funding for approximately
11 years. These funds have been used to support sev eral of our community policing efforts as
outlined above. The continuation of these grant fun ds will ensure that these programs continue
with the same frequency as in years past.
F5.4.1
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Lee
Meeting Date:October 3, 2011 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINED RES.A
RESOLUTION NO, 4 7 31
A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZINGTHE MAYOR TO
ACGEPTGRANT FUNDSFROM THE U.S. .DEPARTMENT
OF JUSTICE FOR A 'BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT
WHEREAS, the U.S. Department of Justice has made available to local
jurisdictions ona statewide formula basis BymeMemorial Justice Assistance
Grant (JAG) funds; and
WHEREAS, the City ofAuburn submitted' an application to fund overtime
for community policing efforts such as theTeen Late-Night Program, Crime
Prevention Block-WatchMeetings, DUI Enforcement, RacerEmphasis Patrols,
Citizen's Police Academy, and Fireworics Emphasis Patrols; and
WHEREAS, based upon infortnation fromthe U.S. Department of Justice,
the,City of Aubum anticipates a BymeMemorial JusticeAssistance Grantwill be
awardedtothe City.
NOW, THEREFORE, THE CITY COUNCIL OF THECITY OF AUBURN,
WASHINGTON, HEREBYRESQLVESASFOLLOWS:
Section 1. Purpose. The Aubum City Council does herebyauthorize
the Mayor to accept a Byme MemorialJustice Assistance Grant from the U.S.
Department of Justice in the amount of Thirty-three Thousand SixHundred
Thirty-one and no/100 ($33,631.00).
Section 2 Implementation. The Mayor of the City of Aubum is hereby
authorized to implementsuch administrative p ocedures as may be necessary to
ResoluGonNo. 4731
July 19, 2011
Page 1
RES.A
carryout the directions of this Resolution and further authorizestheamendment
of the respective d.epartmeM's budget,
Seetion 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED and SIGNED THIS DAY OF 2011.
CITY OF AUBURN
ATTEST: PETER B. LEWIS,
MAYOR
Danielle E. Daskam,
Ciry Clerk
APP ED AS TO FORM:
Daniel B. Heid,
CityAttomey
Resolution No. 4731
July 19, 2011
Page 2
RES.A
City of Auburn, Washington
FY 2011 Edward Byrne Memorial
Justice Assistance Grant (JAG) Application
Program Narrative
Program Period: 10/1/11 to 09/30/15
Disparate Jurisdiction: N/A
The City of Auburn is making applicati on to the United States Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance under the 2011
Edward Byrne Memorial Just ice Assistance Grant (JAG). The City of Auburn has
been allocated $33,631 for the purposes of supporting law enforcement
programs.
The City of Auburn Police Department has historically utilized the funds received
under the Byrne Memorial JAG to suppor t community-policing efforts. The
concept of community policing enables offi cers to work in specific neighborhoods
for a protracted period of time, be come knowledgeable about specific
neighborhoods and develop special rela tionships with residents and business
owners. Developing a rapport with the co mmunity members allows officers to
problem-solve with residents while at the same time build trust and open lines of
communication. A desired result is to enhance the officers’ abili ty to recognize
those conditions requiring a law enforcement response. Much of this work is
conducted in addition to the regular duties of police officers which is primarily to
respond to 911 calls for service.
Over the last few years the Justice Assistance Grant program has fun ded
overtime costs so that officers can parti cipate in such community policing efforts
as:
RES.A
Teen Late-Night Program
Crime Prevention Bloc k Watch Meetings
DUI Enforcement Patrols
Street Racer Emphasis Patrols
Citizen’s Police Academy
Fireworks Emphasis Patrols
The City of Auburn intends to continue funding its community policing efforts
upon the receipt of the 2011 JAG award.
The City of Auburn receives no additiona l federal funding and very limited state
funding to support these community-policin g efforts. The anticipated JAG funds
will not be used to supplant existing funds, but rather, will be used to supplement
funds from the general overtime account.
The following is a brief outline of eac h program that will be funded under the
2011 JAG award:
1. Auburn Parks and Recreation Teen Late-Night Program: The Auburn
Late Night Program features opportunities in recreation, arts and crafts,
leadership and skill building. The pr ogram is designed for middle school
and high school aged youth living in or attending school within the City of
Auburn School District boundaries. T he program has been in existence
for over ten years and has involved Auburn Police participation since its
inception. The Auburn Police De partment provides two commissioned
police officers to provide security for the event, as well as an opportunity
to interact with the youth and answer specific law enforcement related
questions. This program has had tremendous success in providing a
positive place for teens to gather and interact in a safe environment. The
Auburn School District administration fully supports this program and feels
that, “The Auburn Police Department provides a valuable service in
support of a program that steers our youth toward positive decision
making.” The need for this program to c ontinue is vital, as the positive
impact it has on the youth of Auburn is significant.
RES.A
2. Crime Prevention Block Watch Meetings: The Auburn Police
Department has an active Block Watch program with over forty organized
groups in the city. The Auburn Police Department takes a unique
approach to Block Watch in that a repr esentative from t he Patrol Division
accompanies the Community Programs/Crime Prevention officer to nearly
every Block Watch meeting. The o fficers are assigned to community
oriented policing district s and have in-depth knowledge of criminal activity
in these areas. Having a member of patrol on hand to answer specific
questions posed by residents is paramount as these officers have th e
most up to date and relevant knowled ge of problems in their district.
3. DUI Enforcement Patrols: In surveys conducted among our residents,
speeding and negligently driven vehicles is of great concern. Auburn is
also home to the Muckleshoot Tribal Casino, which is one of the largest
casinos in the state and a source of a significant number of DUI drivers
arrested in greater King County. DUI Enforcement Patrols, funded by the
Community Policing Overtime Grant a llow officers to spend a protracted
amount of time in high DUI risk areas. These patrols have lea d to an
increase in DUI arrests and as a resu lt have left a positive impact on the
community members as well as their abi lity to travel safely through the
city. In addition to the JAG, the Washington State Traffic Safety
Commission will occasionally offer one-time funding for special DUI
emphasis patrols. The City of Auburn has taken advantage of these
funding opportunities in the past, and we will continue to enhance our JAG
funding whenever possible.
4. Street Racer Emphasis Patrols: Auburn is home to several industrial
and business areas that have an abundanc e of paved straight-aways that
the street racer community has been usi ng to conduct illegal street races.
Many of the businesses that operate in these areas are open 24 hours per
day with employees coming and going all through the day and night.
RES.A
These conditions, in addition to the inherent dangers invo lved in street
racing cause concern for the safety of community members. The police
department has been working with busi ness owners to rectify this on-
going problem. The JAG award will provide a continued fun ding source to
support the on-going Racer Emphasis Patrols.
5. Citizen’s Academy: Since 1993 the Aubur n Police Department has
hosted a Citizen’s Police Academy for local residents. The Citizen’s
Academy is a 12 week program w here participants meet one evening
each week to learn about law enforcem ent operations a nd interact with
Police Department employees. They have first hand interaction w ith
officers and employees at all levels from the Chief of Police to the
volunteer coordinator. Topics of discussion include K-9 operations,
narcotics and other investigations, fi rearms/officer survival, records
management, traffic enforcement, polic e pursuits, and patrol operations,
internal investigations and more. T he JAG funds have been utilized to pay
for the officers to hold this progr am which occurs outside of normal
business hours. This program has been very successful in educating our
community members about the basics of law enforcement, teaching them
about the functions of the Auburn Police Department, and mo re
importantly, building public trust and support.
6. Fireworks Emphasis Patrols: The Muckleshoot Indian Tribe has a large
fireworks sales and discharge area within the city limits of Auburn. Laws
regarding fireworks vary between the ci ty of Auburn, Ki ng County, and the
Muckleshoot Indian Reservation. Ther e are also several fireworks stands
that open for business just outside t he city limits, creating access for
individuals to purchase fireworks and bring them back into the city for
discharge. The City of Auburn must rema in vigil in its efforts to maintain a
safe environment for its citizens. The illegal transportation and discharge
of fireworks are a great concern to the safety of the citizens of Auburn.
