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HomeMy WebLinkAbout11-07-2011 Agenda Packet Public Works Committee November 7, 2011 - 3:30 PM Annex Room 2 AGENDA I. CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. Approval of Minutes* B. Public Works Project No. CP0909* (Vondrak) Grant Permission to Advertise for Bids for Project No. CP0909 Academy Booster Pump Station Project C. Public Works Project No. C201A* (Sweeting) Grant permission to enter into Supplemental Agreeme nt No. 6 to Consultant Agreement No. AG-C-344 with CH2M Hill, Inc. for con struction management, administration, inspection, survey, and engineering for Project No. C201A M Street SE Underpass D. Public Works Project No. C507B* (Dunsdon) Approve Final Pay Estimate No. 5 to Contract No. 11 -03 in the amount of $2,059.80 with Pacific Northwest Earthworks LLC and accept construction of Project No. C507B, Auburn / Pacific Trail - Skinner Rd/3rd Ave SE III. RESOLUTIONS A. Resolution No. 4682* (Sweeting) A Resolution of the City Council of the City of Aub urn, Washington, Authorizing the Mayor to Execute an Interagency Agreement with King County for the Purpose of Constructing a Relocated King County Sanitary Sewer Line for the M Street Underpass Project (C201A) B. Resolution No. 4755* (Mund) A Resolution of the City Council of the City of Aub urn, Washington, Receiving a Petition for Vacation and Setting a Public Hearing to Consider the Vacation of 8th Street NE, West of A Street NE, within the City of Auburn, Washington IV. DISCUSSION ITEMS A. Resolution No. 4768* (Heid) A Resolution of the City Council of the City of Aub urn, Washington, Supporting Initiative 1183 Concerning Liquor: Beer, Wine, and Spirits (Hard Liquor) B. Ordinance No. 6378* (Coleman) An Ordinance of the City Council of the City of Aub urn, Washington, Amending Ordinance No. 6339, The 2011-2012 Biennial Budget O rdinance as Amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance N o. 6362, and Ordinance No. 6370 Authourizing Amendment to the City of Aubu rn 2011-2012 Budget as Set Forth in Schedule "A" C. Utility Depreciation Funding* (Coleman) D. Capital Project Status Report* (Gaub) V. 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: Approval of Minutes Date: November 2, 2011 Department: Public Works Attachments: October 17, 2011 Minutes Budget Impact: $0 Administrative Recommendation:Public Works Committee to approve the minutes of th e October 17, 2011 Public Works Committee Meeting.Background Summary:Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Meeting Date:November 7, 2011 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINED CA.A Public Works Committee October 17, 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, City Engineer/Assista nt Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utiliti es Engineer Dan Repp, Traffic Engineer Pablo Para, Engineering Aide Amber Mund, Project Engineer Ryan Vondrak, Government Relations Manager Carolyn Robertson, Project Engineer Jacob Sweeting, City At torney Dan Heid, Finance Director Shelley Coleman, Financial Plannin g Manager Martin Chaw, Water Quality Program Coordinator Chris Thorn , Street Systems Engineer Seth Wickstrom, and Public Works Secretary Jennifer Rigsby. Members of the public in attendance included: Brian Winslow from the Boeing Company, Jennifer Wynkoop from Landau Associ ates, Brad Jurkovich from Fisher Jurkovich Public Affairs LLC, and Largo Wales. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes (Dowdy) Councilmember Peloza moved and Councilmember Haugen seconded to Approve the Public Works Committ ee Meeting minutes for date, October 3, 2011. Motion Carried Unanimously. 3-0. B. Right-of-Way Use Permit No. 09-45 (Mund) Page 1 of 11 CA.A Councilmember Peloza moved and Councilmember Haugen seconded to Approve Amendment No. 2 to Right -of-Way Use Permit No. 09-45 for the Boeing Company. Engineering Aide Mund reported that the Boeing Comp any has applied for an amendment to their current Right-of-Way Use Perm it to add eleven additional monitoring wells in the Right-of-Way. Chairman Wagner asked why some of the monitoring we lls are deeper than others. Engineering Aide Mund answered the depth of the well is related to the levels of the aquifers. Chairman Wagner asked if the wells shown on the vic inity map at the end of Western Street will interfere with the parking area for the Birding Tower. Mund confirmed that the wells are not locate d in the parking area, but rather in the grass area. Assistant Director/City Engineer Selle stated that the wells are to monitor for pollutants and to determine levels of pollutants, i f they are present, in response to a question asked by Member Haugen. Motion Carried Unanimously. 3-0. C. Agreement for Consulting Services (Robertson) Councilmember Peloza moved and Councilmember Haugen seconded to recommend that the City Council Award the agreement for consulting services with Fisher Jurko vich Public Affairs LLC. Government Relations Manager Robertson introduced B rad Jurkovich, representing Fisher Jurkovich Public Affairs LLC, t o the Committee. Robertson reviewed the consultant’s scope of work. The consultant will be providing information and educational materials in support of the Chamber of Commerce’s proposed ballot measure for 2012. Chairman Wagner asked for some background informati on regarding the consultant’s work history with the City. Mr. Jurkov ich stated that his company began working with the City in 2004 when th ey worked on the Save Our Streets Program. Fisher Jurkovich Public A ffairs LLC also worked on the Annexation Program and the creation of the V alley Regional Fire Authority. Mayor Lewis stated that the Chamber is sponsoring t he initiative and they will be looking for support for a street utility bo nd based on the work of the business lead Arterial Streets Task Force, in respo nse to a question asked by Chairman Wagner. Mayor Lewis pointed out that th e Arterial Streets Task Force was comprised of representative from loc al businesses and the Page 2 of 11 CA.A school district as well as City residents. Mayor Le wis stated that the consultant will be able to supply information to th e Chamber, in the correct format, so that the initiative will move forward co rrectly. Chairman Wagner stated that he was in favor of usin g a consultant but that he felt the sponsoring group for the initiative sho uld not be limited to the Chamber of Commerce, but should also include the sc hool district, the residents, and the other stakeholders which would b e identified as the City, and not a specific business interest group. Mayor L ewis responded that the background summary for the agenda bill will be upda ted to better reflect what is taking place and suggested including the st atement, “…the Citizen lead Arterial Streets Task Force…” to more accurate ly identify the initiative’s stakeholders. Vice-Chair Peloza verified that the consultant will work with City staff and the Chamber to complete the proposed scope of work with Mr. Jurkovich. Member Haugen voiced her concerns regarding the pos sibility of the Chamber of Commerce becoming more involved with Cit y issues. The Committee confirmed with the consultant that al l of the stakeholders will be represented. Motion Carried Unanimously. 3-0. D. Public Works Project No. CP1116 (Vondrak) Councilmember Peloza moved and Councilmember Haugen seconded to recommend that the City Council Award Contract No. 11-20 to Northeast Electric LLC for Project No. CP1 116, Downtown Pedestrian Lighting Replacement. Chairman Wagner asked if the banners on the current lighting can be placed on the new lighting poles. Project Engineer Vondrak confirmed that the banners can be used on the new poles. Finance Director Coleman provided background inform ation on the Local Revitalization Funding at the requests of Vice-Chai r Peloza. Member Haugen spoke about her concerns installing n ew lighting Downtown when there are neighborhoods in the City t hat are in need of street lighting. Chairman Wagner pointed out that t he Revitalization Fund monies must be used within the Downtown and cannot be used for neighborhood lighting elsewhere. Motion Carried Unanimously. 3-0. E. Public Works Project No. CP0701 (Vondrak) Page 3 of 11 CA.A Councilmember Peloza moved and Councilmember Haugen seconded to recommend that the City Council Approve Final Pay Estimate No. 6 to Contract No. 10-04 and accept construction of Project No. CP0701, 8th Street NE and R Street NE Signal. Vice-Chair Peloza stated that the signal is working well, in spite of the Committee’s past concerns. Motion Carried Unanimously. 3-0. F. Public Works Project No. C201A (Sweeting) Councilmember Peloza moved and Councilmember Haugen seconded to recommend that the City Council Approve Final Pay Estimate No. 2 to Contract No. 11-17 and accept construction of Project No. C201A, Residential Building Demolition. Project Engineer Sweeting reported that overall the project came in under budget. Assistant Director/City Engineer Selle stated that the demolition of the building at Cedar Lane Park was similar to the work being done on M Street SE, but that the work was funded through a differen t source, in response to a question asked by Vice-Chair Peloza. Combining bo th demolition projects into one contract was cost effective. Motion Carried Unanimously. 3-0. III. RESOLUTIONS A. Resolution No. 4758 (Sweeting) A Resolution of the City of Auburn, Washington, Aut horizing the Mayor to Execute a Highways and Local Programs State Funding Agreement Between the City of Auburn (The City) and the Washi ngton State Department of Transportation (The State) Relating t o Project No. C201A, M Street SE Underpass Councilmember Peloza moved and Councilmember Haugen seconded to recommend that the City Council adopt Resolution No. 4758. There were no questions from the Committee. Motion Carried Unanimously. 3-0. IV. DISCUSSION ITEMS A. Resolution No. 4760 (Heid) A Resolution of the City Council of the City of Aub urn, Washington, Page 4 of 11 CA.A authorizing the Mayor to take all necessary and app ropriate steps to formalize a Sister City relationship between the Ci ty of Auburn and Tamba, Japan Mayor Lewis explained that the Japanese government combined the City of Auburn’s previous Sister City with five other citie s to form one large city, Tamba and a Sister City agreement needed to now be ratified with Tamba, in response to a question asked by Member Haugen. B. Resolution No. 4761 (Heid) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to take all necessary and app ropriate steps to formalize a Sister City relationship between the Ci ty of Auburn and City of Pyeongchang, Republic of Korea Mayor Lewis explained that Pyeonchang is hosting th e 2018 Winter Olympics and the City of Auburn’s website will be l inked with their site. Mayor Lewis spoke about the different levels of gov ernment officials that he has had the opportunity to meet with through the Ci ty’s Sister City relationships. C. Resolution No. 4759 (Bailey) A Resolution of the City Council of the City of Aub urn, Washington, Declaring Certain Items of Property as Surplus and Authorizing their Disposal Vice-Chair Peloza confirmed with Assistant Director/City Engineer Selle that the vehicle being disposed of is a police vehicle. D. Auburn Hills Sewer Adjustment (Coleman) Finance Director Coleman provided background inform ation regarding the appeal to the Committee. Coleman explained that Aub urn Hills is a mobile home park that has older infrastructure and has had an extensive leak history. Coleman stated that a leak adjustment was requested in 2009 but it did not appear that the leak had been repaired and no adjustment was granted. In early 2011, City staff contacted the mo bile home park and was able to shut the water off and verify that repairs had been made. The adjustment that was granted in 2011 was for the lea k in 2009. Auburn Hills is now requesting a sewer adjustment from September 2007 through June 2010. Coleman stated that under the existing policy the adjustment requested cannot be applied. The Committee and staff reviewed the utility billin g policy. Vice-Chair Peloza asked if the policy was referred to in the l etter from the City to the customer. Finance Director Coleman stated that it w as included. Finance Director Coleman responded to questions ask ed by Member Haugen regarding the timeline of when the leak was noticed by the Page 5 of 11 CA.A customer and when repairs were made. Coleman answer ed questions asked by Member Haugen regarding the location of th e mobile home park. Chairman Wagner stated that he was not in favor of going back through two years of utility billing and making adjustments, bu t felt that maybe going back only two billing cycles was inadequate. Vice-Chair Peloza pointed out that for two years th e mobile home park would not allow the City to verify that the leak ha d been repaired. The Committee and Mayor Lewis discussed whether or not a change in policy needed to be made prior to allowing for the leak adjustment or if the Committee would just make an exception to the curre nt policy in this particular case. Finance Director Coleman reviewed the history of th e utility billing policy, following a question asked by Chairman Wagner. Cole man stated that the intent of the policy is to encourage customers to m ake leak repairs as soon as possible. Chairman Wagner stated that he is in f avor of the “two billing cycle policy” for water leak adjustments, but sugge sted that the Committee reconsider the policy for sewer bill adjustments Mayor Lewis spoke about the costs to the City that are incurred for leaks into the sewer system and/or water leaks into the g round. The Committee discussed whether or not costs are incurred when th e water leaks into the ground and not the sewer system. Chairman Wagner suggested a change in policy for th e adjustments to sewer utility billing. Member Haugen spoke in favor of lengthening the time period for adjustments to sewer accounts. Finance Director Coleman reviewed how the adjustmen t to the account was calculated, following questions asked by Vice-Chair Peloza. Vice-Chair Peloza stated that he is in favor of goi ng back four billing cycles for sewer adjustments. Vice-Chair Peloza asked that the City make a point to inform the customer that the problem with their adjustment may have been resolved sooner if they had given the City the opportunity to shut-off their water to verify that the repairs to their sys tem had been made. The Committee and Finance Director Coleman discusse d which billing cycles should be used to calculate the adjustment, going back four billing cycles. Chairman Wagner asked that changes be made to the p olicy to go back four billing cycles for sewer adjustments. Mayor Le wis stated that the change can be made administratively. Page 6 of 11 CA.A E. Ordinance No. 6379 (Coleman) An Ordinance of the City Council of the City of Aub urn, Washington, Amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as Amended by Ordinance No. 6351, Ordinance No. 635 2, Ordinance No. 6362, Ordinance No. 6370 and Ordinance No. 6378 Aut horizing Amendment to the City of Auburn 2011-2012 Budget as Set Forth in Schedule "A" Finance Director Coleman stated that this is the fi rst reading of the midterm corrections to the budget. Coleman explained that t he City is bringing forward beginning fund balances where staff has est imated the 2011 ending fund balance. Coleman said that the water utility s ales are being adjusted downward and other increases in general fund revenu es for 2011 are being recognized. Finance Director Coleman mentioned