HomeMy WebLinkAbout01-22-2013 PUBLIC WORKS AGENDA PACKET
Public Works Committee
January 22, 2013 - 3:30 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Approval of Minutes*
B. Public Works Project No. CP1207* (Truong)
Permission to initiate Project No. CP1207, D St. NE Utility Improvements
C. Public Works Project No. CP1116* (Truong)
Approve Final Pay Estimate No. 8 to Contract No. 11-20 in the Amount of
$10,429.69 and Accept Construction of Project No. CP1116, Downtown Pedestrian
Lighting Replacement
D. Public Works Project No. EM0902* (Truong)
Approve Final Pay Estimate No. 5 to Contract No. 12-14 in the Amount of
$21,788.99 and Accept Construction of Project No. EM0902 Temporary Flood
Control Barrier Removal
III.RESOLUTIONS
A. Resolution No. 4898* (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
IV.DISCUSSION ITEMS
A. 22nd Street High Consumption* (Coleman/Dowdy)
B. Leak Adjustment Policy 100-52 Revision* (Coleman)
C. 2013 Utility System Revenue Bond* (Coleman)
D. Interlocal Agreement between King County, King County Flood District, and
the City of Auburn* (Dixon)
Proposed Interlocal Agreement (ILA) between King County, King County Flood
Control District, and the City of Auburn for King County's Reddington Levee
Setback and Extension Project
E. Utility System Development Charges (Repp)
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F. Red Right Turn Arrow and Left Turn Flashing Yellow Arrow Recommendations
(Para)
G. Capital Project Status Report* (Gaub)
H. Action Tracking Matrix* (Dowdy)
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes
Date:
January 16, 2013
Department:
Public Works
Attachments:
January 7, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the January 7, 2013 Public Works
Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:January 22, 2013 Item Number:CA.A
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Public Works Committee
January 7, 2013 - 3:30 PM
Annex Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in
Conference Room #2, located on the second floor of Auburn City Hall, One
East Main Street, Auburn, Washington.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were
present. Also present during the meeting were: Mayor Pete B. Lewis,
Public Works Director Dennis Dowdy, City Engineer/Assistant Director
Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer
Dan Repp, City Attorney Dan Heid, Transportation Manager Pablo
Para, Project Engineer Robert Lee, Project Engineer Kim Truong,
Street Systems Engineer Seth Wickstrom, Planning Manager
Elizabeth Chamberlain, Innovation and Technology Director Ron
Tiedeman, citizen Scott Pondelick, and Planning and Development
Secretary Tina Kriss.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were two agenda modifications:
Discussion Item C. Draft Interlocal Agreement – King County
Reddington Levee Project (Dowdy). This item was removed.
Discussion Item G. Ordinance No. 6450, Orion Industries Rezone
(Chamberlain) Rezone from P-1, Public Use District, to C-3,
Heavy Commercial, for parcel number 00008000022 and contract
rezone relinquishment for parcel number 0000800026. This item
has been added. This item was moved to Consent Agenda Item D
for action.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the minutes of the December 17, 2012
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Public works Committee Meeting.
Motion Carried Unanimously. 3-0.
B. Public Works Project No. CP1122 (Truong/Lee)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council grant permission to
enter into Consultant Agreement No. AG-C-423 with Otak for
engineering services for Project No. CP1122, 30th Street NE Area
Flooding, Phase 1.
Project Engineer Kim Truong explained that the scope of the project is
to construct a new 42-inch storm line from the northwest corner of the
airport property to the existing Brannon Park Pump Station replacing
the existing 30-inch storm pipe generally located along 30th Street NE
and the northerly boundary of Brannan Park to relieve street flooding
in this area.
In response to a question asked by Chair Wagner, Project Engineer
Truong reported that the City currently has easements for the existing
storm line and intends to place the new line in generally the same
location minimizing the need for new easements from private
properties along the northern edge of Brannon Park.
Chair Wagner requested staff provide a project briefing at
approximately the 60 percent design level. Chair Wagner asked staff
to add this to the action tracking.
Committee discussed the requirements for abandonment of the
existing 30 inch storm line. City Engineer Selle explained the City will
not be using it as an active line but it may be removed or filled to
prevent collapse in the future.
Motion Carried Unanimously. 3-0.
C. Public Works Project No. CP1206 (Wickstrom)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council approve Final Pay
Estimate No. 5 to Contract No. 12-10 in the Amount of $266.85 and
accept construction of Project No. CP1206, 2012 Pavement Patching,
Chipseal and Overlay Project.
Committee had no questions. Vice-Chair Peloza thanked staff for their
hard work on this project.
Motion Carried Unanimously. 3-0.
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III. ORDINANCES
A. Ordinance No. 6450
An Ordinance of the City Council of the City of Auburn, Washington,
Approving the Request of Orion Industries for a Rezone From P-1,
Public Use District to C-3, Heavy Commercial and Relinquish a
Contract Rezone to Implement the Comprehensive Plan and
Amending the City's Zoning Maps Accordingly
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend that Council introduce and adopt
Ordinance No. 6450.
For purposes of these minutes this item was discussed after
Discussion Item F.
Planning Manager Elizabeth Chamberlain reviewed Ordinance No.
6450, Orion Industries Rezone. Committee and staff reviewed the
zoning map zoning changes and uses. Chair Wagner asked if rezones
are still legal and Planning Manager Chamberlain confirmed they
are. Planning Manager Elizabeth Chamberlain indicated that this item
went before the Hearing Examiner January 2, 2013 for the public
hearing and the Hearing Examiner recommended approval. Staff is
bringing this item to City Council this evening for recommendation of
approval.
Committee and staff discussed the quasi-judicial process. Vice Chair
Peloza asked if City Attorney Heid has informed new members of the
Council about the quasi-judicial process and when it is to be used. City
Attorney Heid replied he semi-annually sends out information to inform
Council of the process.
Member Osborne referred staff to page 4, 2nd group. FAA
restrictions. Does this building lie in the flight path and will it have an
impact on the landing and threshold triggering FAA
regulations. Planning Manager Chamberlain stated the building did
need to be set back from the east property line to meet the boundary
restrictions from FAA and they do need to apply for the Notice of
Construction to the FAA. Mayor Lewis added the airport has reviewed
the project and the FAA does not have any concerns with the location
of the improvement.
Chair Wagner asked staff to provide Council with a more detailed map
of the project including more of the airport. Planning Manager
Chamberlain stated she would provide an updated map for Council
tonight.
Staff stated this item is moving forward to Council this evening and if
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Committee agrees either the Finance Committee or Public Works
Committee can take action on Ordinance No. 6450.
The Public Works Committee agreed to take action on this item.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. East Ridge Manor Drainage (Dowdy)
Chair Wagner deferred this item to the end of the meeting to be
discussed in Executive Session.
B. Resolution No. 4896 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and City Clerk to Execute an Addendum to the
Interlocal Agreement Between the City of Auburn and the City of
Pacific for Information Services Technology
In response to a question by Chair Wagner asking if there is a process
to make corrections to the City’s charges for Information Services
Technology, which is currently set up for full cost recovery; Mayor
Lewis stated staff turns in billing for hours worked for full cost
recovery.
Member Osborne asked if there are any liability issues for the City for
providing these services. Mayor Lewis reported there is not and the
City has researched this with WCIA.
Committee is supportive of an addendum to the Interlocal Agreement
between the City of Auburn and the City of Pacific for Information
Services Technology.
C. Draft Interlocal Agreement - King County Reddington Levee Project
(Dowdy)
This item was removed from the agenda.
D. Resolution No. 4895 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington
Declaring Certain Items of Property as Surplus and Authorizing their
Disposal
Committee was supportive of this resolution.
E. Capital Project Status Report (Gaub)
Item 10 – C207A – “A” Street NW Corridor – Phase 1: Chair Wagner
asked what the final agreement was with the UTC. Assistant City
Engineer Gaub stated there are temporary measures consisting of a
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flashing amber light on some of the advanced signage and additional
signage requested by the UTC that allowed the roadway opening. The
track owners, AMPAC and Gates, Gates and Gates have one year to
complete the design and instillation of the full gates and lights.
Item 13 – C524A – SCADA System Improvement: Chair Wagner noted
the project is showing 80% completion and requested an update for
the Committee. Assistant City Engineer Gaub updated Committee on
the current progress of the project and the sites converted to
date. Staff confirmed that all three test sites, one from each utility, are
up and running in response to questions by Chair Wagner. Chair
Wagner asked if the Committee wanted to go look at the progress of
the project. Utilities Engineer Dan Repp explained that staff could
bring the actual video monitoring system via a laptop to a meeting to
provide the Committee with a review of the new system. Committee
requested staff bring that presentation to the February 4th meeting.
Item 14 – C201A – M Street Underpass (Grade Separation): In
response to questions from Chair Wagner, Assistant City Engineer
Gaub stated scheduling delays due the timing of the work and to the
holidays and getting BNSF to schedule in their work. The girders have
been set for the 1st bridge and the track will start to be laid by BNSF
for this siding track next week. Once complete, the trains can be
moved to the new bridge to allow the existing main line track to be
demolished and work on the 2nd bridge to begin. The best time to look
at the elevation difference for the two trains would be around the 16th
and 17th of this month. The Committee concurred and a field trip for
the Committee will be arranged. Chair Wagner requested a briefing on
the overall the M street project including information addressing his
previously emailed comments regarding the project. Chair Wagner
also requested an item for the M street briefing to be added to the
action tracking matrix.
Item 23 – CP1107 – Fulmer Wellfield Improvements: In response to a
question from Member Osborne, Utility Engineer Repp stated that staff
anticipates finishing the current phase towards the end of February
and a briefing of the committee would occur after that. Staff is currently
waiting for some updates from the consultants to refine some of their
approaches to move forward. .