The police department uses JAG funds to support fireworks emphasis
RES.A
patrols leading up to and through the fourth of July in a n attempt to limit
injuries and property damage that re sult from unlawful discharge of
fireworks.
In conclusion, the City of A uburn has been utilizing federal law
enforcement grant funding for over t en years. These funds have been
used to support several of our community policing efforts as previo usly
outlined. The continuation of these grant funds will en sure that these
programs continue with the same frequen cy as in years past. The City of
Auburn has been compliant, responsible , and judicious in its use of
federal grant funding, and contin ued support for these programs is
requested.
Respectfully Submitted,
Commander Mike Hirman
Auburn Police Department
RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4753
Date:
September 27, 2011
Department:
Public Works
Attachments:
Resolution No. 4753
Resolution No. 4753
Project Summary Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4753.
Background Summary:
Resolution No. 4753 authorizes the Mayor to execute a Construction Loan Agreement
the Washington State Public Works Trust Fund Board (PWTF) for the design, property
acquisition, and construction phases of the M Stree t SE Underpass Project (Project).
The Freight Mobility Strategic Investment Board (FM SIB) will withdrawal its $6,000,000
grant awarded to the City for the Project construct ion if the Project is not advertised for
construction bids by the end of this year. The PWTF loan will be used to fill the project
funding gap so the project can be advertised for co nstruction bids by the end of this
year. Per the agreement, the City may draw up to th e maximum loan amount of
$6,800,000. The actual amount drawn will depend on whether or not the City is awarded
a Transportation Improvement Board (TIB) grant, act ual construction costs, and other
funding considerations.
The loan interest rate is 0.5% with a 30-year term. If the project construction is
completed within 4-years of the Construction Loan A greement execution date, the
interest rate will be lowered to 0.25%. Debt servic ing costs for this loan will be included
in the upcoming updated Capital Facilities Plan (CF P).
F5.2.17
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 3, 2011 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINED RES.B
AUBURN * MORE THAN YOU IMAGINED RES.B
RESO UTION NO. 4753
A RESOLUTION OF ,THE GITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTEACONSTRUCTION
LOAN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE WASHINGTON STATEPUBLIC
WORKS BOARDRELATING TO THE M STREET SE
UNDERPASSPROJECT (C201A)
WHEREAS, the City wasawarded a Public Works Trust,FundLoan in the
amount not to exceed $6,800,000 to assist'in thedesign, property acquisition,
andconsVuction of the M S4reet SE Underpass Project (Project) that doesnot
require a local match; and
WHEREAS, the City has qualified for a 0.5% interest rateand a 30-year
tenn and the 'interest rate may be reduced to 0.25% percent if the Project
construction is completed within four years ofthe loan agreement execution
date; and
WHEREAS, it is in the bestinterest of the City to use this loan to finance
the Project fundinggapso the project can be advertised for construction bids
this year and meetthe Freight Mobility Strategialnvestment Board's (FMSIB)
schedule requirements; and
WHEREAS, if theproject is not advertised for construction bids this year,
the City will loose a $6,000,000 grant awarded by FMSIB for the projecYs
construction; and
Resoludon.No.4753
September 15, 2011
Page 1 of 3
RES.B
WHEREAS, the Washington State Public Works Board requiresthe
execution of a Construction Loan Agreement to utilize these funds.
NOW, THEREFORE, THE CITYCOUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBYRESOLVES as follows:
Section 1. TheMayor is hereby authorizedto•execute a Construction
Loan Agreement between the City and Washington State Public Works Board
forthe design, propertyacquisition, and construction phases of the M Street SE
UnderpassProject in the total amount notto exceed $6,800,000, in substantial
conformi4y with the agreemerrt attached hereto, markedas Exhibit "A" and
inco_rporated herein by this eference. In addition, the Mayor is hereby
authorized to executeanynecessary futureagreementamendments related to
the Construction Loan Agreement.
Section 2. The Mayor is herebyauthorized to implement such
administrative procedures as may be necessary to carry outthe directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution No.4753
September 15,2011
Page 2 of 3
RES.B
Dafed and'Signed this day of 2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APP VE STO FORM:
Daniel B. H ' ,
C'ity Attorney
Resolution No. 4753
September 15, 2011
Page 3 of 3
RES.B
-----------------------------
Resolution No. 4753
September 15, 2011
Page 1 of 3
RESOLUTION NO. 4753
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONSTRUCTION
LOAN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE WASHINGTON STATE PUBLIC
WORKS BOARD RELATING TO THE M STREET SE
UNDERPASS PROJECT (C201A)
WHEREAS, the City was awarded a Publ ic Works Trust Fund Loan in the
amount not to exceed $6,800,000 to assist in the design, property acquisition,
and construction of the M Street SE Under pass Project (Project) that does not
require a local match; and
WHEREAS, the City has qualified for a 0.5% interest rate and a 30-year
term and the interest rate may be reduc ed to 0.25% percent if the Project
construction is completed within four years of the loan agreement execution
date; and
WHEREAS, it is in the bes t interest of the City to use this loan to finance
the Project funding gap so the project can be adverti sed for construction bids
this year and meet the Fr eight Mobility Strategic In vestment Board’s (FMSIB)
schedule requirements; and
RES.B
-----------------------------
Resolution No. 4753
September 15, 2011
Page 2 of 3
WHEREAS, if the project is not advert ised for construction bids this year,
the City will loose a $6,000,000 grant awarded by FM SIB for the project’s
construction; and
WHEREAS, the Washington State P ublic Works Board requires the
execution of a Construction Loan Ag reement to utilize these funds.
NOW, THEREFORE, THE CITY CO UNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a Construction
Loan Agreement between the City and Washi ngton State Public Works Board
for the design, property acquisition, and co nstruction phases of the M Street SE
Underpass Project in the total amount not to exceed $6,800,000, in substantial
conformity with the agreement attached hereto, marked as Exhibi t “A” and
incorporated herein by this reference. In addition, the Mayor is hereby
authorized to execute any necessary fu ture agreement amendments related to
the Construction Loan Agreement.
RES.B
-----------------------------
Resolution No. 4753
September 15, 2011
Page 3 of 3
Section 2. The Mayor is hereby author ized to implement such
administrative procedures as may be necessa ry to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full f orce upon
passage and signatures hereon.
Dated and Signed this _____ day of _________, 2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
RES.B
Washington State
Public Works Board
1011 Plum Street SE
Post Office Box 42525
Olympia, Washington 98504-2525
Administrative services provided by the Washington State Department of Commerce
(360) 725-3150 Fax (360) 586-844 0 www.pwb.wa.gov
September 22, 2011
Dennis Dowdy
City of Auburn
25 West Main Street
Auburn , WA 98001
RE: Public Works Trust Fund (PWTF) Construction Loan Contract: PC12-951-012
Dear Mr. Dowdy :
Enclosed are two originals of the Public Works Trust Fund Const ruction Loan Contract PC12-951-012
between City of Auburn and the Public Works Board (Board). This Contract details the t erms and conditions
that will govern the agreement between us. You will also find the project’s Scope of Work and an Attorney’s
Certification as formal attachments to the contract.
Please review the terms and conditions of the Contract carefully. We recommend consulting with your legal
advisor before accepting this loan offer.
When you have obtained the appropriate original signatures (do not use signature stamps), return both
original contracts and all the attachments to the Public Works Bo ard office within 60 calendar days of the
date of this letter. Failure to return the contracts withi n this timeline may result in the loan offer being
withdrawn.
After the Contracts have been signed by the Board, one fu lly executed original along with instructions for
drawing funds will be mailed to you. We encourage you to store these and all pertinent documents
associated with this project and loan offer in a file that is readily accessible to auditors for their periodic
review.
If you haven’t already completed the required Historic al and Cultural Resources Review for your project,
please refer to the instructions and EZ1 form attached for your convenience. If you have questions about
this Historical and Cultural Review process, plea se contact your Client Services Representative.
We look forward to working with you over the course of your successf ul public works project. If you have
any questions about this Contract, please contact me at (360) 7 25-3153 or at
Ann.Campbell@commerce.wa.gov.
