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HomeMy WebLinkAbout08-05-2013 PUBLIC WORKS COMMITTEE AGENDA PACKET Public Works Committee August 5, 2013 - 3:30 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA III.ACTION A. Approval of Minutes* IV.RESOLUTIONS A. Resolution No. 4976* (Fenhaus) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Perform the Necessary Actions to Withdraw from the South King County Regional Water Association and from the Joint Operating Agreement Among the Members of the Association B. Resolution No. 4978* (Webb) A Resolution of the City Council of the City of Auburn, Washington, Setting a Public Hearing Date in Relation to Amending the 2014-2019 Transportation Improvement Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77 V.DISCUSSION ITEMS A. Resolution No. 4979* (Webb) A Resolution of the City Council of the City of Auburn, Washington, Amending the 2014-2019 Six-Year Transportation Improvement Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77 B. Resolution No. 4963* (Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute a Subscription Agreement between the City of Auburn and Zonar for Electronic Fleet Management Service C. Cascade Water Supply Agreement Review (Repp) D. Capital Project Status Report* (Gaub) E. Significant Infrastructure Projects by Others - Public Works Status Report* (Gaub) Page 1 of 109 F. Action Tracking Matrix* (Dowdy) G. Public Works Project No. CP1119 (Sweeting) Auburn Way South, Fir to Hemlock Street: Extesion of Project Limits and Associated Additional Project Costs to Meet WSDOT Requirements H. M Street Rechannelization Parking Removal (Para) I. Regional Traffic Signal Maintenance Support (Dowdy) VI.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 2 of 109 AGENDA BILL APPROVAL FORM Agenda Subject: Approval of Minutes Date: July 30, 2013 Department: Public Works Attachments: July 15, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Public Works Committee to approve the minutes of the July 15, 2013 Public Works Committee meeting. Background Summary: See attached draft minutes. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:August 5, 2013 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 3 of 109 Public Works Committee July 15, 2013 - 3:30 PM Council Chambers MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Council Chambers, located on the first floor of Auburn City Hall, 25 West 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, City Attorney Dan Heid, Engineering Aide Amber Mund, Senior Project Engineer Jacob Sweeting, Planning Manager Elizabeth Chamberlain, Traffic Engineer James Webb, Street Systems Engineer Jai Carter, Sanitary Sewer Engineer Bob Elwell, Water Utility Engineer Susan Fenhaus, Project Engineer Seth Wickstrom, and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Citizens Scot Pondelick and Thomas Sauers. B. Announcements There were no announcements. C. Agenda Modifications There was one agenda modification which transmitted a correct draft of the July 1, 2013 meeting minutes and added Discussion Item G, King County Reddington Levee Open House, to the agenda. II. CONSENT AGENDA A. Approval of Minutes Member Osborne and Vice-Chair Peloza noted Scribner’s errors and requested they be corrected. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the Public Works Committee Meeting Page 1 of 13 ACT.A Page 4 of 109 minutes for date, July 1, 2013, as amended. Motion carried 3-0. B. Right-of-Way Use Permit No. 13-10 (Mund) Auburn Days Festival and Fun Run Engineering Aide Mund explained that Girl Dog Inc. and the Home Plate Pub both have permitted uses in locations that Auburn Days has utilized in the past, and the right-of-way maps were included with the Auburn Days permit documents to make sure their uses are still accommodated. The accommodations are also noted in the special conditions of the permit, in response to questions asked by Chairman Wagner. Engineering Aide Mund identified the applicant as Auburn Days, in response to a question asked by Member Osborne. Engineering Aide Mund stated that Auburn Days is an organization with a committee and the City’s contact for the Right-of-Way Use Permit is Connie Henke. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve Right-of-Way Use Permit No. 13-10 for the Auburn Days Festival. Motion carried 3-0. C. Public Works Project No. CP0912 (Sweeting) Project No. CP0912, Citywide Guardrail Improvements Project Senior Project Engineer Sweeting was present. There were no questions from the Committee. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to advertise for bids for Project No. CP0912, Citywide Guardrail Improvements Projects. Motion carried 3-0. D. Public Works Project No. CP1207 (Truong) Project No. CP1207, D Street Utility Improvements Chairman Wagner asked how the project is related to the RPG development, which will take place in the same vicinity. Assistant City Engineer Gaub answered that Project No. CP1207 is not related to the RPG development. The scope of the project includes the replacement of an AC water main, the removal of a sewer pump station and installation of a gravity sewer system. Page 2 of 13 ACT.A Page 5 of 109 Assistant Director/City Engineer Selle noted that the developer will be making use of the utility improvements and in terms of the resurfacing of D Street by the developer, RPG is not yet sure what work will be done on the street in the future. Selle stated that the pavement will be restored to the current condition as part of the scope of work for Project No. CP1207. Chairman Wagner asked if the utility work could be completed at the same time the developer is working on the street, making the developer responsible for funding the pavement work. Assistant Director/City Engineer Selle answered that the project is too far ahead of the development. Mayor Lewis asked if staff knew when the development work will start. Selle stated that there is no approximate start date for the RPG development at this time. Assistant Director/City Engineer Selle noted that the City will not be making street improvements to D Street; the City is only restoring the pavement impacted by the utility work. Mayor Lewis asked staff if there is need for the utility improvements. Staff confirmed that there is need. Mayor Lewis spoke about the importance of obligating the funds in the current year. Assistant Director/City Engineer Selle spoke about the benefit of switching the sewer system to a gravity line versus the pump station, which is difficult and costly to maintain. Assistant Director/City Engineer Selle also stated that the funds for the project were received from the Port as part of wetland mitigation project and there is a time limitation for expending the funds. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council grant permission to advertise for bids for Project No. CP1207 , D Street Utility Improvements. Motion carried 3-0. III. RESOLUTIONS A. Resolution No. 4964 (Webb) A Resolution of the City Council of the City of Auburn, Washington, Amending the City of Auburn Transportation Impact Fee Schedule to Adjust for 2013 Fees The Committee and staff reviewed the recommended updates to the Transportation Impact Fee Rate Schedule. Traffic Engineer Webb explained that instead of square feet, the independent variable being used to calculate the fees for schools is “per student,” in response to a question asked by Chairman Wagner. Page 3 of 13 ACT.A Page 6 of 109 Member Osborne asked why there is not a reference to the ITE Manual, Ninth Edition, rate calculations instead of an entirely different table included in the fee schedule. Traffic Engineer Webb explained that the City does not use the straight ITE trip generations rates, but rather makes additional calculations and adjustments to account for other factors such as the trip length. The ITE code and basic trip rates are used but the City then makes several subsequent adjustments to develop the City’s fee. Webb stated that staff included the most common land uses in the fee rate schedule table and can refer back to the ITE Manual to calculate fees for any land uses not included in the schedule. Traffic Engineer Webb answered questions asked by Member Osborne regarding potential trip generation fees for parks constructed by developers and how those fess may be calculated using the ITE Manual. Vice-Chair Peloza asked what the drivers are for the reduction in industrial, lodging and residential trip fees. Webb stated that a combination of factors affect the fees including: the ITE Manual rate has gone down slightly, the existing deficiency of the transportation system may have been a factor, and the revised project estimates for projects listed in the Transportation Improvement Program (TIP) have affected the fees. Traffic Engineer Webb explained that the Downtown trip fee schedule is new and that there is no previous schedule to compare it to, in response to a question asked by Vice-Chair Peloza. Chairman Wagner asked why there is a difference between the trip fee for Hardware/Paint Stores and Home Improvement Superstores. Traffic Engineer Webb answered that the ITE defines a paint store differently than a Home Improvement Superstore because the superstore would have a greater square footage and therefore would generate more trips. Traffic Engineer Webb answered questions asked by Chairman Wagner regarding the trip reduction fee for High Turnover Restaurants and Drive-Thru Espresso Stands. The Committee and staff reviewed the Transportation Impact Fee Table 1. Traffic Engineer Webb responded to a question asked by Vice-Chair Peloza regarding the Downtown Fee Reduction Page 4 of 13 ACT.A Page 7 of 109 Percentages. Chairman Wagner asked about the data that drove the recommended reductions of the Downtown fees. Transportation Manager Para stated that a combination of local data and data from neighboring jurisdictions was used to develop the percentages. Para noted that the local data, studies and analysis, are probably more accurate than the national ITE studies. The Committee, Mayor Lewis and staff discussed the differences between local data versus national data provided by ITE. The Committee and staff reviewed the comparisons with other jurisdictions table. Traffic Engineer Webb responded to questions asked by Mayor Lewis regarding the difference in the General Office fees of the City of Auburn and the City of Federal Way. Mayor Lewis commented that the City’s direct competition, the City of Federal Way, fee for general office space is approximately $2.50/ sq ft lower. The Committee and Mayor Lewis discussed how to be more competitive when encouraging certain types of development. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner and Mayor Lewis regarding street improvement requirements in the downtown area. Chairman Wagner asked that a follow-up analysis of the fee structure and the impacts on competitive economic development be competed and asked that the presentation of the analysis to the Committee be added to the action tracking matrix. Mayor Lewis suggested Public Works staff work with Planning and Development staff on the analysis together and the results be taken to both the Public Works Committee and Planning and Community Development Committees. The Committee asked that Resolution No. 4964 be moved forward to the City Council Meeting for adoption. It was moved by Vice-Chair Peloza, seconded by Member Osborne that the Committee recommend City Council adopt Resolution No. 4964, as amended, correcting the percentages. Motion carried 3-0. B. Resolution No. 4971 (Elwell) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Payback Agreement for a Developer’s Extension (Kersey Water Improvements) Between the City of Auburn and Kersey 3 LLC Page 5 of 13 ACT.A Page 8 of 109 Sanitary Sewer Engineer Elwell reviewed the payback agreement process for both the water improvements and sewer extension. Elwell explained that at the point that the developer and City had reached a fair distribution of the cost for the improvements; the City prepared a 21-day letter which went out to all of the property owners that may be affected by the payback agreement. In the letter staff specified what the improvements are, the amount property owners could be charged, depending on how they develop their property, and staff also emphasized, in the letter, that property owners would not be subject to any payback fees unless they actually connect to the City water and sewer utilities in the future. Chairman Wagner stated that his primary concern is sewer and asked if a property owner’s septic system fails would they be required to connect to City sewer, as stated in the current City policy. Assistant Director/City Engineer Selle answered that the property must be within a certain distance of the City sewer for that policy to apply. Sewer Utility Engineer Elwell stated that the property must be within 200 feet of a sewer line per both County and City requirements. Assistant Director/City Engineer Selle stated that the payback agreement would only apply when and if a property owner connects to either water or sewer in the future. In the case of the sewer utility, if properties were developed and a sewer Local Improvement District (LID) was formed, or if the property’s septic system fails and the property is within 200 feet of sewer service, the property owner would have to connect and the payback agreement would be enforced. No payback fees are paid until the property is actually connected to the City’s utility system. Assistant Director/City Engineer Selle continued, explaining that the letters mailed to property owners also directs them to the City’s website, where there are larger maps and on the website it is also emphasized that the payback agreement only applies when the property owner connects to the City’s water and sewer systems. There is also a dedicated phone line and email address for people to call with questions and the opportunity to schedule meetings with City staff to discuss the agreements. Assistant Director/City Engineer Selle stated that staff has received no protest from property owners. Chairman Wagner asked City Attorney Heid if the explanation of the word “owner” used in the agreement is adequate. City Attorney Heid stated that the agreement being used is a standard agreement which speaks to the ownership of the property and the wording is standard. City Attorney Heid stated that he has no concern having no Page 6 of 13 ACT.A Page 9 of 109 definition for the term “owner” however changes could be made to clarify. Chairman Wagner asked if the City has the ability to recuperate the cost for removing illicit sewer connections. City Attorney Heid stated that there are several statutes that address the recovery of water and sewer rights and costs. The Committee and City Attorney Heid discussed the owner obligations assigned by the payback agreement and whether or not the definition of owner be more rigidly defined. Assistant Director/City Engineer Selle and Sewer Utility Engineer Elwell responded to questions asked by Member Osborne regarding the properties identified on the map. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council adopt Resolution No. 4971. Motion carried 3-0. C. Resolution No. 4972 (Elwell) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Payback Agreement for a Developer’s Extension (Kersey Sewer Extension) Between the City of Auburn and Kersey 3 LLC Sewer Utility Engineer Elwell explained to the Committee how the developer divided the basin into three different areas in order to more fairly distribute sewer extension charges to property owners. The Committee reviewed the larger scale map provided by Sewer Utility Engineer Elwell. Assistant Director/City Engineer Selle and Sewer Utility Engineer Elwell explained the different requirements and costs for the three different segments. Sewer Utility Engineer Elwell responded to questions asked by Member Osborne regarding the cost to property owners that connect to the City sewer utility. Assistant Director/City Engineer Selle stated that because there was not a large expenditure involved, the developer chose not to apply for a storm utility payback agreement, in response to a question asked by Chairman Wagner. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner regarding the size of the storm facility constructed by the developer. Page 7 of 13 ACT.A Page 10 of 109 Sewer Utility Engineer Elwell stated that letters were sent out to approximately 230 properties, in response to a question asked by Vice-Chair Peloza. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council adopt Resolution No. 4972. Motion carried 3-0. D. Resolution No. 4973 (Truong) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Agreement Between the City of Auburn and the Lowest Responsible Bidder for Public Works Contract Number 13-07 Project Number CP1120 Lea Hill Safe Routes to School Improvements Assistant City Engineer Gaub reviewed the scope of the project with the Committee. Gaub identified the locations of the schools on the vicinity map. Mayor Lewis stated that the school district supports the project. In response to a question asked by Member Osborne, Assistant City Engineer Gaub explained that the resolution authorizes the Mayor to award the contract to the lowest responsible bidder for the project as long as the total anticipated costs of the project and the bid amount does not exceed the budgeted amount for the project, which is $432,500.00. in response to a question asked by Member Osborne. Assistant City Engineer Gaub reviewed the cost of all of the activities included in the project’s budget and spoke about how the contract will be awarded following adoption of Resolution No. 4973, in response to questions asked by Member Osborne. Assistant City Engineer Gaub noted that there is a deadline by which the funds for the project must be allocated to meet the grant requirements. Chairman Wagner suggested that the wording in future resolutions authorizing the Mayor to award contracts be updated. