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HomeMy WebLinkAbout07-02-2012 Agenda Packet City Council Meeting July 2, 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. Appointment to the Arts Commission City Council to confirm the appointment of Alan Abdulkader to the Arts Commission for a three year term expiring December 31, 2014. (ACTION REQUESTED: City Council to confirm appointment of Alan Abdulkader to the Arts Commission for a term expiring December 31, 2014.) 2. Appointment to Parks and Recreation Board City Council to confirm the appointment of Laura Keim to the Parks and Recreation Board for a three year term expiring December 31, 2014. (ACTION REQUESTED: City Council confirm the appointment of Laura Keim to the Parks and Recreation Board for a term expiring December 31, 2014.) 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. June 25, 2012 Minutes* (Peloza) Page 1 of 106 B.Planning & Community Development 1. June 25, 2012 Minutes* (Backus/Snyder) C.Public Works 1. June 18, 2012 Minutes* (Wagner) D.Finance 1. June 18, 2012 Minutes* 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 June 18, 2012 regular meeting* B. Claims Vouchers (Partridge/Coleman) Claims check numbers 414555 through 415141 in the amount of $1,506,474.58 and dated July 2, 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533008 through 533052 in the amount of $273,877.81 and electronic deposit transmissions in the amount of $1,232,123.98 for a grand total of $1,506,001.79 for the period covering June 14, 2012 to June 27, 2012. D. Public Works Project No. CP1206* (Wagner/Dowdy) City Council award Contract No. 12-10, to Puget Paving and Construction, Inc. on their low bid of $1,261,713.50 for Project No. CP1206, 2012 Pavement Patching, Chipseal and Overlay Project E. Public Works Project No. CP1121* (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. CP1121 - 2011/2012 Citywide Sidewalk Repair Project. F. Public Works Project No. CP1201* (Wagner/Dowdy) City Council award Contract No. 12-08, to SCI Infrastructure, LLC on their low bid of $1,200,811.00 plus Washington State Sales Tax of $30,286.86 for a total contract price of $1,231,167.86 for Project No. CP1201, 2012 Local Street Pavement Reconstruction Project. G. Public Works Project No. EM0902* (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. EM0902, Temporary Flood Control Barrier Removal Project. H. Public Works Consultant Agreement No. AG-C-415 (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-415 with HDR Engineering Inc. for Engineering Services for the Water Utility Meter and Billing System Improvements Project Page 2 of 106 I. Public Works Banner Pole Repair Project (Wagner/Dowdy) City Council grant permission to initiate the Banner Pole Repair Project located at East Main Street and B Street NE (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.RESOLUTIONS A. Resolution No. 4828* (Peloza/Faber) A resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the cultural development authority of King County ("4Culture") and authorizing the Mayor and City Clerk to execute the necessary contracts to accept said funds (ACTION REQUESTED: City Council adopt Resolution No. 4828.) B. Resolution No. 4829* (Partridge/Heid) A Resolution of the City Council of the City of Auburn, Washington, expressing its support for voter approval of the Valley Regional Fire Authority proposition to continue a voter-authorized benefit charge each year for an additional six (6) years PROPOSITION NO. 1 VALLEY REGIONAL FIRE AUTHORITY Shall Valley Regional Fire Authority, serving the communities of Algona, Auburn and Pacific, be authorized to continue voter-authorized benefit charges each year for six years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under RCW 52.26.140(1)(c)? (ACTION REQUESTED: City Council adopt Resolution No. 4829.) C. Resolution No. 4830* (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 King County for the completion of the Emergency Flood Protection Measures Project (ACTION REQUESTED: City Council adopt Resolution No. 4830.) VIII. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor Page 3 of 106 IX.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 4 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: June 25, 2012 Minutes Date: June 26, 2012 Department: Police Attachments: June 25, 2012 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:July 2, 2012 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 106 Municipal Services Committee June 25, 2012 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 W. Main Street, Auburn, WA. A. Roll Call Members present: Chair Peloza, Vice Chair Osborne, Member Wales. Staff present: Mayor Pete Lewis, Councilmember John Holman, Chief of Police Bob Lee, Parks, Arts and Recreation Director Daryl Faber, Finance Director Shelley Coleman, Planning Manager Elizabeth Chamberlain, Solid Waste and Recycling Supervisor Joan Nelson, and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick. B. Announcements C. Agenda Modifications The June 25, 2012, Municipal Services Committee meeting agenda published on Friday, June 22, 2012, was modified to reflect the following: Action Item III.A- Exhibit "A" (contract with 4Culture) for Resolution No. 4828 was included for action; Discussion Item IV.A was removed from the meeting agenda. II. CONSENT AGENDA A. June 11, 2012 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Wales seconded the motion. MOTION PASSED: 3-0 III. ACTION A. Resolution 4828 (Faber) A resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant in the amount of $17,000 per annum for the 2012 cycle from the cultural development authority of King County ("4Culture") and authorizing the Mayor and City Clerk to execute the necessary contracts to accept said funds. Page 1 of 3 MS.1 Page 6 of 106 Vice Chair Osborne moved to forward Resolution No. 4828 to full Council for consideration. Member Wales seconded. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. GRCC/Airport Negotiations (Coleman) Chair Peloza advised that this item was removed from the agenda. B. Solid Waste Working Capital Review (Coleman) Director Coleman provided a review on the Solid Waste Working Capital - reporting information on the rate study and the overall health of the fund. The April 2012 working capital statement shows an ending working capital of $733,000 and a $100,000 increase in working capital over the first four months of the year. The 2010 rate study was based upon a customer mix and service levels on a specific date. As such, the Finance Department recommends the rate study be revisited and updated in the fall based upon anticipated changes in commercial service levels and the addition of between 250-350 new Pierce County residential accounts. C. Matrix The following changes were made to the matrix: Item 20P: The lead for this project was changed to Planning & Development Director Kevin Snyder. Review date set for 7/9/12. Item 28P: The review date was updated to 7/23/12. Item 30P: The review date was moved forward to 10/8/12. The status was updated to reflect the following: (1) deletion of first sentence; (2) addition of "Public Works" in the second sentence; and (3).... Item 32P: This item is removed from the matrix. V. ADJOURNMENT The meeting was adjourned at 4:04 p.m. The next meeting of the Municipal Services Committee is Monday, July 9, 2012 at 3:30 p.m. in Conference Room 3, City Hall, 25 W. Main Street, Auburn, WA. Signed this ____________ day of July, 2012. _______________________ ________________________ Bill Peloza, Chair Terry Mendoza Page 2 of 3 MS.1 Page 7 of 106 Police Secretary/Scribe Page 3 of 3 MS.1 Page 8 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: June 25, 2012 Minutes Date: June 27, 2012 Department: Planning and Development Attachments: Draft June 25, 2012 PCDC Minutes Budget Impact: $0 Administrative Recommendation: For information only, see attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Snyder Meeting Date:July 2, 2012 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 9 of 106 Planning and Community Development June 25, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of the One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Back, Vice-Chair John Partridge, and Member John Holman were present. Also present were Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Parks, Arts and Recreational Director Daryl Faber, Finance Director Shelley Coleman, Economic Development Manager Doug Lein, Economic Development Planner William Thomas, Principal Planner Jeff Dixon, and Planning Secretary Tina Kriss. Members of the public present were: Councilmember Wagner, Councilmember Osborne, Ashley Gonski, Scot Pondelick, and David Clark, AIA. B. Announcements 1. Presentation (Snyder) Ashley Gonsky - Washington State University (WSU) Project Citizen Survey Councilmember Wagner introduced Arizona State University graduate student Ashley Gonsky to provide a presentation on the Washington State University (WSU) Project Citizen Survey. In 2010 WSU junior architect students participated in a project to design buildings for the Auburn Environmental Park (AEP) district; emphasizing "Green Aesthetics". Ms. Gonsky stated the AEP is about new, clean business and preservation of sensitive environmental areas. Along with Green Aesthetics the goal of the AEP is to provide environmental educational and recreational opportunities to inspire the citizens of Auburn. In an effort to bring quantification to what the Citizens understand or think about "Green Aesthetics", Ms. Gonsky conducted a survey of 60 citizens ranging in age from 30 to 80 years old. A majority of the people surveyed wanted more manufacturing within the district. The other survey responders wanted small businesses in the district for shopping similar to downtown. Some supported residential because of location and transportation accessability. Page 1 of 4 PCD.1 Page 10 of 106 Ms. Gonsky felt the question, "Is manufacturing within the district appropriate", was limited and if a broader question was asked survey responders may have chose mixed-use zoning. In her opinion Ms. Gonsky believes mixed-use zoning was appropriate for the AEP District as it provides direct application to the ideas of a manufacturing village and how, under one site, buildings can be placed with multiple varieties of functions that are appealing to the public. Citizens preferred smaller, modest buildings as these would be consistent with Auburn's aesthetics. The ability to see the cost and where dollars were spent to improve the quality of life through green aesthetics was of concern to those surveyed. Buildings blending with the environment and including a water attachment system and more green design were the favorite projects chosen. Water preservation and management was an important part of the projects to citizens. Brick was the material citizens thought would preserve the historical element of Auburn, and wood was the No. 1 recyclable building material chosen by the citizens. Citizens preferred keeping the landscape natural with increased wetland plantings to encourage walking the site. One goal of the WSU project was to provide information to aid planners in creating a series of design standards/guidelines and zoning codes to support the AEP district. The survey will assist staff in understanding what citizens feel is important and aid in the process. Ms. Gonsky stated placement through green aesthetics will benefit the AEP District and provide real potential for the City of Auburn. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - June 11, 2012 (Snyder) Vice-Chair Partridge moved and Member Holman seconded to approve the June 11, 2012 minutes as written. Motion Unanimously Carried. 3-0 III. ACTION A. Resolution 4828 (Faber) A resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the cultural development authority of King County ("4Culture") and authorizing the Mayor and City Clerk to execute the necessary contracts to accept said funds. Vice-Chair Partridge moved and Member Holman seconded to forward Resolution No. 4828 to full City Council for approval. Page 2 of 4 PCD.1 Page 11 of 106 Motion Carried Unanimously. 3-0 IV. DISCUSSION ITEMS A. May 2012 Sales Tax Summary (Coleman) Finance Director Shelley Coleman provided a sales tax overview explaining what the different economic sectors within the city are and how much each sector contributes to sales tax. Certain sectors have benefited from incentives passed by City Council to enhance and attract businesses within the City in certain sectors. This review may aid in determining if other areas would benefit from those enhancements. Retail trade is the No. 1 sector of sales tax revenue with services, automotive, construction, wholesale trade, manufacturing, and transportation/warehousing following in descending order. Previous incentives have been focused on the manufacturing sector; providing an increase in employment numbers. Committee and staff reviewed the top economic sectors and how those tax revenues are provided. B. 2012 Annual Comprehensive Plan Amendments (Dixon) Principal Planner Jeff Dixon reviewed the upcoming 2012 Annual Comprehensive Plan Amendments. The City will be processing city - initiated amendments, both policy/text and map amendments. Private proposals, privately-initiated Comprehensive Plan amendment applications, were accepted by the City of Auburn until Friday, June 8, 2012. Two private - initiated map amendments have been submitted. Principal Planner Dixon reviewed the draft 2012 Comprehensive Plan Amendment schedule staff will be using to review and process those amendments over the next six (6) months. C. Director's Report (Snyder) Planning Director Kevin Snyder updated Committee on Planning activities. There are three public hearings scheduled for the July 3, Planning Commission meeting. D. PCDC Status Matrix (Snyder) There were no changes or additions requested for the matrix. Page 3 of 4 PCD.1 Page 12 of 106 V. ADJOURNMENT There being no further business to come before Committee, the meeting was adjourned at 5:57 p.m. DATED THIS ___________ DAY OF ______________, 2012. ___________________________________ _____________________________ Nancy Backus - Chair Tina Kriss - Planning Secretary Page 4 of 4 PCD.1 Page 13 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: June 18, 2012 Minutes Date: June 27, 2012 Department: Public Works Attachments: June 18, 2012 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:July 2, 2012 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 14 of 106 Public Works Committee June 18, 2012 - 3:30 PM Annex Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington, 98002. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Engineering Aide Amber Mund, Traffic Engineer Pablo Para, Construction Manager Larry Dahl, Principal Planner Jeff Dixon, citizen Scot Pondelick, and Public Works Secretary Jennifer Rigsby. 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 minutes of the June 4, 2012 Public Works Committee Meeting. Motion Carried Unanimously. 3-0. B. Right-of-Way Use Permit No. 12-15 (Mund) The Committee decided to table the motion to approve the amendment to Right-of-Way Use Permit No. 12-15 for the Parks and Recreation Department ArtRageous, postponing it temporarily until the next Public Works Committee meeting, July 2, 2012. Engineering Aide Mund explained that the Parks, Arts and Recreation Department has requested an amendment to their previously Page 1 of 9 PW.1 Page 15 of 106 approved permit. The amendment includes the closure of E Main Street between Auburn Avenue and Auburn Way. The Committee discussed children participating in the event having to cross Auburn Avenue to reach activities on E Main Street. Engineering Aide Mund stated that the Parks, Arts, and Recreation Department will have staff members at the intersection to ensure participants are obeying the cross walk signs. Chairman Wagner asked to temporarily postpone action on the item and asked that Parks, Art, and Recreation Department staff attend the next Public Works Committee Meeting to discuss the event activities, following a question asked by Member Osborne. The Committee concurred. III. RESOLUTIONS A. Resolution No. 4797 (Mund) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Amendment to the Public Way Agreement No. 08-03 Between the City of Auburn and MCI Communications Services, Inc. Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council adopt Resolution No. 4797. Engineering Aide Mund stated that MCI has an agreement for facilities in the Union Pacific Railroad right-of-way, which crosses the City’s right-of-way, and it is expiring. The amendment is to manage all of the facilities under the existing current agreement with the City. The Committee and Engineering Aide Mund reviewed the vicinity map. Engineering Aide Mund responded to a question asked by Vice-Chair Peloza regarding the installation of the fiber and the conduit. Motion Carried Unanimously. 