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HomeMy WebLinkAbout11-18-2013 CITY COUNCIL AGENDA PACKET City Council Meeting November 18, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1. Boards and Commissions Appointments City Council to confirm the following appointments to the Auburn Junior City Council for two-year terms expiring August 31, 2015. Sydney Campbell Tyler Cushing Anton Mahoney Dalton Hands 2. Boards and Commissions Appointments City Council to confirm the following appointments to the Auburn Junior City Council for a one-year term expiring August 31, 2014: Allison Hand Mauricio Martinez-Torres Olivia Thomas Mary Riel D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is scheduled for this evening. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services Page 1 of 85 1. November 12, 2013 Minutes* (Peloza) B.Planning & Community Development 1. November 12, 2013 Minutes* (Backus) C.Public Works 1. November 4, 2013 Minutes* (Wagner) D.Finance 1. November 4, 2013 Minutes* (Partridge) E.Les Gove Community Campus F.Council Operations Committee IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the November 4, 2013 Regular Meeting* B. Claims Vouchers (Partridge/Coleman) Claims voucher numbers 426053 through 426245 in the amount of $4,878,842.98 and two wire transfers in the amount of $13,506.75 and dated November 18, 2013. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 534225 through 534255 in the amount of $879,171.23 electronic deposit transmissions in the amount of $1,231,319.79 for a grand total of $2,110,491.02 for the period covering October 31,2013 to November 13, 2013. D. Public Works Project No. CP1310* (Wagner/Dowdy) City Council approve final pay estimate No. 2 to small works contract No. 13-14 in the amount of $7,872.50 and accept construction of project No. CP1310, 2013 Arterial & Collector Crack Seal Project E. Public Works Consultant Agreement No. AG-C-438 (Wagner/Dowdy) City Council approve Consultant Agreement No. AG-C-438 with Brown and Caldwell, Inc. for the update of the Sewer Comprehensive Plan F. Public Works Consultant Agreement No. AG-C-439 (Wagner/Dowdy) City Council approve Consultant Agreement No. AG-C-439 with Carollo Engineers, Inc. for Comprehensive Water System Plan G. Public Works Consultant Agreement No. AG-C-440 (Wagner/Dowdy) City Council approve Consultant Agreement No. AG-C-440 with Brown and Caldwell, Inc. for the update of the Comprehensive Stormwater Drainage Plan H. Airport Management Contract* (Peloza/Coleman) City Council approve a contract for airport management services with Aviation Management Group, LLC. I. Contract 12-18 City Hall Remodel, Phase I* (Partridge/Hursh) Page 2 of 85 City Council to accept Final Pay Estimate for City Hall Remodel-Phase I, Contract No. 12-18, Lincoln Construction, Inc. (RECOMMENDED ACTION: City Council approve the Consent Agenda.) V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6475* (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the levy for regular property taxes by the City of Auburn for collection in 2014 for general City operational purposes in the amount of $15,792,046.00 (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6475.) VIII. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor IX.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 3 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: November 12, 2013 Minutes Date: November 14, 2013 Department: Police Attachments: November 12, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:November 18, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 4 of 85 Municipal Services Committee November 12, 2013 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and Member John Partridge. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Finance Director Shelley Coleman, Human Resource Director Brenda Heineman, Employee Relations Manager Aaron Barber, City Attorney Dan Heid, Assistant City Attorney Steven Gross, Public Works Director Dennis Dowdy, Parks, Arts & Recreation Director Daryl Faber, Auburn Municipal Airport Manager Jamelle Garcia and Police Secretary/Scribe Heather Shaw. Others present: Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications At the request of Finance Director Shelley Coleman, an agenda modification was added to discuss the Redflex contract that would start June 1, 2014 and would run for 6 years with two (2), two (2) year options. The contract was previously reviewed by the city departments to provide suggestions and changes in ensuring the contract would be agreeable to all departments within the city. Finance Director Coleman addressed suggested changes and revisions to the contract with Redflex to include: Cost neutrality zeroed out on our account, the proposed contract to be cost neutral and additional money to off-set our administrative costs. Another requested change would be for all infractions to be handled through King County District Court which has an 80% collection rate versus Redflex's collection rate at 50%. In review of the contract for grammatical changes, Chair Peloza suggest re- wording under the Recitals section of the contract to include adding "back office 'administrative' services" in replace of the term "back office services". Vice Chair Osborne expressed concerns with the cost-effectiveness of the contract over the next six years due to the number of infractions being down while administrative costs are still incurred. He suggested that a school board representative as well as both a Redflex representative and their competitor be invited to a Municipal Services Committee meeting to discuss the need for red light photo enforcement to be at the current designated locations versus other locations within the city. Page 1 of 4 MS.1 Page 5 of 85 Chair Peloza suggested that an estimated cost to the City be determined as well as an RFP comparison cost be provided to be addressed at a future meeting. II. CONSENT AGENDA A. October 28, 2013 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. ACTION A. Airport Management Contract (Coleman) Finance Director, Shelley Coleman briefed the committee on the Airport Management Contract. The contract was previoulsy reviewed by the Municipal Services Committee where AMG was asked to remove the grant and project management from their proposal. The contract was previously reviewed and grammatical and formatting errors were identified and corrected. The committee discussed the process in gas pricing and state sales tax causing gas prices in the State of Washington to be less competitive than in other states that have no sales tax. Vice Chair Osborne moved to forward the Airport Management Contract to full Counsel for consideration. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 top third for the services, location and price in the area. IV. DISCUSSION ITEMS A. Ordinance No. 6475 (Coleman) Shelley Coleman, Finance Director, reviewed Ordinance No. 6475 with the Committee . The Ordinance establishes the Levy for Regular Property Taxes by the City of Auburn for Collection in 2014 for General City Operation Purposes in the amount o f $15,792,046.00. This Ordinance was previously reviewed by the Municipal Services Committee and there were no additional questions. B. Ordinance No. 6481 (Coleman) Finance Director Shelley Coleman provided Budget Amendment #5 to Ordinance No. 6481 which amends the 2013-2014 revised budget. The most notable change is the transfer of $2.0M from the General Fund from available ending fund balance to the City's Cumulative Reserve Fund. Additional changes include an increase by $700,000.00 to Sewer-Metro waste water revenues and anticipated payment to King County for sewer-wastewater treatment services. Revenues are anticipated to exceed budget as payment are a pass-through to King County. Another increase by $300,000.00 is Solid Waster utility revenues and payments to Waste Management for collection and tipping fee charges . Revenues are anticipated to exceed budget. Page 2 of 4 MS.1 Page 6 of 85 Payment to Waste Management are based upon actual amount of refuse collected and disposed. The Committee was provided a spreadsheet which detailed 2013's Appropriation Authority by Fund which they had questions in regards to how the numbers were determined on Schedule B. Finance Director Coleman suggested that the spreadsheet could include in the last column a breakdown of expenditure fund balance that would equal the total. Member Partridge addressed some additional questions on the finance schedules provided that Director Coleman will address and clarify at a future meeting. C. Ordinance 6465 (Faber) Parks, Arts & Recreation Director, Daryl Faber presented Ordinance 6465 which adds a new Chapter 2.22 to the Auburn City Code. This would take all the laws addressed in the department's Policies and Procedures Manual and move them to the Auburn City Code. He addressed that many local cities have already done this to streamline their signage to specific parks that may have differing rules at each park. Chair Peloza and Vice Chair Osborne questioned section 2.22.040 in regard to when a permit would be needed for large groups or family gatherings at the parks. It was determined that under the Definitions section no. 2.22.030, that verbiage would be placed to define that a permit would be needed should a group want exclusive use to the park. Additional revisions and grammatical changes were suggested to sections 2.22.070, 2.22.100 and 2.22.200. All fee amounts listed within the contract were suggested to be removed and replaced to include the ACC referencing fees and fines should they be changed in the future. D. Medicare Advantage for LEOFF 1 Retirees (Heineman) Director of Human Resources, Brenda Heineman, discussed the Medicare Advantage program through AWC. The City believes that it is mutually beneficial for the LEOFF I retirees and the taxpayers at the same time. There is a substantial projected savings on premium moving to the program. Member Partridge questioned how long the program had been around as well as whether there was any potential volatility with the plan. The City interviewed other local cities to include Mount Vernon and Anacortes who are with the program which came back with glowing reviews. The City believes that this is the most comprehensive medical coverage, while continuing to conserve citizen's tax dollars. Director Heineman addressed questions regarding advantages and disadvantages to the plan and informed the Committee that there is an informational meeting that is scheduled and offered to the LEOFF I retirees in November. A letter to all retirees affected has been sent out by mail. E. Project Matrix The following updates were made to the Project Matrix: Item 21P: Review date changed to 11/25/2013. V. ADJOURNMENT Page 3 of 4 MS.1 Page 7 of 85 The meeting was adjourned at 5:10 p.m. The next regular meeting of the Municipal Services Committee is scheduled for Monday, November 25, 2013 at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this _________ day of November, 2013. _______________________________ _______________________________ Bill Peloza, Chair Heather Shaw, Police Secretary/Scribe Page 4 of 4 MS.1 Page 8 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: November 12, 2013 Minutes Date: November 14, 2013 Department: Planning and Development Attachments: November 12, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:November 18, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 9 of 85 Planning and Community Development November 12, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Vice-Chair Holman called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. Chair Backus arrived at 5:09 to facilitate the meeting. A. Roll Call Planning and Development Committee Chair Nancy Backus, Vice- Chair John Holman and Member Largo Wales were present. Also present were Mayor Pete Lewis; Planning and Development Director Nancy Welch; Finance Director Shelley Coleman; Planning Services Manager Elizabeth Chamberlain; City Attorney Dan Heid; Utilities Engineer Dan Repp; Environmental Services Manager Chris Andersen; Environmental Services Planner Jamie Kelly; Economic Development Manager Doug Lein; Water Utility Engineer Susan Fenhause; Storm Drainage Engineer Tim Carlaw; Sewer Utility Engineer Bob Elwell; and Planning Secretary Tina Kriss. Members of the audience present were: Bob Kenworthy, Assistant Public Director for the Auburn School District; Paul Cyr of Barghausen Consulting Engineers, Inc.; Kevin Anderson, President of Wesley Homes; Spencer Alpert; and Robert Whale of the Auburn Reporter. B. Announcements 1. Presentation a. Hearing Examiner (Welch) Planning and Development Director Nancy Welch introduced the City's contracted Hearing Examiner Phil Olbrechts of Olbrechts and Associates, PLCC, to update the Committee on activities and observations for cases heard in 2013. Hearing Examiner Phil Olbrechts stated the Hearing Examiner issued ten decisions in the past twelve months. Of these decisions, four were rezones, four conditional use permits and two preliminary plats. Page 1 of 6 PCD.1 Page 10 of 85 Mr.Olbrechts also provided his code observations regarding Conditional Use Permits that do not meet the development standards of the Downtown Urban Center (DUC) zoning district, ACC 18.29.060, requiring a minimum floor area ratio (FAR). He discussed concurrent adoption of comprehensive plan map amendments along with implementing site specific rezones. Staff noted Mr. Olbrecht’s code observations. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - October 28, 2013 (Welch) Vice-Chair Holman moved and Member Wales seconded to approve the October 28, 2013 minutes as written. MOTION CARRIED UNANIMOUSLY. 