Sincerely,
Ann E Campbell
Project, Policy, & Performance Coordinator
Enclosures
ATTACHMENT A
RES.B
City of Auburn Page 2 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
Washington State
Public Works Board
1011 Plum Street SE
Post Office Box 42525
Olympia, Washington 98504-2525
2012 Construction Loan Agreement between:
City of Auburn
and
Public Works Board
For:
Project Name: M Street SE Grade Separation
Loan Number: PC12-951-012
Loan Type: Construction
Execution/Start Date:
(to be filled by the Public Works Board)
RES.B
City of Auburn Page 3 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
TABLE OF CONTENTS
CONTRACT FACE SHEET ....................................................................................................... 5
CONTRACT TERMS AND CONDIT IONS ................................................................................. 6
Part 1.SPECIAL TERMS AND CONDITIONS .......................................................................... 6
1.1.Definitions ............................................................................................................................... 6
1.2.Authority .................................................................................................................................. 6
1.3.Purpose ................................................................................................................................... 6
1.4.Order of Pr ecedence .............................................................................................................. 6
1.5.5- year deferral for start-up systems ....................................................................................... 6
1.6.Competitive Bidding Requirements ........................................................................................ 7
1.7.Default in Repayment ............................................................................................................. 7
1.8.Investment Grade Audit .......................................................................................................... 7
1.9.Local Matching Share and E ligible Project Costs ................................................................... 7
1.10.Historical and Cult ural Resources .......................................................................................... 8
1.11.Performance In centives .......................................................................................................... 8
1.12.Project Completion Amendment and Cert ified Project Comp letion Report ............................ 9
1.13.Project Signs ........................................................................................................................... 9
1.14.Rate and Term of Loan ........................................................................................................... 9
1.15.Recapture ............................................................................................................................... 9
1.16.Reimbursement Procedures and Payment ............................................................................. 9
1.17.Repayment ............................................................................................................................ 11
1.18.Reports ................................................................................................................................. 11
1.19.Termination for Cause .......................................................................................................... 11
1.20.Termination for Convenience ................................................................................................ 11
1.21.Time of Performance ............................................................................................................ 12
Part 2.GENERAL TERMS AND CONDITIONS ...................................................................... 13
2.1.DEFINITIONS ....................................................................................................................... 13
2.2.Allowable Costs .................................................................................................................... 13
2.3.ALL WRITINGS CONT AINED HERE IN ............................................................................... 13
2.4.AMENDMENTS .................................................................................................................... 13
2.5.AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the “ADA ” 28 CFR Pa rt 35 ............................................................................. 13
2.6.APPROVAL ........................................................................................................................... 13
2.7.ASSIGNMENT ...................................................................................................................... 13
2.8.ATTORNEYS’ FEES ............................................................................................................. 1 4
2.9.AUDIT ................................................................................................................................... 14
2.10.CODE REQUIR EMENTS ..................................................................................................... 15
2.11.CONFIDENTIALITY/SAFEGUARD ING OF INFORMATION ............................................... 15
2.12.CONFORMA NCE ................................................................................................................. 1 6
2.13.COPYRIGHT PROVISIONS ................................................................................................. 16
2.14.DISALLOWED COSTS ......................................................................................................... 16
2.15.DISPUTES ............................................................................................................................ 16
2.16.DUPLICATE PAYMENT ....................................................................................................... 17
2.17.ETHICS/CONFLICTS OF INTEREST .................................................................................. 17
2.18.GOVERNING LAW AND VENUE ......................................................................................... 17
RES.B
City of Auburn Page 4 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
2.19.INDEMNIFICATION .............................................................................................................. 17
2.20.INDEPENDENT CAPACITY OF THE CONTRACTOR ........................................................ 17
2.21.INDUSTRIAL INSURA NCE COVERAGE ............................................................................. 17
2.22.LAWS .................................................................................................................................... 18
2.23.LICENSING, ACCREDITATIO N AND REGIST RATION ...................................................... 18
2.24.LIMITATION OF AUTHORITY .............................................................................................. 18
2.25.Local Public Transporta tion Coordi nation ............................................................................. 18
2.26.NONCOMPLIANCE WITH NONDI SCRIMINATION LAWS ................................................. 19
2.27.POLITICAL AC TIVITIES ....................................................................................................... 19
2.28.PREVAILING WAGE LAW ................................................................................................... 19
2.29.PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION ................................ 19
2.30.PUBLICITY ........................................................................................................................... 19
2.31.RECAPTURE ........................................................................................................................ 19
2.32.RECORDS MAINTENANCE ................................................................................................. 20
2.33.REGISTRATION WITH DEPAR TMENT OF R EVENUE ...................................................... 20
2.34.RIGHT OF IN SPECTION ...................................................................................................... 20
2.35.SAVINGS .............................................................................................................................. 20
2.36.SEVERABILITY .................................................................................................................... 20
2.37.SUBCONTRAC TING ............................................................................................................ 21
2.38.SURVIVAL ............................................................................................................................ 21
2.39.TAXES .................................................................................................................................. 21
2.40.TERMINATION FOR CAU SE / SUSPENSION .................................................................... 21
2.41.TERMINATION FOR CONVENIENCE ................................................................................. 22
2.42.TERMINATION PROCEDURES ........................................................................................... 22
2.43.WAIVER ................................................................................................................................ 22
ATTACHMENT I: SC OPE OF WORK ..................................................................................... 23
A. PROJECT’S SCOPE OF WORK ........................................................................................... 23
B. ESTIMATED PROJECT COSTS ........................................................................................... 24
C. ANTICIPATED PROJECT FUNDING .................................................................................... 25
ATTACHMENT II: ATTORNEY’S CERTIFICATION ................................................................. 26
RES.B
City of Auburn Page 5 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
CONTRACT FACE SHEET
Contract Number: PC12-951-012
Washington State Department of Commerce
PUBLIC WORKS BOARD
CONSTRUCTION LOAN CONTRACT
1. Contractor 2. Contractor Doing Business As (optional)
City of Auburn
25 West Main Street
Auburn , WA 98001
N/A
3. Contractor Representative 4. Public Works Board Repr esentative
N/A N/A
5. Contract Amount 6. Funding Source 7. Contract Start
Date
8. Contract End
Date
$6,800,000.00 Federal: State: 5 Other:
N/A:
Contract Execution
Date
June 1, 2042
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
916001228
14. Contract Purpose
Fund a project of a local government for the planning, acquisition, construction , repair, reconstruction,
replacement, rehabilitation, or improvement of streets and roads, bridges, drinking water systems, stormwater
systems, sanitary sewage systems, and solid wa ste facilities, including recycling facilities.
The Board, defined as the Washington State Public Works Board, and Cont ractor acknowledge and accept the
terms of this Contract and attachments and have executed this Contract on the date below to start as of the
date and year last written below. The rights and obligat i ons of both parties to this Contract are governed by
this Contract and the following other documents incorp orated by reference: Contract Terms and Conditions
including Attachment I: Scope of Work, and A ttachment II: Attorney’s Certification.
FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD
Signature
Print Name
Title
Date
John LaRocque, Executive Director
Date
APPROVED AS TO FORM ONLY
This 7th Day of June, 2011
Rob McKenna
Attorney General
Signature on file
Kathryn Wyatt
Assistant Attorney General
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CONTRACT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
Part 1. SPECIAL TERMS AND CONDITIONS
1.1. Definitions
As used throughout this Construction Loan Contract the following terms shall have the meaning set forth
below:
A. “Contract” shall mean this Construction Loan Contract.
B. “Contractor” shall mean the local government id entified on the Contract Face Sheet performing
service(s) under this Contract and who is a Party to the Contract , and shall include all employees and
agents of the Contractor.
C. “The Board” shall mean the Washington State P ublic Works Board created in Revised Code of
Washington (RCW) 43.155.030, and wh o is a Party to the Contract.
1.2. Authority
Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works
Trust Fund construction loan for an approved public works proje ct.
