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HomeMy WebLinkAbout02-04-2013 CITY COUNCIL AGENDA PACKET City Council Meeting February 4, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1. Proclamation - Kiwanis Children's Cancer Month Mayor Lewis to proclaim February 2013 as "Kiwanis Children's Cancer Month" in the city of Auburn. 2. Appointments to Boards and Commission City Council to confirm the following appointments to boards and commissions for three year terms expiring December 31, 2015: Auburn Municipal Airport Advisory Board Josh Clearman John Theisen White River Valley Historical Society Board Bill Greene Rosella Mosby D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is scheduled for this evening. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. January 28, 2013 Minutes* (Peloza) Page 1 of 89 B.Planning & Community Development 1. January 28, 2013 Minutes* (Backus) C.Public Works 1. January 22, 2013 Minutes* (Wagner) D.Finance 1. January 22, 2013 Minutes* (Partridge) E.Les Gove Community Campus F.Council Operations Committee IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the January 22, 2013 Regular Meeting* B. 2012 Claims Vouchers (Partridge/Coleman) 2012 claims check numbers 419991 through 420104 in the amount of $1,140,982.89 and dated February 4, 2013. C. 2013 Claims Vouchers (Partridge/Coleman) 2013 claims check numbers 420105 through 420354 in the amount of $1,020,319.21 and two wire transfers in the amount of $5,920.69 and dated February 4, 2013. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533572 through 533601 in the amount of $263,434.11 and electronic deposit transmissions in the amount of $1,204,471.05 for a grand total of $1,467,905.16. E. Public Works Project No. CP0616* (Backus/Dowdy) City Council award Contract No. 12-21 to West Coast Signal on their low bid of $79,427.00 for Project No. CP0616 Downtown Pedestrian Kiosks. F. Public Works Project No. CP1112* (Wagner/Dowdy) City Council approve Final Pay Estimate No. 4 to Contract No. 12-09 in the amount of $10,764.69 and accept construction of Project No. CP1112, 2011/2012 Sidewalk Repair Project. G. 22nd Street High Consumption* (Wagner/Coleman/Dowdy) City Council grant a water utility adjustment to three utility accounts for higher than normal consumption recorded on customer meters. (ACTION REQUESTED: City Council approve the Consent Agenda.) V.UNFINISHED BUSINESS There is no unfinished business. Page 2 of 89 VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6446* (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the Local Sales and Use Tax rate for Local Revitalization Financing for 2013 (ACTION REQUESTED: City Council adopt Ordinance No. 6446.) VIII.RESOLUTIONS A. Resolution No. 4894* (Partridge/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn to impose a Sales and Use Tax as authorized by RCW 82.14.415 as a credit against State Sales and Use Tax relating to annexations (ACTION REQUESTED: City Council adopt Resolution No. 4894.) B. Resolution No. 4899* (Backus/Lein) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute administrative procedures as needed on behalf of the City to accept a State grant in the amount of $12,500.00 from the Washington State Department of Commerce to fund administrative activities within the Urban Center for Innovation Partnerships, Innovation Partnership Zone (IPZ #15) (ACTION REQUESTED: City Council adopt Resolution No. 4899.) C. Resolution No. 4903* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the South 277th Street Corridor Capacity and Non-Motorized Trail Improvement Project (ACTION REQUESTED: City Council adopt Resolution No. 4903.) IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor X.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 3 of 89 Page 4 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Appointments to Boards and Commission Date: January 31, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council to confirm the appointments to boards and commissions for three year terms expiring December 31, 2015. Background Summary: City Council to confirm the following appointments to boards and commissions for three year terms expiring December 31, 2015: Auburn Municipal Airport Advisory Board Josh Clearman John Theisen White River Valley Historical Society Board Bill Greene Rosella Mosby Reviewed by Council Committees: Councilmember:Staff: Meeting Date:February 4, 2013 Item Number:AN.3 AUBURN * MORE THAN YOU IMAGINEDAN.3 Page 5 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: January 28, 2013 Minutes Date: January 30, 2013 Department: Police Attachments: January 28, 2013 Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:February 4, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 6 of 89 Municipal Services Committee January 28, 2013 - 3:30 PM Council Conference Room MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne, Member John Partridge. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Public Works Director Dennis Dowdy, Planning and Development Director Kevin Snyder, Parks, Arts and Recreation Director Daryl Faber, Assistant City Attorney Steven Gross, Financial Planning Manager Martin Chaw, Administration/Business Manager Darcie Hanson, Financial Services Manager Rhonda Ewing, Maintenance and Operations Manager Randy Bailey, Solid Waste and Recycling Supervisor Joan Nelson and Police Secretary Scribe Terry Mendoza. Others present: Citizen Scot Pondelick. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. January 14, 2013 Meeting Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. DISCUSSION ITEMS A. Animal Control Licensing Program (Hanson) An update on the Animal Control Licensing Program was provided by Darcie Hanson, Administrative/Business Services Manager for the Planning and Development Department. Since January 1, 2013 the City has sold 194 new pet licenses through PetData with 32 of those Page 1 of 4 MS.1 Page 7 of 89 being sold at the Auburn Valley Humane Society Ribbon Cutting event. This brought in approximately $5,000.00 which is about sixty percent (60%) of the projected revenue for the month. Pet license renewal notices were mailed out the second week of January. The City deployed gently used laptops to local veterinarians and the AVHS to assist with the purchase and/or renewal of licenses. Citizens inquiring about pet licensing are being directed to PetData as well as to the City's dedicated line (253) 876-1997. Committee discussion followed. B. Shopping Cart Update (Bailey) Maintenance and Operations Manager Randy Bailey briefed the Committee on the shopping cart status as of January 25, 2013. Information was distributed summarizing the shopping cart impound/disposal fees billed this month ($3,810.00), as well as payments received for the shopping cart invoices ($1,800.00). The amount outstanding for shopping cart receivable is $2,010.00. The handout also included a breakdown of shopping cart receivable and Manager Bailey stated that most of the companies have been on the list less than three months. Chair Peloza requested the same report to include the aging information. Manager Bailey will leave an updated report in the Committee members mailboxes. Committee discussion followed. C. Auburn Golf Course Financial Review (Coleman) Financial Planning Manager Martin Chaw updated the Committee on the Golf Course's financial status to include the working capital statement, balance sheet and rounds played. The year-to-date actual in terms of revenue and operating expenses, including an adjustment for depreciation was $93,798.00. Total rounds played for 2012 were 45,704. This decrease from 2011 figures can be attributed to damage sustained during the snow/ice storm in January and a wet/rainy Spring and Summer season. Parks, Arts and Recreation Director Daryl Faber also presented the new Golf Course brochure which has received a very positive response in the community and has been distributed to the larger corporations in the area. The new brochure includes better packages available during the Winter months and information in conjunction with the Copper Falls restaurant. There are many groups that will be returning to the Golf Course this year for their tournament events which projected would result in approximately $35,000.00 in revenue. Committee discussion followed. D. King County Solid Waste Interlocal Agreement (Coleman) Joan Nelson, Solid Waste and Recycling Supervisor, along with Assistant City Attorney Steven Gross reported on the Sound Cities and King County negotiations for the Solid Waste Interlocal Page 2 of 4 MS.1 Page 8 of 89 Agreement. The King County Solid Waste ILA was formed and signed in 1988 by cities for a 40-year term. Individual cities contract or provide for the collection of garbage and recycling, and the King County Solid Waste Division (SWD) provides for the transfer, disposal and recycling services. The Amended and Restated Solid Waste ILA (2013 ILA) provides greater accountability, transparency, simplicity, and durability to address the long term needs of the system, as well as addressing the mitigation and indemnification issues specifically related to the Cedar Hills transfer site. Since the 2013 ILA has been through legal review by all participating cities and King County, no changes can be made to the amended and restated agreement. Cities have until April 30th to act on the 2013 ILA. Committee discussion followed. E. Red Light Photo Enforcement (Lee) The 2012 end of year review for the Red Light Photo Enforcement program was presented by Assistant Police Chief Bill Pierson. The City launched the program in 2006 and since that time the overall red light violations have been reduced, especially in school zones. The number of actual infractions issued to reported violations has also decreased from 86.1% in 2008 to 76.8% in 2012. Mayor Pete Lewis requested that copies of the Red Light annual report be distributed to the Auburn School District and Green River Community College. Committee discussion followed. F. Animal Control (Lee) Police Chief Bob Lee briefed the committee on animal control statistics to date in January. Our new Animal Control Officer, George Winner, has had 19 dispatched calls and 35 phone calls/messages regarding animal complaints. Seven animals have been impounded and charges will be filed against a subject that attempted to order his dog to attack officers that were on the perimeter of his home. Since the animal control program has just started Chair Peloza requested a monthly report beginning February 11, 2013. Committee discussion followed. G. Project Matrix The following updates were made to the Project Matrix: Item 10P - Review date changed to 04/08/13. Item 20P - Review date changed to 02/11/13. Status updated. Item 26P - Removed from Project Matrix. Item 27P - Lead changed to Darcie Hanson. Review date changed to 04/22/13. Item 29P - Project description updated. Review date changed to 04/22/13. Status updated. Page 3 of 4 MS.1 Page 9 of 89 Item 32P - Removed from Project Matrix. Item 3I - Review date changed to 07/01/13. IV. ADJOURNMENT The meeting was adjourned at 4:26 p.m. The next meeting of the Municipal Services Committee is Monday, February 11, 2013 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Signed this ______ day of February, 2013. ____________________ _________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 4 of 4 MS.1 Page 10 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: January 28, 2013 Minutes Date: January 30, 2013 Department: Planning and Development Attachments: Draft January 28, 2013 Minutes Budget Impact: $0 Administrative Recommendation: For information only, see attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:February 4, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 11 of 89 Planning and Community Development January 28, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room No. 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair John Holman, and Member Largo Wales were present. Also present were Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Financial Planning Manager Martin Chaw, Financial Services Manager Rhonda Ewing, Solid Waste and Recycling Supervisor Joan Nelson, Assistant City Attorney Steve Gross, Project Engineer Ryan Vondrak, Economic Development Manager Doug Lein, Planning Manager Elizabeth Chamberlain, Development Services Manager Jeff Tate and Planning Secretary Tina Kriss. Members of the public present included: Scott Pondeleck and Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - January 14, 2013 (Snyder) Approval of minutes. Vice-Chair Holman moved and Member Wales seconded to approve the Planning and Community Development Committee meeting minutes for January 14, 2013 as written. Motion Carried Unanimously. 3-0 III. ACTION A. Public Works Project No. CP0616 (Vondrak) Page 1 of 4 PCD.1 Page 12 of 89 Project Engineer Ryan Vondrak reviewed Public Works Project No. CP0616. Three pedestrian kiosks will be constructed downtown to enhance the pedestrian experience. Construction is anticipated to begin in March 2013 and be completed by May 2013. Staff is requesting Committee recommend City Council award Contract No. 12-21 to West Coast Signal on their low bid of $79,427.00 for Project No. CP0616 Downtown Pedestrian Kiosks. Committee and staff reviewed the locations of the proposed kiosks and discussed the funding options for the remaining kiosks to be constructed. Committee expressed their support in making the downtown more pedestrian friendly by installing the kiosks and requested the item be added to the matrix for future discussion on funding to install the remaining six kiosks. Vice Chair Holman moved and Member Wales seconded to recommend that City Council award Contract No. 12-21 to West Coast Signal on their low bid of $79,427.00. Motion Carried Unanimously. 3-0 IV. DISCUSSION ITEMS A. Resolution No. 4894 (Coleman) Financial Planning Manager Martin Chaw reviewed Resolution No. 4894, authorizing the City of Auburn to impose a sales and use tax as authorized by RCW 82.14.415 as a credit against state sales and use tax, relating to annexations. This is an annual tax credit for up to 10 years. This will be the sixth year that the City of Auburn has asked the State for the sales tax credit. The last year for the City to apply for the tax credit will be 2017. With no questions for staff Committee determined they would take action on Resolution No. 4894 and Ordinance No. 6446. Member Wales moved and Vice-Chair Holman seconded to recommend City Council adopt Resolution No. 4894 and Ordinance No. 6445. Motion Carried Unanimously. 