Item 32 – CP1224 – 2013 Local Street reconstruction: Staff reported
that letters have gone out to property owners along two of the 2013
SOS street re-build projects that are currently un-sewered for the
purpose of determining their interest in forming a Local Improvement
District for the installation of a public sanitary sewer system to serve
these areas. Staff provided a handout showing the 23rd Street SE and
H Street NE survey results. Director Dowdy stated in neither case
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were the owners very desirous of paying for instillation of sewers and
the projects will be proceeding with out installing sewer systems. The
Committee concurred.
Item B – CP1115 – City Hall NW Plaza Improvements: Chair Wagner
asked why the consultant work is on hold. Mayor Lewis stated since
this is not a public display area staff would like to take this back to
Council and Committees to discuss proposed changes and if any
change is needed to the scope. Updates would require a change to
the access ramp to bring it to current ADA requirements.
F. Action Tracking Matrix (Dowdy)
Item A - Chair Wagner requested this item be reviewed earlier to be
completed for the next budget review. Staff concurred to begin
discussions in June of 2013.
Mayor Lewis raised the subject of the Council’s discussion during the
last retreat concerning the many transportation projects that were
discussed that have an impact on both the Planning and Community
Development Committee and Public Works Committee regarding
major corridors and future corridors. Committee recommended holding
a joint meeting with the Planning and Community Development
Committee twice a year.
V. EXECUTIVE SESSION
The Committee went to executive session at 4:14:03 p.m. to discuss
potential litigation for approximately 10 minutes. The Committee ended the
executive session at 4:33:12 pm.
VI. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:33:14 p.m.
Approved this 22nd day of January, 2013.
____________________________ ____________________________
Rich Wagner, Chair Jennifer Rigsby, Department Secretary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1207
Date:
January 15, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee grant permission to initiate Project No. CP1207, D St. NE Utility
Improvements.
Background Summary:
The purpose of this project is to design and construct storm drainage, sanitary sewer and
water improvements along D St. NE between Auburn Way North (AWN) and S. 277th St.
Water improvements consist of extending a new 12" ductile iron water main along D St.
NE from AWN to 49th St NE to replace an existing 6" asbestos-cement water line.
Sanitary sewer improvements include decomissioning the D St. NE sewer pump station
and replacing it with a gravity conveyance system, consisting of a new 12" sanitary
sewer main along D St. NE from AWN to S. 277th St. Storm drainage improvements
include replacing and upsizing the existing 30" storm line with a new 36" storm line along
D St. NE from AWN to S. 277th St.
The Port of Seattle Mitigation Funds being utilized for this project must be expended by
January 2014.
Construction is anticipated to be in the Summer of 2013.
A project budget contingency of $4,905.00 remains in the 430 Water Fund.
A project budget contingency of $5,954.00 remains in the 431 Sewer Fund.
A project budget contingency of $1,843.00 remains in the 432 Storm Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Truong
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Meeting Date:January 22, 2013 Item Number:CA.B
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Project No: CP1207 Project Title:
Project Manager: Kim Truong Date: January 15, 2013
Project Initiation
Initiation Date: _________ Permission to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20122013Total
430 Fund - Water 135,000 135,000
Port Mitigation Fund - Water 9,37432,826 42,200
431 Fund - Sewer 337,797 337,797
Port Mitigation Fund - Sewer 15,610146,593 162,203
432 Fund - Storm Drainage 2,796 2,796
Port Mitigation Fund - Storm 17,014580,190 597,204
Total 041,9981,235,2021,277,200
Activity Prior Years 20122013Total
Design Engineering - City Costs 41,99850,000 91,998
Design Engineering - Consultant Costs 15,000 15,000
Construction Estimate 950,000 950,000
Project Contingency (15%)142,500 142,500
Construction Engineering - City Costs 65,000 65,000
Total 0 41,998 1,222,500 1,264,498
BUDGET STATUS SHEET
D Street Utility Improvements Project
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Total 0 41,998 1,222,500 1,264,498
Prior Years 20122013Total
*430 Funds Budgeted ( )0 (9,374)(167,826)(177,200)
430 Funds Needed 09,374162,921 172,295
*430 Fund Project Contingency ( )00(4,905)(4,905)
430 Funds Required 0000
Prior Years 20122013Total
*431 Funds Budgeted ( )0 (15,610)(484,390)(500,000)
431 Funds Needed 015,610478,436 494,046
*431 Fund Project Contingency ( )00(5,954)(5,954)
431 Funds Required 0000
Prior Years 20122013Total
*432 Funds Budgeted ( )0 (17,014)(582,986)(600,000)
432 Funds Needed 017,014581,143 598,157
*432 Fund Project Contingency ( )00(1,843)(1,843)
432 Funds Required 0000
* ( # ) in the Budget Status Sections indicates Money the City has available.
432 Storm Budget Status
431 Sewer Budget Status
430 Water Budget Status
H:\PROJ\CP1207-D St Utilities Improvement\Budget\BudgetStatusSheet.xls 1 of 1CA.B Page 12 of 82
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1116
Date:
January 15, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate No. 8
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council approve Final Pay Estimate No. 8 to
Contract No. 11-20 in the amount of $10,429.69 and accept construction of Project No.
CP1116, Downtown Pedestrian Lighting Replacement.
Background Summary:
The project replaced 62 of the existing teal pedestrian lights in the downtown area with
the new Downtown standard black LED pedestrian lights. Locations are as shown on the
attached map.
A project budget contingency of $3,946.17 remains in the Local Revitalization Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Truong
Meeting Date:January 22, 2013 Item Number:CA.C
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Project No: CP1116 Project Title:
Project Manager: Kim Truong
Project Initiation
Initiation Date: ___September 6, 2011______ Permision to Advertise Date: January 15, 2013
Advertisement Date: ___September 6, 2011__ Contract Award
Award Date: _October 17, 2011_____ Change Order Approval
Contract Final Acceptance
Funding Prior Years 201120122013Total
330 Local Revitalization Funds 5,412 477,5882,000 485,000
Total 05,412477,5882,000485,000
BUDGET STATUS SHEET
Downtown Pedestrian Lighting Replacement
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Activity Prior Years 201120122013Total
Design Engineering - City Costs 5,012 192 5,204
Construction Contract Bid 463600463,600
Line Item Changes (1,505)(1,505)
Construction Engineering - City Costs 40011,3552,00013,755
Total 05,412473,6422,000481,054
Prior Years 201120122013Total
*330 Funds Budgeted ( )0(5,412)(477,588)(2,000)(485,000)
330 Funds Needed 05,412473,6422,000481,054
*330 Fund Project Contingency ( )00(3,946)0(3,946)
330 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
330 Local Revitalization Funds Budget Status
Estimated Cost (Funds Needed)
H:\PROJ\CP1116 Dwntown Ped Lighting\Budget\Downtown Ped Lighting - BudgetStatusSheet.xls1 of 1CA.C Page 15 of 82
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. EM0902
Date:
January 15, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council approve Final Pay Estimate No. 5 to
Contract No. 12-14 in the amount of $21,788.99 and accept construction of Project No.
EM0902 Temporary Flood Control Barrier Removal.
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.
This project removed the temporary flood control barriers and restored the disturbed areas
back to their original condition.
A project budget contingency of $792,260.25 remains in the King County Flood Control
District fund.
A project budget contingency of $264,087.42 remains in the King County Flood Control
District Opportunity Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Truong
Meeting Date:January 22, 2013 Item Number:CA.D
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H:\PROJ\EM0902 Green River-Howard Hanson\EM0902 Contract 12-14 Temp. Flood Control Barriers
Removal\Budget\BudgetStatusSheet 062612.xlsx 1 of 1
Project No: EM0902 Project Title:
Project Manager: Kim Truong
Initiation/Consultant Agreement
Initiation Date: _________ Permission to Advertise
Advertisement Date: _07/03/12___ Contract Award
Award Date: __7/16/12_________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2012 2013 Total
King County Flood Control District (KCFCD)1,575,520 30,000 1,605,520
KCFCD Opportunity Fund 525,174 10,000 535,174
Total 0 2,100,694 40,000 2,140,694
Activity Prior Years 2012 2013 Total
Design and Construction Engineering - City Costs 71,485 5,000 76,485
Construction Contract Bid 995,525 995,525
Change Order #1 33,382 33,382
Change Order #2 52,013 52,013
Change Order#3 (4,490)(4,490)
Line Item Changes (103,568)(103,568)
Other 35,000 35,000
Total 0 1,044,346 40,000 1,084,346
Prior Years 2012 2013 Total
*KCFCD Funds Budgeted ( )0 (1,575,520)(30,000)(1,605,520)
KCFCD Funds Needed 0 783,260 30,000 813,260
*KCFCD Fund Project Contingency ( )0 (792,260)0 (792,260)
KCFCD Funds Required 0 0 0 0
Prior Years 2012 Future Years Total
*Opportunity Funds Budgeted ( )0 (525,174)(10,000)(535,174)
Opportunity Funds Needed 0 261,087 10,000 271,087
*432 Fund Project Contingency ( )0 (264,087)0 (264,087)
432 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Temporary Flood Control Barrier Removal
Date: January 15, 2013
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
King County Flood Control District Budget Status
KCFCD Opportunity Fund Budget Status
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4898
Date:
January 15, 2013
Department:
Public Works
Attachments:
Resolution No. 4898
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 4898.
Background Summary:
Resolution No. 4898 authorizes the Mayor and City Clerk to execute an Interlocal
Agreement for services between the City of Auburn and King County including citywide
pavement marking maintenance, annual bridge inspections and related repair work,
cleaning drainage facilities, and emergency call-out services.