3-0. B. Resolution No. 4794 (Para) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Interlocal Agreement with King County for the Purpose of Providing Road Services Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council adopt Resolution No. 4794. Page 2 of 9 PW.1 Page 16 of 106 Traffic Engineer Para explained that, at the request of the Committee to increase the budget for striping and pavement marking, staff plans to increase the funding available to have Peirce County complete the pavement striping and King County, under this agreement, will focus solely on thermo-plastic pavement markings. Chairman Wagner suggested that the timing of the work be clarified in the agreement. Traffic Engineer Para stated that the county has their work schedules and crews to perform work in King County as well as several other jurisdictions, which makes prescribing deadlines or timelines difficult in an interagency agreement. Traffic Engineer Para explained that in the previous year, the agreement with King County was in place early and the City had more flexibility in scheduling the work, in response to a question asked by Mayor Lewis. Assistant Director/City Engineer Selle stated that the agreement is between two government agencies and the City has not had problems with King County’s work in the past. Selle stated that if the County is not responsive to completing the City’s work, then the City will no longer retain them to complete the work. Assistant Director/City Engineer Selle reiterated that there has been no problem with scheduling or prioritizing the City’s work in the past. Mayor Lewis spoke about how the weather is a determining factor in scheduling work. Traffic Engineer Para stated that he has had no challenges with scheduling with the County in the past. Traffic Engineer Para stated that the lengthiest part of the process is the approval of the agreement. Vice-Chair Peloza suggested including the deadline of September 1, 2012 under the duration of the contract. Mayor Lewis advised against including the date of September 1, 2012, due to unknown factors such as changes in the weather. Assistant Director/City Engineer Selle pointed out that any changes made would need to be reviewed by King County and approved by their Council, prolonging the agreement approval process. Traffic Engineer Para explained that the King County agreement also includes bridge inspections. Chairman Wagner discussed timing issues that are relating to striping and pavement marking that should be included in the next agreement with the County. Page 3 of 9 PW.1 Page 17 of 106 Mayor Lewis suggested adding that a goal of completing work on routes that affect school busses should be completed, “prior to the beginning of the school year in the Auburn School District” in next year’s agreement. Otherwise leave the agreement open to complete non-critical routes as weather permits. Traffic Engineer Para answered questions asked by Member Osborne regarding the process of getting the agreement reviewed by the County and the City and through the County Council. Chairman Wagner asked how many streets are striped twice. Traffic Engineer Para answered that it is the main arterials that are striped twice. Traffic Engineer Para pointed out that because of the quality of work done by Pierce County, the arterials may not need to be striped twice, and there may not be enough time to do so this year regardless. Traffic Engineer Para responded to questions asked by Chairman Wagner regarding the budget for bridge maintenance and emergency call-outs. Vice-Chair Peloza mentioned some overspray on the striping on Auburn Way S. Traffic Engineer Para stated that staff has not had an issue with overspray with the Counties, but the striping may have been done by another entity. Motion Carried Unanimously. 3-0. C. Resolution No. 4827 (Para) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Amend the Memorandum of Agreement with Pierce County for the Purpose of Providing Road Services Councilmember Peloza moved and Councilmember Osborne seconded to recommend that the City Council adopt Resolution No. 4827. Traffic Engineer Para explained that this is an amendment increasing the budget authorization for the existing contract with Pierce County. Chairman Wagner asked about the contract’s scope of work. Traffic Engineer Para answered that the scope of work has not changed and was included with the original agreement and not the amendment, but he will provide the Committee and Council with copies of that original scope. Motion Carried Unanimously. 3-0. Page 4 of 9 PW.1 Page 18 of 106 IV. DISCUSSION ITEMS A. Ordinance No. 6408 (Dixon) An Ordinance of the City Council of the City of Auburn, Washington, Amending Sections 18.31.200 of the Auburn City Code Relating to Administration of Architectural and Site Design Review Standards Principal Planner Dixon explained that the amendments to the zoning code will provide a consistent code process for the administration of the Downtown Urban Center Design Standards, Auburn Junction Design Standards, Multi-Family and Mixed-Use Development Design Standards, and the Northeast Auburn Special Planning Area Architectural and Site Design Standards. Principal Planner Dixon distributed copies of the ordinance with strike- through and underlined changes. Dixon stated that Ordinance No. 6408 was discussed at the Planning and Community Development Committee meeting and at the meeting of the Planning Commission. The Planning Commission held a Public Hearing on June 5, 2012 and the Planning Commission recommended approval without any changes beyond the staff’s recommendations. The Planning and Community Development Committee also recommended no changes. The Committee and Principal Planner Dixon discussed the differences in the use of the word “standards” versus “guidelines.” Dixon explained the documents are entitled “standards” but there the approach with those design guidelines documents is to provide flexibility. Many of the standards contain a range of options that can be implemented. Chairman Wagner spoke about the development of design standards for the Auburn Environmental Park District. Principal Planner Dixon provided the Committee with a brief summary of the existing separate administrative processes for the design standards, in response to a question asked by Vice-Chair Peloza. B. Resolution No. 4825 (Bailey) A Resolution of the City Council of the City of Auburn, Washington, Declaring Certain Items of Property as Surplus and Authorizing their Disposal Director Dowdy stated that the vactor is beyond its useful life and it will be best to try to salvage the unit rather than selling it to another jurisdiction, in response to a question asked by Chairman Wagner. The unit is not in good enough condition to be useful. C. Citizen Requested Street Lights (Dowdy) Page 5 of 9 PW.1 Page 19 of 106 Chairman Wagner asked about cost of installation of the lighting options. Assistant Director/City Engineer Selle answered that the cost of installation for all five options can vary greatly. Selle explained that in some cases the City may need to have power brought into some neighborhoods or may need to tear up sidewalk or the street in order to install street lights. Mayor Lewis asked for some basic costs, for example, if there is already a PSE pole with power available at the location, what would the cost be to add a light? Assistant Director/City Engineer Selle answered that every circumstance is different but in most of the locations the power is already at the adequate level and the lights can be installed at no cost. Mayor Lewis verified that if a pole was in place and there is adequate power, a light can be installed on the pole at no cost other than the monthly power fee, with staff. Director Dowdy stated that is correct and the cost for power is approximately $140.00 per light/per year. Director Dowdy reiterated that this would be in the simplest, or easiest, scenario. Assistant Director/City Engineer Selle stated that in the case where there is not adequate power, staff would ask PSE to provide a cost estimate for getting the correct power to the pole. Chairman Wagner requested a more detailed matrix showing more detailed cost estimates for all the lighting options. Mayor Lewis explained that the Public Works Department has been working with the Mayor’s Office, going to Neighborhood Meetings, and addressing street lighting issues where it has been determined by Public Works and the Police Department that a light is needed. Mayor Lewis suggested determining how many of the locations have power poles where lights can be installed at no cost for installation. Mayor Lewis spoke in support of continuing to install lights where there will be no additional cost other than the monthly power fees and wait until policy is developed to install lighting in locations where there will be additional costs. The Committee concurred. Assistant Director/City Engineer Selle stated that when citizens request street lighting, and there is no cost for installation, generally staff moves forward with the practice of, for example, lighting a block with one light at each intersection and one light midblock. Vice-Chair Peloza asked about lighting needs on 102nd Avenue. Assistant Director/City Engineer Selle stated that if the City had a street improvement project or just wanted to fund installation of lights into an area that would be an available option, in response to a question asked by Vice-Chair Peloza regarding option number 2 on Page 6 of 9 PW.1 Page 20 of 106 the handout, City Funded Public Improvements. Assistant Director/City Engineer Selle said that grant funding is not usually available for those types of residential improvements. Chairman Wagner explained that there is currently no street lighting policy and that is what the Committee is currently working toward developing. Chairman Wagner asked staff to estimate how many blocks are in the City that need street lighting. Mayor Lewis suggested that the policy include increasing lighting coverage using existing PSE wooden poles first while noting the areas to be next. Mayor Lewis also asked that considerations of lighting LID’s be included in the policy. The Committee and staff discussed how to proceed with the development of the lighting policy. Assistant Director/City Engineer Selle discussed the options available for neighborhoods for installing lighting where there are no existing power poles. Assistant Director/City Engineer Selle stated that staff will bring back a map and additional cost and option information for continued Committee discussion at the second meeting in July. D. Capital Project Status Report (Gaub) Item 8 – C207A – A Street NW Corridor Phase I: Assistant City Engineer Gaub explained that A Street NW will connect into 14th and B Streets NW and drivers can reach 15th Street NW using either 14th Street to A Street NE or using 16th Street to A Street NE, in response to a question asked by Chairman Wagner. Chairman Wagner asked if there will be good signage instructing drivers how to reach 15th Street NW from the new corridor. Assistant City Engineer Gaub stated that staff will review the signage. Chairman Wagner spoke about the inadequacy of the signage on the Booth Bridge and spoke about the importance of drivers to easily access business areas in the City. Item 2 – CP1005 – S Division Street Promenade Project: Vice-Chair Peloza asked if there were any large punchlist items that still needed to be attended to. Assistant City Engineer Gaub answered that there are none. Page 7 of 9 PW.1 Page 21 of 106 Item 7 – CP0909 – Lakeland Hills Booster Pump Station: Member Osborne asked if installing the SCADA system is the only item left to complete on the project. Assistant City Engineer Gaub said the SCADA system needs to be complete so the station can be hooked up and the existing pump station will then need to be demolished. Item 11 C524A – SCADA System Improvements: Assistant City Engineer Gaub stated staff is in the process of determining the best timing for completing the conversions of the three test sites, in response to a question asked by Chairman Wagner. Item 12 C201A – M Street SE UInderpass: Member Osborne asked about the reasoning behind the stop signs at 4th and M Street SE. Assistant City engineer Gaub explained that as construction continues, there will be construction access from the south leg of the intersections and that staff felt it was better to have traffic used to stopping at the intersection for safety reasons. Item 28 – CP1024 – AWS and M Street SE Intersection Improvements: Chairman Wagner asked if the pre-design work is equal to 15% completion of the project. Assistant City Engineer Gaub stated that is correct. Chairman Wagner asked for a Committee review of the project. Item 32 – C229A – BNSF/EVH Pedestrian Undercrossing: Chairman Wagner stated that he is still working on the WSU student project on the undercrossing. Vice-Chair Peloza spoke about the test road in Enumclaw made of recycled shingles and stated that he spoke to the director of King County Solid Waste about the possibility of having test areas in Auburn. E. Activities Matrix (Dowdy) Item B – Field Trip to Coal Creek Springs: Director Dowdy said the staff is trying to coordinate the field trip for the last week of July. Director Dowdy said that it should be dry enough to walk the site, in response to a question asked by Chairman Wagner. Utilities Engineer Repp stated that staff is trying to schedule flow testing for the same time as the field trip. Chairman Wagner asked for a map to be available during the trip. Chairman Wagner stated that Environmental Protection Manager Chris Andersen should probably be invited on the trip as well. F. Additional Discussion Vice-Chair Peloza informed staff about a complaint regarding left turn Page 8 of 9 PW.1 Page 22 of 106 movements on northbound C Street SW/NW turning onto W. Main Street. Vice-Chair Peloza stated that the duration of the green light may not be long enough and it may need to be extended. Assistant Director/City Engineer Selle stated staff will investigate the signal timing. Mayor Lewis spoke briefly about the need to have the Puclic Works Committee work with the Planning and Community Development Committee on the topic of enhancing our Gateway corridors entering the City as a followup from Council Retreat. The Committee agreed to discuss this more further at a future meeting and asked staff to place it on the Matrix as a topic. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:03 p.m. Approved this 2nd day of July, 2012. _________________________ ___________________________ Rich Wagner, Chair Jennifer Rigsby, Department Secretary Page 9 of 9 PW.1 Page 23 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: June 18, 2012 Minutes Date: June 27, 2012 Department: Finance Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:July 2, 2012 Item Number:FN.2 AUBURN * MORE THAN YOU IMAGINEDFN.2 Page 24 of 106 Finance Committee June 18, 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. City officials and staff members present included: Mayor Peter B. Lewis, City Attorney Dan Heid, Finance Director Shelley Coleman, Director of Human Resources and Risk Management Brenda Heineman, Risk Manager Rob Roscoe and Deputy City Clerk Shawn Campbell. Also present was Scot Pondelick. B. Announcements There was no announcement. C. Agenda Modifications There was no agenda modification. II. CONSENT AGENDA A. Minutes of the June 4, 2012 regular meeting Vice Chair Holman moved and Member Wales seconded to approve the June 4, 2012 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) Claims check numbers 414181 through 414554 in the amount of $6,012,443.56 and dated June 18, 2012 Committee members reviewed the claims and payroll vouchers and briefly discussed claims vouchers 414202, 414225, 414506, 414252, 414460, 414280 and 414414. Vice Chair Holman moved and Member Wales seconded to recommend approval of claims and payroll vouchers to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers (Coleman) Payroll check numbers 532964 through 533007 in the amount of $855,151.71 electronic deposit transmissions in the amount of $1,233,389.79 for a grand total of $2,088,541.50 for the period covering 05/31/12 to 06/13/12 Page 1 of 4 FN.2 Page 25 of 106 See claims vouchers above for approval of payroll vouchers. III. ORDINANCES A. Ordinance No. 6410 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378, Ordinance No. 6379, and Ordinance No. 6400, authorizing amendment to the City of Auburn 2011-2012 Budget as set forth in Schedule "A" and Schedule "B" Director Coleman presented budget amendment number 8. Director Coleman reviewed the additions of site improvements to the Auburn Valley Humane Society site and a new position in Human Resources. Member Wales questioned hiring an employment manager. Director Heineman stated this position was cut a couple years ago and the current human resources staff do not have adequate training or expertise to fill the role of an employment manager. Director Heineman said the position will lower the City's liability, update the City policies and procedures, and sit in on every interview and oral board. Mayor Lewis stated the City can no longer wait to fill this position. Member Wales questioned hiring new staff when current staff have foregone raises for four years. Mayor Lewis stated the price of hiring one staff member is very low compared to a raise for all staff. Chair Partridge asked how the City would continue to fund the position. Director Coleman said the monies primarily come from the general fund with small contributions from several other funds. Vice Chair Holman moved and Member Wales seconded to recommend approval of Ordinance No. 6410. MOTION CARRIED UNANIMOUSLY. 3-0 IV. RESOLUTIONS A. Resolution No. 4825 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain Items of property as surplus and authorizing their disposal Mayor Lewis stated this vehicle (1998 International Vactor Truck) is over 14 years old and has passed it useful life. Member Wales moved and Vice Chair Holman seconded to recommend approval of Resolution No. 4825. MOTION CARRIED UNANIMOUSLY. 