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council adopt Resolution No. 4973. Motion carried 3-0. E. Resolution No. 4975 (Wickstrom) Page 8 of 13 ACT.A Page 11 of 109 A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Award and Execute an Agreement with the Lowest Responsible Bidder for Construction of Public Works Contract Number 13-06 for Project Number CP1302, 2013 Pavement, Patching, Chipseal, and Overlay Project Mayor Lewis and the Committee discussed the benefit of the wording in Resolution No. 4975 remaining more flexible so the project can be expanded if funds are available. Chairman Wagner asked that citizens be provided with more educational materials regarding the chipseal process and how/when to travel over chipsealed streets. Project Engineer Wickstrom stated that the information can be included on the project flyers for the local streets. Mayor Lewis and Director Dowdy addressed questions asked by Vice- Chair Peloza regarding the condition of the double chipseal on 320th Street. The Committee and staff discussed whether or not tight turns are good candidates for double chipseal treatments. Chairman Wagner asked staff to conduct research on the matter and asked that the item be placed on the action tracking matrix. Vice-Chair Peloza noted that the chipseal treatment at the turn at 105th Street/320th Street has not deteriorated. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council adopt Resolution No. 4975. Motion carried 3-0. IV. DISCUSSION ITEMS A. Senior Utility Discount and Rebate Program (Coleman) Finance Director Coleman stated that the costs of the utility discount and rebate program are covered by the utility funds, in response to a question asked by Vice-Chair Peloza. Member Osborne asked if King County has a similar rebate program. Finance Director Coleman answered that they do not. B. May 2013 Financial Report (Coleman) Finance Director Coleman answered questions asked by Chairman Wagner regarding Municipal Court and Probation decrease in year-to- date expenditures for 2013 versus 2012. Finance Director Coleman answered questions asked by Vice-Chair Peloza regarding the operating loses in the utility funds. Chairman Wagner spoke about the addition of the phasing in of the Page 9 of 13 ACT.A Page 12 of 109 sewer utility depreciation. Finance Director Coleman explained the reasons Sewer-Metro Utility shows an operating loss, in response to a question asked by Chairman Wagner. One reason is the manner by which the County bills and the City remit payment for services. Another reason is a past decrease in water flows and usage. Finance Director Coleman spoke about the rolling quarterly billing system. Finance Director Coleman stated that she would provide the Committee with additional information regarding the utilities’ accounts receivable and working capital. C. Comprehensive Transportation Plan Updates (Webb) Traffic Engineer Webb distributed copies of the sections of the Comprehensive Transportation Plan related to Levels-of-Service, section 2 and section 5. Chairman Wagner asked if other jurisdictions measure levels-of- service based on corridors. Traffic Engineer Webb stated that the most common measure used by the majority of jurisdictions is intersection based levels-of-service, but there are jurisdiction that review corridors as well. There are also jurisdictions, such as the City of Seattle, that use screenlines. Chairman Wagner asked if staff receives any complaints about specific intersections. Transportation Manager Para said that system wide, the City is in good shape in terms of levels-of-service. There are a couple of locations near the state route ramps that are difficult to coordinate. Transportation Manager Para also spoke about the p.m. peak capacity issues on Auburn Way South. Mayor Lewis asked, from staff’s perspective, which method or measurement is more valuable, corridor or intersection. Assistant Director/City Engineer Selle stated that staff preferred to utilize both methods. Chairman Wagner spoke about his concerns regarding level-of- service for traffic traveling in the east/west direction. Mayor Lewis noted that developers have not have concerns regarding east/west traffic flow. Chairman Wagner requested that some analysis be done on east/west traffic levels-of-service. Chairman Wagner suggested not focusing too much on regional coordination but more consideration be given to bicycle transportation, using the information gathered from the Bicycle Task Force. Chairman Wagner asked that Amtrak be mentioned in the Page 10 of 13 ACT.A Page 13 of 109 Comprehensive Plan. It was also recommended by Chairman Wagner that the addition of the traffic impact fees in the downtown area and the expansion of transit options be included in the plan. Chairman Wagner asked that the section on air transportation be expanded. Chairman Wagner spoke about the importance of the area around the airport and economic development. The Committee and Mayor Lewis discussed FAA restrictions. Assistant Director/City Engineer Selle stated that the Transportation Comprehensive Plan is an element of the City’s overall Comprehensive Plan, which is updated annually as needed, in response to a question asked by Chairman Wagner. Transportation Manager Para said that other than traffic impact fees and frontage improvements there are generally no private sector contributions to transportation projects. Vice-Chair Peloza spoke about the possibility of citizens bequeathing their estates to the City to the transportation system. Member Osborne recommended enhancing the transit section of the plan so it may be used by Metro when they set their guidelines, which may be beneficial to the City. Transportation Manager Para stated that staff is looking into levels-of-service related to transit. Chairman Wagner noted that the City’s willingness to form transportation partnerships should be included in the plan. Mayor Lewis agreed. Member Osborne spoke about the City’s lack of a transit system and connects to the Sounder Train. Mayor Lewis discussed ways to increase the City’s opportunity to become a transfer/transit hub and the benefit of such. D. Capital Project Status Report (Gaub) Item 4 – C201A – M Street Underpass: Chairman Wagner asked if there is some artwork included in the project’s scope. Assistant City Engineer Gaub stated that artwork was discussed with the committee during the design phase, but was not included in the final project scope. Item 18 – CP1109 – 2011 Storm Pipeline Repair and Replacement Phase 2: Assistant City Engineer Gaub noted that the advertisement for bids date has been changed from July to September because there are some underground conflicts that need to be designed Page 11 of 13 ACT.A Page 14 of 109 around causing a slight delay. Assistant City Engineer Gaub stated that staff is starting to use Microsoft Project software recently installed to manage smaller projects, in response to a question asked by Member Osborne. E. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Item 2 – 15th Street NW Gas Line: Assistant City Engineer Gaub stated that the gas line is in and the majority of the pavement restoration is complete. Additional work to replace the pavement still needs to be completed on M Street NW in an area where the City requested it be redone. Member Osborne asked about work being done on the east side of R Street between 2nd and 3rd Streets NE. Assistant City Engineer Gaub stated that PSE is replacing gas lines and doing some directional drilling. Item 8 – SR 18 Neely Bridge Improvements: Director Dowdy noted that there will be regional detours through the City due to the closure of eastbound SR 18. Assistant City Engineer Gaub stated that there will be a complete closure of east bound SR 18 that will affect traffic over the last weekend in July. There is other work the State is planning on SR18 that may affect traffic for several weeks but does not involve a full closure of SR18. Assistant Director/City Engineer Selle distributed maps for the state’s unofficial detour routes to the Committee. F. Action Tracking Matrix (Dowdy) Item A – Active Capital Improvement Projects Map: Assistant City Engineer Gaub presented the updated map to the Committee. Item K – Street Lamp Installation 112th & 259th Street: Vice-Chair Peloza asked for an update. Transportation Manager Para reported that staff has heard back from PSE and the light has been added to the list of street lights to be installed. Transportation Manager Para stated that staff is still compiling the list of street lights to be installed under the Mayor’s authority. G. King County Reddington Levee Open House (Dowdy) Director Dowdy stated that the open house was not very well advertised by King County and was not well attended. Director Dowdy reported that there was no information discussed at the meeting that staff and the Council were not already aware of. Director Dowdy also said that the project is being very well Page 12 of 13 ACT.A Page 15 of 109 coordinated. H. Additional Discussion Chairman Wagner and Mayor Lewis discussed the Lakeland Hills Estates development and potential required improvements to Kersey Way. Chairman Wagner stated that he would follow up with the Interim Planning Director regarding the improvement requirements for the plat. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:53 p.m. Approved this 5th day of August, 2013. Page 13 of 13 ACT.A Page 16 of 109 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4976 Date: July 26, 2013 Department: Public Works Attachments: Resolution No. 4976 Attachment A - Resolution No. 2568 Attachment B - Resolution No. 2781 Attachment C - Resolution No. 3383 Budget Impact: $0 Administrative Recommendation: Public Works Committee recommend that City Council adopt Resolution No. 4976 Background Summary: Resolution No. 4976 authorizes the Mayor and the Public Works Director to perform the necessary actions to withdraw from the South King County Regional Water Association (SKCRWA) and from the Joint Operating Agreement among the members of the Association. The primary goals and objectives that supported Auburn’s membership and participation in the SKCRWA have been accomplished, resulting in interlocal cooperative agreements for the emergency interties with adjacent water purveyors. Continued membership in the Association has limited benefits. Staff will continue participation in the Washington Water Utility Council (WWUC) and will seek additional opportunities for continued interaction with adjacent water purveyors. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Fenhaus Meeting Date:August 5, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 17 of 109 ---------------------------- Resolution No. 4976 July 17, 2013 Page 1 of 2 RESOLUTION NO. 4976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO PERFORM THE NECESSARY ACTIONS TO WITHDRAW FROM THE SOUTH KING COUNTY REGIONAL WATER ASSOCIATION AND FROM THE JOINT OPERATING AGREEMENT AMONG THE MEMBERS OF THE ASSOCIATION. WHEREAS, the City of Auburn (“Auburn”) is a member of the South King County Regional Water Association (“SKCRWA”) consisting of the cities of Algona, Auburn, Black Diamond, and Pacific, as well as the Lakehaven Utility District, the Soos Creek Water and Sewer District, and King County Water District #111, and has entered into a Joint Operating Agreement (“JOA”) with the members of the Association, as authorized by Resolution No. 2568, adopted June 5, 1995 as modified by Resolution 2781, adopted December 2, 1996 and Resolution 3383, adopted August 17, 2001; and WHEREAS, the primary goals and objectives that supported Auburn’s membership and participation in the SKCRWA and JOA, as well as the mutual goals of other members of SKCRWA have also been accomplished, resulting in interlocal cooperative agreements for the emergency interties with adjacent water purveyors where physically feasible have been accomplished; and WHEREAS, by working closely in cooperation with other South King County water purveyors the City has secured its system thru a series of emergency interties and water supply agreements sufficient to support its future needs; and RES.A Page 18 of 109 ---------------------------- Resolution No. 4976 July 17, 2013 Page 2 of 2 WHEREAS, The City sees no further substantial benefits that would require continuing this formal agreement with adjacent purveyors that cannot not be reasonably accomplished in the absence of the JOA; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to notify the SKCRWA that the City is withdrawing from membership, and withdrawing from the Joint Operating Agreement. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2013. CITY OF AUBURN ________________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney RES.A Page 19 of 109 RES.A Page 20 of 109 RES.A Page 21 of 109 RES.A Page 22 of 109 RES.A Page 23 of 109 RES.A Page 24 of 109 RES.A Page 25 of 109 RES.A Page 26 of 109 RES.A Page 27 of 109 RES.A Page 28 of 109 RES.A Page 29 of 109 RES.A Page 30 of 109 RES.A Page 31 of 109 RES.A Page 32 of 109 RES.A Page 33 of 109 RES.A Page 34 of 109 RES.A Page 35 of 109 RES.A Page 36 of 109 RES.A Page 37 of 109 RES.A Page 38 of 109 RES.A Page 39 of 109 RES.A Page 40 of 109 RES.A Page 41 of 109 RES.A Page 42 of 109 RES.A Page 43 of 109 RES.A Page 44 of 109 RES.A Page 45 of 109 RES.A Page 46 of 109 RES.A Page 47 of 109 RESOLUTION NO3 3 8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO PERFORM THE NECESSARY ADMINISTRATIVE MEASURES TO APPROVE AUBURNS WITHDRAWAL FROM THE EXISTING SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT DATED OCTOBER 8 1996 AND TO INDICATE AUBURNS ACCEPTANCE AND CONTINUANCE AS A SIGNATORY MEMBER OF THE REVISED SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT DATED DECEMBER 19 2000 WHEREAS Auburn is a member of the South King County Regional Water Association SKCRWA consisting of the cities of Algona Black Diamond Kent and Pacific and Lakehaven Utility District Soos Creek Water Sewer District and King County Water District 111 as authorized by Resolution No 2568 adopted June 5 1995 and modified by Resolution No 2781 adopted December 21996and WHEREAS the Board of Directors of the SKCRWA saw a need to make certain amendments to the Joint Operating Agreement dated October 8 1996 to provide clarification to the intent of the agreement and WHEREAS the Board of Directors of the SKCRWA have now prepared and recommended for approval by each participatory member an update of the Joint Operating Agreement to which Auburn is a signatory member Resolution No 3383 August 172001 Page 1 RES.A Page 48 of 109 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES AS FOLLOWS Section 1 The Mayor and City Clerk of the City of Auburn are hereby authorized to perform the necessary administrative measures to approve Auburns withdrawal from the existing SKCRWA Joint Operating Agreement dated October 8 1996 and to indicate Auburns acceptance and continuance as a signatory member of the revised SKCRWA Joint Operating Agreement dated December 19 2000 A copy of said Agreement is attached hereto and denominated as Exhibit A and incorporated by reference in this Resolution Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 3383 August 17 2001 Page 2 RES.A Page 49 of 109 ItDATEDandSIGNEDthis day of September 2001 QkL CHARLES A BOOTH MAYOR ATTEST lDaltelleEDaskam City Clerk APPROVED AS TO FORM Michael J Reynolds City Attorney Resolution No 3383 August 17 2001 Page 3 RES.A Page 50 of 109 o D t Co o o 0 t a c o 0J Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn WA 98001 1F1C IIoF 11p171l1li KING RECORDERS COVER SHEET Document Titles or transactions contained therein Interlocal Agreement South King County Regional Water Association Joint OperatingAgreementI13Or FilED BY PNtrc Lv3jLJ 2 Reference Numbersof Documents assigned or released DAdditional reference s on page of document GrantorsBorrowers Last name first then first name and initials Auburn City of GranteeAssigneeBeneficiary Last name first South King County Regional Water Association Legal Description abbreviated Le lot block plat or section township range PER RCW 3934 D Additional legal is on page of document AssessorsProperty Tax ParcelAccount Number NA f o Assessor Tax not yet assigned 1 1 r as tItc JpC RES.A Page 51 of 109 o t c C c C 1 c c c c J SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT December 19 2000 WHEREAS an adequate and safe water supply for South King County Regional Water Association SKCRW A and its members is vital to both existing citizens and in implementing the longtenn comprehensive plans ofSKCRWA members and WHEREAS the State and SKCRWA prepared a Coordinated Water System Plan CWSP for South King County and WHEREAS projects that provide tor the coordinated and cooperative use and operation of supply transmission storage treatment and pumping facilities to minimize cost provide for improved water quality protect the environment provide for emergency needs and maximize the best use of the resource is in the best interest of the citizens of the region WHEREAS the current and neartenn water needs of the local governments and SKCRWA require steps to establish a