1.3. Purpose
The Board and the Contractor have entered into this Cont ract to undertake a local public works project that
furthers the goals and objec tives of the Washington St ate Public Works Program. The project will be
undertaken by the Contractor and will include the ac tivities described in ATTACHMENT I: SCOPE OF
WORK. The project must be undertaken in accordance with the loan terms and conditions, and all
applicable federal, state and local laws and ordinances, w h ich by this reference are incorporated into this
Contract as though set forth fully herein.
1.4. Order of Precedence
In the event of an inconsistency in this Contract, t he inconsistency shall be resolved by giving precedence
in the following order:
A. Applicable federal and state of Washington statutes and re gulations.
B. Special Terms and Conditions including attachments.
C. General Terms and Conditions.
1.5. 5- year deferral for start-up systems
If the project financed by this contract is to develop a system to deliver previously unavailable services, and
revenue from those services is to repay the loan, the new system is e ligible for a deferral of loan payments
for sixty (60) months after the Contract execution date . The Contractor may provide a written request to the
Board requesting a 5-year deferral for an eligible sy stem. The Board may approve the deferral request.
Interest accrues for the aforementioned sixty (60) months. The a ccrued interest only payment is due June
1 of the 6th year of the loan term. Interest and prin cipal payments are due on June 1 of the 7th year of the
loan term.
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1.6. Competitive Bidding Requirements
The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding
requirements for projects assisted in whole or in part with money from the Public Works Program.
1.7. Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 1.16 of this Contract. A payment
not received within thirty (30) days of the due date sh all be declared delinquent. Delinquent payments shall
be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be one percent (1%) per month or twelve percent
(12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds
in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as
provided for in Section 1.11.
The Contractor acknowledges and agrees to the Bo ard’s right, upon delinquency in the payment of any
annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such
delinquency.
The Contractor shall be responsible for all legal fees incurre d by the Board in any action undertaken to
enforce its rights under this section.
1.8. Investment Grade Audit
For projects involving repair, replacement, or improvem ent of a wastewater treatment plant, or other public
works facility for which an investment grade audit is obtainable, Contractor must undertake an investment
grade audit.
Costs incurred as part of the investment grade audit are eligible project costs.
1.9. Local Matching Share and Eligible Project Costs
The Contractor pledges to use an amount of matchi ng funds as local project share of not less than $0.00
applied to the total eligible portion of the project co st as identified in ATTACHMENT I: SCOPE OF WORK.
State and federal grants are not considered local matching funds. Expenditures on eligible project activities
incurred up to twelve (12) months prior to the execut ion of this Contract may be used as match for local
project share.
The amount of local funds used for the project will be verified and the percentage t hat this figure represents
of the total project cost will be calculated at project co mpletion. If and to the extent the actual percentage of
local match exceeds the proposed match percentage, t he loan amount and/or the interest rate charged may
be adjusted. At a minimum, the match provided cannot be less than the original match pledged at the time
of contract execution. The interest rate adjustment will apply to the remaining payments beginning the fiscal
year of project completion. The Contractor agrees to execute the Project Completion Amendment as an
amendment to this Contract adjusting the loan amount or interest rate, as appropriate.
Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC)
399-30-030 and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK.
Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred
and payable within thirty (30) days of the reimburs ement request. Only costs that have been incurred on or
after September 1, 2010 , and which are not counted as local share, are eligible for reimbursement under
this Contract.
The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects
assisted with Public Works Program loans.
These terms supersede the terms in Section 2.2. Allowable Costs.
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1.10. Historical and Cultural Resources
Prior to commencing construction, Contractor shall complete the requirements of Governor’s Executive
Order 05-05, or, as a substitute for completion of Governor’s Executive Order 05-05, Contractor shall
complete Section 106 of the National Historic Preserva tion Act. Contractor agrees that the Contractor is
legally and financially responsible for compliance with all laws, regulations, and agreements related to the
preservation of historical or cultural artifacts and agrees to hold harmless the Board and the State of
Washington in relation to any claim related to such histor ical or cultural artifacts discovered, disturbed, or
damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contrac t, Contractor shall, in accordance with Governor’s
Executive Order 05-05, coordinate with the Washin gton State Department of Archaeology and Historic
Preservation (DAHP), including any recommended consulta tion with any affected tribe(s), during project
design and prior to construction to det ermine the existence of any tribal cultural resources affected by the
proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to the
cultural resource as a continuing pre-requisit e to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural
monitoring plan or other memorandum of agreement, if hi storical or cultural artifacts are discovered during
construction, the Contractor shall immediately stop co nstruction and notify the local historical preservation
officer and the state's historical preservation offi cer at DAHP. If human remains are uncovered, the
Contractor shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concer ned tribe’s cultural staff or committee.
The Contractor shall require this provision to be contained i n all sub-contracts for work or services related to
ATTACHMENT I: SCOPE OF WORK.
In addition to the requirements set forth in this Co ntract, Contractor agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW
68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding
Archaeological Excavation and Removal Permits.
Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of
Governor’s Executive Order 05-05.
In the event that the Contractor finds it nec essary to amend ATTACHMENT I: SCOPE OF WORK, the
Contractor may be required to re-comply with Govern or’s Executive Order 05-05 or Section 106 of the
National Historic Preservation Act.
1.11. Performance Incentives
The Contractor shall complete the project no later th an sixty (60) months after the date of contract
execution.
Should the Contractor complete the project within forty-eigh t (48) months of the dat e of contract execution,
the Contractor may choose one of the two following incenti ves upon project completion:
Option A: The repayment period will be increased by twenty-four (24) months, not to exceed the life
of the asset, OR:
Option B: The interest rate will be decrea sed by one-quarter of on e percent (0.25%).
Should the Contractor complete the project within thirty-s ix (36) months of the date of contract execution,
the Contractor may choose one of the following two incenti ves upon project completion:
Option C: The repayment period will be increased by sixty (60) months, not to exceed the life of the
asset, OR;
Option D: The interest rate will be decrease d by up to one-half of one percent (0.50%).
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Once an option is selected, the Contract shall be modified to note the appropriate change and no further
adjustment to the Contract for Perfor mance Incentives shall be authorized. Irrespective of the performance
incentive chosen, at no point in time shall t he minimum loan interest rate be less than 0.25%.
The calculation of interest rate and term adjustments will apply to the remaining payments.
1.12. Project Completion Amendment and Certified Project C ompletion Report
The Contractor shall complete a Certified Project Completion Report when all activities identified in
ATTACHMENT I: SCOPE OF WORK are complete. The Boar d will supply the Contract or with the Certified
Project Completion Report form, which shall include:
A. A certified statement that the project, as described in ATTACHMENT I: SCOPE OF WORK, is complete
and, if applicable, meet s required standards.
B. A certified statement of the actual dollar amount s spent, from all funding sources, in completing the
project as described in A TTACHMENT I: SCOPE OF WORK.
C. Certification that all costs associated with the project have bee n incurred and have been accounted for.
Costs are incurred when goods and services are re ceived and/or contract work is performed.
D. A final voucher for the remaining eligible funds.
The Contractor will submit the Certified Project Comple tion Report together with the last Invoice Voucher for
a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur
prior to the completion of all project activities identified in ATTACHMENT I: SCOPE OF WORK and the
Board’s receipt and acceptance of the Ce rtified Project Completion Report.
The Project Completion Amendment shall serve as an amendment t o this Contract determining the final
loan amount, local share, term, and interest rate.
1.13. Project Signs
If the Contractor displays, during the period covered by this C ontract, signs or markers identifying those
agencies participating financially in the approved pr oject, the sign or marker must identify the Washington
State Public Works Trust Fund as a participant in the project.
1.14. Rate and Term of Loan
The Board shall loan the Cont ractor a sum not to exceed $6,800,000.00 . The interest rate shall be 0.50%
per annum on the outstanding principal balance . The term of the loan shall not exceed 30 years, with the
final payment due June 1, 2042 .
1.15. Recapture
The right of recapture shall exist for a period not to ex ceed six (6) years following contract termination. In
the event that the Board is required to institute legal proceedings to enf orce the recapture provision, the
Board shall be entitled to its costs thereof, including att orney’s fees.
These terms supersede the terms in Section 2.31. Recapture.