3-0 B. Ordinance No. 6446 (Coleman) This item was previously moved to action under Resolution No. 4894 above. C. King County Solid Waste Interlocal Agreement (Coleman) Page 2 of 4 PCD.1 Page 13 of 89 Mayor Lewis explained that for the past seven months a subset of Sound Cities, which includes the City of Auburn, has been working to negotiate and review the amended and restated King County Solid Waste Interlocal Agreement (ILA). Solid Waste and Recycling Supervisor Joan Nelson reported that King County has asked the City to approve the ILA by April 30, 2013 in order for King County to move forward with financing. Assistant City Attorney Steve Gross has been negotiating with King County on several issues within the agreement and is now recommeding the City move forward with the ILA that extends the City’s partnership with King County through 2040. Committee and staff discussed the environmental liability of the City and alternatives for the City’s disposal of waste. At this time, there are no other financially feasible alternatives. This agreement provides environmental liability protection for the City as part of the agreement. Vice-Chair Holman expressed his concerns in entering into an agreement and accepting bonded indebtedness that lives beyond the projected closure of the Cedar Hills Landfill. Assistant City Attorney Steven Gross explained that the City does not currently have an alternative for disposal of the City’s solid waste and through the agreement King County is making provisions for the City’s environmental liability. The ILA also includes language describing the parties’ intent to enter into negotiations to extend the ILA before Cedar Hills closes, part of the Cedar Hills post-closure solution. Mayor Lewis stated the City has been in negotiations with King County for months and believes this ILA is the best alternative possible for the City and citizens of Auburn. D. Ordinance No. 6341 - Current Fee Deferral Program (Tate) Development Services Manager Jeff Tate reported that the current fee deferral program adopted through Auburn City Council Ordinance No. 6341 on March 21, 2011 became effective April 4, 2011. The Ordinance allows an applicant to defer payment of impact fees and system development charges for residential and non-residential development from the time of permit issuance to either certificate of occupancy or closing on the sale of a property. No deferral payment is deferred longer than 18 months from the date of permit issuance. On April 4, 2013 Ordinance No. 6341 will expire. Mr. Tate stated the feedback from the customers who utilize the program has been very positive; seeing Auburn as a partner wanting to work with developers to provide options. Committee and staff discussed the current format of the fee deferral program and the use of the recorded covenant which appears on a title report as a debt, reducing access to the amount of credit for some Page 3 of 4 PCD.1 Page 14 of 89 of the developers through their lenders. Staff explained the City would need to assume more risk if the current format is changed; it was determined by the Committee that the current format is the best option to minimize the City’s liability and risk. Committee expressed support of the program and encouraged adopting the program permanently with a provisions to review periodically. Staff will bring this item to the Finance Committee for discussion and back to Planning and Community Development Committee for action. E. Director's Report (Snyder) Planning and Development Director Kevin Snyder provided an update on one of the City's worst abandoned properties. Through the City's legal department the City obtained authorization from King County Superior Court for warrant abatement (to clean up the property). Through the court system the owner has been made aware of his obligation to the City for the clean-up costs and City fines (approximately $50,000.00). Committee reviewed before and after photos of the property. Staff stated neighbors of the residence have commented on their appreciation of the City's efforts in cleaning up the property. F. PCDC Matrix (Snyder) Committee reviewed the matrix with staff. Per the recommendation of Committee staff will be adding the downtown pedestrian kiosks to the matrix. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:08 p.m. DATED THIS __________ DAY OF ______________, 2013. _________________________ __________________________ Nancy Backus - Chair Tina Kriss - Planning Secretary Page 4 of 4 PCD.1 Page 15 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: January 22, 2013 Minutes Date: January 30, 2013 Department: Public Works Attachments: January 22, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:February 4, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 16 of 89 Public Works Committee January 22, 2013 - 3:30 PM Annex Conference 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, Transportation Manager Pablo Para, Project Engineer Kim Truong, Water Engineer Cynthia Lamothe, Civil Engineer Joel Chalmers, Storm Drainage Engineer Tim Carlaw, Assistant City Attorney Steven Gross, Finance Director Shelley Coleman, Financial Planning Manager Martin Chaw, Customer Service Manager Brenda Goodson-Moore, Principal Planner Jeff Dixon and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Scott Pondlick. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes Councilmember Peloza moved and Councilmember Osborne seconded to approve the minutes of the January 7, 2013 Public Works Committee Meeting. Motion Carried Unanimously. 3-0. B. Public Works Project No. CP1207 (Truong) Councilmember Peloza moved and Councilmember Osborne seconded to approve initiation of Project No. CP1207 D Page 1 of 15 PW.1 Page 17 of 89 Street Utility Improvements. Chairman Wagner asked if the project is related to the RPG development east of the project location. Assistant Director/City Engineer Selle stated that there is expected to be some secondary benefit to the development from the project but it is not specifically for the development. Chairman Wagner asked if any of the project design was done based on any of RPG’s project scenarios. Assistant Director/City Engineer Selle answered that any of the developer’s scenarios will be using the D Street corridor for both access and utilities. Vice-Chair Peloza asked if the project was planned prior to the initiation of the RPG development. Assistant Director/City Engineer Selle stated the improvements are needed improvements identified in the Comprehensive Plan. Member Osborne asked if the improvements will be adequate to support development, since the Comprehensive Plan was written several years ago. Assistant Director/City Engineer Selle explained that the Comprehensive Plan improvements were used to set the conditions for the RPG development. Motion Carried Unanimously. 3-0. C. Public Works Project No. CP1116 (Truong) Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council approve Final Pay Estimate No. 8 to Contract No. 11-20 and accept construction of Project No. CP1116 Downtown Pedestrian Lighting. Chairman Wagner asked about the plan for data collection from the downtown lighting project to help in making decisions on the future use of LED lights around the City. Assistant Director/City Engineer Selle answered that staff has cost information associated with the downtown lights which from a new installation standpoint provides some information. The downtown lighting is a special application with lights closely spaced, unlike other applications around the City so staff and the Committee need to continue to assess the feasibility of LED lights for new installations or for retrofitting existing lights, which could potentially be more cost effective. Assistant Director/City Engineer Selle reported that in December 2012, PSE did come out with a new schedule that does recognize the use of LEDs in PSE lights and staff will be evaluating what those impacts are. Page 2 of 15 PW.1 Page 18 of 89 Assistant Director/City Engineer Selle also explained that from this project we have learned about LED technology for this specific type of application, but in terms of applying the technology in other areas of the City, the downtown is a special application in terms of light spacing and light height, which are different than the spacing and heights used typically across the City. Staff is also reviewing the lighting standards of other agencies and sharing information. Chairman Wagner spoke about the intensity of the lights and asked if there was any data that could be collected in the downtown area. Assistant Director/City Engineer Selle stated there may be some data that could be collected such as lighting levels during various times of day and community feedback. Assistant Director/City Engineer Selle pointed out that LED lights typically are less bright when spaced further apart than they are downtown. Chairman Wagner stated that he would like more data collected regarding the “human factor” from the community and citizens. Chairman Wagner asked staff to develop a plan on how to collect information about how the public views the lights. Project Engineer Truong stated that the cost of the downtown lights is within the costs estimated by staff, in response to a question asked by Chairman Wagner. Chairman Wagner asked if the cost would be the same for other installations in other areas. Assistant Director/City Engineer Selle noted that a comparison would be difficult due to the unique design of the downtown installation. Assistant Director/City Engineer Selle stated that staff has been spending effort to determine which technology would be able to be applied in other areas in the City. Director Dowdy noted that the research PSE is doing on upgrading to LED lights will provide the City with data regarding the use of LEDs on poles spaced further apart and that are higher up than n the downtown lights. Chairman Wagner spoke about the cost payback on energy projects. Member Osborne asked if there will be a cost analysis done, comparing the new energy cost with the previous cost. Assistant Director/City Engineer Selle stated that the historical data can be collected. Assistant Director/City Engineer Selle answered questions asked by Vice-Chair Peloza regarding the warranty on the lights. Vice-Chair Peloza noted one of the lights may be in need of repair. Project Page 3 of 15 PW.1 Page 19 of 89 Engineer Truong stated there were two lights that were being repaired as part of the warranty. Motion Carried Unanimously. 3-0. D. Public Works Project No. EM0902 (Truong) Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council approve Final Pay Estimate No. 5 to Contract No. 12-14 and accept construction of Project No. CP1116. Director Dowdy answered questions asked by Vice-Chair Peloza regarding the project’s budget. Director Dowdy stated that the opportunity funds are funds allocated to Auburn within the Flood Control District’s budget. Director Dowdy stated that balance of the funds paid by the Flood Control District will go back to the District. Motion Carried Unanimously. 3-0. 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 Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council adopt Resolution No. 4898, as amended. Transportation Manager Para presented the interlocal agreement with King County, with the amendments recommended by the Committee at a previous meeting. Para noted that the budget numbers requested by the Committee are included in the Resolution’s agenda bill. Para pointed that the amount budgeted is not what the City is required to spend on the general services. Transportation Manager Para explained that the cost for the project will be incurred per each task order. Task orders and requests for services will be submitted to the county and an estimate will be provided to the City, which must be authorized by the City prior to work beginning. There will be a specific scope and cost estimate for each service requested under the general contract. Chairman Wagner asked if the $200,000.00 amount includes pavement marking in both Pierce and King Counties. Transportation Manager Para confirmed that both counties are included. Page 4 of 15 PW.1 Page 20 of 89 Transportation Manager Para answered questions asked by Chairman Wagner regarding the amount budgeted for striping last year versus the current year. Assistant City Engineer Gaub stated that the storm pond cleaning project, that may potentially be included in the agreement, was advertised for bids twice in 2012, in response to a question asked by Chairman Wagner. The first time the project went to bid, the City received one bid which was 2-3 times higher than the engineer’s estimate and the second time, the City received no bids. City staff have met with other agencies that use King County to complete this type of work and discussed their experience working with King County which has been positive. The Committee and staff discussed how the amount of the contract is budgeted. Transportation Manager Para noted that all of the projects will go to the Mayor for approval unless the amount exceeds the budgeted authority. Member Osborne asked if the contract will be reviewed by the Committee annually to approve the amount budgeted for the contract every year. Assistant Director/City Engineer Selle stated that the budget has to be approved by Council annually. Transportation Manager Para stated that the agreement does not obligate any funds; it is the subsequent task orders that will obligate the City to reimburse King County for their services. Assistant Director/City Engineer Selle stated that the larger projects included in the agreement will also be tracked by the Committee on the Capital Project Status Report. Transportation Manager Para stated that the agreement will be reviewed by the Finance Committee, in response to a question asked by Chairman Wagner. The Committee and staff continued discussion regarding how the agreement will be budgeted in future years. Chairman Wagner recommended removing the automatic renewal language from the Agreement. Member Osborne recommended including language stating that the agreement and budget will be reviewed annually by the Council. Transportation Manager Para recommended adding the agreement to Page 5 of 15 PW.1 Page 21 of 89 the Action Tracking Matrix to be reviewed by the Committee prior to the automatic renewal date to discuss tasks budgeted for the next year and projects that could potentially be authorized under the contract. Assistant City Attorney Gross stated that the internal budget tracking should not be included in the Agreement, but a provision in the Resolution could be added stating that the appropriation for the agreement has to go to Council to be authorized. Gross said that the language regarding the automatic renewal would remain in the Agreement because that applies to the City’s interaction with the County and does not have any affect on the City’s internal budget and does not supersede any budget restrictions that are put on the funding. Member Osborne stated that he does not want the automatic renewal removed from the Agreement as long as the Council can review how much will be spent each year. Assistant City Engineer Gaub answered questions asked by Vice- Chair Peloza regarding the storm pond cleaning project included in the agreement. Chairman Wagner asked that language be included in the Resolution requiring that the budget be reviewed by Council yearly. Assistant City Attorney Gross explained that the annual renewal in the Agreement just ensures the contract is in place every year but does not create a requirement for the City to utilize the contract or obligate funds, in response to comments made by Chairman Wagner. Assistant City Attorney Gross suggested adding a section to the Resolution that says the funding for the contract will be renewed and specifically authorized every year, in response to a request made by Vice-Chair Peloza. The Committee agreed to adding the new section and retaining the section allowing the automatic renewal of the Agreement. Assistant City Engineer Gaub explained that in future years there will probably not be as much budgeted for storm pond cleaning as the current year, because the cleaning of the storm pond has not been able to be complete for several years and the City needs to get caught up. Chairman Wagner asked that Assistant City Engineer Gaub attend the Finance Committee meeting to explain the budget for storm pond cleaning. Assistant City Attorney Gross answered questions asked by Vice- Chair Peloza regarding the wording of the Resolution and the scope of Page 6 of 15 PW.1 Page 22 of 89 services included in the contract. Vice-Chair Peloza asked for changes to the contribution language. Assistant City Attorney Gross stated that he would have to consult with Risk Management prior to changing the language. Staff answered questions asked by Vice-Chair Peloza regarding the schedule for tasks and the schedule for the City’s quarterly reports. Motion Carried Unanimously. 