cooperative subregional water supply system and WHEREAS the SKCRWA is committed to cooperate toward regional solutions for both emergency and long range water supply needs and WHEREAS the SKCRWA signatory members developed a Joint Operating Agreement in 1995 and revised the Joint Operating Agreement in 1996 and now want to further revise the Agreement NOW THEREFORE the SKCRWA signatory members of this Joint Operating Agreement JOA agree as follows I GENERAL A The Signatory Members acknowledge the requirement to incorporate land use planning as defined by the Growth Management Act with water supply planning and B The Signatory Members recognize the benefits of developing a subregional water supply system that will allow the optimum use of surface and groundwater to better manage and protect the areas water resources and C The Signatory Members will hold an Annual Meeting about September 30th to review the status of this JOA and any Amendments as well as other problems of mutual concern The specific date time and location of the meeting will be set by mutual agreement December 192000 RES.A Page 52 of 109 o D t c C o D C C o o J D Merger shall mean when two signatory members merge or when a signatory member and a nonsignatory member merge E Termination This agreement shall cease to be binding on or to any signatory member that is not in good standing or whenever a merger occurs 2 INTENT A The general intent is to create a method for the Signatory Members to cooperatively use certain existing facilities and construct new facilities needed to develop a subregional water system The Signatory Members may mutually agree by Interlocal Agreement to produce additional water and distribute it within the Subregional Service Area with or without change to their retail service area B The JOA provides a rramework for joint development of specific projects that may include two or more Participants Each facility project andor intertie shall be developed under a separate Interlocal Agreement IA consistent with this JOA subject to approval by appropriate affected city council andor water district boards The specific intent of this JOA is to make provisions for a standardized fonn to create or expand cooperative agreements to meet the public water supply needs for both emergency and longtenn use and to establish a basis for agreement between Participants for financing ownership construction and operation of mutually beneficial projects required to achieve cooperative objectives These projects may include common facilities with other Agencies outside the SKCRWA planning area Interlocal Agreements IA negotiated under the provisions of this JOA shall speak for themselves and should reference the version ofthe JOA which is in place at the time that the agreement is reached It is the intent of the Signatory Members that any Interlocal Agreements negotiated under the JOA would survive the withdrawal of a Signatory Member rrom the JOA or rrom the South King County Regional Water Association It is further the specific intent of this JOA to preserve Signatory Members existing water rights and protect the established or planned interest and needs of each Signatory Member with respect to sources of water Suggested content for an Interlocal Agreement is shown in Exhibit A C It is the desire of the Signatory Members that this JOA be incorporated into the South King County CWSP at the next update D The tenn Participant as used in this JOA shall mean all the signatories of an IA consistent with and implemented subsequent to this JOA December 192000 2 RES.A Page 53 of 109 0 c 0 0 0 I 0 C C 0 N 4 E The term Signatory Members as used in this JOA shall mean a member in good standing of the South King County Regional Water Association who has signed this JOA Good standing includes but is not limited to being current on all dues to the SKCRWA 3 SUBREGIONAL SERVICE AREA AND FACILITIES A Subregional Service Area shall mean the Signatory Members Designated Water Service Areas identified in the CWSP or as approved by amendments to the CWSP or as identified in a Signatory Members approved Comprehensive Water Plan B Subregional Facilities shall mean a that portion of the Participants sources interties transmission and storage systems required to supply water to the service areas of the Participants or new facilities as defined by a separate IA pursuant to this JOA b those designated capacities within a Participant system as specifically defined in an appropriate IA C Facility Ownership Ownership of the physical facilities that exist on the date of this JOA shall remain with the individual Signatory Members Unless otherwise agreed to within a specific IA ownership and operational responsibilities of new facilities shall be based generally on location in designated service areas with capacity rights defined by appropriate IA WATER SUPPLY CAPACITY RIGHTS A Capacity Rights Participants may purchase capacity by IA Any changes in these capacity rights shall be recognized by an IA approved by the appropriate affected city councils andor water district boards B Additional JOA Participants Other agencies may purchase capacity rights in subregional facilities subject to the provisions of paragraph 4C Other agencies who become Signatory Members of the SKCRWA and become Participants in future projects undertaken under this lOA and future IAs will be assessed past costs associated with development ofthis JOA as specified in Exhibit B December 19 2000 3 RES.A Page 54 of 109 o 0 t O o o 0 t t o C o o N C Wholesaling Water a A Signatory Member may wholesale water through lease or otherwise delivered through subregional facilities to areas outside of the Signatory Members Service Area so long as the other Signatory Members capacityrightsarenotnegativelyimpactedSignatoryMembersoftheSKCRWAagree that where feasible and mutually beneficial they will coordinate planning and development ofwater resources b Signatory Members further agree that prior to entering into any agreement to deliver long term water supply or construct joint facilities with a nonSignatory Member agency they will first make a good faith effort to offer such supplies andor capacities to Signatory Members provide the right of first refusal Such offers shall be made on a cost of service basis as established by separate IA Signatory Members shall have 60 days to respond c Signatory Members agree that when entering into any agreement to deliver long term water supply or construct joint facilities with a nonSignatoryMemberagencyinaccordancewiththisJOAtheywillincludeandcollectfor remittance to the SKCRWA a fee for reimbursement of the costs for development ofthe JOA as specified in Exhibit B d Regular meetings of the SKCRWA shall be the forum for making Signatory Members aware of discussions regarding water sales and joint projects however all offers of participation or requests for participation shall be in writing with copies to other Signatory Members D Conservation All Participants will develop and implement a conservation plan that is consistent with State guidelines Additional or supplemental conservation requirements beyond basic programs may be included in a specific Interlocal Agreement E Curtailment In general curtailment for delivery of firm water shall be on a uniform percentage basis for both wholesale and retail customers and curtailment for delivery of interruptible water shall be on a last in first out basis as determined by the date of formal agreement Specific curtailment requirementsandprovisionsshallbeincludedinInterlocalAgreementsimplementedunderthis JOA F uality An objective of the Signatory Members is to maintain the quality of the water in the subregional facilities at or above the quality required by the State drinking water standards The purchasing Participant will be responsible for ensuring water quality blending analyses and other water quality issues are resolved to their own satisfaction The Signatory Members may meet periodically to ensure that water quality and operational issues are addressed and that needed December 192000 4 r RES.A Page 55 of 109 0 0 I r 0 CJ 0 D 0 c 0 CJ December 192000 information is exchanged in a timely fashion The written results of these meetings will be circulated in a timely manner to all members and participants and reviewed at the annual meeting G Additional Facilities Projected needs will be identified by the Participants based on the Participantsdesignated service areas As five or more years may be needed to bring major new source capacity capabilities on line fiveyear and tenyear forecasts are required and must be updated whenever a Participant becomes aware of any significant change in their forecast demand These will be discussed jointly as they arise and reviewed at the annual meeting H Financing Each Project IA will include pertinent details of financing for that project Financial participation in existing and additional facilities will be based on each Participantsprojected need for each facility as designated capacity rights Cost of Service Charge The Signatory Members and Participants will establish wholesale water sales charges for both emergency and longterm supply that include Icapital cost 2 fixed operating cost and 3 a variable operating cost based on quantity of water delivered based on actual costs ofproviding the service Fixed and variable operating and maintenance costs payments will be made monthly per meter and use rates Projected annual rate adjustments and documentation shall be provided at the annual meeting Any rate increase will be effective beginning January I of the following year I The Rates and Charges for the capital operation and maintenance of the system shall be based on the following a Capital Cost Those construction related costs incurred for Capacity Rights Capital Costs for facilities contracted solely for a specific project described in an IA are allocated based on designated capacity to be purcbased Capital costs shall include the debt service for each Participant Such debt service shall be defined as the actual debt service on debt issued for the Participantsproportionate share of capacity rights or if no debt is issued for the Participantscosts by the financingParticipanttheamortizedvalueattheinterestrateofthemost recent revenue bond issued by the financing Participant over 20 years However should all capital costs be paid in full by any Participant purcbasing capacity rights prior to the time of the financing Participant incurring the costs no interest charges shall be assigned to the Participant purchasing capacity rights 5 RES.A Page 56 of 109 C D 1 o o C 0 r o c o 5 o Cj Capital Costs associated with a supplying Participants construction of their internal water system facilities may be included in the fixed and variable operating costs as appropriate using cost of service principles in the same manner as those costs are included in the supplying Participantscustomer rate base b Fixed Ooerating Cost The cost of labor supervision supplies utilities services taxes insurance and all other costs required to operate and maintain the system other than those items included under Variable Operating Cost The operating cost will include an allocation for renewal and replacement c Variable Ooerating Cost Those costs directly proportionate to the volume of water produced including chemicals electric power and other costs required to meet customer and system needs not included in a and b above 2 Accounting Subregional facilities accounting shall be documented in accordance with generally accepted accounting practices acceptable to the Participants ADMINISTRATIVE LEGAL AND OTHER PROVISIONS A Each Signatory Member shall designate in writing their representative responsible for coordination and implementation of the JOA and the subsequent IAs The designated individuals will be the primary contact for all project approvals and communication and shall prepare and publish a schedule and plan to facilitate the planning design and daybyday operation of facilities associated with the subsequent IAs B Signatory Members in good standing may propose Amendments to this JOA at any time Signatory Members in good standing shall vote on proposedAmendmentsattheAnnualMeetingAquorumofSignatoryMemberspresentshallapproveanyAmendmentstothisJOApriortotheirsubmittaltoSignatoryMemberscitycouncilsandorutilitydistrictboardsforapprovalASpecial Meeting of the Signatory Members may be called for the purpose of amending this JOA by two thirds of the Signatory Members in good standing C A Signatory Member may withdraw ftom this JOA by providing 120 days notice to other Signatory Members Notice shall be provided to each Signatory Member in writing and shall include the reason for withdrawal December 192000 6 RES.A Page 57 of 109 D Any Signatory Member that withdraws ITom the SKCRWA also withdraws ITom this JOA E This JOA shall remain in full force UIess terminated in writing by mutual agreement of all Signatory Members in good standing Termination of the JOA or withdrawal by any signatory member shall not affect any Interlocal Agreements negotiated under a JOA F A Signatory Member who merges with any Agency which is not a Signatory Member of this JOA must withdraw ITom the JOA The merged agency would then be allowed to reapply for Signatory Membership in the JOA as the merged Agency IN WITNESS WHEREOF the SKCRWA members hereto have caused this agreement to be cJxecuted by their proper Officers on the day of J`R 3fJICtZ Ij t Cl o o 0 o y C RPpr1d As To Form By Q So I ByTitle City of AI Date 101 aQ By Q otr Title Mayor City of Auburn Date September 4 2001 AttesttjJa Approved As To Form d By Ø December 19 2000 7 RES.A Page 58 of 109 Attest By Approved As To Form By o 0 tCjttest C tY D Approved As To Form ry li3I Co J I 5J C k h 4 roJ 0 Attest By Approved As To Form By December 192000 By Title City ofBlack Diamond Date By Title City Kent Date 7 0 By Title Lakehaven Utility District Date 8 RES.A Page 59 of 109 Attest By Approved As To Form By o D C o Attest C c By 1 Approved As To Form o By o o N Attest By Approved As To Form By December 192000 ˙2 rJfTitleanrfIII11 Soos Creek Wi and Sewer District Date nv 0 By Title King County Date 111 By Title City of Pacific Date 9 RES.A Page 60 of 109 o 0 c o o 0 1 a i o 0J South King County Regional Water Association Joint Operating Agreement EdIibitA Check List for IDterlocal Agreements 1 Project Title 2 General List of Utilities to be parties to the Interlocal Agreement lA and approval of the appropriate city councils andor water district boards Consistency with the Joint Operating Agreement JOA Description ofneed for the project Listing ofpotential wholesale customers for the water in accordance with Section 4Cof the JOA Recognition of assessment of costs associated with development ofJOA in aocordance with Section 4Bofthe JOA Recognition of right offirst refusal to excess capacity of Signatory Members ofthe South King County Regional Water Association SKCRWA in accordance with Section4C of the JOA Recognition that capacity and water rights are available to meet the needs ofthe IA 3 Description of Project Include a drawing or description which identifies all the facilities to be considered within the lA Included within the description should be all jointly or solely owned facilities that are to be operated or paid for by a party to the lA Description oflong term ownership of the facility Identification ofthe party responsible for operation andor maintenance of the facility Identification of the party responsible for payment for the design and construction of the facility 4 Project Costs Financing Capacity Rights Description of all project costs and the allocation to each party Definition ofcapacity rights for all facilities Definition ofcost sharing for longterm maintenance for each facility Definition ofmethod of reimbursement for moneys expended ifrequired Description of any applicable latecomer fees or hookup charges Description of requirements for record keeping and monitoring of costs 5 Project Design and Construction Management Definition ofoverall project management responsibilities Definition ofdesign and construction management responsibilities for individual facilities Description of basic periodic meeting schedule for review of project progress December 19 2000 1 JOA Exhibit A 2000 RES.A Page 61 of 109 C 0 C C o C c r C C C O 0 6 Conditions of Service Limitations to source sharing or delivery of water if any Design criteria for the project facilities Minimum and maximum flow rates and pressures Items specifically excluded liom the project 7 Term of Duration of the Agreement Discussion of the length of time the agreement is in effect as well as the method to terminate the agreement and succeeding agencies obligations 8 Amendments Method by which the agreement could be amended 9 Hold Hannless Liability Language etc December 19 2000 2 JOA Exhibit A 2000 RES.A Page 62 of 109 o D I o o o D I o N C o CJ South King County Regional Water Association Joint Operating Agreement exhibit B Computation of Charges Initial Computation based on 8 shares 16652 8 2081 Initial charge for a share Cost to develop JOA from Covington and WD 111 Cost to the three participants of 1A2 Covington and Auburn three sharE 6244 WD 111 two shares 4163 Final Computation based on 12 shares 16652 12 1388 Ultimate use charge Algona and Black Diamond one share 1388 WD 111 two shares 2775 Auburn Kent Covington WD Lakehven UD Or Soos Creek WSD three shares 4163 Relmbersement for Development and initial use to Covington WD 111and Auburn 16652 Cost for development Covington WD 111 Aubum 8326 8326 