HomeMy WebLinkAbout05-19-2014 CITY COUNCIL AGENDA PACKET
City Council Meeting
May 19, 2014 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
1. Washington State Department of Transportation (WSDOT) Presentation on
SR 167 Hot Lanes
Patty Rubstello, Toll Operations Director for WSDOT, will provide an update
to the Mayor and City Council on the SR 167 Hot Lanes Project.
2. Valley Regional Fire Authority (VRFA) Presentation to Councilmember
Peloza
Fire Fighter Jesse Mitchell to present award to Councilmember Bill Peloza on
completing the Fire Ops 101 training.
3. National Public Works Week
Mayor Backus to proclaim May 18-24, 2014 as National Public Works week in
the City of Auburn.
4. Mt. Baker Middle School Presentation
Mt. Baker Middle School teacher, Susan Winter, and students to provide an
update on current activities with the organization End Zone Academy.
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1. Public Hearing for Franchise Agreement No. 14-06* (Osborne/Mund)
City Council to hold a public hearing on the application of tw telecom of
washington llc, for a non-exlcusive franchise for the right of entry, use and
occupation of certain public right(s)-of way within the city, expressly to install,
construct, erect, operate, maintain, repair, relocate and remove its facilitieis
in, on, upon, along and/or across those right(s)-of-way. The purpose of the
public hearing is to determine public benefit and impact, applicant
compliance, public right-of-way capacity to accommodate the
telecommunication system, potential disruption of public right-of way, and
present and future use of the public right-of-way
Page 1 of 82
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
1. May 12, 2014 Minutes* (Peloza)
B.Planning & Community Development
1. May 12, 2014 Minutes* (Holman)
C.Public Works
1. May 5, 2014 Meeting Minutes* (Osborne)
D.Finance
1. May 5, 2014 Meeting Minutes* (Wales)
E.Les Gove Community Campus
F.Council Operations Committee
G.Junior City Council
1. May 19, 2014 meeting (Wagner)
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. May 5, 2014 Regular Meeting Minutes*
B. Claims vouchers (Wales/Coleman)
Claims voucher number 428546 through 428727 in the amount of $3,744,492.90
and 3 wire transfers in the amount of $250,413.97 and dated May 19, 2014.
C. Payroll Vouchers (Wales/Coleman)
Payroll check numbers 534680 through 534714 in the amount of $825,469.81,
electronic deposit transmissions in the amount of $1,268,009.95 for a grand total
of $2,093,479.76 for the period covering May 1, 2014 to May 14, 2014.
D. Public Works Project No. C410A* (Osborne/Snyder)
City Council to approve Final Pay Estimate No. 9 to Contract No. 11-12 in the
amount of $5,780.94 and accept construction of Project No. C410A South 277th
St. Reconstruction-Wetland Mitigation Improvements
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
Page 2 of 82
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.RESOLUTIONS
A. Resolution No. 5071* (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute second amendment to agreement between the
City of Auburn and Redflex Traffic Systems, Inc.
(RECOMMENDED ACTION: City Council adopt Resolution No. 5071.)
B. Resolution No. 5072* (Wales/Lein)
A Resolution of the City Council of the City of Auburn, Washington, approving the
action of the Washington Economic Development Finance Authority in issuing non-
recourse revenue bonds to finance an economic development facility for use by
Orion Industries, and providing for other matters properly relating thereto
(RECOMMENDED ACTION: City Council adopt Resolution No. 5072.)
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 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Franchise Agreement No. 14-06
Date:
April 21, 2014
Department:
Public Works
Attachments:
Draft Ordinance No. 6506
Budget Impact:
$0
Administrative Recommendation:
City Council to hold a public hearing in consideration of Franchise Agreement No. 14-06
Background Summary:
Per Auburn City Code Chapter 20.06.030 a public hearing shall be held to consider the
proposed Franchise Agreement No. 14-06 for tw telecom of washington llc to operate
and build a telecommunications system within the City’s rights of way. The date of the
public hearing was set by Resolution No. 5062 on May 5, 2014.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Mund
Meeting Date:May 19, 2014 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 4 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 1 of 19
ORDINANCE NO. 6506
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
TW TELECOM OF WASHINGTON LLC, A
DELAWARE LIMITED LIABILITY COMPANY, A
FRANCHISE FOR TELECOMMUNICATIONS
WHEREAS, tw telecom of washington llc (“Grantee”) has applied to the
City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A,” attached hereto and
incorporated by reference (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
“B,” attached hereto and incorporated by reference, and all necessary
appurtenances thereto, (“Grantee Facilities”) for provision of those services set
forth in Exhibit “C” (“Grantee Services”) in, along, under and across the
Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
PH.1 Page 5 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 2 of 19
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights-of-way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right-of-way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City: City of Auburn
Engineering Aide, Transportation
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
PH.1 Page 6 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 3 of 19
Telephone: 253-931-3039
Grantee: Greg Diamond
Vice President, Regulatory
tw telecom of washington llc
10475 Park Meadow Drive
Littleton, CO 80124
Telephone: 206-676-8052
with a copy to:
Tina Davis
Senior VP & General Counsel
tw telecom of washington llc
10475 Park Meadow Drive
Littleton, CO 80124
Telephone: 303-566-1279
B. Any changes to the above-stated Grantee information shall be sent
to the City, referencing the title of this agreement.
