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HomeMy WebLinkAbout05-07-2012 Council Agenda Packet City Council Meeting May 7, 2012 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1. 2012 Law Enforcement Officer of the Year Mayor Lewis to announce Officer Andrew Gould as the VFW Washington State Law Enforcement Officer of the Year. Presentation of award will be made by VFW Post 1741 Bill Peloza, Commander. D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is scheduled for this evening. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. April 23, 2012 Minutes* (Peloza) B.Planning & Community Development 1. April 23, 2012 Minutes* (Backus) C.Public Works 1. April 16, 2012 Minutes* (Wagner) D.Finance 1. April 16, 2012 Minutes* (Partridge) Page 1 of 116 E.Les Gove Community Campus F.Council Operations Committee IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the April 16, 2012 Regular Meeting* B. Claims Vouchers (Partridge/Coleman) Claims check numbers 412962 through voucher 413461 in the amount of $1,683,602.81 dated the 7th day of May 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 532849 through 532886 in the amount of $271,812.99 electronic deposit transmissions in the amount of $1,202,024.25 for a grand total of $1,473,837.24 for the period covering April 12, 2012 to May 2, 2012. D. Horsley Leak Adjustment Appeal* (Wagner/Coleman) City Council approve an additional water utility adjustment to account number 28039, for Bob and Gloria Horsley, in the amount of $940.98. E. Public Works Project No. CP0817* (Wagner/Dowdy) City Council approve Change Order No. 2 to Contract No. 10-15 in the amount of $10,737.18 for work on Project No. CP0817, 2009 Sewer and Storm Station Replacement - Phase B - Ellingson Sewer Station F. Public Works Project No. CP0916* (Wagner/Dowdy) City Council approve Change Order No. 3 in the amount of $153,452.15 to Contract No. 11-11 for Work on Project No. CP0916, West Valley Highway Improvements G. Public Works Project No. CP1118* (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-421 with CH2M Hill for Engineering and Construction Services for Project No. CP1118, Auburn Way South Pedestrian Improvements, Dogwood St SE to Fir St SE H. Public Works Project No. CP1119* (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-422 with CH2M Hill for Engineering and Construction Services for Project No. CP1119, Auburn Way South Corridor Improvements, Fir St SE to Hemlock St SE (ACTION REQUESTED: City Council approve the Consent Agenda.) V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.ORDINANCES Page 2 of 116 A. Ordinance No. 6401* (Wagner/Coleman/Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, amending sections 13.06.360, 13.20.440 And 13.48.100 of the Auburn City Code relating to utility rates (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6401.) VIII.RESOLUTIONS A. Resolution No. 4811* (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the State of Washington, Military Department in an amount not to exceed eighty seven and one half percent (87.5%) of eligible expenditures as reimbursement from the Federal Emergency Management Agency and the State of Washington for expenses incurred by the City of Auburn during the January 2012 storm event (ACTION REQUSTED: City Council adopt Resolution 4811.) B. Resolution No. 4812* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement with the City of Sumner to design and construct the East Valley Highway Resurfacing Project (ACTION REQUESTED: City Council adopt Resolution 4812.) IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor X.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 3 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: April 23, 2012 Minutes Date: May 3, 2012 Department: Administration Attachments: April 23, 2012 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:May 7, 2012 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 4 of 116 Municipal Services Committee April 23, 2012 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 W. Main, Auburn, WA. A. Roll Call Members present: Chair Peloza, Vice Chair Osborne, Member Wales. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant Chief of Police Bob Karnofski, Finance Director Shelley Coleman, Parks, Arts & Recreation Director Daryl Faber, Planning & Development Director Kevin Snyder, Human Resources/Risk Management Director Brenda Heineman, City Attorney Dan Heid, Public Works/Engineering Director Dennis Dowdy, Municipal Court Judge Patrick Burns, Court Administrator Gail Cannon, Probation Manager Greg Bockh, Emergency Preparedness Manager Sarah Miller and Community Services Manager Michael Hursh. Others present: King Co. District Court Judge Corinna Harn, King Co. Executive Office Director of Regional Initiatives Diane Carlson, King Co. Budget Manager Heather Dean, King Co. Director of Probation Services Judy Garcia, citizen Scot Pondelick and Auburn Reporter representative Robert Whale. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. Minutes April 9, 2012 Meeting Vice Chair Osborne moved to accept the Minutes as presented. Member Wales seconded the motion. MOTION PASSED: 3-0 III. ACTION A. Resolution No. 4811 (Lee) Page 1 of 4 MS.1 Page 5 of 116 A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the State of Washington, Military Department in an amount not to exceed eighty seven and one half percent (87.5%) of eligible expenditures as reimbursement from the Federal Emergency Management Agency and the State of Washington for expenses incurred by the City of Auburn during the January 2012 storm event. Vice Chair Osborne moved to forward Resolution No. 4811 to full Council for consideration. Member Wales seconded. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Animal Control/Licensing Update (Hursh) Manager Hursh provided an update to the Committee. In 2012 the City will assume full responsibility for the Pet Licensing Program and Animal Control which is currently being administered by King County. We have 19% of pets in Auburn that are licensed which is 1.5% lower than the national average. There are approximately 17,500 dogs and 20,000 cats in the City. Compared to the 1st quarter of 2011, pet licensing has increased by about 5.5% in 2012. New marketing strategies have been initiated on how to improve pet licensing which will be utilized in conjunction with existing systems and programs for reaching out to residents. Manager Hursh will email a copy of the full update to Mayor Lewis and all Council members. B. Street Median Maintenance (Faber) Director Faber provided a handout with pictures of the beautification areas - right of way landscaping and street medians - around the City. The Committee reviewed the information and discussed improvements that have been completed and are planned for the future. Director Faber stated that the beautification projects have been prioritized with current staffing levels - both full time and temporary seasonal staff - and based on season. Mayor Lewis reminded the Committee that work on the Standards for setting up future beautification areas needs to continue with guidelines completed and ready to implement by the fall of this year. It was suggested that a special meeting be conducted with Vice Chair Osborne, Member Wales and Parks staff in the next couple of weeks. Director Faber also advised that the costs to expand the flower basket program will be provided at a future meeting. C. Redlight Photo Enforcement Update (Lee) Assistant Chief of Police Karnofski reviewed the 1st quarter report on the Red Light Photo Enforcement program. The City launched the Traffic Safety and Enforcement Camera program in June of 2006. Currently, the program includes 3 intersections and 6 school zones. Surveys are regularly conducted to locate new intersections and school zones to be added in an effort to improve public safety. The report indicates that every year since 2008 the violations and infractions have Page 2 of 4 MS.1 Page 6 of 116 decreased at these intersections and school zones. In the future the Committee would like to see additional information comparing the number of infractions to the number of cases that were dismissed in court. The report shows that the Auburn PhotoSafe Program has not had a negative impact to the City in terms of cost, has shown a significant reduction in violations reported, and has had a positive impact on public safety. D. King County Proposal for Court Services (Heineman, Lee and Coleman) Director Coleman led the discussion on what it would cost the City to contract court services through King County District Court next year. It is anticipated that in 2013 the budget for court, probation and incarceration (SCORE/jail) services will surpass $10 million dollars which is approximately 18% of the City’s general fund budget for these activities. Mayor Lewis requested that staff come up with options to decrease costs. The King County District Court submitted a proposal outlining the costs and services they would provide should the City of Auburn choose to enter into an Interlocal Agreement with them. The Committee reviewed and discussed the proposal in detail with King County staff and has requested that our staff provide information on the services provided by Auburn Municipal Court. Director Heineman stated that staff is already working on this and the same scope of information will be presented, in a matrix format as Member Wales requested, at a future Municipal Services Committee meeting. E. Auburn Golf Course Financial Review (Coleman) Director Coleman provided the Committee with the 2012 first quarter operating results for the Auburn Golf Course. It appears that they are not performing as well as the same period last year; however, green fees and other revenues (i.e. cart rental fees, sale of retail merchandise, etc.) has increased. Additionally, costs are up due to the purchasing of inventory for the clubhouse and the Golf Course incurred costs due to damage from the January storms. F. Matrix The Matrix is modified to reflect the following: Item 10P - Status changed to reflect the discussion to be held at COW on 7/30/12. Item 20P - Status changed to reflect meeting held on 3/27/12. V. ADJOURNMENT The meeting adjourned at 5:34 p.m. The next meeting of the Municipal Services Committee is Monday, 5/14/12 at 3:30 p.m. Signed this _______ day of May, 2012. Page 3 of 4 MS.1 Page 7 of 116 ____________________________ ________________________________ Bill Peloza, Chair Terry Mendoza Acting Police Secretary/Scribe Page 4 of 4 MS.1 Page 8 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: April 23, 2012 Minutes Date: April 27, 2012 Department: Planning and Development Attachments: PCDC April 23,2012 Draft Minutes Budget Impact: $0 Administrative Recommendation: For information only. See attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:May 7, 2012 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 9 of 116 Planning and Community Development April 23, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of the One Main Professional Plaza, 1 East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair Partridge and Member Holman were present. Also present were Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Economic Development Manager Doug Lein, Contract Economic Development Planner William Thomas and Planning and Development Secretary Tina Kriss. Members of the public present were: Scot Pondelick. B. Announcements 1. Presentation Roger Thordarson, Chair of the Tranportation, Transit, and Trails Committee (TT & T Committee) provided an update on the Committees 2012 activities and plans. Chair Thordarson expressed his disappointment when the proposal for a Street Maintenance Utility (SMU) bond plan and the proposed ballot measure for Arterial Street Repairs (held April 17, 2012) failed given the hard work and dedication of staff, Committee, and many citizens of Auburn working to obtain financial assistance to repair and maintain the City's arterial streets. Chair Thordarson stated the Stewart Road Corridor widening project from State Route 167 to the White River Bridge is being worked on as the City of Pacific completes work near Valentine Avenue. The Lakeland Hills to Auburn Sounder Station route is very successful, ridership is high and many walk to the bus stop. Chair Thordarson encouraged Council to ask the TT & T Committee for Page 1 of 4 PCD.1 Page 10 of 116 assistance on any project should they need to do so. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - April 9, 2012 (Snyder) Vice-Chair Partridge moved and Member Holman seconded to approve the April 9, 2012 minutes as written. Motion Carried Unanimously. 3-0 III. DISCUSSION ITEMS A. Healthcare District Overlay Briefing (Snyder) Planning Director Kevin Snyder provided the Committee background information on potential establishment of a Healthcare District Overlay. Director Snyder stated in an effort to prepare Council for the upcoming retreat staff would like to discuss the Committee's thoughts on the possibility of a Healthcare District Overlay and potential extension and expansion of the geographical area. Director Snyder stated in preparing for the retreat it will be important to keep in mind as the City continues to grow, Council will want to think about a vision for the future; recognizing future growth will require patterns, approaches, and strategies. To do so it will be important to set aside immediate detail planning to think 50 years out and create a vision of the City and the City’s future (what would we have in the future if we could have anything to provide a quality future meeting the needs and desires of the community). As part of the retreat it will be the goal of Council to determine strategy areas to formulate a work plan. A Healthcare District Overlay may be one of the strategy areas selected by Council to focus on. Committee pointed out the hospital has not been engaged in a conversation about the Healthcare District Overlay. Director Snyder stated if a Healthcare District Overlay is selected by Council as a focus area the City would work to engage Hospital leadership in the discussion. Committee asked staff to provide a copy of the current land use map showing businesses within the potential Healthcare District Overlay. B. Urban Center Expansion Briefing (Chamberlain) Planning Manager Elizabeth Chamberlain provided the Committee with a briefing on the Urban Center Expansion proposal. Staff and Committee discussed expansion options and the recommendations of the Urban Core Task Force. Page 2 of 4 PCD.1 Page 11 of 116 Committee determined should they expand the downtown urban center they would not request a formal expansion but designate it as part of City’s Comprehensive Plan only. Chair Backus stated if the City wants to have something Council sets in motion, articulating, and seeing a vision now and into the future, Council will need to provide a 50 year vision for a community to build that future. Mayor Lewis stated the City could experience a population expansion of up to 120,000 in the future; as the City grows the downtown area will need to expand to meet the needs of the community, it will not remain the same size. To our long time residents, Main Street will always be identified as downtown. As the City of Seattle has grown so has their downtown. The City of Bellevue made a conscious decision to expand as a city to rival Seattle; they then built their new downtown vision. First the vision of what it would look like and what they wanted and then they made the changes accordingly. It will be important to put perceptions aside. Long time residents see Main Street as downtown. Lea Hill, West Hill, and north and south developments have no perception of what the old downtown looked like. There must be a realization as the City grows in population over a period of years changes to the downtown boundaries will need to expand to meet the needs of an expanding population for all the citizens, not just those with the perception of "old downtown". The City can honor historic Main Street but would not want to maintain historic downtown as our only downtown. It will be important to put perceptions aside in order to provide a 50 year vision; being able to see beyond the present to expand an area with anything we want. The vision serves as the framework for taking the first step for the future and helps ensure that the City of Auburn remains a place for opportunities to grow. Committee asked staff to provide the Vision 2040 from Puget Sound Regional Council. C. Director's Report (Synder) Director Snyder provided an update to Committee. The Auto Zone off A Street is set to break ground today. Next week the Auto Zone off Auburn Way North will have their grand opening. Coastal Farm and Ranch is a couple weeks behind schedule so the grand opening will be delayed to the end of May. The City is approximately forty percent ahead of where we were last year with the intake of permit applications. Page 3 of 4 PCD.1 Page 12 of 116 D. PCDC Matrix (Snyder) Committee had no questions or comments. IV. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 6:22 p.m. Page 4 of 4 PCD.1 Page 13 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: April 16, 2012 Minutes Date: May 1, 2012 Department: Public Works Attachments: April 16, 2012 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:May 7, 2012 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 14 of 116 Public Works Committee April 16, 2012 - 3:30 PM Annex Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington, 98002. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete Lewis, Director of Public Works Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Finance Director Shelley Coleman, Customer Service Manager Brenda Goodson-Moore, Planner Stuart Wagner, Planning Manager Elizabeth Chamberlain, Project Engineer Kim Truong, Street Systems Engineer Seth Wickstrom, Traffic Engineer Pablo Para, Transportation Planner/Grants Manager Chris Hankins, Storm Drainage Engineer Tim Carlaw, Public Works Secretary Jennifer Rigsby, citizens Bob and Gloria Horsley, and citizen Scot Pondelick. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes Councilmember Peloza moved and Councilmember Osborne seconded to approve the Public Works Committee Meeting minutes for April 2, 2012. Motion Carried Unanimously. 3-0. B. Public Works Project No. CP1121 (Wickstrom) Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council approve Page 1 of 11 PW.1 Page 15 of 116 Change Order No. 2 in the amount of $75,000.00 to Contract No. 11- 25 with Johansen Excavating for work on Project No. CP1121. Street Systems Engineer Wickstrom explained that the change order scope of work includes replacement of the waterline on 6th Place NE, the installation of geotextile fabric and a layer of larger rock on 3rd Street SW to help stabilize the poor soil. Chairman Wagner asked if the geotextile fabric and rock was used in other locations. Street Systems Engineer Wickstrom answered it was used on both I Street and C Street, north of Main Street, when poor soils were encountered. Street Systems Engineer Wickstrom stated that there was a smaller type of rock specified in the project originally and staff is now proposing to replace it with larger rock, so the cost will not change greatly, in response to a question asked by Chairman Wagner. Utilities Engineer Repp responded to questions asked by Member Osborne regarding flushing dead-end 8 inch waterlines. Utilities Engineer Repp explained that an 8 inch waterline is the City’s standard size and that size of line is used to meet fire flow. Motion Carried Unanimously. 3-0. C. Public Works Project No. CP1211 (Truong) Councilmember Peloza moved and Councilmember Osborne seconded to grant permission to initiate Project No. CP1211, Downtown Sculpture Garden. Chairman Wagner asked how far the setback, from the travel lane, will be for the art. Project Engineer Truong stated that the artwork will be located in the sidewalk and will be set back from the curb but that design work is not yet completed to know the exact location of the artwork. Chairman Wagner spoke about the possibility of a driver driving up on to the curb and hitting the artwork. Assistant Director/City Engineer Selle stated the artwork will be a minimum of two feet from the curb. Project Engineer Truong stated that there is a consultant working on the design phase and construction should start in July 2012, in response to a question asked by Vice-Chair Peloza regarding the project’s schedule. Vice-Chair Peloza asked about the type of art being installed. Planning Manager Chamberlain explained that there will be a variety of art which will be selected by the Arts Commission through Page 2 of 11 PW.1 Page 16 of 116 a call for artists. The design work will provide the artists with parameters regarding the size and limitations of the art work required to fit the foundations. This will help determine the weight and size of the artwork pieces. Member Osborne asked about the relocation of the bicycle rack on Division Street. Planning Manager Chamberlain stated that the locations on the vicinity map are potential locations but none of the locations are certain and removal of the bicycle rack may not be necessary. Part of the design process is to determine the best locations. Chairman Wagner asked who is completing the engineering specifications that will determine the weight and height of the artwork. Chamberlain answered that the consultant, KPG, will be working on the structural element of the foundations. Project Engineer Truong stated that the Public Works staff will work with the Parks Department to provide the parameters that should be used for the artwork purposed. Planning Manager Chamberlain answered questions asked by Member Osborne regarding how the sculptures will be secured to the foundations to prevent theft. Motion Carried Unanimously. 3-0. III. DISCUSSION ITEMS A. Horsley Leak Adjustment Appeal (Coleman) Councilmember Peloza moved and Councilmember Osborne seconded to move the adjustment of $940.98 forward to City Council. Finance Director Coleman provided the Committee with background information regarding the cause of the leak and the utility customers’ prompt response to and repair of the leak. Customer Service Manager Goodson-Moore provided the Committee with additional utility billing detail. Finance Director Colman answered questions asked by Vice-Chair Peloza regarding the past utility billing compared to the billing which included the leak. Chairman Wagner spoke in favor of approving the additional water utility adjustment in the amount of $940.98. The Committee agreed. Page 3 of 11 PW.1 Page 17 of 116 Vice-Chair Peloza spoke about the possibility of increasing the adjustment amount and lessening the amount owed. Chairman Wagner pointed out that a change in policy would be needed. The Committee and staff discussed the possibility of making a policy change to allow for an increase in the amount adjusted off of the customers’ bill. It was decided to approve the adjustment and then work on reviewing the policy at a later date and to include a grandfather clause if there are any changes made to the existing policy. Motion Carried Unanimously. 3-0. B. February 2012 Financial Report (Coleman) The Committee and Mayor Lewis discussed the factors that have lead to the lower than expected non-member contracted beds at SCORE and the financial implications. Mayor Lewis spoke about the costs involved in managing the SCORE holding pods and beds. Mayor Lewis and Finance Director Coleman spoke about the competitiveness among the prison facilities and how that also affects the SCORE budget. Mayor Lewis responded to questions asked by Vice-Chair Peloza regarding the marketing of the SCORE facility. Chairman Wagner asked if the amount of ending working capital for the Enterprise Funds was due to Build America Bonds. Finance Director Coleman answered that there are still some bonds included and some of the amount was accumulating capital and accounts receivable. Chairman Wagner asked what the schedule is to start recognition of depreciation. Finance Director Coleman said that would begin in 2013. Chairman Wagner asked for the amount of bonds waiting to be used be included in the next financial report to the Committee. Vice-Chair Peloza gave a positive report on the current operations and events at the golf course. Member Osborne asked if prisoners from Benton County, housed at SCORE, are transported back and forth for court appearances. Finance Director Coleman answered that some judges allow for video appearances but other inmates are transported to court. Page 4 of 11 PW.1 Page 18 of 116 C. Ordinance No. 6407 (S. Wagner) An Ordinance of the City Council, of the City of Auburn, Washington, Amending Chapter 18.40 - Public Use District of the Auburn City Code By Amending Section 18.04.020, Definitions, and Adding a New Section 18.04.105, All Relating to Public Animal Shelters Chairman Wagner asked when sewer will be installed for the shelter. Assistant Director/City Engineer Selle stated that the sewer will be installed in the Summer 2012. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner regarding the access to the shelter. D. Resolution No. 4808 (Bailey) A Resolution of the City Council of the City of Auburn, Washington, Declaring Certain Items of Property as Surplus and Authorizing their Disposal There were no questions from the Committee. E. West Main Street Sidewalk Repair Estimate (Wickstrom) Director Dowdy provided the Committee with background information regarding the 2012 Clean Sweep projects and the interdepartmental challenge to make W Main Street more attractive presented by Mayor . Director Dowdy reported that numerous volunteers will be working in the area of the Auburn Environmental Park (AEP), along W Main Street. The Parks, Arts and Recreation Department is planning an art competition in the area and as its part in the challenge the Public Works Department has surveyed the sidewalks in the location and has identified several areas of sidewalk and curb/gutter in need of repairs. Director Dowdy stated that staff has already removed some trees that were damaged by the January ice storm and that were causing damage to the sidewalks. The removal of the trees will also allow space for the art competition. Director Dowdy answered questions asked by Chairman Wagner regarding the location of the artwork. Director Dowdy explained that when funding becomes available, staff would like to rebuild the pavement and sidewalks on W Main Street, however staff is recommending that the proposed sidewalk and curb/gutter repairs should be done to compliment the 2012 Clean Sweep Projects. Staff estimates that the repair work would cost approximately $35,000 and the work could be completed in Summer 2012 as part of the 2011/2012 Sidewalk Repair Project, but additional funding would be required. The Committee and staff reviewed the vicinity map showing the Page 5 of 11 PW.1 Page 19 of 116 proposed locations for the repairs. Chairman Wagner mentioned removing the landscape strips as part of the sidewalk repairs, because they can be difficult to maintain. Assistant Director/City Engineer Selle explained that ultimately the City would like to acquire a grant to improve the entire section of roadway and staff recommends not putting in a lot of infrastructure cost at this time knowing that in the future the corridor will be rebuilt. The Committee and Mayor Lewis discussed updating the standards pertaining to landscape strips. Director Dowdy reviewed how the sidewalk improvements can be included in the 2011/2012 Sidewalk Repair and Replacement Program by including the additional scope in the mid year budget. The Committee supported bringing the request for the additional funds for the program forward. Chairman Wagner commented on the importance of pedestrian safety. Member Osborne verified that the plantings will not damage the sidewalk repairs in the future. F. Mill Creek Basin Flow Control Exemption (Carlaw) Utilities Engineer Repp provided a background summary for the Committee. Repp explained that in an effort to help facilitate development in the City’s urbanized areas staff is proposing requesting a modification to the City’s Phase II Municipal Stormwater Permit (Permit) from the Department of Ecology (DOE). DOE allows the permit to modify flow control requirements for individual drainage basins where studies show that the standard requirements are not appropriate. Utilities Engineer Repp distributed an aerial map and stated that staff had been looking at both the Green River drainage area and the Mill Creek basin as potential areas for the flow control modification. Repp explained, in the past, the Washington State Department of Transportation (WSDOT) had done work with the DOE to exempt large water bodies from flow control requirements. Staff tried to pursue the same type of exemption for the Green River. The DOE decided the City’s analysis of the Green River was not complete enough but did indicate the Mill Creek basin may be a better candidate for a specific basin plan and flow control modifications. Utilities Engineer Repp proposed to the Committee that the City begin a basin plan for Mill Creek. Repp stated that the plan would include study of water quality concerns, historical and future development conditions, field investigation and analysis to establish the flow control Page 6 of 11 PW.1 Page 20 of 116 requirements for the basin. Utilities Engineer Repp stated that both the City of Renton and the City of Seattle have successfully received help with flow control through the DOE. Utilities Engineer Repp explained why staff feels the Mill Creek basin would be a good candidate for the permit modification. Utilities Engineer Repp reported that there is a detailed scope of work for the study from the consultant as well as a cost estimate of $220,000.00, which staff can present to the Committee at the next Public Works Committee Meeting. Utilities Engineer Repp reiterated the flow control exemptions will create relief for future development. Repp stated that the funds would be spent within about a year in response to a question asked by Chairman Wagner. There is already $150,000.00 available for the work so staff will need an additional $70,000.00 of the budget. Utilities Engineer Repp and Storm Drainage Engineer Carlaw answered questions asked by Chairman Wagner regarding the aerial map. Chairman Wagner spoke about past studies on the basin areas that have been completed throughout the years. Chairman Wagner stated that although he was hesitant to begin another study, however he feels the project proposed by staff will be useful. The Committee and staff discussed whether or not the exemptions could be challenged following approval by the DOE. Assistant Director/City Engineer Selle responded to questions asked by Member Osborne regarding the areas that staff is proposing to be part of the project. Assistant Director/City Engineer Selle stated that staff will take advantage of data from the past studies as the project moves forward. Utilities Engineer Repp stated that the initial feedback from the DOE was that the Mill Creek basin warrants further investigation. The Committee and staff discussed the project’s schedule. G. Grant Status Update (Hankins) Transportation Planner/Grants Manager Hankins stated that the Committee had asked to review the Grant Status spreadsheet twice a year. Page 7 of 11 PW.1 Page 21 of 116 Transportation Planner/Grants Manager Hankins reported that two of the larger projects that were on the spreadsheet, M Street Underpass and the A/B Street Corridor, has been removed because they have achieved fully funded status. Hankins stated that the spreadsheet is primarily tracking projects that do not have full funding and that there have been grant applications submitted for and the majority of the work being done is for new projects. Transportation Planner/Grants Manager Hankins explained that once the grants are awarded the status of the project will change on the spreadsheet. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner regarding projects that are fully funded. Chairman Wagner suggested better tracking of corridor relationships between the Grant Status spreadsheet and the Capital Project Status Report. Chairman Wagner asked if the City of Kent is participating in the S 272nd/277th St. Corridor Capacity & Non-Motorized Trail Project. Assistant Director/City Engineer Selle stated that the City of Kent will not be contributing funds toward the project; however, they have provided a letter of support for the project. Director Dowdy stated that the City of Kent will also be providing the Right-of-Way for the northern portion of the roadway which was purchased by Kent when their corridor project completed the missing link and the Green River bridge.. Transportation Planner/Grants Manager Hankins provided additional information regarding the grant application and regional competition for the project. Assistant Director/City Engineer Selle spoke about calls for projects, the project evaluation and grant application process, in response to a question asked by Chairman Wagner. Assistant Director/City Engineer Selle answered questions asked by Member Osborne regarding Traffic Impact Fees. Chairman Wagner asked that line items on the spreadsheet be assigned numbers to easily identify them during discussion. The Committee and staff discussed whether or not TIP projects would be eligible for TBD funds, if the bond issue were to pass. Chairman Wagner suggested contacting Amtrak for some support for the 37th & B Street NW Rail Highway Crossing Safety Improvements. Traffic Engineer Para stated that the Auburn Way South/12th Street SE Intersection Improvements will include some rechannelization, minor signal and pedestrian improvements, in response to a question Page 8 of 11 PW.1 Page 22 of 116 asked by Chairman Wagner regarding the total project cost. Traffic Engineer Para explained that both the 2012 Traffic Signal Backup Project and the Auburn Way S Safety and Congestion Improvements Project were put together in response to requests from State Legislators. Chairman Wagner asked if the Auburn Way S and Riverwalk Intersection Improvements will improve safety for pedestrian traffic on Howard Road and if not, asked for it to be included. Assistant Director/City Engineer Selle explained that the pedestrian improvements may not meet the grant requirements but may be eligible to compete for other grants. Traffic Engineer Para spoke about the Auburn Way S Corridor Safety Improvements Project which is listed on the spreadsheet three times, but applications are in for different grant programs. Director Dowdy reported that the Well 1 Improvements Project made it through the State Legislature and is eligible for the Public Works Trust Fund loan. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner about the City Match Required amount, which is being paid to lower the interest rate on the loan. Chairman Wagner asked the projects that are being issued loans that must be paid back are identified on the spreadsheet. Utilities Engineer Repp responded to questions asked by Vice-Chair Peloza and Chairman Wagner regarding the WIRA 9 Stormwater BMP Retrofitting Plan. H. Capital Project Status Report (Gaub) Item 12 – C201A – M Street Underpass: Assistant City Engineer Gaub stated that phone calls regarding the project are taken by the Public Works Department via the main line and then transferred to the Project Manager, Ryan Vondrak, or a Construction Inspector. Some calls may go to the Mayor’s Office. Member Osborne asked if 4th Street SE is also closed. Assistant City Engineer Gaub answered that both M Street SE and 4th Street SE are currently closed. 4th Street SE will be closed for 4 weeks. Assistant City Engineer Gaub stated that the road closure signs are in place, following comments made by Member Osborne, and that staff will continue checking and monitoring the signage. Chairman Wagner asked if the CH2M Hill consultant is on- site. Assistant City Engineer Gaub confirmed that the consultant is on- Page 9 of 11 PW.1 Page 23 of 116 site and can be contacted to answer questions, but the public should be instructed to contact the Project Manager first. Item 15 – CP0909 – Academy Booster Pump Station: Vice-Chair Peloza asked for an explanation regarding the complication obtaining the easement. Assistant City Engineer Gaub stated that there is an access road that goes through two other properties to get to the City’s property but the utility lines cannot be brought down that road as originally planned, because the City was unable to obtain an easement from one of the property owners. Item 16 – CP1112 – 2011/2012 Sidewalk Improvement Project: Vice- Chair Peloza said that he would like the sidewalks on Harvey Road to be looked at again and added back on to the Activities Matrix for additional interim improvements. Item 17 – CP0915 – Well 1 Improvements – Transmission Lines: Assistant City Engineer Gaub stated that the advertise date will probably be a little after May and that the main goal is to get the transmission line work complete while M Street SE is closed. The Well 1 Improvements to complete the actual well itself are not scheduled to be under construction until 2013. Assistant City Engineer Gaub answered questions asked by Chairman Wagner regarding the type of material the various utility lines are made out of. Item 26 – CP0765 – Lakeland Hills Reservoir Improvements: Vice- Chair Peloza asked for the status of Reservoir 6. Assistant City Engineer Gaub answered that Reservoir 6 is operational. Assistant City Engineer Gaub stated that the Lakeland Hills Booster Station also needs to be complete prior to this project moving forward. Item B – CP1115 – City Hall NW Plaza Improvements: Vice-Chair Peloza noted that the tent structure is now being referred to as an Iconic Pavilion. Item D – CP1016 – Fenster Levee Project: Vice-Chair Peloza pointed out that the funds are WRIA-9/SRF’Bd and not KCD funds. Vice-Chair Peloza stated the amount is $327,000.00. I. Activities Matrix (Dowdy) Vice-Chair Peloza asked that staff examine the sidewalk on Harvey Road at the 1100 block and that be added to the matrix. Page 10 of 11 PW.1 Page 24 of 116 The Committee and staff discussed examining the feasibility of installing a 3-way stop at the intersection of SE 312th Street and SE 116th Street. IV. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:18 p.m. Approved this 7th day of May, 2012. Page 11 of 11 PW.1 Page 25 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: April 16, 2012 Minutes Date: April 30, 2012 Department: Administration Attachments: April 16, 2012 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Finance Councilmember:Partridge Staff: Meeting Date:May 7, 2012 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 26 of 116 Finance Committee April 16, 2012 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the regular meeting to order at 5:30 p.m. in Conference Room 1 located on the second floor of the City Hall Annex located at One East Main Street in Auburn. A. Roll Call Chair Partridge, Vice Chair John Holman and Member Largo Wales were present. Also present during the meeting were: Mayor Peter B. Lewis, Deputy Mayor Nancy Backus, City Attorney Daniel Heid, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Police Chief Bob Lee, Planning and Development Director Kevin Snyder, Emergency Preparedness Manager Sarah Miller, City Clerk Danielle Daskam, and Deputy City Clerk Shawn Campbell. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. Minutes of the April 2, 2012 Regular Meeting Vice Chair Holman noted a correction to the March 19, 2012 minutes. The word "eight" should be inserted in the third paragraph of Item IV.A to read in part "while the City of Auburn has eight probation officers..." Vice Chair Holman moved and Member Wales seconded to approve the March 19, 2012 minutes as corrected. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) Claims check numbers 412571 through 412961 in the amount of $4,059,622.34 and dated April 16, 2012. Committee members reviewed the claims and payroll vouchers and briefly discussed the following claims vouchers: 412603,412575, 412592,412671, 412716,412728, 412690. Member Wales moved and Vice Chair Holman seconded to recommend Council approval of claims and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers (Coleman) Payroll check numbers 532811 through 532848 in the amount of $835,610.75 and electronic deposit transmissions in the amount of $1,178,772.47 for a grand total of $2,014,383.22 for the pay period covering March 29, 2012 to April 11, 2012. See claims vouchers above for approval of payroll vouchers. III. RESOLUTIONS A. Resolution No. 4808 (Dowdy) FN.1 Page 27 of 116 A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal Public Works Director Dennis Dowdy stated Resolution No. 4808 would authorize the surplus and disposal of two vehicles. Public Works Director Dowdy added the City would incur considerable operational costs to keep the two vehicles in the City fleet. Vice Chair Holman moved and Member Wales seconded to approve and forward Resolution No. 4808 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 IV. DISCUSSION ITEMS A. Resolution No. 4811 (Lee) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the State of Washington, Military Department in an amount not to exceed eighty seven and one half percent (87.5%) of eligible expenditures as reimbursement from the Federal Emergency Management Agency and the State of Washington for expenses incurred by the City of Auburn during the January 2012 storm event Emergency Preparedness Manager Sarah Miller stated the grant will allow the City to receive FEMA reimbursement money for the January 2012 storm. The money will reimburse the funds used up to 75% of the actual expense. Member Wales asked about the berm along the river. Mayor Lewis stated the City is working with King County to remove the berm. He also said the City is working on a RFP to allow companies to bid on removing the berm. B. February 2012 Financial Report (Coleman) Finance Director Shelley Coleman presented the February 2012 Financial Report. Finance Director Coleman noted the property tax revenue is lower than expected because property taxes are due in April. Sales tax is on track to meet budget. Director Coleman also noted that SCORE has processed one invoice in 2012 and the compact funds from the Muckleshoot Tribe are not yet reflected in the February report. In response to questions from the committee, Finance Director Coleman stated state or individual companies perform sales tax audits periodically. If the sales tax is incorrectly calculated, the City must reimburse the overpayment. She said the business licensing revenue is up because the City sends renewal notices in December and the majority of renewals are received in January and February. Chair Partridge noted the revenue from the photo cameras is down. He added the City owes RedFlex only the amount generated; the City is responsible for all administration cost of the program. Mayor Lewis and Public Works Director Dowdy stated the City works with the school principals to set the times for the school zone cameras. Finance Director Coleman stated the water, storm, and solid waste enterprise fund revenues are higher than expenses. She added the airport, cemetery and golf course revenues are below actual expenses but no action is required at this time as it is early in the year. FN.1 Page 28 of 116 V. ADJOURNMENT There being no further business before the Committee, the meeting adjourned at 6:10 p.m. APPROVED the _________ day of May, 2012. ___________________________________ ________________________________________ John Partridge, Chair Shawn Campbell, Deputy City Clerk FN.1 Page 29 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the April 16, 2012 Regular Meeting Date: May 1, 2012 Department: Administration Attachments: April 16, 2012 Regular Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:May 7, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 30 of 116 City Council Meeting April 16, 2012 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, Largo Wales, Wayne Osborne, John Holman and John Partridge. Department directors and staff members present: City Attorney Daniel B. Heid, Police Commander David Colglazier, Economic Development Manager Doug Lein, Planning and Development Director Kevin Snyder, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, Parks, Arts and Recreation Director Daryl Faber, Community Services Manager Michael Hursh, City Clerk Danielle Daskam, and Deputy City Clerk Shawn Campbell. C. Announcements, Appointments, and Presentations 1. Proclamation - YMCA Healthy Kids Day Mayor Lewis to declare Saturday, April 28, 2012 as YMCA Healthy Kids Day Mayor Lewis read and presented a proclamation declaring Saturday, April 28, 2012 as YMCA Healthy Kids Day to YMCA Executive Director Jason Berry and YMCA Family Programs Director Shanna Crane. Mr. Berry thanked the City for their ongoing partnership and encouraged everyone to attend the event. 2. Proclamation - National Day of Prayer Mayor Lewis to declare May 3, 2012 to be National Day of Prayer in Auburn Mayor Lewis read and presented a proclamation declaring May 3, 2012 as National Day of Prayer in Auburn to Marjorie Gordon. 3. Proclamation - Relay for Life of Auburn Days Mayor Lewis to declare May11-12th, 2012 as Relay for Life for Auburn Days Mayor Lewis read and presented a proclamation declaring May 11-12, 2012 CA.A Page 31 of 116 as Relay for Life for Auburn Days to J. D. Drollinger representing the Great West Division and National Relay Advisory Committee. Mayor Lewis urged all citizens to participate in Relay for Life this year. 4. Proclamation - 2012 Tree Steward Mayor Lewis to declare the Auburn Parks Department of the City of Auburn as our "2012 Tree Steward" for preserving and caring for the Oak tree at 37th and R St SE in Auburn and declaring a "Significant Tree". Mayor Lewis read and presented a proclamation declaring the Auburn Parks Department as the 2012 Tree Steward to Parks, Arts and Recreation Director Daryl Faber. D. Agenda Modifications There was no change to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Laura Moser, Waste Management - 701 2nd St NW, Auburn Ms. Moser provided the Council with a Waste Management Report to the City of Auburn for 2011. Ms. Moser reviewed the steps Waste Management is taking to stay up to date in sustainability and innovation. She reviewed the updates Waste Management has made for the City of Auburn and their customers. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee meet on April 9, 2012. The Committee discussed street median maintenance. The committee is working with the Planning and Community Development Committee to develop standards for the street medians. The next regular meeting of the Municipal Services Committee is scheduled for April 23, 2012 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met on April 9, 2012. The Committee approved Ordinance No. 6407 relating to zoning CA.A Page 32 of 116 and uses for a public animal shelter. The committee also discussed downtown capital projects, history of projects from the Downtown Redevelopment Committee, and an address assistance proposal. The next regular Planning and Community Development Committee meeting is scheduled for April 23, 2012 at 5:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The committee reviewed a change order for Project No. CP1121, 2011 Local Street Preservation Phase 2 for utility repair, and Project No. CP1211, the downtown sculpture garden foundation design. The Committee also discussed a water leak adjustment, the February 2012 Financial Report, Ordinance No. 6407 regarding animal shelters, Resolution No. 4808 regarding surplus vehicles, West Main Street sidewalk repairs, Mill Creek Basin Flow Control, and a grant and capital projects status update. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30. The committee reviewed claims vouchers in the amount of $4 million and payroll vouchers in the amount of $2 million. The Committee also approved Resolution No. 4808 relating to surplus vehicles. The Committee reviewed Resolution No. 4811 relating to a FEMA grant for the January 2012 storm event, and the 2012 February Financial Report. The next regular meeting of the Finance Committee is scheduled for May 7, 2012 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Campus Committee met April 11, 2012. The Committee discussed a Request for Proposal that the National Development Council is assisting the City in preparing to procure financing for the Community Center project, internal traffic flow within the Les Gove Community Campus, and a Washington State grant for the Community Center. The next regular meeting of the Les Gove Community Campus Committee is scheduled for May 9, 2012 at 5:00 p.m. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for May 7, 2012 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the April 2, 2012 Regular Meeting B. Claims Vouchers (Partridge/Coleman) Claims check numbers 412571 through 412961 in the amount of $4,059,622.34 CA.A Page 33 of 116 and dated April 16, 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 532811 through 532848 in the amount of $835,610.75 and electronic deposit transmissions in the amount of $1,178,772.47 for a grand total of $2,014,383.22 for the pay period covering March 29, 2012 to April 11, 2012. D. Public Works Project No. CP1121 (Wagner/Dowdy) City Council approve change order No. 2 in the amount of $75,000 to Contract No. 11-25 for work on Project No. CP1121, 2011 Local Street Pavement Preservation - Phase 2 Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda consists of claims vouchers in the amount of approximately $4 million, payroll vouchers in the amount of approximately $2 million, and Public Works Project No. CP1121, Change Order in the amount of $75,000. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6405 (Backus/Heid) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 2.03.100 of the Auburn City Code, relating to duties of the Mayor Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt Ordinance No. 6405. Deputy Mayor Backus stated the ordinance clarifies how an item can be added to a committee agenda. MOTION CARRIED UNANIMOUSLY. 7-0 B. Ordinance No. 6406 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, extending and amending Chapter 18.56 of the Auburn City Code, relating to the regulation of the allowance, dimensions and locations of signs Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt CA.A Page 34 of 116 Ordinance No. 6406. Deputy Mayor Backus stated the ordinance is an extension of Ordinance No. 6360 for a term of one year and related to real estate signs. MOTION CARRIED UNANIMOUSLY. 7-0 C. Ordinance No. 6407 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 18.40 - Public Use District of the Auburn City Code by amending Section 18.40.020, Definitions, and adding a new Section 18.40.105, all relating to Public Animal Shelters Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt Ordinance No. 6407. Deputy Mayor Backus stated the ordinance would allow public animal shelters as a permitted use in the P-1 public use district and creates a new definition of animal shelter. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 4808 (Partridge/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal Councilmember Partridge moved and Councilmember Holman seconded to adopt Resolution No. 4808. MOTION CARRIED UNANIMOUSLY. 7-0 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported that she attended the Auburn Environmental Park Boardwalk opening and the Auburn Promenade opening. She also attended two neighborhood meetings at Aspen Meadows and Forest Villa, the Auburn Valley Humane Society ground breaking, the Auburn Downtown Association meeting, the Valley Regional Fire Authority meeting, and the Auburn Kids Camp, Seussical Musical Jr. Councilmember Wagner reported he attended a joint meeting between Regional Access Mobility Partnership (RAMP) and South County Area Transportation CA.A Page 35 of 116 Board (SKATBd). He noted that Jay Inslee was at the meeting to listen to concerns for the area. Councilmember Wagner also reported he attended the Auburn Environmental Park Boardwalk opening, and a Pierce Transit Benefit District Board meeting. He also attended a conference in Seattle to discuss the beneficial uses of biomass. Councilmember Wales reported she attended the Arbor Day ceremony at Les Gove Community Campus, the joint RAMP and SKATBd meeting, the Environmental Park Boardwalk opening, the Municipal Services Committee meeting, and the Les Gove Community Campus Committee meeting. Councilmember Holman reported that he attended the Law Enforcement Officers and Fire Fighters (LEOFF) Board meeting and participated in the Green River Community College environmental scan process. Councilmember Peloza reported the Auburn International Farmers Market opening day is June 10, 2012. He also reported on his attendance at the joint transportation meeting, the Suburban Cities Association Public Issues Committee meeting where he facilitated a study session on combined sewer overflow, the King County Solid Waste Advisory Committee, the Regional Water Quality meeting, the Arbor Day tree planting, the Auburn Valley Humane Society ground breaking, and the opening of the Promenade. Councilmember Osborne reported he attended the Environmental Park Boardwalk opening, the Boys and Girls Club breakfast and the Auburn Valley Humane Society ground breaking. Councilmember Partridge reported he attended the Regional Law, Safety and Justice Committee meeting and then toured the King County Youth Services Center. He also attended the Boys and Girls Club breakfast, where the guest speaker was Kasey Keller, and the Auburn Valley Humane Society ground breaking. B. From the Mayor Mayor Lewis reported on his attendance at the Arbor Day tree planting with the Auburn Garden Club and the Tree Board. Mayor Lewis also reported on the RAMP and the South County Transportation Board meeting, neighborhood meetings for both Aspen Meadows and Forest Villa, and the Boys and Girls Club breakfast. Mayor Lewis also reported on meetings with the Mayors of Bonney Lake and Sumner to discuss future water rights and the Mayor of Sumner to discuss the North Lake Tapps Corridor. Mayor Lewis also reported on Emerald Downs opening day, the Auburn Valley Humane Society ground breaking, and the Promenade opening. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at CA.A Page 36 of 116 8:40 p.m. APPROVED the _________ day of May, 2012. ________________________________ ________________________________ Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk CA.A Page 37 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: May 2, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the claims vouchers as part of the Consent Agenda. Background Summary: Claims check numbers 412962 through voucher 413461 in the amount of $1,683,602.81 dated the 7th day of May 2012. Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:May 7, 2012 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 38 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: April 30, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Payroll check numbers 532849 through 532886 in the amount of $271,812.99 electronic deposit transmissions in the amount of $1,202,024.25 for a grand total of $1,473,837.24 for the period covering April 12, 2012 to May 2, 2012. Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:May 7, 2012 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 39 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Horsley Leak Adjustment Appeal Date: April 30, 2012 Department: Finance Attachments: appeal letter, leak adjustment, policy Budget Impact: $0 Administrative Recommendation: City Council approve an additional water utility adjustment to account number 28039, for Bob and Gloria Horsley, in the amount of $940.98. Background Summary: The owner discovered a water leak on 2/22/12. Per the customer, the leak was repaired over the course of three days. The utility account was billed $2,418.22, for water service and consumption of 795 units, due to a leak in the service line. The owner submitted a request for leak adjustment on February 27, 2012. The total calculated adjustment was $2,381.95; however, the leak adjustment policy limits the credit to $500.00 for water only adjustments. The account was credited for $500.00 on March 14, 2012. The owner submitted a leak adjustment appeal on March 23, 2012. Per the policy, the customer may be considered for an additional leak adjustment up to 50% of the remaining water portion over $500.00, which would be an additional adjustment to the account of $940.98. F4.5.2 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Coleman Meeting Date:May 7, 2012 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 40 of 116 CA.D Page 41 of 116 CA.D Page 42 of 116 CA.D Page 43 of 116 CA.D Page 44 of 116 CA.D Page 45 of 116 CA.D Page 46 of 116 CA.D Page 47 of 116 CA.D Page 48 of 116 CA.D Page 49 of 116 CA.D Page 50 of 116 CA.D Page 51 of 116 CA.D Page 52 of 116 CA.D Page 53 of 116 CA.D Page 54 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0817 Date: April 23, 2012 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Change Order No. 2 in the amount of $10,737.18 to Contract No. 10-15 for work on Project No. CP0817, 2009 Sewer and Storm Station Replacement Phase B Ellingson Sewer Station. Background Summary: This project replaces or retrofits three storm and sewer pump stations that are at the end of their service lives. The project has been phased to allow for separate construction contracts: Phase A: Dogwood Sewer Station Replacement (Construction 2010 - 2011) Phase B: Ellingson Sewer Station Replacement (Construction 2010 - 2012) Phase C: White River Storm Station Retrofit (Construction 2010 - 2012) This Phase B construction contract includes decommissioning of the existing Ellingson Sewer Station and replacing it with a new station that meets current standards. The new station includes measures to reduce maintenance costs and improve safety including a backup generator, maintenance vehicle parking, SCADA telemetry, safety fencing and bollards, and an improved underground pump room and stairwell. Change Order No. 2 includes modifications to the electrical, control, programming and generator systems, including adding additional alarm controls for compatiblity with the ongoing SCADA upgrade project. It is expected that this change order work will be completed in June 2012. A project budget contingency of $69,149 remains in the 431 Sewer Fund. O4.6 Reviewed by Council Committees: Public Works AUBURN * MORE THAN YOU IMAGINEDCA.E Page 55 of 116 Councilmember:Wagner Staff:Dowdy Meeting Date:May 7, 2012 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 56 of 116 Project No: CP0817 Project Title: Project Manager: Leah Dunsdon Consultant Agreement Initiation Date:12/15/2008 Permision to Advertise Advertisement Date: 10/12/2010 Contract Award Award Date: 11/3/10 Change Order #2 Contract Final Acceptance Funding Prior (Actual)20122013Future YearsTotal 431 Fund - Sewer and Storm Pump Station Replacement 1,210,744 315,000 1,525,744 Bond Proceeds (431 Sewer)2,640,569 2,640,569 Total3,851,313 315,000 00 4,166,313 Activity Prior (Actual)20122013Future Years Total Subtotal Dogwood Sewer Lift Station Costs1,210,744 1,210,744 Ellingson Sewer Lift Station Costs Design Engineering - City Costs29,078 29,078 Design Engineering - Consultant Costs513,441 513,441 Property Acquisition - PSE Easement 40,565 40,565 BUDGET STATUS SHEET 2009 Sewer and Storm Replacement Project -Phases A and B - Dogwood and Ellingson Sewer Stations Date: April 20, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) - Ellingson Station, Phase B Property Acquisition - PSE Easement 40,565 40,565 Construction Contract Bid 1,714,258130,114 1,844,372 Change Order #1 - Dewatering97,073 97,073 Change Order #2 - Intrusion/Alarm/Generator 10,737 10,737 Authorized Contingency 40,000 40,000 SCADA Upgrades 4,35915,000 19,359 Construction Engineering - City Costs78,00325,000 103,003 Construction Engineering - Consultant Costs163,79225,000 188,792 Subtotal Ellingson Sewer Lift Station Costs2,640,569245,851002,886,420 Total3,851,313245,851004,097,164 Prior (Actual)2012 2013 Future Years Total *431 Funds Budgeted ( )(3,851,313)(315,000)00(4,166,313) 431 Funds Needed 3,851,313245,851004,097,164 * 431 Fund Project Contingency ( )(0)(69,149)00(69,149) 431 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 431 Sewer Budget Status H:\PROJ\CP0817 The Sewer and Storm Pump Station Replacement\Budget\CP0817 - Budget Status Sheet.xls1 of 1CA.E Page 57 of 116 CA.E Page 58 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0916 Date: April 30, 2012 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $160,000.00 Administrative Recommendation: City Council approve Change Order No. 3 in the amount of $153,452.15 to Contract No. 11-11 for work on Project No. CP0916, West Valley Highway Improvements. Background Summary: The West Valley Highway Improvement Project re-constructed and widened West Valley Highway between West Main Street and the SR18 off-ramp. The improved roadway includes a sidewalk, bicycle lanes, lighting, center landscaped median, and low impact development (LID) drainage features such as pervious sidewalks, bio-retention swales, and compost amended vegetated filter strips (CAVFS). The project improved drainage to allow hillside runoff to drain through an improved conveyance system and prevent water from damaging the roadway. The existing traffic signal at the intersection of West Valley Highway and West Main Street was replaced and the intersection widened to improve turning movements. The West Valley Highway Improvement Project includes restriping the channelization and constructing new signal loops on West Main Street east of West Valley Highway. The existing pavement section on West Main Street where the channelization and loop installation will occur is in poor condition and unable to withstand the improvements. Change Order No. 3 includes reconstruction of a full depth asphalt pavement section on West Main Street starting at the intersection with West Valley Highway and extending approximately 380 feet east. It is expected that this change order work will be completed in June 2012. The total anticipated project costs are $4,041,916. The total project budget is $3,939,360, of which $2,345,650 is funded by a State Transportation Improvement Board (TIB) safety grant, $800,000 is funded by bond proceeds from the 432 Storm Utility Fund, $710,000 is funded from the 102 Arterial Street Fund, and $83,710 is funded from the 124 Traffic Mitigation Fund. A project contingency of $57,444 is anticipated in the 102 Arterial Street Fund. However, Change Order No. 3 is not eligible AUBURN * MORE THAN YOU IMAGINEDCA.F Page 59 of 116 for TIB grant reimbursement because it extends beyond the TIB project limits. Therefore, a budget adjustment of $160,000 from the 105 Arterial Preservation Fund will be required this year to fund the project. O4.10 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 7, 2012 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 60 of 116 Project No: CP0916 Project Manager: Leah Dunsdon Date: April 27, 2012 Consultant Agreement Initiation Date: January 17, 2008 Permision to Advertise Advertisement Date: July 5, 2011 Contract Award Award Date: August 1, 2011 Change Order Approval Contract Final Acceptance Funding Prior Years (Actual)2011 (Actual)2012 Future Years Total 102 Fund - Unrestricted Street Revenue 55,0005,00060,000 102 Fund - TIB Grant** 175,8181,489,382680,4502,345,650 102 Fund - Traffic Impact Fees 384,880170,120555,000 102 Fund - from REET2 33,50261,498 95,000 105 Fund - Arterial Preservation Fund 0 124 Fund - Traffic Mitigation Fund83,710 83,710 432 Fund - Storm Utility Fund 800,000 800,000 Total293,0302,790,760855,57003,939,360 Activity Prior Years (Actual)2011 (Actual)2012 Future Years Total Design Engineering (Consultant)261,320312,404 573,724 Design Engineering (City)31,71037,376 69,086 Right of Way 1,760 1,760 Change Order No. 1 - Road Closure (no cost)0 Change Order No. 2 - Storm / Erosion Control (10,000)(10,000) Change Order No. 3 - West Main Pavement 153,452153,452 Construction Contract Bid 2,311,047488,8012,799,848 Authorized Contingency 204,493204,493 Construction Survey and Engineering (Consultant)65,38581,380146,765 Construction Engineering (City)62,78840,000102,788 Total 293,030 2,790,760 958,126 0 4,041,916 BUDGET STATUS SHEET The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Costs (Funds Needed) Total 293,030 2,790,760 958,126 0 4,041,916 Prior Years (Actual)2011 (Actual)2012 Future Years Total *102 Funds Budgeted ( )(209,320)(1,990,760)(855,570)0(3,055,650) 102 Funds Needed 209,3201,990,760798,12602,998,206 *102 Fund Project Contingency ( )00(57,444)0(57,444) 102 Funds Required 00000 Prior Years (Actual)2011 (Actual)2012 Future Years Total *105 Funds Budgeted ( )00000 105 Funds Needed 00160,0000160,000 *105 Fund Project Contingency ( )00000 105 Funds Required 00160,0000160,000 Prior Years (Actual)2011 (Actual)2012 Future Years Total *124 Funds Budgeted ( )(83,710)000(83,710) 124 Funds Needed 83,71000083,710 *124 Fund Project Contingency ( )00000 124 Funds Required 00000 Prior Years (Actual)2011 (Actual)2012 Future Years Total *432 Funds Budgeted ( )0(800,000)00(800,000) 432 Funds Needed 0800,00000800,000 *432 Fund Project Contingency ( )00000 432 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. ** TIB Grant requires 40% matching funds, provided by the City. 432 Storm Budget Status 102 Arterial Street Budget Status 124 Traffic Mitigation Funds Budget Status 105 Arterial Preservation Budget Status H:\PROJ\CP0916 West Valley Hwy Imprvmnts\Budget\WVH-BudgetStatusSheet.xls 4/27/2012 9:28 AM 1 of 1CA.F Page 61 of 116 CA.F Page 62 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1118 Date: May 1, 2012 Department: Public Works Attachments: Budget Status Sheet Consultant Scope of Work Summary Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-421 with CH2M Hill for Engineering and Construction Services for Project No. CP1118, Auburn Way South Pedestrian Improvements, Dogwood St SE to Fir St SE. Background Summary: The City received a $100,000 federal grant and a $740,830 state grant for pedestrian and safety improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE. The federal grant does not require a local funding match. The City will provide the matching funds for the state grant equal to $100,000. The purpose of this project is to: l Design and construct corridor improvements on Auburn Way South, from Dogwood Street SE to Fir Street SE, including a mid-block pedestrian crossing, a median island to eliminate multiple left turn conflicts, a new street lighting system, relocation of existing utility poles to the back of the sidewalk to mitigate roadside hazards, and ADA pedestrian push buttons and audible countdown pedestrian signal heads at the existing signalized intersection of Auburn Way South and Dogwood Street SE; and l Conduct a pedestrian safety educational campaign consisting of press releases, website features and targeted mailers to residences and businesses in the vicinity of the improvements; and l Increase enforcement including additional police presence. City staff has selected CH2M Hill to provide design and bidding services for the above- referenced project and the anticipated consultant costs for this agreement is $185,000.00. AUBURN * MORE THAN YOU IMAGINEDCA.G Page 63 of 116 The estimated total preliminary cost for this project is $940,830, of which $740,830 is funded by a State grant, $100,000 is funded by a Federal grant, and $100,000 is budgeted from the 102 Arterial Street Fund. O4.9.1 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 7, 2012 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Page 64 of 116 Project No: CP1118Project Title: Project Manager: Leah Dunsdon Consultant Agreement Initiation Date: August 15, 2011 Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20122013 Future Years Total 102 Fund - Unrestricted 1,62454,87643,500100,000 102 Fund - Federal Grant 100,000 100,000 102 Fund - State Grant 740,830740,830 Total1,624154,876784,3300940,830 Activity Prior Years 20122013 Future Years Total Design Engineering - City Costs1,62429,37625,00056,000 Design Engineering - Consultant Costs 150,00035,000185,000 Design Engineering - WSDOT Costs 1,000 1,000 Property Acquisition 5,000 5,000 BUDGET STATUS SHEET Auburn Way South Pedestrian Improvements - Dogwood St SE to Fir St SE Date: May 1, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Construction Estimate 534,000534,000 Project Contingency (15%)80,10080,100 Other - Education 2,0002,000 Other - Enforcement 4,0804,080 Construction Engineering - City Costs 40,00040,000 Construction Engineering - Consultant Costs 33,65033,650 Total1,624185,376753,8300940,830 Prior Years 20122013 Future Years Total *102 Funds Budgeted ( )(1,624)(154,876)(784,330)0(940,830) 102 Funds Needed 1,624185,376753,8300940,830 *102 Fund Project Contingency ( )00(30,500)00 102 Funds Required 030,500000 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Budget Status H:\PROJ\CP1118-AWS Ped & Bicycle\Budget\Budget Status Sheets\OLD Budget Status Sheets\CP1118.BudgetStatusSheetold05.01.12.xls 1 of 1CA.G Page 65 of 116 AUBURN WAY SOUTH PEDESTRIAN IMPROVEMENTS – DOGWOOD ST SE TO FIR ST SE CONSULTANT SCOPE OF WORK SUMMARY PAGE 1 OF 3 CP1118 – Auburn Way South Pedestrian Improvements, Dogwood St SE to Fir St SE Summary Scope for Design and Bidding Services This Scope of Work is for the Auburn Way South Pedestrian Improvements, Dogwood St SE to Fir St SE Project. This scope includes survey and base mapping, preliminary engineering, environmental documentation and permitting, right-of-way services and final design (including plans, specifications, and estimates). Project Description The City’s Auburn Way South Pedestrian Improvements, Dogwood St SE to Fir St SE project will enhance pedestrian and motor vehicle safety. The project, which spans a distance of approximately 880 feet beginning at the intersection with Dogwood St SE and ending at the intersection with Fir St SE, will construct a mid-block pedestrian crossing, a median island to eliminate multiple left turning conflicts, a new street lighting system, ADA pedestrian push buttons and audible countdown pedestrian signal heads at the existing signalized intersection of Auburn Way South and Dogwood Street SE, and will relocate existing utility poles to the back of the sidewalk to mitigate roadside hazards. Task 1: Project Management This task will be continuous throughout the project duration, which is assumed to be 11 months. It will include the work necessary to set up and plan the entire project and establish project-specific procedures, including communication, overall project coordination with the City and project team, and project closeout. Task 2: Survey and Mapping This task involves field surveying within the project limits, collecting existing topographic features and producing a project basemap and Digital Terrain Model (DTM) to be used in design. Task 3: Preliminary Design This task will progress the major design elements to an overall 30% level, and perform specific activities to support this design level. The preliminary design effort will include modifying the design concept based on agency, WSDOT and stakeholder input. Documentation of the Preliminary Design task will include the preparation of preliminary WSDOT channelization plans and 30% plans addressing roadway, grading, drainage, utilities and landscaping layout. Task 4: Environmental Documentation The purpose of the Environmental Documentation Task is to ensure that the project complies with all applicable requirements of the National Environmental Policy Act (NEPA) and of the Washington State Environmental Policy Act (SEPA), and that the regulatory permits and approvals required to construct the project are identified and secured, all within a timeframe that will allow the project to proceed on schedule. CA.G Page 66 of 116 AUBURN WAY SOUTH PEDESTRIAN IMPROVEMENTS – DOGWOOD ST SE TO FIR ST SE CONSULTANT SCOPE OF WORK SUMMARY PAGE 2 OF 3 Task 5: Agency, Stakeholder, Tribal, and Community Coordination This task consolidates agency, stakeholder, Tribal, and public consultation and coordination required for the engineering design process and for compliance with NEPA, SEPA and Section 106 of the National Historic Preservation Act. Work to be performed under this task also includes general administrative coordination with the key project review agencies and affected utility companies, as well as detailed technical coordination to obtain engineering review and approval of project technical work as applicable. Task 6: Right of Way This task includes preparing right-of-way plans and assisting the City with preparation of the right-of- way certification document required by WSDOT. The City will prepare permanent easement documents for two parcels which are owned by the Muckleshoot Indian Tribe for which the tribe will donate the required easements at no cost to the City. Task 7: Contract Drawings This final design task progresses the design from 30% level to preparing the 70% contract drawings for review, the 95% contract drawings for review, a 99% check set of the contract drawings and 100% (bid ready) contract drawings. Task 8: Geotechnical Engineering This scope of work does not include geotechnical engineering services. It is anticipated that, if needed, the results of the geotechnical engineering services performed for Project No. CP1119 (Auburn Way South Corridor Improvements, Fir St SE to Hemlock St SE) will be utilitied for this project design. Task 9: Specifications The Consultant will develop the technical and general specifications based on the WSDOT/APWA 2012 Standard Specifications and the City’s standard special provisions for the contract documents as applicable to the project design. Task 10: Cost Estimating The Consultant will prepare an engineer’s estimate for the project at the 30%, 70%, 95%, 99% and final levels of completion. Task 11: Services During Bidding As requested by the City, the Consultant will provide assistance to the City during the advertisement and award of the project as follows: • Response to Technical Bidder questions • Development of Technical Addendums Task 12: Construction Record Drawings The Consultant will prepare Construction Record Drawings for the project, incorporating the inspector’s report and records, as required, and the redlined markups of construction drawings. Total Consultant Agreement (not to exceed) = $185,000 CA.G Page 67 of 116 AUBURN WAY SOUTH PEDESTRIAN IMPROVEMENTS – DOGWOOD ST SE TO FIR ST SE CONSULTANT SCOPE OF WORK SUMMARY PAGE 3 OF 3 Task 13: Optional Services This work has not been estimated as part of the current agreement and would require an amendment to the contract. Construction Support Services As requested by the City, the Consultant will provide assistance to the City during the construction of the project as follows: • Review submittals • Provide written responses to Contractors Requests for Information CA.G Page 68 of 116 CA.G Page 69 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1119 Date: May 1, 2012 Department: Public Works Attachments: Budget Status Sheet Consultant Scope of Work Summary Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-422 with CH2M Hill for Engineering and Construction Services for Project No. CP1119, Auburn Way South Corridor Improvements, Fir St SE to Hemlock St SE. Background Summary: The purpose of this project is to design and construct improvements to the Auburn Way South corridor between Fir Street SE and Hemlock Street SE, including a five lane section of roadway with sidewalks, lighting, transit and storm improvements and a traffic signal at Hemlock Street SE. The City in partnership with the Muckleshoot Indian Tribe (MIT) was granted a Washington State Transportation Improvement Board (TIB) grant in the amount of $2,426,400. The City and MIT have entered into an agreement to design and construct improvements for the above-referenced project. MIT will provide the matching funds for the TIB grant equal to $606,600. City staff has selected CH2M Hill to provide design, bidding and right-of-way acquisition services for the above-referenced project and the anticipated consultant costs for this agreement is $380,000.00. The estimated total preliminary cost for this project is $3,033,849, of which $2,426,400 is funded by a TIB grant, $606,600 is funded by a local match by MIT, and $849 was budgeted in 2011 from the 102 Arterial Street Fund. O4.9.1 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy AUBURN * MORE THAN YOU IMAGINEDCA.H Page 70 of 116 Meeting Date:May 7, 2012 Item Number:CA.H AUBURN * MORE THAN YOU IMAGINEDCA.H Page 71 of 116 Project No: CP1119Project Title: Project Manager: Leah Dunsdon Consultant Agreement Initiation Date: August 1, 2011 Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance 1902 Funding Prior Years 20122013 Future Years Total 102 Fund - TIB Grant 8422,425,558 2,426,400 102 Fund - Muckleshoot Indian Tribe Funds211606,389 606,600 102 Fund - Unrestricted 849 849 Total1,9023,031,947003,033,849 Activity Prior Years 20122013 Future Years Total Design Engineering - City Costs1,90235,00125,00061,903 Design Engineering - Consultant Costs250,00080,000330,000 Property Acquisition - Consultant Costs50,000 50,000 Property Acquisition 174,150 174,150 BUDGET STATUS SHEET Auburn Way South Corridor Improvements - Fir St SE to Hemlock St SE Date:April 27, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Other - (VE Study)20,000 20,000 Construction Estimate 1,895,4751,895,475 Project Contingency (15%)284,321284,321 Construction Engineering - City Costs 150,000150,000 Construction Engineering - Consultant Costs 68,00068,000 Total1,902529,1512,502,79603,033,849 Prior Years 20122013 Future Years Total *102 Funds Budgeted ( )(1,902)(3,031,947)00(3,033,849) 102 Funds Needed 1,902529,1512,502,79603,033,849 *102 Fund Project Contingency ( )0(2,502,796)00(0) 102 Funds Required 002,502,79600 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Budget Status H:\PROJ\CP1119-AWS Fir to Hemlock\Budget\CP1119-BudgetStatusSheet.xls1 of 1CA.H Page 72 of 116 AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS – FIR ST SE TO HEMLOCK ST SE CONSULTANT SCOPE OF WORK SUMMARY PAGE 1 OF 3 CP1119 – Auburn Way South Corridor Improvements, Fir St SE to Hemlock St SE Project Summary Scope for Design, Bidding, and Right-of-Way Acquisition Services This Scope of Work is for the Auburn Way South Corridor Improvements, Fir St SE to Hemlock St SE Project. This scope includes survey and base mapping, preliminary engineering, environmental documentation and permitting, right of way services, geotechnical engineering, and final design (including plans, specifications, and estimates). Project Description The City’s Auburn Way South Corridor Improvements, Fir St SE to Hemlock St SE project will increase capacity and enhance pedestrian and motor vehicle safety. The project, which spans a distance of approximately 750 feet beginning at the intersection with Fir St SE and ending to the east of the intersection with Hemlock St SE, will construct a new 5-lane section of roadway with illumination, 10- foot wide sidewalks and storm drainage improvements. There will be 2 thru lanes in each direction and a center turn-lane with a u-turn/wedge and transit pullouts at Hemlock St SE. There will also be a new traffic signal at the intersection of Hemlock St SE and Auburn Way South. Task 1: Project Management This task will be continuous throughout the project duration, which is assumed to be 11 months. It will include the work necessary to set up and plan the entire project and establish project-specific procedures, including communication, overall project coordination with the City and project team, and project closeout. Task 2: Survey and Mapping This task involves field surveying within the project limits, collecting existing topographic features and producing a project basemap and Digital Terrain Model (DTM) to be used in design. Task 3: Preliminary Design This task will progress the major design elements to an overall 30% level, and perform specific activities to support this design level. The preliminary design effort will include modifying the design concept based on agency, WSDOT and stakeholder input. Documentation of the Preliminary Design task will include the preparation of preliminary WSDOT channelization plans and 30% plans addressing roadway, grading, drainage, utilities, landscaping and traffic signal layout. Task 4: Environmental Documentation The purpose of the Environmental Documentation Task is to ensure that the project complies with all applicable requirements of the Washington State Environmental Policy Act (SEPA), and that the regulatory permits and approvals required to construct the project are identified and secured, all within a timeframe that will allow the project to proceed on schedule. CA.H Page 73 of 116 AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS – FIR ST SE TO HEMLOCK ST SE CONSULTANT SCOPE OF WORK SUMMARY PAGE 2 OF 3 Task 5: Agency, Stakeholder, Tribal, and Community Coordination This task consolidates agency, stakeholder, Tribal, and public consultation and coordination required for the engineering design process and for compliance with SEPA and Section 106 of the National Historic Preservation Act. Work to be performed under this task also includes general administrative coordination with the key project review agencies and affected utility companies, as