3-0 V. DISCUSSION ITEMS A. April 2012 Financial Report (Coleman) Committee members reviewed the April 2012 Financial Report. Page 2 of 4 FN.2 Page 26 of 106 Director Coleman noted that property taxes appear to be lagging on the report but the funds were posted one day after the cutoff date. Member Wales questioned if the City has considered selling the golf course. Director Coleman stated the City owes approximately $4 million for improvements made at the golf course, and it is not feasible to sell the property. Director Coleman noted the golf course revenue should pick up over the summer, and the City has acquired a large amount of inventory in April anticipating the increased use. Director Coleman said the Intergovernmental fund is down primarily due to the May Muckleshoot compact payment being delayed, revenue from fines are down, registration for parks and recreation is also down. She added sales tax revenue is within 2% of the budgeted amount and business licensing and building permits are tracking up. Member Wales questioned the gambling excises tax reduction. Director Coleman stated the reduction in revenue is due to a reprieve given to the Iron Horse on a promissory note and the industry being down in general. Council briefly discussed the fines and penalties associated with the red light cameras. B. Report on Risk Profile (Heineman) Director Heineman introduced Risk Manager Rob Roscoe. She briefly described Washington Cities Insurance Authority (WCIA). Mr. Roscoe explained the City recently completed a compact audit. The audit gives a five (5) year history of the City's losses due to claims against the City including indemnity payments, legal fees and current reserves. From this loss history the City's future assessments are calculated. The City has seen a 2.8% decrease in the 2013 liability assessment. The City has had an increase in worker hours but a decrease in cost per worker hour from over 70 cents per worker hour to 31 cents currently. Director Heineman stated the City has seen a large decrease in the liability assessment in recent years due to good risk management practices by everyone in the City. C. Resolution No. 4794 (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 King County for the purpose of providing road services Mayor Lewis said the City will use King County to do the bridge inspections and repairs along with some roadway markings. The City will also be using Pierce County to complete the citywide street striping. He added the City was very happy with the work performed by Pierce County last year. Chair Partridge asked why the City did not use the private sector for these projects. Mayor Lewis said the work is very technical and the two counties are best equipped to handle the job. D. Resolution No. 4827 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to amend the Memorandum of Agreement with Pierce County for the purpose of providing road services Resolution 4827 was discussed in conjunction with Resolution 4794. VI. ADJOURNMENT Page 3 of 4 FN.2 Page 27 of 106 There being no further business to come before the Committee, the meeting adjourned at 6:45 p.m. Approved this 2nd day of July 2012. _______________________________ _______________________________ John Partridge, Chair Shawn Campbell, Deputy City Clerk Items Submitted to the June 18, 2012 Finance Committee Meeting: Auburn's WCIA Liability Assessment by Rob Roscoe Page 4 of 4 FN.2 Page 28 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the June 18, 2012 regular meeting Date: June 26, 2012 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:July 2, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 29 of 106 City Council Meeting June 18, 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, John Partridge, Largo Wales, Wayne Osborne and John Holman. Department directors and staff members present: City Attorney Daniel B. Heid, Planning and Development Director Kevin Snyder, Chief of Police Bob Lee, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Economic Development Manager Doug Lein, Transportation Planner Chris Hankins, Development Services Manager Jeff Tate, Building Division Manager Rick Hopkins and Deputy City Clerk Shawn Campbell Also present: Valley Regional Fire Authority Administrator Eric Robertson C. Announcements, Appointments, and Presentations 1. Senator Pam Roach Senator Roach thanked Council for the opportunity to speak to them. She stated she intends to attend all the City Council meetings of all the cities in the 31st district. She reported on some of the items she was involved in over the last year including: opening a clinic in Honduras; being elected as delegate leader of National Foundation for Women Legislators for a visit to Taiwan; touring the Oil Sands in Fort McMurray, Canada; sponsoring a resolution with American Legislative Exchange Council (ALEC) to urge the approval of the Keystone Pipeline; worked on reform of the Child Protective Services; helped pass a budget that included $3 million for the Rainier School in Buckley; passed three bills: one regarding human trafficking, one regarding East Pierce Fire and Rescues’ Fire Commission, and one regarding the City of South Prairie’s pension. Councilmember Wagner requested the Senator to work on funding for repaving Highway 410. Page 1 of 10 CA.A Page 30 of 106 D. Agenda Modifications There was no agenda modification. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing on the Amendment to the 2012-2017 Six Year Transportation Improvement Program (Backus/Snyder) State law requires the City of Auburn to annually prepare and adopt a Transportation Improvement Program (TIP) for each ensuing six calendar years. State law also provides that the TIP may be amended at any time, but only after conducting a public hearing . The City proposes to add a new project to the TIP to improve safety at several intersections throughout the city. This project is being added because of a grant awarded from the Washington State Department of Transportation (WSDOT) Transportation Planner Chris Hankins stated the City has received a grant from WSDOT for $400,000 with no match from the City. With these funds, the City will be able to improve safety at 18 intersections that were selected based on their accident history. It is a requirement to add the projects to the City's Six Year Transportation Improvement Plan and the State's Transportation Improvement Plan. Mayor Lewis opened the public hearing at 7:35 p.m. There was no public comment. Mayor Lewis closed the public hearing at 7:36 p.m. 2. Public Hearing on Physical Address Changes in the City of Auburn (Backus/Snyder) City Council to conduct a public hearing for physical address changes specified in Resolution No. 4823. Director Snyder gave Council a brief overview of the requirements and reasoning for the address changes. Mayor Lewis asked Chief Lee and Valley Regional Fire Authority (VRFA) Administrator Robertson if the list provided is the minimum required for public safety. Chief Lee said it was and Administrator Robertson affirmed it is. He added that the VRFA has been working with the City for over two years and believes this is the minimum list to ensure public safety. Page 2 of 10 CA.A Page 31 of 106 Councilmember Osborne asked if there have been delays of either fire or police because of the current addresses. Chief Lee said he had two examples where the officers had to be directed to an address by citizens. He added it would depend on the type of call and the time of day. Councilmember Partridge asked how new hires learn the geography of the City. Chief Lee said the City is layed out in a grid. New hires ride with other officers for three months to become familiar with the city. Councilmember Peloza asked about visibility of house numbers. Director Snyder said the City has requirements on the size and height of house numbers. If an incident of noncompliance is brought to the City's attention the City responds with Code Compliance and helps the resident comply with the City Code. Deputy Mayor Backus asked Chief Lee to assign a risk level for the addresses. Chief Lee said it depends on the type of call. He said the most accurate information is needed to allow officers to respond quickly and safely. Mayor Lewis opened the public hearing at 7:44 p.m. Kurt Vogel, 1820 4th Place NE, Auburn Mr. Vogel stated he believes the City has gone too far with the address changes. There are only seven houses on 4th Place NE. He requested the Council move forward with all address changes except 4th Place NE. Joanne Martin, 1818 4th Place NE, Auburn Ms. Martin thanked Council for the opportunity to speak. She said she has lived in the current home for 35 years and the address is part of the history of the home. She said most of the changes are warranted but 4th Place NE does not need to be changed. She does not believe changing their addresses will change the response time of emergency personnel. She does not want to go from one unique addressing system to another. Patrick Taylor, 1812 4th Place NE, Auburn Mr. Taylor said the City wants four numbers between houses but there is no space between the houses for additional units. He spoke against the address changes. Micky Marquez, 1815 4th Place NE, Auburn Mr. Marquez said he used Map Quest to map his current address and the proposed address and found there is no difference between the two maps. He does not believe there would be a delay for emergency response. He added there is no other 4th Place NE in the City. Mike Martin, 1818 4th Place NE, Auburn Page 3 of 10 CA.A Page 32 of 106 Mr. Martin requested the City exclude 4th Place NE from the proposed address changes. Laura Theimer, 2724 Alpine Drive SE, Auburn Ms. Theimer said her home is one of the proposed address changes. She cited an incident in the neighborhood where an emergency vehicle was delayed getting to a home in her neighborhood due to the address. She requested changing her street. Melissa Baeth, 1815 4th Place NE, Auburn Ms. Baeth requested Council not change the addresses on 4th place NE. She said the proposed changes do not make sense. Mayor Lewis closed the public hearing at 7:55 p.m. 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. There was no audience participation. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met on June 11, 2012. The committee discussed Project No. CP1210 - updates to the Auburn Valley Humane Society property, police technology, and the Committee's project matrix. The next regular meeting of the Municipal Services Committee is scheduled for June 25, 2012 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee meet on June 11, 2012. The committee received an annual update on Parks and Recreation from Director Faber regarding the opening of the gym at Les Gove Park, the City's special recreation program, increased participation in adult sports and special event revenue. Additionally, Auburn was named to the list of "Top 5 Best Places to Play" by USA Weekend Magazine, and Kaboom named Auburn as one of the "Playful Cities in the USA" and provided the City with a $20,000 grant for playground equipment at Game Farm Park. The Committee also reviewed Ordinance No. 6415 relating to an amendment to an Interlocal Agreement between the City and the Port of Seattle. The Committee also discussed Ordinance No. 6410, an amendment to the 2011-2012 Budget, and Resolution No. 4797 amending the Public Way Agreement with MCI, and Page 4 of 10 CA.A Page 33 of 106 proposed zoning code amendments. She added the City has seen an increase of single family residence building permits. The next regular meeting of the Planning and Community Development Committee is scheduled for June 25, 2012 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee discussed a right-of-way use permit for the ArtRageous event; the item was tabled until additional information can be provided. The Committee recommended approval of Resolution No. 4797 regarding a Public Way Agreement with MCI, Resolution No. 4794 regarding provision of road services from King County, and Resolution No. 4827 regarding road stripping services from Pierce County. The Committee also discussed design standards, Resolution No. 4825 relating to a surplus vehicle, and a street lighting policy. The next regular meeting of the Public Works Committee is scheduled for July 2, 2012 at 3:30 p.m. D. Finance Chair Partridge reported the Finance Committee meet tonight at 5:30. The Committee reviewed the minutes, claims vouchers, payroll vouchers, Ordinance No. 6410 regarding the 2011-2012 Budget amendment, and Resolution No. 4825 regarding a surplus vehicle. The Committee discussed the risk profile report, the April 2012 financial report, Resolution No. 4794 regarding road services with King County, and Resolution No. 4827 regarding road services with Pierce County. The next regularly scheduled Finance Committee meeting will be held July 2, 2012 at 5:30 p.m. E. Les Gove Community Campus The Les Gove Community Campus Committee has not met since the last Council meeting. F. Council Operations Committee The Council Operations Committee has not met since the last Council meeting. 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 June 4, 2012 regular Meeting B. Claims Vouchers (Partridge/Coleman) Claims check numbers 414181 through 414554 in the amount of $6,012,443.56 and dated June 18, 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 532964 through 533007 in the amount of $855,151.71 Page 5 of 10 CA.A Page 34 of 106 electronic deposit transmissions in the amount of $1,233,389.79 for a grand total of $2,088,541.50 for the period covering 05/31/12 to 06/13/12. Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. 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. 6410 (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378, Ordinance No. 6379, and Ordinance No. 6400, authorizing amendment to the City of Auburn 2011-2012 Budget as set forth in Schedule "A" and Schedule "B" Councilmember Partridge moved and Councilmember Holman seconded to introduce and adopt Ordinance No. 6410. Councilmember Partridge said the total budget amendment is $16,011,000. He said there are two items in the proposed ordinance that were not in the previous version: filling of a Human Resources position; and upgrades to the site for the Auburn Valley Humane Society. The remaining items are beginning balances carried forward, shared revenue impacts, utility rates, and inclusion of grants. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 4794 (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 King County for the purpose of providing road services Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4794. Councilmember Wagner stated Resolution No. 4794 provides for the annual street Page 6 of 10 CA.A Page 35 of 106 striping agreement with King County. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 4797 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amendment to the Public Way Agreement No. 08-03 between the City of Auburn and MCI Communications Services, Inc. Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4797. Councilmember Wagner stated Resolution No. 4797 provides for an amendment to the current Public Way Agreement with MCI. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 4819 (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, amending the 2012-2017 Six-Year Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt Resolution No. 4819. Deputy Mayor Backus stated a public hearing was held earlier in the evening regarding updating the Six Year Transportation Improvement Plan to include a project for intersection improvements funded by a $400,000 grant. MOTION CARRIED UNANIMOUSLY. 7-0 D. Resolution No. 4823 (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, to provide an address change for 40 residences, 3 commercial buildings, 9 industrial buildings, 10 duplexes, and 8 fourplexes Councilmember Osborne questioned whether he should recuse himself from consideration of the Resolution as he lives in one of the affected areas. City Attorney Heid stated that Councilmember Osborne can consider the Resolution as it is not quasi-judicial. Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt Resolution No. 4823. Deputy Mayor Backus stated a public hearing was held earlier this evening regarding the proposed address changes. She said the City attempted to identify Page 7 of 10 CA.A Page 36 of 106 all addressing errors, and the "T" streets will be considered cul-d-sacs to ensure no additional unique situations. Councilmember Partridge moved and Councilmember Holman seconded to exclude the seven addresses on 4th Place NE (consisting of 1806, 1815, 1824, 1818, 1812, 1814, and 1820 4th Place NE). MOTION CARRIED UNANIMOUSLY. 7-0 MOTION TO ADOPT RESOLUTION NO. 4823, AS AMENDED, CARRIED UNANIMOUSLY. 7-0 MOTION CARRIED UNANIMOUSLY. 7-0 E. Resolution No. 4825 (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. 4825. MOTION CARRIED UNANIMOUSLY. 7-0 F. Resolution No. 4827 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to amend the memorandum of agreement with Pierce County for the purpose of providing road services Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4827. 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 on her attendance at the Leadership Institute of South Puget Sound graduation, DARE graduations and a Valley Regional Fire Authority meeting. Councilmember Wales reported on her attendance at a Regional Access Mobility Partnership (RAMP) meeting where replacement of the 520 bridge was discussed, Page 8 of 10 CA.A Page 37 of 106 a Suburban Cities Association meeting, a meeting of the Puget Sound Regional Council where Governor Christine Gregoire spoke, and the Senior Center selection for Pioneer Queen. Councilmember Holman reported on his attendance at the grand opening of Coastal Farm and Ranch where the owner complimented the Planning and Development Department on their excellent service, the Leadership Institute of South Puget Sound Graduation at Green River Community College where Deputy Mayor Backus was presented the 2012 Distinguished Alumni award. He also announced that June 19th is a remembrance day of when Union soldiers enforced the Emancipation Proclamation and freed all remaining slaves in the State of Texas. Councilmember Peloza announced the Auburn International Farmers Market opened June 16, 2012. He also reported on his attendance at the King Council Regional Water Quality meeting where it was reported the 2013 sewer rates and sewer hook-up fees will increase on January 1, 2013, the King County Solid Waste Advisory Committee meeting where it was announced garbage tonnage weight increase and discussed an interlocal agreement between the member cities and King County for landfill clean up, the annual Flag Day ceremony at the Federal Way Aquatic Center, viewed a PowerPoint presentation on the Katrina catastrophe, a Flood Control District meeting, the King Conservation District meeting, the grand opening of Coastal Farm and Ranch, Suburban Cities Association meeting, and the Puget Sound Regional Council meeting. Councilmember Osborne reported on his attendance at the Puget Sound Regional Council meeting. He also reported that he attended the coffee hour at the Senior Center. Councilmember Partridge reported on his attendance at the opening ceremony of the King County District Court's Regional Veteran's Court; the Regional Law, Safety and Justice Committee meeting where they discussed the upcoming July 26th meeting to be held at the SCORE facility. He noted that there will be a tour of the SCORE facility after the meeting. He also attended as the keynote speaker at the West Auburn High School graduation. B. From the Mayor Mayor Lewis thanked Councilmember Partridge for attending the Auburn High School graduation and Deputy Mayor Backus for attending the DARE graduations. He also noted the dedication of all the Councilmembers for doing the work of the City. He reported on his attendance at the Lea Hill DARE graduations, he spoke at a realtors meeting where he was asked to speak on how Auburn's success with building permits and houses being built and sold. He noted Auburn has more than any other City in King County. He also attended the AP Government presentation class at Mountainview High School where he asked for all the presentations to be sent to the City. He also attended the US Conference of Mayors where he participated in the Transportation Committee, the Tourism of the Page 9 of 10 CA.A Page 38 of 106 Arts Committee, and the Amtrak Advisory Board. He also noted the economic benefits of having returning veterans go to school and live in the area. X. EXECUTIVE SESSION At 8:10 p.m. (immediately following Item II.B of these minutes), Mayor Lewis recessed the meeting to executive session for approximately 20 minutes in order to discuss pending/potential litigation pursuant to RCW 42.30.110(1)(i). City Attorney Heid, Director Heineman and Washington Cities Insurance Association Executive Director Lewis Leigh were requested to attend the executive session. No action was anticipated as a result of the executive session. At 8:29 p.m., Mayor Lewis extended the executive session for an additional ten minutes. Mayor Lewis reconvened the meeting at 8:42 p.m. XI. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:39 p.m. APPROVED this 2nd day of July, 2012. _____________________________ _________________________________ Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk Page 10 of 10 CA.A Page 39 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: June 27, 2012 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: Claims check numbers 414555 through 415141 in the amount of $1,506,474.58 and dated July 2, 2012. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:July 2, 2012 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 40 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: June 27, 2012 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 533008 through 533052 in the amount of $273,877.81 and electronic deposit transmissions in the amount of $1,232,123.98 for a grand total of $1,506,001.79 for the period covering June 14, 2012 to June 27, 2012. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:July 2, 2012 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 41 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1206 Date: June 26, 2012 Department: Public Works Attachments: Budget Status Sheet Bid Tabulation Summary Vicinity Maps 1-7 Budget Impact: $0 Administrative Recommendation: City Council award Contract No. 12-10, to Puget Paving and Construction, Inc. on their low bid of $1,261,713.50 for Project No. CP1206, 2012 Pavement Patching, Chipseal and Overlay Project. Background Summary: The 2012 Pavement Patching, Chipseal and Overlay Project will rehabilitate deficient pavement on approximately 7.8 miles of streets throughout the City as part of both the 2012 Arterial/Collector Pavement Preservation Program and the 2012 Save Our Streets Program. This rehabilitation will be accomplished by using three different types of pavement preservation treatments as follows: Pavement Patching This project will perform a pavement patching treatment (removing and replacing areas of damaged pavement) on 2.0 miles of arterial and collector streets as part of the City's Arterial and Collector Street Pavement Preservation Program. Chipsealing This project will perform a double chipseal treatment on 4.3 miles of arterial and collector streets as part of the City's Arterial and Collector Street Pavement Preservation Program. In addition, this project will perform a chipseal treatment on 1.0 mile of local streets as part of the City's Save Our Streets Program. Thin Asphalt Overlay This project will perform a thin (1.5-inches thick or less) asphalt overlay treatment on 0.5 mile of local streets as part of the City's Save Our Streets Program. See the attached vicinity maps for the specific project streets. AUBURN * MORE THAN YOU IMAGINEDCA.D Page 42 of 106 Construction is anticipated to begin in mid-July 2012 and be complete by November 2012. A project budget contingency of $210,287 remains in the 105 (Arterial and Collector Street Pavement Preservation) fund. A project increase of $104,500 within the 103 (Local Street Pavement Preservation) fund will be necessary, however it will not require a budget adjustment since it is anticipated that this money will be available from the budget contingency of the CP1201 (2012 Local Street Pavement Reconstruction) project. O4.9.1 CP1206 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 2, 2012 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 43 of 106 Project No: CP1206Project Title: Project Manager: Seth Wickstrom Initiation/Consultant Agreement Initiation Date: _Oct 17, 2011 and Feb 6, 2012 ___ Permission to Advertise Solicitation Date: __June 5, 2012____________ Contract Award Award Date: _____________________________ Change Order Approval Contract Final Acceptance Funds Budgeted (Funds Available) FundingPrior Years20112012Future YearsTotal 105 Fund - Arterial/Collector Street Pavement Preservation1,300,0001,300,000 103 Fund - Local Street Pavement Preservation200,000200,000 Total001,500,00001,500,000 Estimated Cost (Funds Needed) ActivityPrior Years20112012 Future Years Total Design Engineering - City Costs*2,500 2,500 Construction Estimate 1,261,714 1,261,714 Authorized Contingency 100,000 100,000 Construction Engineering - City Costs*30,000 30,000 Total001,394,21401,394,214 BUDGET STATUS SHEET 2012 Pavement Patching, Chipseal and Overlay Project Date: June 20, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. 105 Arterial/Collector Street Budget Status *City staff costs for street design and construction are not charged against the 103 fund project budget and are not shown here (staff costs charged against the 105 project budget are show). Prior Years 20112012 Future Years Total **105 Funds Budgeted ( )00(1,300,000)0(1,300,000) 105 Funds Needed001,089,71401,089,714 **105 Fund Project Contingency ( )00(210,287)0(210,287) 105 Funds Required 00000 Prior Years 20112012 Future Years Total **103 Funds Budgeted ( )00(200,000)0(200,000) 103 Funds Needed00304,5000304,500 **103 Fund Project Contingency ( )00000 103 Funds Required 00104,5000104,500 ** ( # ) in the Budget Status Sections indicates money the City has available. 103 Local Street Budget Status g Page 1 of 1CA.D Page 44 of 106 BI D T A B U L A T I O N SC H E D U L E S U M M A R Y Pr o j e c t N a m e : C P 1 2 0 6 , 2 0 1 2 P a v e m e n t P a t c h i n g , C h i p s e a l a n d O v e r l a y , C o n t r a c t 1 2 - 1 0 Sc h e d u l e N o . : A - S t r e e t I m p r o v e m e n t Pr e p a r e d b y : C i t y o f A u b u r n Bi d D a t e : EN G I N E E R ' S E S T I M A T E : 1, 2 5 1 , 9 0 3 . 0 0 $ AV E R A G E B I D A M O U N T : 1 , 3 6 1 , 6 5 6 . 5 6 $ BI D S P R E A D A M O U N T : 2 2 7 , 4 1 3 . 6 8 $ B I D A m o u n t S p r e a d $ S p r e a d % LO W B I D D E R : Pu g e t P a v i n g a n d C o n s t r u c t i o n , I n c 1, 2 6 1 , 7 1 3 . 5 0 $ 9 , 8 1 0 . 5 0 $ 0 . 7 8 % Se c o n d B i d d e r : La k e s i d e I n d u s t r i e s , I n c 1, 3 3 4 , 1 2 9 . 0 0 $ 8 2 , 2 2 6 . 0 0 $ 6 . 5 7 % Ba s i c B I D ( T a x n o t A p p l i c a b l e ) Pu g e t P a v i n g a n d C o n s t r u c t i o n , I n c 1, 2 6 1 , 7 1 3 . 5 0 $ La k e s i d e I n d u s t r i e s , I n c 1 , 3 3 4 , 1 2 9 . 0 0 $ IC O N M a t e r i a l s 1 , 4 8 9 , 1 2 7 . 1 8 $ 1/ 0 / 0 0 6/ 2 5 / 2 0 1 2 ( 4 : 2 4 P M ) h: \ p r o j \ b i d t a b s \ C P 1 2 0 6 B T . x l s 1 CA.D Page 45 of 106 CA.D Page 46 of 106 CA.D Page 47 of 106 CA.D Page 48 of 106 CA.D Page 49 of 106 CA.D Page 50 of 106 CA.D Page 51 of 106 CA.D Page 52 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1121 Date: June 27, 2012 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1121 2011/2012 Citywide Sidewalk Repair Project. Background Summary: This project will repair damaged sidewalk on approximately 3 miles of streets throughout the City (see attached map) with an emphasis on fixing potential tripping hazards. This will mainly be accomplished by removing and replacing damage concrete sidewalk panels. Project areas were selected based on the severity of the damaged sidewalk in the area and citizen complaints. Construction of this project is anticipated to start in August 2012 and be complete in November 2012. As discussed at the April 16th, 2012 Public Works Committee meeting, a project increase of $35,000 within the 328 (Capital Improvement Fund) will be necessary to fund the West Main St sidewalk repairs. This money is currently available within the 328 Fund balance and may require a budget adjustment. O4.12.1 CP1121 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 2, 2012 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 53 of 106 Project No: CP1112Project Title: Project Manager: Seth Wickstrom Initiation/Consultant Agreement Initiation Date: _May 16, 2011________ Permission to Advertise Advertisement Date: ______________ Contract Award Award Date: ____________________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 328 Fund - Capital Improvement Fund (Original Project Budget)200,000200,000 328 Fund - Capital Improvement Fund (Additional funds available for West Main St Sidewalks) 35,00035,000 Total00235,0000235,000 Funds Budgeted (Funds Available) BUDGET STATUS SHEET 2011/2012 Sidewalk Repair Project Date: June 22, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Total 0 0 235,000 0 235,000 Activity Prior Years 20112012 Future Years Total *Design Engineering - City Costs1,0001,000 Construction Estimate225,000225,000 Project Contingency 8,5008,500 *Construction Engineering - City Costs500500 Total00235,0000235,000 * City staff costs are charged against the Engineering Budget and not the Project Budget, and are not shown here. Prior Years 20112012 Future Years Total **328 Funds Budgeted ( )00(235,000)0(235,000) 328 Funds Needed00235,0000235,000 **328 Fund Project Contingency ( )00000 328 Funds Required 00000 ** ( # ) in the Budget Status Sections indicates Money the City has available. Estimated Cost (Funds Needed) 328 Capital Improvement Budget Status \\auburn12\building\PROJ\CP1112-2011 Citywide Sidewalk Repair\PWCCouncilInfo\Perm to Ad (PWC 7-2-12)\BudgetStatusSheet.xlsPage 1 of 1CA.E Page 54 of 106 CA.E Page 55 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1201 Date: June 27, 2012 Department: Public Works Attachments: Budget Status Sheet Bid Tabulation Summary Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award Contract No. 12-08, to SCI Infrastructure, LLC on their low bid of $1,200,811.00 plus Washington State sales tax of $30,286.86 for a total contract price of $1,231,167.86 for Project No. CP1201, 2012 Local Street Pavement Reconstruction project. Background Summary: The 2012 Local Street Pavement Reconstruction project will reconstruct 0.6 miles of local streets (shown on the attached map) as part of the 2012 Save Our Streets (SOS) program. Storm drainage improvements will also be constructed on the project streets to address local storm drainage issues. This work is funded by the 103 (Local Street) Fund. The 432 (Strom Drainage) fund will pay for the design work necessary to connect the new storm drainage improvements for street drainage with the existing storm drainage transmission lines. This project will also replace the deteriorated and undersized water mains on the project streets and is funded by the 430 (Water) Fund. The 2012 SOS program will also overlay 0.5 miles of local streets and chipseal 1.0 mile of local streets; however, this work will be done under a separate construction contract (CP1206 - 2012 Pavement Patching, Chipseal and Overlay Project). Construction of this project (CP1201) is anticipated to start in mid July 2012 and be complete by October 2012. A project budget contingency of $546,611 remains in the 103 (Local Street Pavement Preservation) Fund. A project budget contingency of $83,192 remains in the 430 (Water) Fund. AUBURN * MORE THAN YOU IMAGINEDCA.F Page 56 of 106 A project budget contingency of $108,500 remains in the 432 (Storm Drainage) Fund. O4.9.1 CP1201 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 2, 2012 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 57 of 106 Project No: CP1201Project Title: Project Manager: Seth Wickstrom Initiation/Consultant Agreement Initiation Date: _October 17, 2011_______ Permission to Advertise Solicitation Date: _June 7, 2012________ Contract Award Award Date: _______________________ Change Order Approval Contract Final Acceptance Funds Budgeted (Funds Available) Funding Prior Years 20112012 Future Years Total 103 Fund - Local Street Pavement Preservation (A portion of funds budgeted in 2012)1,689,5801,689,580 430 Fund - Water 500,000500,000 432 Fund - Storm (Funds budgeted in 2012 for "Street Utility Improvements")118,500118,500 Total002,308,08002,308,080 Estimated Cost (Funds Needed) ActivityPrior Years20112012 Future Years Total Design Engineering - City Costs*5,000 5,000 Design Engineering - Consultant Costs190,458 190,458 Construction Estimate 1,231,168 1,231,168 Authorized Contingency 100,000 100,000 Construction Engineering - City Costs 25,000 25,000 Construction Engineering - Consultant Costs*18,101 18,101 BUDGET STATUS SHEET 2012 Local Street Pavement Reconstruction Date: June 25, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. gg ,, Total001,569,72701,569,727 *City staff costs for street design and construction are not charged against the project budget and are not shown here. Prior Years 20112012 Future Years Total **103 Funds Budgeted ( )00(1,689,580)0(1,689,580) 103 Funds Needed001,142,91901,142,919 **103 Fund Project Contingency ( )00(546,661)0(546,661) 103 Funds Required 00000 Prior Years 20112012 Future Years Total **430 Funds Budgeted ( )00(500,000)0(500,000) 430 Funds Needed00416,8080416,808 **430 Fund Project Contingency ( )00(83,192)0(83,192) 430 Funds Required 00000 Prior Years 20112012 Future Years Total **432 Funds Budgeted ( )00(118,500)0(118,500) 432 Funds Needed0010,000010,000 **432 Fund Project Contingency ( )00(108,500)0(108,500) 432 Funds Required 00000 ** ( # ) in the Budget Status Sections indicates money the City has available. 430 Water Budget Status 432 Storm Budget Status 103 Local Street Budget Status Page 1 of 1CA.F Page 58 of 106 BI D T A B U L A T I O N BI D T O T A L S S U M M A R Y Pr o j e c t N a m e : C P 1 2 0 1 , 2 0 1 2 L o c a l S t r e e t P a v e m e n t R e c o n s t r u c t i o n Pr e p a r e d b y : C i t y o f A u b u r n Bi d D a t e : EN G I N E E R ' S E S T I M A T E : 1, 6 0 6 , 8 7 0 . 0 0 $ AV E R A G E B A S I C B I D A M O U N T : 1 , 4 3 6 , 4 5 0 . 1 3 $ BA S I C B I D S P R E A D A M O U N T : 6 5 5 , 6 6 3 . 0 0 $ B a s i c B I D A m o u n t S p r e a d $ S p r e a d % LO W B I D D E R : SC I I n f r a s t r u c t u r e L L C 1, 2 0 0 , 8 8 1 . 0 0 $ -$ 4 0 5 , 9 8 9 . 0 0 -2 5 . 2 7 % Se c o n d B i d d e r : R o d a r t e C o n s t r u c t i o n , I n c . 1, 3 3 9 , 0 8 8 . 5 0 $ - $ 2 6 7 , 7 8 1 . 5 0 - 1 6 . 6 6 % Ba s i c B I D ( T a x n o t I n c l u d e d ) T o t a l B I D ( T a x I n c l u d e d ) SC I I n f r a s t r u c t u r e L L C 1, 2 0 0 , 8 8 1 . 0 0 $ 1 , 2 3 1 , 1 6 7 . 8 6 $ Ro d a r t e C o n s t r u c t i o n , I n c . 1, 3 3 9 , 0 8 8 . 5 0 $ 1 , 3 7 7 , 7 6 6 . 7 1 $ Jo h a n s e n E x c a v a t i n g 1, 3 4 4 , 9 4 2 . 5 5 $ 1 , 3 7 8 , 7 0 1 . 3 2 $ Sc o t t y ' s G e n e r a l C o n s t r u c t i o n 1, 3 5 4 , 8 3 0 . 9 0 $ 1 , 3 9 5 , 0 0 5 . 2 1 $ Sa n d e r s G e n e r a l C o n s t r u c t i o n 1, 3 5 9 , 6 1 6 . 3 0 $ 1 , 3 9 9 , 3 5 5 . 1 2 $ Ll o y d E n t e r p r i s e s , I n c . 1, 3 7 7 , 7 0 2 . 4 0 $ 1 , 4 1 5 , 7 8 2 . 3 5 $ RW S c o t t C o n s t r u c t i o n C o . 1, 3 8 9 , 8 2 3 . 4 0 $ 1 , 4 1 6 , 2 7 6 . 4 4 $ Ho f f m a n C o n s t r u c t i o n 1, 4 4 7 , 5 0 0 . 0 0 $ 1 , 4 8 6 , 2 7 8 . 6 2 $ Ti t a n E a r t h w o r k 1, 4 5 4 , 6 6 3 . 0 0 $ 1 , 4 8 7 , 8 7 2 . 5 3 $ St a n P a l m e r C o n s t r u c t i o n 1, 5 2 9 , 7 1 5 . 0 0 $ 1 , 5 6 8 , 1 0 0 . 5 1 $ Mi l e s R e s o u r c e s L L C 1, 5 8 2 , 0 9 4 . 5 0 $ 1 , 6 2 7 , 7 1 3 . 9 8 $ We s t w a t e r C o n s t r u c t i o n C o . 1, 8 5 6 , 5 4 4 . 0 0 $ 1 , 8 9 5 , 7 7 6 . 