2-0 III. ACTION There were no action items. IV. DISCUSSION ITEMS A. Ordinance No. 6481 (Coleman) Finance Director Shelley Coleman provided the staff report on Ordinance No. 6481. Ordinance No. 6481 is the fifth Budget Amendment for the 2013-2014 biennium and the final amendment for calendar year 2013. Director Coleman distributed and reviewed a revised agenda bill/memorandum updating additional items within the budget amendment. The additional items have been incorporated into the budget amendment. Director Coleman explained the budget amendment will formally recognize receipt of grants and other sources of funding for projects/programs underway requiring a budget amendment to ensure sufficient budget authority to meet anticipated expenditures by year end. The Committee and staff reviewed the line item budget fund balances and additional ways to break the fund balances table from the net activities for a clearer explanation. B. Ordinance No. 6475 (Coleman) Finance Director Shelley Coleman explained proposed Ordinance No. 6475 would establish the City's portion of the regular property tax levy Page 2 of 6 PCD.1 Page 11 of 85 for collection in 2014 in the amount of $15,792,046.00. This funds general governmental operations. Ordinance No. 6475 will go before the Finance Committee and then to full City Council for adoption on Monday, November 18, 2013. This includes a 2013 levy correction for approximately $667,700.00. The Committee had no questions. C. Auburn School District Impact Fees (Coleman) Finance Director Shelley Coleman explained that the Auburn School District is required to provide an annual report on how the impact fees are deployed and the district has provided the 2012/2013 annual report. The Committee and staff discussed the school impact fees. D. Comprehensive Sewer Plan (Elwell) Sewer Utility Engineer Bob Elwell provided the staff report for the Comprehensive Sewer Plan update. Mr. Elwell explained this update will provide guidance for operation, maintenance, and improvements of the City's extensive sewer system in conjunction with the City's major Comprehensive Plan update. The Committee had no questions after the staff report. E. Comprehensive Water Plan (Fenhaus) Water Utility Engineer Susan Fenhaus explained that the Comprehensive Water System update Scope of Services has been developed to assist the City with the 2015 update of its Comprehensive Water System Plan. The last comprehensive update was in 2009 and approved by the Washington State Department of Health (DOH) in 2012. The DOH requires the plan to be submitted by December of 2014. This will also be coordinated with the City's major update to the Comprehensive Plan. F. Comprehensive Stormwater Drainage Plan (Carlaw) Storm Drainage Engineer Tim Carlaw provided background information on the City of Auburn Comprehensive Stormwater Drainage Plan update. The purpose of the 2014 Drainage Plan Update is to guide the operation, maintenance, and improvements of the City's storm drainage system. The Committee and staff discussed Task 2, the evaluation of the level of service goals, practices, and policies. Staff stated the City will continue to inventory system data throughout the City with emphasis on the storm drainage infrastructure in the annexation areas ahead of preparing the City's draft Storm Drainage Comprehensive Plan. The Committee and staff discussed the City's Subbasin inventory approach. G. Implementation Review of the 2010 Amendments to Auburn’s Flood Page 3 of 6 PCD.1 Page 12 of 85 Hazard Area Regulations, Chapter 15.68 ACC (Andersen) Environmental Services Manager Chris Andersen briefed the Committee regarding implementation of the 2010 Flood Hazard Area regulations adopted to comply with the National Marine Fisheries Service’s Biological Opinion issued for the National Flood Insurance Program (NFIP) in Western Washington. Committee and staff discussed how the habitat study requirements have affected some of the permitted projects and staff provided options for potentially minimizing the cost and schedule impacts of floodplain permitting requirements on applicants. Options presented included revising the City's floodplain regulations, developing a programmatic Habitat Assessment for all or a portion of the City’s floodplain areas, or developing a “Habitat Assessment Application” template that would allow applicants to provide information about their project site that could be used to document the required habitat assessment information. The template would assist the City in obtaining the site condition information necessary to perform the assessment and minimize the cost and schedule impacts while fulfilling the requirements. The Committee stated that they are supportive of the habitat application template option. This option would still enable the City to fulfill the Federal Emergency Management Agency, NFIP/Endangered Species Act model ordinance requirements. Staff will explore this option further and bring additional information back to the Committee. H. 2013 Comprehensive Plan Update (Dixon) Principal Planner Jeff Dixon introduced the 2013 Annual Comprehensive Plan Amendments and Planning Commission recommendation and pointed out that the changes to the “working notebooks” are the items printed on yellow paper. The public hearing held October 22, 2013 on the annual comprehensive plan amendments consisted of those proposed to the Comprehensive Plan Policies and Text (P/T) and those amending the Plan Map (CPM) as follows (Principal Planner Dixon Reviewed the proposed amendments): Case Number CPA13-0003 A. Comprehensive Plan Policy/Text Amendments School District Capital Facilities Plans P/T #1 - 4 P/T #1 – Auburn School District 2013-2019 Capital Facilities Plan P/T #2 – Dieringer School District Capital Facilities Plan 2014-2019 P/T #3 – Federal Way School District 2014 Capital Facilities Plan P/T #4 – Kent School District 2013/2014 – 2018/2019 Capital Page 4 of 6 PCD.1 Page 13 of 85 Facilities Plan P/T #5 – City of Auburn 2014-2019 Capital Facilities Plan P/T #6 - Comprehensive Plan Revise Chapter 3 – ‘Land Use’ · Revise pages 3-34 through 3-35 and Page 3-39 related to emphasis of industrial uses. Revise Chapter 8 – ‘Economic Development’ · Revise pages 8-9 through 8-11 related to emphasis of industrial uses. Revise Chapter 14 – ‘Comprehensive Plan Map’ · Revise page 14-15 related to emphasis of industrial uses. B. Comprehensive Plan Map Amendments CPM #1 – (File No. CPA13-0003) Amend Map No. 14.1 for a City- initiated change in the designation of three parcels developed with single family residences totaling 1.76 acres on the north side of Auburn WY S and east of Hemlock ST SE (Parcel Nos. 2815000020, 2815000010 & 2121059073) from "High Density Residential" to "Light Commercial" for future rezoning. CPM #2 – (File No. CPA13-0001) Amend Map No. 14.1 requested by Wesley Homes Lea Hill , LLC to change the designation of an existing developed site and two recently acquired adjacent parcels located south of SE 320th ST, between 108th and 110th AVE SE of approx. 18.65 acres (Parcel Nos. 1721059007, 1721059253 &1721059109). The Applicant seeks to change designations of their contiguous parcels from “Single Family Residential" to "Public and Quasi-Public" to facilitate subsequent rezoning to accommodate future expansion of existing assisted living facility. CPM #3 – (File No. CPA13-0002) Amend Map No. 14.1 requested by two adjacent property owners, Fonpee LLC and E. Stanberry, for property located at the NW corner of 37th ST NW and W Valley HWY of approx. 2.10 acres (Parcel Nos. 0221049077 & 0221049098). The applicants seek to change designations of a portion of the parcels from 'Heavy Commercial' to 'Light Industrial' to facilitate subsequent rezoning and to eliminate split designations of each parcel and to accommodate future potential development. After discussion and review with the Committee, Principal Planner Dixon explained that the Planning Commission unanimously recommended approval of all items at their October 22, 2013 public hearing. Staff anticipates taking the 2013 Annual Comprehensive Plan Page 5 of 6 PCD.1 Page 14 of 85 Amendments for review to the Public Works Committee on November 18, 2013 and back to the PCDC for proposed action on November 25, 2013 before taking it to full City Council on December 2, 2013. The Committee was supportive of these amendments. I. Director's Report (Welch ) Planning Director Nancy Welch stated that the Major Comprehensive Plan update is underway and staff will be meeting on November 22, 2013 with the consultant to outline the visioning process going forward and input from the community in the first quarter of 2014. The election signs will be taken down November 13, 2013 and staff will be working on business signs that have not been permitted in various areas. J. PCDC Status Matrix (Welch) The Committee reviewed the updates to the PCDC Matrix and Director Welch explained that the Marijuana topic will be discussed at the December 3, 2013 Planning Commission meeting. The Committee asked that the Shared Student Rental Housing item be brought before the Committee to review the progress two times a year starting in January. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:49 p.m. DATED this _____________ day of _________________________, 2013. ___________________________________ Nancy Backus - Chair ___________________________________ Tina Kriss - Planner Page 6 of 6 PCD.1 Page 15 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: November 4, 2013 Minutes Date: November 14, 2013 Department: Public Works Attachments: Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Wagner Staff: Meeting Date:November 18, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 16 of 85 Public Works Committee November 4, 2013 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Planning Director Nancy Welch, Project Engineer Seth Wickstrom, Strom Drainage Engineer Tim Carlaw, Street Systems Engineer Jai Carter, Traffic Operations Engineer Scott Nutter, Sanitary Sewer Engineer Robert Elwell, Water Engineer Susan Fenhaus, Senior Project Engineer Ryan Vondrak, Finance Director Shelley Coleman, Planning Manager Elizabeth Chamberlain, and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Evelyne Tszeana, citizen. B. Announcements There were no announcements. C. Agenda Modifications There were no modifications to the agenda. II. CONSENT AGENDA A. Approval of Minutes It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the Public Works Committee Meeting minutes for date, October 21, 2013. Motion carried 3-0. B. Public Works Project No. CP1307 (Wickstrom) Project No. CP1307, Control Structure Installation Project Page 1 of 9 PW.1 Page 17 of 85 Project Engineer Wickstrom was present. Chairman Wagner, referencing the project’s vicinity map, asked why the storm pond on A Street SW needs three storm water control structures. Storm Drainage Engineer Carlaw explained how the storm pond on A Street SW is configured and how the storm water is being slowed exiting the pond as well as entering. Storm Drainage Engineer Carlaw described what the water control apparatuses look like and how they will work, in response to a question asked by Vice-Chair Peloza. Project Engineer Wickstrom stated that the control structures that are being installed are being specifically fabricated for the project, making it difficult to estimate the cost of manufacturing the specific parts, in response to a question asked by Member Osborne. Assistant Director/City Engineer Selle noted that the scope of the project is not common work and it is difficult to determine costs because there are no other similar projects to use for a comparison. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Public Works Committee recommend City Council award Limited Public Works Contract No. 13-17 to RW Scott Construction Company on their low bid of $33,260.00 plus Washington State sales tax of $3,153.20 for a total contract amount of $36,413.20 for Project No. CP1307, Control Structure Installation Project. Motion carried 3-0. C. Public Works Consultant Agreement No. AG-C-417 (Elwell/Fenhaus) Consultant Agreement No. AG-C-417 for Underground Transmission Main Evaluation Chairman Wagner asked if other tasks included in the consultant’s scope of work will not be completed due to the amendment to the agreement. Water Utility Engineer Susan Fenhaus answered that the original scope of work will be completed and that there is money in the budget to accommodate the amendment. Chairman Wagner and Sanitary Sewer Engineer Elwell discussed the language on page 2 of Exhibit A regarding AC pipe. Because the language is contradictory, Chairman Wagner requested that the words “asbestos cement” be struck from the third line of the first paragraph. In response to a question asked by Member Osborne, Sanitary Sewer Engineer Elwell explained that because the transmission mains are Page 2 of 9 PW.1 Page 18 of 85 hard to access, part of the original scope of work was for the consultant to provide recommendations on how to access the condition of the pipes. The amendment includes completion of the second tier inspections, as per one of the consultant’s recommendations, to detect leaks and assess pipe wall thickness of the water pipes. Sanitary Sewer Engineer Elwell answered questions asked by Member Osborne regarding transmission main leak detection. Member Osborne asked about the ages of the pipes. Sanitary Sewer Engineer Elwell stated that the majority of the pipe at Coal Creek Springs was replaced in 1964 and the portion that runs under the river was installed in 1925. The Academy pipe is approximately 30 years old and the Lea Hill pipe is about 40 years old. Sanitary Sewer Engineer Elwell answered questions asked by Member Osborne regarding the review schedule for the Final Report. Vice-Chair Peloza asked for the wording, “The sole deliverable…” be changed to, “A deliverable…” because the report is not the only deliverable. Vice-Chair Peloza asked that the dollar amounts on page 4 of the scope of work include the decimal places. Vice-Chair Peloza asked for the payment language on page 4 be changed from, “…per day will be billed,” to, “…per day will be billed by MSA.” The Committee and staff discussed how the City will avoid being billed for standby fees. Chairman Wagner asked that staff strengthen the language in Section 1.1 – Project Planning, Site Visit and Mobilization. Chairman Wagner and Vice-Chair Peloza asked that the explanation of the invoicing cross-reference the items listed in the Payment table on page 4. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend City Council approve Amendment No.1 in the amount of $98,515.00 to Contract No. AG-C-417 for Underground Transmission Main Evaluation. Motion carried, 3-0. III. DISCUSSION ITEMS Page 3 of 9 PW.1 Page 19 of 85 A. Ordinance No. 6475 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, Establishing the Levy for Regular Property Taxes by the City of Auburn for Collection in 2014 for General City Operational Purposes in the Amount of $15,792,046.00 Finance Director Coleman explained the 2013 and 2014 property tax levy calculations to the Committee. Finance Director Coleman spoke about the actuarial assessment of the fire pension fund. The Committee and Finance Director Coleman discussed the correction of the 2013 levy error which is being included in the 2014 Property Tax Levy Calculations. Chairman Wagner suggested striking out the word “error” on the agenda bill. Chairman Wagner asked staff to present the Council with an informational update about the tax levy. Ordinance No. 6475 will be reviewed by the Finance Committee and then on November 18, 2013, the ordinance will be taken back to the Finance Committee for action and the City Council for introduction and adoption. B. Agreement for Services – Comprehensive Plan Update (Chamberlain) Chairman Wagner asked how the results of the last Council Retreat visioning exercised will be included in the update of the Comprehensive Plan. Planning Manager Chamberlain answered that the results of the retreat will be included in the background information provided to the consultant. Chairman Wagner asked that it be included in the scope of work. Mayor Lewis recommended that it be stated in the scope of work so that there is no doubt that the structure of the plan is being build around the Council’s visioning. Chairman Wagner asked that it be clarified, in Task 3.3 – Community Questionnaire, that the City will be distributing hardcopies of the questionnaire and the questionnaire will not only, “be formatted for hardcopy distribution.” Mayor Lewis suggested using the same language as was used when the survey was distributed. Planning Director Welch responded to questions asked by Chairman Wagner regarding the schedule for the briefing sessions. Planning Manager Chamberlain discussed the estimated project schedule with the Committee. Chamberlain clarified the schedule and stated that the Comprehensive Plan must be completed by June 30, Page 4 of 9 PW.1 Page 20 of 85 2015, in response to a question asked by Chairman Wagner. Vice-Chair Peloza asked why City staff is traveling to Portland to meet with the consultant. Planning Manager Chamberlain answered that the trip is cost saving, so the City does not have to pay the consultant for travel and time to come to Auburn. Chamberlain explained that the initial meeting was set up as a conference call, but staff believes that a face-to-face initial meeting would be more beneficial. Vice-Chair Peloza recommended a possible video conference in lieu of staff traveling to Portland. Vice-Chair Peloza also stated that his preference would be for the City to negotiate with the consultant and have the consulting team come to Auburn at no charge or possibly share the cost of the consultant traveling to Auburn, as the City is where the “vision is.” Chairman Wagner asked how much it would cost to have the consultant come to the City. Planning Manager Chamberlain answered that it would cost approximately $2000.00. Chairman Wagner stated that it would be worth the cost. Chamberlain stated that there would be three members of the consulting team, coming to the City for the day, in response to a question asked by Mayor Lewis. Member Osborne spoke about the actual writing of the plan. Planning Manager Chamberlain verified that is it the goal of staff to make the plan more readable and user-friendly. The Committee discussed the potential of rebranding the City. Mayor Lewis suggested waiting on discussing rebranding until after the visioning data is collected. The Committee agreed. Planning Manager Chamberlain discussed the schedule for rewriting the entire Comprehensive Plan with the Committee. Chairman Wagner recommended the Task 4.3 be scheduled out until the end of May 2014. Vice-Chair Peloza recommended asking the consultant for the cost of them traveling to the City and then ask to split the cost with the consultant. Mayor Lewis thanked Vice-Chair Peloza for his input and stated that staff will work with the consultant administratively. Vice- Chair Peloza requested that it be included in the minutes that he does not agree with covering all of the cost for the consultant to come and meet with staff in Auburn and that the consultant should share in at least half the cost. Chairman Wagner asked about the total project budget. Planning Manager Chamberlain answered that the 2013-2014 budget is approximately $100,000.00. Chairman Wagner asked for the budget Page 5 of 9 PW.1 Page 21 of 85 for the complete update of the Comprehensive Plan. C. Comprehensive Sewer Plan (Elwell) Chairman Wagner spoke about the importance of including as much information as possible from the Muckleshoot Indian Tribe (MIT) and King County. The Committee and staff discussed the inclusion of tribal land area and future MIT planning in the Comprehensive Sewer Plan. Chairman Wagner also requested more specificity regarding King County’s future planning. Sanitary Sewer Engineer Elwell responded to questions asked by Member Osborne regarding how to determine the number of sewer connections on MIT land. Elwell noted that the MIT owns a portion of the capacity of the Auburn Way South sewer trunk line. Mayor Lewis stated that sewer from the MIT casino goes into a system that the MIT jointly paid for to get to the County Metro connection, in response to a question asked by Vice-Chair Peloza. Sanitary Sewer Engineer Elwell discussed how sewer flow may be determined by monitoring water flow. Vice-Chair Peloza asked if the King County sewer project on 17th Street is included in the Comprehensive Plan. Sanitary Sewer Engineer Elwell stated that the project will be included in Task 4 – Perform Hydrologic and Hydraulic Modeling because there will be a change in flow. Vice-Chair Peloza asked for a gnat chart showing the project schedule. Chairman Wagner asked if Task 9 – Financial Analysis Assistance, is the equivalent of a Cost of Service Study. Sanitary Sewer Engineer Elwell stated that the analysis is a required part of the Comprehensive Plan and the consultant will be incorporating financial data provided to them by staff, not by performing a Cost of Service Study. Member Osborne asked if there are any anticipated changes to the current level of service. Sanitary Sewer Engineer Elwell stated that there are no anticipated changes but staff would like to review level of service policies. Sanitary Sewer Engineer Elwell stated that there will be no major changes to the service area, in response to a question asked by Member Osborne. Page 6 of 9 PW.1 Page 22 of 85 Chairman Wagner and Sanitary Sewer Engineer Elwell discussed the amount of detail that will be included in the level of service policies. Chairman Wagner recommended including more technical detail in the policies. Sanitary Sewer Engineer Elwell stated that the City has no policy forcing sewer hook ups based on environmental concerns, in response to a question asked by Member Osborne. King County Health Department and the Department of Ecology handle environmental decisions. Director Dowdy spoke how the existing policies will be reviewed by the Committee. D. Chipseal Progress Report (Carter) Street Systems Engineer Carter gave a PowerPoint presentation on Chipsealing. . The presentation covered an overview of the chipsealing process, including surface preparation, binder application, spreading aggregate, compaction, sweeping, and fog sealing. Street Systems Engineer Carter addressed questions asked by the Committee about the chipseal process. Street Systems Engineer Carter stated that the City currently uses a double chipseal process. Carter described the double chipseal process. Carter answered questions asked by Member Osborne regarding the double chipseal treatment on Kersey Way. Carter responded to questions asked by Chairman Wagner regarding the size of the aggregate. Street Systems Engineer Carter spoke about the physical appearance of the treatment and about the benefits of chipsealing. Carter explained that chipsealing does not strengthen the underlying pavement, increase the load-bearing capacity, smooth out rough or bumpy pavement, bridge large cracks or eliminate the need for maintenance or reconstruction. The City uses chipseal treatments due it is a cost effective method of preserving pavement. The life expectancy of chipseal is 3-10 years. The Committee, Mayor Lewis, and staff discussed the differences between chipseal treatment and thin overlays. Street Systems Engineer Carter reviewed how to determine when to use Page 7 of 9 PW.1 Page 23 of 85 chipseal. Chipsealing should be used on low to medium traffic volume streets, roadways that are structurally sound with low to moderate pavement distresses, and the roadways selected that are not subject to heavy vehicle traffic, sharp turning movements or high traffic volume. Chairman Wagner recommended that hills should be included in the list of streets where chipseal should not be used. The Committee agreed. Street Systems Engineer Carter used Mill Pond Drive and 15th Avenue SW as examples of roadways where the chipseal treatment is still performing well. The Committee and staff discussed City streets that have been treated with chipseal but may not have been good candidates for the treatment due to sharp turn movements. Carter talked about the other factors to consider when selecting chipseal treatment. Street Systems Engineer Carter explained that the recent bleeding problems with the chipseal treatment on Lea Hill and on the West Hill were compounded by choosing roads that had less than ideal geometrics such as, tight turns, heavy traffic volumes, and the presence of bus stops. The contractor did perform some warranty work on the roadways in 2013. Chairman Wagner asked about the length of the warranty. Carter said that the warranty is for one year. Carter explained that in certain areas, it may be necessary to grind the roadway and use an overlay treatment to correct the problems, in response to a comment made by Vice-Chair Peloza. Carter stated that staff is recommending adjustments to the City’s guidelines for chipseal use on future projects. Staff recommends using a more uniform graded aggregate, continuing using chipsealing only on lower to medium volume roads, and to use asphalt overlays in high stress areas. E. Fulmer Wellfield Feasibility Costs & Schedule (Repp) This agenda item was deferred to the November 18, 2013 Public Works Committee Meeting. F. City Speed Cushion Standard Practices (Para) This agenda item was deferred to the November 18, 2013 Public Works Committee Meeting. G. Capital Project Status Report (Vondrak) This agenda item was deferred to the November 18, 2013 Public Works Committee Meeting. Page 8 of 9 PW.1 Page 24 of 85 H. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) This agenda item was deferred to the November 18, 2013 Public Works Committee Meeting. I. Action Tracking Matrix (Dowdy/Selle) This agenda item was deferred to the November 18, 2013 Public Works Committee Meeting. IV. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:54 p.m. Approved this 18th day of November, 2013 Page 9 of 9 PW.1 Page 25 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: November 4, 2013 Minutes Date: November 12, 2013 Department: Administration Attachments: 11-4-2013 minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:November 18, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 26 of 85 Finance Committee November 4, 2013 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn. A. Roll Call Chair John Partridge and Member John Holman were present. Vice Chair Largo Wales arrived at 6:05 p.m. during discussion of on line project management software options. Officials and staff members present included: Mayor Peter B. Lewis, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Planning and Development Director Nancy Welch, City Attorney Daniel B. Heid, Advisor to the Mayor Michael Hursh, Assistant City Engineer Ingrid Gaub, Environmental Services Manager Chris Andersen, Senior Project Engineer Jacob Sweeting, and City Clerk Danielle Daskam. Also present was Jamelle Garcia of Aviation Management Group LLC. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. Minutes of the October 21, 2013 Meeting Member Holman moved and Chair Partridge seconded to approve the minutes as distributed. MOTION CARRIED UNANIMOUSLY. 2-0 B. Claims Vouchers (Coleman) Claims voucher numbers 425854 through 426052 in the amount of $1,035,138.61 and dated the 4th day of November, 2013. Member Holman moved and Chair Partridge seconded to approve Page 1 of 4 FN.1 Page 27 of 85 claims and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 2-0 C. Payroll Vouchers (Coleman) Payroll check numbers 534194 through 534224 in the amount of $310,288.11 and electronic deposit transmissions in the amount of $1,332,499.47 for a grand total of $1,642,787.58 for the period covering October 17, 2013 to October 30, 2013. See claims vouchers above for approval of payroll vouchers. III. DISCUSSION ITEMS A. Ordinance No. 6475 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the levy for regular property taxes by the City of Auburn for collection in 2014 for general city operational purposes in the amount of $15,792,046.00 Finance Director Coleman presented Ordinance No. 6475, which establishes the property tax levy for 2014. The levy includes one percent increase allowed by law, new construction of $239,000.00, Fire Pension Fund stabilization of $231,000.00, and a correction to the 2013 levy of $667,700.00. The ordinance is scheduled to be presented to the full Council on November 18, 2013. Finance Director Coleman reported that the 2014 levy rate equates to approximately a $15.00 increase on a $250,000.00 assessed value home. B. Airport Management Contract (Coleman) Finance Director Coleman presented the proposed contract for airport management services with Aviation Management Group, LLC (AMG). The term is for two years beginning January 1, 2014. Director Coleman reported that two firms responded to the City's request for proposals for airport management services. AMG was selected as the firm to perform the airport management services. AMG was asked to remove the grant and project management from their proposal. Work outside the scope of the contract will be done by a task order. The annual contract is $358,000.00. C. Resolution No. 5000 (Hursh) A Resolution of the City Council of the City of Auburn, Washington, adopting the 2014 Community Development Block Grant Action Plan for the Consolidated Plan for years 2011 to 2014 Advisor to the Mayor Michael Hursh presented Resolution No. 5000, which approves the 2014 Community Development Block Grant Page 2 of 4 FN.1 Page 28 of 85 Annual Action Plan. The Council will conduct a public hearing on the 2014 Action Plan later this evening to receive any additional public comments prior to submittal of the Plan to the U.S. Department of Housing and Urban Development (HUD). Chair Partridge suggested reorganizing Funding Priorities listed on page 4 of the Plan to group the absolute requirements and the funding priority items separately. D. Resolution No. 5003 (Welch) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a grant agreement between the City of Auburn and the State Department of Ecology Environmental Services Manager Chris Andersen presented Resolution No. 5003. Resolution No. 5003 authorizes the acceptance of a remedial action grant from the State Department of Ecology in the amount of $186,000.00. Currently, The Boeing Company and the Department of Ecology are conducting a remedial investigation of what is referred to as the "Boeing plume." The City's grant will be used to address broader concerns relating to area-wide development and redevelopment as it may be impacted by the groundwater contamination in the area. The grant will provide the City with an opportunity to assess whether there are any data gaps in the remedial investigation, provide for an economic analysis of the properties affected, and create a development strategy to facilitate continued operation and development of properties in the impacted area. E. Online Project Management Software Options (Dowdy) Senior Project Engineer Jacob Sweeting presented a PowerPoint of proposed project management software. Senior Project Engineer Sweeting reviewed the components of project management software. The project management software provides a system of integrated tools that provide workflow process standardization and streamlining, reports with information compiled from different data sources, electronic storage and tracking of project documentation, planning tools with scenario management and integrated links to project schedules, budgets and forecasts, and tools to enhance public transparency and customer service. Senior Project Engineer Sweeting reported that between now and 2018, the City has identified over $260 million of project work to be completed. There is a projected 22 percent gap between historic capital improvement project production and future demand. Project management software would allow staff to work more efficiently and Page 3 of 4 FN.1 Page 29 of 85 spend more time performing crucial project manager duties in a more cost effective and efficient manner while increasing project through- put for the City. It is estimated that implementation of project management software can reduce staff time completing administration, inspection and project management activities by approximately 6,500 hours or $470,000.00 per year freeing up staff time that can be spent working on additional projects. Senior Project Engineer Sweeting reported that Public Works, Innovation and Technology, Finance, and Project Construction Services evaluated various software options/vendors for project management software and completed a detailed analysis of the top two vendors/programs. The E-builder software was chosen as the preferred project management software. Senior Project Engineer Sweeting gave a brief overview of the E-builder software functionality and capabilities. The initial cost of the software is $159,200.00 with annual maintenance costs of $36,000.00. The costs of the software would be shared among the funds that pay for capital projects, i.e. transportation funds, utilities funds, and General Fund. Staff requests that the cost of the software be included in the upcoming 2013-2014 mid-biennial budget amendment. IV. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:35 p.m. APPROVED this ___ day of ____________, 2013. ____________________________ ___________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 4 of 4 FN.1 Page 30 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the November 4, 2013 Regular Meeting Date: November 12, 2013 Department: Administration Attachments: 11-4-2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:November 18, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 31 of 85 City Council Meeting November 4, 2013 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne, and John Holman. Department directors and staff members present: Public Works Director Dennis Dowdy, Planning and Development Director Nancy Welch, City Attorney Daniel B. Heid, Economic Development Manager Doug Lein, Police Commander Mark Caillier, Finance Director Shelley Coleman, Advisor to the Mayor Michael Hursh, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Proclamation - National American Indian Heritage Month Mayor Peter B. Lewis to proclaim November as National American Indian Heritage Month. Mayor Lewis read and presented a proclamation declaring November 2013 as National American Indian Heritage Month in the city of Auburn to Peggy Goldenman from the Daughters of the American Revolution. Ms. Goldenman thanked the people of the First Nations for sharing their knowledge and heritage. 2. Proclamation - Entrepreneurship Week Mayor Peter B. Lewis to proclaim November 18-24, 2013 as Entrepreneurship Week in the City of Auburn. Mayor Lewis read and presented a proclamation declaring November 18-24, 2013 as Entrepreneurship Week in the city of Auburn to Mountainview High School DECA student Christian Rotter. Christian thanked Mayor Lewis and Council for their support and provided a brief description of his goals as a member of the Mountainview High School DECA Club. Page 1 of 8 CA.A Page 32 of 85 D. Agenda Modifications A revised sheet 3 to the final plat attachment associated with Ordinance No. 6485 was distributed to the Council. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. 2014 Annual Action Plan of the Consolidated Plan (Backus/Hursh) City Council to conduct a public hearing on the Community Development Block Grant amendment to the 2014 Annual Action Plan of the Consolidated Plan Advisor to the Mayor Michael Hursh presented the staff report for the 2014 Annual Action Plan. The preparation of the Annual Action Plan is required by the U. S. Department of Housing and Urban Development (HUD) in order for the City to receive funds under the Community Development Block Grant (CDBG) for 2014. The 2014 Action Plan includes details of the programs to be funded with CDBG funds. Councilmember Peloza stated that the cost of wheel chair ramps in public housing can be mitigated through the Veterans Affairs Administration provided the veteran obtains a prescription for the ramp from his or her Veterans Administration doctor. Mayor Lewis opened the public hearing at 7:43 p.m. There was no public comment, and the hearing was closed. 2. 2013-2014 Biennial Budget Mid-Biennial Review (Partridge/Coleman) City Council to conduct a public hearing on the Mid-Biennial Review and Modification of the 2013-2014 Biennial Budget Finance Director Coleman presented the staff report for the 2013- 2014 Biennial Budget Mid-biennial Review public hearing. Director Coleman explained that the mid-biennial correction to the 2013- 2014 Biennial Budget has been presented to Council committees. The ordinance setting the property tax levy for 2014 will be presented to the City Council on November 18, 2013. The property tax levy will include a one percent increase over last year's levy, a levy correction to the prior year in the amount of approximately $667,000.00, and an adjustment of $231,000.00 to fully fund the Fire Relief and Pension Fund. The proposed mid-biennial adjustment includes the carry forward of capital project budgets that are not anticipated to be completed in 2013 and adjusts sales tax revenue and property tax revenue upward. Page 2 of 8 CA.A Page 33 of 85 Mayor Lewis opened the public hearing at 7:47 p.m. There was no public comment, and the hearing was closed. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Steve Vinton, 32204 46th Place South, Auburn Mr. Vinton expressed concern with the condition of the streets and lack of police presence in his neighborhood. Mr. Vinton reported that on March 20, 2012, what appeared to be City crews cleared some storm debris but left the debris on the side of the road. The debris includes seven and eight inch logs on the fog line of 46th Place South. Mr. Vinton stated that he has brought the matter to the attention of the City with no response. Mr. Vinton requested the City grade the road. Mr. Vinton provided photos of the road and debris. Battery Bob Miller, 35101 27th Avenue South, Federal Way Mr. Miller complimented the Mountainview DECA Club for their work. Ron Coen, 5130 South 324th Street, Auburn Mr. Coen inquired regarding a development on West Hill consisting of 148 homes. He expressed concern with the development's potential impact on the surrounding neighborhood and increased traffic. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met October 28, 2013. The Committee discussed the red light photo enforcement program, the cemetery financial status, the golf course financial status, the animal control and licensing program, the proposed airport management contract, Ordinance No. 6474 relating to the biennial budget adjustment, and the Committee's project matrix. The next regular meeting of the Municipal Services Committee is scheduled for November 12, 2013 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met October 28, 2013. The Committee received a presentation from Parks, Arts and Recreation Director Faber and Urban Page 3 of 8 CA.A Page 34 of 85 Tree Board Member Bryce Landrud on the activities of the Urban Tree Board. The Committee reviewed Resolution No. 5000 relating to the 2014 Annual Action Plan, Resolution No. 5003 accepting a $186,000.00 grant from the Department of Ecology for redevelopment strategies for areas impacted by the Boeing plume, and an Agreement for Services with MIG, Inc., for services related to the Comprehensive Plan update. The Committee discussed Ordinance No. 6474 relating to the biennial budget adjustment, on-line project management software options for capital projects, the director's report, and the Committee's project matrix. The next regular meeting of the Planning and Community Development Committee is scheduled for November 12, 2013 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved awarding a contract for Project No. CP1307 for installation of storm water control structures in storm water manholes and an amendment to a consultant agreement with Murray, Smith and Associates for work related to the Water Facilities Evaluation Study. The Committee discussed Ordinance No. 6475 related to the 2014 property tax levy, an agreement for services for the Comprehensive Plan update, the scope of work for the Comprehensive Sewer Plan, and the chipseal program. The next regular meeting of the Public Works Committee is scheduled for November 18, 2013 at 3:30 p.m. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed claims vouchers in the amount of approximately $1,035,138.00 and payroll vouchers in the amount of approximately $1.6 million. The Committee discussed Ordinance No. 6475 relating to the 2014 property tax levy, the proposed airport management contract, Resolution No. 5000 relating to the 2014 Community Development Block Grant Annual Action Plan, Resolution No. 5003 accepting a grant from the Department of Ecology, and on- line project management software options to improve functionality and customer service. The next regular meeting of the Finance Committee is scheduled for November 18, 2013. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Campus Committee met October 23, 2013. The Committee discussed the operating and financial plan, the flag pavilion proposal, and the Committee's project matrix. The next regular meeting of the Les Gove Community Campus Committee has been rescheduled to meet on December 4, 2013 at 5:00 p.m. F. Council Operations Committee Page 4 of 8 CA.A Page 35 of 85 Deputy Mayor Backus reported the Council Operations Committee met this evening at 5:00. The Committee reviewed and recommended some revisions to the ordinance creating the Junior City Council. The Committee also reviewed student applications received for Junior City Council and selected a draft slate of candidates. The Committee also held preliminary discussion of assignments for next year's Council committees. The next regular meeting of the Council Operations Committee is scheduled for December 2, 2013 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the October 21, 2013 Regular Meeting B. Minutes of the September 30, 2013 Committee of the Whole Meeting C. Claims Vouchers (Partridge/Coleman) Claims voucher numbers 425854 through 426052 in the amount of $1,035,138.61 and dated the 4th day of November, 2013. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 534194 through 534224 in the amount of $310,288.11 and electronic deposit transmissions in the amount of $1,332,499.47 for a grand total of $1,642,787.58 for the period covering October 17, 2013 to October 30, 2013. E. Public Works Project No. CP1307 (Wagner/Dowdy) City Council to award limited Public Works Contract No. 13-17 to RW Scott Construction Company on their low bid of $33,260.00 plus Washington State sales tax of $3,153.20 for a total contract amount of $36,413.20 for Project No. CP1307, Control Structure Installation Project F. Consultant Agreement No. AG-C-437 with MIG, Inc. (Backus/Welch) City Council approve Consultant Agreement No. AG-C-437 with MIG, Inc. for visioning for the major update to the Comprehensive Plan Update. G. Consultant Agreement No. AG-C-417 with Murray, Smith & Associates (Wagner/Dowdy) City Council authorize Amendment No. 1 to Consultant Agreement No. AG-C-417 with Murray, Smith & Associates, Inc. for professional services related to the Water Facilities Evaluation Study Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda includes minutes, claims and payroll vouchers, public works projects, and contracts. Page 5 of 8 CA.A Page 36 of 85 MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6485 (Backus/Welch) An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Sonata Hill Deputy Mayor Backus moved and Councilmember Holman seconded to introduce and adopt Ordinance No. 6485. Ordinance No. 6485 approves the final plat of Sonata Hill (formerly Brandon Place), which received preliminary plat approval from King County prior to annexation to the City. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 5000 (Backus/Hursh) A Resolution of the City Council of the City of Auburn, Washington, adopting the 2014 Community Development Block Grant Action Plan for the Consolidated Plan for years 2011 to 2014 Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 5000. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 5003 (Backus/Welch) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a grant agreement between the City of Auburn and the State Department of Ecology Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 5003. Resolution No. 5003 accepts a grant from the Department of Ecology in the amount of $186,000.00 to develop strategies to promote redevelopment of properties impacted by the Boeing plume groundwater contamination. MOTION CARRIED UNANIMOUSLY. 7-0 IX. REPORTS Page 6 of 8 CA.A Page 37 of 85 At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported on her attendance at the Trillium open house celebrating thirty years of operation in the city, a meeting with members of the North Auburn business community, Senator Joe Fain's open house, the Cities and Schools Forum, the annual Senior Center awards banquet, the Lea Hill Park grand opening, and the Auburn Food Bank Harvest Breakfast fundraiser. Councilmember Wagner reported on his attendance at the Cities and Schools Forum, a meeting with professors from Washington State University to coordinate projects related to the Innovation Partnership Zone, the grand opening of Lea Hill Park, and the Auburn Food Bank Harvest Breakfast fundraiser. Councilmember Holman reported that he attended many of the same events described earlier. He also attended King County Councilmember Pete von Reichbauer's Good Eggs Breakfast where King County Prosecuting Attorney Dan Satterberg was the speaker, the Cities and Schools Forum, the First United Methodist Church Trunk or Treat party, the South Sound Chamber of Commerce transportation special session meeting, the dissertation presentation by Dr. Derek Brandes, Vice President of Instruction at Green River Community College, and the ribbon cutting for a new business, EXOne. Councilmember Peloza reported on his attendance at the King County Water Pollution Abatement Advisory Committee meeting, the Water Resource Inventory Area (WRIA) 9 meeting, the Cities and Schools Forum, the Auburn Sister Cities Board meeting, the Auburn International Farmers Market Board meeting, the Senior Center volunteer luncheon, the Muckleshoot Indian Tribe Halloween party and costume contest, the Auburn Food Bank Harvest Breakfast fundraiser, the Chamber of Commerce holiday fundraiser, the Trillium Employment Services open house, and the funeral for Elaine Prenevost. Councilmember Osborne reported he attended the Trillium Employment Services thirty year anniversary celebration, the Lea Hill Park grand opening, the Auburn Food Bank Harvest Breakfast fundraiser, a tour of Green River and Reddington levee, and the annual Chamber of Commerce holiday auction dinner. Councilmember Partridge reported on his attendance at the Cities and Schools Forum, the Night with the Y (YMCA), the Senior Center volunteer awards luncheon, and the Auburn Food Bank Harvest Breakfast fundraiser. Page 7 of 8 CA.A Page 38 of 85 B. From the Mayor Mayor Lewis commented on the success of the Auburn Food Bank Harvest Breakfast fundraiser and reported on the upcoming events associated with Veterans Day observance and parade. Mayor Lewis reported that the City's crime rate has decreased to a level where the City no longer qualifies for a state subsidy of approximately $78,000 per year. Mayor Lewis commended the Police Department, the Community Response Team, and community block watch programs for making neighborhoods safer. X. ADJOURNMENT There being no further business to come before the City Council, the meeting adjourned at 9:00 p.m. APPROVED this _____ day of November, 2013. ___________________________ ______________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 8 of 8 CA.A Page 39 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: November 12, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council to approve claims vouchers. Background Summary: Claims voucher numbers 426053 through 426245 in the amount of $4,878,842.98 and two wire transfers in the amount of $13,506.75 and dated November 18, 2013. Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:November 18, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 40 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: November 12, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Approve payroll check vouchers. Background Summary: Payroll check numbers 534225 through 534255 in the amount of $879,171.23 electronic deposit transmissions in the amount of $1,231,319.79 for a grand total of $2,110,491.02 for the period covering October 31,2013 to November 13, 2013. Reviewed by Council Committees: Councilmember:Partridge Staff:Coleman Meeting Date:November 18, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 41 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1310 Date: November 13, 2013 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Maps Budget Impact: $0 Administrative Recommendation: City Council to approve Final Pay Estimate No. 2 to Small Works Contract No. 13-14 in the amount of $7,872.50 and accept construction of Project No. CP1310, 2013 Arterial & Collector Crack Seal Project. Background Summary: This project sealed cracks in the pavement on approximately 2.5 miles of arterial and collector streets with rubberized asphalt to help preserve the existing pavement. The attached maps show the specific streets that were crack sealed as part of this project. A project budget contingency of $87 remains in the 105 (Arterial and Collector Street pavement Preservation) fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:November 18, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 42 of 85 Project No: CP1310Project Title: Project Manager: Jai Carter Initiation/Consultant Agreement Initiation Date: June 17, 2013 Permission to Advertise Solicitation Date: July 23, 2013 Contract Award Award Date: _August 19, 2013 ______ Change Order Approval Contract Final Acceptance Funding Prior Years 2012 2013 Total 105 Fund - Arterial/Collector Pavement Preservation Fund060,00060,000 Total0060,00060,000 BUDGET STATUS SHEET 2013 Arterial & Collector Street Crack Seal Project Date: November 12, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) ActivityPrior Years2012 2013 Total Design Engineering 3,4873,487 Construction Bid 54,87054,870 Line item changes (244)(244) Construction Engineering 1,8001,800 Total0059,91359,913 Prior Years 2012 2013 Total *105 Funds Budgeted ( )00(60,000)(60,000) 105 Funds Needed 0059,91359,913 **105 Fund Project Contingency ( )00(87)(87) 105 Funds Required 0000 * ( # ) in the Budget Status Sections indicates Money the City has available. Estimated Cost (Funds Needed) 105 Arterial/Collector Street Budget Status Page 1 of 1CA.D Page 43 of 85 CA.D Page 44 of 85 CA.DPage 45 of 85 CA.D Page 46 of 85 CA.D Page 47 of 85 CA.D Page 48 of 85 CA.D Page 49 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Consultant Agreement No. AG-C-438 Date: November 13, 2013 Department: Public Works Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-438 with Brown and Caldwell, Inc. for the update of the Sewer Comprehensive Plan. Background Summary: The purpose of the Sewer Comprehensive Plan is to guide the City’s Sanitary Sewer Division with respect to future activities and improvements for the sanitary sewer utility. The City has selected Brown and Caldwell to prepare an update to the City’s existing plan which was adopted in 2009. Scope of Work The work includes the following tasks: 1.Updating System Background Information - Any changes to the system (new extensions, new pump stations, etc.) since the adoption of the previous plan will be incorporated, including potential impacts from neighboring sewer agencies and King County. 2.Evaluate Sanitary Sewer Utility Polices – Review existing policies and levels-of- service and potentially propose new policies to provide clear direction for the management of the utility. Both existing and proposed policies will be reviewed by Public Works Committee. 3.Perform Hydrologic and Hydraulic Modeling – Update and recalibrate the existing hydraulic model using updated system information and recent flow monitoring data. 4.Evaluate the System – Use the results of the hydraulic modeling and anticipated future growth to identify any existing or future capacity deficiencies. 5.Develop a Capital Improvement Program – Based on levels-of-service, hydraulic modeling, and system evaluation, identify any projects that will be needed within the next six years to provide sufficient sewer capacity. AUBURN * MORE THAN YOU IMAGINEDCA.E Page 50 of 85 6.Plan for Sewer Extensions – Based on updated system information, policies, and levels-of-service, review and update the current planned system configuration for service to unserved areas within the sewer service area. 7.Document Existing Maintenance and Operations Program – Document the organization, practices, and procedures of the Sewer Maintenance and Operations staff for inclusion in the Sewer Comprehensive Plan. 8.Financial Analysis Assistance – Incorporate City staff’s work summarizing the costs and funding of the utility into the Sewer Comprehensive Plan. 9.Prepare Comprehensive Sewer Plan – Compile the results of preceding tasks and prepare a document that can be used by the City to manage the utility and that meets the requirements of RCW 90.48.110 and WAC 173-240-050. 10.Prepare Pipe Criticality and CMMS Integration Plan – Assist the City in defining the configuration of certain portions of the Cartegraph sewer module to better capture, analyze, and use facility condition information. Costs and Budget The anticipated cost for this agreement is $303,679.00 and there is $350,000.00 budgeted between 2013 and 2014 for this effort. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:November 18, 2013 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 51 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Consultant Agreement No. AG-C-439 Date: November 13, 2013 Department: Public Works Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-439 with Carollo Engineers, Inc. for Comprehensive Water System Plan. Background Summary: The City of Auburn’s last Comprehensive Water System Plan was completed in 2009 and approved by the Department of Health (DOH) in 2012. This plan will be a substantial update to the 2009 plan as many elements of the City’s water system have been modified or are operating under other conditions. The water system plan will be developed in conjunction with an update to the City’s Comprehensive Plan. DOH requires this water system plan be submitted and approved by December 2014. Project Scope Each task corresponds to a chapter in the plan: 1.Introduction – Document the purpose, objectives, ownership and management, and the approval process of the plan. 2.Planning Considerations – Evaluate the City’s Retail Water Service Area (RWSA) considering current urban growth areas, regional planning efforts and other City planning assumptions. 3.Policies and Criteria – Document and update the City’s policies, criteria, and standards related to the administration, expansion, operation, and maintenance of the system. 4.Water Requirements – Perform demographic and demand analysis to predict current and future demands within the City’s RWSA. 5.Existing System – Document the City’s existing water system, including supply, storage, booster pump stations, interties, treatment, and distribution. 6.Water Resources – Evaluate the current and future water resources to identify potential deficiencies and proposed improvements. 7.Water Quality – Summarize water quality regulations, evaluate the raw and AUBURN * MORE THAN YOU IMAGINEDCA.F Page 52 of 85 treated water quality from each source, discuss any trends that have developed, summarize any water quality violations, summarize reporting requirements, and recommend improvements if necessary to meet anticipated or future water quality regulations. 8.Water Use Efficiency – Summarize the City’s Water Use Efficiency program, estimate the water savings from measures in the past 6 years, and project future conservation water demand. 9.System Analysis – Evaluate the distribution system using the City’s calibrated hydraulic model. Improvements will be developed for identified deficiencies. Improvements identified in other tasks will be incorporated into the model to determine the effect of comprehensive improvements. 10.Capital Improvements Plan – Summarize the recommended improvements for the sources of supply, storage, distribution and transmission, and pressure zones. Project costs will be developed for each recommended improvement and ranked by priority. 11.Financial – Summarize the City’s total cost of providing water service, assurances that the utility improvement schedule will be implemented and establish fees for service. 12.Operation and Maintenance – Evaluate the current operation and maintenance program against DOH requirements and American Water Works Association Standards. Provide a plan for establishing a formal repair and replacement program. Project Schedule Submit plan to DOH – October 2014 Final approval from DOH – December 31, 2014 Project Cost Summary The estimated cost for this agreement is $406,892.00 and there is $330,000.00 budgeted in 2014 for this effort. A budget adjustment for the balance is not anticipated since the budgeted expenditures in the Water Fund will not be exceeded this year. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:November 18, 2013 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 53 of 85 AUBURN * MORE THAN YOU IMAGINEDCA.F Page 54 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Consultant Agreement No. AG-C-440 Date: November 13, 2013 Department: Public Works Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-440 with Brown and Caldwell, Inc. for the update of the Comprehensive Stormwater Drainage Plan. Background Summary: The purpose of the Storm Drainage Comprehensive Plan is to guide the City’s Storm Drainage Division with respect to future activities and improvements for the storm drainage utility. The City has selected Brown and Caldwell to prepare an update to the City’s existing plan which was adopted in 2009. Scope of Work The work includes the following tasks: 1.Evaluate Storm Drainage Utility Polices – Review current codes, practices and policies with respect to regulatory requirements, utility service goals, low impact development and staff availability. 2.Problem Identification and Evaluation – Update and recalibrate the existing subbasin hydraulic models using the latest system information and recent flow monitoring data. Develop an additional eight subbasin models for priority ranked subbasins. Perform review of the documented annexation problem areas and develop up to ten projects to be added to the Capital Improvement Plan addressing these issues. 3.Develop a Capital Improvement Program – Based on levels-of-service, hydraulic modeling, and system evaluation, identify and compile a list of projects that will be needed within the next six years to address the system needs. 4.Document Existing Maintenance and Operations Program – Document the organization, practices, and procedures of the Storm Drainage Maintenance and Operations staff for inclusion in the Storm Drainage Comprehensive Plan. AUBURN * MORE THAN YOU IMAGINEDCA.G Page 55 of 85 5.Staffing Plan – Develop a staffing plan necessary to implement the activities prescribed in the Storm Drainage Comprehensive Plan. 6.Financial Program – Incorporate City staff’s work summarizing the costs and funding of the utility into the Storm Drainage Comprehensive Plan. 7.Prepare Storm Drainage Comprehensive Plan – Compile the results of preceding tasks and prepare a document that can be used by the City to manage the utility. 8.Prepare Pipe Criticality and CMMS Integration Plan – Assist the City in defining the configuration of certain portions of the Cartegraph storm module to better capture, analyze, and use facility condition information. Costs and Budget The anticipated cost for this agreement is $346,271.00 and there is $350,000.00 budgeted between 2013 and 2014 for this effort. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:November 18, 2013 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Page 56 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Airport Management Contract Date: November 14, 2013 Department: Finance Attachments: Airport Management Contract Budget Impact: $0 Administrative Recommendation: City Council to approve Aviation Management Group contract. Background Summary: Attached is the proposed contract for Airport management services with Aviation Management Group, LLC (AMG). The term is for 2 years beginning January 1, 2014 and ending December 31, 2015. The annual contract is $358,000 per year. The management company will also perform the fueling services and split the revenue evenly, 50%/50%, with the City after all fuel costs have been paid. The City estimates approximately $12,000 from the fuel revenue. AMG was asked to remove the grant and project management from their proposal. Work outside the scope of the contract such as crack sealing, catch basin repair, building maintenance, tenant improvements, etc., will be done by a task order where the work will be submitted to the City for review and approval. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:November 18, 2013 Item Number:CA.H AUBURN * MORE THAN YOU IMAGINEDCA.H Page 57 of 85 Page 1 of 10  AGREEMENT FOR THE DAY-TO-DAY OPERATION AND MANAGEMENT OF THE AUBURN MUNICIPAL AIRPORT BETWEEN THE CITY OF AUBURN, WASHINGTON AND AVIATION MANAGEMENT GROUP, LLC.   THIS AGREEMENT made and entered into on this _____day of ______________________________, 20_, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Aviation Management Group, LLC, hereinafter referred to as the "Contractor."   