C. The above-stated Grantee voice telephone numbers shall be
staffed at least during normal business hours, for their respective time zones.
The City may contact Grantee at the following number for emergency or other
needs outside of normal business hours of the Grantee: Network Operations
Center 1-800-829-0420
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then-current term). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
PH.1 Page 7 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 4 of 19
extension thereof, the Franchise automatically continues month to month until
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
“Maintenance” or “Maintain” shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, “Franchise Acceptance”). The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within 30 days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
PH.1 Page 8 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 5 of 19
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
Facilities. Grantee shall comply with all applicable City, State, and Federal
codes, rules, regulations, and orders in undertaking such work, which shall be
done in a thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right-of-way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Grantee.
D. Before commencing any work within the public right-of-way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City in writing as promptly as possible, before
such repair or emergency work commences, or as soon thereafter as possible, if
advance notice is not practical. The City may act, at any time, without prior
written notice in the case of emergency, but shall notify the Grantee in writing as
promptly as possible under the circumstances.
Section 8. Damages to City and Third-Party Property
PH.1 Page 9 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 6 of 19
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-
party, Grantee will restore, at its own cost and expense, said property to a safe
condition. Such repair work shall be performed and completed to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right-of-way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water facilities and ten (10) feet from above-
ground City water facilities; provided, that for development of new areas, the City,
in consultation with Grantee and other utility purveyors or authorized users of the
Public Way, will develop guidelines and procedures for determining specific utility
locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested of the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. Said information
shall include, at a minimum, as-built drawings of Grantee Facilities, installation
inventory, and maps and plans showing the location of existing or planned
facilities within the City. Said information may be requested either in hard copy
or electronic format, compatible with the City’s data base system, as now or
hereinafter existing, including the City’s geographic information Service (GIS)
data base. Grantee shall keep the City informed of its long-range plans for
coordination with the City’s long-range plans.
PH.1 Page 10 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 7 of 19
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City.
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City’s release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including reasonable attorney’s fees) imposed on
the City because of non-disclosures requested by Grantee under Washington’s
open public records act, provided the City has notified Grantee of the pending
request and City acts in accordance with the provisions of Washington’s open
public records act.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities as ordered by the City at no expense or
liability to the City, except as may be required by RCW Chapter 35.99. Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other
losses in connection with any such change, relocation, abandonment, or vacation
of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City’s discretion, either abandon in place or remove the affected
facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
PH.1 Page 11 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 8 of 19
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99. Where other utilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence of the City. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent
negligence of the Grantee and the City, its officers, officials, employees, and
volunteers, the Grantee's liability hereunder shall be only to the extent of the
Grantee's negligence.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and/or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right-of-way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City’s failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City’s failure or inability to provide such services.
PH.1 Page 12 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 9 of 19
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’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.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 or a substitute form providing
equivalent liability coverage and shall cover liability arising from premises,
operations, independent contractors, products-completed operations, stop gap
liability, and personal injury and advertising injury and liability assumed under an
insured contract. The Commercial General Liability insurance shall be endorsed
to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or a
substitute form providing equivalent liability coverage. There shall be no
endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse, or underground property damage. The
City shall be named as an additional insured under the Grantee’s Commercial
General Liability insurance policy with respect to the work performed under this
Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and
Additional Insured-Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing equivalent coverage.
PH.1 Page 13 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 10 of 19
3. Professional Liability insurance with limits no less than
$1,000,000 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Grantee may utilize primary and umbrella liability insurance
policies to satisfy the insurance policy limits required in this section.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee’s insurance
and shall not contribute with it.