6244 4163 6244 2081 4163 6244 2081 4163 6244 4163 6244 4163 2775 4163 2081 1388 2081 463 463 463 1619 925 1619 lOA EchibiI B Fees 2000 development cost use charge 1A2 recovery charge IA2 Auburn ultimate use charge remaining reimb recovery charge IA3 Algona remaining reimb Decen—er 192000 RES.A Page 63 of 109 Approved January 212003 REVISED DYLAWS of REGIONAL WATER ASSOCIATION OF SOUTH KING COUNTY L MEMBERSHIP A Reeular Memben Governmental Bodies providing water service in South King County are entitled to regular membership in this Corporation upon approval by the Board of Directors and payment of any then required fees andor dues The term member as used in these Bylaws shall mean regular member unless otherwise designated D Affiliate Memben Any governmental body Association of Water Purveyors water purveyor individual or business may become an Affiliate Member upon approval by the Board of Directors and payment of any then required fees andor dues Affiliate Members have no proprietary or other interest in the Corporation are not entitled to vote are not entitled to attend meetings as a matter of right and have no right to participate in any distributions in dissolution or otherwise by the Corporation Affiliate Members may with the approval of the Board of Directors attend any regular meeting Ænd participate in all discussions at any regular meeting C Assienment Neither regular nor affiliate membership in this Corporation is assignable by the member ll DIRECTORS A Number The Articles of Incorporation provide for not less than three nor more than twenty five Directors At the present there shall be as many Directors as there shall be regular members plus the Alternate Directors provided for herein below The number of Directors and Alternate Directors may be changed by the membership at any regular meeting or at a special meeting called for that purpose D Oualifications Directors and Alternate Directors must be elected officials or the designee of members of the Corporation Each regular member shall be entitled to select one Director and two Alternate Directors provided herein below C Selection and Term Directors and Alternate Directors shall normally be selected by the Regular Member prior to the Annual Meeting and serve for a term of one year or until such time BYLAWS 1 RES.A Page 64 of 109 Approved Januy 212003 thereafter as their successors shall be selected by the Regular Member Notice of selection shall be in a written form satisfactory to the Board ofDirectors D Alternate Directors In the absence of a Director at a meeting of the Board of Directors or in the event that a Director is unavailable or unable to act on any matter between meetings an Alternate Director representing the same member may attend the meeting and vote andor act outside a meeting Members may designate the order in which their Alternate Directors may act In the absence of such designations it shall be as agreed by that members Alternate Directors E Vacancies The Regular Member in accordance with the Selection requirements of these Bylaws shall fill any vacancies occurring among its Directors and Alternate Directors F Board of Directors The Director ITom each Regular Member or in the absence of the Director the Alternate Director shall constitute the Board ofDirectors of the Corporation No one need look beyond the fact that a vote or act was performed by either a Director or an Alternate Director All such votes and actions shall be binding on the Corporation and may be relied upon as the act of the Board of Directors and the Corporation by all persons dealing with the Corporation G ComDensation Directors shall not receive any compensation for acting as such but may be reimbursed for expenses incurred in the business of the Corporation provided the expenses were approved in advance by the Board ofDirectors or Executive Committee ill AFFILIATE DELEGATES A Affiliate Delegates Each Affiliate Member shall be entitled to an Affiliate Delegate and an Alternate Affiliate Delegate A Qualifications Affiliate Delegates and Alternate Affiliate Delegates may be elected officials of or a designee ofthe Affiliate Member C Selection and Term Affiliate Delegates and Alternate Affiliate Delegates shall be selected by the Affiliate Member and serve until such time thereafter as their successors shall be selected by the Affiliate Member Notice of selection shall be in a written form satisfactory to the Board of Directors D Vacancies The Affiliate Member in accordance with the selection requirements of these Bylaws shall fill any vacancies occurring among its Affiliate Delegates and Alternate Affiliate Delegates BYLAWS 2 RES.A Page 65 of 109 Approved January 212003 F Compensation Affiliate Delegates and Alternate Affiliate Delegates shall not receive any compensation from the Corporation IV OFFICERS AND COMMITTEES A Number The Officers of the Corporation shall be a President Vice President Secretary and a Treasurer In addition to the foregoing the Board ofDirectors may elect such assistant or other Officers as the Board from time to time deems appropriate B Term Officers shall be elected by the Board of Directors at the Annual Meeting ofthe Board of Directors and shall serve for a term of one year commencing on their election or until such time as their successors are elected C Vacancies The Board ofDirectors may fill a vacancy in any office for the unexpired portion ofthe term D Oualifications No person may serve as an Officer of the Corporation unless heshe is also a Director or Alternate Director E President The President shall be the managing Executive Officer of the Corporation and shall be subject to the ultimate authority of the Board of Directors andor any Executive or other committees appointed by it have general charge of the business ofthe Corporation The President shall together with the Secretary execute all documents and instruments which are required in the ordinary course of the Corporationsbusiness or which are required by law to be executed by the Corporation F VicePresident In the absence of the President or hislher inability or refusal to act the Vice President shall perform the duties of the President and when so acting shall have all the powers of and be subject to all ofthe restrictions upon the President G Secretary The Secretary shall in person or through any Assistant Secretary or authorized employee a Keep the minutes ofall meetings b give all notices which must be given under these Bylaws or by statute c be custodian ofthe corporate records and seal and d in general perform all ofthe duties incident to the office of Secretary and such other duties as from time to time may be assigned to himher by the President or by the Board ofDirectors H Treasurer The Treasurer shall in person or through any Assistant Treasurer or authorized employee a Have charge and custody of all funds and securities of the Corporation b deposit all corporate moneys in the name of the Corporation in such Banks as shall be selected by the Board Of Directors and c in general perform all ofthe duties incident to the office of Treasurer BYLAWS 3 RES.A Page 66 of 109 Approved January 21 2003 and such other duties as fjom time to time may be assigned to himlher by the President or by the Board ofDirectors I Assistant Secreta and Assistant Treasurer Any Assistant Secretary or Assistant Treasurer when elected may act in the absence death inability or refusal to act of the Secretary or Treasurer respectively In addition any Assistant Secretary or Treasurer shall perform such duties as shall be assigned to himher fjom time to time by the Board of Directors or the Secretary or Treasurer J Executive Committee The President VicePresident Secretary and Treasurer shall constitute the Executive Committee of the Corporation and shall be allowed to act on behalf of the Board of Directors whenever action is required and it is not practicable for the Board of Directors to call a meeting and act Any action of the Executive Committee shall require the votes of three of the Executive Committee members Actions taken by the Executive Committee shall be brought to the next Regular Meeting ofthe Board ofDirectors for ratification K Audit Committee The President shall annually appoint an Audit Committee The Audit Committee shall review the financial condition and financial transactions of the Corporation at the end of each calendar year The Audit Committee shall include the Treasurer as chair and at least two additional Delegates or Alternate Delegates fjom different Members The Audit Committee shall report its findings to a Regular Meeting of the Board ofDirectors K Evaluation Committee The President shall annually appoint an Evaluation Committee The Evaluation Committee shall complete a performance review and evaluation of any employees of the Corporation Employee reviews and evaluations shall normally be completed by December 1 and shall generally cover the previous 12 months The President shall serve as chair of the Evaluation Committee and the committee shall include at least two additional Delegates or Alternate Delegates fjom different Members The Evaluation Committee shall report its findings to a Regular Meeting of the Board ofDirectors L Other Committees The President with the approval of the Board of Directors may establish other committees as may be appropriate to conduct the business of the Corporation The President shall appoint the members of and the chair for any committee established under this paragraph Committees shall consist of at least three Delegates or Alternate Delegates fjom different Members Affiliate Members may serve on committees established under this paragraph with full participation in discussion and other committee work however Affiliate Members shall have no vote in the committee Committees established under this paragraph shall terminate in 12 months fjom the time of formation unless reestablished by the Board of Directors Committees formed under this paragraph shall report to the Board of Directors at a Regular Meeting of the Board ofDirectors BYLAWS 4 RES.A Page 67 of 109 Approved January 21 2003 v MEETINGS A Reeular Meetines The Board of Directors shall generally meet monthly at a regularly scheduled time and place as necessary to conduct the business of the Corporation The Board of Directors may change the time and place of Regular Meetings or cancel a Regular Meeting as necessary to meet the needs of the Directors and the Corporation The Directors shall be notified in writing of the time and place of regular meetings Upon each Director being so notified no further notice of regular meetings need be given unless the time and place thereof is changed B Annual Meetine The Annual Meeting of the Board of Directors shall be the January Regular Meeting ofthe Board of Directors c Joint Ooeratine AereementAnnual Meetine The Regular Members who are signatory members of the Joint Operating Agreement shall normally hold a Joint Operating Agreement Annual Meeting in September The Board of Directors shall set the time and place for the Joint Operating Agreement Annual Meeting and the President shall preside All business of the Joint Operating Agreement Annual Meeting shall be conducted with the same procedures and manner as other meetings of the Corporation except as required by the terms of the Joint Operating Agreement The Directors of signatory members of the Board of Directors shall be notified in writing of the time and place of the Joint Operating Agreement Upon each Director being so notified no further notice of regular meetings need be given unless the time and place thereof is changed D Soecial MeetinesSpecial meetings of the Board of Directors may be called at any time by or at the request of the President or any three Directors The President or Directors calling the special meeting shall give notice of the purpose thereof to the Corporation The Secretary shall then fix the date place and time of the meeting and give notice thereof and of its purpose to all of the Directors at least five days in advance of the meeting E Quorum A majority of the Regular Members of the Corporation present in person or by proxy shall constitute a quorum for the transaction of business at any meeting of the Board of Directors The vote of a majority of the Regular Members present in person or by proxy shall be necessary for the adoption of any matters unless a greater percentage is required by state law F Infonnal Action Any action which must or might be taken at a meeting of the Board of Directors or any committee thereof may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all of the Directors or committee members as the case may be BYLAWS 5 RES.A Page 68 of 109 Approved January 212003 VI VOTING A General Each Regular Member shall be entitled to one vote on each matter submitted to a vote at a meeting ofthe Corporation B Proxies Regular Members may vote in person or by proxy A proxy to be valid must be in writing signed by the member and submitted to the Corporation prior to voting No proxy shall be valid after thirteen months ftom the date of its execution unless otherwise provided in the proxy C Mail Voting At the discretion of the Board of Directors voting may be conducted by mail In such case a written ballot shall be sent to each Regular Member at least twenty days in advance of the date for canvass of the votes The written ballot shall contain and describe the issues or persons to be voted upon and shall provide space for the Regular Member to vote for or against the issue or for the candidates ofhis or her choice Vll CORPORATION FUNDS A Deoosits All funds of the Corporation other than a reasonable amount for petty cash shall be deposited in the name of the Corporation in such banks or other depositories as the Board of Directors shall select B Checks All disbursements by the Corporation other than small amounts ftom petty cash shall be by check drawn direct to the ultimate payees and signed by at least two Directors of the Corporation vm EMPLOYEES A Emolovees The Board of Directors may employ or appoint such organizations and persons as it deems appropriate and shall establish or approve salaries andor other charges for such services Employees shall not be elected or appointed officials or employees of any regular member entity and shall serve at the will of the Board of Directors The Regional Water Association of South King County is an at will employer B Annual Review Annually the Board of Directors with the assistance of the Evaluation Committee shall review the perfonnance and compensation of any employees ofthe Corporation BYLAWS 6 RES.A Page 69 of 109 Approved January 21 2003 MEMBERAGREEMENTS A Member Agreements From time to time the Board ofDirectors may offer member agreements to members for consideration and or participation Approval or participation in any agreement so offered shall not be a condition of membership in the Corporation B Joint Operating Agreement The South King County Regional Water Association Joint Operating Agreement is a Member Agreement as defined in these Bylaws As such participation in the Joint Operating Agreement is not a condition ofmembership in the Corporation x AMENDMENTS The Board of Directors may adopt new Bylaws or may alter amend or repeal these Bylaws at a Regular Meeting or at a Spcial Meeting provided such meeting is held with proper notice as required by these Bylaws or through the mail voting procedures ofthe Corporation XII DUES AND CHARGES Membership fees dues andor other charges the time for payment thereof and procedures in the event of delinquency shall be as established ITom time to time by the Board ofDirectors xn CONTRACTS LOANS AND CHECKS A Contracts The Board of Directors may authorize any Officer or Officers agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation and such authority may be general or confined to specific instances A Loans No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors or the Executive Committee if such authority is delegated it by the Board of Directors Such authority when granted may be general or confined to specific instances C Loans to Directors and Officers The Corporation shall make no loans to its Directors or Officers Any director who votes for or assents to the making of a loan to a Director or Officer of the Corporation and any Officer or Officers participating in the making of such loan shall be jointly and severally liable to the Corporation for the amount of such loan until repayment thereof BYLAWS 7 RES.A Page 70 of 109 Approved January 212003 172002 Xill SEAL The Board of Directors shall provide for a corporate seal which shall have inscribed thereon the name of the Corporation and the words State of Washington and Corporate Seal Until changed by the Board ofDirectors the Corporations seal shall be that affixed to this page ADOPTED this ZI day of 23SJ DIRECTOR L DIRECTOR DIRECTORo DIRECTOR DIRECTOR BYLAWS 8 RES.A Page 71 of 109 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4978 Date: July 30, 2013 Department: Public Works Attachments: Resolution No. 4978 Budget Impact: $0 Administrative Recommendation: Public Works Committee to recommend City Council adopt Resolution No. 4978. Background Summary: The purpose of this Resolution is for the City Council to set a time and date for a public hearing to modify the 2014-2019 Transportation Improvement Program, to add one new project and revise one existing projects for which the City is pursuing grant funding. Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Webb Meeting Date:August 5, 2013 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 72 of 109 --------------------------- Resolution No. 4978 July 30, 2013 Page 1 of 3 RESOLUTION NO. 4978 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING DATE IN RELATION TO AMENDING THE 2014-2019 TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN PURSUANT TO R.C.W. CHAPTER 35.77 WHEREAS, the City is required to include projects on the 2014-2019 Transportation Improvement Program (TIP) in order to be eligible to apply for grant funds from the Washington State Transportation Improvement Board; and WHEREAS, RCW 35.77.010 requires that the legislative body of each City is required to prepare and adopt a Comprehensive Transportation Improvement Program (TIP) for the ensuing six years. The program may at any time be revised by a majority of the legislative body of a City, but only after conducting a public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. PURPOSE. The purpose of this Resolution is for the City Council to set a time and date for a public hearing to amend the 2014-2019 Transportation Improvement Program, to add one new project and modify one existing project for which the City is pursuing grant funding. RES.B Page 73 of 109 --------------------------- Resolution No. 4978 July 30, 2013 Page 2 of 3 Section 2. NOTICE OF HEARING. The Council hereby directs that a notice specifying the time and place of the public hearing shall be published one time in a newspaper of general circulation and the notice shall also be posted in three public places. Such public notice shall precede the public hearing by at least 10 days. Section 3. DATE OF HEARING. Pursuant to the requirements of State law, a public hearing on said 2014-2019 Transportation Improvement Program will be held on the 19th of August, 2013, at 7:30 p.m., or as soon thereafter as reasonably possible, in the Council Chambers of the Auburn City Hall at 25 West Main Street in Auburn, Washington, before the City Council. All persons interested in said 2014-2019 Transportation Improvement Program may attend and testify at said hearing. Section 4. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. EFFECTIVE DATE. This resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this _____ day of August, 2013. CITY OF AUBURN RES.B Page 74 of 109 --------------------------- Resolution No. 4978 July 30, 2013 Page 3 of 3 _______________________________ PETER B. LEWIS MAYOR ATTEST: ________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ________________________ Daniel B. Heid, City Attorney RES.B Page 75 of 109 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4979 Date: July 30, 2013 Department: Public Works Attachments: Resolution No. 4979 Exhibit A Budget Impact: $0 Administrative Recommendation: Planning & Development Committee to recommend City Council adopt Resolution No. 4979. Background Summary: The purpose of this Resolution is for the City Council to modify the 2014-2019 Transportation Improvement Program, to add one new project and modify one existing project for which the City is pursuing grant funding. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Wagner Staff:Webb Meeting Date:August 5, 2013 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 76 of 109 --------------------------- Resolution No. 4979 July 30, 2013 Page 1 of 3 RESOLUTION NO. 4979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE 2014-2019 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN PURSUANT TO RCW CHAPTER 35.77 WHEREAS, the City is required to include projects on the 2014-2019 Transportation Improvement Program (TIP) in order to be eligible to apply for grant funds from the Washington State Transportation Improvement Board; and WHEREAS, pursuant to RCW 35.77.010, a public hearing to consider amending the 2014-2019 Transportation Improvement Program for the City of Auburn was held on August 19, 2013 at the hour of 7:30 p.m. in the Council Chambers of the Auburn City Hall, pursuant to notice published in the legal newspaper of the City of Auburn on August 8, 2013; and WHEREAS, said amendment to the 2014-2019 Transportation Improvement Program of the City of Auburn was approved by the City Council by motion duly made and carried in said hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. There is attached hereto and denominated as Exhibit “A” and the terms of which are incorporated herewith by reference as though fully set forth, a designation of the streets within the corporate limits of the City of DI.A Page 77 of 109 --------------------------- Resolution No. 4979 July 30, 2013 Page 2 of 3 Auburn to be improved in the manner therein set forth during the year set for the improvement of such street or streets. Section 2. That the City Engineer of the City of Auburn is hereby directed to forward a certified copy of this Resolution to the Washington State Department of Transportation for filing not more than thirty (30) days after the adoption of this Resolution. Section 3. That the Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. DATED this ____ day of August, 2013 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: ______________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: DI.A Page 78 of 109 --------------------------- Resolution No. 4979 July 30, 2013 Page 3 of 3 _____________________ Daniel B. Heid, City Attorney DI.A Page 79 of 109 ARTERIAL STREET FUND (102)Capital Facilities Plan Six Year Capital Facilities Plan, 2014-2019 Special Revenue Fund Project Title: S 272nd/277th St Corridor Capacity & Non-Motorized Trail Improvements TIP # 6 Project No:c222a0 Project Type:Capacity Project Manager:Ryan Vondrak LOS Corridor ID# 15 Budget: 2013 YTD Actual 2014 2013 Budget Budget Expenditures Budget Balance - - - - - - - - - - - - Activity: (Previous Yrs)2013 YE 2014 Year End Total Project Funding Sources:Prior to 2013 Estimate 2014 Budget 2015 Budget Project Total Cost Unrestricted Street Revenue 24,825 380,125 2,700 - 407,650 407,650 Grants (Fed,State,Local)- 833,100 170,300 4,000,000 1,003,400 5,003,400 Traffic Impact Fees - - - 581,800 - 581,800 Other (Development Funds)*- - 1,300,000 1,000,000 - 2,300,000 Other - - - - - - 24,825 1,213,225 1,473,000 5,581,800 1,411,050 8,292,850 Capital Expenditures: Design 24,825 1,213,225 153,000 - 1,391,050 1,391,050 Right of Way - - 1,320,000 - 1,320,000 1,320,000 Construction - - - 5,581,800 - 5,581,800 24,825 1,213,225 1,473,000 5,581,800 2,711,050 8,292,850 Total Expenditures 2016 2017 2018 2019 2014-2019 Beyond 2019 Funding Sources: Unrestricted Street Revenue - - - - 2,700 - Grants (Fed,State,Local)- - - - 4,170,300 - Traffic Impact Fees - - - - 581,800 - Other (Development Funds)*- - - - 2,300,000 - Other - - - - - - - - - - 7,054,800 - Capital Expenditures: Design - - - - 153,000 - Right of Way - - - - 1,320,000 - Construction - - - - 5,581,800 - - - - - 7,054,800 - Grants / Other Sources: Total Expenditures: Adopted Budget Budget Amendments Adjusted Budget Total Funding Sources: Total Expenditures: Forecasted Project Cost: Total Funding Sources: Description: This project includes preliminary engineering, design, right of way acquisition and construction of major widening on S 277th Street, including the addition of three lanes, one westbound and two eastbound, a Class 1 trail, and storm improvements. The project extends from Auburn Way North to L Street NE, approximately 0.9 miles. Progress Summary: Staff is coordinating with the City of Kent and King County to complete annexation of the roadway in to the City of Auburn. Robertson Properties Group is participating in this project and is dedicating all necessary roadway frontage to the City. Consultant design started in 2013, ROW is expected to be completed in 2014 and construction in 2015. Future Impact on Operating Budget: The annual maintenance costs for this project is estimated to be $27,250. DI.A Page 80 of 109 ARTERIAL STREET FUND (102)Capital Facilities Plan Six Year Capital Facilities Plan, 2014-2019 Special Revenue Fund Project Title: 37th St SE & A St SE Traffic Signal Safety Improvement TIP # 68 Project No:cpxxxx Project Type:Intersection Improvement, Non-capacity Project Manager:TBD LOS Corridor ID# 10 Budget: 2013 YTD Actual 2014 2013 Budget Budget Expenditures Budget Balance - - - - - - - - - - - - Activity: (Previous Yrs)2013 YE 2014 Year End Total Project Funding Sources:Prior to 2013 Estimate 2014 Budget 2015 Budget Project Total Cost Unrestricted Street Revenue - - 55,000 45,000 55,000 100,000 Grants (Fed,State,Local)- - 121,400 440,000 121,400 561,400 REET 2 - - - - - - Traffic Impact Fees - - - - - - Other - - - 152,500 - 152,500 - - 176,400 637,500 176,400 813,900 Capital Expenditures: Design - - 110,000 - 110,000 110,000 Right of Way - - 66,400 - 66,400 66,400 Construction - - - 637,500 - 637,500 - - 176,400 637,500 176,400 813,900 Total Expenditures 2016 2017 2018 2019 2014-2019 Beyond 2019 Funding Sources: Unrestricted Street Revenue - - - - 100,000 - Grants (Fed,State,Local)- - - - 561,400 - REET 2 - - - - - - Traffic Impact Fees - - - - - - Other - - - - 152,500 - - - - - 813,900 - Capital Expenditures: Design - - - - 110,000 - Right of Way - - - - 66,400 - Construction - - - - 637,500 - - - - - 813,900 - Grants / Other Sources:Other Funds are Fund 105 Arterial Preservation Funds Total Expenditures: Budget Amendments Adjusted Budget Total Funding Sources: Total Expenditures: Forecasted Project Cost: Total Funding Sources: Description: This project consists of the design, right of way acquisition and construction of a new traffic signal at 37th St SE & A St SE. Progress Summary: Future Impact on Operating Budget: The annual maintenance cost for this project is estimated to be $500. Adopted Budget DI.A Page 81 of 109 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4963 Date: July 31, 2013 Department: Information Services Attachments: Resolution No. 4963 Zonar Subscription Agreement Quote Fleet Management Pricing Breakdown Budget Impact: $65,908.35 (3 Years) Administrative Recommendation: Finance Committee recommends City Council adopt Resolution No. 4963. Background Summary: Resolution 4963 allows the City to enter into an agreement with the company "Zonar" to equip 45 City fleet vehicles with AVL (Automatic Vehicle Locator) devices. Specifically, the agreement will provide wireless GPS devices to track vehicle movements, idle time statistics including fuel consumption estimates, and activities such as plowing, sanding, bucket truck use, and reporting requirements for operations, FEMA, and various other operational enhancements. The system will also implement driver log technology to track user/ driver information as well as utilizing RFID wireless inspection scanner technology to track, locate, manage, map. The proposed solution will assist the City in reducing operational costs and enhance operational safety and local, state and Federal reporting requirements. Funding for this project was approved by Council in the 2013/2014 operating budget. The Innovation & Technology department has been working with vendors and staff to identify and implement an automatic vehicle locator (AVL) system which meets the needs of the City of Auburn. A need was identified by various departments across the city to track, monitor, report, and map activities of fleets but also better manage resources and fuel consumption. I & T identified multiple vendors capable of this service, and performed 30 day pilots on both vendors systems. We identified vehicles, and installed equipment and services to test functionality, efficiency, cost, up-front and ongoing, as well as ease of use, installation, and various situations and vehicles. Zonar was capable of providing all the user requirements, as well as numerous other additions for a fraction of the price AUBURN * MORE THAN YOU IMAGINEDDI.B Page 82 of 109 allowing twice the vehicle count and features to be tested. The previous systems tested were not capable of driver logging, vehicle inspections, and tracking as was Zonar. Zonar is a local company located in Seattle, utilizing AT&T services with local support and installation. Local customers and references include City of Tukwila, City of Kent, Tacoma Public Utilities and Seattle Light to name a few. Equipment comes with a 5 year warranty, 3 year contract, and 5 year data retention agreement. Project Budget Approved by Council 2013/2014 Budget $103,389.00 Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Tiedeman Meeting Date:August 5, 2013 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 83 of 109 RESOLUTION NO. 4 9 6 3 A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF AUBURN, WASFIINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF AUBURN AND ZONAR FOR ELECTRONIC FLEET MANAGEMENT SERVICE WHEREAS, City staff has detertnined that an Electronic Fleet Management EFM") system would help monitor fuel economy and vehicle maintenance; and WHEREAS, Zonar Systems, Inc. supplies EFM technology; and WHEREAS, staff entered into a three month pilot test with Zonar, and recommends entering into a longerterm agreement; NOW, THEREFORE, THE GITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerfc are hereby authorized to execute a Subscription Agreement between the City and Zonar for Electronic Fleet Management Services which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4963 June 17, 2013 Page 1 of 2DI.B Page 84 of 109 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of _2013. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, Ciry Clerk APP FO iel B. Heid, Attomey Resolution.No. 4963 June 77, 2013 Page 2 of 2DI.B Page 85 of 109 SUBSCRIPTION AGREEMENT (Purchase) P.O. #________________ Quotation # _ LICENSOR: Zonar Systems, Inc. (Zonar) SUBSCRIBER: A Washington Corporation City of Auburn, Washington 18200 Cascade Ave. S., Suite 200 25 W Main St Seattle, WA 98188 Auburn, WA 98001 Telephone: 206.878.2459 Telephone: 253-288-3160 Fax: Fax: 206.878.3082 Email: rtiedeman@auburnwa.gov Website: www.zonarsystems.com Location: Auburn, WA Customer Type: State and Local – SL GPS Data Retention: ☐ 6 Months ☒ Annual SUBSCRIPTION: Zonar grants Subscriber a limited right to access and use its fleet telematics web application and related software during th e Term and at the Location(s) set forth above exclusively for Zonar’s current service offerings and as provided in the attached Terms of Use. All rights not expressly granted to Subscriber are reserved to Zonar. SERVICES: Zonar will provide Subscriber with the Services including activation, 24/7 access to Zonar Ground Traffic ControlTM (Fleet Management Web Application), email & phone support, software upgrades, daily account monitoring, and all associated wireless data charges, provided Subscriber is not in breach of any obligation under this Agreement. TERM: This Agreement will commence upon the Effective Date and continue thereafter for three (3) years (the “Initial Term”). , Subscriber may opt to renew for additional one year terms (together with the Initial Term, the “Term”), subject to payment by Subscriber of the then current Subscription Fees, if Subscriber provides Zonar written notice of its intent not to renew this Agreement at least sixty (60) days prior to the expiration of the then current term. The Terms of Use may be subject to modification on 30 days’ notice by Zonar . Early termination fees will be waived if Subscriber provides reasonable evidence that funding was not approved. QUOTATION: The attached Quotation sets forth the Hardware and Services to be delivered to Subscriber under this Agreement, the prices, a nd delivery terms and any additional terms applicable thereto. The Quotation shall be good for 30 days and upon execution of this Agreement by Subscriber shall constitute a binding purchase order. FEES: After the Initial Term, all fees and charges (including the Subscription Fee) are subject to chan ge on the annual anniversary date of this Agreement upon at least thirty (30) days’ written notice. All fees and charges are “net” and are not subject to set off or r eduction. The initial Subscription Fee is due upon execution of this Agreement and all other fees and charges are due as provided in the attached Quotation. Thereafter, the annual Subscription Fee shall be due and payable in advance on annual anniversary date of this Agreement. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. Zonar shall be entitled to withhold performa nce and suspend the Service until all amounts due are paid in full. REMEDIES: Breach by Zonar. Subscriber agrees that its sole remedy as a subscriber for defective equipment during the warranty period is the repair and replacement of the equipment. Zonar shall not be liable to Subscriber or any third party for any general, special, punit ive, incidental, indirect or consequential damages, or any lost profits or business, arising out of this agreement. Breach by Subscriber. If Subscriber fails to make any payment due or otherwise violates any term or condition of this Agreem ent, Subscriber may be declared in default upon notice and failure to cure for 15 days. Upon declaration of default, all amounts due under this Agreement during the entire term hereof shall become immediately due and payable including, without limitation, the cost to repair or replace damaged equ ipment, interest and costs and expenses of collection. Zonar shall also have the right to terminate this Agreement and recover any other remedy p ermitted by law. INTELLECTUAL PROPERTY: Zonar retains all right, title and interest and all related intellectual property rights in and to the Service and Zonar’s Confidential Information, including any corrections, enhancements, updates or other modifications, including custom modificat ions, thereto, whether made by Zonar, Subscriber or any third party. Except as expressly set forth herein, no express or implied license or right o f any kind is granted to Subscriber regarding the Service or any part thereof. Under no circumstances shall Subscriber sell or transfer any purchased Hardware, reconstruct or repair such Hardware, or reverse engineer or otherwise attempt to learn the trade secrets, know how or other intellectual pro perty embodied therein. Subscriber agrees that Zonar may collect data regarding Subscriber’s use of the Service and analyze, use and disclose such data in an aggregated format (“Aggregated User Data”) for Zonar’s business purposes; provided such Aggregated User Data is not personally identifiable or subscriber identifiable. LIMITED WARRANTY: Zonar warrants that the Hardware provided under this agreement is free from all material defects in workmanship under normal use and service. Zonar’s warranty period for its Hardware is as follows: V Series HD GPS Product Line – 5 Years; EVIRTM – 3 Years; All Other Hardware – 1 Year. The warranty period runs from the date of shipment. Provided that the Hardware is used and handled as intended, Zon ar will replace any failed or functionally impaired Hardware with equivalent Hardware in terms of performance and functionality. This warranty does not apply to any Hardware that has been misused, altered, willfully abused or that has been damaged due to improper installat ion by the customer. Hardware installations must follow Zonar’s equipment specific installation guidelines. If product returned is determined to be damaged due to any of the aforementioned circumstances, the Customer will be charged the price of a refurbished unit plus shipping and handling. R eturn of any Hardware requires a Return Material Authorization (RMA) number. All RMA’s must be pre-authorized by Zonar Customer Care at: E-mail: Customercare@zonarsystems.com. Phone: 1 877 THE EVIR. THIS LIMITED WARRANTY IS MADE TO SUBSCRIBER ONLY AND IS IN LIEU DI.B Page 86 of 109 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ZONAR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WHICH MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. DISCLAIMER: Subscriber is solely responsible for controlling access to the System, reviewing inspection reports, and taking appropriate action with respect to vehicles for which inspection reports have been submitted using the System. ENTIRE AGREEMENT: This Agreement (including Terms of Use, EULA, ID Agreements (optional suggestions for Subscriber to consider in implementing a verified inspection program) and Quote) constitutes the entire agreement between Zonar and Subscriber with res pect to the subject matter hereof, and supersedes all previous written agreements between Zonar and Subscriber with respect to such subject matter. CONTROLLING TERMS: All products licensed or purchased by Subscriber from Zonar during the term of this Agreement shall be subject to the terms and conditions of this Agreement. Any terms or conditions appearing on the face or reverse side of any purchase order, acknowledgment, or confirmation that are different from or in addition to those required hereunder shall not be binding on the Parties, even if signed and returned, unless both Parties agree in a separate writing to be bound by such different or additional terms and conditions. GOVERNING LAW: The parties agree that this Agreement shall be interpreted under the laws of the State of Washington, and that j urisdiction and venue shall be only in King County, Washington. ELECTRONIC COPIES: Facsimile or scanned signatures will be deemed originals. READ AND AGREED Subscriber: _______________________________________________ Print Name: _________________________ Date: ________ Rev: 24Jan2013 DI.B Page 87 of 109 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 ZONAR TERMS OF USE 1. DEFINITIONS. (a) The term “Hardware” encompasses any of: the Zonar 2010TM (EVIRTM) handheld, the 2010TM handheld vehicle mount (GPS VM), zone/asset/driver RFID tags, K12TM GPS device, V3 TM GPS, device V2TM GPS device, V2JTM GPS vehicle diagnostics device, VTECU TM GPS vehicle diagnostics device, V2/V2J antennas/cables & mountin g bracket, ZpassTM RFID reader, ZpassTM interface box/mounts & cables, DataTracTM RFID hub odometer, Reader Download Station (RDS), EVIRCOMTM modem, and other devices identified in a Zonar provided Quotation or Zonar provided materials. (b) “Intellectual Propert y” means cop yrights, trademarks and service marks (whether registered or unregistered), trade secrets, patents, patent applications, contract rights, know-how and other proprietary rights. (c) “Software” means the firmware i n the Hardware, the Ground Traffic ControlTM (GTCTM) web based application, the Zonar Intelligent Navigation & Guidance (ZINGTM) messaging & dispatch application, the ZTIPTM time & attendance application, the ZAlertTM missed inspection application, the RedBoardTM missed inspection application, the ZpassTM client side student tracking program, the ZonarComTM client side program to transmit EVIRTM inspection reports to GTCTM, and an y other software associated with Zonar Products (Hardware or Software), including the associat ed computer code. (d) “Data” means all subscriber generated data including Electronic Vehicle Inspection Report (EVIRTM) related data, Telematics related data, ZPassTM data, ZingTM messaging and routing related data, and J3TM related data. (e) “Subscriber Materials” means the materials designated as such and provided by Zonar to Subscriber regarding use of the Zonar Products (Hardware or Software), including but not limited to GTCTM, Zonar’s web based application for accessing subscriber Data. (f) “Subscription Fee” means the annual service fee for the right to access and use Zonar Products (Hardware or Software) as set forth in your Zonar provided Quotation/Purchase Order. (g) “Terms of Use” shall mean all rules, terms and conditions set forth in this Agreement or otherwise established now or hereafter by Zonar regarding permissible or impermissible uses of, or activities related to Zonar Products (Hardware or Software). 2. SUBSCRIBER OBLIGATI ONS. (a) Computer related obligations: (i) Internet access to Zonar’s web based applications through an Internet service provider; (ii) hardware and software to enable such connection, and (iii) any permissions or authorizations required for such connection. (b) Subscriber is responsible for ensuring that only authorized persons have access to Zonar’s web based applications and for the securit y of Subscriber’s computer system and the connection to Zonar’s web based applications , without limitation: (i) ensuring that Subscriber’s password and all other means and methods of access to Zonar’s web based applications are kept absolutely confidential and that all Users and Drivers comply with the terms of the ID Agreements; (ii) ensuring that an y telephone numbers or any information relating to Zonar’s web based applications , the security of Zonar’s web based applications , the encryption methods used and all or an y other security features are kept absolutely confidential; and (iii) ensuring that the use of the Zonar’s web based applications by Subscriber is under the control and authority of a proper and adequately trained employee. (c) Subscriber will install, use, maintain and remove the Hardware according to Zonar’s specifications, will safeguard the Hardware from loss or damage of any kind, and will not permit anyone other than an authorized representative of Zonar to perform any work on the Hardware. Except for ordinary wear and tear covered by the limited warrant y, Subscriber is responsible for all Hardware damaged, destroyed, lost or stolen while in Subscriber’s possession and shall be liable for the cost of repair or replacement of the Hardware and remain responsible for the Subscription Fee during an y such repair or replacement period. (d) If Subscriber is not the owner of the propert y upon which Hardware and Software are to be installed, Subscriber shall obtain the written consent of the owner of the premises and/or property for Zonar personnel and/or its agents to enter the premises for the purposes of installing, maintaining and retrieving the same. 3. DATA STORAGE. DI.B Page 88 of 109 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 Subscriber understands that unless Subscriber purchases data retention services, Zonar will have the right to purge all data submitted by Subscriber as follows: (a) Subject to purge after 3 months, 6 months, or 12 months, as elected by Subscriber in Subscription Agreement. Note that EVIR data (i.e., inspection data) generally needs to be kept for at least 90 days (FMCSR Part 396.11 (c)(2)), and certain jurisdictions may require inspection reports for pupil transportation to be kept for longer periods. Zonar enables customers to select to retain EVIR data for ei ther 3 months or 12 months. Note that GPS data has different regulatory retention requirements. If your drivers are required to maintain driver’s logs o r hours of service log books, GPS data is currently considered by the USDOT/FMSCA to be supporting documenta tion for such duty status records and thus must be maintained for a period of 6 months. Per 49 CFR 395.8 each motor carrier must maintain records of duty status and supporting documents for each driver it employs for a period of six months. This now includes records from GPS and other advanced information technology systems. You may determine that your fleet wants to retain such records for longer periods. Zonar enables customers to select to retain GPS data for either 6 months or 12 months. If your organization requires different data retention requirements please work with your Zonar sales rep to c ommunicate your requirements. Different data retention periods may be available, and may require an additional fee. (b) Unless Subscriber has made other arrangements in writing with Zonar, all data submitted using Zonar’s web based applications may be purged as provided above. The Subscriber must reaffirm this request annually during the renewal process. (c) Subscriber shall be solely responsible for printing data and inspection reports for vehicles involved in an accident. Subscriber underst ands and agrees that Zonar is not required to retain records except as provided in Paragraph 3a or in a separate written agreement. 4. WIRELESS DATA POLICIES. (a) Subscriber understands and agrees that Subscriber has no contractual relationship with a wireless carrier and Subscriber is not a third-part y beneficiary of an y agreement between Zonar or a Zonar Agent and a wireless carrier. Subscriber understands and agrees that the underl ying wireless carrier shall have no legal, equitable or other liability of an y kind to Subscriber. (b) Subject to FCC Number portability rules, Subscriber has no property or other rights in any Number assigned to it and Subscriber understands that any such Number can be changed from time to time. (c) Subscriber agrees that Zonar shall not be responsible for interruption of service for any reason or the inability to use the service caused by Force Majeure. (d) Subscriber understands and agrees that the liabilit y and obligation of Zonar to Subscriber for services may be controlled and limited b y a wireless carrier’s tariff, if an y, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. (e) In no event shall Zonar be liable for the failure or incompatibility of any equipment not provided by Zonar utilized by Subscriber in connection with the Service. 5. OWNERSHIP. (a) Subscriber grants Zonar the right to use all data submitted to Zonar’s web based applications for any and all purposes, including to purge such data as provided in Section 3 and to create compilations of such data as long as Zonar will not identify the data source as being from the Subscriber nor portray the data in such a manner as to identify the Subscriber. Subscriber agrees that Zonar shall own all compilations of the data created by or for Zonar. (b) Certain ones of Zonar Products (Hardware and Software) and components thereof provided by Zonar for the Subscriber’s use are protected by patent, cop yright, trade secret, trademark, international treaties, and/or other laws. Subscriber agrees that Zonar owns all proprietary rights in Zonar Products (Hardware or Software) and an y corrections, enhancements, updates or other modifi cations, including custom modifications, thereto, whether made by Zonar or any third part y. (c) At all times during and after the termination or expiration of this Agreement, Subscriber and its employees and agents shall maintai n the confidentiality of trade secret information to the extent permitted by law. Subscriber shall not disclose any such proprietary information concerning Zonar Products (Hardware and Software), including any flow charts, logic diagrams, user manuals and screens, to persons not an employee of Subscriber except in accordance with Section 12.2 of this Agreement. 6. SUBSCRIBER POLICIES. Subscriber understands that Zonar’s web based applications record data submitted by the Operator regarding the time, date, location, type of inspection, equipment inspected, and the inspector. Zonar’s web based applications do not verify that an inspection has actually been conducted or the results. Zonar SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO INSPECTIONS CONDUCTED BY OR FOR SUBS CRIBER. 7. WAIVER. Failure by either party to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. DI.B Page 89 of 109 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 ZONAR END USER LICEN SE AGREEMENT GRANT OF LICENSE: The Software Products are licensed, not sold. This EULA grants Licensee the following rights: 1. Grant. Licensee may install and use the Software Products on computers located at Licensee’s place of business to be used in conjunction with Zonar’s web based applications for Licensee’s business, pursuant to the terms and conditions herein. This license provides no ownership interest. 2. Description of Other Rights and Limitations on Reverse Engineering, Decompilation, Disassembly, Copying a nd Distribution. Licensee may not reverse engineer, de-compile, or disassemble the Software Products. 3. Software Transfer. Licensee may not sub-license or otherwise transfer its rights under this EULA without prior written permission of licensor. Licensee may not copy or distribute the Software Products except as provided in paragraph 1 without Zonar’s express, written approval. 4. Software Updates. Zonar may from time to time, update, modify, improve or enhance the Software Products solely at its option. Zonar may make these software updates available to subscriber. Any updates made available to subscriber shall be covered by this EULA. 5. Warranty and Disclaimer. 5.1 Subscriber acknowledges and agrees that performance of the Software Products may vary, depending on Subscriber’s hardware and operating system, and other factors beyond Zonar’s control, and that Zonar does not warrant that the Software Products wi ll meet Subscriber’s requirements or perform continuously without error. However, subject to the limitations set forth in Sections 6 and 7, Zonar warrants that the Software Products will perform as part of Zonar’s web based application substantially as described, provided that the Software Products are used only on the equipment and in the environment for which they were designated and configure d. This limited warranty is given to Subscriber only and may not be transferred to any other person. 5.2 ZONAR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF COMPATIBILITY WITH OTHER SOFTWARE PRODUCTS, OR ANY WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT) OTHER THAN THE LIMITED WARRANTY PROVIDED UNDER PARAGRAPH 5.1 ABOVE. EXCEPT FOR THIS LIMITED WARRANTY, SUBSCRIBER WAIVES ANY AND ALL WARRANTIES WHICH MIGHT HAVE ARISEN, OR MIGHT LATER ARISE, FROM COURSE OF PERFORMANCE OR DEALING, OR USAGE OF THE TRADE AND RELEASES ZONAR FROM ALL LIABILITY FOR LOSS OR DAMAGE SUSTAINED RELATING THERETO. 6. Exclusive Remedies. Subscriber’s exclusive remedies under the limited warranty provided under Pa ragraph 5 are as follows: 6.1 If notified by Subscriber in writing of a problem during the warranty period, Zonar, at its option, will either (a) at no cha rge repair or replace each Software Product to make the item operate as warranted, or (b) refund to S ubscriber the amount actually paid by Subscriber for such item. Zonar makes no warranty and shall incur no liability for defects in the Software Products or damag es resulting therefrom in the event that Subscriber (a) modifies the Software Product, (b) op erates the Software Product or uses it for a purpose other than as specified by Zonar, (c) operates the Software Product on computer products or devices that do not meet the minimum sy stem configuration as set forth in the documentation or as notified by Zonar, or (d) breaches this Agreement in any way. 6.2 THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF ZONAR AND THE RIGHTS, CLAIMS AND REMEDIES OF SUBSCRIBER SPECIFICALLY SET FORTH IN SUBSCRIBER’S SUBSCRIPTION AND LICENSE AGREEMENT WITH ZONAR ARE EXCLUSIVE. SUBSCRIBER HEREBY RELEASES ZONAR FROM ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES AND HEREBY WAIVES ALL OTHER RIGHTS, CLAIMS, AND REMEDIES AGAINST ZONAR, ITS OWNERS, OFFICERS, OR EMPLOYEES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESP ECT TO DI.B Page 90 of 109 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 ANY AND ALL EQUIPMENT, SOFTWARE, OR OTHER TANGIBLE OR INTANGIBLE ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. 