Previous contracts with private contractors have been difficult to manage, provided poor
customer service, inadequate traffic control, and poor quality control. Since 2008 King
County Road Services Division has provided the city with excellent customer service and
quality control in their roadway striping and markings services for a competitive price.
King County also provides required annual bridge inspections and related maintenance
services, and is available for support in the event of an emergency. In addition, King
County can provide cost effective cleaning for our drainage facilities which we have had
difficulty getting competative bids on in the past. Staff proposes to continue this
productive and effective interlocal agreement.
There is $200,000.00 budgeted for pavement marking improvements in the Street Fund,
$5,000.00 is budgeted for bridge inspections in the Engineering Fund and $50,000.00 is
budgeted for bridge related improvements in the Arterial Street Fund for 2013.
In addition, there is $500,000 budgeted for pond and ditch cleaning in the Storm Fund.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Para
Meeting Date:January 22, 2013 Item Number:RES.A
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Resolution No. 4898
January 16, 2013
Page 1
RESOLUTION NO. 4898
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
WHEREAS, the City of Auburn owns public roads, traffic devices, and
storm infrastructure which require periodic maintenance and/or other
improvements; and
WHEREAS, King County Road Services Division is in a position to
provide certain emergency services, bridge inspections, road and storm
maintenance and improvements services for the City at a cost that is
advantageous to the City; and
WHEREAS, the City wishes to contract with the King County Road Services
Division for such emergency, bridge inspections, road and storm maintenance
and improvements services; and
WHEREAS, such a contract would benefit both the City and the County
by cost savings to the City and a fuller utilization of County equipment at a fair rate
of compensation; and
WHEREAS, the proposed Agreement establishes the City’s role and
responsibilities as the recipient of such services and the County’s role and
responsibilities as the provider of such services; and
WHEREAS, the parties are authorized by Chapter 39.34 of the Revised
Code of Washington to enter into an interlocal cooperation agreement of this
nature.
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Resolution No. 4898
January 16, 2013
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to
execute an Interlocal Agreement with King County, in substantial conformity
with the agreement attached hereto, marked as Exhibit “A” and incorporated
herein by this reference.
Section 2. That the Mayor and City Clerk are authorized to implement
such other 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 this _____ day of ________________, 2013.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
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Exhibit A
1
INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF AUBURN FOR PROVISION OF SERVICES BY
THE KING COUNTY ROAD SERVICES DIVISION
THIS AGREEMENT is made and entered into by and between King County, hereinafter called the
"County," and the City of Auburn, hereinafter called the "City."
RECITALS
A. The City owns public roads, traffic devices, and storm infrastructure which require maintenance
and/or other improvements.
B. The City wishes the County Road Services Division to provide or perform certain services for
the City.
C. The parties can achieve cost savings and benefits in the public's interest by having the County
complete those services for the City at the City’s expense.
D. This Agreement establishes the City’s role and responsibilities as the recipient of such services
and the County’s role and responsibilities as the provider of such services.
E. The parties are authorized by RCW Chapter 39.34 to enter into an interlocal cooperation
agreement of this nature.
NOW, THEREFORE, the parties agree as follows:
TERMS AND CONDITIONS:
1. Services
1.1 The County Road Services Division will, upon the City’s request, provide the City
with Traffic Maintenance, Road Maintenance, Construction Management and
Engineering, Environmental services and other road related services. Examples of
the types of Traffic and Road Maintenance services to be provided are contained in
Exhibit 1 of this Agreement. The services provided to the City shall be any service
that the City requests to the extent that the County Road Services Division is able to
provide such service.
1.2 The County shall only perform services as requested by the City through the
procedure described in Section 2 below.
1.3 The County shall act as a contractor of services only and will not purport to
represent the City professionally other than in providing the services requested.
RES.A Page 30 of 82
2
1.4 The County shall be the lead agency for the completion of work items requested by
the City. The County shall provide services in the type, nature, and magnitude
requested by the City.
1.5 In the event either party decides to make changes to the work items requested that
alters the original scope of work, written notification from the City authorizing such
changes shall be required preceding any such work.
2. Procedure for Requesting Services
2.1 The City shall request services furnished by the County through the procedure
identified in Exhibit 2 of this Agreement.
2.2 The County shall provide the City with a cost estimate for individual service
requests.
3. County and City Coordination
3.1 The City and County shall notify each other in writing of their respective operations
liaison(s) responsible for administering day-to-day operational activities related to
the provision of services under this Agreement.
3.2 The County and City liaisons shall meet as needed to review performance or to
resolve problems or disputes. Any problems or disputes which cannot be resolved
by the City and County liaisons shall be referred to the authorized City
representative and the Road Services Division Director.
4. Personnel and Equipment
4.1 The County is acting hereunder as an independent contractor so that:
a. control of personnel standards of performance, discipline, and all other aspects
of work shall be governed entirely by the County;
b. except as described in 4.3 below, all persons rendering service hereunder shall
be for all purposes employees of the County.
4.2 The County shall furnish all personnel, resources, and materials deemed by the
County to be necessary to provide the services herein described and subsequently
requested and authorized by the City.
4.3 In the event the County uses a contractor to perform one or more of the services
requested by the City, the appropriate supervision and inspection of the contractor's
work will be performed by the County.
RES.A Page 31 of 82
3
5. Compensation
5.1 Costs. The City will pay the County for actual costs (direct labor, employee benefits,
equipment rental, materials and supplies, utilities, permits, and administrative
overhead costs) for the services provided by the County as set forth herein.
Administrative overhead costs for each work item shall be charged as a percentage
of direct labor costs.
5.2 Billing. The County shall bill the City monthly for the costs of services provided.
The monthly bill will reflect actual costs plus the administrative overhead set forth
in Section 5.1 above. Payments are due within 30 days of the City's receipt of said
invoice.
5.3 Extraordinary Costs. Whenever the City desires to modify a requested service, it
shall notify the County in writing of that desire, and the County shall, before
providing the modified service, advise the City in writing as to whether the
modification would result in any increased or extraordinary costs and the amount
thereof. If, after receiving such notification, the City authorizes the modification of
service in writing , then it shall be responsible for actual costs for the modified
services requested by the City. If the City decides not to authorize the modification
of service, it shall notify the county in writing, and advise the county whether
service shall continue as originally requested or the City cancels the request. If the
City cancels the request, the City shall be responsible for all cost incurred by the
County prior to and in connection with the cancellation.
5.4. The City has appropriated a certain amount of money for work to be conducted
under this Agreement. In order to ensure the City does not exceed its appropriation
authority, the City will not request any work that would result in the County billing
the City in excess of the amount appropriated by the Auburn City Council for
services to be provided during each calendar year.
6. City Responsibilities
6.1 The City hereby gives authority to the County to perform services within the City
limits for the purposes of carrying out this Agreement.
6.2 The City is responsible for obtaining any permits or other authorizations that may be
necessary for the County to carry out the work under this Agreement.
6.3 Nothing in this Section shall alter the status of the County and the Road Services
Division as an independent contractor of the City, and the County’s actions shall not
be deemed to be those of the City when exercising the authority granted in this
Section 6.
6.4
RES.A Page 32 of 82
4
7. County Responsibilities
7.1 The County shall furnish and supply all necessary labor, supervision, machinery,
equipment, materials, and supplies to perform the services requested by the City.
7.2 The County shall make every effort to recognize pertinent City deadlines for
completion of services, and shall notify the City of any hardship or other inability to
perform the services requested, including postponement of work due to
circumstances requiring the County to prioritize its resources toward emergency-
related work outside of the City limits.
8. Duration
8.1 This Agreement is effective upon signature by both parties, and shall remain in
effect for the remainder of the calendar year in which it is signed and throughout the
following calendar year.
8.2 Thereafter, this Agreement shall renew automatically from year to year effective
January 1 to December 31 of each calendar year, unless either party notifies the
other in writing to terminate or make substantial changes to this Agreement by
September 1 of the preceding calendar year.
9. Force Majeure
The County's performance under this Agreement shall be excused during any period of force
majeure. Force majeure is defined as any condition that is beyond the reasonable control of the
County, including but not limited to, natural disaster, severe weather conditions, contract disputes,
labor disputes, epidemic, pandemic, delays in acquiring right-of-way or other necessary property or
interests in property, permitting delays, or any other delay resulting from a cause beyond the
reasonable control of the County.
10. Dispute Resolution
10.1 In the event of a dispute between the Parties regarding this Agreement, the Parties
shall attempt to resolve the matter informally.
10.2 If the Parties are unable to resolve the matter informally, the matter shall be decided
by the Director of the King County Road Services Division and the Public Works Director of the
City. If the Parties are unable to reach a mutual agreement, either Party may refer the matter to non-
binding mediation. Each party will be responsible for its own costs for mediation, and shall share
the costs of the mediator equally.
10.3 Unless otherwise expressly agreed to by the Parties in writing, both the County and
the City shall continue to perform all their respective obligations under this Agreement during the
resolution of the dispute.
RES.A Page 33 of 82
5
10.4 This Agreement shall be interpreted in accordance with the laws of the State of
Washington in effect on the date of execution of this Agreement. In the event any party deems it
necessary to institute legal action or proceedings to ensure any right or obligation under this
Agreement, the Parties hereto agree that such action or proceedings shall be brought in a court of
competent jurisdiction as provided for in RCW 36.01.050(1) .
11. Liability
The City and the County agree to defend, indemnify and hold each other, their respective
officials, agents and employees, harmless from and against any and all claims, damages,
injuries, liabilities, actions, fines, penalties, costs and expenses (including reasonable
attorney fees) that arise out of or are related to the negligent acts or omissions of the
indemnifying party and its officials, agents, employees acting within the course and scope of
their employment and in the performance of said party’s obligations under this Agreement
or the exercise of a party’s rights and privileges under this Agreement. In the event any
such liability arises from the concurrent negligence of the indemnifying party and the other
party, or any of their respective actors, the indemnity obligation of this section shall apply
only to the extent of the negligence of the indemnifying party and its actors.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the County and the City, its officers, officials, employees, and volunteers, any damages
allowed shall be levied in proportion to the percentage of negligence attributable to each
party, and each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the
Parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
12. Insurance
The County certifies that it is fully self-insured. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the County’s insurance
and shall not contribute with it.