3-0. IV. DISCUSSION ITEMS A. 22nd Street High Consumption (Coleman/Dowdy) Director Dowdy reported that staff had several meetings to try and determine the reason for the increased water consumption at the three residences in question and was unable to establish a cause. Director Dowdy stated that the data does not allow for the City to prove or disprove any cause. Vice-Chair Peloza asked for the cost of replacing the meters. Water Utility Engineer Lamothe answered it is approximately $212.00 each. Director Dowdy noted that if staff believes the meters are faulty, it is the obligation of the City to replace them. Finance Director Coleman stated that the meters that were replaced were tested and read accurately. Finance Director Coleman explained how technicians locate leaks, in response to questions asked by Vice-Chair Peloza. The Committee and staff reviewed the past water consumption for the three residences compared to the months of higher consumption. Finance Director Coleman noted there were no leaks found. The Committee and staff discussed possible causes for the increased consumption. The Committee agreed that the adjusted amounts should be written off. B. Leak Adjustment Policy 100-52 Revision (Coleman) Finance Director Coleman explained that staff is asking for Council to provide the Finance Director latitude to make a leak adjustment for those customers experiencing financial hardship. Chairman Wagner asked why the revision requested by the Page 7 of 15 PW.1 Page 23 of 89 Committee regarding the location of a water leak had not been included. Member Osborne noted that at a previous meeting, the Committee decided to include not only leaks from the building to the street but also leaks inside the building. Finance Director Coleman stated that staff had several meetings to discuss the revision requested by the Committee and explained that if leaks inside the building are eligible when determining leak adjustments, leaking toilets, other appliances, etc. Finance Director Coleman suggested further discussion on whether or not to include the water line beyond the point the line has enters the building. The Committee and staff discussed whether or not leaks inside a building should be a factor when determining eligibility for leak adjustments. Utility Engineer Repp spoke about limitations on what the City can and can not do when determining which leaks utilities should support and which leaks are the property owner’s responsibility. Repp also said that it is difficult for staff to examine leaks once the line enters a structure and that is part of the reason why staff supports only including the line to the point where it enters the building. Utilities Engineer Repp stated that the current policy does not allow staff the ability to make decisions about leak adjustments in the case of financial hardship. The Committee decided to retain the current policy regarding determining eligibility for leak adjustments and the adjustments may be applied for leaks occurring in the water line from the street to where it enters the house. Finance Director Coleman pointed out that the policy states the appeal process applies only to adjustments over $500.00. The Committee and staff discussed whether or not to lower the $500.00 limit. The Committee decided not to lower the limit at this time. Vice-Chair Peloza requested additional information regarding the number of leaks that do not meet the $500.00 limit. The Committee asked what the definition of “financial hardship” will be. Finance Director Coleman suggested using the same income thresholds as those currently used for the low-income senior/disability discounts that the City offers. Coleman suggested any other extenuating circumstances also be considered. Chairman Wagner asked how staff determines whether or not an applicant is low income. Finance Director Coleman answered Page 8 of 15 PW.1 Page 24 of 89 customers provide staff with tax returns and other documents. Customer Service Manager Goodson-Moore said that there is also a form that is used for the low-income senior/disability discount that can be revamped for leak adjustments in cases of hardship. The Committee agreed with the criteria suggested by Finance Director Coleman. C. 2013 Utility System Revenue Bond (Coleman) Finance Director Coleman distributed a handout titled, “Utility 2013 Bond Funded Projects. The Committee and staff reviewed the capital projects that will be funded by the bond and the cost of the projects. Finance Director Coleman noted that a Public Works Trust Fund loan has been secured for the Well 1 Improvements. That project was going to be included in the bond. Coleman also noted that the annual debt service on new bonds will be approximately 5% of Water and Stormwater rates. The Committee and staff reviewed the Water Utility Rate and Stormwater Rate Revenue Requirements graphs. Finance Director Coleman explained how the debt service rate was estimated, in response to a question asked by Chairman Wagner. Financial Planning Manager Chaw answered questions asked by Chairman Wagner regarding the new debt service represented on the graphs and how the rates are calibrated to include the issuance of future bonds. Vice-Chair Peloza asked if the debt service for the 2013 bonds would be better represented with a spread of 5%-8%. Finance Director Coleman confirmed that it would. Utilities Engineer Repp answered questions asked by Member Osborne regarding the phases of the flood area project included in the Stormwater Projects. Auburn Way South Flooding is Phase 2 and 30th Street NE Area Flooding in Phase 1. Finance Director Coleman stated that staff is working on the bond ordinance and it will be brought back to the Committee for review on February 4, 2013. 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 Page 9 of 15 PW.1 Page 25 of 89 Reddington Levee Setback and Extension Project Principal Planner Dixon explained that the Reddington Levee Setback and Extension Project is a project being undertaken by the King County Flood Control District and the City is partnering on the project. The project seeks to setback, i.e. move west, and extend Reddington Levee along the west bank of the Green River, through the City of Auburn. Principal Planner Dixon discussed the scope of work for the project. The Committee and staff reviewed the map which shows both phases of the project. Principal Planner Dixon stated that King County currently has funding only for the first phase of the project, from 26th Street NE, north to the northern boundary of Monterey Park (a.k.a Auburn 40 plat). Dixon stated that the map included in the agenda packet shows takes of City owned property as well as privately owned property, in response to a question asked by Chairman Wagner. Principal Planner Dixon discussed the problems that will be addressed by constructing the new levee setback. Member Osborne asked if the new levee will be constructed prior to removal of the existing levee. Dixon confirmed that to be correct. Principal Planner Dixon spoke about the project goals. Mayor Lewis responded to questions asked by Member Osborne regarding potential flooding up the river if the levee system flow containment capacity is increased beyond 12,000 cubic feet per second. Dixon noted that the project site is only one segment of the river where the project will provide increased flood capacity and more storage. This project is part of the county’s overall program to deal with the Green River and the first increment of levee improvement. Mayor Lewis spoke about the measurement of success for the project, in response to a question asked by Member Osborne. The Committee and staff discussed the maximum flow of the river, the levee system, and potential flooding, in response to concerns expressed by Member Osborne. Principal Planner stated that the project is scheduled to start construction in 2013 but the county website does not indicate the duration of construction window. Page 10 of 15 PW.1 Page 26 of 89 The project results in 6 related City actions. The Committee and staff reviewed the City related Actions Schedule for the project. Assistant Director/City Engineer Selle explained that there will be two separate agreements, one between the County and the River Estates Mobile Home Park for purchase of property for the Levee footprint and a second agreement between the City and the River Estates Mobile Home Park for purchase of a portion of the property owned by the City’s Storm Utility (a.k.a formerly Crista Ministries). Assistant Director/City Engineer Selle pointed out the locations of the properties on an aerial map. Principal Planner Dixon noted that the levee setback will impact approximately sixteen mobile home units and their recreational vehicle parking. The mobile home park intends on replacing the units using the property purchased from the City storm utility. The Committee and staff continued review of the City related Actions Schedule for the project. Principal Planner Dixon explained that there will be a Recreation and Conservation Office (RCO) conversion for replacement park land. Dixon stated that the levee project will take approximately 2.99 acres of the existing developed open space within Brannan Park for the footprint of the levee. That portion of the park needs to be replaced under the original grant obligation of the original acquisition so the City needs to find a suitable replacement for the 2.99 acres. Assistant Director/City Engineer Selle pointed out the proposed location for the usable park space within the storm utility owned property. Dixon answered questions asked by Member Osborne regarding the type of park space that will be required. Principal Planner Dixon stated that the County intends to submit applications for the needed city construction permits from City later in the week. Another City action is the 3-party agreement for use of city owned properties for Levee. Principal Planner Dixon reviewed the properties that will be affected by the 3-Party Interposal Agreement for conveyance of the levee easement from the City with the Committee. The agreement addresses use of two City Storm water owned properties. As part of the agreement, the county will also provide a functional replacement for the bios wale that is being replaced by the levee footprint. The interposal agreement also addresses the County’s responsibility to provide replacement of the 2.99 acres of Brannan Park within the storm utility owned property. Under the agreement provisions the City will also receive a replacement paved trail system along the top of the levee as part of Page 11 of 15 PW.1 Page 27 of 89 the construction. The complete construction of the trail system will occur in phase 1 of the project and the City has also secured the county’s assistance to construct the trail in phase 2, if the City elects to build the trail in advance of the levee construction. Principal Planner Dixon responded to a question asked by Member Osborne regarding the 3 required Americans with Disabilities Act (ADA) accessible locations along the trail. Dixon stated that under state law in order to surplus city owned property that was originally acquired for utility purposes and to recognize a portion of the former Cristal Ministries property as park land, the City must conduct a Public Hearing. Mayor Lewis addressed questions asked by Member Osborne regarding the project’s cost to the City. The Committee and staff discussed the project’s budget. Chairman Wagner asked how the price of the 10.77 acres of encumbrances to the Auburn Storm Utility properties was calculated. Principal Planner Dixon answered that the amount is based on an appraisal conducted by King County and the County also conducted a review appraisal both of which were reviewed by the City and accepted. Chairman Wagner asked for an explanation as to why the property is worth less than wetlands. Mayor Lewis noted that the City is selling an easement and not the actual property. Mayor Lewis asked that copies of a summary of the appraisals be provided to the Committee members. The Committee and staff discussed the improved functionality of the proposed construction of the new bios wale. Storm Drainage Engineer Carlaw explained how staff determined how the bios wale should be constructed to improve functionality. Storm Drainage Engineer Carlaw pointed out that under the terms of the 3-party agreement the City also has the authority to approve all plans and issue the necessary permits. Principal Planner Dixon answered questions asked by Vice-Chair Peloza regarding the parkland replacement. E. Utility System Development Charges (Repp) Utilities Engineer Repp explained that the analysis and background information that the consultant uses for the Cost of Service is also relevant for the System Development Charges (SDCs), in response to a question asked by Chairman Wagner. Repp stated that one of the Page 12 of 15 PW.1 Page 28 of 89 benefits of using the consultant, FCS Consultants, is that they have experience with other jurisdictions’ SDCs and will be able to provide meaningful comparisons. Repp discussed some of the difficulties staff has producing similar comparisons. Utilities Engineer Repp said that staff can ask the consultant to segregate the tasks of the Cost of Service analysis and the SDC analysis. Chairman Wagner voiced his concern about the possibility of SDCs not getting a fair amount of analysis if combined with the cost of service task. Chairman Wagner asked that the tasks be done separately, with the SDC analysis being completed in summer 2013 and the Cost of Service analysis completed at the end of the year. Utilities Engineer Repp suggested initiating a single contract with FCS that says the SDC analysis be completed first and for the Cost of Service analysis to have a separate schedule. Mayor Lewis supported a single contract. Chairman Wagner agreed. The Committee and staff reviewed Figure 1, SDC Comparison with other local cities. The Committee and staff reviewed Figure 2, Utility Revenue Summary, which shows the wealth of contributions of the SDCs to the overall rates of the different utilities. Chairman Wagner asked for the contributions of the SDCs to the capital expenditure funds. The Committee and staff reviewed Table 3, Auburn single family residence fee summary. Utilities Engineer Repp distributed an updated scope of work for the consultant which includes an optional task to look at Braunwood’s cost of service to see if rates support actual costs. Chairman Wagner and Utilities Engineer Repp spoke about the possibility of returning the ownership of Braunwood to the property owners. Utilities Engineer Repp stated that staff will return with the capital SDCs for the Committee to review. Utilities Engineer Repp responded to a question asked by Chairman Wagner regarding replacement projects. Chairman Wagner distributed copies of the City of Auburn 1998 Recommended Cost of Service Rates Compared with Existing Rate Structure. Chairman Wagner asked for staff and the consultant to produce similar types of out put in the current Cost of Service study. The Committee and staff reviewed the handout and Chairman Page 13 of 15 PW.1 Page 29 of 89 Wagner made his suggestions to staff. F. Red Right Turn Arrow and Left Turn Flashing Yellow Arrow Recommendations (Para) Transportation Manager Para stated that staff has researched