WITNESSETH:   WHEREAS, the City is engaged in the operation of the Auburn Municipal Airport   (Airport); and,     WHEREAS, City is desirous of hiring the Contractor to undertake certain physical and certain financial responsibilities of the operation, management and maintenance on a day to day basis of the Airport; and,   WHEREAS, the City has satisfied itself that the Contractor has the requisite knowledge, experience and ability to perform the tasks set forth in this Agreement, and that this Agreement contains adequate safeguards to protect the interests of all concerned who use or are affected by the Airport.     NOW, THEREFORE, in consideration of the mutual covenants, and benefits contained herein, and subject to the following terms, conditions, covenants and provisions, THE PARTIES HERETO DO MUTUALLY AGREE as follows:     1. Scope of Services. The Contractor agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the “services.") The Contractor shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. CA.H Page 58 of 85 Page 2 of 10  2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Contractor of additional services with respect to related work or projects (such an agreement for additional services shall be referred to as a "Task Order"). Any such Task Orders shall be set forth in writing and shall be executed by the respective parties prior to the Contractor's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of a Task Order, such Task Order shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Task Order were a part of this Agreement as originally executed. The performance of services pursuant to a Task Order shall be subject to the terms and conditions of this Agreement except where the Task Order provides to the contrary, in which case the terms and conditions of any such Task Order shall control. In all other respects, any Task Order shall supplement and be construed in accordance with the terms and conditions of this Agreement.   3. Performance of Additional Services Prior to Execution of Task Order. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of a Task Order impractical prior to the commencement of the Contractor's performance of the requested services. The Contractor hereby agrees that it shall perform such services upon the written or electronic request of an authorized representative of the City pending execution of Task Order, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 9 of this Agreement.   4. Contractor's Representations. The Contractor hereby represents and warrants that it has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services.   5. Schedule. Upon receipt of authorization to proceed, the Contractor will perform its services in a diligent and timely manner, provided that the Contractor shall not be liable for delays caused by circumstances out of the Contractor's control. The City shall give prompt written notice to the Contractor whenever the City becomes aware of any circumstance that may affect the timing of the performance of the services. Upon receipt of such notice, the Contractor shall respond to the notice by appropriate action and report the response to the City within ten (10) days.   6. City’s Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Contractor: a. Designate in writing a person to act as the City’s representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. CA.H Page 59 of 85 Page 3 of 10  b. Furnish the Contractor with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Contractor to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Contractor and render decisions regarding such documents in a timely manner to prevent delay of the services. e. Provide certain equipment and facilities in connection herewith, as follows: (1) Allow access to Airport facilities, and allow use of 1,350 square feet of the 506 Building as the Airport Office. f. Provide Major Capital Improvements, Major Repairs and Equipment Replacement Expenses: Expenses for (i) major capital improvements, (ii) major repairs and (iii) replacement of Airport facilities or equipment that do not result from negligence on the part of the Contractor, shall be the responsibility of the City. For these purposes, major repairs are defined as repairs that increase the value or increase the life of the facilities or equipment. Major capital improvements, major repairs and/or equipment expenses shall include, but not be limited to, the following: (1) Airport water supply and pumping system; (2) Storm drainage system and piping; (3) Major repairs to paved or improved areas to include the runway, aprons, ramps, and taxiways. (4) Major crack sealing of all City-owned and controlled surfaces; (5) Major repairs or replacement or building roofs on City-owned buildings, except as otherwise provided under a lease or rental agreement. 7. Acceptable Standards. The Contractor shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 8. Cooperation. a. The Contractor and the City shall at all times act in good faith and cooperate fully with each other, their respective agents, employees, contractors, subcontractors, and concessionaires; any other parties leasing or using space or providing services at the Airport, and the patrons of the Airport and the future development thereof, including, but not limited to, the application for and obtaining of any government approvals in connection therewith; the administration and enforcement of the existing agreements; and the general performance by the Contractor of its rights, duties and obligations under this Agreement. b. The Contractor shall assist the City in securing any approvals from the Federal Aviation Administration (FAA) required for the Contractor to operate and maintain the Airport under the City's FAA Operating Certificate. The City and the Contractor jointly shall cooperate to maintain the FAA Operating Certificate throughout the term and any extended term of this Agreement. CA.H Page 60 of 85 Page 4 of 10  c. If this Agreement is terminated for any reason, or if it is to expire on its own terms, the Parties shall make every effort to assure to the fullest extent possible under the circumstances (a) an orderly transition to another provider of the services required under this Agreement, (b) an orderly demobilization of the Contractor's own operations in connection with such services, (c) uninterrupted provision of such services during any transition period, and (d) compliance with the reasonable requests and requirements of the City in connection with such termination or expiration. d. The Contractor shall interface with any private security services at the Airport, and shall jointly or separately perform daily inspections of the Airport premises, insuring that gates are timely opened and closed, and shall further communicate to the City any concerns voiced by tenants or other users of the Airport, and where police, fire or other code or emergency response agency is called in, to cooperate with such responses and/or investigations. e. The Contractor shall also obtain and maintain in good standing training to deal with emergencies, as directed by the City. The Contractor shall also be familiar with the City Disaster/Emergency Plans applicable to the Airport and its on-site fuel system, and shall act in accordance therewith. f. The Contractor shall also notify, when and where appropriate, the FAA, and any other State, regional or federal agencies when accidents, actions or occurrences take place at the Airport. In any event, the Contractor shall notify the City, and with respect to a question of whether another outside agency should also be notified, and in the event that the Contractor is unsure as to whether such outside agency, or which outside agency should be notified, the question shall be presented to the City and the City shall determine whether such notice shall be provided and to whom such notice would be provided.   9. Compensation. a. As compensation for the Contractor’s performance of the services provided for herein, other than the fueling services described in section F of Exhibit A, the City shall pay the Contractor the fees and costs specified as follows: Twenty-Nine Thousand Seven Hundred Eighty Dollars and no/lOOths ($29,780.00) per month with that amount increased annually by the cost of living as determined by the applicable Consumer Price Index. The applicable Consumer Price Index is the Consumer Price Index for All Urban Consumers 1982 1984 100 for Seattle- Tacoma as published by the United States Government for the month of August. b. Compensation to the Contractor for performing the fueling services shall be as described in Section F of Exhibit A. c. The Contractor shall submit to the City an invoice or statement of time spent on tasks included in the additional services provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Contractor thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. CA.H Page 61 of 85 Page 5 of 10  10. Term of Agreement. The Term of this Agreement shall be for an initial two (2) year period commencing on the first day of January, 2014, and terminating on the 31st day of December, 2015, unless otherwise agreed to in writing by the parties.     11. Reports. The Contractor shall submit to the City (to the Mayor or the Mayor's designee and a copy to the City of Auburn Airport Advisory Board) not less than monthly, during the term of this Agreement and any extension hereof, periodic activity reports, summarizing hangar and tie-down space rental receipt amounts, occupancy percentages, fuel sales amounts, Airport Advisory Board agenda minutes and any other information requested by the City. Minutes will be distributed promptly. The Contractor shall also attend the meetings of the Airport Advisory Board and shall further attend such other meetings as are requested by the City, as directed by the Mayor or the Mayor's designee, to answer questions and/or receive direction from the City. The Airport Advisory Board shall serve as a resource for discussing issues and concerns involving the implementation of this Agreement.   12. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement.   13. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities.   14. Administration of Agreement. This Agreement shall be administered by Jamelle R. Garcia, on behalf of the Contractor, and by the Mayor or designee of the City, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses:   City of Auburn Auburn City Hall 25 West Main Auburn, WA 98001-4998 (253) 931-3000 FAX (253) 931-3053 Contractor Jamelle R. Garcia Aviation Management Group, LLC 36618 - 55th A ve S. Auburn, WA 98001 (253) 939-4273 CA.H Page 62 of 85 Page 6 of 10  15. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner.   Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement.   16. Insurance. The Contractor shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverage and in the amounts described below. The Contractor shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Contractor shall take out and maintain in full force and effect the following policies: a. Airport liability insurance which includes coverage for premises liability, products/completed operations, independent contractors, stop gap liability, personal and advertising injury, hangar-keepers liability, pollution liability, liability assumed under contract and a breach of warranty clause. Contractor shall maintain airport liability insurance with limits no less than $10,000,000.00 per occurrence, $10,000,000.00 general aggregate and $10,000,000.00 products- completed operations aggregate limit. The City shall be named as an additional insured on the airport liability insurance policy. b. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington.       17. Indemnification. The Contractor shall indemnify and hold harmless the City and its officers, agents, employees and volunteers from any and all claims, injuries, damages, losses, or suits including attorney fees, by reason of or arising out of the negligence of the Contractor, its officers, agents or employees in connection with the performance of this Agreement.   The City shall indemnify and hold harmless the Contractor and its officers, agents and employees from any and all claims, injuries, damages, losses, or suits including attorney fees, by reason of or arising out of the negligence of the City, its officers, agents, employees or volunteers in connection with the performance of this Agreement.   In the case of negligence of both the City (or its officers, agents, employees or volunteers) and the Contractor (or its officers, agents or employees), any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. CA.H Page 63 of 85 Page 7 of 10    It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's and the City's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.     18. Assignment. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation.   19. Services in Potential Competition with Contractor. The Contractor shall provide services to clients, customers and tenants of the Airport with fairness and without regard to whether a client, customer or tenant is engaged in a business that competes or potentially competes with a business of the Contractor, or with a business in which any principal, partner or participant of the Contractor is also a principal, partner or participant. Towards that end, the Contractor shall notify ALL clients, customers and tenants and prospective clients, customers and tenants of the Airport of this requirement, and shall also notify them that if they feel that the Contractor has not treated them in a fair manner, they may seek relief from the Mayor or the Mayor's designee of the City in terms of the services, use of premises or other activity related to the Airport. Decisions by the Mayor or designee in such cases shall be binding on the parties, provided that any party aggrieved by such decision may appeal the decision to the City of Auburn Hearing Examiner, according to the procedures of the City of Auburn therefor.   20. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default.   21. Remedies not Limited. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement.   22. Termination. a. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. It is CA.H Page 64 of 85 Page 8 of 10  provided, however, that the terminating party shall give the other party notice of the specific area(s) of performance that has/have not been performed and shall further give seven (7) business days for such performance to be fully performed in accordance with the terms of this Agreement prior to termination. If such failure to perform is corrected within said seven (7) business day's period, then the Agreement shall not be subject to termination under this sub-paragraph. b. The City may also terminate this Agreement upon not less than one hundred twenty (120) days written notice to the Contractor if the services provided for herein are no longer needed from the Contractor. c. If this Agreement is terminated through no fault of the Contractor, the Contractor shall be compensated for services performed prior to termination in accordance with the rate of compensation provided herein.   23. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties.   24. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing party shall be entitled to receive its reasonable costs and attorney's fees.   25. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Contractor of the services.   26. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties.   27. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. CA.H Page 65 of 85   28. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter.   29. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party.       IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above.   CITY OF AUBURN AVIATION MANAGEMENT GROUP, LLC           Page 9 of 10  Peter B. Lewis, Mayor   Attest:       Danielle E. Daskam City Clerk   Approved as to form:         Daniel B. Heid, City Attorney       STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Jamelle Garcia, Managing Member   ON THIS day of , 20 , before me, personally appeared ___________________________________________________ t o me known to be the ________________________________ of the Contractor, Aviation Management Group, LLC, the party that executed the within and foregoing instrument, and acknowledged said instrument to be his/her/their free and voluntary act and deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. CA.H Page 66 of 85 GIVEN under my hand and official seal this day of , 20_,         NOTARY PUBLIC in and for the State of Washington, residing at _ Page 10 of 10  My Commission Expires: _   STATE OF WASHINGTON ) ) ss. COUNTY OF KING )   ON THIS _____day of ______________________________, 20___, before me, personally appeared Peter B. Lewis and Danielle E. Daskam, to me known to be the Mayor and City Clerk of the City of Auburn, Washington, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument.   GIVEN under my hand and official seal this day of , 20_.         NOTARY PUBLIC in and for the State of Washington, residing at _ My Commission Expires: _ CA.H Page 67 of 85 Page 1 of 9  EXHIBIT “A" SCOPE OF SERVICES       A. CONTRACTOR shall prepare, negotiate, administer, and enforce on behalf of, and in the name of, CITY all of the lease agreements, contracts, documents, and instruments relating to the Auburn Municipal Airport (Airport) or its operation to which CITY is a party, consistent with the terms of this Agreement and in a manner that CONTRACTOR shall deem necessary or desirable for the efficient operation, maintenance, and management of the Airport, provided that if CONTRACTOR through common   management or otherwise, holds an ownership or controlling interest in a tenant of the Airport subject to a lease agreement, CONTRACTOR shall not negotiate, administer or enforce such lease with such related tenant or with any commercial competitor of CONTRACTOR which is also a tenant of the Airport but rather these activities shall be performed by the Mayor of CITY or such representative as the Mayor shall from time to time designate in writing. B. CITY specifically authorizes CONTRACTOR to request and demand all rent and other such charges and to institute legal proceedings, as CONTRACTOR shall deem necessary or appropriate, on behalf of, and in the name of, CITY to collect such rent and other charges. All such rent and other charges described below shall be collected by CONTRACTOR on behalf of CITY, and accounted for as provided in the Agreement. However, commencement of legal proceedings is subject to final approval of CITY. C. CONTRACTOR may propose capital improvement or property development work as a result of its concept development and planning functions or related work as set forth in this Agreement. D. CONTRACTOR will manage and operate the Airport for the use and benefit of CITY and the general public, in accordance with the requirements of this Agreement, and on fair and reasonable terms without unjust discrimination, seven (7) days a week, twenty- four (24) hours a day, in a safe and efficient manner and maintain it in a clean, orderly, safe, and operational condition in conformity with applicable Federal, State and local laws, rules and regulations. CA.H Page 68 of 85 Page 2 of 9  E. Without limiting the foregoing services to be provided by CONTRACTOR services shall include any of the following: operation, management, concession, and janitorial service as needed in any CITY-owned Airport building or activity; advertising; compliance with applicable security requirements of the FAA or other jurisdictional agency, subject to paragraph Y herein; airport and grounds maintenance, ramp operations, airfield signage, and navigation, and general aviation facilities maintenance; operation and management; public relations, and marketing. CONTRACTOR shall not cause or permit any activity or action at the Airport or on property in the vicinity of the Airport which would interfere with its use of the Airport for Airport purposes. F. CONTRACTOR shall provide fueling services at the Airport. In connection therewith, CONTRACTOR shall be responsible for purchasing the fuel wholesale, CITY and CONTRACTOR shall be jointly entitled to set the retail price of the fuel and each shall be entitled to retain fifty percent (50%) of the net proceeds from such fuel sales. Net proceeds is defined for these purposes as the remainder of funds after all normal and applicable expenses have been deducted from revenue produced from fuel sales. Normal and applicable expenses do not include major repairs (as defined in Section 6 of the Agreement) or improvements to the fueling facility. CONTRACTOR shall submit monthly an accounting of the fuel revenue and applicable expenses to the CITY and shall remit quarterly to the CITY the CITY'S share of the net proceeds from fuel sales. G. CONTRACTOR will develop and submit recommended schedules of rates, fees, and charges (exclusive of the retail price for fuel) annually for approval by CITY, provided that if CONTRACTOR, through common management or otherwise, holds an ownership or controlling interest in a tenant at the Airport whose rates, fees or charges would be affected by such recommended schedules, CONTRACTOR will not recommend schedules for such related tenant or for any commercial competitor of CONTRACTOR which is also a tenant but rather such recommendation will be made by the Mayor of CITY or such authorized representative as the Mayor shall from time to time designate for this purpose in writing. The schedule of rates, fees, and charges will not alter the rental rates in existing leases or agreements except as provided therein. CONTRACTOR will also collect and reconcile all rental and/or lease payments and fees due, using uniform procedures to provide accountability, control and security of funds. CA.H Page 69 of 85 Page 3 of 9  H. CONTRACTOR shall assist CITY, with respect to CITY's dealings with all applicable Federal and State authorities, provided, however, that CITY shall remain solely responsible to the Federal Aviation Administration (“FAA”) for the compliance with CITY’s obligations under the law and under Federal Grant Agreements unless such compliance is the responsibility of CONTRACTOR under this Agreement. CONTRACTOR is aware of and agrees to honor and respect the existing grant agreements between the CITY and FAA, including related FAA assurances. I. No exclusive right for the use of the Airport by any persons providing, or intending to provide, aeronautical services to the public shall be permitted within the meaning of Section 308 of the Federal Aviation Act of 1958. J. Security: CONTRACTOR agrees to provide Airport security during non-business office hours 365 days per year. The CONTRACTOR will bill each hangar door on the airport Five Dollars and no/1OOths ($5.00) per month for security services. The CITY will remit the security funds collected each month to the CONTRACTOR in the subsequent month. K. Hours of Operation (business hours): CONTRACTOR shall operate the Airport for public access twenty-four (24) hours daily. At least one CONTRACTOR staff person shall be available at the Airport Monday through Friday 8:00a.m. to 5:00p.m. (exclusive of state and federal holidays) to assist the public. During non-business hours, CONTRACTOR shall maintain a method of contacting the on-duty staff person for assistance, via pager or cellular telephone. CONTRACTOR will maintain and post a list, easily accessible to those needing fuel or other services, of Fixed Based Operations (FBO) able to provide fueling and ramp services on short notice outside of usual business hours. L. Operating Policies and Procedures: CONTRACTOR shall provide and maintain a staff training program and complete library of Airport operating policies and procedures at the offices of the CONTRACTOR at the Airport. CA.H Page 70 of 85 Page 4 of 9  M. Collection of Fees and Rentals: CONTRACTOR shall provide for routine invoicing and collection of all fees, rentals, and property lease charges due the Airport including: 1. Property leases; 2. Hangar rents; 3. Transient and permanent tie-down fees; 4. Business office rent; 5. All other Airport revenues   CONTRACTOR shall prepare and deposit daily cash receipts received on behalf of the CITY and forward deposit slips to the City of Auburn Finance Department. The CONTRACTOR shall also prepare and submit to the CITY a standard accounting report of all collections, on a monthly basis, no later than the fifth day after the end of the month in which the collections are made. N. Emergency Preparedness: CONTRACTOR will have available persons trained in the manner required by applicable FAA regulations to respond to emergencies, such as fires, aircraft incidents, or disasters. O. Records and Correspondence: CONTRACTOR shall maintain monthly records of all correspondence and financial transactions relating to operation of the Airport. The format and content of the monthly financial report shall be subject to the approval of the CITY's Finance Director. P. Support of Airport Interest Groups: CONTRACTOR's management shall act as the representative of the CITY through participation in meetings and activities of present and future Airport user or interest groups. Reports on such meetings and events shall be included in routine reports to the CITY. Q. Emergency Expenditures: CONTRACTOR shall be authorized to make emergency   expenditures not to exceed $5,000.00 in situations where immediate action is deemed necessary to protect the safety of the general public or protect physical assets of Airport. 1. Report: Subsequent to authorizing emergency expenditures, CONTRACTOR shall provide a written report to the CITY within five (5) days. The emergency action shall be reviewed and said review must be completed within fifteen (15) days. CA.H Page 71 of 85 Page 5 of 9  2. Reimbursement: Upon review and approval of the emergency expenditure, the   CITY shall process the request for reimbursement to CONTRACTOR.   R. CITY Reimbursement: If CONTRACTOR fails to perform any operational or financial obligation necessary to continued operation of the Airport, CITY reserves the right to perform such obligation of CONTRACTOR as may be necessary to assure continued operation of the Airport and to seek reimbursement from CONTRACTOR. S. Maintenance/Utilities:   1. Preventative Maintenance /Minor Repairs:   (a) CONTRACTOR agrees to develop and carry out at its sole expense a continuing program of preventative maintenance and minor repair activities providing general upkeep against normal wear and tear such that the Airport facilities are at all times in a serviceable condition for use in the way and manner they were designed to be used. Preventative maintenance and minor repair activities do not include major repairs as defined in Section 6 of the Agreement. All maintenance procedures and programs shall be consistent with requirements of Federal, State and CITY agencies. (b) In furtherance of that responsibility, CONTRACTOR will:   (1) Regularly inspect the Airport for needed maintenance and repairs; (2) Perform scheduled preventative maintenance including preventative maintenance of the paved surfaces, hangar and other structure preventative maintenance, signage maintenance, mowing of grass, fencing maintenance and weather related maintenance; (3) Remove, to the greatest extent legally and practically possible, obstructions and restrictions as identified in FAA regulations; and (4) Operate and maintain all Airport owned systems necessary and appropriate for operation of the Airport. 2. Restorative Maintenance - Major Repairs: Subject to expenditures approved, budgeted and authorized by the Mayor of CITY or such representative as the Mayor shall from time to time designate in writing, CONTRACTOR agrees to CA.H Page 72 of 85 Page 6 of 9  perform restorative maintenance and major repairs. CONTRACTOR also agrees to perform unanticipated major repairs. Unanticipated major repairs include, without limitation, the cost of major repair or replacement of fuel pumps and associated equipment such as fuel dispensing equipment, the fuel tanks and pedestal due to premature failure, and the office building adjacent to the fuel facility. All such work is subject to reimbursement by CITY as work compensated under the procedures of Paragraph 2 of the Agreement. CITY agrees to provide such reimbursement within thirty (30) days of presentation by   CONTRACTOR of its invoices.   3. Temporary Closure: Nothing contained herein shall be construed to require that the Airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. CITY shall remove snow and ice from the runways and taxiways as they accumulate and the CONTRACTOR will remove snow and ice within the capacity of the CONTRACTOR'S equipment. 4. Federal Facilities: Airport aids operated and maintained by the FAA shall be specifically excluded from any maintenance requirements under this Agreement. 5. Emergency Support Services: CONTRACTOR and the CITY shall each maintain authorized representatives on call at all reasonable times to act on behalf of their respective Parties for unusual, difficult, or emergency maintenance situations at the Airport. 6. Airport Utilities And Other Charges: CONTRACTOR agrees at its sole expense   to pay all charges for the airport's electrical, water, sewer (if any), security personnel (if any), fire system monitoring, annual fire extinguisher inspection, fire system annual inspection, and portable sanitation units, that is not attributable to a specific tenant or leased property. CONTRACTOR is not responsible for the payment or collection of any storm water charges; but it is the responsibility of the CITY Utilities for billing and collection and the airport's enterprise fund for the payment of storm water fees. CA.H Page 73 of 85 Page 7 of 9  T. Environmental Protection:   1. With assistance from the CONTRACTOR, CITY shall develop and maintain policies with assistance from CONTRACTOR, to assure that the Airport and Airport tenants maintain compliance with Environmental Protection Agency (EPA) standards for treatment of waste oils, fuel, solvents, etc. which may be used in aircraft, or related to aircraft manufacturing, servicing, or repair. 