13. Audits and Inspections
The records and documents pertaining to all matters covered by this Agreement shall be
retained and be subject to inspection, review, or audit by the County or the City during the
term of this Agreement and for three (3) years after termination.
RES.A Page 34 of 82
6
14. Entire Agreement and Amendments
This Agreement contains the entire written agreement of the parties hereto and supersedes
any and all prior oral or written representations or understandings. This Agreement may be
amended at any time by mutual, written agreement between the parties.
15. Invalid Provisions
If any provision of this Agreement shall be held invalid, the remainder of the Agreement
shall not be affected if such remainder would then continue to serve the purposes and
objectives of the parties.
16. Other Provisions
16.1 The headings in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
16.2 This Agreement contains the entire agreement of the parties and any
representations or understandings, whether oral or written, not incorporated herein
are excluded.
17. No Third Party Rights
Nothing contained herein is intended to, nor shall be construed to, create any rights in any
third party, or to form the basis for any liability on the part of the parties to this
Agreement, or their officials, officers, employees, agents or representatives, to any third
party.
18. Waiver of Breach
Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver
of any prior or subsequent breach and shall not be construed to be a modification of the
terms of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
KING COUNTY CITY OF AUBURN
RES.A Page 35 of 82
7
______________________________ ______ ________________________
King County Executive City Mayor
______________________________ ______________________________
Date Date
Approved as to Form Approved as to Form
________________________________ _______________________________
King County Deputy Prosecuting City Attorney
Attorney
RES.A Page 36 of 82
8
Exhibit 1
1. Traffic Services: The following are examples of traffic services provided by the County.
Actual services provided will be those requested by the City, and the County shall
provide such services in the magnitude, nature, and manner requested by the City. The
City shall set its own service level standards and policies for all roadway features. The
County is merely a contractor for the purpose of implementing City roadway service
standards and policies.
1.1 Sign Maintenance: Replacing faded sign faces and rotten posts, straightening
leaning posts, cleating uncleated posts, relocating signs for visibility or pedestrian
safety, maintenance of vandalized signs or signs damaged by vehicle accidents,
inspection of signs to check for reflectivity, cutting or trimming bushes or limbs
blocking visibility, removal of signs when appropriate, installation of new signs
upon City request.
1.2 Signal Maintenance: Replacing and cleaning light systems for signal and flasher
displays and signs, installation and repair of vehicle detector loops, checking and
adjusting signal timing, examining traffic signal operation to assure it is operating
as intended, inspecting hardware for wear or deficiencies, testing and repairing of
electronic control devices and components, repair or replacement of signal and
flasher displays and supports or wiring external to controller cabinets, modification
of controller cabinets, testing of new and modified cabinets and control devices,
traffic counter testing and repair, preventative maintenance.
1.3 Sign Fabrication: Design and fabricate signs of any size as needed by the City.
1.4 Crosswalks: Refurbishing with thermoplastics and temporary tape and removal
when appropriate.
1.5 Stop Bars: Refurbishing with thermoplastics and temporary tape and removal when
appropriate.
1.6 Arrows/Legends: Remarking worn arrows and removing when appropriate.
1.7 Curb Painting: Maintenance of curbing, islands, and parking stalls.
1.8 Raised Pavement Markers: Removal and replacement of raised pavement markers
or rumble bars.
1.9 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines,
radius and channelization, removal of lines, stripes, or symbols.
1.10 Street Lights: Replacement of light bulbs in existing street lights not maintained by
power companies, repair and replacement of street light heads, poles, or wiring.
RES.A Page 37 of 82
9
1.11 Utility Locating: Locating underground traffic facilities for utilities or other
digging operations.
1.12 Flasher/Crosswalk Preventative Maintenance: Examining to assure equipment is
operating as intended and inspecting hardware for wear or deficiencies.
2. Roadway Maintenance: The following are examples of roadway maintenance services
provided by the County. Actual services provided will be those requested by the City,
and the County shall provide such services in the magnitude, nature, and manner
requested by the City. The City shall set its own service level standards and policies for
all roadway features. The County is merely a contractor for the purpose of implementing
City roadway service standards and policies.
2.1 Traveled Roadway Surface: Patching, crack pouring, pre-level work, pavement
replacement, grading, dust control.
2.2 Shoulders: Restoration construction, paving, curb and gutter repair, spraying,
extending pavement edge.
2.3 Drainage: Installation of drainage pipe, curb, catch basins, culvert headers/trash
racks; hand ditching, drainage pipe repair, catch basin and manhole cleaning, blade
ditching/shoulder pulling, drainage systems cleaning, pipe marking, drainage
preparation, catch basin repair, culvert header/trash rack replacement and repair,
bucket ditching, catch basin replacement, erosion control, catch basin/manhole
cover replacement, silt removal, Ditchmaster ditch cleaning.
2.4 Structures: Installation of rock, gabion and rip-rap walls, guardrails, fencing,
median barrier walls; rock wall repair or replacement, guidepost installation,
guardrail repair, retaining wall repair, median barrier replacement, guardrail post
removal, fencing repair, bridge repair.
2.5 Traffic and Pedestrian Facilities: Concrete sidewalk installation, sidewalk/walkway
repair, hazardous material cleanup, street sweeping, street flushing, snow and ice
control, maintaining traffic control barricades.
2.6 Roadside: Landscape restoration, slope/shoulder mowing, litter pickup, hand
brushing, danger tree removal, landscape maintenance, slide removal, ornamental
tree maintenance, tree trimming, hand mowing, roadside spraying, tansy ragwort
spraying, washout repair.
RES.A Page 38 of 82
10
Exhibit 2
Services Request Process
1. City liaison completes a “Request and Approval for Services” (Form A attached).
2. City Mayor, or designee, signs under the heading “Authorization for Request of Services”
on the Form B.
3. The Form A is transmitted to the County liaison.
4. The County liaison delegates the request to the appropriate Section for review.
5. A County Section representative will complete Form A of the “Request and Approval for
Services.” Form B will include the recommended action, cost estimate, and proposed
schedule. If the Road Services Division is unable to provide the requested service, a
notation will be made on the Form B, and the form will be returned to the City in a timely
manner.
6. The County’s cost estimate will include all applicable costs for the service requested as
described in Section 5.1 of the Agreement.
7. If the cost estimate is $500.00 or less, the County may proceed with the requested service
as authorized by the City representative on Form A. If the cost estimate is over $500.00,
Form B is transmitted to the City liaison for authorization. The signed Form B is then
transmitted back to the County.
8. The County shall complete the requested work upon receipt of the signed Form B. If the
County is unable to complete the work in accordance with the proposed schedule, it shall
notify the City immediately.
9. The County and City liaisons maintain a file of all service requests.
10. The County liaison maintains a tracking system of all the service requests and provides
the City with an updated report at least quarterly.
RES.A Page 39 of 82
11
REQUEST AND APPROVAL FOR SERVICES
CITY OF AUBURN
FORM A
Request Number:
Date:
Nature of Request:
Location:
Requester Name:
Address:
Telephone:
Authorization for Request of Services:
City Authorized Signature Date
****************************************************************************
FORM B
Date: Project/Work Order Number:
Recommended Action:
Cost Estimate:
Proposed Schedule:
Authorization to Proceed: Date Completed:
Director, Road Services Division Date
City Authorized Signature Date
(if cost estimate over $500.00)
RES.A Page 40 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
22nd Street High Consumption
Date:
January 11, 2013
Department:
Finance
Attachments:
Memo
Customer Consumption Chart
22nd St Map
Meter Results
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee approve a water utility adjustment to three utility accounts for
higher than normal consumption recorded on customer meters.
Background Summary:
Finance was contacted by 3 residential customers over a period spanning approximately
6 weeks regarding high bills due to higher than normal consumption. Staff conducted a
field investigation and confirmed that the meters were operating properly and there was
no evidence of a leak in the customers' service line. Despite staffs findings the
customers were insistent that they had not used the quantity of water recorded by the
meters.
Finance staff reviewed the situation with Engineering where it was determined that a
construction project had been in progress in the area during the time high consumption
was recorded on the meters. The 3 meters in question were replaced by new meters, the
originals meters tested for accuracy by an independent third party and other possible
reasons for high meter readings were investigated. Test results confirmed that the
meters were operating within specified parameters and no other cause for the high
readings was identified.
The customer's accounts are in good standing and the customer's consumption histories
show that this is unusual usage.
Reviewed by Council Committees:
Public Works
Councilmember:Staff:Coleman/Dowdy
Meeting Date:January 22, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 41 of 82
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 42 of 82
Interoffice Memorandum
Engineering Division
To: City Council Members
Pete Lewis, Mayor
From: Cynthia Lamothe, Water Utility Engineer
Date: January 15, 2013
Re: Water Leak Adjustment – 1315, 1330 & 1435 - 22nd Street SE
Introduction
This memo summarizes staffs findings related to high meter readings recorded for customers on
22nd Street SE between M Street SE and R Street SE.
Background
Over approximately a 6 week period, Engineering staff worked with Finance to review and
investigate high consumption readings at three single family residences:
• 11-6-12 1435 – 22nd Street SE radio read
• 11-20-12 1330 – 22nd Street SE radio read
• 12-12-12 1315 – 22nd Street SE manual read
Each of the houses is served by a ¾ inch meter. Meter reads were rechecked by City staff, so
mis-reads were eliminated as the reason for the high reading.