1.16. Reimbursement Procedures and Payment
If funding or appropriation is not available at the time the invoice is submitted, or when this contract is
executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation
become available. Therefore, subject to the availability of funds, warrant s shall be issued to the Contractor
for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering
approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK.
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The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount
under this contract, as identified in Section 1.13. When requesting reimbursement for costs incurred, the
Contractor shall submit a signed and completed Invoice Vouche r (Form A19), referencing the
ATTACHMENT I: SCOPE OF WORK project activity per formed, and any appropriate documentation such
as bills, invoices, and receipts. The Invoice Voucher mu st be certified by an official of the Contractor with
authority to bind the Contractor.
Each Invoice Voucher must be accompanied by a Projec t Status Report, which describes, in narrative form,
the progress made on the project since the last invoice wa s submitted, as well as a report of project status
to date. The Board will not release payment for any reimbursement request received unless and until the
Project Status Report is received. After approving the Invoice Voucher and the Project Status Report, the
Board shall promptly remit a warrant to the Contractor.
Requests for reimbursemen ts for costs related to construction activities will not be accepted until the
Contractor provides:
x Proof of compliance with Governor’s Executive Orde r 05-05 or Section 106 of the National Historic
Preservation Act, as described in Section 1.9, and
x An signed Public Works Trust Fund Notice of Cont ract Award and Notice to Proceed, which follows
the formal award of a construction contract.
The Contractor shall submit all Invoice Vouchers and all require d documentation to:
Contracts Administration Unit
Department of Commerce
PO Box 42525
Olympia, WA 98504-2525
The Board will pay the Contractor upon acceptance of the work performed and receipt of properly
completed invoices. Invoices shall be submitted to the Board not more often than monthly.
Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the ad dress designated by the Contractor.
The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract shall be
made by the Board.
Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another
source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost.
Disallowed Costs. The Contractor is responsible for any audit ex ceptions or disallowed costs incurred by its
own organization or that of its subcontractors.
In no event shall the total Public Works loan exceed 100.00% of the eligible actual project costs. At the time
of project completion, the Contractor shall submit, to the Board, a Project Completion Amendment certifying
the total actual project costs and local share. The final Pu blic Works loan disbursement shall bring the total
loan to the lesser of 100.00% of the eligible project costs or the total of $6,800,000.00 . The Project
Completion Amendment shall serve as an amendment to this Co ntract determining the final loan amount,
local share, and interest rate.
In the event that the final costs identified in the Proje ct Completion Amendment indicate that the Contractor
has received Public Works Trust Fund monies in excess of 100.00% of eligible costs, a ll funds in excess of
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100.00% shall be repaid to the Public Works Assistance Account by payment to the Department of
Commerce, or its successor, together with the submission of the Project Completion Amendment.
1.17. Repayment
Loan repayment installments are due on June 1st of each year during the 30 -year fixed term of the loan.
The first loan repayment is due June 1, 2012. In terest only will be charged for this payment if a
reimbursement is made prior to this date. All subs equent payments shall consist of principal and accrued
interest due on June 1st of each year during the remaining t erm of the loan.
Repayment of the loan under this Contract shall include an interest rate of 0.50% per annum based on a
three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue
from the date each warrant is issued to the Contractor . The final payment shall be on or before June 1,
2042 , of an amount sufficient to bring the loan balance to zero.
In the event that the Board approves Contractor’s request fo r a 5-year deferral as outlined in Section 1.5,
then the first loan repayment is due on June 1, 2016. Interest accrues for the sixty (60) months after
contract execution. The accrued interest only pay ment is due on June 1, 2016. Interest and principal
payments are due on June 1 of each year dur ing the remaining term of the loan.
The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated
payments without penalty.
The Contractor will repay the loan in accordance with the p receding conditions through the use of a check,
money order, or equivalent means made payable to the Washington State Department of Commerce, or its
successor.
1.18. Reports
The Contractor shall furnish the Board with:
A. Project Status Reports with each Invoice Voucher,
B. Project Reports at the end of each fiscal year,
C. Certified Project Completion Report at proj ect completion (as described in Section 1.11), and
D. Other reports as the Board may require.
1.19. Termination for Cause
If the Contractor fails to comply with the terms of this Contra ct, or fails to us e the loan proceeds only for
those activities identified in ATTACHMENT I: SCOPE OF WORK, the Board may terminate the Contract in
whole or in part at any time. The Board shall notif y the Contractor in writing of its determination to
terminate, the reason for such termination, and the effect ive date of the termination. Nothing in this section
shall affect the Contractor’s obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Secti on 2.40 Termination for Cause/Suspension.
1.20. Termination for Convenience
The Board may terminate this contract in the event that state funds are no longer available to the Board, or
are not appropriated for the purpose of meeting the Board’s oblig ations under this cont ract. Termination will
be effective when the Board sends writt en notice of termination to the Contractor. Nothing in this section
shall affect the Contractor’s obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Se ction 2.41 Termination for Convenience.
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1.21. Time of Performance
No later than sixty (60) months after the date of c ontract execution the Contra ctor must reach project
completion.
Failure to meet Time of Performance shall constitute default of this contract. In the event of extenuating
circumstances, the Contractor may request, in writ ing, that the Board extend the deadline for project
completion. The Board may extend the deadline.
The term of this contract shall be for the entire term of the loan, regardless of actual project completion,
unless terminated sooner as provided herein.
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Part 2. GENERAL TERMS AND CONDITIONS
2.1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the P ublic Works Board Chair and/or the designee
authorized in writing to act on the Chair’s behalf.
B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of th e Contractor.
C. “BOARD” shall mean the Washington State Pub lic Works Board created in Revised Code of
Washington (RCW) 43.155.030, and whic h is a Party to the Contract
D. “Personal Information” shall mean information ident ifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or receipt
of governmental services or other activities , addresses, telephone numbers, social security
numbers, driver license numbers, other i dentifying numbers, and any financial identifiers.
E. ”State” shall mean the state of Washington.
F. "Subcontractor" shall mean one not in the employment of the C ontractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2.2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the
maximum amount stated on the Contract Award or Amendment Face Sh eet.
2.3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the
parties hereto.
2.4. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by perso nnel authorized to bind each of the parties.
2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LA W 101-336, ALSO REFERRED TO
AS THE “ADA” 28 CFR PART 35
The Contractor must comply with the ADA, which provides comprehen sive civil rights protection to
individuals with disabilities in the areas of employ ment, public accommodations, state and local government
services, and telecommunications.
2.6. APPROVAL
This contract shall be subject to the written approva l of the Board’s Authorized Representative and shall not
be binding until so approved. The contract may be altered, amended, or waived only by a written
amendment executed by both parties.
2.7. ASSIGNMENT
Neither this Contract, nor any claim arising under th is Contract, shall be transferred or assigned by the
Contractor without prior wri tten consent of the Board.
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2.8. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action
brought to enforce Contract terms, each party agr ees to bear its own attorneys fees and costs.
2.9. AUDIT
A. General Requirements
Contractors are to procure audit services based on the follo wing guidelines.
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and
shall ensure that Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
Subcontractors.
The Board reserves the right to recover from the Cont ractor all disallowed costs resulting from the audit.
As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance with Generally Acc epted Auditing Standards (GAAS); Gove rnment Auditing Standards (the
Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management finding s and disallowed or questioned costs shall be
included with the audit report. The Contractor must re spond to the Board’s requests for information or
corrective action concerning audit issues within thirty (30) days of the date of request.
B. State Funds Requirements
Contractors expending $100,000 or more in total state f unds in a fiscal year must have a financial audit
as defined by Government Auditing Standards (The Revised Yell ow Book) and according to Generally
Accepted Auditing Standa rds (GAAS). The Schedule of State Financ ial Assistance must be included.
The schedule includes:
Grantor agency name
State program name
BARS account number
Grantor
Agency contract number
Contract award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the
audit. Audits of non-profit organizations are to be conduct ed by a certified public accountant selected
by the Contractor.
The Contractor shall include the above a udit requirements in any subcontracts.
In any case, the Contractor’s financial records must be available for review by the Board .