7. Limitation of Liability. 7.1 ZONAR SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE, PROFIT, OR DATA), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, ARISING OUT OF T HIS AGREEMENT, THE SOFTWARE TO BE LICENSED THEREUNDER, AND/OR THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ZONAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY TO SUBSCRIBER IN CONNECTION WITH THIS AGREEMENT, THE SUBSCRIBER’S SUBSCRIPTION AND LICENSE AGREEMENT WITH ZONAR, OR THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM OR ACTION OR FAILURE OF ESSENTIAL PURPOSE, EXCEED THE VALUE OF ANY UNPAID SUBSCRIPTION FEES REMAINING TO BE PAID BY SUBSCRIBER TO ZONAR UNDER SUBSCRIBER’S SUBSCRIPTION AND LICENSE AGREEMENT, NOT TO EXCEED THE MAXIMUM VALUE OF THE AGREEMENT. 7.2 Subscriber acknowledges and agrees that the fees charged by Zonar for the Software Products reflect the allocation of risks provided by the foregoing limitation of liability. By using the Software Product, Subscriber acknowledges and represents that it has read and understands these allocations of risk limiting the liability of Zonar, and that it understands that a modification o f the allocation of risks set forth in this Agreement would affect the fees charged by Zonar, and that Subscriber, in consideration of such fees, agrees to such allocation of risk. 8. Termination Without Prejudice to Any Other Rights. Zonar may terminate this EULA if Licensee fails to comply with the terms and conditions of the EULA. In such event, Licensee must destroy all copies of its Software Product and all of its com ponent parts. 9. Copyright and Patent. All title and copyrights in and to the Software Products including but not li mited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the software products, the accompanied pr inted materials and any copies of the software products are owned by Zonar, and are protected under U.S. copyr ight law, as well as applicable copyright treaties. Removal or obscuring of any copyright, trademark notice or restriction legend is prohibited. 10. Attorney’s Fees; Governing Law and Jurisdiction. In any action to enforce this agreement, the prevailing pa rty shall be entitled to recover, in addition to any and all other relief, his reasonable attorney’s fees, costs and expenses incurred in such enforcement action. The parties agree that the state and federal courts in King County, Washington, shall have e xclusive jurisdiction with respect to any dispute arising out of this agreement. This agreement shall be construed and enforced in accordance with the laws of the State of Washington, without giving effect to its choice of law provision. 11. Export Licensing. Licensees shall not use or otherwise export or re-export the Software Products or any underlying or information or technology except in full compliance with all United States and other applicable laws and regulations. In part icular, but without limiting the generality of the foregoing, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, or Syria or any other country to which such export or re-export would be contrary to U.S. Department of Commerce Export Administration Regulations or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated nationals or the U.S. Commerce Department’s Denied Agreement, Licensee agrees to the foregoing and represents and warrants that Licensee is not located in, under control of, or a national or resident of any above-referenced country or list. 12. Government User. 12.1. U.S. GOVERNMENT RIGHTS. If Licensee is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, discl osure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in DFARS 252.227- 7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202 -1 (DOD policy on commercial computer software), FAR 5 2.227-19 (JUN 1987) (commercial software clause for civilian agencies), DI.B Page 91 of 109 ELECTRONIC FLEET MANAGEMENT www.zonarsystems.com 18200 Cascade Ave. S. Seattle, WA 98188-4728 Toll-Free 1.877.843.3847 Phone 206.878.2459 Fax 206.878.3082 DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this Lic ense, the construction that provides greater limitations on the Government’s rights shall control. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a proprietary commercia l product and not subject to disclosure. 12.2. Washington’s Public Records Act Zonar acknowledges that Subscriber is subject to Chapter 42.56 of the Revised Code of Washington “Public Records Act.” As such, Subscriber may receive requests for documents related to this Agreement, which docu ments may contain Confidential Information. Notwithstanding any other provision of this Section 12 .2, if the City receives a request for documents that may apply to the Software Products, Subscriber will notify Zonar of the request. Zonar shall have fifteen (15) calendar days after the City sends notification to obtain an injunction preventing Subscriber from releasing the documents. Zonar agrees that if a court of competent jurisdiction orders Subscriber to release the documents, and to pay penalties, costs, or attorney’s fees based on Zonar’s assertion of an exemption to the Public Records Act, Zonar will reimburse Subscriber in full. 13. Injunctive Relief. Subscriber acknowledges that copying or unauthorized use of the software or other violations of the terms of this agreement would irreparably injure Zonar, which injury could not be adequately compensated for by money damages. Subscriber agrees that Zonar may seek and obtain injunctive relief for breach or threatened breach of any provision of this agreement , in addition to, and not in limitation of other legal remedies. DI.B Page 92 of 109 w QUOTATION Guote Numtier. Q134878 INSPECT • TRACK • KNOW 18200 Casc3de Ave S Quote Date: Seattle,WA 98188 07/10/13 www.mrqrsystems.com Volce: 206.878.2458 Pege: Faxt 2U6.878.3082 1 R.5 ';F'h*, t: .w4 'v:l " YCity of Aubum;WA Attn:Jim Felry 1305 C St SW Auburn,WA 98001-5910 USA _ t AU61834 p8/09/13 Net 30 Y K e Ross Brun 1; New Purchase 14 H40001 Ground Tralfic Controi Package 269.96 3,779.44 , 14 80972 WW 9/B Pin Cable 17.86 251.44' 26 F140003 Light Dutyiradc&Trace Pkg 269.86 7,018.96 28 10D07 GPS 4PIN Power Cabie 17.96 466.96 28 80046 Inline Fuse Ktt 14 H40005 CSA fnspection Package 242.96 3,401.44 3 HSANT01 CiPS Arrterma Kit 26.95 80.85 ; 17 80059 5 Pin Daia VO Cable 17.95 305.75 Pilot Units Already On-site 4 PILOT V3 Light;Duty GTC Package PBot 287.96 1,151.84 4 CABLE Light Duty Cabte IQt 17.96 71.84 t PILOT V3 IJght Duty 7rack/Trace Pilot 268.95 269.95 1 CABLE GPS 4PIN Power Cabie 17.85 17.95 1 PfLOT EVIR CSA Inspedlon Package-PIIM 242.85 242.95 1 CABLE 5 Pln Data UO Cable 17.95 17.95 1 GRANT CredR To Pald Pilot 2,495.00 -2,495.00 40 SACTOt QSM Activation(Per Asset) 25.00 7,000.00 14 540001A-3 • Annuai GTG Package Service 311.88 4,368.32 14 COMP One MoMh Complimernary Service' 25.99 363.88 27 540003A-3 Annual Light Duty Package Servfce 215.88 5,828.76 27 GOMP One Month Complimentary Service• 17.99 485.73 4 540020A-3 Mmial UgM Dury OTC Service 239.88 959.52 4 COMP One Month Comppmentary Service' 19.99 79.96 15 540005A-3 Annual CSA Inspection Package Svc 84.00 1,280.00 15 COMP One MoMh Complimentary Service' 7.D0 705.00 18 548004A-1 Artnual Data VO Service 56.00 , 648.00 18 CAMP One Ma th Oomplimenqry Service' 3.00 ' 64.00 45 MSAD71 Annuai DaW Retention Module 24.00 1,080.00 45 COMP One Month Complimentary Servlce` 2.00 90,00 40 INS'I" Installatlon o1 GPS and Irispection 70.00 2,80b.U0 ; 17 INST Installation of UO Gables 20.00 340.00 I DI.B Page 93 of 109 QUOTATION Guote Number: Q134878 INSPECT • TRACK • KNOW I 18200 Cascade nve S ouae nate: Seattle,WA 96186 07q0/13 www:zonarsystems.com j Vo1ce: 206.878.2459 Pege: j Fax: 206.878.3082 2 y i yy _gT. itl Ciry W Aubum.WA Attn:Jim Felty 1305G St 3W Aubum,NiA 88001•5810 USA i 1.• re' 3. s., t ; AU61934 08l09/13 Net 90 Da K e Ross Bru f - m - - 1.; 1 FREIGHT Shipping and Handling 132.00 132.00 fnstallation to be Pertormed by Foss Audlo All 4BIN Installadons Will Cost an Additlonal$tylnstallatlon Three Year Contract Requlretl' Eady Terminatfon faes Will Apply Zonar to SendRetum Shipping Label tor 2 VlRual Trainer Unfts Upon Receipl of PO I Subtotal: 31,817.77 Total Sales Tax: 8,258.71 o — DI.B Page 94 of 109 # o f V e h i c l e s T o t a l 45 # o f N e w V e h i c l e I n s t a l l a t i o n s 40 # o f P i l o t V e h i c l e s ( c u r r e n t l y i n s t a l l e d - 1 E V I R , 4 L i g h t D u t y ) 5 # o f V e h i c l e s w / E V I R ( D i e s e l ) 14 # V e h i c l e s w i t h G P S o n l y ( L i g h t D u t y P k g ) 26 # o f I / O s n e e d e d ( i n s t a l l e d t o d e v i c e s n o t v e h i c l e s ) 18 # o f V e h i c l e s n e e d i n g e x t e r n a l a n t e n n a 3 On e - T i m e C o s t s M o n t h l y C o s t s P e r U n i t Nu m b e r o f Ve h i c l e s O n e T i m e Co s t An n u a l C o s t s CreditGrand Total $2 6 9 . 9 6 $2 5 . 9 9 14 3, 7 7 9 . 4 4 $ 4, 3 6 6 . 3 2 $ 363.86$ $1 7 . 9 6 14 25 1 . 4 4 $ $2 6 9 . 9 6 $1 7 . 9 9 26 7, 0 1 8 . 9 6 $ 5, 6 1 2 . 8 8 $ 467.74$ $1 7 . 9 9 2 21 5 . 8 8 $ 17.99$ $1 7 . 9 6 26 46 6 . 9 6 $ 26 $1 9 . 9 9 4 95 9 . 5 2 $ 79.96$ Zo n a r A V L P r i c i n g Bi l l a b l e I t e m s GP S D e v i c e ( G r o u n d T r a f f i c C o n t r o l P a c k a g e ) E V I R GP S 4 - P I N p o w e r c a b l e EV I R W W 9 / 6 P i n C a b l e An n u a l L i g h t D u t y P k g S e r v i c e Pi l o t A n n u a l L i g h t D u t y P k g S e r v i c e In l i n e F u s e K i t Pi l o t A n n u a l L i g h t D u t y G T C S e r v i c e ( O B D 2 C o n n e c t o r s ) $1 9 . 9 9 4 95 9 . 5 2 $ 79.96$ $2 4 2 . 9 6 $7 . 0 0 14 3, 4 0 1 . 4 4 $ 1, 1 7 6 . 0 0 $ 98.00$ $7 . 0 0 1 84 . 0 0 $ 7.00$ $1 7 . 9 5 $3 . 0 0 17 30 5 . 1 5 $ 61 2 . 0 0 $ 51.00$ $3 . 0 0 1 36 . 0 0 $ 3.00$ $2 6 . 9 5 3 80 . 8 5 $ $2 . 0 0 45 1, 0 8 0 . 0 0 $ 90.00$ 722.52$ $2 5 . 0 0 40 1, 0 0 0 . 0 0 $ $7 0 . 0 0 40 2, 8 0 0 . 0 0 $ $2 0 . 0 0 17 34 0 . 0 0 $ $1 3 2 . 0 0 13 2 . 0 0 $ $1 6 , 5 7 9 . 1 9 19 , 5 7 6 . 2 4 $ 14 , 1 4 2 . 6 0 $ 1,901.07$ 31,817.77$ GP S A n t e n n a K i t Ex t e n d e d D a t a S t o r a g e Fr e i g h t To t a l Ac t i v a t i o n F e e CS A I n s p e c t i o n P k g ( E V I R / P r e a n d P o s t T r i p I n s p e c t i o n ) 5 P i n D a t a I / O c a b l e Pi l o t A n n u a l L i g h t D u t y G T C S e r v i c e ( O B D 2 C o n n e c t o r s ) Pi l o t C S A I n s p e c t i o n P k g S e r v i c e Pi l o t A n n u a l D a t a I / O S e r v i c e Pi l o t C r e d i t ( S h o w n o n q u o t e a s P i l o t T o t a l $ 2 4 9 5 . 0 0 ) In s t a l l a t i o n o f G P S a n d I n s p c e t i o n In s t a l l a t i o n o f I / O C a b l e s DI.B Page 95 of 109 # of Vehicles Total 40 # of Vehicles w/ EVIR 14 # Vehicles with GPS only 26 # of I/O outputs needed 17 # of Vehicles needing Installation 28 # of Vehicles needing external antenna 3 One-Time Costs $269.96 - $17.96 $242.96 $26.95 $17.96 $29.95 $120.00 $25.00 5 Pin Data I/O cable 4-PIN power cable External Antenna Installation Extended Data Storage Activation Fee CSA Inspection Pkg (EVIR) Zonar AVL Pricing Billable Items GPS Device Ground Traffic Control (CDL) 6/9 Pin Cable $21,266.24 GPS 4PIN Power Cable 17.96 Total DI.B Page 96 of 109 Monthly Costs $17.99 $25.99 $7.00 $3.00 $2.00 $1,060.60 DI.B Page 97 of 109 AGENDA BILL APPROVAL FORM Agenda Subject: Capital Project Status Report Date: July 30, 2013 Department: Public Works Attachments: Capital Project Status Report Budget Impact: $0 Administrative Recommendation: Background Summary: See attached report. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Gaub Meeting Date:August 5, 2013 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 98 of 109 Date: July 31, 2013 No.Prom. No.Location/Description Priority Group (1-3) Street Funds (102/105/103) Water (430) Sewer (431) Storm (432) Other Total Budget % Complete Adv. Date % Complete Finish Date Project Manager Status 1 CP0915 Well 1 Improvements - Transmission Lines: This project is the first phase of a larger project and will replace water lines from the Well 1 Site to the Howard Road Corrosion Control Facility to accommodate the replacement of Well 1. This project will also upgrade the existing storm line on M Street SE to accommodate the Well 1 Improvements. - 1,943,697 831,904 2,775,601 2,031,856 100%Oct-12 100%May-13 Lee Final Pay is in process. 2 CP0909 Lakeland Hills Booster Pump Station: This project will update/replace the existing pump station in the Lakeland Hills water service area in order to meet fire flow demands. - 2,760,982 2,760,982 2,760,982 100%Oct-10 99%Aug-13 Vondrak Final Pay is in process. 3 C410A S. 277th Wetland Mitigation Monitoring: This project is an on-going project to complete the required monitoring and maintenance of the wetland mitigation sites for the S. 277th Grade Separation Project. Sites are located on the North property and at the corner of 44th St NW and Frontage Road. Permits require the City to monitor the sites for 10 years. - 325,343 325,343 324,606 100%Apr-11 98%May-14 Larson Construction Work is complete, however, the project is in the 2-year plant establishment period and the finish date reflects this. Budget and Costs shown is are for years 2006 thru 2013 of this 10 year process. Budget for 2013 only is $50,000. 4 C201A M Street Underpass (Grade Separation): The purpose of this project is to grade separate ‘M’ Street SE from the Burlington Northern Santa Fe Stampede Pass Rail line in Phase 1 and completion of the Auburn Black Diamond Road Bypass connection is a future phase. - 5,166,560 150,000 872,372 (Fed Grant) 5,990,000 (FMSIB) 2,630,509 (TIB) 1,133,978 (King City) 1,542,800 (Ports) 478,000 (BNSF) 1,140,000 (REET2) 2,772,752 (PWTF) 22,314,174 22,314,174 100%Dec-11 95%Aug-13 Vondrak M Street was opened to traffic on July 22. Property restoration and final wall and signal work is underway. 5 C524A SCADA System Improvement: This project will upgrade the City's SCADA system to meet Public Works goals. - 2,666,200 1,994,500 1,014,000 5,674,700 4,998,512 100%Nov-09 89%Dec-13 Lee Implementation Contract executed. Preliminary Design and Final Design are Complete. Installation of the Controls at M&O is complete and conversion of all 3 test sites are complete. The remaining site conversions are underway with 25 sites of 37 completed. 6 CP0909 Academy Booster Pump Station: This project will update/replace the existing pump station in the Academy water service area in order to meet fire flow demands. - 3,526,255 3,526,255 3,168,295 100%Sep-12 56%Apr-14 Vondrak Work is underway. Total Estimated Costs CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction Page 1 of 6DI.D Page 99 of 109 Date: July 31, 2013 No.Prom. No.Location/Description Priority Group (1-3) Street Funds (102/105/103) Water (430) Sewer (431) Storm (432) Other Total Budget % Complete Adv. Date % Complete Finish Date Project Manager Status Total Estimated Costs CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 7 CP1120 Lea Hill Safe Routes to Schools Improvements: This project will complete improvements for safe walking routes to Hazelwood Elem., Lea Hill elem., and Rainer Middle School along 116th Ave. SE and SE 312 St. - 34,000 398,500 (Federal) 21,597 (Police & ASD In Kind Services) 454,097 447,600 100%Jun-13 0%Oct-13 Truong Pre-con was held 8/1/13. Work is anticipated to begin the week of 8/5. 8 CP1302 2013 Pavement Patching, Chipseal and Overlay Project: This project will complete pavement patching, chip seal treatments and overlay work on both arterial/collector and local roadways for the purpose of preservation throughout the City. - 1,878,000 1,878,000 1,848,000 100%Jun-13 0%Nov-13 Wickstrom Pre-con was held 7/31/13. Work is anticipated to begin in August. 9 CP1225 West Valley Highway Preservation - 15th NW to 37th NW: This project will complete an overlay of WVH for the purpose of pavement preservation. 1 560,000 560,000 (Federal) 1,120,000 1,106,334 100%Jul-13 Dec-13 Wickstrom Project is advertised and opens bids on August 8th. 10 CP0912 Citywide Guardrail Improvements: This project will complete guardrail improvements along Kersey Way, Green River Road, and Mountain View Drive. 1 50,000 502,275 (Federal) 552,275 552,275 100%Jul-13 Dec-13 Sweeting Federal Funding is for Construction Only. Project is advertised and opens bids on August 20th. 11 CP1310 2013 Arterial and Collector Crack Sealing: This project will complete crack sealing on arterial and collector streets through out the City. 1 100,000 60,000 60,000 100%Jul-13 Oct-13 Carter Project is soliciting for bids and will open on August 6th. 12 CP1108 2011/12/13 Citywide Storm Pond Cleaning: This project will complete the removal of sediment from up to 16 storm drainage ponds located throughout the City and clean the ditch along A Street SE/East Valley Highway. 1 720,473 720,473 720,261 97%N/A Oct-13 Lee Work is included in the King County Road Services Agreement, scoping for the first task is complete for 3 ponds. Work is being scheduled. 13 CP1207 D Street NE Utility Improvements (Port of Seattle Mitigation): This project will complete storm, sewer, water and street improvements related to the Port of Seattle mitigation agreement on D Street NE. 1 170,000 337,797 2,796 42,200 (430 Port Mit) 162,203 (431 Port Mit) 597,204 (432 Port Mit) 1,312,200 1,312,200 95%Aug-13 Dec-13 Truong Design is underway. Coordination with private utilities is in process. 