As part of the 2012 Local Street Pavement Reconstruction project, new water main and
services were constructed along 22nd Street SE. Work on 22nd Street SE began in early
August and was completed in October. The new water services were connected to each
customer between September 18 – 20, 2012. A review of daily construction inspector reports
showed no evidence of any issues related to construction of the water main or the individual
services. City construction inspectors were also interviewed by staff. All connections were
made without incident.
Staff removed the three meters in question and had them tested by an independent third party.
Test results (attached) confirmed that the meters were in good operating condition and
functioning within specified accuracy parameters.
Staff investigated other possible causes for high consumption on the meters, such as customer
theft, contractor theft, broken service line, etc. No cause was identified to account for the high
readings.
Conclusion
The meters were operating properly and reading water flow accurately. The cause for the high
consumption through the meters remains undetermined.
\\auburn12\departmt\publicworks\Utilites\22nd St Leak Adj\Read ahead memo 20130115.doc
DI.A Page 43 of 82
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DI.A Page 44 of 82
22nd Street SE - M to R
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
1/15/2013
DI.A Page 45 of 82
DI.A Page 46 of 82
DI.A Page 47 of 82
DI.A Page 48 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Leak Adjustment Policy 100-52 Revision
Date:
December 20, 2012
Department:
Finance
Attachments:
Policy 100-52
Budget Impact:
$0
Administrative Recommendation:
Council approve changes to Policy 100-52 Leak Adjustments
Background Summary:
Public Works Committee requested that staff make revisions to the leak adjustment
policy. The policy is updated to give the Finance Director authority to review leak
adjustment requests appealed in hardship cases.
Reviewed by Council Committees:
Public Works
Councilmember:Staff:Coleman
Meeting Date:January 22, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 49 of 82
TITLE:
UTILITY SERVICE WATER LEAK
ADJUSTMENT
SUBJECT: UTILITY BILLING & COLLECTION
INDEX NUMBER: 100-52
EFFECTIVE DATE
1/22/13
SUPERSEDES
11/07/11
PAGE
1 of 3
PREPARED BY:
SHELLEY COLEMAN
MAYOR’S APPROVAL
ADMINISTRATIVE
POLICY AND PROCEDURE
1.0 PURPOSE
To provide a procedure for approval, calculation and adjustment of water and sewer charges
(Single Family & Non-single Ffamily account classifications) where excessive water consumption
can be attributed to a water leak. For this purpose, a water leak is defined to occur on the
service line between the City water meter and the point where the line enters the building.
2.0 ORGANIZATIONS AFFECTED
3.0 REFERENCES
4.0 POLICY
4.1 Customer must request adjustment in writing by completing a request form located at the
Finance Department in City Hall or the City website. Required information shall include:
a. Name, service address where leak occurred and account number
b. Description of leak and date repaired
c. Copy of repair bill or materials receipts
d. Signature of customer
4.2 Upon receipt of the completed request form, a representative of the City Water Division
will confirm, through visual check of the City meter for flow and pressure, that the leak has
been repaired.
4.3 A water adjustment may be granted, following confirmation of repair, if the leak is
determined to be on the service line. Finance personnel will adjust the water charge for
no more than two (2) water billing cycles (4 months), if consumption is billed bi-monthly;
or 3 billing cycles (3 months), if consumption is billed monthly. Water adjustments are
limited to a $500 maximum, see section 4.6. Single-family account types will have water
only adjusted. Only non-single family account types are eligible for sewer adjustments.
See section 4.3.1 for sewer adjustments.
4.3.1 A sewer adjustment may be granted for non-single family account types where the
customer’s sewer bill is based on the water consumption. Sewer adjustments may be
made for leaks not entering the sanitary sewer. An adjustment to the City sewer and
Metro sewer charges will be considered provided that the Water technician can confirm
that the additional water volume was due to the leak and did not enter the sanitary
sewer system. Following confirmation of repair, Finance personnel will adjust no more
DI.B Page 50 of 82
ADMINISTRATIVE
POLICY AND PROCEDURE
TITLE:
UTIITY SERVICE WATER
LEAK ADJUSTMENT
INDEX NO:
100-52
PAGE
2 of 3
than four (4) billing cycles (8 months) if water consumption is billed bi-monthly; or 6
billing cycles if water consumption is billed monthly.
4.4 The consumption used to determine the leak adjustment amount will be the actual
consumption from the same bill cycle of the previous year.
4.4.1 For new owners or renters occupying the residence for less than one year, the
consumption used to determine the leak adjustment amount will be one of the following:
a. An average of the water consumption in the three-complete billing
cycles immediately proceeding the bill cycle in which the leak began.
b. In the absence of three complete billing cycles, the water consumption
from the previous occupants for the same billing cycle in the previous
year.
c. If neither of the above is applicable, the system average for the
applicable customer classification will be used.
4.5 One leak adjustment per 12–month period per account will be authorized. If an additional
adjustment request is submitted for an account in the next or following year(s), the Utility
Accounting Manager will consult with the Water Utility Engineer to determine if the City
will require the customer to complete extensive repairs to the service line and/or fixtures.
4.6 Customers will be eligible for a leak adjustment if the total dollar amount of the adjustment
for both water and sewer is greater than $50.00 (or $25.00 for a water only account), not
to exceed a credit of $500.00 for water only adjustments.
4.7 Leak adjustments shall have the following required approvals:
a. $1,000 or less – Utility Accounting Customer Care Manager
b. Greater than $1,000 and less that $10,000 – Finance Director
c. Greater than $10,000 – Mayor
4.8 If the customer disputes the decision made by the City in which the disputed amount
exceeds $500.00, he or she may submit a written request to the City of Auburn Finance
Director for an administrative review of the adjustment If the customer disputes the
decision made by the City in which the disputed amount exceeds $500.00, he or she may
submit a written request to the City of Auburn Finance Director for an administrative
review of the leak adjustment request by the City Council Public Works Committee. by
the City Council Public Works Committee. Additional leak adjustments will be considered
by the Public Works Committee up to 50% of the remaining water portion over $500.
Recommendations for leak adjustments made by Public Works Committee will be
submitted to the full City Council for final consideration and approval. Such request
should identify the property, describe the leak and repair, and state the basis for the
request for an administrative review. The Finance Director may approve an adjustment up
to $500.00 for customers whose water leaks pose a financial hardship. The Finance
Director must receive the written request for administrative review within 15 days from the
date the City posted the adjustment to the account. Pending the decision on this review,
the customer who requests such review must continue to pay the disputed charge as
DI.B Page 51 of 82
ADMINISTRATIVE
POLICY AND PROCEDURE
TITLE:
UTIITY SERVICE WATER
LEAK ADJUSTMENT
INDEX NO:
100-52
PAGE
3 of 3
billed until the written decision of the Finance Director is provided. A decision of such an
administrative review will be provided within 30 days of receipt of the written request for
administrative review. Upon the written decision of the Finance Director, if an account
has been incorrectly charged, the account will be adjusted accordingly to cover all billings
occurring during the administrative review and all billings that preceded the date of receipt
of the written request for review, in accordance with City policy.
DI.B Page 52 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
2013 Utility System Revenue Bond
Date:
January 14, 2013
Department:
Finance
Attachments:
Preliminary Schedule of Events
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached Preliminary Schedule of Events
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Staff:Coleman
Meeting Date:January 22, 2013 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 53 of 82
Preliminary
City of Auburn, Washington
Utility System Revenue Bonds, 2013
Schedule of Events
(As of January 2, 2013)
January 2013
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
February 2013
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28
March 2013
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
Staff: City Staff
Council: City Council [Meets 1st and 3rd Monday at 7:30 PM]
SNW: Seattle‐Northwest Securities Corporation (Underwriter)
BC: Foster Pepper PLLC (Bond Counsel)
Date Event Participants
Completed Term sheet to Bond Counsel SNW
Completed Send data requirements sheet to City for BC
preparation of Preliminary Official Statement (“POS”)
January 4 Complete data requirements for POS Staff
January 7 Distribute 1st draft Bond Ordinance for review BC
January 14 Distribute 1st draft POS for review BC
Comments due on 1st draft Bond Ordinance Staff, SNW, BC
January 18 Distribute 2nd draft Bond Ordinance for review BC
January 23 Comments due on 1st draft POS Staff, SNW, BC
January 25 Comments due on 2nd draft Bond Ordinance Staff, SNW, BC
January 28 Distribute 2nd draft POS for review BC
Week of Jan. 28 First review of rating presentation Staff, SNW
January 30 Finalize Bond Ordinance for Council packets BC
February 1 Mail information to S&P SNW
February 4 Comments due on 2nd draft POS Staff, SNW, BC
First reading of Bond Ordinance Staff, Council
Week of Feb. 4 Final review of rating presentation Staff, SNW
February 8 Distribute 3rd draft POS for review BC
Week of Feb. 11 Conference call with S&P Staff, SNW
February 15 Comments due on 3rd draft POS Staff, SNW, BC
February 19 Pass Bond Ordinance (delegated authority) Council, Staff,
SNW, BC
February 21 Mail POS to potential investors SNW
February 22 Rating due
February 27 Review market conditions Staff, SNW
February 28 Bond Pricing and sign Bond Purchase Agreement Staff, SNW
March 14 Bond Closing and delivery of bond proceeds Staff, SNW, BC DI.C Page 54 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Interlocal Agreement between King County, King County
Flood District, and the City of Auburn
Date:
January 14, 2013
Department:
Planning and Development
Attachments:
Memorandum
City Council Draft Schedule
Reddington Levee Alignment and Legal
Description
Draft Interlocal Agreement
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal
Councilmember:Wagner Staff:Dixon
Meeting Date:January 22, 2013 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 55 of 82
Page 1 of 5
Memorandum
To: Councilmember Rich Wagner, Chair, Public Works Committee
Councilmember, Bill Peloza Vice- Chair, Public Works Committee
Councilmember, Wayne Osborne, Member, Public Works Committee
From: Tim Carlaw, Storm Drainage Utility Engineer, Public Works Department
Jeff Dixon, Principal Planner, Planning and Development Department
Cc: Pete Lewis, Mayor
Dennis Dowdy, Public Works Director
Kevin Snyder, Planning & Development Director
Daryl Faber, Parks, Arts, and Recreation Director
Date: January 14, 2013
Re: Introductory briefing on City Actions related to the King County Flood Control
District Reddington Levee Setback and Extension Project and focusing
specifically on the Draft City of Auburn, King County and King County Flood
Control District Interlocal Agreement for Conveyance of Easements.