well as detailed technical coordination to obtain engineering review and approval of project technical work as applicable. Task 6: Right of Way This task includes the acquisition of property rights from five properties, including coordination, parcel calculations, right of way plans, parcel legal descriptions and maps, cost estimates, acquisition negotiation, escrow closing, and right-of-way certification. The City will prepare permanent easement documents for an additional six parcels which are owned by the Muckleshoot Indian Tribe for which the tribe has agreed to donate the required easements at no cost to the City. Task 7: Contract Drawings This final design task progresses the design from 30% level to preparing the 70% contract drawings for review, the 95% contract drawings for review, a 99% check set of the contract drawings and 100% (bid ready) contract drawings. Task 8: Geotechnical Engineering This scope of work covers geotechnical engineering services needed to support development of contract documents for the construction of potential infiltration facilities associated with the widening of Auburn Way South. Task 9: Specifications The Consultant will develop the technical and general specifications based on the WSDOT/APWA 2012 Standard Specifications and the City’s standard special provisions for the contract documents as applicable to the project design. Task 10: Cost Estimating The Consultant will prepare an engineer’s estimate for the project at the 30%, 70%, 95%, 99% and final levels of completion. Task 11: Services During Bidding As requested by the City, the Consultant will provide assistance to the City during the advertisement and award of the project as follows: • Response to Technical Bidder questions • Development of Technical Addendums Task 12: Construction Record Drawings The Consultant will prepare Construction Record Drawings for the project, incorporating the inspector’s report and records, as required, and the redlined markups of construction drawings. Total Consultant Agreement (not to exceed) = $380,000 CA.H Page 74 of 116 AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS – FIR ST SE TO HEMLOCK ST SE CONSULTANT SCOPE OF WORK SUMMARY PAGE 3 OF 3 Task 13: Optional Services This work has not been estimated as part of the current agreement and would require an amendment to the contract. Value Engineering Study If it is determined that a value engineering study is needed per the Transportation Improvement Board (TIB), the Consultant will review and respond to review comments provided by a value engineering study to be completed by others. It is assumed that the value engineering study would take place on the 30% design and would be complete prior to the 70% design effort beginning. Construction Support Services As requested by the City, the Consultant will provide assistance to the City during the construction of the project as follows: • Review submittals • Provide written responses to Contractors Requests for Information CA.H Page 75 of 116 CA.H Page 76 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6401 Date: May 1, 2012 Department: Finance Attachments: Ord 6401 clean Background Summary - agenda bill comparative billing Budget Impact: $0 Administrative Recommendation: City Council approve Ordinance No. 6401 Background Summary: See attached background summary. F4.3, O 3.11.2, O4.6.2, O4.8.3 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Coleman/Dowdy Meeting Date:May 7, 2012 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 77 of 116 ORDINANCE NO.6 4 0 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13.06.360, 13.20.440 AND 13.48.100 OF THE AUBURN CITY CODE RELATING TO UTILITY RATES WHEREAS, consistent with the responsibilities of the City to operate its utilities in a cost effective manner and in a manner reflective of the actual costs of operation, the City periodically reviews its utility rate structure to make sure that the rates are set in a manner appropriate for efficient fiscal operation; and WHEREAS, following such a rate review, it has been determined that the rates should be adjusted as indicated below. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to City Code. That Section 13.06.360 of the Auburn City Code is amended to read as follows: 13.06.360 Rates — Generally. follows: Base Charge per 700 Rate Gbio-- fe,,et (ccf) Single family residential $9.71 $1.93 0---7 ccf 36 7.01 15ccf 2.67 > 15 ccf 28.94 $2.02 Commercial $28.91 $2.30 28.91 $1.87 Schools $28.91 $2.18 Ordinance No. 6401 April 25, 2012 Page 1 ORD.A Page 78 of 116 Base Charges -per-140 Rate City accounts $28.91 $2.67 - Irrigation -oms $9 77 $2.67 Whole-sale Algona $15 71 $1.19 WD #111 and Covington $175.00 $0.91 1 5 mgd "take or pay" 1.16 summer over 1 5. mnrd winter over 1 5. mgd Effective as of January 1, 20-11, the monthly rates for water supplied by meter shall e as follows Base Charge -per 100 Rate Single-family-residential 10. 8 $2.06 cf 2,52 7.01 15 ccf 2.86 15 ccf 80.94 $2.16 Commercial $30.94 $2.16 30.94 $2.00 Schools $38-94 $2.33 City accounts $30.91 $2.86 tr-Figation -only $1011 $2.86 Wholesalelsalee 880 $1.60 9 - 2010 Rate X CP winter over 1 5 mqd Effective as of January 1, 2012, the monthly rates for water supplied by meter shall be as follows: Ordinance No. 6401 April 25, 2012 Page 2 ORD.A Page 79 of 116 Customer Class Base Rate Charge per 100 cubic feet (ccf) Single- family residential $11.09 $2.20 0 - 7 ccf 2.70 7.01 -15 ccf 3.06 >15 ccf Multifamily residential $33.07 $2.31 Commercial $33.07 $2.63 Manufacturing /industrial $33.07 $2.13 Schools $33.07 $2.49 City accounts $33.07 $3.06 Irrigation only $11.16 $3.06 Wholesale Algona $52.27 $1.71 WD # 111 and Covington $175.00 2011 Rate X CPI 1.5 mgd "take or pay" 2011 rate X CPI + $0.25 summer over 1.5 mdg 2011 rate X CPI winter over 1.5 mgd Effective as of June 1, 2012, the monthly rates for water supplied by meter shall be as follows: Customer Class Base Rate Charge per 100 cubic feet (ccf) Single- family residential $11.93 2.37 0 - 7 ccf 2.90 7.01 - 15 ccf 3.29 >15 ccf Multifamily residential $35.55 $2.48 Commercial $35.55 $2.83 Manufacturing /industrial $35.55 $2.30 Schools $35.55 $2.68 City accounts $35.55 $3.29 Irrigation only $12.00 $3.29 Wholesale Algona $56.17 $1.84 WD #111 $201.08 2011 rate X CPI 1.5 mod "take or pay" 2011 rate X CPI + $0.25 summer over 1.5 mgd Ordinance No. 6401 April 25, 2012 Page 3 ORD.A Page 80 of 116 2011 rate X CPI winter-over 1.5 mod Effective as of January 1, 2013, the monthly rates for water supplied by meter shall be as follows: Customer Class Base Rate Single- family residential Mi.iItifamilyresidential Commercial Manufacturing /industrial Shools City accounts Irrtigation only 1114holesale PPIgona 11.86$13.17 $2..35$2.61 2 -88 3.20 3.27$3.63 35.35$39.25 $2.47$2.74 35- 35$39.25 $2.81$3.12 35.35$39.25 $2.28$2.54 35.35$39.25 $2.66$2.96 35.35$39.25 $37$3.63 11.93$13.24 $37$3.63 Charge per 100 cubic feet (ccf) 0 — 7 ccf 7.01 — 15 ccf 15 ccf 55:87$62.02 $1. 82$2.03 WD # 111 -amen $175.00$221.99 Effective as of January shall be as follows: Customer Class Single- family residential Multifamily residential Commercial Manufacturing /industrial Schools City accounts Ordinance No. 6401 April 25, 2012 Page 4 2012 Rate -rate X CPI 1.5 mgd "take or pay" 2012 Raterate X CPI + $0.25 summer over 1.5 mgd 2012 Raterate X CPI winter over 1.5 mgd 1, 2014, the monthly rates for water supplied by meter Base Rate 12.6814.54 37.7943.33 37.7943.33 37.7913.33 37.7913.33 37.7913.33 Charge per 100 cubic feet (ccf) 2522.88 3.983.53 3.194.01 643.02 3- 003.45 2442.80 3.26 3-494.01 0 -7 ccf 7.01 — 15 ccf 15 ccf ORD.A Page 81 of 116 Irrigation only $-1-27-514.62 $3494.01 Wholesale Algona $59.7368.47 $- 1- &52.24 WD # 111 $175. 09245.07 2013 rate X CPI 1.5 mgd "take or pay" 2013 rate X CPI + $0.25 summer over 1.5 mdg 2013 rate X CPI winter over 1.5 mgd Effective as of January 1, 2015, the monthly rates for water supplied by meter shall be as follows: Customer Class Base Rate Charqe per 100 cubic feet (ccf) Single- family residential $15.05 $2.99 0 - 7 ccf 3.65 7.01 - 15 ccf 4.15 >15 ccf Multifamily residential $44.85 $3.13 Commercial $44.85 $3.57 Manufacturing /industrial $44.85 $2.90 Schools $44.85 $3.38 City accounts $44.85 $4.15 Irrigation only $15.13 $4.15 Wholesale Algona $70.86 $2.32 WD #111 $253.65 2014 rate X CPI 1.5 mqd "take or pay" 2014 rate X CPI + $0.25 summer over 1.5 mqd 2014 rate X CPI winter over 1.5 mqd Effective as of January 1, 2016, the monthly rates for water supplied by meter shall be as follows: Customer Class Base Rate Charge per 100 cubic feet (ccfl Single- family residential $15.57 Ordinance No. 6401 April 25, 2012 Page 5 3.09 0 -7ccf ORD.A Page 82 of 116 Multifamily residential $46.42 Commercial $46.42 Manufacturing /industrial $46.42 Schools $46.42 City accounts $46.42 Irrigation only $15.66 Wholesale Algona $73.34 WD #111 $262.53 3.78 7.01 - 15 ccf 4.29 >15 ccf 3.24 3.69 3.00 3.50 4.29 4.29 2.40 2015 rate X CPI 1.5 mqd "take or Lay 2015 rate X CPI + $0.25 summer over 1.5 mqd 2015 rate X CPI winter over 1.5 mqd Effective as of January 1, 2017, the monthly rates for water supplied by meter shall be as follows: Customer Class Base Rate Single- family residential $16.12 Multifamily residential $48.04 Commercial $48.04 Manufacturing /industrial $48.04 Schools $48.04 City accounts $48.04 Irrigation only $16.21 Wholesale Algona $75.91 WD # 111 $271.72 Ordinance No. 6401 April 25, 2012 Page 6 Charge per 100 cubic feet (ccf) 3.20 0 - 7 ccf 3.91 7.01 - 15 ccf 4.44 >15 ccf 3.35 3.82 3.11 3.62 4.44 4.44 2.48 2016 rate X CPI 1.5 mqd "take or pay" 2016 rate X CPI + $0.25 summer over 1.5 mqd 2016 rate X CPI winter over 1.5 mqd ORD.A Page 83 of 116 Provided, however, that 50 percent shall be added to all rates for water service outside the city limits. City of Auburn utility taxes are included in the monthly rate for all customers except wholesale accounts. Wholesale rates exclude the 50 percent out of city service charge and state excise taxes. 1 (Ord. 6286 § 1, 2010;Ord. 6204 § 1, 2008; Ord. 5898 § 2, 2005; Ord. 5876 § 2, 2004; Ord. 5849 § 1, 2004; Ord. 5789 § 2, 2003; Ord. 5712 § 2, 2002; Ord. 5669 § 2, 2002; Ord. 5664 § 2, 2002; Ord. 5618 § 2, 2002; Ord. 5291 § 2, 1999; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) Section 2. Amendment to City Code. That Section 13.20.440 of the Auburn City Code is amended to read as follows: 13.20.440 Rates and charges. A. Sewer Rates. The monthly sewer charge to city of Auburn sanitary sewer customers consists of two separate fees. Auburn sanitary sewer utility imposes a charge to maintain, expand and operate the utility's sewer conveyance facilities, and King County imposes a separate fee for the service King County provides. No charge shall be imposed by the city on the amount charged by King County, which amount the city shall pass directly onto the customer as the cost of the service that King County is providing. Single family residential rate in ide city lir City of Auburn monthly rate $12.15 nth 18. Commercial rate inside city limits per month for used-each-month; 12.15 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $1.23 ire Commercial rate -outside city limits per month for the first 750 comic Used each month Ordinance No. 6401 April 25, 2012 Page 7 ORD.A Page 84 of 116 18.22 Effective ae of January 1, 2011, Aubi City of Auburn monthly rote $13. 20. water used each month: Commercial rate outside city limit water used each month. 36 th for the first 750 cubic feet of 2.02 shall Effective as of January 1, 2012, Auburn's portion of the monthly sewer rates shall be as follows: Single- family residential rate inside city limits per month: City of Auburn monthly rate $14.70 Single- family residential rate outside city limits per month: City of Auburn monthly rate $22.05 Commercial rate inside city limits per month for the first 750 cubic feet of water used Ordinance No. 6401 April 25, 2012 Page 8 ORD.A Page 85 of 116 each month: City of Auburn monthly rate $14.70 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $1.48 Commercial rate outside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $22.05 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $2.23 Effective as of June 1, 2012, Auburn's portion of the monthly sewer rates shall be as follows: Single- family residential rate inside city limits per month: City of Auburn monthly rate $19.10 Single- family residential rate outside city limits per month: City of Auburn monthly rate $28.65 Commercial rate inside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $19.10 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $1.93 Commercial rate outside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $28.65 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $2.89 Effective as of January 1, 2013, Auburn's portion of the monthly sewer rates shall be as follows: Ordinance No. 6401 April 25, 2012 Page 9 ORD.A Page 86 of 116 Single- family residential rate inside city limits per month: City of Auburn monthly rate $16.1721.02 Single- family residential rate outside city limits per month: City of Auburn monthly rate $24.2531.53 Commercial rate inside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $16.1721.02 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $2.12 Commercial rate outside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $244531.53 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $2:453.8 Effective as of January 1, 2014, Auburn's portion of the monthly sewer rates shall be as follows: Single- family residential rate inside city limits per month: City of Auburn monthly rate $17.7823.12 Single- family residential rate outside city limits per month: City of Auburn monthly rate $26.6834.68 Commercial rate inside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $17.7823.12 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $1- 892.34 Commercial rate outside city limits per month for the first 750 cubic feet of water used each month: Ordinance No. 6401 April 25, 2012 Page 10 ORD.A Page 87 of 116 City of Auburn monthly rate $26.6834.68 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $2793.51 Effective as of January 1, 2015, Auburn's portion of the monthly sewer rates shall be as follows: Single- family residential rate inside city limits per month: City of Auburn monthly rate $23.69 Single- family residential rate outside city limits per month: City of Auburn monthly rate $35.53 Commercial rate inside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $23.69 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $2.39 Commercial rate outside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $35.53 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $3.58 Effective as of January 1, 2016, Auburn's portion of the monthly sewer rates shall be as follows: Single- family residential rate inside city limits per month: City of Auburn monthly rate $24.29 Single- family residential rate outside city limits per month: City of Auburn monthly rate $36.43 Commercial rate inside city limits per month for the first 750 cubic feet of water Ordinance No. 6401 April 25, 2012 Page 11 ORD.A Page 88 of 116 used each month: City of Auburn monthly rate $24.29 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $2.45 Commercial rate outside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $36.43 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $3.67 Effective as of January 1, 2017, Auburn's portion of the monthly sewer rates shall be as follows: Single- family residential rate inside city limits per month: City of Auburn monthly rate $24.89 Single- family residential rate outside city limits per month: City of Auburn monthly rate $37.33 Commercial rate inside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $24.89 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $2.52 Commercial rate outside city limits per month for the first 750 cubic feet of water used each month: City of Auburn monthly rate $37.33 Plus for each additional 100 cubic feet thereafter: City of Auburn monthly rate $3.78 The rates beginning the first full billing cycle. after January 1, 2003, reflect a 50 percent surcharge for single - family and commercial rates outside city limits. Commercial accounts will be allowed to average winter water consumption for the billing dates falling between December through May to determine the summer sewer Ordinance No. 6401 April 25, 