posting signs, at the Committee’s request, with respect to the flashing yellow left turn arrow operation and the red right turn arrows. Para stated that there are seven total intersections with red right arrows in the City, in response to a question asked by Chairman Wagner regarding how many signs would need to be posted. Chairman Wagner stated that he supported the installation of the “Right on Red Arrow After Stop” signage, as depicted in the example provided by Transportation Manager Para. Transportation Manager Para explained that research reports and the MUTCD do not recommend the installation of signs with the flashing yellow arrows. Para said that staff supports that recommendation. Para stated that studies have shown that there is less driver confusion with the flashing yellow arrow signal intersection than the intersections with the “Left Turn Yield on Green” signals with signage. The Committee and Transportation Manager Para discussed the timing of the flashing yellow arrow signal. Transportation Manager Para noted that the flashing yellow arrow signals are included in the new driver’s manual and is part of driver’s training. Chairman Wagner asked what type of public education for the flashing yellow arrow signals is being recommended by staff. Transportation Manager Para said that public notices posted on the City’s website, a full page ad in the Auburn Reporter and other media outlets could be used for education. Vice-Chair Peloza recommended public channel 21 and Member Osborne suggested public channel 22. Chairman Wagner said he is expecting a lot of education be provided by staff. The Committee supported the installation of the WSDOT standard sign for red right turn arrows and staff’s suggestion to implement extensive public information and education campaigns with subsequent flashing yellow arrow projects. G. Capital Project Status Report (Gaub) Item 8 – CP0817 – 2009 Sewer & Storm Pump Station Replacement Phase C, White River: Assistant City Engineer Gaub stated that staff is Page 14 of 15 PW.1 Page 30 of 89 working on an issue related to alarm calibration with the contractor but the station is running and operational. Item 19 – CP1118 – Auburn Way South Pedestrian Improvements – Dogwood to Fir: Assistant City Engineer Gaub commented that the Committee will be reviewing the project when staff asks for permission to advertise late this spring. Chairman Wagner pointed out that the CPS total covers multiple years and asked for a spending rate. Assistant City Engineer Gaub noted that the spending rate may vary year to year due to major construction projects such as M Street and A Street in the last couple years. H. Action Tracking Matrix (Dowdy) Member Osborne asked that the staff report on the timing for the flashing yellow signal be added to the matrix. Utilities Engineer Repp stated that he will update the matrix for the timeline for the SDCs and Cost of Service analyses. Item G and Item L can be removed. The 2012 completed projects map was provided for Item B and will be hung in the Council work area as requested by Chairman Wagner. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 6:22 p.m. Approved this 4th day of February, 2013. ____________________________ _______________________________ Rich Wagner, Chair Jennifer Cusmir, Department Secretary Page 15 of 15 PW.1 Page 31 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: January 22, 2013 Minutes Date: January 30, 2013 Department: Finance Attachments: Minutes Budget Impact: $0 Administrative Recommendation: For information only. Background Summary: Reviewed by Council Committees: Finance Councilmember:Partridge Staff: Meeting Date:February 4, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 32 of 89 Finance Committee January 22, 2013 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn. A. Roll Call Chair John Partridge, Vice Chair Largo Wales, and Member John Holman were present. City officials and staff members present included: Mayor Peter B. Lewis, Public Works Director Dennis Dowdy, Traffic Engineer Pablo Para, Assistant City Engineer Ingrid Gaub, Economic Development Manager Doug Lein, City Attorney Daniel B. Heid, and Deputy City Clerk Shawn Campbell. Also present was Scot Pondelick. B. Announcements There was no announcement. C. Agenda Modifications An updated version of Resolution 4898 was provided to the Committee prior to the meeting. II. CONSENT AGENDA A. January 7, 2013 meeting minutes Member Holman moved and Vice Chair Wales seconded to approve the January 7, 2013 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. 2012 Claims Vouchers (Coleman) 2012 claims check numbers 419623 through 419627 and check numbers 419631 through 419897 in the amount of $3,100,269.50 and dated January 22, 2013. Committee members reviewed the claims and payroll vouchers and briefly discussed claims vouchers 419843, 419851, 419863, and 2013 voucher 419976. Page 1 of 5 FN.1 Page 33 of 89 Vice Chair Wales moved and Member Holman seconded to approve the 2012 and 2013 claims vouchers and payroll vouchers as presented. MOTION CARRIED UNANIMOUSLY. 3-0 C. 2013 Claims Vouchers (Coleman) 2013 claims check numbers 419628 through 419630 and check numbers 419898 through 419990 in the amount of $2,839,403.97 and dated January 22, 2013. Please see 2012 claims vouchers above for action on 2013 claims vouchers. D. Payroll Vouchers (Coleman) Payroll check numbers 533533 through 533571 in the amount of $846,539.14 and electronic deposit transmissions in the amount of $1,164,477.43 for a grand total of $2,011,016.57. See 2012 claims vouchers above for approval of payroll vouchers. III. DISCUSSION ITEMS A. November 2012 Financial Report (Coleman) Director Coleman stated the City is on target with budget projections for both income and expenses. The building and planning fees are out pacing projections, sales tax will hold through December. She noted that through August sales tax was down 2.4% over the prior year, the remainder of the 2012 sales tax increased 1.14% over 2011. Director Coleman said the expenses are tracking according to budget. She noted the report is missing the November and December SCORE invoices. The City will end the year with approximately $3,600,000 in actual expenses for SCORE. During the 2011 midterm correction the SCORE budget was increased by $700,000 to allow a contribution by member cities if required. Those funds will be rolled into the next budget. The City is going to use funds from a capital bond to pay down a portion of the principal on the SCORE facility. Chair Partridge stated approximately half of the increase in revenue is from building permits and development services. Vice Chair Wales asked if the City is developing a plan for the Golf Course similar to the plans developed for SCORE and the Page 2 of 5 FN.1 Page 34 of 89 Cemetery. Mayor Lewis stated the department is in the process of developing a plan for the Golf Course and will present it to the Council in the near future. Director Coleman noted there was an error in the report for rounds in 2012. The number of rounds is down in 2012 but revenue was up due to an increase of green fees. Chair Partridge thanked Director Coleman for the addition of the new graphs. He asked if the funds transferred in to the Cemetery Fund will show as a positive number. Director Coleman stated the funds transferred in March of 2012 were an operating transfer so the Cemetery Fund would not be negative. The other transfer was for a Capital Project. Mayor Lewis stated the purpose of the fund transfer was to stabilize the Cemetery fund and it is not a loan. Chair Partridge asked if the City will need to transfer additional funds to the Cemetery in the future. Director Coleman stated the 2013-2014 budget has $320,000 available to transfer into the Cemetery fund if needed. Vice Chair Wales stated the plan of the Finance Committee is to continue promoting growth and looking at the best options to be fiscally responsible. Member Holman asked for clarification on the Storm and Sewer Enterprise Funds. Director Coleman stated the cost to operate the system and the depreciation and amortization comprise the operating loss. With the rate increase the City is expecting the Sewer Fund to become positive by 2014. Mayor Lewis noted at the end of 2014 the City reserves will be at the State minimum of 8%. Chair Partridge stated when the 2012- 2013 budget was adopted the City expected to use $10,500,000 of reserve funds instead the City ended with revenue exceeding expenses by $1,500,000. Mayor Lewis stated the City uses a very conservative model for revenue planning. He also noted the City historically has unplanned expenses during each budget cycle. and the new 2013-2014 budget is designed to draw reserves down to the 8% minimum, level even with normal planning. B. 2013 Utility System Revenue Bond (Coleman) Director Coleman shared the staff working schedule for the 2013 Utility Revenue Bond. The proposal will be brought to committee meetings on February 4, 2013 and return back for full Council consideration on February 19, 2013. The City will sell bonds starting February 28, 2013 and funds will be available two weeks later. A portion of the revenue is required to fund a reserve account. A list of proposed projects with expenses was provided to the Committee. The Water and Stormwater funds are the only funds that will have bond funded capital projects. Vice Chair Wales asked why the railroad crossing requires City funded utility improvements. Director Dowdy stated the City is required to install the conduit to protect the City lines Page 3 of 5 FN.1 Page 35 of 89 and utilities. C. Ordinance No. 6446 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the local sales and use tax rate for local revitalization financing for 2012 Director Coleman stated Ordinance No. 6446 authorizes a credit against the revitalization area. The funds have been promised but require the City to pass an ordinance annually to request them. Member Holman asked if the State has the authority to withhold funds from the City. Attorney Heid said the State Constitution prohibits the Legislature from impacting bonded or contracted indemnities, and the State is not able to withhold this type of revenue. D. Resolution No. 4894 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn to impose a sales and use tax as authorized by RCW 82.14.415 as a credit against state sales and use tax, relating to annexations Director Coleman stated there is no bonded debt associated with the funds. The funds are for operation and maintenance of the Lea Hill area. The City cannot utilize the funds for capital. The City must also provide a report stating the revenue and expenses for the prior year. The funds are not protected by State Constitution. Vice Chair Wales clarified these funds are to mitigate a portion of the expenses the City incurs when annexing an area. Mayor Lewis stated the State is considering not providing this type of funds to jurisdictions. Director Coleman stated if the revenue for the area exceeds expenses the City will not be eligible for the funds. E. Resolution No. 4898 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement with King County for the purpose of providing road services Traffic Engineer Para stated the City has entered into similar interlocal agreements with King County for several years. The agreement allows for the City to request each task individually and the agreement will renew annually. The 2013 budget has allocated $200,000 for pavement marking, $5,000 bridge inspections, $50,000 bridge maintenance and repairs, and the Storm Utility maintenance. The City has attempted to contract out the storm pond maintenance by public bid, but received no responsive bidders. Page 4 of 5 FN.1 Page 36 of 89 Vice Chair Wales clarified the City has similar agreements with both King and Pierce County. Chair Partridge stated the two county agreements appear to be complementary. F. Resolution No. 4899 (Lein) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute administrative procedures as needed on behalf of the City to accept a State grant in the amount of $12,500.00 from the Department of Commerce to fund administrative activities within the Urban Center for Innovation Partnerships, Innovation Partnership Zone (IPZ #15) Economic Development Manager Lein stated the City has received an administrative grant from Washington State Department of Commerce for the Innovation Partnership Zone (IPZ). The grant has no project or matching fund requirements. The City of Auburn is the only City that is in an IPZ and only four IPZ's received grants. IV. ADJOURNMENT There being no further business, the meeting adjourned at 6:32 p.m. APPROVED this 4th day of February, 2013. _________________________ ______________________________ John Partridge, Chair Shawn Campbell, Deputy City Clerk Page 5 of 5 FN.1 Page 37 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the January 22, 2013 Regular Meeting Date: January 30, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: City Council approve the minutes of the January 22, 2013 regular meeting. Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:February 4, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 38 of 89 City Council Meeting January 22, 2013 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the Auburn City Hall Council Chambers, located at 25 West Main Street, and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Wayne Osborne, Largo Wales, and John Holman. Department directors and staff members present: Police Commander Scott Near, Parks, Arts and Recreation Director Daryl Faber, Economic Development Manager Doug Lein, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, City Attorney Dan Heid and Deputy City Clerk Shawn Campbell. C. Announcements, Appointments, and Presentations 1. Proclamation - Pride & Prejudice Month Mayor Lewis to recognize January 28, 2013 as the 200th anniversary of the publication of the classic novel Pride and Prejudice by Jane Austen. Mayor Lewis read and presented a proclamation declaring January 28, 2013 as Pride and Prejudice Day in the city of Auburn. Steven Bailey, Library Services Manager of the King County Library System, thanked Council and Mayor for their support of the events at the King County Library. He shared the upcoming events and activities planned for Jane Austen's Pride and Prejudice anniversary celebration. D. Agenda Modifications An updated version of Resolution No. 4898 was presented to Council. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. No one from the audience addressed the Council. Page 1 of 7 CA.A Page 39 of 89 C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Councilmember Peloza reported the Municipal Services Committee met on January 14, 2013. The Committee welcomed Member Partridge to the Committee. The Committee discussed median design and maintenance standards, Ordinance No. 6448 regarding acceptance of gifts and donations, and received a presentation from Police Records Manager James relating to responsibilities and duties of the records officers. Councilmember Peloza encouraged citizens to participate in the upcoming Citizens Academy starting March 6, 2013. The next regular meeting of the Municipal Services Committee is scheduled for Monday, January 28, 2013 at 3:30 p.m. B. Planning & Community Development Chair Backus reported that the Planning and Community Development Committee met on January 14, 2013. The Committee welcomed Member Wales to her first meeting. The Committee discussed options for a metropolitan park district, an interlocal agreement with King County for the Reddington Levee Setback and Extension Project, and options regarding the temporary off- premises real estate signs. The next regular meeting of the Planning and Community Development Committee is scheduled for Monday, January 28, 2013 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon. The Committee reviewed Public Works Project No. CP1207 regarding D Street NE Utility Improvements, Public Works Project No. CP1116 for Downtown Pedestrian Lighting Replacement, and Public Works Project No. EM0902 for Temporary Flood Control Barrier Removal. The Committee also forwarded to Council for approval Resolution No. 4898 approving an Interlocal Agreement with King County for road services. The Committee discussed a water leak policy, high water consumption, 2013 Utility Revenue Bond, Interlocal Agreement for King County's Reddington Levee Setback and Extension Project, utility system development charges, and education and clarification on the right turn arrow traffic lights. The next regular meeting of the Public Works Committee is scheduled for Monday, February 4, 2013 at 3:30 p.m. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed 2012 claims vouchers in the approximate amount of $3.1 million and approximately $2.8 million in 2013 claims vouchers. The Committee also reviewed payroll vouchers in the amount of $2 million. Additionally, the Committee reviewed the November 2012 financial report, 2013 Utility Revenue Bond , Ordinance No. 6446 establishing the Local Sales and Use Tax rate for Local Revitalization Financing for 2013, Resolution No. 4894 establishing a credit against state sales and use tax relating to the Lea Hill annexation, Resolution No. 4898 approving an Interlocal Agreement with King County for road services, and Resolution No. 4899 accepting a grant for the Innovation Page 2 of 7 CA.A Page 40 of 89 Partnership Zone. The next regular meeting of the Finance Committee is scheduled for February 4, 2013 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Campus Committee did not meet. The next regular meeting of the Les Gove Community Campus Committee is scheduled for February 6, 2013 at 5:00 p.m. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for Monday, February 4, 2013 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the January 7, 2013 Meeting B. 2012 Claims Vouchers (Partridge/Coleman) 2012 Claims check numbers 419623 through 419627 and check numbers 419631 through 419897 in the amount of $3,100,269.50 and dated January 22, 2013. C. 2013 Claims Vouchers (Partridge/Coleman) 2013 claims check numbers 419628 through 419630 and 419898 through 419990 in the amount of $2,839,403.97 and dated January 22, 2013. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533533 through 533571 in the amount of $846,539.14 and electronic deposit transmissions in the amount of $1,164,477.43 for a grand total of $2,011,016.57. E. Public Works Project No. EM0902 (Wagner/Dowdy) 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 F. Public Works Project No. CP1116 (Wagner/Dowdy) 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 Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda consists of claims and payroll vouchers and public works projects. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS Page 3 of 7 CA.A Page 41 of 89 There was no new business. VII. ORDINANCES A. Ordinance No. 6441 (Backus/Heid) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.07 of the Auburn City Code relating to the Auburn Junior City Council Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Ordinance No. 6441. Deputy Mayor Backus stated the Junior City Council will be comprised of one member from each high school and middle school. Mayor Lewis thanked Council and staff for their efforts on the Junior City Council. MOTION CARRIED UNANIMOUSLY. 7-0 B. Ordinance No. 6448 (Partridge/Heid) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.87 of the Auburn City Code relating to the acceptance of gifts and donations to the City Councilmember Partridge moved and Councilmember Wales seconded to adopt Ordinance No. 6448. Councilmember Partridge explained the current law states all donations and gifts must be accepted by ordinance. The ordinance provides blanket approval for any donations and gifts. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 4886 (Peloza/Faber) A Resolution of the City Council of the City of Auburn, Washington, amending the City of Auburn Fee Schedule relating to fees charged by the cemetery Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4886. Councilmember Peloza stated Resolution No. 4886 is related to the cemetery fee schedule. Staff continues implementing business practices to assist the financial health of the Cemetery. The resolution will increase the fees for graves, niches and crypts by 10%. This will realize an annual increase in revenue to the Cemetery of $30,000. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 4898 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Interlocal Agreement with King County for the Purpose of Providing Road Services Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4898. Page 4 of 7 CA.A Page 42 of 89 Councilmember Wagner stated the resolution will provide services for street striping, bridge inspection and maintenance and storm water pond cleaning by King County. Each of these tasks take special skills and equipment that King County can provide. MOTION CARRIED UNANIMOUSLY. 7-0 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported she attended the Senior Center coffee hour where the seniors complimented the City on the Christmas decor and discussed photo enforcement, downtown parking and the shuttle from the transit center. The seniors also requested information on converting septic systems to the sanitary sewer systems. Deputy Mayor Backus also met with the organizer of the Tanoa Bowl and attended the Valley Regional Fire Authority Board of Governance meeting and County Councilmember von Reichbauer's Good Eggs Breakfast with speaker Marty Brown, who is on the state policy board for community colleges. Deputy Mayor Backus also attended the Auburn Valley Humane Society open house. Councilmember Wagner reported he attended the Auburn Valley Humane Society open house and County Councilmember von Reichbauer's Good Eggs Breakfast. Councilmember Wales reported she attended a performance of the Auburn Symphony, the Miss Auburn and Miss Teen academic portion of the competition, the King County Board of Health meeting where the Affordable Care Act, gun violence and mental health services were discussed. The Board of Health is working with several pharmaceutical manufacturers to help with disposal costs for prescription medications. Councilmember Holman reported he attended the Law Enforcement Officers and Fire Fighters (LEOFF) Board meeting, a reception for South County elected officials, a celebration for Korean/American Day where they recognized the contributions of Americans with Korean ancestry to the region, County Councilmember von Reichbauer's Good Eggs Breakfast at Café Pacific, the Puget Sound Regional Council Growth Management Board, and the South Sound Cities Caucus where members are reviewing the Puget Sound Regional Report for 2040. Councilmember Peloza reported he attended the Regional Water Quality Committee meeting where members approved the consent decree to the King County Council to obligate King County to implement the long term Combined Sewer Overflow Control Plan, the Sound Cities Association Public Issues Committee where they discussed the Public Records Act, the King County Solid Waste Advisory Committee meeting, the South King County Area Transportation Board meeting, the Water Resource Inventory Area (WRIA) 9 Committee meeting, a Watershed Eco System forum, a planning meeting for the Auburn International Farmers Market, a Chamber luncheon for elected Page 5 of 7 CA.A Page 43 of 89 officials, County Councilmember von Reichbauer's Good Eggs Breakfast, and the Auburn Valley Humane Society open house. Councilmember Osborne reported he attended the Chamber luncheon, County Councilmember von Reichbauer's Good Eggs Breakfast, the Auburn Valley Humane Society open house, and the Regional Transit Committee meeting. Councilmember Partridge reported he attended the Auburn Valley Humane Society open house. B. From the Mayor Mayor Lewis announced he has made commercials regarding the abuse of prescription drugs and the proper disposal of those drugs. Mayor Lewis also reported he attended the KOA-TV meeting where he discussed working together to have the delegates from the City's Sister City interviewed by the Korean television station. Mayor Lewis reported he attended the Conference of Mayors in Washington, D.C. Mayor Lewis stated that combined economists from across the country expect next year's growth to be 1.3%. The economists are expecting the recovery to begin in 2014. Mayor Lewis also noted the federal government is looking at legislation to require the installation of fiber anytime a road is opened. The City of Auburn has had this regulation for many years. While at the Mayor's Conference, Mayor Lewis met with the Veterans Affairs Committee and Mayor Nutter and MC Hammer regarding youth education. X. EXECUTIVE SESSION At 8:41 p.m. Mayor Lewis recessed the meeting for a five minute intermission and then to executive session for approximately fifteen minutes in order to discuss pending/potential litigation per RCW 42.30.110(1)(i). City Attorney Dan Heid, Finance Director Shelley Coleman and Public Works Director Dowdy were required for the executive session. At 9:06 p.m., Mayor Lewis reconvened the regular meeting. Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4902. Councilmember Wagner stated the resolution approves an agreement with the Muckleshoot Indian Tribe to provide municipal utility services on trust land, replacing and superseding the original agreement previously approved by Resolution No. 4883. MOTION CARRIED UNANIMOUSLY. 7-0 XI. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:08 p.m. APPROVED this 4th day of February, 2013. Page 6 of 7 CA.A Page 44 of 89 ________________________________ ________________________________ Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk Page 7 of 7 CA.A Page 45 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: 2012 Claims Vouchers Date: January 30, 2013 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: 2012 claims check numbers 419991 through 420104 in the amount of $1,140,982.89 and dated February 4, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:February 4, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 46 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: 2013 Claims Vouchers Date: January 30, 2013 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: 2013 claims check numbers 420105 through 420354 in the amount of $1,020,319.21 and two wire transfers in the amount of $5,920.69 and dated February 4, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:February 4, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 47 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: January 30, 2013 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the payroll vouchers. Background Summary: Payroll check numbers 533572 through 533601 in the amount of $263,434.11 and electronic deposit transmissions in the amount of $1,204,471.05 for a grand total of $1,467,905.16. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:February 4, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 48 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0616 Date: January 23, 2013 Department: Public Works Attachments: Budget Status Sheet Bid Tab Kiosk Conceptual Design Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award Contract No. 12-21 to West Coast Signal on their low bid of $79,427.00 for Project No. CP0616 Downtown Pedestrian Kiosks. Background Summary: This project included the design of pedestrian kiosks to be installed at up to nine locations within the Downtown area and then construction of as many as the budget would allow. The kiosks will enhance the pedestrian experience in Downtown Auburn. At this time the project will construct 3 pedestrian kiosks as indicated on the attached map. Construction is anticipated to begin in March 2013 and be completed by May 2013. The construction bids received exceeded the engineer's estimate due to the specialty nature of the work involved in fabricating the kiosks. Awarding the contract to the lowest responsive bidder is justified as there was adequate competition for the project and type of work involved. A project budget contingency of $0.00 remains in the 330 Local Revitalization (LR) Fund). Reviewed by Council Committees: Planning And Community Development Councilmember:Backus Staff:Dowdy Meeting Date:February 4, 2013 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 49 of 89 Project No: CP0616 Project Title: Project Manager: Ryan L Vondrak Project Update Initiation Date: January 16, 2012 Permision to Advertise Advertisement Date: December 20, 2012 Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 2011 2012 2013 Total 330 Local Revitalization Funds 3,557 38,316 48,627 90,500 Corridor Enhancement Federal Grant 59,975 59,975 Total 0 3,557 38,316 108,602 150,475 Activity Prior Years 2011 2012 2013 Total Design Engineering - City Costs 3,557 13,243 2,500 19,299 Design Engineering - Consultant Costs 25,073 25,073 Construction Contract Bid 79,427 79,427 Authorized Contingency (10%)7,942 7,942 Construction Engineering - City Costs 12,186 12,186 Construction Engineering - Consultant Costs 6,547 6,547 Total 0 3,557 38,316 108,602 150,475 Prior Years 2011 2012 2013 Total *330 Funds Budgeted ( )0 (3,557)(38,316)(48,627)(90,500) 330 Funds Needed 0 3,557 38,316 48,627 90,500 *330 Fund Project Contingency ( )0 0 0 (0)(0) 330 Funds Required 0 0 0 0 0 Prior Years 2011 2012 2013 Total *330 Funds Budgeted ( )0 0 0 (59,975)(59,975) 330 Funds Needed 0 0 0 59,975 59,975 *330 Fund Project Contingency ( )0 0 0 0 0 330 Funds Required 0 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. BUDGET STATUS SHEET Downtown Pedestrian Kiosks Date: January 18, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Corridor Enhancement Federal Grant 330 Local Revitalization Funds Budget Status H:\PROJ\CP0616 - Pedestrian Kiosks\Budget\Pedestrian Kiosks - BudgetStatusSheet.xls 1 of 1CA.E Page 50 of 89 BID TABULATION BID TOTALS $UMAAARY Project Name: CP0818, Downtown Pedestrian Kiosics,CoMract 12-21 Prepared by: City of Aubum Bid Date: 1110N3 ENf3INEER u EST/MATE: S 88,860.00 AVERAGE BASIC BID AMOUNT S 90,097.54 BASIC BID SpREAD AMOUNT 25;823.00 Bask BIO Amount 3pread$ Spread% LOW BIDDER T.Miller CorreUUCtbn 3 79,427.00 E21,877.00 38.77% Seoond Bidder. West Coast Signal S 82,690.00 E26.040.00 45.80' Total BID(No Taz Appllcable) T Mdler Conatrudion Claimed Error wese coas s nai a spz.ao Westem Englneering Conshuctors, I c. S 82;880.OD MVG, LLC S' 88,100.00 Pdme Development Group 83,820.71 Westweter ConsWction,Ina 5 10b;80A0 i Il18l2013(10:20 AM) h:lproj bidtabs CF06lb Kiosks.xla CA.E Page 51 of 89 IN F O R M A T I O N Auburn WASHINGTON CITY OF IN F O R M A T I O N CITY HALL HOSPITAL POST OFFICE DOWNTOWN Auburn WASHINGTON CITY OF CITY HALL JUSTICE CENTER HISTORIC MAIN ST DOWNTOWN 2’-6” 7’ - 0 ” 8” 22” 32 ” removable door panel for maintenance access “off the shelf” hidden hinge poster display light box with 3” frame, set flush with kiosk surface, vandal resistant lock and frame, powder coated by DSA/Phototech or approved equal HOSPITAL SHOPPING TRANSIT ROUTE CITY BUILDINGS PARKS BANKS LIBRARY CITY BUILDINGS 18” 28 ” replaceable downtown map/ legend on rigid adhesive backlit vinyl film set at ADA compliant height adhesive vinyl city logo weatherproof extruded aluminum frame and construction 3 foundation options (not shown to scale): standard footing• off-set footing• spread footing• changeable adhesive vinyl for directional wayfinding for destinations (places/areas/ districts) aluminum letter plates LEFT SIDE RIGHT SIDE LEFT SIDE RIGHT SIDE PROPOSED DOWNTOWN AUBURN WAYFINDING KIOSK CONCEPTUAL DRAFT 02.03.2011 aluminum letter plates CA.E Page 52 of 89 PROPOSED DOWNTOWN AUBURN WAYFINDING KIOSK LOCATIONS CONCEPTUAL DRAFT 02.03.2011 NORTH pedestrian wayfinding kiosk located 4.90’ from edge of roadway at STA 63+40.05 chambermaxx system fiber optic line (2’ below finish grade) pedestrian wayfinding kiosk located 5.28’ from edge of roadway at STA 52+64.07 W MAIN ST N D I V I S I O N S T 1ST ST SW S D I V I S I O N S T CA.E Page 53 of 89 r it. t,. . 