Background on Reddington Levee Setback and Extension Project
The following explanation of the King County Reddington Levee Extension and Setback
Project is excerpted from their agency website: (http://www.kingcounty.gov/environment/wlr/sections-
programs/river- floodplain-section/capital-projects/reddington-levee-setback-and-extension.aspx)
The project
The Reddington Levee Setback and Extension Project, as a component of King
County’s Green River levee system, is part of a larger overall flood management
strategy for the entire Green River. This project will set back (move west) and
extend the Reddington Levee along the left (west) bank of the Green River
through the City of Auburn.
The District’s project is proposed in two phases; the southern, first phase extends
from 26th ST NE (Brannan Park) north to the north boundary of Auburn 40 plat
(a.k.a. Monterey Park) The second phase extends from the north end of Phase 1
to S 277th ST. Funding and construction is only secured for the first phase and
funding and timing of second phase is currently unknown.
DI.D Page 56 of 82
Page 2 of 5
Problem addressed by Levee
The project will result in a wider corridor for moving flood flows, and a wider
riparian corridor with enhanced ecological benefits. It will greatly reduce flood risk
to residents, businesses and infrastructure within the City of Auburn and the
Green River Valley. Once the new setback levee is constructed and the existing
levee removed, the river channel will be free to migrate laterally and form new
channel patterns in this area.
The first phase includes approximately 6,600 linear feet (LF) of setback levee.
The southern end of the project includes removing existing rock armoring and the
existing levee prism that is currently sitting along the river’s edge.
Project goals
The Green River basin is located in Water Resource Inventory Area (WRIA) 9.
The WRIA 9 Salmon Habitat Plan identifies actions for the recovery of
endangered salmon in the Green River, including specific project
recommendations. The Habitat Plan calls for side channel rehabilitation within
the Reddington Levee Setback and Extension project plan area (Project LG-1).
The proposed Reddington project not only accomplishes the side channel
reconnection goal, it also removes channel armoring, incorporates engineered
log structures and riparian revegetation, and avoids the use of tidegates thereby
allowing access for juvenile and adult salmonids.
The Reddington Levee Setback and Extension Project goals are to reduce
flood risks to residents of Auburn and the Green River Valley by:
• Replacing levees that do not meet modern structural design standards
and have a history of seepage problems.
• Extending the levee system where no levee currently exists along roughly
a mile of river bank from just north of the River Mobile Home Park to 43rd
Street Northeast.
• Setting back levees to reduce their susceptibility to scour, the forceful
removal and translocation of sediment by heavy water flows.
• Increasing the flow containment capacity of the levee system beyond
12,000 cubic feet per second.
An additional goal is to improve natural river functions to improve the habitat
by:
• Setting back levees to allow for more channel movement within the project
area.
• Allowing the river to meander, scour and develop a more complex
ecosystem, which includes formation of rearing habitat for juvenile salmon.
• Providing floodplain refuge for fish to avoid high flow velocities.
DI.D Page 57 of 82
Page 3 of 5
• Protecting existing vegetation and restoring a corridor of native vegetation
to increase shoreline and channel shading, support the riparian food web,
and improve fish and wildlife habitat adjacent to and within the river
channel.
Project time line
The project is planned for construction in 2013 and will cover
approximately 6,600 feet of levee.
City Related Actions
The Reddington Levee Setback and Extension Project directly or indirectly
triggers six main city approvals/actions. Nearly all require City Council approval
and thus will be the subject of future City council briefings. The
approvals/actions are as follows:
1) Comprehensive Plan Amendment – City’s approval of re-designation of a
portion of city property from “Public and Quasi-Public” to “Moderate Density
Residential” on the City’s Comprehensive Plan Map in response to a private
application. This action was completed by City Council on December 17, 2012
by Ordinance No. 6440.
2) Rezoning of Property – City’s approval of a change in zoning classification of
a portion of city property from P1, Public Use District to RMHC, Residential
Manufactured/Mobile Home Community District to be consistent with the recent
comprehensive Plan designation changes in response to a private application.
The rezoning is scheduled for a public hearing by the Hearing Examiner on
January 23, 2013. Subsequently, the Hearing Examiner will prepare a
recommendation to be considered by the City Council.
3) Purchase and Sale Agreement – The City council was briefed on a related
proposal for sale of a portion of city–owned property at the executive session on
January 7, 2013.
4) RCO Conversion for Replacement Park Land – The levee will occupy a
portion of Brannan Park that was originally purchased with federal and state
funds. In accordance with the terms of the original grant, the permission must be
secured from state and federal agencies to “convert” this eastern portion of the
park to another use and provide replacement park land. The State Recreation
and Conservation Office (RCO) administers the process.
5) City Permits and Approvals for Construction – While the project is
proposed by King County, the project is located within the City and will require
certain land use and construction authorizations by the City.
6) 3-Party Interlocal Agreement for Conveyance of Easements – The levee
project will occupy City owned properties along the west bank of the River.
DI.D Page 58 of 82
Page 4 of 5
Some of these properties are city-owned park land that was dedicated through
the subdivision process. King County has proposed to acquire an easement on
City properties on which to construct the Levee.
3-Party Interlocal Agreement for Conveyance of Easements
The attached draft 3-party Interlocal Agreement (ILA) has been prepared to
facilitate the transfer of an easement on City-owned property for the future
construction of the Reddington Levee Setback and Extension Project. The
acquisition of city properties by the King County Flood Control District and King
County will allow for the construction, operation and permanent maintenance of
the Reddington Levee Project.
The City prepared a draft interlocal agreement and upon review of the draft by
the District, it was determined that the agreement needed to involve three
parties; the City of Auburn, King County and the King County Flood Control
District. The Agreement sets forth the conditions under which the City will
convey non-exclusive easements to the District in support of the Project.
The three main elements of the agreement are:
1. Compensation to the City for approx. 10.77 acres of encumbrances to the
Auburn Storm Utility-owned property (a.k.a. Crista Ministries property),
including functional equivalent replacement of the Brannan Park storm
drainage bio-filtration swale.
2. City park land replacement by the District to satisfy the Washington State
Recreation and Conservation Office (RCO) historic grant obligations
associated with the original acquisition of Brannan Park for the
approximately 2.99 acres of passive recreation area which will be lost at
Brannan Park due to the Levee.
3. Trail improvements by the District concurrent with the levee construction
so that the top of the levee meets King County's multi-use paved trail
specifications and the trail is consistent with the overall design of the
Green River Trail. The trail shall contain a minimum of three separate
pedestrian access points that conform to the slope requirements of the
Americans with Disabilities Act (ADA). Please note that this trail is
currently planned for construction in Phase 1 of the Levee Project only.
The City through the agreement is seeking authorization to construct, if it
so desires, a temporary trail on King County controlled property in the
Phase 2 alignment.
The replacement of the functional equivalent of the bio-filtration swale and the
replacement of park land (“RCO conversion”) is anticipated to be located on the
Storm Utility-owned property formerly known as the “Crista Ministries Property”.
The approximately 31.5-acre Crista Ministries Property was originally purchased
to implement long-term recommendations in the 1991 Comprehensive Drainage
Plan. The subsequent adoption of the 2009 Comprehensive Stormwater
Drainage Plan identified that the entire property was no longer needed for storm
drainage related purposes, so surplusing portions of the property is desirable to
DI.D Page 59 of 82
Page 5 of 5
compensate the Storm Utility for a portion of the initial purchase. A public
hearing must be conducted in order to surplus a portion of the property.
The parcel is mostly undeveloped, except for the overhead electrical
transmission lines on lattice towers (Bonneville Power Administration), an
underground water transmission pipeline (Tacoma Pipeline No. 5) and city-
owned storm drainage ponds (associated with the Riverpointe subdivision) and
naturally occurring wetlands.
Enclosures: Draft City Council Schedule for Levee-Related Actions
Aerial Photo showing Levee Alignment
DI.D Page 60 of 82
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DI.D Page 62 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 1 of 10
CITY OF AUBURN, KING COUNTY AND KING COUNTY FLOOD CONTROL ZONE
DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
ASSOCIATED WITH THE REDDINGTON LEVEE EXTENSION AND SETBACK
PROJECT
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
______________,2013, by and among the City of Auburn, a municipal corporation of the State of
Washington (hereinafter referred to as the “City”), the King County Flood Control Zone District, a
quasi-municipal corporation of the State of Washington (“KC Flood District”) and King County, a
political subdivision of the State of Washington (“King County”), as Service Provider to the KC
Flood District, under a separate interlocal agreement by and between King County and the KC
Flood District. The term “District” shall hereinafter refer to both King County and the KC Flood
District collectively; otherwise KC Flood District or King County shall refer to each in their
separate capacity.