2. The Grantee’s insurance shall be endorsed to state that
coverage shall not be cancelled by either party except after thirty (30) days’ prior
written notice by certified mail, return receipt requested, has been given to the
City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
PH.1 Page 14 of 82
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 11 of 19
The Grantee shall provide the City with a bond in the amount of Fifty Thousand
Dollars ($50,000) running for, or renewable for, the term of this Franchise, in a
form and substance acceptable to the City. In the event Grantee shall fail to
substantially comply with any one or more of the provisions of this Franchise,
then there shall be recovered jointly and severally from the principal and any
surety of such bond any damages suffered by City as a result thereof up to the
amount of Fifty Thousand Dollars ($50,000), and from the principal only any
damages suffered by the City in excess of the bond amount, including but not
limited to staff time, material and equipment costs, compensation or
indemnification of third parties, and the cost of removal or abandonment of
facilities hereinabove described. Grantee specifically agrees that its failure to
comply with the terms of Section 19 shall constitute damage to the City in the
monetary amount set forth therein. The amount of the bond shall not be
construed to limit the Grantee’s liability to the City for any damages suffered by
City as a result Grantee’s noncompliance, or otherwise limit the City’s recourse to
any remedy to which the City is otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors and assigns of the Grantee, and
all rights and privileges, as well as all obligations and liabilities of the Grantee
shall inure to its successors and assignees equally as if they were specifically
mentioned herein wherever the Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance, which consent shall
not be unreasonably withheld, conditioned or delayed. Notwithstanding the
foregoing, no consent of the City or fee shall be required for Franchisee to assign
this Franchise to any entity under common control with, controlled by, or
controlling Grantee, or to any entity that acquires Grantee by merger, sale,
consolidation or otherwise, provided Grantee promptly notifies City of such
assignment, provides information regarding the nature of the relationship
between Grantee and the assignee, and provides a written agreement to the City
that the assignee is unconditionally assuming all of the terms of the Franchise
upon the effective date of the assignment.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
PH.1 Page 15 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 12 of 19
investigating the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer pursuant to paragraph B, the proposed
Assignee or Transferee shall file with the City a written promise to unconditionally
accept all terms of the Franchise, effective upon such transfer or assignment of
the Franchise. The City is under no obligation to undertake any investigation of
the transferor’s state of compliance and failure of the City to insist on full
compliance prior to transfer does not waive any right to insist on full compliance
thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any mediation, suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
PH.1 Page 16 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 13 of 19
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the bond set forth in Section 16
for every day after the expiration of the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee’s
concerns to the maximum extent the City deems possible, in which event
Grantee may pursue any available remedies at equity or in law and/or Grantee
may terminate this Franchise within twenty (20) days of written notice to City.
Section 21. License, Tax and Other Charges
PH.1 Page 17 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 14 of 19
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
under applicable state or federal law for revenue or as reimbursement for use
and occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
Nancy Backus, MAYOR
ATTEST:
PH.1 Page 18 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 15 of 19
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
PH.1 Page 19 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 16 of 19
PH.1 Page 20 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 17 of 19
Exhibit B
Grantee Facilities
Fiber facilities in yellow are owned by Zayo re: Franchise Agreement No 12-41, Ord No
6452 and are being leased by tw telecom. tw telecom may obtain certain other facilities
from CenturyLink and others from time to time to provide service in the City of Auburn.
tw telecom may also install its own facilities in accordance with the terms and conditions
of this Ordinance.
PH.1 Page 21 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 18 of 19
Exhibit C
Grantee Services
tw telecom offers integrated data services, dedicated internet access and
provides local and long distance voice services to commercial businesses.
PH.1 Page 22 of 82
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 19 of 19
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
tw telecom of washington llc, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
tw telecom of washington llc
by: tw telecom holdings inc.,
its sole member
By: Date:
Name:
Title:
ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss.
COUNTY OF DOUGLAS )
I, , a Notary Public in and for the State of Colorado, do hereby
certify that __________________, ________________________ of tw telecom holdings inc., the sole
member of tw telecom of washington llc, did personally appear before me affixing his/her signature on the
attached document.
Sworn and Subscribed this day of ____________________, 2014.
Notary Public
My commission expires .