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Cl:'I Jl r r —' i Ir, r_;„ r.ai!.=; y 'i`' l'-' . i 1I,: ' a1f, !I/i 'w -' r=. - ...,,J - ii 1 e 'L: /I I II 11„I js fli.i7 ll:: , F I(_ 1 i '"I I I I' % .L.-T-..-t ,:-y-i I!,:T•I!,IIIIIII . _ i .- RL.7 i1!1 r "i ., !,r i _. l*:i1111„ I i.I g'11 L J,'rJL.7 t. • • n l Ila I _ F, r:f e .', —. i .. i .i . `u i i M zlL,' :,i, I: j :._, =-:,,,.:.Y:I• -'1 :1 :. = . _ .-- ., II' I`1 , Lri ii y, 1 i . n. a1.-i ti+=' e1-. VII.. I . r i I i r/ I hu sx n _ . I,i . ! i o.l irw++rW i i• C O1\• r 1 r rjM, I •a I. F II ,.iil• I- • r.. i' 1 Cr-- 11V il 11, i i ; [`ll+Fi[i i y CA.E Page 54 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1112 Date: January 29, 2013 Department: Public Works Attachments: Budget Status Sheet Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate No. 4 to Contract No. 12-09 in the amount of $10,764.69 and accept construction of Project No. CP1112, 2011/2012 Sidewalk Repair Project. Background Summary: This project repaired damaged sidewalk on approximately 3 miles of streets throughout the City (see attached map) with an emphasis on fixing potential tripping hazards. This was mainly accomplished by removing and replacing damage concrete sidewalk panels. Project areas were selected based on the severity of the damaged sidewalk in the area and citizen complaints. A project budget contingency of $74,289 remains in the 328 (Capital Improvement) Fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:February 4, 2013 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 55 of 89 Project No: CP1112Project Title: Project Manager: Seth Wickstrom Initiation/Consultant Agreement Initiation Date: _May 16, 2011________ Permission to Advertise Advertisement Date: _July 12, 2012___ Contract Award Award Date: _August 6, 2012_______ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 2013 Total 328 Fund - Capital Improvement Fund 235,000235,000 Funds Budgeted (Funds Available) BUDGET STATUS SHEET 2011/2012 Sidewalk Repair Project Date: January 28, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Total 00235,0000235,000 Activity Prior Years 20112012 2013 Total *Design Engineering - City Costs 7690769 Construction Contract Bid 148,61141,239189,850 Line Item Changes 0 (29,908)(29,908) *Construction Engineering - City Costs 000 Total 00149,38011,331160,711 * City staff costs are charged against the Engineering Budget and not the Project Budget, and are not shown here. Prior Years 20112012 2013 Total **328 Funds Budgeted ( )00(235,000)0(235,000) 328 Funds Needed 00149,38011,331160,711 **328 Fund Project Contingency ( )00(85,620)0(74,289) 328 Funds Required 00011,3310 ** ( # ) in the Budget Status Sections indicates Money the City has available. Estimated Cost (Funds Needed) 328 Capital Improvement Budget Status CA.F Page 56 of 89 h F• h'1 dll •L •..IL ,. .-.Ill \ • f c n: 7 1::1s x'-x E r:7i. ^ u.,: 0 rr r, E i..]p r;ra.rrs m... r, tiL'i x. r Qlfi`ti6i uo_Ir. . i i P.•. 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L 1i:i l.j i_. . r• CA.F Page 57 of 89 CO.N0.1208 CITY OF AUBURN CP/112,Ccrqiwae9aewakaapebPROJECrsuMMartr e 8 Ik h PAY E8i1MATE 04 S flNAL Origlnal Conhact Contrad Chartge Amount Orders Tmel Paymm,t Thb Perlod PSCHEOULEA36eetImprovamenlo Contraa S 189.850.00 S S t59,942.48 S 17,331.25 84%NO TAX RetaMage(-596) 7.997.72) S 6BB.fi SCHEDULHTOTAL $ 189,880.00 $ 151,845.37 S 10,784.69 TOTAL CONTRACT AMOUNT TO OATE 159,842.49TOTALPAYdIENTTOCONTRACY'OR 151,945.37 S 10,784.89 PAYAAENT pUE COpITRACTOR: 10,784.89 Herioe oaaea Bepin: Oq 21,Y012 End: Nov 20.2012 hJproJlpeVCP11/2 PE.ab 2 d 3 1/22/2013 At 4:09 PMCA.F Page 58 of 89 CITY OF AUBURN CO. N0. 12-09 CP1112 PAY ES?1WIATE 4 8 FlNAL CONTRACTOR: Glo6el Contractora, LLC 8705 Canyon Road East, Suite A Puyaltup,WA 98371 Phone: (208)288-1234 The underaignetl has reviewed arcd apprrnred this final pay estirnate. i agree that ft is a We end carect ststementshowingaumonlesduemefromtheCiqrofAubumunderthiscontreckthatihavecarefuUyexeminedfhefmalpay estimateesWnateanduncleratarbRaiWthatIherebyreleasetlieCiryofAubumftomanyandaIlGaimsofwhatsoevernaturewhichImaYhave,a ieing aut of thls cantract,whlch are nol set forfh in Ihis estimate. PAYMENT DUE TO CONTRACTOR= E 10,784.89 Signatures: ContreCtor Date '- i Inspechx 2 g/ P'" —'ab— Date I - 2 q-13 City Engineer I, n:Wrol+oe z a ae 9 a vuao s m as wa I CA.F Page 59 of 89 CA.F Page 60 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: 22nd Street High Consumption Date: January 29, 2013 Department: Finance Attachments: Memo Customer Consumption Chart 22nd St Map Meter Test Results Budget Impact: $0 Administrative Recommendation: Council to 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: Finance, Public Works Councilmember:Wagner Staff:Coleman/Dowdy Meeting Date:February 4, 2013 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Page 61 of 89 AUBURN * MORE THAN YOU IMAGINEDCA.G Page 62 of 89 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 CA.G Page 63 of 89 9 51 8 5 13 3 0 / Ch st o p 20 30 10 33 9 14 22 n d S t S E - C o n s u m p t i o n Pr o j e c t  Da t e  Ra n g e :    7/ 2 0 1 2  th r o u g h  11 / 2 0 1 2 Co n s u m p t i o n Ac c o u n t  # Ad d r e s s /  Na m e 2 Mo n t h   Re a d 2 Mo n t h   Re a d 1. 5  Mo n t h Re a d   Ne w  me t e r   in s t a l l e d 9/ 1 1 / 2 0 1 2 1 1 / 1 3 / 2 0 1 2 1 2 / 3 1 / 2 0 12 1 / 1 5 / 1 3                  (1 5  da y s ) 69 9 7 4 14 3 5  /A c o s t a ‐  Jo n e s 38 92 19 6 51 8 5 13 3 0  / Ch r i s t o p h e r s o n 30 33 11 3 51 6 5 13 1 5  / Ha r d i n g 14 87 53 3 Ac c o u n t  # Ad d r e s s /  Na m e Co n s u m p t i o n  Co m p a r i s o n  fr o m  pr e v i o u s  ye a r 9/ 2 0 1 1 9/ 2 0 1 2 11 / 2 0 11 11 / 2 0 1 2 1/ 2 0 12 1 / 2 0 1 3 69 9 7 4 14 3 5  /A c o s t a ‐  Jo n e s 11 38 13 92 10 25 51 8 5 13 3 0 / Ch r i s t o p h e r s o n     ri her s o n 20 30 10 33 14 51 6 5 13 1 5  / Ha r d i n g 18 14 16 87 16 56 Ca l c u l a t e d  Ad j u s t m e n t s Ac c o u n t  # Na m e Ad j u s t e d   Am o u n t 69 9 7 4 14 3 5  /A c o s t a ‐  Jo n e s 28 6 . 7 4 $      51 8 5 13 3 0  / Ch r i s t o p h e r s o n 75 . 2 3 $            51 6 5 13 1 5  / Ha r d i n g 31 8 . 0 8 $      To t a l  Am o u n t  of  Ad j u s t m e n t s 68 0 . 0 5 $      CA.G Page 64 of 89 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 CA.G Page 65 of 89 i i 1 s i c onar ame r Da 1 - - 13 cldcft s I'-I 'S Sc–_— cdy / .-. state Meter Size s/s Adadei _ 't .2 c I fiake 13 a r,f 6ody C l U 1 L 6' P.. AC{:T.= TESFI S fQUND: TESTAFI'F_R REPAIRS: S c,an t i v s5 M S c nn o c 3a t na ss t v n l°i , 3 ss c nn ss 20 n„9 J. c ss c n G gb GFM GPM 9b G-PM Parls tartl Qd: EndR2Gd: siprIna Y t NoII t fg1L.l (7a " tirgt 4 c'3 Med l.ovr Carnm: o,J 4 s md By- eamtwec waws.n+ CA.G Page 66 of 89 QR7 a n_ C - ,b„r o 3 addrass 13 v 7_.""` s s cr A H,. srate a Metv-srzc x nit oaae#ss nnatre! Body (.°1 S S °t C. P.Li.s RtCT.= i 7E?,TRS FOUND: 7STAFPER REA9lR S GaM I G GFM loo . % O GPM Ioc I gs GPM 2J GPM I 1 SF— % CPM GPM GPM 45 gb GPM Par15: atl ead: LTtdRBGtL• Y NIOII 11_2 1 H (( Htah 2 `7 -/G S' Med Med Lc+at COTttAtEAts: J^ Te.9 dBY' I Cmim7 A9ASINWA WC84ttVG I i CA.G Page 67 of 89 a II f I i Ct stom t'1'aame ' u /4 K l-ti r.Da 3 14ddi 5 i z 2 2 ° SF SE ICy ubai..1Pln/a . M SfZe ,_MCdel F N2ke /d.+r R B,y /3 5 8So r 3 PA. ACCS.a FESfASFQ1IN 7fSTAFTSRkEPArli C UO S' . gb 6PM 96 C M /O J y g5 GPM 56 O GPM !00 % GPM f,ply /t 0- 45 M M q6 GPM gb 6PI i Par StartA'eutk ttd Read: ne.t,1o v 3 q7 5 3 v3 onea nn P 1 c N,„,. CA.G Page 68 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6446 Date: January 29, 2013 Department: Finance Attachments: Ordinance No. 6446 Budget Impact: $0 Administrative Recommendation: City Council adopt Ordinance No. 6446. Background Summary: Ordinance No. 6446 levies the .025% sales tax credit against the state sales tax for local revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature during the 2009 regular session. The intent of the legislation was to provide financial assistance to Cities to assist with financing public improvements in an identified revitalization area to promote community and economic development. The City first applied for the use of local revitalization financing on August 11, 2009 and the Department of Revenue approved the application on September 16, 2009 granting the project award of $250,000.00. The tax credit is available to the City for up to 25 years. 2013 will be the fourth year that the City has asked the State for the tax credit. Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Partridge Staff:Coleman Meeting Date:February 4, 2013 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 69 of 89 ORDINANCE NO. 6 4 4 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING THE LOCAL SALES AND USE TAX RATE FOR LOCAL REVITALIZATION FINANCING FOR 2013 WHEREAS, The City of Auburn ("City") enacted Ordinance 6301 on April 19, 2010, which estabiished a local sales and use tax as provided for in Section 39.14.510 of the Revised Code of Washington ("RCW); and, WHEREAS, this tax is imposed in order to pay the debt service on Local Revitalization Financing bonds in accordance with Chapter 39.14 RCW; and, WHEREAS, Chapter 39.14 RCW provides that the City shall, from fime to time, adjust the tax rate so that it is set at the rate reasonably necessary to receive the state contribution over 10 months, in accordance with RCW 82.14.510(3); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1 The sales and use tax rate established in Section 3.2 of Ordinance 6301 is hereby amended to .025% beginning July 1, 2013. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6446 January 23, 2013 Page 1 of 2ORD.A Page 70 of 89 Section 4 Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law INTRODUCED• PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST Danielle E. Daskam, Ciry Clerk AP f C VE O F D iel B. Heid, Ci Atto ey Published: Ordinance No. 6446 January 23, 2013 Page 2 of 2ORD.A Page 71 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4894 Date: January 29, 2013 Department: Finance Attachments: Resolution No. 4894 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4894. Background Summary: Resolution No. 4894 levies the .1% sales tax credit against the state sales tax for annexation of the Lea Hill Area. SB 6686 authorizing the tax credit was passed by the state legislature during the 2006 regular session. The intent of the legislation was to provide financial assistance to Cities with Planned Annexation Area (PAA's) that did not produce revenues sufficient to cover the costs of urban levels of services. The tax credit will provide funding, along with the other revenues of the area, to provide those services. The City moved forward with the annexation of Lea Hill based upon the availability of this tax credit. Cities wishing to take advantage of this tax credit incentive had to commence annexation prior to January 1, 2010. The City first applied for the tax credit in 2008. The tax credit is available to the city for up to 10 years and is limited to the maximum of .1% credit against the State tax. 2013 will be the sixth year that the City of Auburn has asked the State for the sales tax credit. The last year for the City to apply for this tax credit will be 2017. Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Partridge Staff:Coleman Meeting Date:February 4, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 72 of 89 RESOLUTION NO. 4 8 9 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUT`HORIZING THE CITY OF AUBURN TO IMPOSE A SALES AND USE TAX AS AUTHORIZED BY RCW 82.14 415 AS A CREDIT AGAINST STATE SALES AND USE TAX, RELATING TO ANNEXATIONS WHEREAS, this is not a new tax but a reallocation of the sales tax already collected by the state which will then be remitted to the City to assist with funding the costs of the newly annexed area; and WHEREAS, in accordance with Chapter 35A.14 RCW, on the 16" day of January, 2007 and on the 16"' day of April, 2007, the City Council of the City of Aubum, Washington, passed its Resolution Numbers 4138 and 4176 respectively, calling for special elections to be held in connection with the primary election on August 21, 2007, at which election the question of annexation was presented to the voters of the Lea Hill Annexation Area; and WHEREAS, the notice of intention to annex was filed with the King County Boundary Review Board and subsequently approved; and WHEREAS, in accordance with Chapter 35A.14 RCW the annexation was put to a vote of the people in the annexation area on August 21, 2007, and WHEREAS, the King County Records, Elections and Licensing Senrices Division, on September 5, 2007, certified that the referendum had been approved by the voters; and WHEREAS, following a favorable vote on the annexation proposition, the City Council of the City of Aubum, Washington, adopted its Ordinance No. Resolution No. 4894 January 14, 2013 Page 1 of 3RES.A Page 73 of 89 6121, on September 17, 2007, annexing said Lea Hiil Annexation Area, an annexation area that has a population of at least ten thousand people; and WHEREAS, the City Council of the City of Auburn, Washington, finds and determines that the projected cost of at least $5,770,515 to provide municipal services to the annexation area exceeds the projected general revenue estimated to be $5,248,286 that the City would otherwise receive from the annexation area on an annual basis; and WHEREAS, pursuant to RCW 82.14 415, the City is authorized, under the circumstances of this annexation, to impose a sales and use tax as authorized with that tax being a credit against the state tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Aubum City Council does hereby authorize the City's Finance Director to set the threshold for imposing the sales and use tax credit at Two Million Fifty Thousand Six Hundred and Eighty Five dollars 2,050,685)for the Lea Hill annexation area. Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this Resolution. Resolution No. 4894 January 14, 2013 Page 2 of 3RES.A Page 74 of 89 Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS DAY OF 2013. CITY OF AUBURN ATTEST PETER B. LEWIS, MAYOR Danielle E. Daskam, City Cle ic APP VED TO FORM: iel B. e , City Attorney Resolution No.4894 January 14, 2013 Page 3 of 3RES.A Page 75 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4899 Date: January 29, 2013 Department: Planning and Development Attachments: Resolution No. 4899 Grant Award Letter Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4899. Background Summary: The Auburn Urban Center for Innovative Partnerships (IPZ) - State IPZ #15 has received notification of a grant award to fund economic development activities designated to further cluster growth and to integrate sector-based and cluster-based strategies with its support for the development of innovation partnership zones. Resolution No. 4899, if approved, will authorize the Mayor to execute administrative procedures as needed on behalf of the city to accept a State grant in the amount of $12,500.00 from the Department of Commerce to further the mission of Auburn's IPZ. Resolution No. 4899 was reviewed by the Planning and Community Development Council Committee on January 14, 2013. The Committee recommend approval of the Resolution to the City Council. On January 22, 2013 the Finance Committee discussed Resolution No. 4899 and expressed its support for the Resolution. Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Backus Staff:Lein Meeting Date:February 4, 2013 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 76 of 89 RESOLUTION NO. 4 8 9 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE ADMINISTRATIVE PROCEDURES AS NEEDED ON BEHALF OF THE CITY TO ACCEPT A STATE GRANT IN THE AMOUNT OF $12,500.00 FROM THE DEPARTMENT OF COMMERCE TO FUND ADMINISTRATIVE ACTIVITIES WITHIN THE URBAN CENTER FOR INNOVATION PARTNERSHIPS, INNOVATION PARTNERSHIP ZONE (IPZ#15) WHEREAS, a purpose and goal of the Innovation Partnership Zone (IPZ) is to further the growth of business clusters and implement sector-based strategies to grow new products, markets and business; and WHEREAS, the opportunities exist to re-engineer, redevelop and improve efficient use of existing business properties and create vibrant business districts; and WHEREAS, the IPZ has been developed and approved by the Department of Commerce to be an administrative conduit between research, workforce development and local business; and WHEREAS, the IPZ has three (3) workforce development partners committed through Memorandums of Understanding to bring quality education senrices to our local industry clusters and assist in generating a quality workforce and new job opportunities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Aubum City Council authorizes the Mayor to execute administrative procedures as needed on behalf of the City of Auburn to accept a grant in the amount of $12,500.00 from the United States Department of Commerce to fund Resolution No. 4899 January 30, 2013 Page 1 of 2 RES.B Page 77 of 89 administrative activities within the City of Aubum Urban Center for Innovation Partnerships, Innovation Partnership Zone (IPZ #15). Section 2. Implementation. That the Mayor is authorized to implement such otFier administrative procedures or take such other action as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. 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 A'TTEST Danielle E. Daskam, City Clerk APP OVED AS TO FORM niel B. id, City Attorne Resolution No. 4899 January 30, 2013 Page 2 of 2 RES.B Page 78 of 89 Hello, Governor Gregoire and the 2011 Legislature appropriated $50,000 to the Department of Commerce to administer a competitive grant program to fund economic development activities designated to further regional cluster growth and to integrate sector-based and cluster-based strategies with its support for the development of innovation partnership zones. This funding was incorporated into the CERB Competitive Grant processes established in 2012. As an IPZ that competed for the CERB funding, you have been awarded $12,500 of the state IPZ grant funding. Congratulations. Your grant for fiscal year 2013 will end June 30, 2013. In the near future, you will receive a scope of work and budget template electronically. The budget template identifies eligible expenses such as personnel, contracted services, project- related expenses, and travel as well as ineligible expenses (capital expenses, machinery, hosting, lobbying, etc.). Please complete and return these templates to kathy.carlson@commerce.wa.gov. Once we receive the templates we will start to draw up the grant contract. We will email you a copy of the grant contract for signature. Once the contract is fully executed you will receive a copy for your records. Funds are available on a request for reimbursement basis. Request for reimbursement and progress reports will be sent to you electronically at the end of each month. We look forward to working with you and your staff on your IPZ economic development activities. Regards, --------------------- Leigh Felton Assistant Director, Business Services Division State of Washington | Department of Commerce 2001 Sixth Avenue, Suite 2600 |Seattle,WA 98121 (206) 256-6129 Office | (206) 578-2375 Cell | (206) 256-6158 Fax leigh.felton@commerce.wa.gov Email | www.choosewashington.com Website Angela Kanevski (206) 256-6138 angela.kanevski@commerce.wa.gov Our Mission: Grow and improve jobs in Washington State RES.B Page 79 of 89 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4903 Date: January 29, 2013 Department: Public Works Attachments: Resolution No. 4903 and agreement Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4903. Background Summary: Resolution No. 4903 authorizes the Mayor to accept a federal grant in the amount of $1,020,700 from the Puget Sound Regional Council, to be administered through the Washington State Department of Transportation, to finance the design, environmental permitting, and property acquisition phases of the S 277th St Corridor Capacity and Non- Motorized Trail Improvement project. The federal grant requires a 13.5% match from local funding sources, which will be contributed by the 102 Fund. The S 277th St Corridor Capacity and Non-Motorized Trail Improvement project consists of intersection improvements and major roadway widening on S 277th St from Auburn Way North to L Street NE. Project components include adding two new eastbound through lanes, one new west bound through lane, a Class I separated non motorized trail, street lighting improvements, storm drainage improvements, streetscape improvements, Intelligent Transportation System (ITS) improvements, intersection capacity and safety improvements, and auxiliary turn lanes at Auburn Way North, D Street NE, and the future I Street NE. Project length is approximately 3,300 feet. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:February 4, 2013 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 80 of 89 RESOLUTION NO. 4 9 0 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A FEDERAL GRANT TO BE ADMINISTERED THROUGH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE SOUTH 277T" STREET CORRIDOR CAPACITY AND NON-MOTORIZED TRAIL IMPROVEMENT PROJECT WHEREAS, the City desires to improve the safety, capacity, and efficiency of South 277th Street ("S. 277""); and WHEREAS, the need for corridor improvements on S. 277th Street corridor is recognized in Auburn's adopted Transportation Improvement Program; and WHEREAS, widening S. 277" Street from Auburn Way North to L Street NE, thereby completing the expansion of the oniy two lane segment on the street rridor between SR-99 and SR-18 will improve the safety, capacity, and efficiency of S. 277' Street; and WHEREAS, the City applied for, through the Puget Sound Regional Council PSRC), and was granted a federal grant to be administered by the Washington State Department of Transportation (WSDO' in the amount of $1,020,700 to finance the design, environmental permitting, and property acquisition phases of the S. 277' Street Corridor Capacity and Non-Motorized Trail Improvement Project; and WHEREAS, the federal grant requires a 13.5% match from local funding sources, of which $159,300 is available through the 102 fund; and Resoludon No. 4903 January 28, 2013 Page 1 RES.C Page 81 of 89 WHEREAS, it is in the best interest of the City to use grant monies to finance capital improvements to the transportation system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to accept the federal grant for 1,020,700 for the S. 277"' Street Corridor Capacity and Non-Motorized Trail Improvement project. In addition, the Mayor is hereby authorized to execute a Local Agency Agreement between the City and the Washington State Department of Transportation in substantial conformiry with the agreement attached hereto, marked as Exhibit A and incorporated herein by this reference. Also, the Mayor is hereby authorized to execute any further necessary supplemental agreements for the Project, expending up to the total amount of the grant of$1,020,700. Section 2. That the Mayor is 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. Resolutian No. 4903 January 28, 2013 Page 2 RES.C Page 82 of 89 Dated and Signed this day of 2013. CITY OF AUBURN PETER B. LEWIS MAYOR ATfEST Danielle E. Daskam, City Cle lc APP VED S TO FORM: D niel B. Heid, City Attomey Resolu0on No.4903 January 28, 2013 Page 3 RES.C Page 83 of 89 Exhibit A Local Agency Agreement Agency City of Auburn CFDA No. 20.205 Catelog of Fetleral Domestic Aasistance) Address 25 West Main Street Project No. Aubwn, WA 98001 pgr,eemeM No. For 09C WSDOT Use On The Local Agency having compfied,ar hereby agreeing w comply,with the tem s and conditions set forth in p)Title 23,U.S.Code Highways,(2) the regulatioas issued pursuant thercto, (3) 2 CFR 225, (4) Office of Managemrnt and Budget Circulars A-102, and A-133, (5)fhe policies md procedura promWgated by the Washington State Deparlment of Trsnsportatiou,and(6)the federal aid project agreement entered into between the State and Fedecal Govemment,rela[ive to the above project,the Washington State Deparm ent of Transportation will authorize the Local Agoncy to procad on the projec[by a separate nodfication.Federal funds which ere to be obligated for t6e project may not exceed the amo mt shawn herein on line r, column 3, without written authority by the State, subject W the approval of the Fedual Highway Administration. All projec[ wsts not reimbursed by the Federal Govertunrnt shall be the rosponsibility of the Local Agrncy. Project DescrlpUon Name S 277th St Coaidor Capaciry&Non-Motorized Trail Improvement Project Length 0.625 miles Termini Auburn Way North to L St NE Description of Work This project consists of widening S 277th St from Aubum Way N to L St NE,completing the expansion of the only two lane segment on the street corridor between SR-99 and SR-18.Project componenu include adding three through lanes,a separated non-motorized trail,street lighting,storm drainage improvemeirts,Intelligecrt Transportation System improvements,and auxiliary turn lanes at Auburn Way N,D St NE,and the future I St NE. Estimate of Fundin Type of Work 2) 3l Estimated Total Estimated Agency Estimated Pro ect Funds Funds Federal Funds_ - PE a. en I80 000.00 24 300.00 155 700.00 86.5 °k b Oth r Consultant 1 1 6 5 00 a Othar Federal Aid d.State 5,000.00 675.00 4,325.00Participffiion Rauo for PE e.Total PE Cost Estimate a+b+c+d 1 160 000.00 156 600.00 1003 400.00 Right of Way f.A en o n.ana Federel Ald SPartidpellon RaUO for RW '.Total R/W Cost Estimate f+ +h+i Conatruc8on k.Contract I.Other m.Other n. Other o.A an Federal Aid StatePertielpetion Ratio for CH Total CN Cost Estimate k+I+m+n+o+ r.7ota1 Pro ect Cost EsUmate e++ 1 160 000.00 156 600.00 1 003 400.00 Ageney OfReial Washington State DepartmeM of Transportation BY BY Title ppt„p Q Ma+r Diredor of Highweys and Local Programs Date Executed DOT Foim 740.039 EF 1 Revieed 09/2011 RES.C Page 84 of 89 Construction Method of Financing cnecxMernouseieerea State Ad and Award Method A-Advance Payment-Agency Share of total construction cost(based on contract award) Metl od B-Withhold from qas tax the Auencv's share of total construclion cost(line 4,column 2)in the amount of at$ per month for months. Loaal Force or Local Ad and Award Method C-Aaencv cost incurted with uartial reimbursement The Local Agency turther stipulates Mat pursuant to said Title 23, regulationa and policies and procedures,and as a condition to payment of the federal funds obligated,it accepts and will comply with tha epplicable provisions set forth below.Adopted by official action on ResolutionlOrdinance No. Resolution 4903 Provisions I. Scope oi Work 7'he Ageucy shall provide all the work,labor,materials,and services necessary to perforni the project wtich is desccibed md set forth in detail in the"Project Descriphon'and`7ype of Work." When the Stffie acts for and on behatf of the Agency,the State shall be deemed an agent of the Agency and shall perform the services desQibed aad indiceted in`"Cype of Wark"on the face of tltis agreement,in acwrdance with plm s and specifica[ions as proposed by fhe Agrncy and approved by the State and the Federat Highway Adroinistrabon. When the State acts for the Agency but is not subject to the dght of control by the Agrncy, the State shall have the right to perform the work subject to the ordinary procedures of the Stam and Federal Hig6way Administation. 11. Delegatlon of AuthoNty The State is willing to tulfill the responsibiliaes w the Federal Cmvernment by the adminishatlon of this project The Agrncy agas that the State shatl 6ave the full authority to cazry out this adminishation. The State s6a11 review, ess, and approve documents roquired for federal aid reimbmsemrnt in accordmce with federel rcqu'vem ts.IFthe State advertises and awarsrthe contract,the State will fiuYher act for the Agency in all matters coacerning the project as requested by the Agrncy. [f the Local Agency adveroses and awards Ne project,the State shall review the work to ens ue conformiry with the approved plaes and specificetions. III. Project Administration Certain types of work and services shall be provided by Eae State on tivs project as requested by t6e Agency and described in the Type of Work above.In addttion,the State wiil fumish queliSed personnel for the supervision and inspec[ion of the vrork in Qrogress.On Local Agrncy advertised and awarded projects,the supervision and inspection shall be limiud w rnsuring all work is in confortnance wrth approved plans,specifications,and federal aid requirements.The salary of such engineer or otl er supervisor m d all other salaries and cosYS incurted by Sta[e torces upon the project will be cousidered a cost thereof.All costs related to this project incurred by employces of the State in the wstomary manner on hig6way payrolls and vouc6ecs shall be chazged as costs of the project. IV Availability of Records All project records in support of all costs incurred end actusl expa ditures kept by the Agrncy are to be maintained in acerndance with local govemment accounting procedures prescribed by the Washington State Auditor's O ce, the U.S. Department of Transportatian, and the Washington State Departrnent of Traosportation.The rewrds shall be open to inspection by the State and Federal Govemmen[at all reasonable times and shall be retai¢ed and made available for such inspection for a period of not less than[Iu ee years from the final payment of any federal aid fuuds to the Agency.Copies of said records shall be fumished ro the State and/or Federal Govemmrnt upon reques[. V Complianee with Provisions The Agency shall not i¢cur y federal aid participazion costs on any classificadon of wark on this project until euthorized in writing by the State for each class fication.The class fications of work for projects are: I.Prcliminary engineering. 2.Right of way acquisition. 3.Projec[construction. In the event that right of way acquisition,or actual construction of the road,for which preliminary engineering is mdertaken is not star[ed by the closing of the tenth fiscal year following the fiscal yeaz in which the ageemrnt is executed,the Agrncy will repay to the State the sum or sums of federal funds paid to the Agenry under the terms of this agreement(sce Sectian IX). The Agency agrees that all stages of canstruction necessary to provide the initially plamed com lete facility wifhin the limits of this projeet will confarm to at leazt the minimum values set by approved statewide design standards epplicable w th s class of hig6ways,even though such edditlonal work is 5n'arieed without federal aid participatioa. 