WITNESSETH:
WHEREAS, the KC Flood District and King County are each authorized to provide flood
control improvements and flood protection services throughout the geographic area of King County;
and
WHEREAS, both the KC Flood District and King County have adopted the 2006 King
County Flood Hazard Management Plan, and the Plan recommends a project to set back and extend
the Reddington Levee, to be located on the left bank (West) of the Green River in the City, between
26th Street NE and S 277th Street (“Reddington Levee Project”) ; and
WHEREAS, the Reddington Levee Project will address significant flood risks to people,
property and infrastructure within the City and assist the City in providing important flood
protection measures to its citizens; and
WHEREAS, the City holds title to properties, in which the District has the need to acquire
interests to allow for the construction, operation and maintenance of the Reddington Levee Project;
WHEREAS, in accordance with the terms of this Agreement, the City is agreeable to
conveying the property interests on the lands it holds title to for the purposes of facilitating the
construction, operation, maintenance and repair of the Reddington Levee Project ; and
WHEREAS, the City and the District desire to work cooperatively to bring about the
successful completion of the Reddington Levee Project in a timely and efficient manner;
DI.D Page 63 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 2 of 10
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. Purpose of the Agreement.
The purpose of this Agreement is to set forth the conditions under which the City will
convey non-exclusive easements to the District in support of the District’s Reddington Levee
Project.
2. Background.
The District is requesting non-exclusive easement rights to 22.9 acres on seven (7) City-
owned parcels for the construction of the District's Reddington Levee Project. The District is
proposing to construct the Reddington Levee Project in two phases. Phase 1 is proposed to extend
from within the City's Brannan Park (Generally, 26th ST NE) north to the north boundary of the plat
of Auburn 40 (a.k.a. plat of Monterey Park) and for this phase construction is anticipated to begin in
2013. Phase 2 is proposed to extend from the northern terminus of Phase 1, north to S. 277th Street.
The funding and timing of Phase 2 has not yet been determined.
This Agreement is intended to address obligations and responsibilities related to both phases of the
Reddington Levee Project.
3. Administration.
a. No new entity is created by this Agreement.
b. The City and King County shall each appoint a representative to manage activities
covered under this Agreement and to work to resolve any conflicts that arise
("Administrators"). The Administrators shall meet as needed. Either Administrator is
authorized to convene a meeting with a minimum of seven calendar days written notice
to the other, if an in-person meeting is warranted. If a conference phone call is
appropriate, it shall be convened with the same written notice and timing.
c. Any conflict that is not resolved by the Administrators within ten working days of the
meeting or conference held to discuss the conflict shall be referred for resolution to the
City’s Assistant Director of Public Works/City Engineer, or his/her designee, and the
King County Division Director of the Water and Land Resources Division. If the
conflict cannot be resolved by the City’s Assistant Director of Public Works/City
Engineer, or his/her designee, and the Division Director of Water and Land Resources
Division, it shall be resolved by the City’s Director of Public Works, or his/her
designee, and the Director of the Department of Natural Resources and Parks of King
County.
4. City's Obligations:
a. The City agrees to provide the District with easements in accordance with the
compensation and consideration described below on the following parcels and as shown
on the map at Exhibit A:
DI.D Page 64 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 3 of 10
City-Owned Parcels Easement Acreage
Reddington Levee Setback and Extension Phase 1
1 Former Crista Ministries, Parcel #0004000098 6.92
2
StormWater Facility - Bioswale Tract, Parcel
#7338001230 3.85
3 Brannan Park, Parcel #0001000081 2.99
4
Riverpoint Plat Park- Tract “D,” Parcel
#7338221190 3.50
5
Auburn 40 Plat Park – Tract “E,” Parcel
#0301402420 3.25
Reddington Levee Setback and Extension Phase 2
6
Trail Run Plat Park - Tract “O,” Parcel
#8669180500 0.92
7
Trail Run Plat Park -Tract “P,” Parcel
#8669180500 1.47
Total 22.90
5. District's Obligations:
a. City Stormwater Utility (Enterprise Fund) Land
(1) The District shall pay the City the sum of One Hundred Forty Two Thousand, Five
Hundred Eleven Dollars and No Cents ($142,511.00) for the 10.77 acres of
easement encumbrances on the City stormwater-utility owned, former Crista
Ministries Parcel (Parcel #0004000098, 6.92 acres), and the Stormwater Facility-
Bioswale Tract (Parcel #733001230, 3.85 acres).
(2) In addition, the District will be responsible for replacing the equivalent functionality
of the existing bioswale located on Parcel #7338001230, hereafter referred to as
“stormwater quality swale” or “swale”. The replacement facility shall be on the
landward side of the Levee. The District’s responsibility shall include all necessary
land use or construction permitting, design, construction, inspection, and one year of
post-construction performance monitoring, so that there will be no additional
expense to the City on this item. The District's replacement of the swale shall
include the following:
(i) Be completed in general conformance with the City's Public Facility Extension
(FAC) process.
(ii) “Equivalent functionality” shall mean that the swale has a similar length, cross-
section and hydraulic characteristics (travel time and flow depth) as the design of
the existing water quality treatment facility shown on Auburn’s construction
drawings for project number C8049A, which provides treatment for flow rates
up to 7.7 cfs and accommodates a discharge conveyance capacity of 25 cfs from
the existing Brannan Park Storm Drainage pump station. The parties agree that
the new swale and associated pipes will be designed to treat 7.7 cfs of flow and
accommodate a discharge from the pump station at a flow rate of 15 cfs,
provided the pump station can be modified to discharge an additional 10 cfs of
flow directly to the river in a manner acceptable to the City. City and King
County staff may agree to alternative or additional equivalent functionality
DI.D Page 65 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 4 of 10
criteria.
(iii) The City shall have the opportunity to review and comment on the plans
developed by the District for the swale replacement prior to finalization,
permitting and approval. The District shall cooperate and work to incorporate
City’s comments prior to finalization, permitting and approval. Additionally, the
City shall have the opportunity to inspect the construction and provide
comments.
(iv) The District shall sequence its project activities to ensure that the full equivalent
functionality of the existing bioswale is in place by October 1, 2013. The District
may install temporary measures; however, treatment functionality must be
maintained throughout construction.
b. Parkland Washington State Recreation and Conservation Office (RCO) Conversion
(1) The District shall fully fund the City's obligation to satisfy the RCO conversion
requirements for the 2.99 acres at Brannan Park (Parcel #0001000081) and shall
work with the City to replace the Brannan Park acres with 2.99 acres at another
location acceptable to the City.
(2) The City and King County shall determine whether any proposed replacement
property is "available and in an acceptable location and configuration" using the
following process: The City and King County shall cooperate to determine suitable
areas based on areas not needed for replacement of the River Mobile Home Park due
to Reddington Levee Project displacement, and based on existing easements and
restrictions and existing stormwater facilities affecting the former Crista Ministries
parcel. The potential for relocating any existing easements and restrictions or
existing stormwater facilities currently affecting the former Crista Ministries parcel
may also be evaluated and accomplished by King County. The location and
configuration of the replacement City park land shall be determined in consultation
with the City Director of Parks, Arts and Recreation. The City shall initiate and
process a boundary line adjustment or other land use process through the City's
development review to transfer ownership of the property from City’s stormwater
utility to the City’s general fund.
(3) If property on the former Crista Ministries site is available to satisfy the conversion,
the District shall fund all City costs associated with converting the stormwater
property including but not limited to:
(i) Conduct a new appraisal (under the process described in (4) below),
(ii) Perform the process required for any boundary line adjustment, if needed, and
(iii) Negotiate and complete title work and petition process with RCO.
In the event that the former Crista Ministries site is not available or acceptable, then
the parties will seek a mutually agreeable solution to replace the Brannan Park
Property.
DI.D Page 66 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 5 of 10
(4) If the District acquires the former Crista Ministries property, it shall pay the City the
fair market value as determined using the following process: The District shall, at its
sole expense, obtain an appraisal. If the City disagrees with the appraisal, it may hire
its own appraiser at its own expense. If the two appraisals are within 10 percent of
each other, the parties agree to split the difference between the two appraisals. If
they are not within 10 percent, each appraiser will jointly select a third appraiser,
whose appraisal value shall be the final value used and whose appraisal preparation
cost shall be split equally between the City and District.
c. Trail Improvements.
(1) As consideration for lost park land from the City's park resources, the District shall,
at its sole expense, design and construct a paved trail on the entire length of the
Phase 1 of the Reddington Levee Project, so that the top of the levee meets King
County's multi-use paved trail specifications and so that the trail is consistent with
the design of the Green River Trail. After construction, the trail shall become part of
the County’s regional Trail System, and the County shall be responsible for the
operation and maintenance of the trail. The trail shall contain a minimum of three
separate public access points that conform to the slope requirements of the
Americans with Disabilities Act (ADA), as mutually agreed upon by the City and
District, with the purpose of allowing the public to access the trail at the top of the
levee from current or planned public roads or trails within the immediate vicinity of
the Reddington Levee Project. In the event that the configuration of the Reddington
Levee Project generates the need for the trail to be utilized by the City to access its
utility facilities, then the parties will seek a mutually agreeable solution for such
access including the creation or addition of access points from the trail or from other
locations to said facilities, subject to approval of King County Parks.
(2) If the District constructs Phase 2 of the Reddington Levee Project, the District agrees
to pave, at its sole expense, the top of the Phase 2 levee to the same specifications
stated in Section 5c(1) above for use as a recreational trail.
(3) The City agrees to convey, at no additional cost to the District, except for the
consideration specified in Section 5.a., easements to the District over the City-owned
parcels necessary for the District to complete the District's Reddington Levee Project
and to complete said trail improvements.
(4) If and when the District constructs Phase 2 of the Reddington Levee Project, the City
will convey easements for the Reddington Levee Project needed from Trail Run Plat
Park - Tracts "0” and "P," when the District has a confirmed date to begin Phase 2
construction.