1 5 $ 6/ 2 1 / 1 2 1 CA.F Page 59 of 106 CA.F Page 60 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. EM0902 Date: June 27, 2012 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. EM0902, Temporary Flood Control Barrier Removal Project. Background Summary: In 2009, the City of Auburn installed a variety of temporary flood control barriers on behalf of King County to protect the City from the potential for flooding along the Green River and Mill Creek from the reduced capacity of the Howard Hanson Dam. See attached vicinity map for the locations of the barriers. The objective of this project is to remove the temporary flood control barriers and restore the disturbed areas back to their original condition. Construction is anticipated to begin in August 2012 and be complete by December 2012. The project is anticipated to be funded up to 75% ($1,605,520) from the King County Flood Control District fund, and the remaining 25% ($535,174) is anticipated to be contributed directly by the City's 432 Storm fund. A project budget contingency of $8,604 remains in the King County Flood Control District fund. A project budget contingency of $2,896 remains in the 432 Storm fund. O1.8.4 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 2, 2012 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Page 61 of 106 H:\PROJ\EM0902 Green River-Howard Hanson\EXXXX - Levee Removal\PWC Council Info\PWC Permission to Advertise July 2nd\BudgetStatusSheet 062612.xlsx 1 of 1 Project No: EM0902Project Title: Project Manager: Kim Truong Initiation/Consultant Agreement Initiation Date: _________ Permission to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112013 Future Years Total King County Flood Control District (KCFCD)1,605,520 432 Fund - Storm 535,174 Total 002,140,69400 Activity Prior Years 20112012 Future Years Total Design Engineering - City Costs 85,169 Design Engineering - Consultant Costs Construction Estimate 1,703,377 Project Contingency (10%)170,338 Construction Engineering - City Costs 170,338 Construction Engineering - Consultant Costs Total 002,129,22200 Prior Years 20112012 Future Years Total *KCFCD Funds Budgeted ( )00(1,605,520)0(1,605,520) KCFCD Funds Needed 001,596,91701,596,917 *KCFCD Fund Project Contingency ( )00(8,604)0(8,604) KCFCD Funds Required 00000 Prior Years 20112012 Future Years Total *432 Funds Budgeted ( )00(535,174)0(535,174) 432 Funds Needed 00532,3060532,306 *432 Fund Project Contingency ( )00(2,869)0(2,869) 432 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. BUDGET STATUS SHEET Temporary Flood Control Barrier Removal Date: June 26, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) 432 Storm Budget Status King County Flood Control District Budget Status CA.G Page 62 of 106 CA.G Page 63 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Consultant Agreement No. AG-C-415 Date: June 27, 2012 Department: Public Works Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-415 with HDR Engineering Inc. for Engineering Services for the Water Utility Meter & Billing System Improvements Project. Background Summary: Recent improvements in technology have resulted in automated metering systems generally referred to as Advanced Metering Infrastructure (AMI). These systems have the ability to read meters using wireless equipment and transmit the data for analysis and processing. The City is interested in the potential benefits from using this type of system including: more efficient meter reading more efficient billing early leak detection more accurate water usage data remote connect/disconnect and flow limiting meters customer access to their usage data via the internet The consultant will assist the City in reviewing various AMI technologies and assist in a decision making process to determine which system(s) would best benefit the City. The consultant will: Review the City's current metering and billing system. Identify metering system options, inclusive of full system integration requirements, backhaul/data processing requirements, and system conversion/implementation issues. Identify other western Washington utilities who have implemented similar systems. Present of a range of alternatives, in the context of a business case and cost- effectiveness framework, with detailed pros and cons. Identify a preferred direction regarding implementation of system improvements. AUBURN * MORE THAN YOU IMAGINEDCA.H Page 64 of 106 City staff has selected HDR Engineering Inc. to provide engineering services for the initial phase of the project including investigation, alternatives analysis and costs estimates. The Not-to-be-Exceeded cost for this agreement is $50,300. A project budget contingency of $27,700 remains in the 430 (Water) fund for 2012. O4.11.1 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 2, 2012 Item Number:CA.H AUBURN * MORE THAN YOU IMAGINEDCA.H Page 65 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Banner Pole Repair Project Date: June 27, 2012 Department: Public Works Attachments: No Attachments Available Budget Impact: 30,000.00 Administrative Recommendation: City Council grant permission to initiate the Banner Pole Repair Project located at East Main Street and B Street NE. Background Summary: During construction of the Downtown Lighting Replacement project, staff observed settlement potentially impacting the light pole foundation at the NW corner of East Main Street and B Street NE. This pole also serves as one anchor of the Main Street overhead banner. Staff completed a geotechnical investigation of the area and found there is significant settlement of the soils under the northern right-of-way in this location potentially affecting the structural stability of the pole. The report also provided recommendations on corrective work to address the foundation concerns and settlement in the area. Additional information will be provided prior to the meeting. At this time, staff is recommending undertaking repairs to the foundation of the light/banner pole to address potential structural and safety concerns. A budget adjustment of $30,000 from the 328 Fund will be required this year to fund the project. O4.9.1 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 2, 2012 Item Number:CA.I AUBURN * MORE THAN YOU IMAGINEDCA.I Page 66 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4828 Date: June 13, 2012 Department: Parks/Art and Recreation Attachments: Resolution No. 4828 with attachment Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4828. Background Summary: The office of the Cultural Development Authority of King County, doing business as 4Culture, awarded a grant to the City of Auburn in the amount of $17,000 per annum for the 2012 cycle as part of its Local Arts Agency Sustained Support Program. Funds for this program are provided through King County's Hotel/Motel Tax funding initiative. Grant cycles are a bi-annual competitive process. Funding is allocated annually. The money supports City arts programming as well as community organizations that present art programs and/or activities serving the citizens of Auburn. All funded programs are required to acknowledge support from the City of Auburn and the 4Culture Hotel/Motel Tax fund in printed materials and their websites. F5.3 Reviewed by Council Committees: Municipal Services, Planning And Community Development Councilmember:Peloza Staff:Faber Meeting Date:July 2, 2012 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 67 of 106 RESOLUTION NO. 4828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACGEPTANCE OF A GRANT FROM THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY (°4CULTURE' AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS WHEREAS, the City of Auburn Arts Commission, on behalf of the City of Aubum, submitted an application to the Cuftural DevelopmentAuthority of King County 4GULTURE)for a Cultural Facilities Program Grant; and WHEREAS, the City has tieen advised that it has been approved to receive a grant from said program in the amount of Seventeen Thousand and No/100s Dollars 17;000.00); and WFIEREAS, acceptance of the grant wili benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Acceptaoce of Grant and Authorization of Contract The City Council hereby accepts the Sustained Support Program Grant from 4CULTURE, in the amount of SeventeenThousand and No/100s Dotlars ($17,000.00), and authorizes the Mayor and City Clerk to ezecute the Contract with 4CULTURE in substantial conformity with the Contract marked as Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. Imulementation. The Mayor i§ further authorized to implement such administrative procedures as may be necessary to carry out the directions of this Resolution No. 4828 June 2012 Page 1RES.A Page 68 of 106 legislation, including assuring that, the grant fund appropriation is included in the appropriate budget documents of ftie City. Section.:3. Effective-Date. That this Resolution shall take effect and be in full force upon pa_ssage and signatures hereon. SIGNED and DATED this day of July, 2012. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VE S TO FO M: Daniel B. Heid, City Attorne Resolution No.4828 June2012 Page 2RES.A Page 69 of 106 Agreement No. 112061A • Contractors Federal Tazpayer ID No. Qast 4 digits) Contractor Gity of Aubum Project Title: 2012 Programs. Contract Amount: $17,000.00 Fund Source: CP—Arts Sustained Support ConVad Period From: 01/01/2012 To: 12/31/2012 AGENCY SERVICES CONTRACT 2012 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENTAUTHORITY.OF KING COUNTY 4Culture"), whose address is 101 P efontaine Place South, Seattle, WA 981 D42672 and telephone number is (206) 296-7580 and Citv of Aubum (the"Contractor"); whose address is 910 Ninth Street=SE. Aubum. WA 98002 and telephone number is (2531804-5043. Gontractor is an art, cultural or historical organization_or_specialist qualified to receive.funds pursuant to King County Code Sections.2.48 and 4,42 and RCW 67:28.180 and as hereinafter may be amended. The 4Culture Board of Directors appro4ed providing funds fo ttiis project by Motion'No. 2012-10. 4Culture desires to provide.funds wi4h which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, culturel museums, heritage museums, the arts, and/or the perfortning arts and are consistant with those defined in RCW 6728.180 ("Public Benefit Seivices"). 4Cultu e is o ganized pursuant to King County Ordinance 14482 and RCW 35.21730, et seg. RCW 3521:750 provides a§follows: "[All] liabilities incurred 6y such public corporation, commission, or authority shall be satisfied exclusiyely from the assets and'properties of such public corporation, commissiortor auttiority anii no creditoc or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of.any debts, obligations, or liabilities of such pubiic corporation, commission, or authority" The legislative authority of:4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of ARicle VI I, Section 1 of the Washington State Constitu4ion for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and perfortned by the parties hereto, the parties covenant and do mutually agree as follows: AG SVC 2012 Page 1 of 7RES.A Page 70 of 106 I. SCOPE OF SERVICES A. TFie Contractor shall proyide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: Specific Scope of Services & Reimbursement:Schedule Attached hereto as F chibit A Project Proposal and Budget Attached he eto as Exhibit B Insurance Re uirements Attached hereto as Exhibit C Personnel Inventory (K.C.0 12.16.O60A)( In combination with Attached hereto as Exhibit D other.a reements, in excess of$25,000 in a calendar ear Affidayit and Gert'fiicate of Compliance (K.C.0 12.16.060B)Attached hereto as Exhibit E for A eements in excessof$25,000 Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12.16.O60D ORGANIZATIONS ONL B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the ConNactor for expenses incurred expressly and solely in accordance with ihe Project Proposal and Budget and/o the Spec cScope of Services attached.;Any amendment ormodification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing:by 4Culture. The work described generally by the Froject Proposal and Budget and more specifically by the Specific Scope of Services shall fiereinafter be refeRed to as the "Project". C. In addition to performing the Project, Contractor'shall proVide any Public Benefit Provisions that may be specified in the SpecifiaScope of Services attached, D: Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force: e Approved logos are available for download im a variety of formats at c u LTU R E nttp:(www.aou t re.ory mc couxn oomxe va E: The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. 11. DURATION OF CONTRACT This Agreement shall commence on Januarv 1. 2012 and.shall tertninate on December3l. 2012. This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMFENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily compieting the Spec c Scope of Services attached and otherwise fu lling all requirements specified in this contract in an aggregate amount not to exceed $17.000.00. AG 5VC 20]2 Page 2 of 7RES.A Page 71 of 106 B. Contractormay apply to 4Culture for reimbursement upon completion of spec ed phases es detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the fortns attached hereto as "EXHIBITS", not more than 30 days after the completion of each spec ed phase identfied in the Specific Scope of Senrices and Reimbursertien4 Schedule. 4Culture wiil initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agencynot more than 6Q days after the appropriate in4oice is received. . - 0. Contractor shall submit its final invoice and ail outstanding reports within 30 days of the date YhisAg eement terminates. If tfie Agency's final`invoice and reports'are not submitted by the day specified inShissub5ection, 4Culture will be relieved of all liability for paymenYto the Agency of the amounts Set forth in said invoice or any subsequent invoice E: Accompanying the final invoice for the project, the Contractor shall also submit: L A project evaluation report upon the form provided by 4Culture. , _ 2.: If 4Culture requests, at least two images{prints, slides, or digftal images accompanied by a high-quality print-out) of publishable quality for use by 4Culture.to publiciie its funding programs. Photos shall have credits, caption information, and pertnission to publish. F. If the Contractor fails to comply with any tertns or conditions of this contract or to provide in any mannerthe work orservices agreed to herein, 4Culture may wifhhold any payment to the Gorrtractor until 4Culture is satisfietl that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of4Culture's right to terminate this contract as provided in Section IV, any other rightis of4Culture under this Agreement and any other right or remedy availabie to4Culture at law or in eguity: IV. TERMINATION OF AGREEMENT A: If, through any cause, the Contractor shall fail to fulfilf in a timely and proper manner its obfigations underthis AgreemenYor if the Contractor shall violate any of its covenants, agreements or. stipulations of this Agreement, 4Cutture may terminate thisAgreement and withhold the remaining allocation.. Prior to so tertninating this Ag eement, 4Culture shall"submit written notice to the Contractor describing such defauit or violation. 4Cuiture shall not so terminate this Agreement if 4Culture detertnines that Contractor has, within twenty(20) days of the date of such notice, fully corrected such defautt or violation. V. MAINTENANCE OF RECORDS A. The Contractor shalt meintain accounts and record§, inciuding personnel, property, financial, and prog ammatic records and othersuch records as may be deemed necessary by 4Culture to:ensure proper accounting foralC contrect funds and compliance with this Ag eement. All such recortls shall sufficiently end properly reflect all direct and indirect costs of any nature expended and services provided in the perforrtSance of this Agreement. B. These records shall be maintained for a period of six (6) years after tertnination of this Agreement unless a longerretention pe iod is required by law. AG SVC 2012 Page 3 of 7RES.A Page 72 of 106 VI. AUDITS AND EVALUATIONS A: The records and documents with respect to all matters covered.by this Agreement shall be subject at all times to inspection; review or audit by 4Cuiture and/or federaUstate officials so authorized 6y law during the performance of this Agreement and six (6) years after tertnination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state andlor federal agencies or officials at.all reasonable times in order to monitor and evaluate the seryices_provided underthis Agreement. 4Culture will give advance notice to the Contractor in ttie case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with4Culture in the evaluation of the Contractor's pertormance under this contract and to make available all information reasonably requi ed by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. FROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Projed, all rights accruing from such,material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an iRevocable, nonexclusive, and royalty-free Jicense to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials; consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. VIII. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the.success of the services and assumes no obligation for future support of the Project except as expressly setforth in this Agreement. IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor,.and shall detertnine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its o cers, agents or employees are employees of 4Culture for any purpose. The Contractor shall comply with all applicabie federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for detertnining the compensation of its empioyees, for payment of such compensation, and for alFfederal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services: The Contractor and its officers, agents, and employees shall make no claim of career service orciviLservice rights which may accrue to a 4Culture empioyee under state;or local law. 4Culture assumes no responsibility for the payment of any compensation, wages,benefits, o taxes by, or,on behalf of the Contractor, its employees and/or others by reason of this Agreemenf. To the extent allowed by law, the Contrac4or shall protect, defend, indemnifyand save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring orresulting from (1) the Contractors failure to pay any such compensation, wages, benefits; or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor . employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. AG SVC?012 Page4of7RES.A Page 73 of 106 B. T.o the full extent provided by applicable law, 4he C.ontractor shall protect, defend, indemniTy, and seve hartnless 4Culture its o cers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in anyway resulting from the acts or omissions of the . Contractor, its offcers, employees andlor agents, except to the extent resulting from 4Culture's sole negligence: If this Ag eement'is a "a coVenant,,promise; agreement orunderstanding in, or in connection with or collateral to, a contract or agreement relative to the construction, afteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, oad, railroad, excavation, or other:stn.icture, project, development, orimprovement attached to real estate"within the meaning of RCW . 