[SEAL]
PH.1 Page 23 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 12, 2014 Minutes
Date:
May 15, 2014
Department:
Police
Attachments:
May 12, 2014 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:May 19, 2014 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 24 of 82
Municipal Services Committee
May 12, 2014 - 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 Claude DaCorsi.
Staff present: Mayor Nancy Backus, Chief of Police Bob Lee,
Finance Director Shelley Coleman, City Attorney Dan Heid, Project
Engineer Seth Wickstrom, and Police Secretary/Scribe Terry
Mendoza. Others present: Auburn Reporter representative Robert
Whale.
B. Announcements
C. Agenda Modifications
RESOLUTION NO. 5071* (Coleman)
Finance Director Shelley Coleman reported on the contract extension
between the City and Redflex Traffic Systems, Inc. (Redflex). The
RFP process was conducted with a total of three bids received. After
staff interviews and review of the respondent's bids, a vendor has
been selected and contract negotiations have commenced. Based on
staff discussions, which included Redflex, it was decided that a 6-
month transition would be necessary in order to have a continuation of
services until the new vendor is ready and operational. This time
frame includes moving the new contract through Committees and
Council, and three months of testing between the City and the
new vendor's equipment. Chair Peloza inquired about the current
equipment and whether it would be removed. City Attorney Dan Heid
commented that the above-ground equipment would be removed and
returned to Redflex; the underground wiring would remain.
Vice Chair Osborne stated that based on the information provided he
does not believe there is a reason to extend the Redflex contract.
Additionally, if we are going to a new vendor we will need to cut our
ties with Redflex at some point in time and extending their contract
Page 1 of 4
MS.1 Page 25 of 82
does not make sense. City Attorney Heid and Mayor Nancy Backus
reiterated that the extension allows for a continuation of services
instead of going without red light photo enforcement for several
months, up to possibly six months. The contract extension provides a
better transition while the new vendor is put in place. Chair Peloza
shared that he would hate to see a break in services, as well. Staff
initially looked at a three month contract extension. However, in
additional discussions about bringing forth the new contract through
the multiple committee meetings and Council, and the amount of
testing that is involved including installation as recommended by
Innovation & Technology Director Ron Tiedeman, the six month time
frame seemed reasonable. Council member DaCorsi inquired about
the possibility of the transition being completed sooner. City Attorney
Heid responded that the extension is for a specific period of time and
transition dates will be targeted so that they are aligned and in order
to avoid the gap in services. Finance Director Coleman added that
this is a complex transition as it involves Police, Public Works,
Innovation & Technology, and King County District Court. Committee
discussion followed.
Council member DaCorsi moved to forward Resolution No. 5071 to
full Council for consideration with an amendment that states we will
have an agreement with Redflex for a period of four (4) months and
additionally month to month after that, not to exceed six (6) months
total. Chair Peloza seconded. Vice Chair Osborne voted against the
motion.
MOTION PASSED: 2-1
II. CONSENT AGENDA
A. April 28, 2014 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member DaCorsi seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
*A scrivener's error was noted and will be corrected before publication
of the final Minutes.
III. ACTION
A. Public Works Project No. CP1324 (Coleman)
Project Engineer Seth Wickstrom briefed the Committee on the
request to advertise for the Airport pavement rehabilitation project.
The project will be bid with multiple schedules. The main schedule
covers the seal coat on the runway and around the south hangars.
Page 2 of 4
MS.1 Page 26 of 82
Anticipated grant funding should cover this portion of the multiple
project schedule. The additive schedule will cover the parking lot to
the south, some of the parking areas in the middle, and the north
hangars. This portion should not be covered as part of the anticipated
funding; however, this could be added to the project based on the bids
that are received. The third schedule involves doing a slurry seal 25
feet around the hangars. This specific work is not eligible under the
terms of the FAA grant and would need to be paid for by City funds.
Staff will review whether to add this to the project based on bids and
total available funds for the Airport Project. Member DaCorsi inquired
about the time frame and whether the runway would be completely out
of commission during the project. Finance Director Shelley Coleman
stated that the time frame would probably be during the warmer
months of July and August. There should also be limited takeoff and
landing capabilities for the runway based on a previous runway
rehabilitation project which involved working on half of the runway at a
time. Committee discussion followed.
Vice Chair Osborne moved to forward Public Works Project No.
CP1324 to full Council for consideration. Member DaCorsi seconded.
Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Police 2013 Workload Analysis (Lee)
Chief of Police Bob Lee reported on the Police Department's 2013
Workload Analysis. This analysis has been in existence since 1996
and is utilized by administrative staff to analyze trends and provide
guidance for the planning of future police services. Chief Lee stated
that minimum staffing is one officer in each district 24/7. The districts
are set up geographically based on the calls for service areas. In
addition to minimum staffing two bicycle officers are assigned to the
downtown area (District 2) and two officers are assigned to the Outlet
Collection Mall (District 4). There is one officer assigned to handle
Domestic Violence (DV) cases. Statistics show DV incidents have
increased; however, it is a testament to the fact that citizens are more
comfortable in reporting DV situations where they may not have
reported it in the past. Committee discussion followed.
B. Project Matrix
An update to the status for Item 10P was the only change identified for
the Project Matrix.
V. ADJOURNMENT
The meeting was adjourned at 4:22 pm. The next regular meeting of the
Page 3 of 4
MS.1 Page 27 of 82
Municipal Services Committee is scheduled for Tuesday, May 27, 2014 in
Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA.
Signed this ________ day of May, 2014.
____________________ _________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 4 of 4
MS.1 Page 28 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 12, 2014 Minutes
Date:
May 15, 2014
Department:
Planning and Development
Attachments:
May 12, 2014 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Holman Staff:
Meeting Date:May 19, 2014 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 29 of 82
Planning and Community
Development
May 12, 2014 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
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.
A. Roll Call
Chair John Holman, Vice-Chair Largo Wales and Member Yolanda
Trout were present. Also present were Mayor Nancy Backus, Director
of Community Development and Public Works Kevin Snyder,
Assistant Director of Community Development Services Jeff Tate,
Economic Development Manager Doug Lein, Transportation Manager
Pablo Para, Traffic Engineer James Webb, and Community
Development Secretary Tina Kriss.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - April 28, 2014 (Tate)
Member Trout moved and Vice-Chair Wales seconded to approve the
April 28, 2014 Planning and Community Development Committee
minutes as written.
Motion carried unanimously. 3-0
III. DISCUSSION ITEMS
A. Draft 2015-2020 Transportation Improvement Plan (Webb)
Transportation Manager Pablo Para explained that the draft version of
the 2015-2020 Transportation Improvement Plan (TIP) received today
is a preliminary draft, staff will be making additional revisions before
coming back to the Committee for action to go forward to a Public
Hearing and proposed adoption before full City Council.
Page 1 of 4
PCD.1 Page 30 of 82
Traffic Engineer James Webb and Transportation Planner Pablo Para
distributed a 2015-2020 TIP program summary. The Committee and
staff reviewed the completed projects to be removed from TIP, new
projects to be added and substantial TIP updates.
A brief discussion was held regarding various reports required for
projects and the increase in reporting for grant funded projects. The
Committee discussed numbers 64 through 66, Lea Hill
improvements. Transportation Manager Pablo Para answered
questions from the Committee on traffic impact fees, calculations, and
exemptions.
B. Short Plat Thresholds (Tate)
Discuss modifying the City's short plat threshold to align with State
Law.
Assistant Director Tate provided background information on the short
plat thresholds, subdivisions and short subdivisions. A discussion
was held between the Committee and staff as to the benefits of
increasing the number permissible as a short subdivision. Staff
identified a cost savings of approximately $4,660.00 for those
developers able to apply for a short subdivision instead of applying for
a subdivision if the number allowed in a short subdivision increased
from 5 to 9 or fewer lots. Assistant Director Tate explained that the
City would also save a considerable amount of staff hours by making
this update. The Committee also expressed interest in understanding
cost recovery of fees collected verses resources consumed when
processing land divisions.
The Committee and staff discussed the idea of increasing the number
allowed in a short subdivision while maintaining all of the development
standards of a subdivision for those short subdivisions with 5 to 9 lots.
The Committee and staff discussed the process to update the Auburn
City Code if this change was recommended. The Committee asked
staff to add this item to the PCDC Status Matrix and expressed their
support of increasing the number allowed in a short subdivision while
maintaining long division standards for 5 to 9 lots. In response to the
request by the Committee for staff to return with a comparison
matrix, Assistant Director Tate stated staff will first return to the
Committee with an overview of the Plat/Subdivision process in June
and follow up with a comparison matrix for short subdivisions and
subdivisions with the proposed updates in July.
C. American Planning Association Report (Tate)
Discuss "Investing in Place".