2012 Page 12 ORD.A Page 89 of 116 rates for the billing dates falling between July and October. Said allowance shall be upon application and with appropriate justification that additional summer usage does not enter the sewer system. The months of November through June shall be billed per water used, at the rates noted above. Commercial accounts without city water service shall be charged at the rate as noted above for inside - the -city or outside - the -city commercial customers. The customer shall have installed an approved city water meter or other acceptable means of recording water use, by applying for a permit under ACC 13.06.050, which shall be read by the city to determine sewage charges on commercial private water systems. Commercial accounts that have industrial use of domestic water, and which water is not discharged into the sanitary sewer system, may request a deduct meter for the water that is not discharged to the sewer system. Sewer rates will not be applied to the water usage that is not discharged to the sanitary sewer system. Irrigation meters shall not be billed for sanitary sewer service. B. Permit Fees. Permit fees for side sewer repair, replacement, inspection, or tapping side sewers shall be as shown in the city of Auburn fee schedule Ord. 6286 § 2, 2010;Ord. 6034 § 3, 2006; Ord. 5852 § 1, 2004; Ord. 5819 § 2, 2004; Ord. 5713 § 2, 2002; Ord. 5314 § 1, 1999; Ord. 5302 § 1, 1999; Ord. 5212 § 1 (Exh. I), 1999; Ord. 5124 § 2, 1998; Ord. 5004 § 1, 1997; Ord. 4827 § 2, 1996; Ord. 4719 § 2, 1994; Ord. 4694 § 2, 1994; Ord. 4657 § 2, 1994; Ord. 4599 § 2, 1992; Ord. 4529 § 2, 1991; Ord. 4472 § 2, 1990; Ord. 4395 § 2, 1989; Ord. 4321 § 2, 1988; Ord. 4258 § 4, 1987.) Section 3. Amendment to City Code. Section 13.48.100 of the Auburn City Code is amended to read as follows: 13.48.100 Rates. The customer classes and rates below are based upon the cost of services provided by the storm utility. A. Effective as of January 1, 2010, the month) eNa, civ month, Nen-Single-Family Ordinance No. 6401 April 25, 2012 Page 13 F Base -Fate ESU Rate Per Mend, 4 .29/ES14 ORD.A Page 90 of 116 NSF w /Detention 2 82 NSF w /Detention and Water $8 82 Quality Treatment Quality Treatment service sic halll be: n1oRth 9-074E—SU 5.61/ESU 6.78/ESU 5.12 /ESU 3 21 /ESU Customer—Classes Non-Single-Family Quality Treatment Quality—Treatment Base-Rate Ref-Month ESU Gate Per Month 9 30 $9.561-ESU 940 $5.81 /ESU 940 $7.15 /ESU 9.30 40/ES 3.38/ES GA. Effective as of January 1, 2012, the monthly rates for storm drainage service shall be: 1. Single - Family Residential Parcels and Two - Family Residential Parcels. The single - family and two- family residential monthly charge shall be $14.95 per month. 2. Non - Single - Family Parcels (NSF). Ordinance No. 6401 April 25, 2012 Page 14 ORD.A Page 91 of 116 Base Rate Customer Classes Per Month ESU Rate Per Month Non - Single - Family $9.80 $12.54/ESU NSF w /Detention $9.80 $10.08 /ESU NSF w /Retention $9.80 $6.23 /ESU NSF w/Water Quality Treatment $9.80 $7.53 /ESU NSF w /Detention and Water $9.80 $5.69 /ESU Quality Treatment NSF w /Retention and Water $9.80 $3.57 /ESU Quality Treatment B. Effective as of June 1, 2012, the monthly rates for storm drainage service shall be: 1. Single - Family Residential Parcels and Two - Family Residential Parcels. The single- family and two- family residential monthly charge shall be $16.13 per month. 2. Non - Single - Family Parcels (NSF). Customer Classes Non - Single- Family Base Rate Per Month ESU Rate Per Month 10.03 $12.84/ESU NSF w /Detention $10.03 $10.32 /ESU NSF w /Retention $10.03 $6.38 /ESU NSF w/Water Quality Treatment $10.03 $7.71 /ESU NSF w /Detention and Water $10.03 $5.83 /ESU Quality Treatment NSF w /Retention and Water $10.03 $3.65 /ESU Quality Treatment I:)C. Effective as of January 1, 2013, the monthly rates for storm drainage service shall be: 1. Single - Family Residential Parcels and Two - Family Residential Parcels. The single - family and two- family residential monthly charge shall be $46.6017.41 per month. Ordinance No. 6401 April 25, 2012 Page 15 ORD.A Page 92 of 116 2. Non - Single - Family Parcels (NSF). Customer Classes Non - Single - Family NSF w /Detention NSF w /Retention NSF w/Water Quality Treatment NSF w /Detention and Water Quality Treatment NSF w /Retention and Water Quality Treatment Base Rate Per Month ESU Rate Per Month 45.3310.83 $43- 2213.85/ESU 4563310.83 $4- 066211.13/ESU 45.3310.83 $6476.88 /ESU 10.3310.83 $7948.32 /ESU 45.3310.83 $6:596.29/ESU 45.3310.83 $363.94 /ESU ED. Effective as of January 1, 2014, the monthly rates for storm drainage service shall be: 1. Single - Family Residential Parcels and Two - Family Residential Parcels. The single - family and two- family residential monthly charge shall be $17.5018.78 per month. 2. Non - Single - Family Parcels (NSF). Customer Classes Non - Single - Family $10.89$11.68 NSF w /Detention $10.89$11.68 NSF w /Retention $10.89$11.68 NSF w/Water Quality Treatment $10.89$11.68 NSF w /Detention and Water Quality Treatment NSF w /Retention and Water Quality Treatment Base Rate Per Month ESU Rate Per Month Ordinance No. 6401 April 25, 2012 Page 16 10.89$11.68 11.68 43.9314.95/ESU 912.01 /ESU 67.42/ESU 8.3-798/ESU 6.3278 /ESU 3. 964.25 /ESU ORD.A Page 93 of 116 E. Effective as of January 1, 2015, the monthly rates for storm drainage service shall be: 1. Single - Family Residential Parcels and Two - Family Residential Parcels. The single - family and two- family residential monthly charge shall be $19.25 per month. 2. Non - Single - Family Parcels (NSF). Base Rate Customer Classes Per Month ESU Rate Per Month Non - Single- Family $11.97 $15.32/ESU NSF w /Detention 11.97 $12.31/ESU NSF w /Retention $11.97 $7.61 /ESU NSF w/Water Quality Treatment $11.97 $9.21 /ESU NSF w /Detention and Water Quality Treatment NSF w /Retention and Water Quality Treatment F. 11.97 $6.95 /ESU 11.97 4.35 /ESU Effective as of January 1, 2016, the monthly rates for storm drainage service shall be: 1. Single - Family Residential Parcels and Two - Family Residential Parcels. The single - family and two- family residential monthly charge shall be $19.73 per month. 2. Non - Single - Family Parcels (NSF). Base Rate Customer Classes Per Month Non - Single- Family $12.27 NSF w /Detention $12.27 NSF w /Retention 12.27 NSF w/Water Quality Treatment 12.27 NSF w /Detention and Water Quality Treatment NSF w /Retention and Water Quality Treatment Ordinance No. 6401 April 25, 2012 Page 17 12.27 12.27 ESU Rate Per Month 15.71/ESU 12.62/ESU 7.80 /ESU 9.44 /ESU 7.13 /ESU 4.46 /ESU ORD.A Page 94 of 116 G. Effective as of January 1 2017, the monthly rates for storm drainage service shall be: 1. Single- Family Residential Parcels and Two - Family Residential Parcels. The single- family and two- family residential monthly charge shall be $20.22 per month. 2. Non - Single - Family Parcels (NSF). Base Rate Customer Classes Per Month ESU Rate Per Month Non - Single- Family 12.58 $16.10 /ESU NSF w /Detention $12.58 $12.93 /ESU NSF w /Retention 12.58 $8.00 /ESU NSF w/Water Quality Treatment $12.58 $9.67 /ESU NSF w /Detention and Water 12.58 $7.31 /ESUQualityTreatment NSF w /Retention and Water Quality Treatment 12.58 $4.57 /ESU The customer classes set forth in this subsection shall be applicable only if the qualifying on -site facilities have met applicable city standards upon installation, have received city approval of construction, and are in conformity with the applicable operations and maintenance standards. In the event that the city determines that the operation and maintenance standards are not being complied with, the customer class shall be determined to be that of non - single - family only, until operation and maintenance of said facilities meet city standards; whereupon, the customer being billed may reapply for system inspection, in writing, for reclassification to the previous class. The monthly charge for non - single - family parcels shall be based upon the following formula: BASE CHARGE + ( TNESU * RATE) = Storm Drainage Charge, where TNESU = Total number of equivalent service units contained on the parcel. An equivalent service unit has been determined to be 2,600 square feet of impervious surface, or any fraction thereof, as defined in ACC 13.48.110. FH. Developed Parcels. Only developed parcels containing impervious surfaces as defined in ACC 13.48.010 shall be charged. Ordinance No. 6401 April 25, 2012 Page 18 ORD.A Page 95 of 116 I Gi. Multiple Class Accounts. When a developed non - single - family parcel contains more than one customer class, the appropriate rate for each customer class will be calculated, and the aggregate total summed for billing. Ord. 6286 § 3, 2010;Ord. 6204 § 2, 2008; Ord. 5876 § 3, 2004; Ord. 5853 § 1, 2004; Ord. 5530 § 1, 2001; Ord. 5504 § 1, 2001; Ord. 5360 § 1, 2000; Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.) Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 5. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 6. 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 and as indicated herein. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS, MAYOR Ordinance No. 6401 April 25, 2012 Page 19 ORD.A Page 96 of 116 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Held, City Attorney Published: Ordinance No. 6401 April 25, 2012 Page 20 ORD.A Page 97 of 116 Background Summary: In mid-2011, the City initiated an update to the Utility Rate Study that was previously prepared in 2009. Study objectives: The objective of this update was to determine the sufficiency of forecasted revenues from rates to meet forecasted operating and capital expenses for each utility (water, sewer and storm water). In the event forecasted revenues were not sufficient, planned capital construction schedules were evaluated/revised and the annual change in rates for each utility was identified to generate the forecasted revenues necessary. The update covered the planning period 2012 through 2017. Key study assumptions: The following key assumptions were used in evaluating the forecasted operating and capital needs of each utility: Planned CIP projects were limited only to those necessary to preserve the safety and operational capability of the City’s current infrastructure and to address future system growth. Major capital projects planned in this study included: Water: Water supply project; Annual water repair/replacements; Well 1 improvements; Street utility improvements; Fulmer well field; Academy booster pump station; Meter billing system improvements; Well 5 upgrade. Sewer: Annual sewer repair/replacements; Street utility improvements. Stormwater: Annual pipeline repair/replacements; 30th Street NE area flooding phase 1; Levee removal; West Main Street pump station upgrade; and Street Utility improvements. Conservative assumptions of growth were used. Inflationary escalators were based on information provided by the King County Office of Economic Research. New revenue bonds to support the planned capital program were identified only after forecasted revenues from capital fund cash where system development charges were used. System reinvestment funding (depreciation funding) was phased in over a 10-year period starting 2015 for water and sewer and 2012 for storm water. System reinvestment funding is considered an industry best practice and will enable each utility to begin accumulating revenues from rates to fund the future replacement of utility infrastructure. Operating reserves were maintained to preserve cash flow flexibility as a result of daily operations, timing of utility billings, to fund utility debt service (revenue bonds as well as loans such as the Public Works Trust Fund loans), and to meet revenue bond debt service coverage requirements. ORD.A Page 98 of 116 Study process / Council review: Multiple study sessions to review the results of the study update were held with the City Council Public Works and Finance Committees starting October 2011 and concluding April 2012. During these meetings, the forecasted capital needs of each utility were evaluated and revised with discussion of the econometric factors affecting water and sewer rate revenues. Average monthly billings were evaluated against those of neighboring communities. Study outcome: In April 2012, the City Council Public Works and Finance Committees reviewed and approved adjustments to rates for each year 2012 through 2017 to fund the forecasted operating and capital needs of each utility. The following table provides a comparison of the proposed 2012 average single-family-residential (SFR) monthly billing under the adjusted rates for the City and current average monthly billings for selected neighboring jurisdictions. 2012 City of Auburn Utility Rate Study Update SFR Monthly Utility Billings / Inter-jurisdictional Comparison Water* Sewer Storm Total Kent: $37.86 Tukwila: $35.68 Renton: $35.19 Auburn: $29.97 Renton: $25.08 Tukwila: $19.27 Auburn: $19.10 Kent: $16.61 Auburn: $16.13 Kent: $11.57 Renton: $11.51 Tukwila: $8.50 Renton: $71.78 Kent: $66.04 Auburn: $65.20 Tukwila: $63.45 * based on 7.5ccf usage per month; all rates per 2012 schedules; City of Auburn rates effective June 1, Ord 6401 Adoption of attached Ordinance #6401 would implement the rates as reviewed and approved by the Council Public Works and Finance Committees. These rates would become effective June 1, 2012 with annual adjustments on January 1 of each year 2013 to 2017. At the request of the Council Public Works Committee, a detailed cost of service evaluation will be prepared during the remainder of 2012 to determine any shifts in the cost to service the City’s water, sewer and storm water customer classes. The cost of service analysis is expected to be completed by the end of 2012. ORD.A Page 99 of 116 2012 City of Auburn Utility Rate Study Update SFR Monthly Utility Billings Inter-jurisdictional Comparison Water Sewer Kent: $37.86 Tukwila: $35.68 Renton: $35.19 Auburn: $29.97 Auburn: $16.13 Kent: $11.57 Renton: $11.51 Tukwila: $8.50 Renton: $25.08 Tukwila: $19.27 Auburn: $19.10 Kent: $16.61 Stormwater Water billings based on 7.5CCF usage per month. All rates per 2012 schedules. Renton: $71.78 Kent: $66.04 Auburn: $65.20 Tukwila: $63.45 Total May 7, 2012 ORD.A Page 100 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4811 Date: April 4, 2012 Department: Police Attachments: Res 4811 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4811. Background Summary: The City of Auburn incurred expenses due to a severe winter storm that occurred in January 2012. The severity of the storm caused the Governor to declare a disaster that included King and Pierce Counties and to request a Presidential Disaster Declaration. This request was granted, making money available to local jurisdictions for reimbursement of storm related expenses. The Federal Government has approved reimbursement of 75% of local expenses and the State of Washington legislature may approve an additional 12.5% reimbursement. Reimbursement is expected to be approximately $250,000.00 based on the expenses the City has compiled. F5.2 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:May 7, 2012 Item Number:RES.0 AUBURN * MORE THAN YOU IMAGINEDRES.0 Page 101 of 116 RESOLUTION NO. 4 8 1 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, FORMALLY ACCEPTING A GRANT FROM THE STATE OF WASHINGTON, MILITARY DEPARTMENT IN AN AMOUNT NOT TO EXCEED EIGHTY SEVEN AND ONE HALF PERCENT (87.5 %) OF ELIGIBLE EXPENDITURES AS REIMBURSEMENT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE STATE OF WASHINGTON FOR EXPENSES INCURRED BY THE CITY OF AUBURN DURING THE JANUARY 2012 STORM EVENT WHEREAS, the City incurred expenses for emergency response activities related to a severe storm event in January 2012; and WHEREAS, the President of the United States declared a major disaster for that event, making available monetary assistance through the Federal Emergency Management Agency and the Washington State Legislature may include additional funds for said event in the 2012 State budget; and WHEREAS, the Washington State Military Department, Emergency Management Division will approve payment to the City of Auburn in an amount not to exceed Eighty Seven and One Half Percent (87.5 %) from both sources. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Auburn City Council does hereby accept the Washington State Military Department, Emergency Management Division offer of a grant in an amount not to exceed Eighty Seven and One Half Percent 87.5 %) as reimbursement of expenses incurred during the January 2012 storm event. Resolution No. 4811 April 3, 2012 Page 1 of 2RES.0 Page 102 of 116 Section 2. Implementation. The "Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section. 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS DAY OF , 2012. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam City Clerk APP ! D AS TO FORM: aniel B. He! City Attorney Resolution No. 4811 April 3, 2012 Page 2 of 2RES.0 Page 103 of 116 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4812 Date: April 30, 2012 Department: Public Works Attachments: Res 4812 Clean Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4812. Background Summary: Resolution No. 4812 authorizes the City of Auburn to enter into an Interlocal Agreement with the City of Sumner for the design and construction of the East Valley Highway Resurfacing Project. This project will resurface East Valley Highway from Forest Canyon Rd in Sumner to the King/Pierce County Boundary in Auburn excluding the portion between the East Valley Access Road and 60th St SE (see attached map). O4.9 This project received a federal grant in the summer of 2009 and the City of Sumner is the lead agency responsible for the design and construction of the project. Design work is nearly complete and construction is anticipated to start early this Summer. The project is funded by a $1,443,223 Federal Highway Surface Transportation Program ("STP") grant and $194,836 of local agency matching funds. The City of Auburn is providing an estimated $42,864 of the matching funds with Sumner providing the remaining $151,972. $60,000 is currently budged in the 105 (Arterial/Collector Street Pavement Preservation) fund for this project. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 7, 2012 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 104 of 116 AUBURN * MORE THAN YOU IMAGINEDRES.A Page 105 of 116 RESOLUTION NO. 4812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF SUMNER TO DESIGN AND CONSTRUCT THE EAST VALLEY HIGHWAY RESURFACING PROJECT WHEREAS, the Cities of Auburn and Sumner share a common community interest in resurfacing East Valley Highway starting at Forest Canyon Road in Sumner and ending at the boundary line for King and Pierce County in Auburn (excluding the portion between East Valley Access Road and 60th Street SE); and WHEREAS, the Federal Highway Administration Surface Transportation Program ( "STP ") has provided a grant to both the Cities of Auburn and Sumner in the amount of $1,443,223 to improve these sections of East Valley Highway; and WHEREAS, the required local matching funds of 13.5% of the federal funds (or $194,836) are to be provided by both Cities; and WHEREAS, the City of Auburn has requested that Sumner assume lead agency responsibility for the design and construction of the Project since the majority of the project is in Sumner's jurisdiction; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4812 April 25, 2012 Page 1 of 3 RES.A Page 106 of 116 Section 1. The City of Sumner will utilize its federal and state certification acceptance (CA) authority to administer any funds that may be awarded to the City of Auburn and the City of Sumner for the purpose of the improvements to East Valley Highway in accordance with the interlocal agreement authorized by this Resolution. Section 2. The City of Auburn recognizes that, while a portion of the project site is located in the City of Auburn, the City of Sumner will be lead agency for the project on the behalf of the City of Auburn. Section 3. The Mayor is hereby authorized to execute an interlocal agreement between the Cities of Auburn and Sumner and to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2012. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 4812 April 25, 2012 Page 2 of 3 RES.A Page 107 of 116 ATTEST: Danielle E. Daskam, City Clerk Resolution No. 4812 April 25, 2012 Page 3 of 3 RES.A Page 108 of 116 INTERLOCAL AGREEMENT FOR DESIGN AND CONSTRUCTION OF THE EAST VALLEY HIGHWAY RESURFACING PROJECT THIS AGREEMENT is entered into pursuant to RCW 39.34, the Interlocal Cooperation Act, between the CITY OF SUMNER, a Washington municipal corporation, located and doing business at 1104 — Maple Street, Sumner, Washington 98390 ( "Sumner "), and the CITY OF AUBURN, a Washington municipal corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ( "Auburn "), together referred to as the "Parties ", for the purpose of resurfacing East Valley Highway. RECITALS WHEREAS, the Parties have agreed to resurface East Valley Highway starting at Forest Canyon Rd and ending at the boundary line for King and Pierce County excluding the newer portion between East Valley Access Road and 60th Street SE (Project). WHEREAS, the Federal Highway Administration Surface Transportation Program ( "STP ") has provided a grant in the amount of $1,443,223 for the design and construction of the Project; and WHEREAS, STP requires the Parties to collectively provide local matching funds of 13.5% of the federal funds or $194,836; and WHEREAS, the Project will be located within the boundaries of Auburn and Sumner and will serve both jurisdictions; and WHEREAS, Auburn has requested that Sumner, as a state CA (Certified Acceptance) qualified agency, assume lead agency responsibility for the design and construction of the Project and Sumner is willing to assume lead agency responsibility for the design and construction of the Project. NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS: AGREEMENT A. SUMNER'S ROLE IN THE COMPLETION OF THE DESIGN AND CONSTRUCTION FOR THE EAST VALLEY HIGHWAY RESURFACING PROJECT 1. Sumner shall assign a Project Manager ( "PM ") to manage the Project through design and construction. Sumner shall keep Auburn advised of the Project status by providing Interlocal Agreement — Cities of Sumner and Aubum East Valley Highway Resurfacing Page: Page 1 of 7 RES.A Page 109 of 116 Auburn with quarterly updates during the design phase and monthly updates during construction phase, summarizing project progress. 2. Sumner shall work with Auburn, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. 3. Sumner shall accept lead agency responsibilities for receipt and administration of the 1,443,223 STP grant for the Project. 4. Sumner shall be responsible for the completion of all design and construction work for the Project including preparation of plans and specifications to City of Sumner Standards within Sumner jurisdiction and City of Auburn Standards within Auburn jurisdiction. 5. Sumner shall be responsible for all Project coordination, including grant compliance and the coordination necessary with all affected agencies, as required. 6. Sumner shall determine and utilize its staff resources or professional services as necessary for implementation and completion of the Project. 7. Sumner's share of the $194,836 matching funds is $151,972, and Sumner shall provide any additional funds necessary to complete that portion of work falling within Sumner's corporate City limits in accordance with Section C(1) below. B. AUBURN'S ROLE IN THE COMPLETION OF THE DESIGN AND CONSTRUCTION FOR THE EAST VALLEY HIGHWAY RESURFACING PROJECT 1. Auburn shall assign a contact person to coordinate with Sumner's PM during the life of the Project. 2. Auburn shall work with Sumner, expeditiously and in good faith, to develop administrative procedures necessary to achieve the smooth progress of the Project. 3. Auburn authorizes Sumner to be the lead agency for receipt and administration of the federal $1,443,223 STP grant for the Project. 4. Auburn hereby grants Sumner and its agents the right to work in Auburn's right of way for all phases of work, including design, environmental or other approvals, and construction. Sumner shall ensure that its contractors comply with the provisions of Chapter 12.66 of the Auburn City Code; provided, however, that no separate permit to work in the right of way shall be required. Sumner shall provide Auburn at least 10 Interlocal Agreement — Cities of Sumner and Aubum East Valley Highway Resurfacing Page: Page 2 of 7 RES.A Page 110 of 116 calendar days advanced notice before its contractors begin work or implement traffic control measures in Auburn's right of way. Sumner shall ensure that its contractors do not implement traffic control measures in Auburn's right of way without a traffic control plan that has been approved by Auburn. 5. Auburn shall work expeditiously to remove any encroachments in the right of way within Auburn's jurisdiction such that the Project is not delayed. 6. Auburn shall notify Sumner of any committed projects that may change the scope of the Project. Auburn shall keep Sumner up to date with the status of such projects on a monthly basis. 7. Auburn's share of the $194,836 matching funds is $42,864, and Auburn shall provide any additional funds necessary to complete that portion of work falling within Auburn's corporate City limits in accordance with Section C(1) below. 8. To support Sumner's financial management of the Project, Auburn, in its effort to meet Project obligations herein, shall not request reimbursement from Project funds for Auburn's costs in support of the Project without prior written consent from Sumner. C. MISCELLANEOUS 1. Fundin . a) Additional Funding. Should additional funding be required, the Parties agree that each party is responsible for the additional funds required to perform the work falling within its corporate city limits; unless, however, it is work necessary for the Project as a whole, then the costs for such work will be apportioned at a rate of 78% for the City of Sumner and 22% for the City of Auburn. Furthermore, Sumner shall not allow its contractors to perform any work that will obligate Auburn to pay more than $60,000 in total matching funds unless this Agreement is modified, by amendment, duly signed and authorized by each party. b) Delay Costs. Should additional costs be incurred due to delay of the project, the party to whom the delay is attributable shall be responsible for all costs associated to the delay. If any additional delay costs cannot be attributed to a specific party, then any such cost will be apportioned at a rate of 78% for the City of Sumner and 22% for the City of Auburn. Furthermore, Sumner shall not allow its contractors to perform any work that will obligate Auburn to pay more than $60,000 in total matching funds unless this Interlocal Agreement — Cities of Sumner and Aubum East Valley Highway Resurfacing Page: Page 3 of 7 RES.A Page 111 of 116 Agreement is modified, by amendment, duly signed and authorized by each party. 2. Termination. Either party may terminate this Agreement, prior to Sumner's award of a construction contract, upon thirty (30) days written notice to the other party. Termination after Sumner's award of a construction contract shall only be granted if both parties agree to the termination and all costs incurred to terminate are born by the terminating party. For the purposes hereof, the "Termination Date" shall be the thirtieth (30th) day after receipt of the termination notice, provided that upon receipt of a termination notice, all work on this Agreement shall cease, except as agreed to by the parties. Under no circumstances will either party be reimbursed for services rendered after the Termination Date. 3. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party. 4. Severability. If any one or more of the sections, subsections, clauses or sentences of this Agreement is /are held to be unconstitutional or invalid, that unconstitutionality or invalidity shall not affect the validity of the remaining sections, subsections, clauses or sentences of this agreement, and the remainder shall remain in full force and effect. 5. Entire Agreement. This Agreement and any attached exhibits hereto contain the entire agreement between the parties. Should any language in any exhibit to this Agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. Written provisions and terms of this Agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either party, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. 6. Indemnification. Sumner shall defend, indemnify and hold Auburn, its officers, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising from or in connection with the design or construction of the Project, but only to the extent of Sumner's negligence or comparative fault. Auburn shall defend, indemnify and hold Sumner, its officers, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising from or in Interfocal Agreement — Cities of Sumner and Aubum East Valley Highway Resurfacing Page: Page 4 of 7 RES.A Page 112 of 116 connection with the design or construction of the Project, but only to the extent of Auburn's negligence or comparative fault. 7. Project Coordination, Dispute Resolution and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If a dispute arises from or relates to this Agreement or the breach thereof, resolution of the dispute shall be as follows: a) attempted through direct discussions as follows: (1) Auburn's designated contact person and Sumner's designated Project Manager Shall make every effort to identify the problem(s) and resolve issues at their level to the satisfaction of both parties; 2) Should they fail to resolve the disputed issue, then the Sumner Project Manager, in coordination with Auburn's desinated contact person, shall attempt to narrow the issue in dispute for consideration by the Public Works Directors of Auburn and Sumner. The Public Works Directors shall determine if the dispute can be resolved through negotiations. (3) If they are unable to resolve the dispute, then the Public Works Directors shall each select, in addition to Sumner's PM and Auburn's contact person, one additional representative from among its employees who, together shall form a dispute resolution panel to resolve the dispute. (4) Should the dispute resolution panel be unable to settle any difference or claim arising from the parties' performance of this Agreement or the breach thereof through direct discussions, then the procedures as set forth in the ensuing paragrap (b) shall be employed as the means for resolving the dispute. b) The parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies. The mediator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. Following mediation, or upon written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be resolved by filing suit exclusively under the venue, rules and jurisdiction of the Pierce County Superior Court, Pierce County, Washington. In any claim or lawsuit for Interlocal Agreement — Cities of Sumner and Aubum East Valley Highway Resurfacing Page: Page 5 of 7 RES.A Page 113 of 116 damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 7 of this Agreement. 8. Written Notice. Unless notified to the contrary, all communications regarding this Contract shall be sent to the parties as follows: Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract or such other address as may be hereafter specified in writing. Interlocal Agreement — Cities of Sumner and Aubum East Valley Highway Resurfacing Page: Page 6 of 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CITY OF SUMNER: CITY OF AUBURN: Insert Name of City Rep. to Receive Notice] Seth Wickstrom City of Sumner City of Auburn 1104 Maple Street 25 West Main Street Sumner, WA 98390 Auburn, WA 98001 Insert Telephone Number] (telephone) 253)931 -3010 (telephone) Insert Fax Number] (facsimile) 253)931 -3053 (facsimile) Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract or such other address as may be hereafter specified in writing. Interlocal Agreement — Cities of Sumner and Aubum East Valley Highway Resurfacing Page: Page 6 of 7 RES.A Page 114 of 116 D. AGREEMENT EXECUTION AGREED TO ON THIS DAY OF 2011. THE CITY OF Sumner: THE CITY OF AUBURN: DAVE L. ENSLOW, MAYOR PETER B. LEWIS, MAYOR APPROVED BY SUMNER CITY COUNCIL MOTION ON APPROVED BY AUBURN CITY COUNCIL MOTION ON ATTEST: ATTEST: SEAL) (SEAL) TERRI BERRY DANIELLE DASKAM SUMNER CITY CLERK AUBURN CITY CLERK APPROVED AS TO FORM: APP : D AS TO FORM: BRETT C. VINSON D'" L B. SUMNER CITY ATTORNEY AUBURN CITY ATTORNE Interlocal Agreement — Cities of Sumner and Aubum East Valley Highway Resurfacing Page: Page 7 of 7 RES.A Page 115 of 116 RES.A Page 116 of 116