that the increas es in the employer pension rates for 2011 are also being recognized in the 2012 budget. Finance Director Coleman answered questions asked b y Vice-Chair Peloza regarding the move of the Police Guild medical plan from AWC Plan A to AWC Preferred Provider Option. Chairman Wagner asked for additional information re garding the Capital Project changes for So. 277-AWN to Green River Brid ge, 8th Street NE – U Turn Improvements, and Lea Hill Pedestrian Improvem ents be provided at the upcoming budget workshop. F. Utility Financial Condition (Coleman) The Committee and staff reviewed a PowerPoint prese ntation of a projection of the current conditions of the City’s utility finances and the utility rate study. Finance Director Coleman stated that th ere has been a contraction of solid waste utility revenues due to a contraction of business. Coleman stated that this is also occurrin g to a degree in the water utility, as well as we experienced wetter weather o ver the last two years and the loss of the purchase of water by the Covington Water District. Coleman stated that the system growth is not at levels that it had been when the rate study was conducted. Finance Director Coleman explained that the City ha d been wholesaling water to Covington Water District as well as Water District #111 but when Pipeline 5 was completed, Covington no longer neede d wholesale water, in response to a question asked by Vice-Chair Peloza. The Committee and staff discussed the operational c ost of entering into wholesale water agreements. Finance Director Coleman responded to questions ask ed by Chairman Page 7 of 11 CA.A Wagner regarding the Water Utility Financial Foreca st 2011-2017 graph and the affect of the Build America Bonds debt service on the existing debt service, as show on the graph. Financial Planner Martin Chaw stated that the Commi ttee decided to fund depreciation starting in 2012, in response to a que stion asked by Chairman Wagner. Chairman Wagner asked for staff and the Com mittee to reconsider implementing the funding of depreciation. Vice-Chai r Peloza stated that he would like to weigh the pros and cons of funding de preciation before making a decision. Chairman Wagner requested an additional rate study prior to increasing utility rates. The Committee and Mayor Lewis discussed funding dep reciation and operational costs of the system. Chairman Wagner su ggested also reviewing the current cost of system operations. Mayor Lewis suggested the Committee review the pros and cons of funding depreciation at the next Committee meeting, Novembe r 7th and the current cost of system operations at the November 21st meet ing. The Committee and staff reviewed the Storm Utility Financial Forecast 2011-2017 graph and Sanitary Sewer Utility Financia l Forecast 2011-2017 graph. Finance Director Coleman spoke about the importance of debt service coverage. G. 2012 SOS Streets (Wickstrom) Street Systems Engineer Wickstrom distributed a vic inity map of the proposed streets. Chairman Wagner asked how the streets to be rebuilt were selected. Street Systems Engineer Wickstrom stated that staff determ ined which streets were in the worst condition and included them in th e 2012 SOS Project. Assistant Director/City Engineer Selle stated that H Street SE is included in the 2011 SOS project, in response to a question ask ed by Vice-Chair Peloza. Assistant Director/City Engineer Selle explained th at staff reviewed the rebuild candidates and based on staff’s judgment; t he worst ones were selected to be part of the project’s scope of work. Assistant Director/City Engineer Selle spoke about the utility impacts related to rebuilding the selected streets. Selle explained that most of the streets Page 8 of 11 CA.A that are in need of being rebuilt are in older part s of the City and some of the infrastructure needs to be upgraded at the same time as the rebuilds, particularly water. Street Systems Engineer Wickstrom distributed a mem o outlining the 2012 budgeted utilities funds that may be utilized to co nstruct utility improvements in association with the 2012 SOS Proje ct. Chairman Wagner asked why the amount of money in th e Water Repair and Replacement Fund was shown as $0. Assistant Directo r/City Engineer Selle answered that staff made adjustments to the budget to cut that amount because of the state of the City’s water financing and other higher priority capital projects that staff wants to move forward w ith. Chairman Wagner asked why the Build America Bonds are not enough to cover the capital projects. Assistant Director/City Engineer Selle an swered that the Build America Bonds were for specific projects within the program which are being constructed and the Committee and staff need to review the Capital Facilities Plan and rate study to get the full pict ure of the available funds. Assistant Director/City Engineer Selle stated that the capital projects are already included in the Capital Facilities Plan and approved by Council and they are consistent with the City’s water supply st rategy, in response to a question asked by Chairman Wagner. Street Systems Engineer Wickstrom responded to ques tions asked by Vice-Chair Peloza regarding the selected streets indicat ed on the vicinity map. Mayor Lewis asked the Committee to consider that st reet drainage is part of the SOS Program and to also consider offering, to t he residents, to form Local Improvement Districts (LIDs) near 22nd Street SE and in the H Street SE areas for sanitary sewer. Mayor Lewis said that one thing he would like staff to do is just to ask the people in the neighb orhood if they would like to form a LID to put in sewers. The Committee and staff discussed the possibility o f contacting the neighborhoods that are not hooked up to City sewer about forming LIDs. Assistant Director/City Engineer Selle asked for th e Committees’ concurrence for the proposed scope of work for the 2012 SOS Project, recognizing the need for future discussion regardin g the funding of the water infrastructure improvements. The Committee su pported the streets staff selected. H. Auburn Way South / M Street SE Intersection Study (Para) Traffic Engineer Para distributed a memo and maps r egarding the Auburn Way S and M Street SE Intersection Study and an acc ident map for the intersection. Para explained that the purpose of th e discussion is to review Page 9 of 11 CA.A with the Committee where staff is with the study an d to obtain feedback from the Committee. Traffic Engineer Para discussed the improvements al ready completed at the intersection to help decrease the number of acciden ts. Traffic Engineer Para addressed questions asked by the Committee regarding the left turn restrictions at the M Stree t SE/17th Street SE intersection. The Committee and Traffic Engineer Para discussed t he channelization of northbound M Street SE and left turn movements from M Street SE on to Auburn Way S. Member Haugen spoke about her concerns regarding th e speed limits on M Street SE south of the Auburn Way S intersection. Traffic Engineer Para reviewed the plan for Option 1 of planned capacity improvements from the intersection. The improvement s include the addition of a second northbound through lane on M Street fro m Auburn Way S to 12th Street SE, the addition of a northwest right t urn pocket, and the realignment of westbound 17th Street SE intersectio n. Chairman Wagner asked what the timeline is for adding the right tur n pocket. Assistant Director/City Engineer Selle answered that it depen ds on available funds. Selle explained that the goal of the discuss ion with the Committee is to determine an ultimate footprint of what the Comm ittee and staff want in the area and then the City can look for opportuniti es for funding and grants so staff can move forward. The Committee and staff discussed the need to acqui re Right-of-Way in order to make the desired improvements to the inter section. The Committee and staff reviewed the map outlining Option 2. Chairman Wagner stated that he is in favor of the d esign outlined in Option 2, using the Right-of-Way the City currently has to create the additional right turn lane shown on the map of Option 2 and acquirin g the necessary property that is needed to obtain the Right-of-Way to eventually complete the remainder of the intersection improvements. Traffic Engineer Para reviewed the map of Option 3, which eliminates the left turn movements from Auburn Way S on to M Stree t SE. Assistant Director/City Engineer Selle pointed out that restr icting the turn movements is a capacity improvement to the intersection with some safety benefits. Mayor Lewis commented that if the left tu rns were to be restricted a traffic light would be needed at the 12th Street and M Street SE intersection. Chairman Wagner agreed. Page 10 of 11 CA.A Traffic Engineer Para briefed the Committee on the Level of Service Analysis tables. The consensus of Committee members was that staff should move forward with Option #2 as funds allow. I. 2012-2017 Transportation Improvement Program (TIP) (Hankins) This discussion item was removed from the agenda at the request of Chairman Wagner. J. Capital Project Status Report (Gaub) Item F – MS0802 – Airport Re -Roof: Vice-Chair Peloza verified that the City’s general fund does not fund any repairs or ma intenance at the airport, in response to a question asked by Member Haugen. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:49 p.m. Approved this 7th day of November, 2011. Page 11 of 11 CA.A AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0909 Date: November 1, 2011 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend City Council grant permission to advertise for bids for Project No. CP0909 Academy Booster Pump Station Project.Background Summary:The purpose of the Academy Booster Pump Station pro ject is to construct a new water booster pump station in the Academy Water Service Area in order to meet fire flow demands and to provide adequate domestic water service, as identified in the 2001 C omprehensive Water Plan and the 2009 Comprehensive Water Plan. The new Academy Booster P ump Station will provide approximately 300 gpm domestic supply, 2,500 gpm fire flow supply, and wi ll include emergency power. Work also includes the decommissioning of the existing Janssen's Addition Pump Station. Project construction is anticipated to begin in Jan uary 2012 and be completed by December 2012. A project budget contingency of $18,531 remains in the Water 430 fund. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Vondrak Meeting Date:November 7, 2011 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINED CA.B Project No: CP0909Project Title: Project Manager: Ryan L Vondrak Project Update Initiation Date: August 3, 2009 Permision to Advertise Advertisement Date: Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 2012 Total Bond Proceeds - 430 Fund (Water)241,031258,9690500,000 Water - 430 Fund 02,541,03102,541,031 Total 0241,0312,800,00003,041,031 Activity Prior Years 20102011 2012 Total Design Engineering - City Costs 27,93522,16550,100 Design Engineering - Consultant Costs 213,096319,104532,200 Construction Contract Bid 2,100,0002,100,000 Authorized Contingency (10%)210,000210,000 Construction Engineering - City Costs 60,00060,000 Const Engineering - Consultant Costs (Carollo)52,70052,700 Const Engineering - Consultant Costs (Krazan)17,50017,500 Total 0241,031341,2692,440,2003,022,500 Prior Years 20102011 2012 Total *430 Funds Budgeted ( )0(241,031)(258,969)0(500,000)430 Funds Needed 0241,031258,9690500,000 *430 Fund Project Contingency ( )0(0)000 430 Funds Required 00000 Prior Years 20102011 2012 Total *430 Funds Budgeted ( )00(2,541,031)0(2,541,031)430 Funds Needed 0082,3002,440,2002,522,500 *430 Fund Project Contingency ( )00(2,458,731)0(18,531)430 Funds Required 0002,440,2000 * ( # ) in the Budget Status Sections indicates Money the City h as available.430 Water Budget Status Estimated Cost (Funds Needed)Funds Budgeted (Funds Available)430 Water Budget Status (Bond Proceeds)BUDGET STATUS SHEET Academy Booster Pump Station Imp Date: October 27, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets.CA.B CA.B AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C201A Date: October 31, 2011 Department: Public Works Attachments: Budget Status Sheet Consultant Scope Summary Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend Council grant perm ission to enter into Supplemental Agreement No. 6 to Consultant Agreement No. AG-C-34 4 with CH2M Hill, Inc. for construction management, administration, inspection , survey, and engineering for Project No. C201A M Street SE Underpass.Background Summary:The M Street SE Underpass project will lower and wi den M Street SE from 3rd Street SE to 8th Street SE to create a grade separated crossing at the BNSF railr oad tracks with sidewalks, bicycle lanes, 5-lanes, and street lighting. The project construction is scheduled to start in e arly 2012 and will require significant administrati on, management, survey, inspection, and construction en gineering work that will exceed City Staff's capaci ty. Several areas of specialized expertise are also req uired. The attached scope of work summary describes work to be completed by the Consultant during the c onstruction phase. This construction phase work was not included in the Consultant's original agreement and requires a supplemental agreement. The project budget includes $1,800,000 for Consulta nt provided construction phase services. The Not-to -be-Exceeded amount of this supplement is $1,781,026, w hich leaves $18,974 contingency within the project budget. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Sweeting Meeting Date:November 7, 2011 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINED CA.C AUBURN - M Street SE Project No: C201AProject Title: Project Manager: Jacob Sweeting Date: October 28, 2011 Consultant Agreement Initiation Date: February 24, 2003 2011 Mid Year BA Advertisement Date: Contract Award Award Date: Change Order Approval Contract Final Acceptance Funding Prior Years201120122013 Total 102 Fund - Traffic Impact Fees2,195,1601,500,00 0661,4004,356,560 102 Fund - Unrestricted Street Revenue150,000 150,000 102 Fund - Traffic Mitigation Fees660,000 660,000 REET2 169,420970,580 1,140,000 430 Water Fund 150,000150,000 Federal Grants419,792452,580 872,372 FMSIB Grant (State)3,291,5352,708,4656,000,000 TIB Grant (Anticipated)1,500,0001,500,0003,000,000 King County 180,13954,9401,299,4001,534,479 Ports of Seattle and Tacoma 771,400771,4001,542,800 BNSF 478,000478,000 Public Works Trust Fund Loan 3,226,9633,226,963 Total Funding 3,624,5113,128,1007,673,7358,684,82823,111,174 Activity Prior Years201120122013Total Total Design Costs2,276,398400,199 2,676,597 Total Right of Way Costs1,348,1132,086,464 3,434,577 Construction Contract Estimate 5,640,0007,600,00013,240,000 BNSF Construction Work 1,260,000500,0001,760,000 BUDGET STATUS SHEET M Street SE Underpass Project Funds Budgeted (Funds Available)Estimated Cost (Funds Needed)*,,,,,Construction Engineering (Consultant)330,265669,7358 00,0001,800,000 Construction Engineering (City)35,000130,00035,000200,000 PROJECT TOTAL ESTIMATED COSTS 3,624,5112,851,9287,699,7358,935,000 23,111,174 * Costs do not include the Auburn Black Diamond Road By-Pass Roa d Prior Years201120122013 Total ** 102 Funds Budgeted or Anticipated ( )(3,624,511)(3,128,100)(7,523,735)(8,684,828)(22,961,174) 102 Funds Needed3,624,5112,851,9287,549,7358,935,0 0022,961,174 102 Project Contingency (276,172)102 Funds Required 026,000250,1720 Prior Years201120122013 Total ** 430 Funds Budgeted or Anticipated ( )(150,000)(150,000) 430 Funds Needed 150,000150,000 430 Project Contingency 0 430 Funds Required 0 ** ( # ) in the Budget Status Sections indicates Money the City has available.430 Water Budget Status 102 Arterial Street Budget Status CA.C M STREET SE UNDERPASS PROJECT SUPPLEMENT 6 CONSULTANT SCOPE OF WORK SUMMARY PAGE 1 OF 1 C201A – M Street SE Underpass Project City of Auburn Scope for Construction Phase Services - Summary This is a general summary of the scope of work and cost s for construction phase services to be provided by the Consultant for the M Street SE Underpass projec t. Project Description The M Street SE Underpass project will lower and impr ove M Street SE from 3 rd Street SE to 8 th Street SE to create a grade separated crossing with the BNSF rai lroad tracks that has sidewalks, bicycle lanes, street lighting, and 5-vehicle lanes. Survey – Construction Staking: $190,750 The Consultant will provide all survey and construct ion staking for non-structural work required for the project construction. The Consultant survey team will include a 2 person survey crew dedicated to the project construction for the construction durati on. The Consultant survey work will include translating information from the project plans into con struction staking data and setting construction stakes as needed to complete the project construction. Inspection: $818,318 The Consultant will provide inspection services duri ng the project construction. The Consultant inspection team will include a Resident Engineer who w ill serve as the chief inspector and first point of contact during construction. The chief inspector wil l be present at all times during the project construction and will coordinate with the City’s Pro ject Engineer to ensure compliance with City requirements. The Resident Engineer will be supporte d by a full time general inspector and specialized inspectors required for structural, mechanical, and electrical work. Management and Administration: $305,663 The Consultant will provide construction management w ork including coordinating and planning Consultant resources and efforts. Contract administratio n work includes processing requests for sublets, submittals, requests for information, insurance documentation, payroll information, payment backup and records, contractor correspondence, materials paperwo rk, and invoices. Engineering: $231,287 The Consultant will provide engineering services as n eeded to support the project construction. This work includes review of contractor submittals, preparatio n of design clarifications, review of contractor proposed changes, preparation of changes required to add ress unexpected field conditions, interpretation of plans and specifications, and general assistance as needed to support Consultant inspection and survey work. Testing, Field Offices, Expenses: $235,008 The Consultant will provide testing of materials and w ork products to verify compliance with design requirements. The Consultant will provide a field offi ce for Consultant and City staff use during construction. The Consultant will incur various other expenses including copying, mileage, and equipment. Total Construction Phase Services = $1,781,026 CA.C AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C507B Date: October 31, 2011 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend City Council appro ve Final Pay Estimate No. 5 to Contract No. 11-03 in the amount of $2,059.80 with Pacific Northwest Earthworks LLC and accept construction of Project No. C507B, Aubur n / Pacific Trail Skinner Rd/3rd Ave SE (Phase 2.Background Summary:In February 2007, the Cities of Auburn and Pacific entered into an Interlocal Agency Agreement for Auburn to administer two federal grants for the con struction of non-motorized improvements along the west side of C St SW in Auburn, starting at 15th St SW and ending at Ellingson Road SW, and along Skinner Road and 3rd Avenue SE to Pacific Park in P acific. Due to right-of-way issues associated with a portion of the project located in the City of Pacif ic, the project was split into two projects and the portion of the project located in Auburn was constructed in 20 07/2008. In 2009, the Puget Sound Regional Council (PSRC) approved a scope change for the work propose d within the City of Pacific. In February 2011, the Cities of Auburn and Pacific approved Amendment No. 1 to the Interlocal Agency Agreement. Amendment No. 1 addressed an anticipated funding shortfall an d required that the City of Pacific provide additio nal funding needed for construction which exceeds the f ederal grants and match amounts previously agreed to in the original Interlocal Agreement, up to $40,000. The Auburn / Pacific Trail - Skinner Rd/3rd Ave SE (Phase 2) project constructed non-motorized improvements in the City of Pacific, including a 10 -foot wide non-motorized trail on Skinner Road from Ellingson Road SW to approximately 2nd Ave NE, a st riped bike lane on Skinner Road from approximately 2nd Ave NE to 3rd Ave SE, bike route signing on 2nd Ave NE and Alder Lane, and a 5-foot wide trail on 3rd Ave SE from Alder Lane to Pacific Park. The total project cost is estimated to be $149,810. A project budget contingency of $32,150 remains in the 102 (Arterial Street) Fund. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINED CA.D Public Works Councilmember:Wagner Staff:Dunsdon Meeting Date:November 7, 2011 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINED CA.D Project No: C 507BProject Title: Project Manager: Leah Dunsdon Project Initiation Initiation Date: __2005 ___ Permision to Advertise Advertisement Date: March 29, 2011 Contract Award Award Date: _May 2, 2011 ___ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 102 Fund - Federal Grant** 4,7113,282101,307109,300 102 Fund - Unrestricted - Matching funds73551210,31 211,559 102 Fund - Unrestricted 7,224 7,224 102 Fund - REET2 8,107 8,107 102 Fund - Other (City of Pacific)***45,77045,770 Total20,7773,794157,3890181,960 Activity Prior Years 20102011 Future Years Total Design Engineering - City Costs20,7773,79415,92040,491 Construction Contract Bid 84,574 84,574 BUDGET STATUS SHEET Auburn/Pacific Trail - Skinner Rd/3rd Ave SE (Phase 2)Date: October 19, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets.Funds Budgeted (Funds Available)Estimated Cost (Funds Needed)Construction Contract Bid 84,574 84,574 Line Item Changes 2,7452,745 Construction Engineering - City Costs 22,00022,000 Total20,7773,794125,2390149,810 Prior Years 20102011 Future Years Total *102 Funds Budgeted ( )(20,777)(3,794)(157,389)0(181,960)102 Funds Needed 20,7773,794125,2390149,810 *102 Fund Project Contingency ( )(0)0(32,150)0(32,150)102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates mon ey the City has available.** Requires a Local Match of $17,329 ($5,770 from P acific and $11,559 from Auburn) per the Interlocal Agreement.***Per Amendment No. 1 of the Interlocal Agreement between Auburn and Pacific, the City of Pacific wil l provide the required $5,770 local match and provide up to a n additional $40,000 for a total contribution of $4 5,770 to fund the project.102 Arterial Street Budget Status H:\PROJ\C507B-Aub-PacificTrail-Skinner\Budget\C507B.BudgetStatusSheet.xls 11:45 AM 10/19/2011 CA.D CA.D CA.D CA.D CA.D AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4682 Date: October 31, 2011 Department: Public Works Attachments: Resolution No. 4682 Exhibit A Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend that City Council adopt Resolution No. 4682.Background Summary:Resolution No. 4682 authorizes the Mayor to execute an interagency agreement with King County for the purpose of constructing a relocated King County san itary sewer main for the M Street SE Underpass project. The M Street SE Underpass construction requires the relocation of a King County owned 18-inch sanitary sewer main. Per an existing interagency agreement, the City has designed the relocated King County sewer main and included the design in the project c onstruction contract documents. The new interagency agreement will obligate the City to construct the r elocated sewer main and King County to pay for the relocation costs. This agreement benefits the City because it will not be subject to delays and additi onal impacts caused by King County hiring a separate con tractor to complete the relocation work in advance of the project. Additionally, the City is constructing a relocated City storm drain pipe adjacent to the relocated King County sewer main and constructing both reloca tions concurrently during project construction will allow for cost sharing of the trenching, restoratio n, surveying, and inspection between the City and K ing County, and lower the City's overall construction c osts. Reviewed by Council Committees:Finance, Public Works Councilmember:Wagner Staff:Sweeting Meeting Date:November 7, 2011 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINED RES.A ----------------------------- Resolution No. 4682 October 13, 2011 Page 1 RESOLUTION NO. 4682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT WITH KING COUNTY FOR THE PURPOSE OF CONSTRUCTING A RELOCATED KING COUNTY SANITARY SEWER LINE FOR THE M ST SE UNDERPASS PROJECT C201A WHEREAS, the City is the lead agency and is responsible for the planning, review, design, permitting, right-of-way acquisition an d construction of the M Street SE Underpass Project, hereinafter referred to as the “P roject”; and WHEREAS, the County has an 18-inch sanitary sewer line located in the public right-of-way in the vicinity of the Project which will have to be relocated to accommodate the Project; and WHEREAS, there is a mutual benefit to the City and K ing County in having the City construct the relocated sanitary sewer main during co nstruction of the M Street SE Underpass Project construction; and WHEREAS, King County is willing to compensate the Cit y for its costs to construct the relocated sanitary sewer main. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUB URN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute an Interage ncy Agreement with King County for the purpose of constr ucting the relocation of a King County Sanitary Sewer line for the M St SE Underpass Separation Project, in RES.A ----------------------------- Resolution No. 4682 October 13, 2011 Page 2 substantial conformity with the agreement amendment a ttached hereto, marked as Exhibit “A” and incorporated herein by this reference . Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out t he directives of this legislation. Section 3. That this Resolution shall take effect and be in ful l 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 RES.A ----------------------------- Resolution No. 4682 October 13, 2011 Page 3 APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 1 of 13 INTERAGENCY AGREEMENT BETWEEN CITY OF AUBURN AND KING COUNTY (WASTEWATER TREATMENT DIVISION) FOR UTILITY RELOCATION CONSTRUCTION ASSOCIATED WITH THE M STREET GRADE SEPARATION PROJECT THIS AGREEMENT is made and entered into by and betwe en King County, a political subdivision of the State of Washington, hereinafter r eferred to as the “County,” and City of Auburn, a municipal corporation of the State of Washin gton, hereinafter referred to as the “City.” County and City may also be collectively refer red to as the “Parties.” WHEREAS, the City has concluded that the re-grading of M Street at SR18, hereinafter referred to as the “Project,” is necessary in order to pr ovide an acceptable level of traffic flow and road safety; and WHEREAS, the City is the lead agency and is responsible for the planning, review, design, permitting, right-of-way acquisition and construction of the Project; and WHEREAS, the County has an 18-inch sanitary sewer line located in the public right-of-way in the vicinity of the Project; and WHEREAS, it will be necessary for the City to perform extra measures, hereinafter referred to as the “Utility Work,” to relocate the sanitary sewer line and maintain the integrity of the County’s sanitary sewer system during the course of the P roject; and WHEREAS, the County desires that the Utility Work be performed and is willing to compensate the City for its cost to perform the Utility Work; and WHEREAS, it is deemed to be in the best interest of t he public to incorporate the Utility Work, as requested by the County, into the construction contr act for the Project; and WHEREAS, the design of the Utility Work is being compl eted as part of the design work for the Project, under a prior agreement between the City a nd the County, resulting in plans and specifications for the Utility Work that are to be appr oved by the County, hereinafter referred to as "Approved 100% Documents"; NOW THEREFORE, it is mutually agreed as follows: 1. PURPOSE The purpose of this Agreement is to set forth the mutua l rights, responsibilities and obligations of the County and the City for the accomplishment of t he Utility Work described in Exhibit A, which is attached hereto and incorporated herein by thi s reference. No separate legal entity is created by this Agreement. RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 2 of 13 2. DURATION This Agreement shall become effective immediately upon execution by all parties and shall remain in effect until the Project is complete and th e County has paid the City in full for the actual cost of the Utility Work, in accordance with the pa yment provisions of Section V herein unless terminated sooner, as provided herein. The Part ies anticipate the Utility Work will be completed by March 31, 2014. 3. THE CITY’S RESPONSIBILITIES 3.1. The City has completed the environmental review required under the State Environmental Policy Act for the Project and the Util ity Work. 3.2. The City shall act as the lead agency for the Pro ject and shall accomplish the Utility Work described in Exhibits A and B on behalf of the Co unty in connection with the Project. The City project manager shall act as the administrator of this cooperative undertaking. The City shall be responsible for compliance with the follow ing County design standards, during the construction phases of the Project, except as indicated in the Approved 100% Documents or as otherwise approved in writing by the County: 3.2.1. Washington State Department of Ecology, Crite ria for Sewage Works Design, December 2008. a. Minimum slope for 18-inch sanitary sewer, 0.0012 ft/ft b. Maximum spacing between sanitary sewer manholes is 500 feet. Other requirements 3.2.2 Video sewer prior to placing in service. 3.2.3. Sewer where installed in casing shall be supporte d to maintain grade and prevent sags. 3.2.4. Side sewer connections shall be made to the City’s lateral sewers (and not to the relocated trunk sewer), except where shown on the Ap proved 100% Documents. 3.2.5. Access to casing and manholes will be made availabl e via the previously secured easements and right of way as shown in the Approv ed 100% Documents. 