2. Leases and other contracts and agreements and informational documents developed by CITY and approved by CITY, CONTRACTOR will advise Airport tenants of their obligation to comply with all environmental laws, including, but not limited to, Environmental Protection Agency (EPA) standards for treatment of waste oils, fuel, solvents, and other hazardous or toxic materials which may be used in aircraft or in the course of aircraft manufacturing, servicing or repair, storm water runoff, wetlands, and other laws and requirements of the United States, the State of Washington, or CITY. Violations of those laws will be prosecuted by the responsible government agencies against the tenants directly. 3. Leases, contracts, and other documents will also provide that Airport tenants are liable for compliance with all such laws on their premises, and that they will indemnify CITY and CONTRACTOR as to liability from any such noncompliance and that such noncompliance will also be treated as an event of tenant's default for any costs or expenses incurred as a result of the failure of tenants to comply with environmental laws. U. Planning, Development, and Audit:   1. Planning and Development: CITY shall, with the assistance of CONTRACTOR and with the Airport Advisory Board, provide for planning and development of the Airport and the surrounding Airport lands in cooperation with CITY staff. CONTRACTOR shall encourage development of new facilities and services in accordance with the currently approved Airport Master Plan. 2. Airport Layout Plan (ALP): CONTRACTOR shall submit periodic input concerning the ALP to CITY. CITY agrees to update the ALP database and provide revised copies of the ALP as required by CONTRACTOR or interested governing agencies. CA.H Page 74 of 85 3. Five-year Capital Plan: CONTRACTOR shall assist with the development, and recommend for approval, updates to the currently adopted five-year Airport Capital Improvement Plan. The Plan shall support requests for the continuing development of the Airport with Federal and State funding. 4. Proposed Development: In addition to the monthly reports provided for in Paragraph 11 of the Agreement, CONTRACTOR shall provide an annual report summarizing the current status of the Airport which shall include: Proposed Development Plans: CONTRACTOR shall submit, as directed by the Mayor or the Mayor's designee, proposed improvements and developments at the Airport. These changes shall be consistent with the Airport Master Plan and five-year Airport Capital Improvement Plan adopted and updated periodically for the Airport. 5. Quality Review: It is agreed that CONTRACTOR will allow a review by an independent firm of the quality of management of the Airport. This review may be conducted annually or at any time considered appropriate. CITY may select a firm to perform the review. CITY will also bear the cost of the review. 6. CONTRACTOR shall make all records relating to this Agreement available for review and audit during normal business hours by the CITY and/or independent auditor. V. CONTRACTOR shall prepare a biennial operating projection for presentation to the CITY that shall include the following:   1. Biennial Budget: A detailed projection of revenues and expenses relating to Airport operations for each calendar year shall be developed. The plan shall be submitted by CONTRACTOR on or about August 1 of each year for review and concurrence. 2. Capital Projection: A detailed projection of capital and major expense items   anticipated for the biennial budget and the mid term corrections.   W. Performance Standards: CONTRACTOR must perform reasonably, safely, legally, and in a manner consistent with this Agreement. CONTRACTOR shall also be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the CITY. Page 8 of 9  CA.H Page 75 of 85 Page 9 of 9  CONTRACTOR shall not conduct operations in or on the Airport in a manner which in the reasonable judgment of CITY: 1. Interferes with the reasonable use by others of the Airport. 2. Hinders police, fire department or other emergency personnel in the discharge of their duties at the Airport. 3. Would constitute a hazardous condition at the Airport. 4. Would involve any illegal purpose. 5. Is not materially in accordance with this Agreement.   X. CONTRACTOR'S Duty to repair: CONTRACTOR shall repair any and all damage to the property of CITY located at the Airport caused by CONTRACTOR, its agents or employees, except to the extent the actions were required by directions of CITY. Y. Compliance With Heightened Security Requirements: CONTRACTOR shall, if required by additional regulatory requirements for Airport security of the FAA, Homeland Security or any other jurisdictional agency, make changes to the security procedures and/or equipment used to provide Airport security, provided that CITY agrees to pay as work compensated under the procedures of Paragraph 2 of the Agreement the reasonable out of pocket cost incurred by CONTRACTOR, subject to prior approval of the CITY, to comply with changed requirements imposed after the effective date for capital improvements such as additional or higher fencing, surveillance or monitoring equipment or other capital investments which are mandated by law. CITY shall have the right to inspect estimates of cost to comply before expenditures are made and suggest alternatives, but CONTRACTOR shall be reimbursed its reasonably necessary cost to comply with new security mandates within twenty days of presenting invoices for such cost, following the inspection described above. Z. Exclusion for Litigation Support: The Scope of Services does not include services of CONTRACTOR for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken where defended by CITY in connection with this Agreement in an action to which CONTRACTOR is not a party. All such services required or requested of CONTRACTOR by the CITY, will be work compensated under Paragraph 2 of the Agreement.     CA.H Page 76 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Contract 12-18 City Hall Remodel, Phase I Date: November 13, 2013 Department: Finance Attachments: Budget Status Sheet Final Pay Estimate Summary Budget Impact: $0 Administrative Recommendation: City Council Project Acceptance and authorization of Final Pay Estimate for completed construction of the City Hall Remodel-Phase I, Contract No. 12-18, Lincoln Construction, Inc. Background Summary: City Hall Remodel, Phase I: Renovation remodel of the Auburn City Hall 2nd floor, including all construction, electrical, heating ventilation & cooling, plumbing systems and fixtures, furniture, and equipment to accommodate the relocation of the Office of the Mayor, City Council Offices, conference rooms and the Department of Human Resources. A Budget Status Sheet, summary of all pay estimates including the final pay estimate 1177-9 is attached. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Hursh Meeting Date:November 18, 2013 Item Number:CA.I AUBURN * MORE THAN YOU IMAGINEDCA.I Page 77 of 85 Form 7.04 - Budget Status Sheet Project No: CP1009Project Title: Project Manager: William Thomas Initiation/Consultant Agreement Initiation Date: October 7, 2012 Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20132014 Future Years Total 328 Fund 240,567632,643873,210 Total240,567632,64300873,210 Activity Prior Years 20132014 Future Years Total Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET City Hall Remodel Phase I Date: November 6, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. 0 Design Engineering - Consultant Costs73,87288,656162,528 Construction Estimate166,695543,987710,682 0 0 0 Total240,567632,64300873,210 Prior Years 21032014 Future Years Total 328 Funds Budgeted ( )(240,567)(632,643)00(873,210) 328 Funds Needed240,567632,64300873,210 328 Fund Project Contingency ( )00000 328 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 328 CH Phase I Budget Status CA.I Page 78 of 85 INVOICE SUMMARY Page 1 CUSTOMER: CITY OF AUBURN JOB' AUBURN CITY HALL REMODEL PH I Invoice Date 1177-9 30/2013 25 WEST MAIN STREET Invoice Date 9/30/2013 AUBURN,WA 93001-4998 Contract No. 9/30/2013 Contract No. 12-18 Contract Date CONTRACTOR- LINCOLN CONSTRUCTION,INC INVOICE SUMMARY P O BOX 730 21323 MOUNTAIN HWY E Onginal Contract 552,76200 SPANAWAY,WA 98387 Total Change Orders 298,803.00 Revised Contract 851,565.00 Completed&Stored to Date 851,565.00 Plus Sales Tax 1,196.43 Less Retainage 62930 Total Earned 852,131 73 Less Previous Requests for Payment Line 6frcm prior application( 838,971.00 CurrentAmount due 13,160.73 Balanceto Fimsh,Plus Retamage 629.70 For further information,please see attached detail CONTRACTOR'S CERTIFICATION ARCHITECT'S CERTIFICATE FOR PAYMENT The undmogned Contractor certifies that to the best efthe Cbrtractofs knowledge,In accordance with meCOnoact oewmems,based on oo-ste obaervaelans and she data oforbriman and behef,Ne Work covered by thh Apphiauon for:cpnenshaz been comprising the above apphonon,the Architect certifies to the Own<rthat to the best of the completed In accordance with the Contra a Documents,that all amounts have been mtmeu'ske.WNg4 intormumen and WHO.the Work has progressed as indicated.she paid by she Contractor for wort for whirl,previous Cearcates for Payment were quabty of the Work Is In accordance with the Contract Doaments,and the Comnctpr is issued and payments receHedfrom the Owner,and that wnmt paymm,shown mlNed to p+vment Nthe Amount Certified: S herein is now due. Arduteai: L1NCOlN CON YEF N,INC gy wit This unification s not negotiable.The Amoum UdirKd I3 payable to the fnntractor named Danul GtlnWn;President herein.Issuance,payment and a ps+nce ofpaammt are without prejudice to an rights ofthe 11I/./ Amer or contractor trio uContract CA.I Page 79 of 85 LINCOLN CONSTRUCTION, INC. 21323 MT.HWY EAST PO BOX 730 SPANAWAY WA 98387 PH (253)847.6414 FAX(253)847-6806 LETTER OF TRANSMITTAL DATE: 10/1/13 JOB NO. 1177 j ATTENTION Bill Thomas I Jan Dorbritz I TO City of Auburn RE: CONTRACT 12-18 25 West Main Street Auburn,We 98001-4998 I WE ARE SENDING YOU Attached Under separate cover via the following items: Invoice Prints Plans Samples Specifications Copy of Letter Change Order Via Fax I COPIES DATE NO 1 9/30113 1 1177-9 SEP INVOICE 12,594.00 RETAINAGE 629.70 SALES TAX 1,196.43 TOTAL $13,160.73 o 07 2 0 6 ea n OA'-)N, n Z I THESE ARE TRANSMITTED as checked below, Forapproval and Payment Approved as submitted Resubmit copies for approval V I For your use Approved as noted Submit copies for distribution As requested Returned for corrections Return corrected prints i For review and comment FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US REMARKS THIS IS THE FINAL BILLING FOR THE AUBURN CITY HALL REMODEL. Daniel C Lincoln, President, Lincoln Construction, Inc I iII COPY TO:fie I BY*Linda Vacca If enclosures are not as noted,kindly notify us at once. CA.I Page 80 of 85 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6475 Date: November 13, 2013 Department: Finance Attachments: Ordinance No. 6475 Budget Impact: $15,792,046.00 Administrative Recommendation: For discussion only. Background Summary: Attached is proposed Ordinance No. 6475, establishing the 2014 Property Tax Levy. The 2014 Property Tax Levy is based upon preliminary information from King County and represents an increase over the 2013 levy, as allowed under State law, and also includes estimated property taxes on new construction of $239,000. King County will not finalize the City’s assessed valuation (AV) and new construction until December therefore the levy will be based upon preliminary information as it is scheduled for Council adoption on November 18, 2013. The following table summarizes the 2014 Property Tax levy: 2014 Property Tax Levy Calculations 2013 property tax levy $ 14,509,253 Add 1% increase 145,093 Add new construction & improvements 239,000 Add fire pension fund 231,000 Add correction of 2013 levy error 667,700 Total 2014 Property Tax Levy $ 15,792,046 Ordinance No. 6475 will be reviewed by the Council Finance Committee on November 4 (first reading) and on November 18 (final reading) before being referred to the full Council for adoption on the same night (November 18). Filing of the adopted ordinance will be made by December 1, as required by the County. As of this date the County has preliminarily established the 2014 assessed valuation (including new construction) for the City of Auburn at $7,311,156,400 which is a 5.8% increase over the 2013 level of $6,909,168,076. AUBURN * MORE THAN YOU IMAGINEDORD.A Page 81 of 85 The total 2014 Property Tax Levy will be distributed to the General Fund to support general governmental operations. Reviewed by Council Committees: Finance, Municipal Services, Planning And Community Development, Public Works Councilmember:Partridge Staff:Coleman Meeting Date:November 18, 2013 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 82 of 85 ---------------------------- Ordinance No. 6475 October 30, 2013 Page 1 of 3 ORDINANCE NO. 6 4 7 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING THE LEVY FOR REGULAR PROPERTY TAXES BY THE CITY OF AUBURN FOR COLLECTION IN 2014 FOR GENERAL CITY OPERATIONAL PURPOSES IN THE AMOUNT OF $15,792,046.00 WHEREAS, the City Council of the City of Auburn has met and considered its budget for the calendar year 2014; and WHEREAS, pursuant to RCW 84.55.120 the City Council held public hearings on October 7, 2013 and November 4, 2013, after proper notice was given, to consider the City of Auburn’s 2014 budget and the regular property tax levy to support it; and WHEREAS, the City Council of the City of Auburn, after public hearing, and after duly considering all relevant evidence and testimony presented, has determined that the City of Auburn requires property tax revenue and any increase of new construction and improvements to property, any increase in the value of state-assessed property, annexations, and any refund levies in order to discharge the expected expenses and obligations of the City and in its best interest; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regular property taxes for collection in the City of Auburn for the year 2014 are authorized in the amount of $15,792,046.00. ORD.A Page 83 of 85 ---------------------------- Ordinance No. 6475 October 30, 2013 Page 2 of 3 This amount includes: (a) a correction of the levy base in the amount of $667,700.00 representing the 4.6% levy reduction that was not required for 2013, (b) $231,000.00 representing 1.6% to fully fund the Fire Pension Fund which was found to be deficient in the January 2013 actuarial valuation, and (c) $145,093.00 or 1% in amounts authorized by the levy growth limit factor for a combined dollar increase of $1,043,793.00 or 7.2% over the amounts actually levied in 2013. The increases above do not include the addition of new construction and improvements to property, any increase in the value of state assessed property, any refund levies available, and any other adjustments as a result of annexations that have occurred. Section 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause or phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ORD.A Page 84 of 85 ---------------------------- Ordinance No. 6475 October 30, 2013 Page 3 of 3 Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ PETER B. LEWIS MAYOR ATTEST: _____________________________ Danielle E. Daskam City Clerk APPROVED AS TO FORM: ____________________________ Daniel B. Heid City Attorney PUBLISHED: ________________ ORD.A Page 85 of 85