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C. Documentation Requirements
The Contractor must send a copy of any required a udit Reporting Package as described in OMB Circular
A-133, Part C, Section 320(c) no later than nine (9) mont hs after the end of the Cont ractor’s fiscal year(s)
to:
Department of Commerce
ATTN: Audit Review and Resolution Office
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, w hen applicable, the Contractor must include:
x Corrective action plan for audit findings within three (3) months of the audit being received by the
Board.
x Copy of the Management Letter.
2.10. CODE REQUIREMENTS
All construction and rehabilitation projects must sati sfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans
with Disabilities Act of 1990 28 C.F.R. Part 35 w ill be required, as specified by the local building
Department.
2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section include s:
1. All material provided to the Contractor by the B oard that is designated as “confidential” by the Board;
2. All material produced by the Contractor that is designated as “confidential” by the Board; and
3. All personal information in the possession of the Contractor that may not be disclosed under state or
federal law. “Personal information” includes but is not limited to information related to a person’s
name, health, finances, education, business, us e of government services, addresses, telephone
numbers, social security number, driver’s license number and other i dentifying numbers, and
“Protected Health Information” under the federal He alth Insurance Portability and Accountability Act of
1996 (HIPAA).
B. The Contractor shall comply with all state and federal la ws related to the use, sh aring, transfer, sale, or
disclosure of Confidential Information. The Contract or shall use Confidential Information solely for the
purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information
to any third party except with the prior written cons ent of the Board or as may be required by law. The
Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to
prevent unauthorized use, sharing, transfer, sale or di sclosure of Confidential Info rmation or violation of
any state or federal laws related thereto. Upon request, the Contractor shall provide THE BO ARD with
its policies and procedures on confidentiality. The Board may require changes to such policies and
procedures as they apply to this Contract whenev er the Board reasonably det ermines that changes are
necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time
period specified by the Board. Upon request, the Co ntractor shall immediately return to the Board any
Confidential Information that t he Board reasonably determines ha s not been adequately protected by
the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of
any unauthorized use or disclosure of any confidential information, and shall take necessary steps to
mitigate the harmful effects of such use or disclosure.
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2.12. CONFORMANCE
If any provision of this contract violat es any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
2.13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned b y the Board. The Board shall be considered the
author of such Materials. In the event the Material s are not considered “works for hire” under the U.S.
Copyright laws, the Contractor hereby irrevocably assi gns all right, title, and interest in all Materials,
including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the
moment of creation of such Materials.
“Materials” means all items in any format and include s, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. “Ownership” in cludes the right to copyright, patent, register and the abi lity to transfer
these rights.
For Materials that are delivered under the Contract, bu t that incorporate pre-existing materials not produced
under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable
license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare
derivative works, publicly perform, a nd publicly display. The Contract or warrants and represents that the
Contractor has all rights and permissions, including intellect ual property rights, moral rights and rights of
publicity, necessary to grant such a license to the Board.
The Contractor shall exert all reasonable effort to adv ise the Board, at the time of delivery of Materials
furnished under this Contract, of all known or potentia l invasions of privacy contained therein and of any
portion of such document which was not produced in the perf ormance of this Contract. The Contractor shall
provide the Board with prompt written notice of each notice or claim of infringement received by the
Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Contractor.
2.14. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors.
2.15. DISPUTES
Except as otherwise provided in this Contract, wh en a dispute arises between the parties and it cannot b e
resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who
may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
x be in writing;
x state the disputed issues;
x state the relative positions of the parties;
x state the Contractor's name, address, and Contract number; and
x be mailed to the Chair and the other party’s (respondent’s) R epresentative within three (3)
working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Chair or the Chair’s
designee and the requestor within five (5) working days.
RES.B
City of Auburn Page 17 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
The Chair or designee shall review the written statement s and reply in writing to both parties within ten (10)
working days. The Chair or designee may extend th is period if necessary by notifying the parties.
The decision shall not be admissible in any succeeding judicia l or quasi-judicial proceeding.
The parties agree that this dispute process shall prec ede any action in a judicial or quasi-judicial tribunal.
Nothing in this Contract shall be construed to limit the parties’ c hoice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to t he dispute hearing procedure outlined above.
2.16. DUPLICATE PAYMENT
The Contractor certifies that work to be performed un der this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
2.17. ETHICS/CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service
Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflict s of
interest.
2.18. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in acco rdance with the laws of the state of Washington,
and the venue of any action brought hereunder sha ll be in the Superior Court for Thurston County.
2.19. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify , defend, and hold harmless the state of
Washington, the Board, all other agencies of the state an d all officers , agents and employees of the state,
from and against all claims or damages for injuries to per sons or property or death arising out of or incident
to the Contractor’s performance or failure to perform the Contract. The Contractor’s obligation to indemnify,
defend, and hold harmless includes any claim by the Contractor’s agents, employ ees, representatives, or
any Subcontractor or its agents, employees, or representatives.
The Contractor’s obligation to indemnify, defend, and ho l d harmless shall not be eliminated by any actual or
alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the
Board, the state of Washington, its o fficers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RC W to the extent it is required to indemnify, defend and
hold harmless the state and its agencies, officers, agents or e mployees.
2.20. INDEPENDENT CAPACI TY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of the
state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or
employee of the Board or of the st ate of Washington by r eason hereof, nor will t he Contractor make any
claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and
control of the work will be solely with the Contractor.
2.21. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisi ons of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance cove rage or fails to pay premiums or penalties on behalf of
its employees as may be required by law, the Boar d may collect from the Contractor the full amount
payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the
Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance
Services. This provision does not waive any of L&I’s rights to collect from the Contractor.
RES.B
City of Auburn Page 18 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
2.22. LAWS
The Contractor shall comply with all applicable laws, ordina nces, codes, regulations and policies of local and state
and federal governments, as now or herea fter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non-profit corpor ations – Liability - Limitations, RCW 4.24.264.
C. Disclosure-campaign finances-lo bbying, Chapter 42.17 RCW.
D. Discrimination-human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Housing assistance program, Chapter 43.185 RCW
G. Interlocal cooperation act, Chapter 39.34 RCW.
H. Noise control, Chapter 70.107 RCW.
I. Office of minority and women’s business enterprises, Chapter 39.1 9 RCW and Chapter 326-02
WAC.
J. Open public meetings act, Chapter 42.30 RCW.
K. Prevailing wages on public wo rks, Chapter 39.12 RCW.
L. Public records act, Chapter 42.56 RCW.
M. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW.
N. Shoreline management act of 1971, Chapter 90.58 RCW.
O. State budgeting, accounting, and reporting system, Chapter 4 3.88 RCW.
P. State building code, Chapter 19.27 RCW and Energy -related building standards, Chapter 19.27A
RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW.
Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and
Environmental Assistance Program, Washington State Department of Ecol ogy.
R. State environmental policy, Chapter 43.21C RCW.
S. State Executive Order 05-05 Archeol ogical and Cultural Resources.
2.23. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable lo cal, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
2.24. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s desi gnee by writing (designation to be
made prior to action) shall have the expr ess, implied, or apparent authority to alter, amend, modify, o r waive
any clause or condition of this Contract.
2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in loca l public transportation forums and implement strategies
designed to ensure access to services.
RES.B
City of Auburn Page 19 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Cont ract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or refusal
to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the Contractor ma y be declared ineligible for further contracts with the
Board. The Contractor shall, however, be given a reasonabl e time in which to cure this noncompliance.
Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein.
2.27. POLITICAL ACTIVITIES
Political activity of Contractor employees and o fficers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballo t measures or for or against the candidacy of any
person for public office.
2.28. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subc ontractors performing work on the Project shall comply
with state Prevailing Wages on Publ ic Works, Chapter 39.12 RCW, as applicable to the Project funded by
this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and
“Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient
to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board’s
review upon request.
2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for su ch funds or any other approval or concurrence under
this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or
other such services, other than actual solicitation, are not h ereby prohibited if otherwise eligible as project
costs.
2.30. PUBLICITY
The Contractor agrees not to publish or use any adver tising or publicity materials in which the state of
Washington or the Board’s name is mentioned, or lang uage used from which the connection with the state
of Washington’s or the Board’s name may reasonably be inferred o r implied, without the prior written
consent of the Board.