3.3. The City shall do all of the following: 3.3.1. prepare and finalize the construction contract documents for the Utility Work; 3.3.2. publicly bid the Project in accordance with the City’s public contracting procedures, requiring in the bid form a separate bid line item for the Utility Work, except for bid items for which the Utility Work is shar ed with other project work; 3.3.3. award the Project contract to the lowest respon sible, responsive bidder based on the lowest overall bid price. The successful, selected bidder shall be referred to below as the “Contractor;” 3.3.4. administer the Project contract, including accou nting and payment to the Contractor and construction management consultant(s) (“Consultant”); 3.3.5. prepare a construction manual that defines roles and responsibilities of the City, King County, Contractor, and Consultant during constru ction. The construction manual will define communication protocols, specific expectation s for inspection, RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 3 of 13 administration, and management, and will be reviewed and edited for consensus approval by the City, King County, and the Consulta nt prior to the start of construction. If consensus approval cannot be reached between King Coun ty and the City, the Dispute Resolution process described in Section 12 shall be followed; 3.3.6. maintain the Project records; 3.3.7. arrange a preconstruction conference with the C ontractor after awarding the contract and invite King County to attend and parti cipate in such conference; 3.3.8. provide all inspection, construction monitoring , testing, construction engineering, management, and administration required to complete t he Utility Work; 3.3.9. receive all submittals, requests for information , design clarifications, change orders, and substitution requests from the Contractor, route as appropriate to King County for review and comment, and transmit comments t o the Contractor; and 3.3.10. complete the Utility Work in accordance with th e Approved 100% Documents by March 31, 2013. 3.4. The Parties agree that the Project and Utility W ork shall be bid, contracted for and constructed in accordance with State and local law applica ble to the City public works projects. Any contract issued for the construction of the Project and Utility Work shall comply with all public works and procurement laws and regulations applica ble to the City, including, but not limited to, applicable performance and payment bond, prevailing wage, nondiscrimination, retainage, insurance, and workers compensation requirem ents. The City shall make this Agreement available to prospective bidders for the const ruction of the Project. The City shall provide the County with a copy of the bid documents fr om the successful bidder. 3.5. The City will provide County with copies of or e lectronic access to a) submittals and requests for information ("RFI's") from the Contractor related to the Utility Work; b) submittal and RFI responses from the City to the Contractor; c) we ekly schedule updates from the Contractor; d) minutes of meetings with the Contractor during periods the Utility Work is being performed; e) construction photographs related to the Utility Work; f) requests for change orders related to the Utility Work; g) notices from the Contractor related to the Utility Work; h) daily inspection reports; any Utility Work design documen t updates issued to prospective bidders or the Contractor, including CAD files. These items will be provided within two (2) working days of their receipt or generation by the C ity. 3.6 The City shall obtain the permits and approvals from all applicable government bodies necessary for the construction of the Utility Work. King C ounty shall have the right to review and approve any permit conditions affecting the Utilit y Work or King County property. Prior to executing any permit affecting the Utility Work or Ki ng County property, the City will provide the permit conditions to King County for review and r evision or approval. The City will not execute any permit affecting the Utility Work or King County property without King County approval of the permit conditions. 3.7 The City shall obtain any necessary temporary and/o r permanent easements for the construction of the Utility Work. King County shall have the right to review and approve any easement conditions affecting Utility Work or King Coun ty property. RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 4 of 13 3.8. Upon Acceptance of the Utility Work (as defined in the Project construction contract documents), the City shall assign all contractor/equipme nt warranties related to the Utility Work to King County so that King County can enforce the m. 3.9. The County reserves the right to review and reje ct any plans and specifications developed by the City for Utility Work activities not in compliance with the County’s standards that were not included in the Approved 100% Documents . Prior to implementing any plans or specifications that were not included in the Approved 10 0% Documents, the City will provide the plans or specifications to King County for review an d revision or approval. The City will not implement any plans or specifications not included in the Approved 100% Documents without King County approval. Ultimate responsibility for accuracy and completeness of t he City's plans for the Utility Work rests with the City. 3.10. The City, acting for and on behalf of the Cou nty, shall provide construction engineering and inspection of the Utility Work based upon plans and specifications reviewed and approved by the County and sound engineering practice. The City will provide copies to the County of all daily inspection reports for work involving the Co unty’s facilities on a weekly basis. Inspection of construction activities by the City shall no t constitute a guarantee or warranty of the adequacy of performance. The City shall allow reaso nable access to the Utility Work by County personnel, should the County elect to supplement the City's inspection services. 3.11. The City shall bill the County for costs related to the Utility Work incurred by the City and/or the Consultant(s) and Contractor(s) in accordance with the payment provisions of Section 5 of this Agreement. 3.12. The City shall initiate and coordinate final inspectio n and the follow through with completion of items listed on the County’s punch list wi th the Contractor . 3.13. The City shall provide the County with a set of “as-bu ilt” drawings of all Utility Work for the County’s permanent records, within six (6) months o f the final acceptance of the Utility Work. As-built drawings to be submitted shall include a full size red-lined plan set and a scanned drawing set in PDF format on CD. As-builts may be sent to the the County address noted in section15 of the Agreement (Notices). 3.14. Upon completion of the Utility Work, the City wi ll transfer ownership to the County, without further charge or expense and by Bill of Sale with warranty of title, all of the facilities comprising the Utility Work and shall assign to King Cou nty any permits and easements issued to the City for such facilities at no charge. 3.15. Any obligations of the City beyond the current fiscal year are subject to local legislative appropriation of funds for the specific purpose of fundi ng this Project in accordance with ordinances of the City and applicable law. 4. THE COUNTY’S RESPONSIBILITIES RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 5 of 13 4.1. The County shall be responsible for the actual costs of construction engineering, construction labor, inspection, and contract administration related to the Utility Work, and shall reimburse the City for such costs in accordance with the t erms of Section V of this Agreement. 4.2. The County shall make all reasonable efforts to co operate with the Project Consultant(s) and Contractor(s) in facilitating the Uti lity Work as set forth in Exhibit A, and make necessary personnel available so as to not delay the Contractor’s construction schedule. 4.3. The County shall, within twenty-one (21) calenda r days after notification of completion of the Utility Work, issue written notification to the City of any deficiencies or of acceptance of the work performed on behalf of the County. The Ci ty’s Contractor shall correct any deficiencies. If, after the twenty-one (21) day perio d, notification has not been received by the City, from the County, then the Utility Work shall be considered complete and accepted by the County. 4.4. The County may, if it desires, furnish an inspector for the Utility Work. Any costs for such inspection will be borne solely by the County. All contact between said inspector and the City’s Contractor shall be through the the City’s on-sit e representative who shall be identified at the preconstruction conference. 4.5. Any obligations of the County beyond the current fiscal year are subject to and contingent upon the appropriation of funds by the Kin g County Council for the specific purpose of funding the Utility Work in accordance with the Ki ng County Charter and applicable law. Should such an appropriation not be approved, then th is Agreement shall terminate at the close of the current appropriation year and King Count y will be responsible for completing any unfinished Utility Work The appropriation year ends on December 31 of each year. 4.6. County shall not be required to relocate, m odify or adjust, at County expense, the Utility Work constructed pursuant to this Agreement, to accommodate the City’s widening or improvement (except adjustments required for routine maintenance and preservation such as adjusting manhole lids) of L Street SE, 6th Street SE or 4th Street SE for a period of ten (10) years after the Utility Work is accepted by the County. 5. P AYMENT 5.1. The County agrees to reimburse the City for the actual cost of the Utility Work without mark-up of any kind. The City’s estimate of costs is shown in Exhibit B, Preliminary Cost Summary, which is attached hereto and incorporated her ein by this reference. 5.2. The City shall provide the County monthly with properly executed invoices showing expenditures during the previous month on the Utility Work . Invoices shall be based on and itemize the Consultant's payments applicable to the Ut ility Work and Contractor’s payments, equipment, materials and labor expended on the Utili ty Work, as described in Section 5.3 below. Invoices shall be documented to the reasonable sa tisfaction of the County. Properly documented invoices shall be paid by the County within sixty (60) days of receipt by the County. Notice of any potential dispute regarding such payment request shall be made in writing within the same time period. Payment by the County shall not constitute agreement as to the appropriateness of any item or acceptance of the work so represented. At the time of final audit, all required adjustments related to any potential dispute for which notice has been timely given shall be made and reflected in a final p ayment. RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 6 of 13 5.3. The County shall pay the City for the following costs: 5.3.1. The final cost (without any mark-up for City administrative costs) of all contract items related to the Utility Work, as shown i n Schedule B of the bid proposal of the successful bidder, and the proportions o f the bid amounts in Schedules A, C and D that are attributable to the Uti lity Work as estimated in Exhibit B; and 5.3.2. Actual costs of City expenditures for construction engineering, inspection, administration and management attributable to the Ut ility Work, as estimated in Exhibit B. Costs for City staff shall include labor only and exclude mark-up of any kind. Consultant costs shall include the Consultant’s labo r, overhead, and fee; and 5.3.4 The cost of any extra work associated with the Ut ility Work within the amount of the “Contingency” as shown in Exhibit B, and any costs for extra work that have been approved in accordance with Section 8. 5.4. Invoices will provide a summary of labor, equipme nt, materials, benefits and overhead, other charges and the total amount due and will inclu de supporting documentation. If any invoice seeks reimbursement of City employee labor hour s, then the invoice shall state the labor hours expended by individual City employees al ong with their applicable labor rates. 5.5. Upon completion of the Project, the City shall con duct a final audit of the Project in accordance with standards of the Washington State Depart ment of Transportation. At the time of the final audit, all adjustments required shall be made and shall be reflected in a final billing to the County. Within thirty (30) days of receipt of the audit and final billing, the County shall notify the City in writing of any objections to the a udit and/or billing. If no objections are timely filed, the County shall make final payment to the Ci ty and such final payment shall constitute an acceptance by the County of the City’s costs and account ing. 6. H OLD HARMLESS AND INDEMNIFICATION 6.1. The City shall hold harmless, indemnify and defen d the County, its officers, appointed and elected officials, employees and agents, from and ag ainst any and all claims, actions, suits, liability, loss, expenses, damages and judgments o f any nature whatsoever, including costs and attorney’s fees in defense thereof, for injur y, sickness, disability or death to persons or damage to property or business, caused by or arising o ut of the Project and/or services performed under this Agreement, whether arising befo re, during or after completion of the Project or services and whether suffered by the City, i ts officials, employees and/or agents or any other person or entity. PROVIDED, HOWEVER, that the City’s obligation hereu nder shall not extend to injury, sickness, death or damage caused b y or arising out of the sole negligence of the County, its officers, elected and appointed o fficials, employees or agents; the City expressly and specifically agrees that its obligations und er this paragraph extend to any claim, action, suit, liability, loss, expense, damage and/or ju dgment brought by or on behalf of any of its appointed or elected officials, employees or agents. For this purpose, the City, hereby expressly and specifically waives, with respect to the Coun ty only, any immunity that would otherwise be available against such claims under the Ind ustrial Insurance provisions of Title 51 RCW. RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 7 of 13 6.2. The City will require its consultants, Contracto r,subcontractors and suppliers of any tier to defend, indemnify and hold harmless King County, i ts officers, officials, and employees from any and all claims, injuries, damages, losses or suits incl uding attorney’s fees and costs, arising out of or in connection with the design, development and construction of the Utility Work and Pr oject except for injuries and damages caused by the sole negligence of King County. 7. TERMINATION 7.1. The City has the right to terminate this Agreeme nt by providing written notice to the County if the City determines not to undertake the P roject or to discontinue the Project, in which case the County shall only be responsible for costs a uthorized under Section 5.3 herein incurred by the City prior to the City’s notice of ter mination. 7.2. The County has the right to terminate this Agree ment by providing written notice to the City prior to the award of the construction contract, in which case the County shall be responsible only for those costs authorized under Section 5.3 incurred by the City in executing the necessary contract changes to delete the Utility W ork. 7.3. After award of the construction contract by the City, the County may terminate this Agreement only upon thirty (30) days’ prior written notice to the City. In that event, the County shall be responsible for all costs authorized under Sectio n 5.3 incurred by the City and all bona fide costs claimed by the Contractor in performing the Utility Work up to and including the date of termination and in deleting the Utility Work from the Project. 