4.24225, the Contractor shall so protect, defend, indemnify, and save hartnless 4Culture, its officers; . employees, and agents only to the extent of the Contractor's, itsoffce s', employees', and/or agents` negligence. The Contractor agrees 4hat its obligations unde this.subparagraph extend'to any claim, demand, andlor cause of action broughtby.or on behalf of any employees, or agents. In the evemt 4Culture incurs:any judgment, awa d and/or cost arising there from including attomeys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include,but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS The Contractoc shall procure and maintain for the duration of this Agreement insurance as- described on the Exhibit labeled as Insurance Requirements attached here to. XL CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethicsfor Municipal Officers—Contrad Interests) is incorporated by reference as if fully set forth herein and the Contractor ag ees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shalF be a material b each of contract. In addition, Contractor represents,warrants and covenants that no officer, employee;o agent of 4Cultu e who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contrad Services funded herein;has or shall have any beneficial ; interest, directlyor indirectly, in this contract. The Contractor further:represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any• such officer, employee, or agent of 4Cuiture, directly or indirectly, anycompensation, gratuity or reward in connection with this Agreement: The Contractor shall take aIF appropriate steps to assure compliance.with this provision. AG S V C 2012 Page S of 7RES.A Page 74 of 106 Xil: NONDISCRIMINATION During the performance of this Agreement,.Contractor shall comply with state, federal and locaf legislation requiring nondiscrimination in employment and the provision of services to the public, including, buYhot limited to: TiUe VI of the Ciyil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by conVactors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12:18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of ail work under this contract, all written quotes, bids, estimates or proposals submitted to the Gontractor by all businesses seeking to participate in this Agreement. T.he.Contrector shall make such documents available to 4Culture for inspection and copying upon request. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shali be in writing and directed to the chief executive officer of Contractor and the F cecutive'Director of 4Cultu e at the addresses firsYwritten above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the:parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Cutture's failure io insist upon the strict performance of any provision of this Agreement or to exercise any,right based upon a tireach thereof or-the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition ofthis Agreement or application thereof to any person or ci cumstances is held:invalid, such invaiidity shall..not affect other terms, conditions, or applications of thisAgreement which can be given effect without the invalid term, condition, or application. To this end,the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings,not- incorporated herein are exctuded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XV. ATTORNEYS' FEES: EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses„induding attomeys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay sortieone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attomeys'fees and legal expenses whether or not there is a lawsuit, including attomeys'fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postjudgmenY collec4ion services. Contractor also shall pay all court costs and such additional fees as may be direc{ed by me court. AG S V C 201 Z Page 6 of 7RES.A Page 75 of 106 XVI. SURVIVAL The tertns and oonditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the tertnination o.f this Agreement and shall be continuing obligations of the parties. 4CULTURE:-CONTRACTOR: 4Culture-CDA Exgcutive Director Signature Date Name (Please type or print) Title (Please type or print). Date AG,S V C 2012 Page 7 of 7RES.A Page 76 of 106 Exhibit A S60PE OF SERVICE Ciry of Auburn and 4Cul ure, che Culcural Developmenc Auchoriry of King Counry, mucually agree rhac the following services be provided in accordance with the applicarion and conuaa woik sheet submitted to and approved 6y the-4Cultiuce Boazd of Direaors. Suppor for 2012 Programs, induding Uniquely Auburn Qan);ArtRageous (Augusc); Small Works/Big Presents Striall Works Fxhibitidn (Novcmber), and the BRAVO performing ares series at the Auburn Avenue Theater and Peiforming Arrs Center (Sept-Dec). Evenu aze open and publicized to the community. AMOUNT $17,000.00' For ar"ist fees and program expenses. Payable upon complerion, submictal of invoice and documentation regarding: . Final budget, accual Compleuon of evaluation form Final report of program aaiviries Programs, brochuru, flyers if availa6le PUBLIC BENEFIT Progiama are accessible to a broad range of King Counry residents.. Programs are accessible to a broad range oEK'tng,County residen s. With the exception of icketed presentations as part of the BRAVO Perfornung Ares Season all the programs listed above are free-adinission co patrons. Accessibiliry and pu6lic brnefit is che paramount purpose and goal of all our municipally sponsored programs. RUBU6ITY/PROMOTION POLICY Prominent acknowledgment of 4Culturd King Counry Lodging Tax Fund is required of all recipients for use in all publiciry and promouonal matcrials, including, buc noc limiced o brochures, websites, press releases, prograins, p.osters, publicservice announcements, flyers and advercisements. Please contacc your 4Culture contratt adminis'trator'or go to www.4culture.org to download the appropriatelogo credit. Final oTa,vment will not be made until acknowledgment issubmitted on printed material RES.A Page 77 of 106 EXHIBIT B Arfs Sustained °Support 2011 City of Auburn Address Website 25 W Main St - www.aubumwa.gov/arts Aubum washington. , Email 98001 artsC aubumwa.00v Phone King County Council District # 253) 804'-5053 7 WA.State Legislative District # 31, 47 Date Incorporated 09/09/1984 Federal Tax ID 91-600d228 WABtate UBI# 171-00-010 Revenue lasY.£sqal year 65,529 Reyenue 2nd to last£scal yeac - 75,941 Organization Dlrector Director of Parics, ARS and Recreation;.Mr. Daryl Faber Direetor Email• dfabe @aubumwa.gov Direetor Phone 253) 804-5044 Organiiation Description A loCal govemment agenty founded by ordinance, comprised_of an appointed (by Mayor antl Council) 12,member aGvisory board whose purpose is to advise•staff.in order to offee.quality ar[s programs and services for the citizens of,AUbum. Mission The City of Auburn Arts Division's purpose is to serve the citizens of Auburn by fostering cultural growth and enrichment„sponsoring programs representative ot the entire acLS spectrum and providing pro9rams that are reflective of the growing diversity of tFie population of the City of Auburn. Contact Person Arts Coordinator, Ms. Maija McKnight ., ConWcE Phone 253) 804-5043 Contact Email mmckn ig ht@ a ubucnwa.g ov How do you define your community? (Consider audienees, conient produeers,and supporters/volunteers.) file:///R/..:AA%20Appliotions%20--%20inG.%20pdf%20portfolio/Aubum%20Arts°kZODivision/Aubum_0011_fleldData.htrnl[5/14/2012 424:47 PM RES.A Page 78 of 106 Auburn is describedas a city of"twos": two nations (USA and Muckleshoot Tribe), two counties (King and Pierce), ' two legislative districts (47 and 31), and two rivers (White and Green) and these unique distinctions define much of the city's charec[ec Aubum-serves as both a commuter bedroom community, as well as a 100+ year old community that has a strong sense of self as wel as regional identity and history. The current population of 68,000 has grown from 49,000 in 2Q06 with the annexation of previously unincorporated surrounding communities. Outside city boundaries, Auburn regularly serves audiences.northward to Kent, East to Enumclaw, West to Fede21 Way and South to Puyallup. Aubum's audiences are diverse in background, ethnicity and age. Ethnic minoriGes make u0 19% of Auburns population, with large communities of Ukranian, Mexican, Mexican Indigenous Tribes, Native American (Muckleshoot), and Japanese. The Culturel Arts Division works to provide a well-rounded comprehensive arts programs that include visuai art displays, live perfortnances, concer[s;festivals, and pubiic art program, in order to,provide access to art through various interests as well as free and ticketed opportunities. In a professional survey conducted in Spring 2009, residents of Auburn valley gave the City's ar[s and recreational programs the highesj rating above all other City services for"quality of programming"and approval of"public funds dedicated"to these program (from "City Opinions of City Govemmen[,° June.2009, Elway Research, Inc.) This supports what the City believes is the purpose behind its mission in support of the arts: Auburnites don't consider their city just a commuter town in which they happen to live. They consider Aubucn their home where they live, work and play. What have been your organization's most significant programmatie accomplishments in the last two years2 In 2009, the arts department coordinated tFiree very successful events that were created to celetirate and recognize the 25th Anniversary of the Aubum Arts Commission. These included: "Small Works, Big Presents"and adjudicated art show in partnership with the White River Valley Museum, "ArtRageous: Artists in ARion Fair"; and Walk the Talk: Public Art in Aubum" featuring presentation by 4Culture Public Art to City of Aubum Public Works employees, a docent led downtown public art walk, and a modereted panel discussion featuring nine artists whose work is part of Aubum's collection. Small Works and ArtRageous are two programs that are now parE'oE regular programming. In 2010, the t2ditional BRAVO Performances (traditlonally nationally touring groups hosted a[the larger 1100 seat Perfortning Art Center), performances offered at the Aubum Avenue Theater, and the youth performances and theater campsthat occur throughout the year were combined to create a new series. The performing-art series in 2009 had suffered from low attendance and had been reduced to 4 performances. By combining programming dollars through a variety of separate budgets that were working towards the same goal, we were able to create a season that highlights 29 performances throughout the year which offers a wide variety of arts oppoKUnities to various interests and audiences and publicize it as a cohesive arts season. Additionally in this past year, Aubum is undergoing major efforts for the revitalization of it's historic downtown and Les Gove Community Campus. With the variety of new construc[ion, public art is a key asped and three concurrent projects are in the works: Virginia Paquette (Les Gove Community Center), Bruce Myers (Les Gove Ac[ivity Center), and Sheila Klein (City Hall Plaza). What have been your organization's most significant administrative accomplishments in the last two years2 , While the City of Aubum had significant staff layoffs in 2009 due to the budge[ realities, over the past year, staff and commission members have workeil towards continuing the quality and quantity of arts programming in IighYOf the elimination of one arts position. The BRAVO Performing Arts Series was revitalized. This was done for the reasons mentioned above, but also as a necessity to have various s[aff share the responsibility for specific aspects ofprogramming. dnstead of three separate staff working on BRAVO, Aubum Ave, Youth Perfortnances, we haye worked closely together to combine efforts where it makes it more efficient (marketing, pr, ticketing, volunteers) as well as inform others decisions to ensure a diversity of programming and take advantage of opportunities that arise. Implementation of the 1% Percent for Arts Resolution file:///R J...AA%20ApplicationsMo20--%20incl.^/dOpdf%20portfoiio/Aubum°h20Arts%20Division/Aubum_D011_fieldData.htrnl[5/14/2012 4:24:47 PM] RES.A Page 79 of 106 Arts and Culture Regranting to the following organizations: Aubum Symphony Orchestra, Uniquely Aubum, White River Valley Museum 6ommunity Mural Projects alI funded by Community Based Services Grants (and all artist led): o Clean Sweep- Volunteers painted a mural to be placed on the side of the Aubum Avenue Tlieater o ArtRageous - Festival attendees painted temporary murals to be placed on construction fencing o Urban Artworks - Seattle non-profit tfiat works with youth to create murals. Hosted an 8-week program in which they painted murals that are insUlled on the Les Gove Community Campus Construction fencing. o Downtown Business DisErict - Communiry members were invited io paint on the boarded up windows of an abandoned building in the downtown core. What do you hope to acwmplish in the next two years and what are your challenges7 Auburn faCeslhe,same economic chailenges as the rest of King County. Auburn's Mayor and Council, however, are very supportive of the arts and understands the impor[ance of a vibrant arts community,to the quality of life for its citizens. That being said, with these economic times, working towards maintaining funding, seeking new funding/sponsorship resources is paramount, while also strategically planning to ensure quality of all prog2mming offered. A vibrent arts community requires investment and involvement of the citizens. Various arts organizations and arts, groups are active in Aubum in which we seek to continue to financially suppor[. In the past two years,a large percentage of the 4Culture Sustained Support funding has been dedicated to the presentation of ArtRageous. This festivaLhas tieen incorporated into Uie budget decision package for 2011-2012 in considera[ion ofbeing fully funded by the City budget and'not grant dependant. This will allow us to use 4Culture funds for regranting,to,rtiany of thesmaller arts organizaUons in need. We have an engaged group of mmmissioners, many of whom are relatively new and passionate about rnntinued arts.funding evemin a tight economy. A strategicplanning retreat as well as some training sessions wiil be key for prioriUzing future potential decisions. With the City investrneM in downtown redevelopment infrastcucture; working with the Economic Development staff as well as providing additional programming will be a pNOrity. A potential art walk, events, festivals, and working with businesses to display artwork are ongoing:conversations. file:///R/...AA%20Applications%20-Ok20ind.%20pdf%20portfolio/AUbum°/a20Arts5'o20Division/Aubum_0011_fieJdData.html[5/14/2012 4:24:47 PM] RES.A Page 80 of 106 e CULTURE 2011 LAA Sustairied Supporf Operating Budget E'°° """'"'°"°' e- . xaote oF un: Crty of Au6um Arts Commission Fisrai vear enes: neaemeer st month/daYl ACTUAL ACTUAL CURRENT FINANCIAL Fvzooe-os Frzoos-ao Fvzmo-ii t Arts Program Expenses: 2 PBf50fif18: a«..,.rs rX' i o- ...._."_L..'n_.....,u'^- r.'. t..' .r ...v..:,:?;i:a.,.e.v- .;a,r— e.'_.» . .T'-uti.i 3 Artistic permanent 4 mmPorary I 5 Protludlon pertnanem I s empaay iz,ioo zz,000 iz.000 7 ndminatrah e permanem zzs,eoo iee,eoo isz,000 8 mmP ry I I I` I 9 Educa6on partnanem . I I o v n I I 1 I aroau n erome enses zas,aoo I zze,soa I zai,zoo I t2 r tarYecnglaromocane.penses I zs,soa i u,aoo I n,oao I 13 Funtlraisingeqienses I I I I ta Eauweane yerees I I I 15 Omryern.ye enses(mMgegPhenUutilitiesj I 81,600 82,900 Bl,'700 16 Atlministretiveezpense5 I 16,700 15,S00- 19;100 17 Subtotal 605,300 558,300 527,000 18 lo-l(intl enpenaes I si=inkina Conmbutirmis I 19 .TOTALARTPROGRAMDCPENSES 605,100 558,300: 527-,'000_ 20 Eamed lncome: t n- ,> . `t .:.:1..'°P-i ui. .r, u _ :.Sa. 21 BoxOHkelAtlmission 112,360 63,991 55,529 22 SuNONWakshops I 23 SakslConce55ion51Renp15 10,500 11,950 10;A00. 2a Imeresl a Eamiiigs(savu gs,reserves,etc.) I I I 25 OUrerEamedlncoma I z,.000 I I 28 TOTALEARNE REVENUE 12<,860 I 75;9<7 . 65,529_ 27 CoMributed Income: n..:.—c , ,.;:..,+,_ , - ' T ..µ,,, .:4. . t .-:. .--- 28 Fedmal GovemmeM 29 Srata covemment I I I 30 4CuIluR 15,600 21,000 17,.000- 31 GlyGouemment I 939,690 I 403,059 I 918,200 32 Coryo ations I I I ' 33 Fountlations I I I - - — - 34 hMNiduals I I I 35 Fu reismg Events(ONet or OGioss mcome?) . I I 36 Mist:con6ibutiafs I 5,OOO I I 37.SUBTOTALCONTRIBUTEDINCOME 460,24o I 929,059 435,200 38 In KmtlContributloirs 20,000 58,300 91-,800 39 TOTAL INCOME aos,ioo I sse,3oo 52,'000 ', RES.A Page 81 of 106 CULTURE 7 7 Sus ined 5uppwi Operating Budget Nobes Budget notes a2 valuable in explaining your organizetion's operations. Please use thrs area ro help us understand your operations, and focus on eny categories thet show a sign cant variance from year to year. Make sure to explain what makes up your in-kind revenue iI it represents more than 10%of your total income LINE ITEM/CATEGORY EXPLANATION I Biennial budgm cycla Ciry Council wil]approve 201 I-2012 budged in December 2010. Figures include both Arts and Auburn Avmue Theater budgets.Pub M not included. Reduced 6ours for pan-time arts assistant 6 Eliminated one arts position and reassi ed management duties to aaother statT member, 7 a portion of who's salary is part of Arts&Theater budgea.(FCE wunt is 2.5) Production expenses include performing arts fees.rentals.communiry arts suppon,art education,gallery and public att admiuistration.