2.31. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws,
and/or the provisions of this contract, the Board reserves the rig ht to recapture funds in an amount to
compensate the Board for the noncompliance in addition to any other remedies available at law or in equity.
Repayment by the Contractor of funds under this re capture provision shall occur within the time period
specified by the Board. In the alternative, the Board may recaptur e such funds from payments due under
this contract.
RES.B
City of Auburn Page 20 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
2.32. RECORDS MAINTENANCE
The Contractor shall maintain all books, records, do cuments, data and other evidence relating to this
Contract and performance of the services descri bed herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Contract. Contractor shall retain such records for a period of six years
following the date of final payment.
If any litigation, claim or audit is started before the ex piration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been finally resolved.
2.33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete r egistration with the Washington State Department of
Revenue.
2.34. RIGHT OF INSPECTION
At no additional cost all records relating to the Contract or’s performance under this Contract shall be subject
at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and
federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance,
and quality assurance under this Contract. The Contractor shall provide access to its facilities for this
purpose.
2.35. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Contract and prior to normal completion, the Board may terminate the C ontract
under the "Termination for Convenience" clause, without t he ten business day notice requirement. In lieu of
termination, the Contract may be amended to refl ect the new funding limitations and conditions.
2.36. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without
the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of
this Contract and to this end the provisions of this Contract are declared to be severable.
RES.B
City of Auburn Page 21 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
2.37. SUBCONTRACTING
The Contractor may only subcontract wo rk contemplated under this Contract if it obtains the prior written
approval of the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the
Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to
this Contract; (b) prohibit the Contractor from subcontrac ting with a particular person or entity; or (c) require
the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor
is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this
Contract. The Contractor shall appropriately monitor t he activities of the Subcontractor to assure fiscal
conditions of this Contract. In no event shall the existe nce of a subcontract operate to release or reduce the
liability of the Contractor to the Board for any brea ch in the performance of the Contractor’s duties.
Every subcontract shall include a term that the Board and the State of Washington are not liable for claims
or damages arising from a Subcontracto r’s performance of the subcontract.
2.38. SURVIVAL
The terms, conditions, and warranties contained in th is Contract that by t heir sense and context are
intended to survive the completion of the performance, cancell ation or termination of this Contract shall so
survive.
2.39. TAXES
All payments accrued on account of pay roll taxes, unemployment contributio ns, the Contractor’s income or
gross receipts, any other taxes, insurance or expenses for the Co ntractor or its staff shall be the sole
responsibility of the Contractor.
2.40. TERMINATION FOR CAUSE / SUSPENSION
In event the Board determines that the Contractor fa iled to comply with any term or condition of this
Contract, the Board may terminate the Contract in whol e or in part upon written notice to the Contractor.
Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the
notice.
In the alternative, the Board upon written notice may allo w the Contractor a specific period of time in which
to correct the non-compliance. During the corrective -action time period, the Board may suspend further
payment to the Contractor in whole or in part, or may re strict the Contractor’s right to perform duties under
this Contract. Failure by the Contractor to take time ly corrective action shall allow the Board to terminate
the Contract upon written notice to the Contractor.
“Termination for Cause” shall be deemed a “Termination fo r Convenience” when the Board determines that
the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure
was not caused by the Contract or’s actions or negligence.
If the Contract is terminated for cause, the Contract or shall be liable for damages as authorized by law,
including, but not limited to, any cost difference betwe en the original contract and the replacement contract,
as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing,
advertising, and staff time).
RES.B
City of Auburn Page 22 Contract Terms and Conditions
PC12-951-012 9/22/2011 Construction Loan Contract
2.41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract the Bo ard may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate t his Contract, in whole or in pa rt. If this Contract is
so terminated, the Board shall be liable only for paym ent required under the terms of this Contract for
services rendered or goods delivered prior to the effective date of termination.
2.42. TERMINATION PROCEDURES
After receipt of a notice of termination, except as other wise directed by the Board, the Contractor shall:
A. Stop work under the Contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract;
C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of su ch orders and subcontracts. Any attempt by the
Contractor to settle such claims must have the prior written approval of the Board; and
D. Preserve and transfer any materials, contract deliver ables and/or the Board proper ty in the Contractor’s
possession as directed by the Board.
Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the
Contractor under the Contract prior to the date of termination. The Board may withhold any amo unt due as
the Board reasonably determines is necessary to pr otect the Board against potential loss or liability
resulting from the termination. the Board shall pay any wit hheld amount to the Contractor if the Board later
determines that loss or liability will not occur.
The rights and remedies of the Board under this section are in addition to any other rights and remedies
provided under this Contract or otherwise provided under law.
2.43. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such
in writing and signed by Authorized Representative of the Bo ard.
RES.B
City of Auburn Page 23
PC12-951-012 9/22/2011 Construction Loan Contract
ATTACHMENT I: SCOPE OF WORK
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
City of Auburn
PC12-951-012
Project Title:
M Street SE Grade Separation
A. PROJECT’S SCOPE OF WORK
The project’s scope of work is comprised of the following acti vities:
The City will renovate a railroad crossing to facilit ate the flow of traffic between SR 167 and SR
164. This project will improve traffic safety and result in a reduced environmental impact. Costs
may include, but are not limited to, engineering, cultural and historical resources review,
environmental review, right-of-way acquisition, permits, public i nvolvement, bid documents, and
construction that allow the City to meet local, state, and federal regulations.
RES.B
City of Auburn Page 24
PC12-951-012 9/22/2011 Construction Loan Contract
B. ESTIMATED PROJECT COSTS
Cost Category Amount
Engineering Report $225,000.00
Cultural and Historical Resources Review
(Section 106 or Executive Order 05-05)
$50,000.00
Environmental Review $30,000.00
Land/Right-of-Way Acquisition $4,355,000.00
Permits $30,000.00
Public Involvement/Information $50,000.00
Bid Documents $2,000,000.00
Construction $13,100,000.00
Other Fees (Sales or Use Taxes) $200,000.00
Contingency: 10.00% $1,300,000.00
Other: Construction
Engineering/Inspection
$1,700,000.00
Other: $0.00
Other: $0.00
Other: $0.00
TOTAL ESTIMATED PROJECT COSTS $23,040,000.00
RES.B
City of Auburn Page 25
PC12-951-012 9/22/2011 Construction Loan Contract
C. ANTICIPATED PROJECT FUNDING
Type of Funding Source Description Amount
Grants
Grant #1 Federal - 2008 Discretionary $122,500.00
Grant #2 Federal - 2010 Discretionary $749,872.00
Grant #3 State - FMSIB $6,000,000.00
Total Grants $6,872,372.00
Prior PWTF PreConstruction Loans
Non-Match Loan #1
Non-Match #2
Total Prior PWTF PreConstruction Loans
Loans
This PWTF Loan Request Public Works Board $6,800,000.00
Other Loan #1 $0.00
Other Loan #2 $0.00
Other Loan #3 $0.00
Other Loan #4 $0.00
Total Loans $6,800,000.00
Local Revenue
Local Revenue #1 Traffic Impact Fees $2,041,000.00
Local Revenue #2 Unrestricted Street Revenue $150,000.00
Local Revenue #3 Traffic Impact Fees, Mitigation
Fees, REET $3,846,628.00
Local Revenue #4 $0.00
Total Local Revenue $6,037,628.00
Other Funds
Other Funds #1 FAST Partners $2,030,000.00
Other Funds #2 King County Wastewater
Treatment Div. $1,300,000.00
Total Other Funds $3,330,000.00
TOTAL PROJECT
FUNDING $23,040,000.00
RES.B
City of Auburn Page 26
PC12-951-012 9/22/2011 Construction Loan Contract
ATTACHMENT II: ATTO RNEY’S CERTIFICATION
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
City of Auburn
PC12-951-012
I, ________________________________________________, hereby certify:
I am an attorney at law admitted to practice in the State o f Washington and the duly appointed
attorney of the City of Auburn (the Contractor); and
I have also examined any and all documents and records which are pertinent to the Contract,
including the application requesting this financial assistan ce.