8. EXTRA WORK There may be unforeseen conditions requiring immediate resolution during the construction phase of the Project such as construction disputes and clai ms, changed conditions and changes in the construction work. Reimbursement for incre ased construction engineering and/or construction contract amounts for the Utility Wor k shall be limited to costs covered by a modification, change order or extra work order approve d as follows: 8.1. Should it be determined that a change to the Pr oject plans and specifications is required for the Utility Work, the City, through it s project manager, shall notify the County at least three (3) working days prior to commencing work o n the changed work. Should the County determine that a change to the Project plans an d specifications is required for some element of the Utility Work, the County shall notify the City prior to the Contractor commencing work on that element. The City will instruct the Cont ractor to make reasonable changes requested by the County. If a request for a change t o an element of the Utility Work is received from the County after the Contractor has comm enced work on that element, the City will evaluate reasonable requests on a case by case basis and instruct the contractor to incorporate changes at its discretion. 8.2. Any change in the Utility Work, which would cause the “Total Cost” to exceed the amount shown in Exhibit B will require a binding Let ter of Agreement, signed by both the City Mayor or his/her designee and the County Wastewater T reatment Division Director or his/her designee, describing the changed scope of work and the e stimated change in the Utility Work cost. RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 8 of 13 8.3. In the event of a claim by the Contractor(s), ea ch party shall be responsible for its proportionate share based on its proportionate responsi bility for the claim, PROVIDED THAT nothing in this Agreement shall be construed to make t he County responsible for a Contractor(s) claim, to the extent that it is caused by the actions, inactions or responsibilities of the City and/or its agents, employees or consultants, in cluding the Consultant . 9. INSURANCE 9.1. Prior to commencement of construction of the Pro ject, the City shall cause the Contractor to maintain the following insurance coverages and prov ide the County with evidence thereof: 9.1.1. General Liability. Coverage shall be at lea st as broad as Insurance Services Office form number CG 00 01 Ed. 11-88 covering COMMER CIAL GENERAL LIABILITY. $5,000,000 combined single limit per occurrence, and for those policies with aggregate limits, a $5,000,000 aggregate limit. Excess/Umbrella Liabili ty coverage may be provided to satisfy the required limits. 9.1.2. Automobile Liability. Coverage shall be at least as broad as Insurance Services Office form number CA 00 01 Ed. 12/90 covering BUSINE SS AUTO COVERAGE, symbol 1 “any auto”; or the combination of symbols 2, 8, and 9. $5,000,000 combined single limit per accident. Excess/Umbrella Liability coverage may be provi ded to satisfy the required limits. 9.1.3. Workers’ Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Workers’ Compensa tion coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or “other States” State Law. 9.1.4. Employer’s Liability or “Stop Gap”. Coverag e shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection prov ided by the “Stop Gap” endorsement to the general liability policy. Limit: $ 1,000,000. 9.2. The City shall cause the insurance to be maintain ed until acceptance of the Project or for such longer time as required by the City ’s contract wit h the Contractor. 9.3. The City shall cause the Contractor(s) to name K ing County as an additional insured under Commercial General Liability and Business Automob ile Liability Insurance with respect to primary and non-contributory limits in accordance wit h a standard separation of insureds clause, and the County shall be provided not less than 45 days prior written notice of cancellation (10 days with respect to cancellation for no n-payment of premium) per RCW 48.18.290. 9.4. All insurers shall either be licensed to conduct busi ness in the State of Washington and rated A-:VII in the A.M. Best’s Key Rating Guide or f iled as a surplus lines placement by an authorized Washington State Surplus Lines Insurance Bro ker. Any form of self-insured retentions in excess of $25,000 shall be disclosed and are subject to approval by the County. 9.5. Prior to commencement of the Project, as documen tation of insurance as required hereunder, the City shall cause the Contractor(s) to pr ovide certificates of insurance with copies of the actual additional insured policy endorsemen ts or blanket additional insured RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 9 of 13 wording stating that the County is an additional insur ed. All insurance documentation shall be delivered to: King County Risk Management Section 10. KING COUNTY’S RELATION TO CONTRACTOR With respect to the Utility Work only, the City shall ca use the contract between the City and the Contractor to state that for purposes of the construction of the Utility Work, the County is a third-party beneficiary of the contract including with out limitation its indemnification provisions, and that all of the Contractor’s representations, warr anties and guarantees and those of the Contractor’s suppliers of material used in the Utility Work run to and benefit the County. Other than as stated in this paragraph with respect to the Contractor, the Parties do not intend that this paragraph be interpreted to create any obligati on or liability or promise of performance to any third party, other than the Parties, for purpose s of construction of the Utility Work. The City agrees that the contract between the City and th e Contractor shall (i) state explicitly that, with respect to the Project, King County is a third pa rty beneficiary of such contract and (ii) require the insurance described in section 9 herein. The City represents that it will give a copy of this Agreement to the Contractor. 11 PROJECT RECORDS Upon request by the other Party, each Party will pro vide, within ten (10) calendar days of any request, or if the request is voluminous or is for docume nts in several locations then in a reasonable time, any Project-related documentation in its possession or in the possession of its agents, Contractors and Consultants (except docume nts that are not subject to the Washington State Public Records Act, Ch. 42.56 RCW), i ncluding but not limited to environmental analyses, geo-technical reports, engineers estimates, bid tabulations, contractor submittals, and contract payment records relat ing to the Project or Project Site. In addition for a period not less than six (6) years from the final payment to the City, the City shall keep all records and accounting pertaining to the Proj ect available for inspection and audit by the State and copies of all records, accounts, documents or other data pertaining to the Project shall be furnished upon request. If any liti gation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained by the City until all litigation, claim or audit finding has been resol ved even though such litigation, claim, or audit may continue past the six-year retention period . 12. DISPUTE RESOLUTION 12.1. In the event the City and the County disagree over whether the Contractor has fulfilled its obligations under the Utility Work scope of work, t he City reserves the right to make the final decision as to the acceptability of the work. If a dispute arises between the County and the City, the parties agree that they will attempt t o resolve the issue through mutual negotiation. In the event that the Parties are not able to reach an agreement through such negotiation the Parties agree to engage in mediation in order to resolve the dispute. Mediation may be requested by either party, and shall be attemp ted prior to the institution of any lawsuit arising under this Agreement. Each party shall designat e, in writing, not more than three candidates it proposes to act as a non-binding mediator w ithin ten days following notification of a dispute. The candidates proposed shall be from Judicial Arbitration and Mediation Services (JAMS) or Judicial Dispute Resolution (JDR) or shall be a neutral, independent and RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 10 of 13 recognized expert in the field in which the dispute ar ises. If the Parties cannot agree on one of the mediators from the combined list within five days, then the Parties shall promptly meet and select a mediator by blind draw. Upon selection of the mediator, the Parties shall within 30 days, or as soon thereafter as possible, meet and engage in a mediation of the dispute with the assistance of the mediator. The cost for the mediat ion services shall be borne equally between the Parties, each party paying one-half of t he cost. The mediator shall determine reasonable procedures. Testimony and briefing, if an y, provided to the mediator shall be inadmissible in any subsequent court proceedings. If med iation fails to resolve the dispute, the Parties may thereafter seek redress in court. Venue and jurisdiction shall lie with the King County Superior Court in Seattle, Washington. 12.2. This Agreement has been made pursuant to, and sha ll be construed according to, the laws of the State of Washington. 13. P ROPERTY Any real or personal property acquired or used by any party in connection with this Agreement will be acquired, held, and disposed of by that party in its discretion, and other parties will have no joint or other interest therein. Upon terminati on of this Agreement, real and personal property acquired through this Agreement shall be reta ined or disposed of in the manner provided by law. 14. CHANGES AND MODIFICATIONS Either party may request changes, amendments, or addit ions to any portion of this Agreement; however, except as otherwise provided in this Agreement, no such change, amendment, or addition to any portion of this Agreement shall be va lid or binding upon either party unless it is in writing and executed by both parties. All such chang es shall be made part of this Agreement. 15. NOTICES Unless otherwise directed in writing, notices, reports and payments shall be delivered to each party as follows: City of Auburn King County Public Works Department King County Department of Natural Jacob Sweeting, P.E. Resources and Parks 25 West Main Street Wastewater Treatment Divis ion Auburn, WA Susan Hildreth, P.E. 98001 Mailstop KSC-NR-0509 201 South Jackson Street Seattle, Washington 98104-3855 Notices mailed by either party shall be deemed effectiv e on the date mailed. Either party may change its address for receipt of reports, notices, or p ayments by giving the other written notice of not less than five (5) days prior to the eff ective date. For accounting purposes, the respective Federal Tax Ide ntification Numbers are: City of Auburn: 91-6001228 King County: 91-6001 327 RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 11 of 13 16. ENTIRE AGREEMENT These provisions represent the entire and integrated a greement of the parties and may not be modified or amended except as provided herein. Any understanding, whether oral or written, which is not incorporated herein is expressly excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective on the latest date shown below. The signatories below represen t and warrant that they possess the authority to execute this Agreement and bind their re spective entities. CITY OF AUBURN KING COUNTY Wastewater Treatment Division By: By: __ Pete Lewis Date Pam Elardo Date Mayor Wastewater Treatment Division Director RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 12 of 13 EXHIBIT A KING COUNTY WASTEWATER TREATMENT DIVISION UTILITY WORK ASSOCIATED WITH THE M STREET GRADE SEPARATION PROJECT Utility Work Description Relocation of the existing 18” King County Sewer Main and appurtenances in M Street SE, Auburn, Washington between 6 th Street SE and 3 rd Street SE as required to construction the M Street SE Grade Separation Project. The relocated alignment will follow M Street SE to 6 th Street SE to L Street SE, to 4 th Street SE to M Street SE, and will be lowered to accommodate the lowered streets. The work includes approximately 1,750 feet of new sewe r main construction, 280 feet of bored pipe and casing beneath SR18 and the BNSF right -of-way, 9 new manholes, trenching and roadway restoration, traffic control, by-pass pumpin g, erosion control, construction administration and management, and all other constructi on related work necessary to complete the relocation. RES.A Resolution No. 4682 Exhibit A October 13, 2011 Page 13 of 13 EXHIBIT B KING COUNTY WASTEWATER TREATMENT DIVISION UTILITY WORK ASSOCIATED WITH THE M STREET GRADE SEPARATION PROJECT Preliminary Cost Summary Work Element Estimate King County % City of Auburn % King County Cost Construction Contract – Construction of relocation King County sewer main, manholes, and appurtenances (Utility Work) $1,046,000 100% 0% $1,046,000 Construction Contract – Construction of City of Auburn M Street Grade Separation $13,838,400 0% 100% $0 Consultant – Construction Management, Inspection, Administration, and Survey $1,800,000 7.65% 92.35% $137,700 City of Auburn – Construction Management, Administration $200,000 7.65% 92.35$ $15,300 Construction Contingency for Utility Work (≈10%) $100,000 100% 0% $100,000 Total $1,299 ,4 00 RES.