14 CP1118 Auburn Way South Pedestrian Improvements - Dogwood to Fir Street: This project will construct a new street lighting system, landscaped median island, a designated mid-0block crosswalk, relocation of existing utility poles, and modifications to the existing signal at Dogwood St. This project also includes a public education element for pedestrian safety. 1 100,000 740,830 (State) 100,000 (Federal) 940,830 1,085,730 92%Feb-14 Mar-15 Sweeting Consultant design work is underway and ROW acquisition process has begun but will likely take 3 to 6 months to complete. Project Scope is being revised to incorporate undergrounding of power lines with MIT funding. Page 2 of 6DI.D Page 100 of 109 Date: July 31, 2013 No.Prom. No.Location/Description Priority Group (1-3) Street Funds (102/105/103) Water (430) Sewer (431) Storm (432) Other Total Budget % Complete Adv. Date % Complete Finish Date Project Manager Status Total Estimated Costs CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 15 CP1119 Auburn Way South Corridor Improvements - Fir St. SE to Hemlock St. SE: This project will widen AWS between Fir and Hemlock Streets from 3 lanes to 5 lanes and includes new sidewalks, street lighting, transit improvements and install a new signal at Hemlock St. 1 849 2,426,400 (TIB) 606,600 (MIT) 3,033,849 3,033,849 92%Feb-14 Mar-15 Sweeting Consultant design work is underway and ROW acquisition process has begun but will likely take 3 to 6 months to complete. Project Scope is being revised to incorporate undergrounding of power lines with MIT funding. 16 CP0915 Well 1 Improvements - Well Replacement: This project will rehabilitate or replace Well 1 so that it can function at full capacity and complete modifications to the Howard Road Corrosion Control Facility. 1 2,476,568 2,476,568 2,400,000 85%Sep-13 Mar-14 Lee Consultant design is underway. 17 CP1107 Fulmer Wellfield Improvements: This project will be done in phases. The first phase 1A will complete investigation of the Fulmer Wellfield area to determine the required analysis and drilling program needed to utilize the full water rights. Phase 1B will complete a drilling and testing program as well as an alternatives analysis. Phase 2 will complete the physical improvements. 1 2,200,000 2,200,000 497,364 80%N/A Mar-14 Repp The estimated costs are for the Phase 1A only and will be revised when this phase is completed. Consultant work is underway. Advertisement date for installation of monitoring wells will be updated after completion of phase 1A. 18 CP1109 2011 Storm Pipeline Repair and Replacement, Phase 2: This project will construct storm drainage improvements on Hi-Crest Drive NW. 1 377,740 377,740 411,195 60%Sep-13 Dec-13 Lee Design work underway. 19 CP1222 Citywide Traffic Signal Improvements: This project will construct safety improvements at a number of signals throughout the City. 1 5,000 400,000 (Federal) 405,000 405,000 70%Sep-13 Dec-13 Lee Design work is underway. Federal environmental approvals in process but are not expected until August delaying the advertisement of this project. 20 CP1122 30th Street NE Storm Improvements: This project will replace the 30-inch storm drainage line along 30th Street NE from the north end of the Airport to the Brannon Park Storm Pump Station to address localized flooding issues. 1 2,974,699 2,974,699 2,822,299 60%Sep-13 Dec-13 Truong Consultant design work is underway. 21 CP1024 AWS and M Street SE Intersection Improvements: This project will complete improvements at the intersection per Option 2 selected by the Public Works Committee to address capacity and safety concerns. 1 250,000 450,000 (TIB) 700,000 705,000 55%Apr-14 Sep-14 Sweeting AWS/M St. SE - Installed protected left turn for east/west bound traffic on AWS turning onto M St. SE (Completed) 17th/M St. SE - restrict left turn movements from 17th to M. (Completed) AWS/M St. SE Intersection - Option 2 was selected by the Committee, June 2012. Design work and property acquisition is underway. 22 CP1301 2013 Sidewalk Repair Project: This project will complete repair and replacement of existing sidewalks at various locations around Downtown and Auburn High School. 1 200,000 (328 Fund) 200,000 200,000 50%Sep-13 Dec-13 Carter Design is underway. Schedule updated to address staff changes. Page 3 of 6DI.D Page 101 of 109 Date: July 31, 2013 No.Prom. No.Location/Description Priority Group (1-3) Street Funds (102/105/103) Water (430) Sewer (431) Storm (432) Other Total Budget % Complete Adv. Date % Complete Finish Date Project Manager Status Total Estimated Costs CAPITAL PROJECT STATUS REPORT Project Budget ($)Design Construction 23 CP1308 BNSF Utility Crossings Project: This project will address utility crossings of the BNSF right-of-way that will be affected by the 3rd rail line that BNSF/Sound Transit plan to building in March 2014. 1 780,000 160,000 500,000 1,440,000 1,440,000 30%Dec-13 May-14 Sweeting Consultant design work is underway. 24 CP1104 104th Street & 8th Street NE U-Turn Improvements: This project will complete property acquisition and widening at the intersection of 104th and 8th Street NE to accommodate eastbound U-Turn traffic. 1 232,000 100,000 (Fed. Grant) 332,000 340,000 20%Oct-13 Mar-14 Sweeting Consultant design work is underway. 25 CP1219 Valley AC Watermain Replacement: This project will repair or replace asbestos cement water lines along AWN, 49th and B St NW and at the M&O/Parks Maintenance area. 1 1,233,574 1,233,574 1,208,722 20%Mar-14 Oct-14 Truong Design is underway. 26 CP1304 37th St & B St NW BNSF Signal: This project will complete improvements to the rail crossing at 37th Street NW and B Street NW to address safety concerns. 1 76,900 307,550 (Federal) 384,450 384,450 10%May-14 Dec-14 Sweeting Consultant design work is underway. Coordination with BNSF in process. 27 CP1218 Auburn Way South & Riverwalk Intersection Improvements: This project will construct improvements to the intersection of AWS and Riverwalk Drive and complete minor widening and add additional capacity from the MIT Plaza signal to the Dogwood signal. 1 2,333,108 (Federal) 2,333,108 2,333,108 0%Jul-14 Nov-15 Sweeting Consultant negotiations in process. 28 C512A Well 4 Improvements: This project will construct a new building to house a standby generator and disinfection equipment. 2 1,306,288 1,306,288 1,296,820 80%Nov-13 Jun-14 Wickstrom Consultant design work is underway. 29 CP0765 Lakeland Hills Reservoir Improvement: This project will provide various improvements at the reservoir, including painting, seismic upgrades, and facility modifications. 2 400,000 400,000 400,000 75%Mar-14 Sep-14 Vondrak Consultant Scoping underway for completion of design to accommodate recent improvements at the site. 30 C229A BNSF/EVH Pedestrian Undercrossing: This project will construct a pedestrian undercrossing of both East Valley Highway (A St SE) and the BNSF rail tracks just north of the White River. 3 385,000 (State) 385,000 9,000,000 60%Hold Hold Vondrak Final design on hold pending BNSF issues. Additional funds will be required to complete design, environmental permitting, and construction. 31 CP0906 2009 Gateway Project: This project will construct a new gateway sign at East Valley Highway and Lake Tapps Parkway. 3 100,000 (Gen Fund) 100,000 100,000 30%Hold Hold Lee Easement acquisition completed. Project on hold. CPS TOTAL 9,981,178 19,613,564 2,492,297 6,421,612 26,228,555 64,697,206 69,708,632 Page 4 of 6DI.D Page 102 of 109 Date: July 31, 2013 No.Proj. No.Location/Description Priority Group (1-3) Local Street Funds (103) Water (430) Sewer (431) Storm (432) Other Total Budget % Complete Adv. Date % Complete Finish Date Project Manager Status31 32 CP1201 2012 Local Street Pavement Reconstruction: This project will rehabilitate and rebuild deficient pavement on local streets throughout the City including: J St SE btwn 2nd and 4th St. SE 22nd St. SE btwn M and R St. SE 27th/H/28th St. SE East of F St. SE Water and storm improvements will also be completed on these streets. - 1,174,410 500,000 - 10,000 29,125 (Private Utility) 1,713,535 1,569,727 100%Jun-12 100%May-13 Wickstrom Final Pay is in process. Other SOS Projects: CP1206, Pavement Patching, Chip Seals, and Overlays. N/A 539,500 539,500 539,500 Wickstrom CP1206 is complete and received final payment approval by Council on 1/7/2013. 1,713,910 500,000 - 10,000 - 2,253,035 2,109,227 33 CP1224 2013 Local Street Reconstruction: This project will complete the reconstruction of the following local roadways: 23rd St SE - M to R St SE H St NE - 4th to 8th 5th St NE - H to Cul-de-sac Park Ave - AWN to Park Also included in this project is the replacement of waterline on V St SE, from 2nd to 4th St SE. - 2,400,000 500,000 200,000 3,100,000 2,839,427 100%May-13 10%Dec-13 Wickstrom Work is underway on H Street, 5th Street and 23rd Street. Other SOS Projects: 2013 Pavement Patching, Chip Seals, and Overlays. N/A 242,000 242,000 242,000 Wickstrom For Status see CP1302 2,642,000 500,000 200,000 - - 3,342,000 3,081,427 2012 & 2013 TOTAL SOS PROGRAM 4,355,910 1,000,000 200,000 10,000 - 5,595,035 5,190,654 2013 SOS Program Totals 2012 SOS Program Totals SOS PROGRAM STATUS REPORT Project Budget ($) Total Estimated Costs Design Construction Page 5 of 6DI.D Page 103 of 109 Date: July 31, 2013 No.Proj. No.Location/Description % Complete Adv. Date % Complete Finish Date Staff Manager Action Committee Status A CP0616 Wayfinding - Pedestrian Kiosks: This project will complete the design of the downtown Pedestrian Kiosk and install these structures at up to 9 locations within the Downtown area. 150,475 150,475 100%Dec-12 100%Jun-13 Vondrak PCDC Project is Complete B CP1115 City Hall NW Plaza Improvements: This project will renovate the NW entrance to City Hall similar to the recent improvements on the south side of City Hall. Work will include new pavement, updated lighting, ADA Ramp upgrades and new City Hall signage. 475,977 458,570 99%TBD TBD Chamberlain PCDC Consultant work is on hold pending scope discussion with committee on LRF bond funds in Summer of 2013. C CP1016 Fenster Levee Project: This project will complete new levee improvements on the Fenster Levee along the Green River. 1,266,100 1,265,000 65%N/A Jun-14 Andersen PCDC Work will be completed by King County. Secured funding is from 4 Grants and matching storm funds. The additional 327k in SRFB funding was awarded. Pre-Design work is complete. The Design by King County is underway with the review of comments from SRFB. Environmental approvals are also in process. TOTAL OTHER PROJECTS 1,892,552 1,874,045 Total Budget OTHER PROJECTS - ACTION BY OTHER COMMITTEE Total Estimated Costs Design Construction Page 6 of 6DI.D Page 104 of 109 AGENDA BILL APPROVAL FORM Agenda Subject: Significant Infrastructure Projects by Others - Public Works Status Report Date: July 30, 2013 Department: Public Works Attachments: Significant Infrastructure Projects by Others Report Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Gaub Meeting Date:August 5, 2013 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 105 of 109 Date: July 31, 2013 No. Sponsor/ Applicant Location/Description Length Permit(s) Issued Status 1 Green River Community College 320th Street Improvements: This project will widen 320th Street along the frontage of Green River Community College from 124th Ave Se to the west College Boundary. 1325 Feet Yes Construction work underway and will continue through September 6th. Contractor is working on utility installation and lane interruptions are anticipated on 320th during this work. 2 Puget Sound Energy 15th Street NW Gas Line: This project will install a new gas line to serve the Hospital Laundry project along 15th Street NW from approximately 400 ft east of C St. NW to M St NW, then North on M St NW to the Laundry site. 3135 Feet Yes Construction is nearly completed, the remaining overlay work on M Street NW is to be scheduled. 3 King County Wastewater 17th Street SE, K St SE to C St SW - Trunk Sewer Main Installation: This project will install a 42-inch sewer trunk line along 17th Street SE from K Street SE to C Street SW including crossing the BNSF rail yard. 3050 Feet Yes Project is under construction. Work to cross A Street SE at 17th Street SE will be underway during daytime hours potentially beginning the week of 8/5 and continuing for a minimum of 2 weeks. 4 Puget Sound Energy 17th Street SE, K St SE to F St SE - Gas Main Replacement: This project will replace the existing 2-inch gas main along 17th Street SE from K Street SE to F Street SE. 1345 Feet No Construction is anticipated to begin in the summer of 2013 and is being coordinated with King County's work. 5 King County Flood Control District Reddington Levee: This project will replace the Reddington Levee from approximately 26th St NE to 43rd Street NE. 0.9 Miles KC - Yes PSE - Yes Facility Extension permit and Construction permits have been issued. Contractor is mobilizing on site and work will be on-going through the Summer of 2013. PSE's Permit work is complete. 6 Auburn School District Auburn High School Replacement: This project will include roadway and utility improvements to support the new Auburn High School. Improvements include modifications to Storm, Water and Sanitary Sewer mainlines and roadway improvements on Main Street and 4th Street NE. N/A - Multiple Block Development Partially Work on the Phase 1 portion of the project has begun and is anticipated to be completed in 2015. Phase 2 plans are begin reviewed. 7 Puget Sound Energy 2nd Street NE Gas Main Replacement: This project will replace the 6-inch gas main on 2nd Street NE from Auburn Avenue to D Street SE, including a crossing of Auburn Way North, then continue south on D Street NE to Main Street. 1215 Feet No Project is in the permit review phase. Construction is anticipated to occur in the Summer of 2013. 8 WSDOT SR18 - Neely Bridge Improvements: This project will complete bridge deck repairs to the eastbound Neely Bridge on SR-18 and repair the bridge approach slab at the eastbound UPRR Bridge located west of C Street SW on SR18. N/A Yes Construction is anticipated to occur in the Summer of 2013. Work involving the closure of Eastbound SR18 at the Neely Bridge and at the UPRR Bridge for a period of 3 to 4 days was completed in July. 9 Yarrow Bay Development 124th Ave SE Half Street Road Improvements: This project will complete half street roadway improvements on 124th Ave SE from SE 304th St. north to approximately SE 290th St. for the 3rd phase of the Verdana (Bridges) Plat development that is in Kent. 3,800 Feet Yes Work is anticipated to begin the week of July 8th and continue through mid October 2013. Contractor will be starting with roadway and utility work. Lane interruptions are anticipated on 124th Ave. SIGNIFICANT INFRASTRUCTURE PROJECTS BY OTHERS - PUBLIC WORKS STATUS REPORT NOTE: Projects included on this list are those that have a broad public interest, significant impact to the public, involve interlocal agreements, and/or may include the installation of key infrastructure by others (such as pump stations etc.) 1 of 1 DI.E Page 106 of 109 AGENDA BILL APPROVAL FORM Agenda Subject: Action Tracking Matrix Date: July 30, 2013 Department: Public Works Attachments: Action Tracking Matrix Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Dowdy Meeting Date:August 5, 2013 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 107 of 109 Updated: 7/31/2013 10:51 AM No.Item Description Staff Lead Next PWC Review Date Estimated Completion Date Status A Track completed project on the Current Year Active Capital Improvement Projects Map Gaub 10/7/2013 N/A Ongoing - Quarterly updates B Fulmer Well-Field Feasibility Study Updates Repp 8/19/2013 8/19/2013 Initial study finding are not yet completed. C System Development Charges Repp 9/3/2013 12/16/2013 Consultant to complete analysis D Cost of Service Analysis Repp 11/18/2013 12/31/2013 Consultant to complete analysis E BNSF Stampede Pass Line Para 9/3/2013 9/3/2013 Discuss Chairman Wagner's email. F CP1122, 30th Street NE Area Flooding - Phase 1 Truong 8/19/2013 8/19/2013 Review scope at 50% design stage G LED Lighting Standards Para 10/7/2013 10/7/2013 Discuss research findings and current state of LED lighting technology. (Topic move from scheduled 7/15/13 date to a future date that comes after the peak summer construction season) H Auburn Way South & 17th St SE Webb 10/21/2013 10/21/2013 Study closing of EB connections between M St SE and AWS via 17th St SE. I King County Flood Insurance Mailers - Quality Check Andersen TBD TBD Councilmember Peloza contacted Councilmemeber von Reichbauer who subsequently has send a letter to Councilmember Dunn (Chair of the King County Flood Control District) requesting District staff send more helpful information to citizens located in the District's Flood Plains. J Street Lamp Installation 112th & 295th Streets Dowdy TBD 8/15/2013 PSE Scheduled install date is 8/15 K Speed Cushion Design Standards Para 10/21/2013 10/21/2013 Review current design standard. L Green River Watershed/Levee Presentation 2/3/2014 2/3/2014 Review the Levee System within the City of Auburn and how planned work on the levee's effect the City and the City's finances. Public Works Committee - Action Tracking Matrix DI.F Page 108 of 109 Updated: 7/31/2013 10:51 AM No.Item Description Staff Lead Next PWC Review Date Estimated Completion Date Status M Transportation Impact Fee Structure Analyses Planning/Webb 10/21/2013 10/21/2013 Review competitiveness of fee structure vs. regional agencies. N Chipseal Application Review Carter 10/7/2013 10/7/2013 Review the application process for chipseals on arterial/collector streets. DI.F Page 109 of 109