(5) For each phase of the Project, the City will retain rights to the levee top trail over city
owned property and for accessing the levee trail at a minimum of three (3) mutually
agreed upon selected points along the trail and retain rights for pedestrian and hand-
carry boat access to the water of the Green River. Easement locations will be
DI.D Page 67 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 6 of 10
coordinated by the District during the design phase prior to construction with City
and King County Parks approval of final levee plans that illustrate public access
points.
(6) The District agrees to exercise its best efforts in helping the City acquire rights in
real property that would allow the City, at its sole expense, to construct a temporary
trail on District or other property for the purposes of connecting the north end of the
Phase 1 trail to the public trail along 277th Street. To the extent that King County
has or obtains real property interests in the location of such proposed temporary trail,
King County agrees to undertake a good faith effort to convey to the City rights
sufficient to allow the construction and maintenance of such temporary trail. If
Phase 2 of the Reddington Levee Project is not constructed, the Parties will work
towards finding a means that would allow the public to continue use of the
temporary trail. If Phase 2 of the Reddington Project is constructed, the Parties agree
that such rights of the City referred to in this subsection 6 shall terminate upon
construction of a connecting trail as part of Phase 2 of the Project or upon District
construction of the regional trail segment.
6. Preparation and recording of easements.
a. The District will prepare drafts of all easement documents in a form acceptable to the
City.
b. The District will be responsible for recording all easements, and for providing copies to
the City.
7. Indemnification.
The City and the District agree that each shall indemnify and hold the other party and its
agents, employees, and/or officers, harmless from and shall process and defend at its own expense
any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of
whatsoever kind or nature, brought against the indemnified party arising out of, in connection with,
or incident to the execution of this Agreement and/or the indemnifying party’s performance or
failure to perform any aspect of this Agreement; provided, however, that if such claims are caused
by or result from the concurrent negligence of the indemnified party, its agents, employees, and/or
officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence
of the indemnifying party; and provided further, that nothing herein shall require the indemnifying
party to hold harmless or defend the indemnified party, its agents, employees and/or officers from
any claims arising from the sole negligence of the indemnified part, its agents, employees, and/or
officers. No liability shall attach to any party by reason of entering into this Agreement except as
expressly provided herein. 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 guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability by the City,
King County, and/or the KC Flood District, granted under state statute, including Chapters 86.12
and 86.15 of the Revised Code of Washington (RCW), or as otherwise granted or provided for
by law.
DI.D Page 68 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 7 of 10
8. Waiver of Subrogation.
The parties hereby mutually release each other from liability and waive all right of recovery
against each other for any loss caused by fire or other perils which can be insured against under fire
insurance contracts including any extended coverage endorsements thereto which are customarily
available from time to time in the State of Washington, provided, that this paragraph shall be
inapplicable to the extent that it would have the effect of invalidating any insurance coverage of any
party.
9. Compliance with rules and regulations
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
10. Assignment
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other parties.
11. Attorney’s fees
If any party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by another party with respect to this
Agreement, and in the further event that one or more parties shall substantially prevail in such
action, the losing party shall, in addition to all other payments required therein, pay all of the
prevailing party’s or parties’ reasonable costs in connection with such action, including such sums
as the court or courts may adjudge reasonable as attorney’s fees in the trial court and in any
appellate courts.
12. NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent
to the following respective addresses:
To King County::
Christie True, Director,
King County DNRP
201 S Jackson Street, Suite 700
Seattle, WA 98104-3855
To the City:
Dennis Selle, Asst. Public Works
Director/City Engineer
25 W. Main Street
Auburn, WA 98001
To the KC Flood District:
Kjris Lund
Executive Director
516 Third Avenue Room 1200
Seattle, WA 98104
DI.D Page 69 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 8 of 10
or to such other respective addresses as any party hereto may hereafter from time to time designate
in writing. All notices and payments mailed by regular post (including first class) shall be deemed to
have been given on the second business day following the date of mailing, if properly mailed and
addressed. Notices and payments sent by certified or registered mail shall be deemed to have been
given on the day next following the date of mailing, if properly mailed and addressed. For all types
of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the
date of mailing. Notices may be provided by electronic mail, and shall be considered to have been
given on the day after the electronic mail message is sent.
13. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree that it will comply
with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or the presence of any sensory,
mental or physical handicap be discriminated against or receive discriminatory treatment by reason
thereof.
14. MISCELLANEOUS
a. All of the covenants, conditions and agreements in this Agreement shall extend to and
bind the legal successors and assigns of the parties hereto
b. This Agreement shall be deemed to be made and construed in accordance with the laws
of the State of Washington. Jurisdiction and venue for any action arising out of this
Agreement shall be in accordance with RCW 36.01.050.
c. The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
d. The duration of this Agreement shall extend until the completion of the construction of
Phase 2 of the Reddington Levee Project. Notwithstanding the preceding sentence, in
the event that the parties mutually agree in writing after construction of Phase 1 of the
Reddington Levee Project that the construction of Phase 2 of the Reddington Levee
Project should be postponed indefinitely, then this Agreement shall terminate upon the
date of the execution of such writing.
e. The performances of the duties of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the parties.
f. Unless otherwise specifically provided herein, any real property to be held in connection
herewith, if applicable, shall be held as the separate property of the party or parties in
whose name(s) the property is/was acquired.
g. No provision of this Agreement shall relieve any party of its public agency obligations
and or responsibilities imposed by law.
h. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held to be invalid or unenforceable by a final
decision of any court having jurisdiction on the matter, the remainder of this Agreement
or the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable shall not be affected thereby and shall
DI.D Page 70 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 9 of 10
continue in full force and effect, unless such court determines that such invalidity or
unenforceability materially interferes with or defeats the purposes hereof, at which time
either party shall have the right to terminate the Agreement.
i. This Agreement constitutes the entire agreement among the parties. There are no terms,
obligations, covenants or conditions other than those contained herein. No modifications
or amendments of this Agreement shall be valid or effective unless evidenced by an
agreement in writing signed by all of the parties.
j. Pursuant to RCW 39.34.040, a copy of this Agreement shall be filed with the Auburn
City Clerk, recorded with the King County Auditor, or made available on the City or
County web sites, in the sole discretion of the Parties.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
KING COUNTY CITY OF AUBURN
By: __________________________________ ____________________________________
Peter B. Lewis, Mayor
Its: __________________________________
Attest:_______________________________
Danielle Daskam, City Clerk
Approved as to form:
_____________________________________ ____________________________________
Deputy Prosecuting Attorney Daniel B. Heid, City Attorney
KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By:_______________________________
Its:__________________________________
Approved as to form:
____________________________________
Attorney for KC Flood District
DI.D Page 71 of 82
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 10 of 10
EXHIBIT A
MAP
DI.D Page 72 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Project Status Report
Date:
January 16, 2013
Department:
Public Works
Attachments:
Capital Project Status Report
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached report.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Gaub
Meeting Date:January 22, 2013 Item Number:DI.G
AUBURN * MORE THAN YOU IMAGINEDDI.G Page 73 of 82
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DI.G Page 74 of 82
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Pa
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6
DI.G Page 76 of 82
Da
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Ja
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28
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Pa
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6
DI.G Page 77 of 82
Da
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Ja
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6
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No
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DI.G Page 79 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Action Tracking Matrix
Date:
January 16, 2013
Department:
Public Works
Attachments:
Action Tracking Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached matrix.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:January 22, 2013 Item Number:DI.H
AUBURN * MORE THAN YOU IMAGINEDDI.H Page 80 of 82
Updated: 1/16/2013 12:29 PM
No.Item Description Contact
Next PWC
Review Date Est. Comp.
Date Status
A Sidewalk Program Funding Sources Para 6/1/2013 PWC to review funding options with Midbiennium budget planning.
B
Track completed project on the 2012 Active
Capital Improvement Projects Map Gaub
C Fulmer Well-Field Feasibility Study Updates Repp 3/18/2013 Initial study finding are not yet completed.
D
Turns on Red and Flashing Yellow Arrows -
Cost Estimate for Signs Para 1/22/2013
Preparing Inventory of Right Turn Arrows, recommendation for
signage, and cost estimate.
E System Development Charges (SDCs)Repp 11/1/2013 Yearly Review of SDCs
F SDC and Cost of Service Analysis Scope Repp 1/22/2013 7/31/2013 Consultant preparing scope and budget
G Total Permitting Cost for Single Family Home Repp 1/22/2013 1/22/2013
H Payback/Charge in-lieu Process Repp 2/18/2013 2/18/2013 Review current City process
I
CP1224, 2013 Local Street Pavement
Reconstruction Project Wickstrom 4/15/2013 4/15/2013 50% Design Review
J
CP1120, Lea Hill Safe Routes to Schools
Improvement Truong 4/1/2013 4/1/2013 50% Design Review
K Comprehensive Transportation Plan Update Webb 6/3/2013 11/1/2014
Discussion of LOS Standards (Corridors: N/S vs E/W), modeling
scenarios Incorporating "Event Traffic", & safety versus efficiency
policy.
L C201A, M Street Underpass Project Vondrak N/A 1/17/2013 Site visit scheduled for 1/17/13.
Public Works Committee - Action Tracking Matrix
Ongoing - Quarterly updates, next one in January
DI.H Page 81 of 82
Updated: 1/16/2013 12:29 PM
No.Item Description Contact
Next PWC
Review Date Est. Comp.
Date Status
M BNSF Stampede Pass Line Para 3/18/2013 3/18/2013 Discuss Chairman Wagner's email.
N
CP1122, 30th Street NE Area Flooding - Phase
1 Truong 5/1/2013 5/1/2013 Review scope at 60% design stage
O C524A, SCADA Project Repp 2/4/2013 2/4/2013 Review project status and demonstrate capabilities of system.
DI.H Page 82 of 82