1'he Agency ap ees t6at on federal aid hig6way conswction projects,the curtertt federal aid regulations which apply to Gquidated dameges re(ative w the basis of federal pmvcipatioa in the projec[cost shail be applicabie in t6e evrnt the cantractar fails W wmplete the contracc within the contract time. VI. Payment and Partial Reimbursement 2Le mtal cost of the project,including atl mview and engineer'v g wsts and other expenses o£the Stau,is to be paid by the Agrncy and by the Fedaal Government. Federnl fimding shall be in accordance with the Federal Tran.ryortation Act, as amended, 2 CFR 225 and Office of Managemrnt md Budget cireulms A-102 and A•133.1'he State shall not be uttimately responsibte for my of the costs of the project.T6e Agency shali be ultimetely respoasible for all costs assoaeted wit6 the project which are not reimbursed by the Fedmal Govemmwt. Nothing in this agieement shall be conshued as a pronilse by the State as to the emount or nature of federal pmtiapation in this project. DOT Form 140.098 EF ZRevlaetl09/2017 RES.C Page 85 of 89 The Agency s6a11 bill the state for fedaal aid project costs incumd in conformity with appGceble frdaal m d state laws. The agrncy shall minim'v the tme elepsed 6etween roceipt of federal aid funds md subuquent payment of incurred costs. Exprnditures by the Local Agency for meintmance,general administration,suprnision,and other overheed shall not be eligible for federal perticipation unless a cumnt indirect cos[plan has bern prepared in accordance with the regulations oudined in 2 CFA 225•Cost Principles for State,Local,and Indian Tribel Govemment, and re[ained for audit The Sta[e will pay for SWe incurred costs on the project. Following paymrnt,the State shall bill the Federal Crovemment for reimbursemtnt of those costs eligible for federnl par[icipation W the extrnt that such wsts ere altributable and propvly allocable to tliis projec4 The State shall bill the Agency for that portion of State costs which were not re'unbursed by the Federal Crovernment(see Section IX). 1. ProjeU Coartruction Costs Project construction finmcing will be accompGs6ed by one of the Urcee methods as indicated in this agreemrnt. Method A—The Agrncy will place wi16 the State,within(20)days after the execution of t6e construction contract,an advance in the amomt of tlie Agency°s share of the total construction wst based on the conuaa awud.The State will notlCy the Agency of the exea amount to be deposited wit6 the State.The State will pay ell costs incurted under ihe co¢htct upon presentation of pro ess billi¢gs from the contractor.Following such payments, the State will submit a billing ro the Federal Govemment for the fedaal aid participation share of t6e cost When the project is substanUelly completed end fmal ectual costs of the projeR cm be detecmined,the State will pmseM the Agency with a fioal billing showing ihe amoimt due t6e State or t6e amomt due the Agrnry.'ILis billing will be cleared by eiEaer a payment from the Agency to the State or by a isfimd from the State to tho Agmcy. MMhod B— The Agrncy's sh e of the mtel construction cost as shown on the face of this a eement shall be withheld finm its monUily fuel tax allotments.The face of this ent establis6es the months in witich the witLholdiag shall take place and t6e exact amount to be withheld each month.lLe ezrent of with6ol will be wnfumed by letter from the State at the time of contract awmd.Upon receipt of progress billings from the contractor,ttie State will submit such billings w the Foderal Crovemment for paymrnt of its perticipating portion of such billings. Method C—'17 e Agency may submit vouchers to the Stnte in the foimet prescribed by the State,in duplicate,not more than once per moMh for those wsts eligible for Federal participation w tlte extent that such costs are directly attributable d propaty allocable to this project Exprndinues by Uu Local Agency For maintnnmce,gmeral administration,supervision,and other overhead shall not be eligible for Federel perticipation mless cleimed mda a previouslY approved indircct cost plan. The State shall reimburse the A e¢cy for the Federal shffix of eligble project wsts up to the mnoimt shown on the face of Uils a eemrnt.At the time of audit,the Agency will prov de documrntation of all costs incurred on the project. The State s6a11 bill ihe Agency for all costs incuned by the State relative to the project.The State shal]also bill the Agency far the federel funds paid by the State W the Agrncy tor project costs which are subsequently detertnined W be ineliAbie for federal participation(see Secaon I)C). VII. Audit of Federal ConsuKant Contncts The Ag cy, if services of a consultant ffie required,shall be responsible for audit of the consultanYs rewrds to decermine eligible federal aid costs on d e project T6e report of said audit s6a11 be in ihe Ageacy's 81es and made available to the State and the Federal Govemment. M audit shall be conducted by the WSDOT Intemal Audit Office in accordance with generally accepted governmentel auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authori atioq Selectio0.d Agrament Administration;memoranda of imdecstanding between WSDOT and FHWA;and Office of Menagement and Budget Circular A-I33. If upon eudit ii is found that overpaymrnt or peRicipation of federal money in ineligible items of cost has occurred,ffie Agrncy shall reimbwse Ute State for the amomt of such overpaymrnt or excess par[icipation(see Section I7C). VIII. Single Audk Act The Agency,as a subrecipient of federal funds,shall adhere to the federal OfGce of Managanent and Budget(OMB)C'vcWar A-133 as weli as atl applicabte federal and state sratutes md'egulations. A subrecipient w6o exprnds$500,000 or more in federal awards from al1 sources during a ven Sscel year s6e11 tiave a sin 1e or pmgem-specific audit perfoxmed for thst year ie accordaace with the provisiaas of OMB C'vcular A-133. pon wnclusion of the A-133 audi4 the Agency shall be rosponsible for ensuring that a copy of the repoR is transmitted prompdy to the Stare. IX. Payment of Billing ILe Agmcy agreos tha[if payment or a[rangement far payment of m y of the State's billing relativo W the project(e.g,S[ate farce wark,projeQ canalletion,oveepayment,cost ine(i ble fm federai pmticipatloq e[cJ is not made to the State within 45 days after the Agency has bem bitled,the Staze shall effect zeimbursement of the total sum due Gom the regula monthly fuel tax allotments to the Agrncy from the Motor Vehicle Fmd. No additionel Federal project funding will be epproved until fiill paymwt is rcceived unless othervvise directed the Director of Highways d Locel Prograrns. X. Traffic Control,Signing, Marking,and Roadway Maintenance The Agrncy will not pem it any changes to be made in the provisions for parllanng regula[ions and traf5c control on this project without prior approval of the State and Federal Highway Adminisvation. The Agenry will not instell or permit to be installed any sigu,signals,or mffildn s not in wnformance with the standards approved by the Federal Highway Adminisuation and MUTCD. The Agrncy will,at its own expense,mamtain the improvement covered by this agreement. XI. Indemnity The Ag cy ahall hold the Federal Crovemment arid the State ha mless from and shall process and defend az its own expense all claims,demands, or suits,whether at law or equity broug6t against ihe Agrncy,State,or Federal Crovemment,arising from the Agency's execution, DOT Form 140-0JB EF Rewaed oeno» 3 RES.C Page 86 of 89 pvform cc,m Cailufe to perfmm aey of We provisions of this agreemmt,or of any other ageemrnt or contract conneckd with this a temrnt,or misiug by ccason of ihe pmticipatiw of the State or Federal Govemmrnt in the pmjxt,PROVIDED,nothing herein shall require Ihe A ency w rcimburse the Smu or the Federel Govanment for damaga arising out of bodily injury ro persons or damage w p,opefty cauae by or resWnng from the sok aegligwce of tlu Federel Govemmmt w the Srate. XII. Nondiserimination Provision No liabiliry s6a1]attach W ihe State or Fede al Govemmrnt except a4 expressly provided herein. The Agency shall not discriminate on the basis of race, eolor,netlonel ori n, or sac in t6e award and paFom m a of any USDOT-essisted convact end/or ageemrnt or in the edministrstion of its DBE pro am oi t6e requvsmrnts of 49 CFA PeR 26. 'ILe Agency shell take all necessary and eeasonablesteps under 49 CFR Part 26 to ensure nondiscriminetion in the aw d d edministration of USDOT-aasisted cnnuacts md ageemrnu. Ihe WSDOT's DBE progam, as required by 49 CFR Part 26 end aa approved by USDOT, is iaco7porat d by efe enoo in this ageemrnt Implementation of this program s a legal obligalion and failure w ceny out its terms shall be treated as a violation of thia egrcuaent. Upon nodficatioa W the Agency of its feilure to cmry out iu epproved program,the Departmrnt may impase sanetions es provided for under PeR 26 and may;in appropriate cases,eefer the matter for enforcemrnt mda l8 U.S.C. I001 anNor the Proaam Fraud Civil Remedia Act of t986(31 U. S.C.380I et seq.). The Agency 6aeby ag ees tEat it will incoryorate or cause w be inemporated inW auy convact for construction work,m modi6caaon ffiereo£aa deSned in the eules md rcgulations of the Secretary of Labor in 4I CFR Chapter 60,w6ich is paid for in whole or in part with fimds obtain d from the Federal Govrnunrnt or bmrowed on the credit of the Federel Govvnmrnt pursuant to a g ao4 ntrac4 lomi, insiam ce, or guar tee or underst ding pursuant to y federal plogam involving such ant, contract,loan. insurm ce,or guarmicee,the required conoatt pmvisions for Fedefa(-Aid Conaacu(F7 IWA 1273),located in Chapter 44 ofthe Local Agency Guidelines. The Agency Curtha aaees that it will be bo md by the above equal opportunity clause with respect W its own employm nt practices whm it participates in federally essisted coastruction work: Provided,Naz if theapplicant so participating is a Stffit ar Loeal Govemment,the ebove equal opportuniry deuse is not appGcable w my agrncy, instrumentaliry,or subdivision of such government which does not penieipate in work on or mder t6e contracL ILe Agenty also egees: 1) To essist and cooperate actively with the State in obtaining the complim ce of cantractors end subcontractors with t6e equal oppordmity clause and rules,regulations,m d relevant orders of the Secremry of Lobor. 2) To fumis6 the State suc6 infotmation es i[may require for t!rc supcvision of such compliance and that it will othawiu assist the State in the discharge of its primary responsibility for securing complimue. 3) To refrain from rntering inm any contract ar conC act modificetion subject to Execurive Order 11246 of Septemba 24, 1965,with a contrecmr debarred Eom, or who has not demonstraud eligibility for, govemmrnt concacts m d federally essisted wnstruction contracts pursuant to the Executive Order. 4) To cerry out suc6 sanetions and penaldes for violation of tho equal opportunity clause as may be imposed upon cantractors and subcontractors by the State.Fedaal Highway Adminisaation,or the Secretary of Labor p usumt to Part II,subpart D of t6e Executive Ordv. In addidon,the Agrncy agxs that if it fails or refuses w wmply wit6 these undenatdngs,the State may take any or all of the following actions: a) Cmial,tecmmate,or suspend this agcement in whole m in part; @) Refrain from extending any further arsistance W the Agency under the progirram with respect w wttich the failure or refusel occurred imdl safisfacWry assur ce of future compliance haa bern reaived Eom the Agency;end c) ReSer fhe case to tfie Depmtmrnt of]usHce tor app'opriate legal procxdings. XIII. Liquidated Damages The Ageacy haeby agrces that the liquidated damages Qrovisioas of 23 CFR Pen 635,Subpart 127,as supplemrnuA,mledve m the amoun[of Federel partic ation m t6e project cost,shall be appliceble m the evrnt the contrector fails w complete the coatract wit6in the contract time. Failure W include liqwda[ed dameges provision will not relievt the Agrncy Gom reduction of federd participetion in accordenoe wiU[his parograph. XN Tertninatlon fo Publlc Conveniance The Seaetary of the Washington State Department of Transportetion may terminate the contract in whole, or from time to time in pert, whenever: 1) The requisiu federal Cunding becomes unavailable t6rough failure of eppnopriauon or othuwise. 2) The contracwr is pcevwted from proaeding with the work az e d'vect r wilt of m Executive Order of the Prcsidrnt with rcspect w the prosewtion of w or in t6e intere:t of nadonal defrnse,or m Exavtive Orda of t6e President or Govemor of the State with Rspect W t6e prcsmation of rnergy rcsource.v. 3) 'Ibe contraetor is preveoud from proccediag with the wmk by reason of apre liminary,special,ar paxnanrnt eestraiamg ordv of a court of competrnt j visdiction w6ere Ihe ssu a of such orda is primerily caused by the aar or omissions of persons or ngrnaes otha th the cuatractor. 4) The Swetary daamines t6at suc6 tefmination is m the best interests of t6e State. XV. Venue Tor Claims andlor Causes of Action For the convenieace of t6e panies to this coatract,it is ageed that my claims md/or causes of actioe which the Local Agency has against the State of Washington,growing out of this comract or the project with which it is concerned,shall be brought only in the Superior Court fm Thu stov Counry. DOT Form 744078 EF 4Revfeetl09/2011 RES.C Page 87 of 89 XVI. Certification Regarding the Restrictions of the Use oT Federal Funds for Lobbying The approving authority certiSes,to the best of his or her ImowleAge and belie that 1) No federal appropriated funds 6ave been paid or will be paid,by or on behalf of th e mdetsi@ ed,to any person for influencing or attempting W influence m officer,or employee of any federal agency,a mem6cr of Congess,en officer oz'employee of Congrcss,or an employoe of a member of Congress in connection wiN the aw ding of any&deral contract,the'making of any fedeial grant,the maldng of aey federel loan,the entering inw of any couperative ageement, d the extension, eontinuatiun,renewal, amrndment, or modiScaaon of any federal contract,gran4 oan,or cotipeiative agreemrnt. 2) If sny fimds otha ihan fedaal appropriated funds have been paid or.vill be paid to any person for influencing or attempting to influence an offiar or employee of any fedaal sgrncy,a member of Congress,an officer or employa of Congross,or m empioyee of a member of Congress in counectitin with this federel contract,gimt, lom,or woperative agieemen4 e undersigned shall complete and submit the Standard Fmm-LLL, Disclosure Foim to Report Labbying;'in accordance with iu instcuctious. 3) The undersigned shatl requ've that the language of tLis certiScation be included in the award documents for all subawards et all tiers including subg anu,and contrac s aod subcoutracts mder gants,sub u,loans,end cooperetive agreemenu)which excerA SI00,000,md tLat all such submcipients shall certity and disclose accordingly. This catification is e material representazion of fact upon which relim ce was placed whrn tlils transaction was made or wtered imo. Submission of this ceiti&cation es aprerequisite far maldug or ertering ioto U is tr sactioa imposed by Section(332,Tide 31,U.S.Cade. Any persan who fails w file the required catification shall tie subject to a civil prna]ty of uot less than SI0,000 and not more than 5100,000 for each such failure. Additional Provisions DOT Form 146039 EF 5RevlaeA09/3011 RES.C Page 88 of 89 RES.C Page 89 of 89