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4755 Date: November 1, 2011 Department: Public Works Attachments: Resolution No. 4755 Staff Report Vicinity Map Budget Impact: $0 Administrative Recommendation:Public Works Committee recommend that the City Coun cil adopt Resolution No. 4755 Background Summary:Terry Home, Inc has applied to the City for vacatio n of the right-of-way of 8th Street NE, west of A S treet NE shown on Exhibit "B". The applicant currently ow ns two parcels immediately south of the right-of-wa y and is proposing to incorporate the right-of-way in to their development plans for these parcels. The application has been reviewed by City staff and utility purveyors who have an interest in this rig ht-of-way. Through this review City staff has determined that the right-of-way is no longer needed to meet t he needs of the City and that a public hearing should be set to determine if said right-of-way may be vac ated. Resolution No. 4755, if adopted by City Council, se ts the date of the public hearing for December 5, 2 011. Reviewed by Council Committees:Planning And Community Development, Public Works Councilmember:Wagner Staff:Mund Meeting Date:November 7, 2011 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINED RES.B ---------------------------- Resolution No. 4755 August 29, 2011 Page 1 of 3 RESOLUTION NO. 4755 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RECEIVING A PETITION FOR VACATION AND SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF 8 TH STREET NE, WEST OF A STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn, Washingt on, has received a petition signed by owners of at least two-thirds (2 /3) of the property abutting righ t-of-way at the location of 8 th Street NE, west of A Street NE and adja cent to Parcel Nos. 6053400525 , 0721059008 and 1321049057, within the City of Auburn, Washington, requesti ng that the same be vacated; and, WHEREAS, pursuant to Sectio n 35.79.010 of the Revised Code of Washington, a hearing on such vacation shall be set by Resolution, with the date of such hearing being not more than sixty (60) days nor less than twenty (20) days after the date of passage of such Resolution. NOW, THEREFORE, TH E CITY COUNCIL OF TH E CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That a heari ng on the vacation of 8 th Street NE, west of A Street NE, located within the City of Auburn, Wash ington, legally desc ribed as follows: THAT PORTION OF 8 TH STREET N.E., BEING 30 FEET IN WIDTH, LYING NORTHERLY OF AND ADJACENT TO LOT RES.B ---------------------------- Resolution No. 4755 August 29, 2011 Page 2 of 3 9, BLOCK 10, NEW ADDITION TO THE CITY OF AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS, PAGE 8, IN KING COUTY, WASHINGTON, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE NORTH 00 ˚31’29” EAST A DISTANCE OF 30.07 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, OF THE WM., AND THE NORTHERLY LINE OF SAID 8 TH STREET N.E.; THENCE NORTH 86 ˚29’ 53” EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 146.51 FEET TO THE NORTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF “A” STREET N.E.; THENCE SOUTH 00 ˚31’29” EAST ALON G SAID LINE A DISTANCE OF 30.07 FEET TO THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 86 ˚29’53” WEST ALONG THE NORTH LINE THEREOF AND ALONG THE SOUTHERLY LINE OF SAID 8 TH STREET N.E. A DISTANCE OF 146.51 FEET TO THE BEGINNING. CONTAINING 4,395.17 SQUA RE FEET, MORE OR LESS. SUBJECT TO ANY/ALL EASEMENTS OF RECORD. and as shown on the document attached hereto, marked as Exhibit “B” and incorporated herein by this reference, is hereby set for 7:30 p.m. on the 5th day of December, 2011, at the City Council Chambe rs at 25 West Main Street, Auburn, Washingt on, 98001, with all persons wishing to speak to the vacation at the public hearing being invited to attend. Section 2. The Mayor is hereby authoriz ed to implement such administrative procedures as may be necessary to carry out t he directives of this legislation, including posting notice of such public hearing as required by State la w and City Ordinance. RES.B ---------------------------- Resolution No. 4755 August 29, 2011 Page 3 of 3 Section 3. This Resoluti on shall be in full force in effect upon passage and signatures hereon. DATED and SIGNED this day of , 2011. CITY OF AUBURN ______________________________________ P E T E R B . L E W I S Mayor Attest: ___________________________________ Danielle E. Daskam, City Clerk Approved as to Form: _____________________________ Daniel B. Heid, City Attorney RES.B Resolution No. 4755 Exhibit A August 29, 2011 Page 1 of 1 RES.B Resolution No. 4755 Exhibit B August 29, 2011 Page 1 of 1 RES.B Exhibit "C"Resolution No. 4755 Exhibit C August 29, 2011 Page 1 of 1 RES.B Exhibit "D"Resolution No. 4755 Exhibit D August 29, 2011 Page 1 of 1 RES.B Vacation No. V3-11 Staff Report 11/1/2011 Page 1 of 2 R IGHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number V3-11 Applicant: Terry Home, Inc. Property Location: Right-of-Way located at 8 th Street NE west of A Street NE. Description of right-of-way: This ROW consists of 8 th Street NE west of A Street NE. The ROW is bordere d on the west by Parcel No. 1321049057, on the north by Parcel No. 0721059008 a nd on the south by Parcel No 6053400525 which is ow ned by the applicant. This portion of ROW is 4,395.17(+/-) square feet. The ROW was initially dedicated to the City of Aubu rn from The Auburn Development Co. through dedicati on of the plat New Auburn Addition, recorded in Volume 44 Plats, Page 8 and 9 of Records of King County, Was hington on April 19, 1947. See Exhibits “A” and “B” for legal description and survey. Proposal: The Applicant proposes that the City vacate the abo ve described right-of-way. Terry Home, Inc. is pro posing to incorporate this right-of-way as part of their deve lopment project of the two parcels immediately sout h of the right-of-way. Applicable Policies & Regulations: • RCW’s applicable to this situation - meets require ments of RCW 35.79. • MUTCD standards - not affected by this proposal. • City Code or Ordinances - meets requirements of AC C 12.48. • Comprehensive Plan Policy - not affected. • City Zoning Code - not affected. Public Benefit: • This street vacation decreases the Right-of-Way ma intenance obligation of the City. • The vacated area may be subject to property taxes. Discussion: The vacation application was circulated to Puget So und Energy (PSE), Comcast, Qwest, Verizon and city staff. 1. PSE – PSE has existing electric facilities and w ill require an easement. 2. Water – Currently, there is an existing water ma in within the right-of-way to be vacated. As a con dition of approval, a public water utility easement within th e proposed vacation area shall be granted to the Ci ty. 3. Comcast – No comments. 4. Qwest – No comments. 5. Verizon – No comments. 6. Sewer – No comments. 7. Storm –No comments. 8. Transportation – The right-of-way requested to b e vacated is not required for transportation purpos es and is not designated in any city plans for roadway or non-motorized improvement. RES.B Vacation No. V3-11 Staff Report 11/1/2011 Page 2 of 2 9. Building – No comments. 10. Planning – No comments. 11. Fire – No comments. 12. Police – No comments. 13. Streets – No comments. 14. Information Services – No comments. 15. General Review – Any future development or buil ding over the vacated ROW will require that the developer/owner vacate necessary easements and relo cate all affected utilities prior to construction. 16. Construction – No comments. Assessed Value: ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compen sated for the vacated right-of-way in an amount which does no t exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portion s thereof were acquired at public expense or have b een part of a dedicated public right-of-way for 25 years or mor e, compensation may be required in an amount equal to the full value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-w ay to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the ri ght-of-way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide t he city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The cit y reserves the right to have a second appraisal performed at t he city’s expense.” Note: The city engineer has no t required an appraisal for the value of this right-of-way sin ce the right-of-way was originally acquired through dedication of a Plat at no cost to the City. RCW 35.79.030 states the vacation “shall not become effective until the owners of property abutting up on the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which doe s not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the ow ners of the property abutting the street or alley t o compensate the city or town in an amount that does not exceed the full appraised value of the area vacated.” The right-of-way was acquired through dedication of a Plat on April 19, 1947 at no cost to the City. Recommendation: Staff recommends that the street vacation be grante d subject to the following conditions: 1. A public utility easement shall be reserved for City of Auburn water facilities along the north eig ht feet of the vacated ROW. See Exhibits “C” and “D” for lega l description and survey. 2. The need for an easement for Puget Sound Energy electric facilities as it relates to the applicants proposed development plans for the vacated ROW is s till being evaluated by City staff. A final staff recommendation will be ready for the Public Hearing . 3. Staff recommends that compensation for the value of the right-of-way not be required since the righ t-of-way was originally acquired through dedication of a Plat at no cost to the City. RES.B RES.B AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4768 Date: October 27, 2011 Department: Administration Attachments: Resolution No. 4768 Budget Impact: $0 Administrative Recommendation:City Council adopt Resolution No. 4768.Background Summary:RCW 42.17.130 authorizes city councils to take coll ective action regarding ballot measures appearing before the voters so long as the action is taken at a public meeting, the intended action is identifie d on the agenda, and where the opportunity for opposing view s is given to attendees at the public meeting. Initiative 1183, if passed, would close state liquo r stores and sell their assets; license private par ties to sell and distribute spirits; set license fees based on s ales; regulate licensees; and change regulation of wine distribution. Initiative 1183 provides that private distributors and retailers will pay a percentage of their liquor revenues to the state, that the current revenue distrtibutio n to local governments shall continue, and that a p ortion of the new liquor fees shall be dedicated to local pub lic safety programs. In light of the value and the benefits to the citiz ens of Auburn of increased revenues for local publi c safety programs, it is appropriate that the City Council s upport this ballot measure as permitted pursuant to RCW 42.17.130. Reviewed by Council Committees:Finance, Public Works Councilmember:Backus Staff:Heid Meeting Date:November 7, 2011 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINED DI.A RESOLUTION NO. 4 7 6 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SUPPORTING INITIATIVE 1183 CONCERNINGLIQUOR: BEER,WINE, AND SPIRITS (HARD LIQUOR)WHEREAS, Initiative Measure No. 1183 ("I-1183"), if passed, would close state liquorstores and selltheir assets; license privateparties to sell and distribute spirits; setlicense fees based on sales; regulate licensees; and change regulation of winedistribution; and WHEREAS, the proponents of I-1183 state that "...the govemment monopoly on liquor distribution and liquorstores in Washington and thestate govemment regulations that arbitrarilyrestrict the wholesale distribution and prices of wine are outdated, inefficierrt, and costly to local taxpayers; consumers,distributors, and retailers." and WHEREAS, 1-1183 provides that private distributors and retailers will pay a percentage of their liquor revenues to the state, that thecurrent revenue distribution to local govemments shall continue, and fhat a portion of the new liquorfees shall be dedicated to local public safetyprograms; and WHEREAS, it is antioipated that I-1183 will increase the standards for training and supervision of employees selling spirits atretail locations, andwill increase thefines for selling liquor to minors; and WHEREAS, RCW42.17.130 authorizes city councils totake collective actionregardingballotmeasuresappearing before the voters so long as the action is taken at a public meeting, theintendedaction is ident ed on the Resolution No. 4768 October 27, 2011 Page 1 of 3 DI.A agenda and where the opportunity for opposing views is given to attendees at the public meeting; and WHEREAS, in light of the value and the benefits to the citizens ofAubum of increased revenues for local publicsafety programs, it is appropriate that the City Councilsupport this6allot measure as permittedpursuarrt to RCW 42.17.130.NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,HEREBYRESOLVES as follows:Section 1. That the City Council supportsInitiative 1183, comingbefore thevoters at the November 8, 2011 general election.Section 2. Thatthis Resolu6on 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 APPR VED AS TO FORM:D el B. ' ,Attomey Resolution No.4768 October 27, 2011 Page 2 of 3 DI.A RCW 42.17.130'42.17.130 Use of public office or agency facil"ies in campaigns — Prohibition -Exceptions:No elective official nor any employee of his [or her] office nor any person appointed to or employed by any public o ce or,agency may use or authorize the use of any,of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any offce or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agenqy include, 6ut are not limited to, use of stationery, postage,machines, and equipment, use of employees of the o ce or agencyduring working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the ce or agency. However, this does not apply to the following activities.:1) Action talien at an open public meetingby members of an elected legislative body oc by an elected board, council, or commission of a spec.ial purposedistrict including, buY not limited to, fire districts, public hospital districts,library districts, park districts, port districts, publicutility districts, schooldistricts,sewer districts, and water districts, to express a collectiVe decision, orto actually vote: upon a motion, proposal, resolution, order, orord'inance, or to support or oppose a ballot proposition so long as (a) any requirednotice of themeeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of thespecial purposedistrict, or members of the public are afforded an approximatelyequal.opportunity for the expression.of an opposing view;2) A statemeM by an elected o cial in support of or in opposition to any ballot proposition at an open pressconference or in response to a specfic inquiry;3) Activitieswhich are part of the normal and regularconduct of theoffice or agency:[2006 c 215 § 2; 1979 ex,s. c 265§ 2; 1975-'76 2nd ex.s. c 112 § 6;1973 c1 § 13 (Initiative Measu e No. 276, approved November7, 1972).]Effective until January 1,2012.Recodified as RCW 42.17A.555:)Resolution No. 4768 October 27, 2011 Page S of 3 DI.A AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6378 Date: November 2, 2011 Department: Finance Attachments: Memo Ordinance Schedule A Budget Impact: -$128,480 Administrative Recommendation:City Council to introduce and adopt Ordinance No. 6 378 Background Summary:Attached is proposed budget amendment #5 for your r eview. This budget amendment makes final changes to the 2011 budget as follows: Recognize revenue and grant funding received and pu blic employee pension contribution rate adjustments. Approval of this budget amendment will reduce the 2 011 budget, as amended, by $128,480 to $273,287,907. Details of this amendment is included in the attach ed staff memorandum. Reviewed by Council Committees:Finance, Municipal Services, Planning And Community Development, Public Works Councilmember:Backus Staff:Coleman Meeting Date:November 7, 2011 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINED DI.B Interoffice Memorandum T o: City Council From: Shelley Coleman, Finance Director CC: Pete Lewis, Mayor Date: November 7, 2011 Re: 2011 Budget Amendment #5 Attached is proposed budget amendment #5 for your rev iew. This budget amendment makes final changes to the 2011 budget as follows: ™ Recognize revenues and grant funding received . Changes include: o Solid Waste revenues . 