(Public art is a separace capital fund). Lease paymrnts and general repairs for Auburn Avenue Theattt IS AdministraAve Expenses include supplies,small tools&minor equipment, 16 communications,training.and trevel charges. Progam reductions,lower ihan average BRAVO Perfomiing Arts seria attmdance,and 21-25 loss of renra]revenue due w economy. FY 2009-10 indudes LAA sustained support and equipment grent FY 2010.11 includes 30 LAA sustnined suppon only Interfund City Smices including Mulemedia&Information Services 38 I RES.A Page 82 of 106 I CULTURE EVENTS/PROGRAMS/SERVICES TM'"`°°°°°' LI5T YOUR PRIMARY ACTMTIES FOR THE MOST RECENTLY COMPLETED YEAR: ACTMTY EST.ATTENDANCE Gallery(City Hall -Monthlyrotation 8 Senior Center-2 month rotation) 1,000 BRAVO Perfortning Art Series (5)3,027 Comedy at the Ave(10 Shows) 1,974 Avenue Kids (8 Shows) 528 Youth Theater Camp at the Ave 1,269 Live at the Ave (15 shows) 1 764 Community Theater' 550 Public Art Projects: (3) Community Cerrter,Activity Center,City Hall Plaza Event: ArtRageous:Artists in Action Fair 1,500 Kids Summerstage(5) 1,500 Mural Project(s): Clean Sweep, Urban Artworks,ArtRageous 1,000 Art with Artist Classes 200 Support of Community Art Events Aubum Symphony Orchestra_ Small Works, Big Presents:The Gift of Art-Exhibition and Sale Uniquely Aubum 800 RES.A Page 83 of 106 City of Aubum Parks, Arts and Recreation Arts Commission Name&Officer Titles Professional or Community Affiliation Lesiie Moore,Aubum Arts Commission Chair Dean Green River Community College, Continued Education Patricia Judd, Aubum Arts Commission Vice- Aubum School District Administration Chair, and 2011 Chair Tanya Rottle, Public Art Committee Chair Elementary Educator(5 Grede) Debby Deal,Visual Art Committee Chair ArtisVCommunity Advocate Donna Smart, Arts Education Committee Chair Reference Librarian/Community Advocate David Sader, Perfortning Arts Committee Chair MusicianlCommunity Advocate Linda Elliott Retired Elemerrtary Music Teacher,Aubum S hon OrchesVa Board Member Nancy Colson Real Estate Broker,Aubum Symphony Orchestra Board, Former 4Cu ture Advisory Board, Soro timist Cary Davidson Secondary Education Teacher/Graphic Artist Greg Watson Secondary Education Teacher/Historian Rich Wagner(ex-officio/non-voting) City Councii Liaison Staff Daryl Faber, Director Aubum Parks, Arts and Recreation Maija McKnight,Arts Coordinator Aubum Parks,Arts and Recreation Julie Brewer, Special Events and Marketing Mana er, Aubum Parks,Arts and Recreation RES.A Page 84 of 106 EXHIBIT C INSURANCE REQUIREMENTS CoMractoc shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection wRh the performance of work hereunder by the Contractor, his agents, representatives,emptoyees,andlor subcontractors. The costs of such insurance shall be paid by the Corrtractoc or subcontractors. For All Coverages Each insurance policy sha l be written on an'Occurrence"form. 1. Minimum Scope of Insurance needed for this contract is as follows: Commercial General insurance Services Office form number(CG 00 01 Ed. 11-88 Minimum Liability Combined Single Limit of$1,000,000 BI &,:PD with a General Aggregate er ro'ect Automobile Liability CoVering"all owned and non-owned and hired automobiles—Combined Sin Ie.Limit of$1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured reterrtions must be declared to; and approved by, 4Culture. The deductible and/or - self-insured retention of the policies shall notapply to the CoMractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions A. The insurance,policies are to contain, or be endorsed to conTain, the following provisions: a) General Liability Policies 1) 4CuRure, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activRies performed by or bn behalf of the GonVactor in connection with this Agreement. 2) To the extent of the ConVector's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its o cers, employees, and agents. My insurance and/or self-insurance maintained by , 4Culture, its officers, employees„or agents shall notcontribute with the ConVactor's insurance or benefrt the Contractor in any way.' 3) The ConVactors insurance shalf apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b) All Policies 1) Coverage shali not be suspended;voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contrad: No material change, or cancellation oc nonrenewal of any policy required by this conVact shall occur without thirty(30)days' prior written notice to 4Cutture. 4. Acceptability of insurers Unless otherwise approved in writing by 4Cutture, insurance is to be placed with insurers with a BesYs raUng of no less than A:VIII, or, 'rf not rated with BesYs, with minimum surpluses the equivalent of Bests'surplussize VIII. 5. Ve cation of Coverage 4Culture, reserves the right.to request that contractor submit the certficate(s) of insurance evidencing compliance with all requirements set forth above. RES.A Page 85 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4829 Date: June 27, 2012 Department: City Attorney Attachments: Resolution No. 4829 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4829. Background Summary: In 2006, the citizens of the cities of Algona, Auburn and Pacific approved the creation of the Valley Regional Fire Authority and funding the organization with a regular property tax levy and benefit charge. While the regular property tax levy continues on an on-going basis, the benefit charge approval only applies for six years, and extensions of the benefit charge, for further six year periods, need to be re-approved for this charge to apply. An election will be held in August 2012 on the proposition to continue funding the VRFA utilizing the benefit charge. Resolution No. 4829 expresses the Council's support for the proposition to continue funding the VRFA utilizing the benefit charge as one of the main revenue sources. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Partridge Staff:Heid Meeting Date:July 2, 2012 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 86 of 106 RESOLUTION NO. 4 8 2 9 A RE$OLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXPRESSING ITS SUPPORT FOR VOTER APPROVAL OF THE VALLEY REGIONAL FIRE AUTHORITY PROFOSITION TO CONTINUE A VOTER-AUTHORIZED BENEFIT CHARGE EACH YEAR FOR AN ADDITIONAL SIX (6) 1fEARS WHEREAS, in 2006, the "ci4izens of the ci6es of Algona, Aubum, and Pacfic, Washington, approved the creation of the Valley Regional Fire Authority VRFA) and funding the organization with a regular property tax and benefd charge; and WHEREAS, VRFA has been funded since its inception through a combination of a regular property tax levy and a benefit charge; and WHEREAS, while the regular properly tax obligation continues on an on- going basis, the benefit charge approval only applies for six years, and extensions of the benefd charge, for further six year periods, would need to be re-approved for this charge to apply; and WHEREAS, accordingly, per state law, the VRFA would need to seek voter approval of the benefit charge for it to continue; and WHEREAS, the citizens of all three cities have benefited greatly from the creation of the VRFA and the regionalization of fre, emergency medical and rescue services; and ResoluUon No. 4829 June 27, 2012 Page 1 RES.B Page 87 of 106 WHEREAS, an election will be held in August 2012, on the proposition whether to continue iunding the VRFA utilizing the.benefd charge; and WHEREAS, the Council believes it is in the best interest of the VRFA and its citizens that such measure be approved at.the election; and WHEREAS, the Council also believes that the ben t charge is an equitable method of apportioning the costs of fire, emergency and rescue services among those persons and businesses benefiting from such services; and' WHEREAS, the Council desiresto express its support of the proposition and urge all voters in the City to become informed about the necessity of approving the proposition to continue the collection of the benefit charge; and WHEREAS, RCW 42.17A.555 authorizes city councils to express their collective positions on ballot measures, in accordance with the provisions therein set forth. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, as follows: Seetion 7. The Council declares its support for the proposition to continue funding the VRFA utilizing the benefit charge as one of the main revenue sources, and urges all registered voters of the City to become educated about the advantages of and necessity for the use of the benefit charge to assure funding of fire, emergency, and rescue services for the citizens served by the VRFA. Resolution No. 4829 June 27, 2012 Page 2 RES.B Page 88 of 106 Title and Number of the Baliot Proposition PROPOSITION N0. 1 VALLEY REGIONAL FIRE AUTHORITY Shall Valley .Regional Fire .Authority, , serving the communities of Algona, Aubum and Pacfic, be authorized to coMinue voter-authorized 6enefd charges each year for six years, not to exceed an amount equal to sixty percent of its operating budget; and be prohibited from'imposing an additional property tax under RCW 52.26:140(1)(c)? YES NO Section 2. That 4he Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed 4his day of 2012. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APR S TO FOR : I B.: ' , City Attome Resoluution No. 4829 June 27; 2012 Page 3 RES.B Page 89 of 106 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4830 Date: June 26, 2012 Department: Public Works Attachments: Resolution No. 4830 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4830. Background Summary: Resolution No. 4830 authorizes Mayor and City Clerk to execute an Interlocal Agreement with King County for the completion of the Emergency Flood Protection Measures project and specifically covers the removal of 5 miles worth of existing temporary measures within the City. In 2009, the United States Army Corps of Engineers ("Corps") announced that the Howard Hanson Dam had a diminished capacity due to identified side wall seepage, and that the dam may have had to release waters in the coming months into the Green River that could cause flooding in the City. Following this both the City and King County issued emergency proclamations that declared that the threat of releases of additional waters from the Howard Hanson Dam constituted an emergency and on October 15, 2009, executed an Initial Contract, which authorized the City to undertake the installation of temporary emergency flood protection measures and the County to pay the City up to $1,019,200.00 as reimbursement for costs incurred by the City in undertaking this work. On September 16, 2011, the Corps announced that significant repairs had been completed to the Howard Hanson Dam and that the capacity of the Dam had been restored to its pre-damaged state. On May 14, 2012, the Board of Supervisors of the King County Flood Control District, through adoption of FCD Resolution No. FCD2012-02, identified up to $2,140,694.00 of funds to be used by the City for actual costs incurred in removing materials previously installed by the City on the Green River levees and in restoring and repairing the levees, provided that 75% ($1,605,520.00) of such amount come from the District, and 25% ($535,174.00) of such amount be contributed directly by the City or by the City from loans by the District to the City from the District's Opportunity Fund, with 1% per annum AUBURN * MORE THAN YOU IMAGINEDRES.C Page 90 of 106 to be charged to the City on the unpaid balance. O1.8.3 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 2, 2012 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 91 of 106 RESOLUTION NO. 4830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXEGUTE AN INTERLOCAL AGREEMENT WITH KING GOUNTY FOR THE COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT WHEREAS, in 2009, the UnRed States Army Corps of Engineers Corps") announced that the Howard Hanson Dam, over which the Corps has jurisdiction and operational responsibilities, had a diminished capacity due to identified side wall seepage, and that the dam may have had to release waters in the coming months into the Green River that could cause flooding in the City. The Corps also purchased materials for flood protection purposes that it made available to the Counry, the City and other local jurisdictions, so long as the materials were used in accordance with the recommendations provided by the Corps, and were retumed to the Corps once the threat posed by the diminished capacity of the Howard Hanson Dam had been addressed; and WHEREAS, in 2009, both the City and King County issued emergency proclamations that declared that the threat of releases of additional waters from the Howard Hanson Dam constituted an emergency; and WHEREAS, the City and King County on October 15, 2009, executed the Initial Contract, which authorized the City to underfake temporary emergency flood protection measures, consistent with Corps spec cations, on County and Resolution No.4830 June 20, 2012 Page 1 of 4 RES.C Page 92 of 106 District property, and the County to pay the City up to $1,019,200.00 as reimbursement for costs incurt ed by the City in undertaking such emergency measures, and WHEREAS, on September 16, 2011, the Corps announced that sign cant repairs had been completed to the Howard Hanson Dam and that the capacity of the Dam had been restored to its pre-damaged state; and WHEREAS, on May 14; 2012, the Board of Supervisors of the District, through adoption of FCD Resolution No. FCD2012-02, ident ed up to 2,140,694.00 of funds to be used by the City for actual costs incurred in removing materials previously installed by the City on the Green Rivec levees and in restoring and repairing the levees, provided.that 75% of such funds come ftom the District, and 25% of such amount ($535,174.00) be contributed directly by the City or by the City from loans by the District to the City from the DistricYs Opportunity Fund, with 1% per annum to be charged to the City on the unpaid balance; and WHEREAS, the City and the County wish to set forth the terms and conditions under which the County will reimburse the City for actual costs incurred in completing the temporary emergency flood protection measures initiated in 2009 by removing the flood barrier materials from the levees and dis#urbed areas and restoring and repairing the levees and disturbed areas to Resolution No.4830 June 20,2012 Page 2 of 4 RES.C Page 93 of 106 their previous condition, up to the amount of $1,605,520.00, subject to a mffiching contritiution by the City of 25% of the $2,140,694.00 amouM identified by the Disfict, or $535;174.00, to be paid from loans from the District Opportunity Fund or from funds paid direcfly by the City, and under which the City will undertake and complete such removal, restoration and repair measures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY.RESOLVES as follows: Section 7. The Mayor is hereby authorized to execute an iMerlocal agreemeM with King County, in substantial conformity with the agreement attached hereto, marked as Exhibit 1 and incorporated.herein by this reference, and to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 2. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed 4his day of 2012. CITY OF AUBURN PETER B::LEWIS MAYOR Resolution No.4830 June 20, 2012 Page 3 of 4 RES.C Page 94 of 106 ATTEST: Danielle E. Daskam, City Clerk APP D AS TO FO M: aniel B. ' , Gity Attomey Resolution No.4830 June 20,2012 Page 4 of 4 RES.C Page 95 of 106 COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PR07ECT THIS COOPERATNE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJEGT (°AgreemenY is entered into on the last date signed below by and between the Parties, the CIl'Y OF AUBURN, a Washington municipal corporation ("City"); and KING COUMY, a poiitical subdivision of the State of 1Nashington ("County"), (collectively referred to herein sometimes as the Parties") with reference to the following facts: RECITALS A. This Agreement is a contract setting the tecros and conditions by which the City will complete the temporary emergency flood protection measures project, initially authorized by that certain Agreement for Fiood Protection Services by and between the City and the County, dated October 15; 2009, as amended ("Initial Contrad"), by removing the temporary flood protection barriers along the Green River and restoring and repairing the levees and othe areas containing flood control measures to their prevfous condition, and by which the County wiil reimburse the City for such work up to a specified amount and grant to the City rights of access and license as required for the City to complete the work. B. In 2009, the United States Army Corps of Engineers ("Corps") announced that the Howard Hanson. Dam, overwhich the Corps has jurisdiction and operational responsibilities, had a diminished capacity due to identified side wall seepage, and that the dam may have had to release waters in the coming months into the Green River that cou_Id cause flooding in the City. The Corps also purchased materials for flood protection purposes thap it made available to the County, the City and other local jucisdictions, so long as the materials were used in accordance with the recommendations provided by the Corps, and were returned to the Corps once the threat posed 'by the diminished capacity of the Howard Hanson Darri had been addressed. C. Following the announcernent by the Corps; the King County Executive issued an emergency proclamatfon declaring that the threat of releases of COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PRO]ECF Resolution No.4830 Exhibit 1 lune 20,2012 Page 1 of 10RES.C Page 96 of 106 additional waters from the Howard Hanson Dam constituted an emergency, waived county procurement requirements for contracts related to the county's response to the emergency, and postponed County permitting procedures for public wocks. D. The Mayor and City Council of the City of Auburn also issued an emergency proclamation that declared that the state of emergency conditions declared by the County were approved, confirmed and adopted by the City Council, and that provided that during the existence of the emergency, the Mayorof the City was authorized to implement administrative procedures deemed necessary to prepare for, respond to, stabilize and control the emergency, consistent with state law and local regulations. E.The King County Flood Control Zone District, a quasi municipal corporation and taxing district under the constitution of the State of Washington, whose purpose is to sponsor and implement flood control and protection measures District"), by resolution authocized $1,019,200.00 in funding to assist the City in undertaking temporary emergency flood protection measures and authorized the Gounty, as Service Provider to the District, to enter into a contract with the City to provide this funding for the City to implement identified