Based on the foregoing, it is my opinion that:
1. The Contractor is a public body, properly constituted and o perating under the laws of the
State of Washington, empowered to receive and expend federa l, state and local funds, to
contract with the State of Washington, and to receive and expend the funds involved to
accomplish the objectives set forth in their application.
2. The Contractor is empowered to accept the Public Works Trust F und financial assistance
and to provide for repayment of the loan as set forth in the Contract.
3. There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above-described public facilities project or t o enjoin the Contractor from
repaying the Public Works Trust Fund loan extended by the Public Works Board with
respect to such project. The Contractor is not a party to litig ation which will materially affect
its ability to repay such loan on the terms contained in the Contract.
4. Assumption of this obligation would not exceed statutory a nd administrative rule debt
limitations applicable to the Contractor.
__________________________________ _____________________________
Signature of Attorney Date
__________________________________
Name
_______________________________________________________________________
Address
RES.B
RES.B
4t
h
S
t
S
E
6t
h
S
t
S
E
7t
h
S
t
S
E
K St SE
M Street SE
3r
d
S
t
S
E
A
A 2
Improvements Summary
Future Connection
to Auburn/Black
Diamond Road
382424.AA.08_TBG080511084521SEA_MStreet_UnderpassProject_v9_11aug11
Project
Limits
Project Limits
Project Limits
5
4
8
3
1
7
6
SR
1
8
9
10
M Street SE
Underpass Project
Eagles Lodge
Miles Sand & Gravel Pit
(Future Muckleshoot
Development)
164
TO
167
TO
Re-striping to four lanes and
removal of on-street parking
completed by City to be
concurrent to underpass
construction
Improvements by King
County Housing Authority
Development Project
King County
Housing Authority
BNSF Auburn Yard
(Slow Moving
Trains)
BNSF
Railway
Project
Limits
5
Proposed Existing
M Street SE widening includes left-turn
lane and bike lanes
Proposed RR bridge
Structural retaining walls below existing
SR 18 bridge
Infiltration pond
Pedestrian/bike rest area
New street lighting, typical
Eliminate on-street parking on M Street SE
Access control on 3rd Street SE:
right-in/right-out
Relocated utility crossings
Railroad track improvements
1
2
3
4
5
6
7
8
9
10
11'
Two-Way
Left Turn
Lane
SouthboundNorthbound
6'
Bike
Lane
6'
Bike
Lane
2'11'11'11'11'Retaining Wall
Retaining Wall 8'
Sidewalk
Retaining Wall
Retaining Wall
Existing
Ground
8'
Sidewalk
Section A - A
2'
RES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4754
Date:
September 28, 2011
Department:
Public Works
Attachments:
Summary Memo
Map
Resolution No. 4754
Budget Impact:
$73,000.00
Administrative Recommendation:
City Council adopt Resolution No. 4754.
Background Summary:
Resolution No. 4754 authorizes the Mayor to confirm the amounts owed and reimburse
Pierce County, PSE, and Cascade Water Alliance for the easement fees that the City
agreed to pay after the annexation of the area that encompasses the Lake Tapps
Parkway Drainage Facilities that empty into the Pug et Sound Energy Tailrace.
See attached memo.
A1.17, A3.13.2
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 3, 2011 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINED RES.C
P age 1 of 2
Interoffice Memorandum
Engineering Division
Date: September 28, 2011
To: City Council
Mayor Lewis
From: Dennis Dowdy
Re: Resolution No. 4754 - Summary of City Fee Obli gation
Background:
Resolution No. 3249 approved a Pre-annexation Agreem ent with Pierce County on
August 28, 2000. Under this agreement the City of Au burn agreed to take ownership of
the drainage facilities for the Lake Tapps Parkway bein g constructed by Pierce county
and the developer under a separate agreement.
On Feb 25th 2001 Auburn approved Ordinance 5512 to annex the area in Pierce
County that includes the referenced drainage facilities; and shortly thereafter began
coordination with Pierce County to take ownership of the drainage ponds that were
obviously facilities that the City should own, operate and maintain. For some reason,
not well understood by city staff, Pierce County staff d id not bring forward the
requirement to turn over the drainage facilities that empty into the PSE tailrace.
Although we had several on site turn over inspections for other storm drainage related
facilities for the parkway, the county did not pursue tr ansfer to the city immediately after
the annexation. So this requirement was overlooked by the county and the city, and the
county continued to pay PSE for the easement that the county had negotiated for the
outfall until 2010.
In 2010 the city began receiving billings inquiries fro m PSE for fees that Pierce County
was referring to the City and had stopped paying to P SE. Staff investigation of the pre-
annexation agreement confirmed that the City was oblig ated to take over the drainage
facility when annexation occurred; however, annexation law was insufficient per legal
review to acquire the underlying easement rights for ci ty ownership until such time as
Pierce County could convey or assign the appropriate de eds & easements to the City.
Staff has been working with Pierce County Public Works st aff to assign and record the
necessary ROW deeds & easements to the City. Those have now been recorded in the
name of the City under the following recording numbe rs:
RES.C
Page 2 of 2
Pierce County
Recording # Brief Description of Assignments
201109120004 9 Parcels of ROW Quit Claim Deeds on La ke Tapps Parkway
201108190527 PSE Outfall Easement
201108190526 Easements along west boundary of East Vall ey Highway
Summary of Fees Due:
Staff has prepared the below tabulation of fees due to each agency since the effective
date of the annexation in accordance with Ordinance 551 2, (Feb 25, 2001) through
June 21, 2011 as follows:
Amount due to Pierce County:
• Period from February 25 th 2001 to June 21, 2001 $2333.33
• Period from June 21, 2001 to June 30, 2009 $56,000.00
Total due $58,333.33
Amount due to Puget Sound Energy:
• Period from June 30, 2009 until Dec 17, 2009 $3317.81
Amount due to Cascade Water Alliance:
• Period from December 18, 2009 to June 21, 2010 $3,682.19
• Period from June 21, 2010 to June 21, 2011 $7,0 00.00
Total due $10,682.19
Staff Recommendation:
Now that the City’s request for easements and ROW dee ds have been satisfied by
Pierce County the City is now prepared to take ownersh ip of the 48” storm main and
outfall control facilities and reimburse the respective agencies for the above stated past
due fees. Fees will be paid from the Storm Drainage Utility. Director Dowdy is
coordinating with each agency to confirm that the above fees are accurate through June
21, 2011.
RES.C
RES.C
RESOLUTION NO. 4 75 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURIV, WASHINGTON, AUTHORIZING THE MAYOR TO
CONFIRMTHE AMOUNTS OWED AND REIMBURSE PIERCE
COUNTY, PUGET SOUNDENERGY ANDCA8CADE WATER
ALLIANGE FOR THE_ EASEMENT FEES _THAT THE CITY
AGREED TO PAY AFTER THE ANNEXATION OFTHE AREA
THAT ENCOMPAS8ES THE LAKE TAPPS PARKWAY
DRAINAGEFACILITIESTHAT EMPTY INTO THE PUGET
SOUND ENERGY TAI6RACE
WHEREAS, Resolution No. 3249 approved a Pre-annexation Agreement with
Pierce Courrty on August 28, 2000and under thisagreement the City of Aubum agreed
to take ownership of the drainage facilities for the Lake Tapps Par kway being
constructed byPierce county andthe developer under a separateagreement; and
WHEREAS, On Feb 25, 2001 Aubum approved Ordinance 5512 to annex the
area in PierceCounty thaf includes thereferenced drainage facilities.
NOW, THEREFORE, THE CITYCOUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is herebyauthorized tocomplete the acceptance of the
facilities and make payment of the past due fees for the Tailrace easement; in
substantialconformity with the pre-annezation agreement.
Section 2. That theMayar is authorized to implement such other
administrative procedures as rtiay be necessary to carry outthe directives of this
legislation.
Resolution No. 4754
September 28, 2011
Page 1 of 2
RES.C
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2011.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPRO D AS TOFORM:
Daniel B. Heid; .
City Attomey
Resolu6on No. 4754
September 28, 2011
Page 2 of 2
RES.C