2011 revenues for the Solid Was te F und are adjusted consistent with the revised rates per the Council adopted June 2011 rate study. o Planning Department EPA grant for assessment of wet land mitigation sites in 2011 (per City resolution #4536) o Planning Department Housing and Community Developmen t Association Grant funding to assist Auburn Youth Resources in property acquisiti on for Teen drop-in program. o Police Department federal Edward Byrne grants for o vertime and emergency management in 2011 ™ Recognize public employee pension contribution rate adjustments. o The State recently announced changes to the contri bution rates, with rates for employers increasing from 5.31% to 7.07% effective July 1, 201 1 and a second change from 7.07% to 7.25% effective September 1, 2011. Approval of this budget amendment will increase the 2011 budget, as amended by -$128,480 to $273 ,287,907 . Details of this amendment is included in Schedul e A attached. Attachments: ™ 1 . Proposed Ordinance #6378 (budget adjustment #5 ) ™ 2 . Summary of proposed 2011 budget adjustments by fund a nd department (Schedule A) DI.B ------------------------- Ordinance No. 6378 November 7, 2011 Page 1 of 3 ORDINANCE NO. 6378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6339, THE 20 11 -20 12 BIENNIAL BUDGET ORDINANCE AS AMENDED BY ORDINANCE NO. 6 351 , ORDINANCE NO. 6352, ORDINANCE NO. 6362 AND ORDINANCE 6370 AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 20 11 -20 12 %8'*(7$66(7)257+,16&+('8/(³$´ WHEREAS, the Auburn City Council at its regular meeting of December 6 , 20 10 , adopted Ordinance No. 6339 which adopted the City of Auburn 20 11 -20 12 Biennial budget; and WH EREAS, the Auburn City Council at its regular meeting o f February 22, 2011, adopted Ordinance No. 6351 which amended Ordinance No. 6339 which adopted the City of Auburn 20 11 -201 2 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of April 4, 2011, adopted Ordinance No. 6352 which amended Ordinance No. 6351; and WHEREAS, the Auburn City Council at its regular meeting of July 18, 2011, adopted Ordinance No. 6362 which amended Ordinance No. 6352; and WHEREAS, the Auburn City Council at its regular meeting of September 6, 2011 adopted Ordinance No. 6370 which amended Ordinance 6362; and WHEREAS, the City of Auburn deems it necessary to appropri ate additional funds to the various funds of the 20 11 budget; and WHEREAS, this Ordinance has been approved by one more t han the majority of all councilpersons in accordance with RCW 35A.34 .2 00. DI.B ------------------------- Ordinance No. 6378 November 7, 2011 Page 2 of 3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment of the 20 11 -20 12 Biennial Budget. The 20 11 -2012 Biennial Budget of the City of Auburn is amende d pursuant to Chapter 35A.34 5&:WRUHIOHFWWKHUHYHQXHVDQGH[SHQGLWXUHVDVVKRZQRQ6 FKHGXOH³$´DWWDFKHGhereto and incorporated herein by reference. The Mayor of the City of Auburn, Washington is hereby authorized to utilize revenue and e xpenditure amounts VKRZQRQVDLG6FKHGXOH³$´$FRS\RIVDLG6FKHGXOH³$´LVRQIL OHZLWKWKH&LW\Clerk and available for public inspection. Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the appl ication thereof to other person or circumstance shall not be affected. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DI.B ------------------------- Ordinance No. 6378 November 7, 2011 Page 3 of 3 INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ PETER B. LEWIS, MAYOR ATTEST: ____________________________ Danielle E. Daskam City Clerk APPROVED AS TO FORM: ____________________________ Daniel B. Heid City Attorney PUBLISHED:__________________ DI.B General Fund (#001) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance General Fund Adopted Budget 11,763,355 49,863,903 55,139,320 6,487,938 BA#1 (Adopted; ordinance #6351)- 46,000 135,360 (89,360) BA#2 (Adopted; ordinance #6352)650,000 195,270 620,080 225,190 BA#3 (Adopted; ordinance #6362)2,968,999 46,441 24,580 2,990,860 BA#4 (Adopted; ordinance #6370)- (61,000) (38,330) (22,670) BA#5 (Proposed)Planning Direct Federal Grant -Carry forward EPA grant for assessment of active wetland mitigation sites per res. 4536 31,300 31,300 - Police Federal Grant - Edward Byrne; fund Police overtime 33,630 33,630 - Indirect Federal Grant -Emergency Management Performance Grant 4,560 4,560 - Parks Insurance Recoveries related to Auburn theater equipment replaceme nt 5,500 5,500 Minor equipment for theater funded by insurance recovery proceeds 5,500 (5,500) State Employer Pension Rate Increase effective 7/01/11 Mayor/Council 3,350 (3,350) Human Resources 11,960 (11,960) Finance 2,640 (2,640) City Attorney 5,170 (5,170) Planning 9,950 (9,950) Police 8,820 (8,820) Public Works 20,050 (20,050) Parks 15,590 (15,590) Streets 500 (500) Changes to meet GASB 54 Requirements - Record MVFT revenues directly to Fund 102 Reduce MVFT revenue - to be recorded in Fund 102 & Fund 120 (537,100) (537,100) Reduce Trsfr Out of Motor Vehicle Fuel Tax to Fund 102 (530,000) 530,000 Reduce Trsfr Out of Motor Vehicle Fuel Tax to Fund 120 (7,100) 7,100 BA#5 Total - (462,110) (384,080) (78,030) Revised Budget 15,382,354 49,628,504 55,496,930 9,513,928 Total Resources / Expenditures 65,010,858 65,010,858 Schedule A Summary of Budget Adjustments by Fund Budget Amendment # 5 Ordinance 6378 DI.B Arterial Street Fund (#102) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 383,118 13,210,200 13,328,300 265,018 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)736,300 1,842,200 2,608,500 (30,000) BA#3 (Adopted; ordinance #6362)647,926 578,330 618,330 607,926 BA#4 (Adopted; ordinance #6370)- - - - BA#5 (proposed)Changes to meet GASB 54 Requirements - Record MVFT revenues directly to Fund 102 Reduce Trsfr In of Motor Vehicle Fuel Tax from Gen Fund (530,000) - (530,000) Recognize Motor Vehicle Fuel Tax revenue 530,000 530,000 BA#5 Total - - - - Revised Budget 1,767,344 15,630,730 16,555,130 842,944 Total Resources / Expenditures 17,398,074 17,398,074 Local Street Fund (#103) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 940,806 2,155,000 2,000,000 1,095,806 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)400,000 - 398,216 1,784 BA#3 (Adopted; ordinance #6362)721,769 - 1,000,000 (278,231) BA#4 (Adopted; ordinance #6370)- - - - BA#5 (proposed)Employer Pension Rate Increase effective 7/01/11 - - 824 (824) BA#5 Total - - 824 (824) Revised Budget 2,062,575 2,155,000 3,399,040 818,535 Total Resources / Expenditures 4,217,575 4,217,575 Housing and Community Development Grant Fund (#119) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 99,286 510,000 542,410 66,876 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)- - (1,480) 1,480 BA#3 (Adopted; ordinance #6362)(55,987) (55,987) BA#4 (Adopted; ordinance #6370)- - - - BA#5 (proposed)Recognize receipt of HCDA grant funding for Auburn Youth Re sources Increase budgeted grant funding 140,400 140,400 Increase expense budget for property acquisition - - 140,400 (140,400) BA#5 Total - 140,400 140,400 - Revised Budget 43,299 650,400 681,330 12,369 Total Resources / Expenditures 693,699 693,699 DI.B Recreation Trails Fund (#120) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 8,177 7,200 - 15,377 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)- - - - BA#3 (Adopted; ordinance #6362)17 - - 17 BA#4 (Adopted; ordinance #6370)- - - - BA#5 (proposed)Changes to meet GASB 54 Requirements - Record MVFT revenues directly to Fund 102 Reduce Trsfr In of Motor Vehicle Fuel Tax from Gen. Fund (7,100) (7,100) Budget Motor Vehicle Fuel Tax revenue 7,100 7,100 BA#5 Total - - - - Revised Budget 8,194 7,200 - 15,394 Total Resources / Expenditures 15,394 15,394 Business Improvement Area Fund (#121) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 44,396 53,100 54,000 43,496 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)512 (9,248) 26,000 (34,736) BA#3 (Adopted; ordinance #6362)(91) - - (91) BA#4 (Adopted; ordinance #6370)- - - - BA#5 (proposed)Increase operating budget for higher than anticipated expe nses - - 5,000 (5,000) BA#5 Total - - 5,000 (5,000) Revised Budget 44,817 43,852 85,000 3,669 Total Resources / Expenditures 88,669 88,669 Cumulative Reserve Fund (#122) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 5,623,464 23,000 44,900 5,601,564 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)78,450 - 78,450 - BA#3 (Adopted; ordinance #6362)30,118 - 400,000 (369,882) BA#4 (Adopted; ordinance #6370)- - - - BA#5 (proposed)Transfer Out to Cemetery Fund to support cash flow needs - - 200,000 (200,000) BA#5 Total - - 200,000 (200,000) Revised Budget 5,732,032 23,000 723,350 5,031,682 Total Resources / Expenditures 5,755,032 5,755,032 DI.B Mitigation Fees Fund (#124) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 3,444,973 900,000 2,679,200 1,665,773 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)601,170 - 601,170 - BA#3 (Adopted; ordinance #6362)290,693 - - 290,693 BA#4 (Adopted; ordinance #6370)- - - - BA#5 (proposed)Increase expenses to reflect higher Fire Impact & Mitigation coll ections (used for Station #34 construction)- - 212,300 (212,300) BA#5 Total - - 212,300 (212,300) Revised Budget 4,336,836 900,000 3,492,670 1,744,166 Total Resources / Expenditures 5,236,836 5,236,836 Municipal Park Construction Fund (#321) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 374,368 19,089,200 19,261,700 201,868 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)219,120 2,225,280 2,444,400 - BA#3 (Adopted; ordinance #6362)(246,405) 130,000 - (116,405) BA#4 (Adopted; ordinance #6370)- - - - BA#5 (proposed)Federal Grant funding for Game Farm Soccer Field lighting 83,200 83,200 BA#5 Total - 83,200 - 83,200 Revised Budget 347,083 21,527,680 21,706,100 168,663 Total Resources / Expenditures 21,874,763 21,874,763 Water Fund (#430) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 19,168,199 10,918,400 27,509,320 2,577,279 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)2,113,700 - 2,081,270 32,430 BA#3 (Adopted; ordinance #6362)324,168 209,000 47,580 485,588 BA#4 (Adopted; ordinance #6370)- - (30,320) 30,320 BA#5 (proposed)Reduce Estimated Water Sales revenue due to lower usage (1,180,900) (1,180,900) Recognize water billing adjustment 600,000 600,000 Employer Pension Rate Increase effective 7/01/11 23,140 (23,140) BA#5 Total - (580,900) 23,140 (604,040) Revised Budget 21,606,067 10,546,500 29,630,990 2,521,577 Total Resources / Expenditures 32,152,567 32,152,567 DI.B Sewer Fund (#431) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 10,818,244 17,956,300 25,602,100 3,172,444 BA#1 (Adopted; ordinance #6351)- - 37,000 (37,000) BA#2 (Adopted; ordinance #6352)2,156,900 - 2,123,810 33,090 BA#3 (Adopted; ordinance #6362)3,046,835 104,900 53,570 3,098,165 BA#4 (Adopted; ordinance #6370)- - (30,320) 30,320 BA#5 (proposed)Recognize grant funding for January 2011 storm Indirect Federal Grant 34,400 - 34,400 State Grant 5,600 - 5,600 Grant funded expenses 40,000 (40,000) Employer Pension Rate Increase effective 7/01/11 13,000 (13,000) BA#5 Total - 40,000 53,000 (13,000) Revised Budget 16,021,979 18,101,200 27,839,160 6,284,019 Total Resources / Expenditures 34,123,179 34,123,179 Storm Drainage Fund (#432) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 7,695,982 7,213,700 13,066,950 1,842,732 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)1,304,260 - 1,264,410 39,850 BA#3 (Adopted; ordinance #6362)795,296 60,800 57,800 798,296 BA#4 (Adopted; ordinance #6370)- - (31,910) 31,910 BA#5 (proposed)Employer Pension Rate Increase effective 7/01/11 22,080 (22,080) BA#5 Total - - 22,080 (22,080) Revised Budget 9,795,538 7,274,500 14,379,330 2,690,708 Total Resources / Expenditures 17,070,038 17,070,038 Solid Waste Fund (#434) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 800,406 9,513,800 9,883,470 430,736 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)- - (8,990) 8,990 BA#3 (Adopted; ordinance #6362)(24,716) 16,230 16,230 (24,716) BA#4 (Adopted; ordinance #6370)- - 1,600 (1,600) BA#5 (proposed)Adjust fund revenues and expenses per June 2011 rate study Increase solid waste service revenues 450,930 450,930 Adjust est. Waste Management fees 475,340 (475,340) Employer Pension Rate Increase effective 7/01/11 - - 2,310 (2,310) BA#5 Total - 450,930 477,650 (26,720) Revised Budget 775,690 9,980,960 10,369,960 386,690 Total Resources / Expenditures 10,756,650 10,756,650 DI.B Cemetery Fund (#436) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 300,328 924,800 1,078,930 146,198 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)- - (9,080) 9,080 BA#3 (Adopted; ordinance #6362)(176,199) - (28,500) (147,699) BA#4 (Adopted; ordinance #6370)- - 950 (950) BA#5 (proposed)Transfer In from Cumulative Reserve Fund to meet cash flow needs 200,000 200,000 - - - BA#5 Total - 200,000 - 200,000 Revised Budget 124,129 1,124,800 1,042,300 206,629 Total Resources / Expenditures 1,248,929 1,248,929 Golf Course Fund (#437) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 228,668 1,806,200 1,939,380 95,488 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)- - (10,840) 10,840 BA#3 (Adopted; ordinance #6362)(224,916) 400,000 - 175,084 BA#4 (Adopted; ordinance #6370)- (82,000) (82,000) - BA#5 (proposed)Employer Pension Rate Increase effective 7/01/11 3,190 (3,190) Carry forward 2010 principal & interest payment of Interfund l oan (to be paid in 2011)- - 39,600 (39,600) BA#5 Total - - 42,790 (42,790) Revised Budget 3,752 2,124,200 1,889,330 238,622 Total Resources / Expenditures 2,127,952 2,127,952 Facilities Fund (#505) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 307,539 3,999,300 3,960,400 346,439 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)30,000 26,790 61,110 (4,320) BA#3 (Adopted; ordinance #6362)377,405 34,000 (43,000) 454,405 BA#4 (Adopted; ordinance #6370)- (105,300) (105,300) - BA#5 (proposed)- - - - BA#5 Total - - - - Revised Budget 714,944 3,954,790 3,873,210 796,524 Total Resources / Expenditures 4,669,734 4,669,734 DI.B Information Services Fund (#518) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 3,546,577 4,271,670 5,720,450 2,097,797 BA#1 (Adopted; ordinance #6351)- 5,500 5,500 - BA#2 (Adopted; ordinance #6352)108,000 217,000 302,080 22,920 BA#3 (Adopted; ordinance #6362)295,216 6,400 43,300 258,316 BA#4 (Adopted; ordinance #6370)- 24,000 18,400 5,600 BA#5 (proposed)Employer Pension Rate Increase effective 7/01/11 - - 8,840 (8,840) BA#5 Total - - 8,840 (8,840) Revised Budget 3,949,793 4,524,570 6,098,570 2,375,793 Total Resources / Expenditures 8,474,363 8,474,363 Equipment Rental Fund (#550) Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 4,857,654 2,827,100 4,825,800 2,858,954 BA#1 (Adopted; ordinance #6351)- - - - BA#2 (Adopted; ordinance #6352)151,600 - 144,070 7,530 BA#3 (Adopted; ordinance #6362)816,941 - 20,000 796,941 BA#4 (Adopted; ordinance #6370)- - 640 (640) BA#5 (proposed)Employer Pension Rate Increase effective 7/01/11 - - 1,800 (1,800) BA#5 Total - - 1,800 (1,800) Revised Budget 5,826,195 2,827,100 4,992,310 3,660,985 Total Resources / Expenditures 8,653,295 8,653,295 Grand Total - All Funds Beg. Fund Balance 2011 Revenues 2011 Expenditures Ending Fund Balance Adopted Budget 88,306,158 154,702,653 203,375,808 39,633,003 BA#1 (Adopted; ordinance #6351)- 51,500 177,860 (126,360) BA#2 (Adopted; ordinance #6352)11,357,642 5,741,642 16,784,946 314,338 BA#3 (Adopted; ordinance #6362)10,454,281 3,026,811 2,374,861 11,106,231 BA#4 (Adopted; ordinance #6370)- (224,300) (190,650) (33,650) BA#5 (proposed)- (128,480) 803,744 (932,224) Revised Budget 110,118,081 163,169,826 223,326,569 49,961,338 Total Resources / Expenditures 273,287,907 273,287,907 DI.B AGENDA BILL APPROVAL FORM Agenda Subject: Utility Depreciation Funding Date: October 31, 2011 Department: Finance Attachments: Utility Financial Update Budget Impact: $0 Administrative Recommendation:Background Summary:See attahed. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Coleman Meeting Date:November 7, 2011 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINED DI.C DI.C DI.C DI.C DI.C DI.C DI.C DI.C AGENDA BILL APPROVAL FORM Agenda Subject: Capital Project Status Report Date: November 2, 2011 Department: Public Works Attachments: Capital Project Status Report Budget Impact: $0 Administrative Recommendation:Background Summary:See attached report. Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Gaub Meeting Date:November 7, 2011 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINED DI.D Date: November 2, 2011 Pr iority Total Group Art. St.Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (1-3)(102/105)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status 1 C507B Auburn / Pacific Trail Phase 2:Striping of a bike path along Skinner Road and 3rd Ave SE in Pacific. This phase will be completed with a City of Pacific Federal Grant.26,890 109,300 (Fed Grant)45,770 (Pacific) 181,960 149,810 100%Mar-11100%Sep-11Dunsdon Work is complete, WSDOT Review complete, and final payment is in process.2 CP1010 2010 Storm Drainage Repair/ Replacement:This project will remove sediment from Airport Ponds F and G, the ponds and Bioswale on Riverwalk Drive, and repair a damaged culvert crossing at SE 312th St. and 125th Ave SE.412,000 412,000 222,500 100%Aug-10100%Oct-11Lee Final Payment is in process.3 CP0756 Lea Hill Pump Sta. Decommissioning Phase 2:Phase 2 includes the decommissioning of 2 pump stations that will no longer be required due to the installation of a new pump station in the Verdana development, as well as finishing the work from Phase 1.689,305 16,743 706,048 521,534 100%May-11100%Dec-11Sweeting Final Payment is in process.4 CP1004 South Auburn ITS Expansion Project:This project will provide new ITS infrastructure to connect 15th St. SW, C St. SW, A St. SE, 6th St. SE, and 41st St. SE adding approximately 14 signals to the existing system and cameras for three heavily congested corridors.110,000 $693,401 (Federal)$31,800 (IS) 835,201 835,201 100%Feb-1199%Nov-11Sweeting Work is nearly complete, troubleshooting the wireless connection on A Street SE between 17th and 6th Streets.5 CP1117 2011 Arterial and Collector Crackseal Project:This project will complete cracksealing on collector and arterial roadways throughout the City.140,000 140,000 140,000 100%Aug-1190%Nov-11Wickstrom Work is underway, but is weather depandent.6 CP1102 2011 Arterial Preservation Project:This project will perform pavement patching on 6 miles of arterial/collector street including the following:West Valley highway - 37th NW to S 287th Terrace Dr. NW - 56th Ave S to R St NW 4th St NE - AWN to K St NE E Main St - AWN to M St NE Lea Hill Road - 8th St NE to 124th Ave SE SE 304th /104th Ave SE - Lea Hill Road to 120th Ave SE 1,300,000 1,300,000 1,300,000 100%Jul-1186%Nov-11WickstromWork is underway.7 CP0817 2009 Sewer & Storm Pump Station Replacement - Phase C, White River:This project will complete maintenance and repairs at the White River storm pump station.2,801,200 2,801,200 2,375,100 100%Nov-1084%Nov-11Sweeting Project is in suspension, waiting on materials.8 CP0817 2009 Sewer & Storm Pump Station Replacement - Phase B, Ellingson:This project will replace the Ellingson sewer pump station.3,332,410 3,332,410 2,745,437 100%Oct-1080%Feb-12SweetingWork is underway.9 CP1006 Lakeland Hills Reservoir 6:This project will complete the construction of a new reservoir serving the Lakeland Hills Service Area on Francis Ct. SE 3,030,000 3,030,000 2,600,000 100%Mar-1177%Jan-12DunsdonCoating work is underway.10 CP0803 37th St SE / R St SE Ped. Connector:Project consists of constructing a walking path/trail along 37th St SE alignment from Olympic St SE to R St SE.92,419 124,300 (State Grant) 216,719 197,708 100%Jul-1175%Dec-11DunsdonWork is underway.11 C410A S. 277th Wetland Mitigation Monitoring:This project is an annual project to complete the requirement monitoring and maintenance of the wetland mitigation sites for the S. 277th Grade Separation Project. Sites are located on the North geodecke property and at the corner of 44th St NW and Frontage Road. Permits require the City to monitor the sites for 10 years.102,400 102,400 116,400 100%Apr-1170%Nov-11DunsdonWork is underway.CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction Page 1 of 6 DI.D Date: November 2, 2011 Pr iority Total Group Art. St.Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (1-3)(102/105)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 12 CP0916 West Valley Highway - SR18 to W. Main:This project will reconstruct WVH between SR18 and W. Main, including signal improvements at W. Main.705,000 800,000 2,256,885 (TIB Grant)83,710 (124 Fund) 3,845,595 3,845,595 100%Jul-1166%Feb-12Sweeting Road Opened 10/19. Work is in suspension due to material procurement for the signal. It is anticipated that work will resume Jan. 2012.13 CP0909 Lakeland Hills Booster Pump Station:This project will update/replace the existing pump station in the Lakeland Hills water service area in order to meet fire flow demands.2,980,000 2,980,000 2,980,000 100%Oct-1062%Mar-12VondrakWork is underway.14 CP1005 South Division St. Promenade Project:The project includes the development of a comprehensive promenade on Division St. from Main St to 3rd St SE/SW. Improvements include upgrades to all utilities and new roadway corridor treatments. 3,000,000 (EDA)5,200,000 (LRF Bonds) 8,200,000 6,049,541 100%Mar-1158%Feb-12Vondrak Work is underway. 1st St. intersection is open. 2nd St. intersection to remain closed to late November, weather dependant. 15 C207A 'A' Street NW Corridor - Phase 1:This project will complete the design and permitting efforts associated with the arterial street corridor ‘A’ Street NW from 14th Street NW south to 3rd Street NW. 1,202,545 (102 and TIF) 406,000 6,580,709 (Fed Grants)1,285,170 (Developer In-Kind)430,855 (Developer) 9,905,279 9,732,186 100%May-1130%Dec-12Gaub Pre-load is complete. Roadway connection from 3rd to 5th to be completed in 2011, weather permitting. Roadway connection from the existing roadway to 14th St NW and along 10th Street NW will be completed in 2012 due to pre-load requirements.16 C524A SCADA System Improvement:This project will upgrade the City's SCADA system to meet Public Works goals.2,666,200 1,994,500 1,014,000 5,674,700 4,998,512 100%Nov-0917%Dec-12Lee Implementation Contract executed. Preliminary Design Complete. Final design is underway and is approximately 50% complete.17 CP1109 2011 Storm Pipeline Repair and Replacement, Phase 1:This project will construct storm drainage repairs and improvements on academy drive Se, 37th Street NW, and 36th Street NE 232,400 232,400 219,090 100%Sep-111%Nov-11LeeWork is undeway.18 CP1116 Downtown Pedestrian Lighting Replacement:This project will replace the existing teal lights that have reached the end of their service life with lights meeting the current downtown standards 485,000 (LRF Bond) 485,000 485,000 100%Sep-110%Feb-12Vondrak Material procurement in process. Work anticipated to begin Jan. 2012.19 C201A M Street Underpass (Grade Separation):The purpose of this project is to grade separate ‘M’ Street SE from the Burlington Northern Santa Fe Stampede Pass Rail line in Phase 1 and completion of the Auburn Black Diamond Road Bypass connection is a future phase.15,166,560 150,000 872,372 (Fed Grant)6,000,000 (FMSIB)1,534,479 (King Cty)1,542,800 (Ports)478,000 (BNSF)1,140,000 (REET2)6,226,963 (PWTF) 23,111,174 23,111,174 100%Dec-11Dec-13Sweeting Design, NEPA Approval, ROW Acquisition and Relocation are all complete. Bid Documents being finalized and Construction anticipated to begin Feb. 2012. The Bypass Road has been separated from the Grade Separation as a 2nd Phase. TIB Grant application submitted 8/30/11. 20 CP0909 Academy Booster Pump Station:This project will update/replace the existing pump station in the Academy water service area in order to meet fire flow demands.13,041,031 3,041,031 3,022,500 96%Nov-11Dec-12Vondrak Consultant work is underway.Page 2 of 6 DI.D Date: November 2, 2011 Pr iority Total Group Art. St.Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (1-3)(102/105)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 21 CP1103 132nd Ave SE Tacoma Pipeline 5 Intertie: This project includes design and construction of infrastructure on 132nd Ave SE and the Tacoma Pipeline 5 for the purchase of water from adjacent purveyors.1993,000 993,000 967,500 75%Feb-12Dec-12DunsdonDesign work underway.22 CP0915 Well 1 Improvements:This project will rehabilitate or replace Well 1 so that it can function at full capacity.12,908,944 250,000 3,158,944 3,158,994 47%Jan-12Dec-12Lee Preliminary analysis report complete. Design work underway.23 CP1109 2011 Storm Pipeline Repair and Replacement, Phase 2:This project will construct storm drainage improvements on Hi-Crest Drive NW 1 165,000 165,000 178,310 30%Mar-12Aug-12LeeDesign work underway.24 CP1112 2011 Sidewalk Improvement Project:This project will complete repairs and replacement of existing sidewalks at various locations within the City.1180,000 180,000 180,000 5%Dec-11Mar-12WickstromDesign work underway.25 CPXXXX Lea Hill Safe Routes to Schools Improvements:This project will complete improvements for safe walking routes to Hazelwood Elem., Lea Hill elem., and Rainer Middle School along 116th Ave. SE and SE 312 St., 1 398,500 (Federal)21,597 (ASD) 420,097 420,097 0%Apr-12Aug-12Dunsdon Grant Obligation is in process.26 CP1118 Auburn Way South Pedestrian Improvements - Dogwood to Fir Street:This project will construct a new street lighting system, landscaped median island, a designated mid-0block crosswalk, relocation of existing utility poles, and modifications to the existing signal at Dogwood St. This project also includes a public education element for pedestrian safety.1100,000 740,830 (State)100,000 (Federal) 940,860 940,860 0%Apr-13Oct-13Dunsdon Grant Obligation is in process.27 CP1119 Auburn Way South Corridor Improvements - Fir St. SE to Hemlock St. SE:This project will widen AWS between Fir and Hemlock Streets from 3 lanes to 5 lanes and includes new sidewalks, street lighting, transit improvements and install a new signal at Hemlock St.1 2,426,400 (TIB)606,600 (MIT) 3,033,000 3,033,000 0%Apr-13Oct-13Dunsdon Consultant Selection process underway.28 CP1108 2011/12 Citywide Storm Pond Cleaning:This project will complete the removal of sediment from 8 storm drainage ponds located throughout the City.2 417,600 417,600 417,600 90%Mar-12Sep-12Lee Contract documents are being finalized.29 CP0765 Lakeland Hills Reservoir Improvement:This project will provide various improvements at the reservoir, including painting, seismic upgrades, and facility modifications.2400,000 400,000 400,000 75%Apr-12Oct-12Vondrak Bid documents complete. Project is dependent upon completion of Reservoir 6 improvement.Page 3 of 6 DI.D Date: November 2, 2011 Pr iority Total Group Art. St.Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (1-3)(102/105)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 30 CP1024 AWS and M Street SE Intersection Improvements:This project will construct improvements at the intersection to address capacity and safety concerns.275,000 75,000 975,000 10%Jun-12Jun-13Lee AWS/M St. SE - Installed protected left turn for east/west bound traffic on AWS turning onto M St. SE (Completed)17th/M St. SE - restrict left turn movements from 17th to M. Public Notice in process, installation after notices complete.AWS/M St. SE Pre-Design - determine the ultimate configuration and footprint of the intersection, including addressing the westbound AWS to northbound M St. SE turning movement, access control, and bike accommodations for crossing AWS. Costs being developed based on PWC preferred options.31 CP0906 2009 Gateway Project:This project will construct a new gateway sign at East Valley Highway and Lake Tapps Parkway.3 100,000 (Gen Fund) 100,000 100,000 30%HoldHoldLee Easement acquisition completed. Project on hold.32 CP0624 Well 5 Upgrade:This project will construct a new well facility including emergency generator and disinfection capability.3 751,900 751,900 751,900 0%Jan-11Dec-11Lee Consultant scoping in process.33 C512A Well 4 Improvements:This project will construct a new building to house a standby generator, disinfection equipment, and restroom facilities for staff.3630,000 630,000 630,000 0%Mar-12Dec-12Dunsdon Consultant scoping in process. Work being coordinated w/ Facilities Generator Project.34 C229A BNSF/EVH Pedestrian Undercrossing:This project will construct a pedestrian undercrossing of both East Valley Highway (A St SE) and the BNSF rail tracks just north of the White River.3 385,000 (State) 385,000 9,000,000 60%HoldHoldDunsdon Final design on hold pending BNSF issues. Additional funds will be required to complete design, environmental permitting, and construction. TOTAL9,2 00,814 17,957,075 6,016,215 6,108,943 42,900,471 82,183,518 86,800,549 Page 4 of 6 DI.D Date: November 2, 2011 Total SOS Water Sewer Storm Other Total Estimated Design Adv.Const.Finish Project No.Proj. No.Location/Description (103)(430)(431)(432)Funds Budget Cost %Date %Date Manager Status Wickstrom 2011 Program approved by Council Committee.35 CP1101 2011 Local Street Pavement Preservation - Phase 1:This project will rehabilitate and rebuild deficient pavement on local streets in and around the City's downtown area. This Phase 1 project includes the patching and overlay of concrete and asphalt streets.1,800,000 - - - - 1,800,000 1,783 ,603 100%Jun-1198%Nov-11Wickstrom Work is underway, chip seals and paving are complete. Restoration and striping work in process.36 CP11##2011 Local Street Pavement Preservation - Phase 2:This project will rehabilitate and rebuild deficient pavement on local streets in and around the City's downtown area. This Phase 2 project includes the reconstruction of 6th Pl NE off of 6th St, 2nd St. NE between R St and O St, H St SE between 2nd St. and 4th St., and G/3rd St SW between Main and E St, including utility improvements within these streets.850,000 450,000 - 4 25,000 - 1,725,000 1,725,000 90%Nov-11Jul-12WickstromDesign work is underway.2,650,000 450,000 - 425,000 - 3,525,000 3,508,603 TOTAL SOS PROGRAM 2011 & 20122,650,000 450,000 - 425,000 - 3,525,000 3,508,603 Design Construction 2011 SOS Program: This project will complete pavement preservation of local streets through a combination of contracts.2011 SOS Program Subtotals SOS PROGRAM STATUS REPORT Project Budget ($)Page 5 of 6 DI.D Date: November 2, 2011 Total Total Design Adv.Const.Finish Staff Action No.Proj.#Location/Description Budget Estimated Cost %Date %Date Manager Committee Status A CP0922 City Hall Plaza Improvements:The project includes the renovation of the City Hall Plaza a rea, including landscaping, water features, and various surface treatments. Thi s includes the expanded Plaza on the Marvel site.2,352,648 $ 2,321,627 $ 100%Aug-10100%Jun-11ChamberlainDRC Final Pay is in process. Funding is approximately 1.66M in LRF Bonding and 0.69M in 328 funding.B CP1115 NW City Hall Plaza Improvements:This project will renovate the NW entrance to City Hall simil ar to the recent improvements on the south side of City Hall. Work w ill include new pavement, updated lighting, ADA Ramp upgrades and new City Hall signage.475,977 $ 458,570 $ 20%Dec-11May-12ChamberlainDRCConsultant work is u nderway C MS1110 Jacobsen Tree Farm and Fields Residential Buildings Demolition:This project will demolish the existing buildings located on the Jacobsen Tree Farm and on the Fields properties.142,000 $ 113,267 $ 100%Oct-11Jan-12DunsdonMSCAward is in process.D CP1016 Fenster Levee Project:This project will complete new levee improvements on the Fenste r Levee along the Green River.539,100 $ 539,100 $ 60%N/ADec-12AndersenPCDC Work will be completed by King County. Funding is from a Grant and matching storm funds.E MS1003 Airport Storm Water Inventory/Survey:This is a survey to complete a composite drawing and as-built information related to the Airport's storm drainage system.148,235 $ 148,235 $ N/AN/AApr-11GarciaMSC Report is completed and PWC briefed 4/18/11. Analysis of needed improvements is underway.F MS0802 Airport Re-Roof:This project will complete roof improvement to the Airport build ings as needed.200,000 $ 200,000 $ 100%Jan-11TBDBurkeMSC Bids Rejected because they were 50% over the City's estimate. New product being tried in place of roof replacement.OTHER PROJECTS - ACTION BY OTHER COMMITTEES Page 6 of 6 DI.D