emergency flood protection measures. F. The City and the County on October 15, 2009, executed the Initial Gontrect, which authorized the City to undertake temporary emergency flood protection measures, consistent with Corps specifications, on County and District property, and the County to pay the City up to $1,019,200.U0 as reimbursement for costs incurred by the City in undertaking such eme gency measures. The Initial Contract also provided that upon a determination by the Corps that the Howard Hanson Dam had been restored to its design capacity, the City was to be responsible for removal of the flood protection materials, and restoration of the levees to their previous condition. The City was to pay the costs for such removal and restoration unless the County determined that funds were available to pay for some or all of such costs. G. On September 16, 2011, the Corps announced that significant repairs had been completed to the Howard Hanson Dam and that the capacity of the Dam had been restored to its pre-damaged state. H. On May 14, 2012, the Board of Supervisors of the District, through adoption of FCD Resolution No. FCD2012-02, identified up to $2,140,694.00 of funds to be used by the City for actual costs incurred in removing materials previously installed by the City on the Green River levees and in restoring and COOPERATIVE AGREEMENT FOR GOMPLEfiON OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT ResoluUon No.4830 Exhibit 1 lune 20,2012 Page 2 of 10RES.C Page 97 of 106 repairing the levees, provided that 75% of such funds come from the District, and 25% of such amount ($535,174.00) be contributed directly by the City or by the City from loans by the District to the City from the Distcict's Opportunity Fund, with 1% per annum to be charged to the City on the unpaid balance. In the event the loan mechanism is utilized, the City and the County shall enter into a separate loan ag eement. I.The County, as the Service Provider to the District under the terms of that certain Interlocal Agreement Between King County and the King.County Flood Control Zone District Regarding Fl,00d Protection Services, as amended, and pursuant to FCD Resolution No. FCD2012-02, is authorized to enter into this Agreement to utilize funds from the District and to agree to the terms under which the Work, as hereinafter defined, is to be completed. The City and the County wish to set forth the terms and conditions under which the County will reimburse the City for actual costs incurred in completing the temporary emergency flood protection measures initiated in 2009 by removing the flood barrier materials from tfie levees and disturbed areas and restoring and repairing the levees and disturbed areas to their previous condition, up to the amount of$1,605,520.00, subject to a matching contribution by the City of 25% of the $2,140,694.00 amount identified by the District, or $535,174.00, to be paid from loans from the District Opportunity Fund or from fiunds paid directly by the Gty, and under which the City will undertake and complete such removal, restoration and repair measures. NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein, the Parties agree as follows: AGREEMENT 1. All recitals are hereby ratified as part of this Agreement. 2. The City shall complete the work ("Work"), which is hereby defined to include: a. Removal of temporary emergency flood protection materiaf that was added to the Green RiVer levee system, along the Green River and along Mill Creek, as shown and described on Exhibit A. by or.on behalf of the City pursuant to the Initial Contract. The City shall provitle notice'to the County at least 10 deys before such removal is to begin, and the County shall. have the right to have COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENGY FLOOD PROTECTION MEASURES PRO]ECT Resolution No.4830 Ezhibit l June 20,2012 Page3 of 10RES.C Page 98 of 106 personnel present, at the County's sole expense, during such removal for the purposes of monitoring the activities associated with the removal. b. Provision of notice to the Corps and the County of the removal of such materials and coordination with the Corps on the retum to the Corps of any materials and containers originally provided or fuhded by the Corps that the Corps determines should be retumed. The Corps shali have full discretion in terms of what materials it wishes to have retumed, and those that it does not. If the Corps determines that specified materials originally provided or funded by the Corps shouid not be returned, then the City in its discretion may keep such materials or dispose of them as proVided in 2.c. below. c. Disposal of all materials determined to be waste, after consultation with the Corps. Such disposal, management and transport shall be in accordance with all applicable local, state, and federal directives, laws, and regulations. d. Restoration and repair of all areas where temporary emergency flood protedion materiais were placed, or were impacted by such placement; to the co.ndition prevlous to the placement of the materials. The City shall provide notice of and coordinate such restoration activities with the County agencies having custodial responsibilities for such areas, if applicable. The restoraEion and repair shall,be deemed complete when the County issues its notice of Final Acceptance, as described in No. 15 below. 3. Any contrects that the.City intends to enter into for pertormance of the Work shall be provided to the County at least ten (10) days prior to the date the ty intends to place the contract out for bid. The County shall have the right to provide comments on such contracts and shall provide those comments to the City no later than five (5) working days after the date the documents are provided to the County by email, which the City shall take into account in good faith before placing the contract out to bid. Such contracts shal6 be in compliance with all state and federal laws and regulations goveming the procurement of services as applicable to a local govemment. 4. Any change orders or combination of change orders to the contracts entered into by the City Por the performance of the Work that exceed $100,0U0 shall be provided to the County, at least five (5) days prior to the intended date of execution, for County review return and comment, which comments shall be retumed to the City within three (3) working days after the County receives copies COOPERATNE AGREEMENT FOR COMPGEIION OF EMERGENCY FLOOD PROTECTION MEASURES PRO7ECT Resolution No.4830 Exhi6it 1 June 20,3012 Page 4 of 10RES.C Page 99 of 106 of the documents by email. The City shall take into account in good faith the comments received from the County before executing the change order. 5. The City agrees to maintain documentation of all Work performed sufficient to meet state and if applicable, federal, audit standards for the implementation of a capital projed. The City agrees to maintain additional documentation that is reasonabty requested by the County in order for the County fo accurately track expenditures and use of funds. City contract and internal documents wiil be made available to the County for review and/or independent audit upon request for six (6) years after completion of the work. 6. Reimbursement. a. Subject to the provisions of No. 6.b and No. 7 below, the County will reimburse the City forthe actual costs incurred for the performance of the Work within sixty j60) days of submittal of the invoices to the County, up to an amount not to exceed $1,605,520.00, unless the Parties agree to extend that time to resolve disputes. b. For payment of any given invoice, the County shall pay 75% of the invoice amount with funds from the District and 25% with loan funds from the District's Opportunity Fund, if such loans are requested by the City, or if no loan is reguested, the City shall pay its 25% share of the invoiced amount. Any costs in excess of $2,140,694.00 required to accomplish the Work shall be paid by the City. 7. Until the County issues its Notice of Final Acceptance, es described in No. 15 below, the County shall retain 10% of the totel costs of the Work. Upon issuance of the Notice of Fnal Acceptance, the County shall pay the retained amount to the Gity. 8. The County, to the extent that its property interests and those of the District allow, hereby grants the City the right of access to the levees and other areas containing temporary flood control measures, and license and permission for special use to. perform the Work upon the levees and other areas containing temporary flood control measures as are identified in Exhibit A, attached hereto and incorporated herein by this reference (collectively referred to herein as "Levees"). 9. The City shall be responsible for complying with all applicable Iaws, and obtaining all required permfts in connection with the Work. 10. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a COOPERATNE AGREEMENT FOR COMPLETION OF EMERGENCYPLOOD PROTECRON MEASURES PRO]ECT Resolution No.4830 Exhibit 1 June 20,2012 Page 5 of10RES.C Page 100 of 106 guarantee or warcanty of protection from flooding or flood damage to any person, entfty or property, and nothing contained herein shall be construed as waiving any immunity to liability by the City, the County and/or the District, granted under state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as othen vise granted or provided for by law. 11. The C'ity acknowledges and agrees that it will not allow any lien or encumbrance to be placed upon the real property Interests and any other interests held by King County and/or the District in connedion with the Work. If any lien or encumbrence is so placed, King County and/or the District shall have the right to remove such lien and charge back the costs of such removal to the City. 12. The City authorizes, but does not require, the County,. its employees, contractors; agents and volunteers to visually inspect and monitor the condition and performance of the Work at all times during the duration of this agreement at the County's sole expense. 13. The City, its ofFicers, employees, agents, contractors, invitees and volunteers acknowledge that the County and the District have made no representations as #o the current condition of the Levees. The City agrees to hold harmless and indemnify the Coun.ty and/or District for any negligent act or omission of the City, its officers, employees, agents, contractors; invitees and volunteers, to the extent not within any immunity conferred by law on the County and/or the District arising out of. the Work performed on the Levees pursuant to this Agreement. Such indemnification shall extend to any claims, including all demands, suits and judgments, for damages arising out of injury to persons or damage to property, where such injury or damage is caused by, arises out of the City's negligence. The City shall by contract terms require its contradors to pass through indemnification to the Distrfct and County to the extent of their respective property interests. The Partfes recognize that the Work is intencled to restore the Levees and other locations containing temporary flood control measures to the condition that previously existed before damage occurred to the; Howard Hanson Dam. With the Dam restored to its previous functioning capacity, thece still remains no guarantee that flooding will not occur. In the event that flooding does occur, the City, County and the District shall continue to enjoy the immunity for flood prevention measures conferred by law, and it is the intention of the Parties that the City, as contractor to the County, shall likewise be_ included within such immunity to tHe extent allowed by law, and to the extent not covered by the City's own immunity or its reasonable COOPERATNE AGREEMENT FOR GOMPLETION OF EMERGENCY FLOOD PROTECTION.MEASURES PROJECT Resolution No.4830 Exhibit 1 June 20,2012 Page 6 of SORES.C Page 101 of 106 exerclse of its police powers. Nothing in this No. 13 shall be construed to eliminate; reduce, or otherwise abrogate any immunity conferred on the City, County end/or District in connection with acts or omissions arising out of the Work. The indemnification provided for in this No. 13 shall survive termination of this Agr.eement. 14. This Agreement shall remain in force and effect until the Work is completed and the County has issued a Notice of Fnal Acceptance, as defined and described in No. 1S below. 15. Unless the parties agree in writing to extend any of the deadlines in this section 15, the City shall complete that portion of the Work described in Nos. 2.a: and 2.b. and indicated in 'Ezhibit A for the temporary measures installed on existing levees by November 1, 2012 and for the temporary measures not on existing levees 6y December 31, 2012. The City shall complete that portion of the Work described in Nos. 2.c. and 2.d. by July 1, 2013. When the City determines that it has completed ali elements of the Work, it, shall provide written notice to County. Within 30 days of receipt of this notice, the County shall inspect the completed Work and notify the City of any deficiencies. The City will have 30 days to cure such deficiencies. Upon completion of the deficiencles to the satisfaction of the County, the County shall issue a notice of final acceptance ("Notice of Final Acceptance! to the City. In the event that the Parties do not agree regarding the existence of or cure .of any deficiencies identified by the County, the dispute resolution provisions in No. 18 shall apply. 16. Solely for the purpose of enforcing the indemniflcation provision in Section 13 ebo4e, each Party expressly waives, with respect to the other Party only, any immunity that wouid otherwfse be available against such claims under the Industrial Insurance provisions of Title 51 of the Revised Code of Washington; provided' that, such waiver shall not preclude any indemnifying Party from raising such immunity as a defense against any ciaim brought against the indemnifying party by any of its employees. 17. Each Parly recognizes that the other is self-insured and accepts such coverage for liability arising under this Agreement: Should any Party choose not to self-insure, that Party shall mafntain and keep in full force and effect a policy of general liability insurance in an amount not less than One Miliion Dollars 1,000,000) per occucrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a COOPERATIVE AGREEMENT FOR COMPLEflON OF EMERGENCY FLOOD PROTECTION MEASURES PRO]ECT Resolution No.4530 Exhibitl June 20,2012 Page 7 of 10RES.C Page 102 of 106 certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 18. The Parties will seek to resolve any disputes under the Agreement as follows: a. For disputes involving cost reimbursements, submittal of all relevant information to an independent Certified Public Accountant and/or a Construction Claims Gonsultant, if agreed upon by the Parties, for a non-binding opinion as to the responsibility. b. For disputes not involving cost reimbursements, these disputes hall be referred for informal resolution to the Public Works Director of the City, or the Director's designee, and the Director of the Water and Land Resou ces Division of the County, or the Director's designee. c. If the foregoing processes in 18.a. and 18.b. do not result in resolution; the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. d. Each Party will. be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this Section 18. 19. This Agreement represents a full recitation of the rights and responsibilities of the parties and may be modified only in writing and upon the consent of both Parties. 20. The rights and licenses contained in this Agreement shall inure fo the tienefit of and are binding upon the Parties, and their respective successors in interest and assigns. 21. Ali communications regarding this Agreement shal be sent to the parties at the addresses listed below unless a party gives notice of a change of address. Notices may,be sent by electronic mail..Any written notice hereunder shail become effedive three (3) business days after the date of mailing by registered or certffled mafl, or the next calendar day after transmission by electronic mail, and sh:all be deemed sufficiently given if sent to the address stated below or such other addresses as may be heretnafter specified in writfng. COOPERATIVE AGREEMENT FOR 60MPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PRO]ECT Resolution.No:4830 Exhibit 1 June 20,2012 Page 8 of.10RES.C Page 103 of 106 If to City: If to District and/or County: Dennis Dowdy, Director Mark Isaacson, Director City of Aubum Water and Land Resources Division of Public Works Department the King County DNRR 25 West Main Street 201 South ]ackson St, Ste.600 Auburn, WA 98001 Seattle, WA 98104-3855 ddowdy@au6urnwa.gov Mark.Isaacson@kingcounty.gov th a copy to: With a copy fo: Steve Gross, Assistant City`Attorney Tom Bean, Senior Engineer sgross@aubumwa.gov Tom.Bean@kingcounty.gov 22. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall 6ecome effective on the last date signed below. CITY OF AUBURN KING COUNTY gy: ey: Peter B. 'Lewis Its: Director of the Department Its: Mayor of Naturai Resources and Parks DATE: DATE: COOPERATIVE AGREEMENT FOR COMPCETION OF EMERGENCY FLOOD PROTECTlON MEASURES PRO]ECT Aesolution.No.4830 Exhibit 1 lune 20,2012 Page 9 of 30RES.C Page 104 of 106 APPROVED AS TO FORM: APPROVED AS TO FORM: m tA By: sy:... i o ne r uburn IG ;Ga.un puty Rrosecuting Attbmey.:=.L— ATTEST: By: City Clerk for City ofAu6um COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT ResolutionNO.4830 Exhibif 1 June 20,2012 Page 10 of 10RES.C Page 105 of 106 a $d+O ly]pl] Y W e r r B R mvm ¢r a a Iy1r a bl o rt S tl r. i pB a . s. m y xp 1y s'- a eo n 0 aK v sm e m G k t C ~ AVBURN 1 7 g COVR3B 9 K i w$' p AUBn O jj a 9 2 R I $ w v cv .0 i E ' 1- e p fFj Y ly uRPOR O mtl m e T b s 4 4 ti .. e O s an e. P' 2 n u f I! Y o Vrr K NE u rmw wa j. 7 •' V t- x 1 i I a 6 . LEQiEND:. wvowar esonoosnrm v s O NM Y TEMPOR RYME EUREBPIOTONWSTPqLEVEEB oF " dr"' , VICINITY MAP wvFre s ee u cneer TEMPORARY PROTECTION MEASURE9 WASHINGTON EXNIBIT-A RES.C Page 106 of 106