Assistant Director Tate opened the discussion on “Investing in Place”
Page 2 of 4
PCD.1 Page 31 of 82
by discussing the different terms of demographics (Millennials, aged
21 to 34; Generation X, aged 35 to 49; and Active Boomers, aged 50
to 65) and explained that the Millennials and Active Boomers share
many of the same concerns and beliefs regarding planning outcomes,
meaningful economic development strategies, and the types of
community attributes that are desirable.
Chair Holman provided an article to the Committee on the economics
of places and mentioned the book “Walkable City” and “The
Economics of Place”.
The Committee discussed the importance of walkability, connectivity,
and providing amenities that are desirable to the community. The
Committee would like to continue the discussion on investing in place
and asked staff to add this item to the PCDC Status Matrix. The
Committee agreed that the report and its conclusions had relevance in
the Comprehensive Plan update and that it is appropriate to focus
economic development strategies on investing in the amenities that
make for a vibrant community.
D. Director's Report (Tate)
Assistant Director Tate explained that the "Imagine Auburn" Vision
Open House will take place from 6:30 to 8:00 pm with an open house
from 8:00 to 8:30 p.m. at the Auburn Golf Course Banquet Room,
29630 Green River Road SE, Auburn. A live webcast will be aired on
the City's website.
E. PCDC Status Matrix (Tate)
The Committee requested that staff add "Investing in Place" and the
discussion on short subdivisions to the matrix.
IV. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 7:02
p.m.
Approved this __________________ day of ____________________,
2014.
________________________________________
John Holman, Chairman
________________________________________ Page 3 of 4
PCD.1 Page 32 of 82
Tina Kriss, Community Development Secretary
Page 4 of 4
PCD.1 Page 33 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 5, 2014 Meeting Minutes
Date:
May 13, 2014
Department:
Public Works
Attachments:
Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Approve the minutes of the May 5, 2014 Public Works Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:
Meeting Date:May 19, 2014 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 34 of 82
Public Works Committee
May 5, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chairman Wayne Osborne 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 Wayne Osborne, Vice-Chair Bill Peloza, and Member
Claude DaCorsi were present. Also present during the meeting were:
Mayor Nancy Backus, Community Development & Public Works
Director Kevin Snyder, Assistant Director of Engineering/City Engineer
Ingrid Gaub, Assistant Director of Public Works Operations Randy
Bailey, Acting Utilities Engineer Susan Fenhaus, Transportation
Manager Pablo Para, Engineering Aide Amber Mund, Senior Project
Engineer Ryan Vondrak, Sewer Utility Engineer Bob Elwell,
Emergency Preparedness Manager Sarah Miller, Assistant City
Attorney Steven Gross, Project Engineer Matt Larson, Storm Drainage
Engineer Tim Carlaw and Public Works Secretary Molly Hoisington.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was one modification, adding Discussion Item I, Resolution No.
5068 to the agenda.
II. CONSENT AGENDA
A. Approval of Minutes
Approve the minutes of the April 21, 2014 Public Works Committee
meeting
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee approve the Public Works Committee Meeting
minutes for date, April 21, 2014.
Motion carried 3-0.
III. ACTION
Page 1 of 7
PW.1 Page 35 of 82
A. Right-of-Way Use Permit No. 14-09 (Mund)
Approve Right-of-Way Use Permit No. 14-09 for The Auburn
Downtown Association Wine and Music Festival
Engineering Aide Mund explained Right-of-Way Use Permit 14-09 is
for the Auburn Downtown Association Wine and Music Festival. This
years request is for the closure of Main Street between Auburn Way
North and A Street SE and B Street NW between East Main Street
and 1st Street NE. The closure has been requested for Saturday, July
19, 2014 from 8:00 am to 9:00 pm.
Engineering Aide Mund confirmed the alleyway will be closed per a
question asked by Chairman Osborne.
Engineering Aide Mund responded to a question asked by Vice-Chair
Peloza regarding the length of time the closure has been requested
for. The Committee requested a follow up report indicating the vendor
schedule during the closure.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Right-of-Way Use Permit No. 14-09 for
The Auburn Downtown Association Wine and Music Festival.
Motion carried 3-0.
B. Right-of-Way Use Permit No. 14-11 (Mund)
Approve Right-of-Way Use Permit No. 14-11 for Sound Transit
Engineering Aide Mund explained Right-of-Way Use Permit No. 14-11
is for the renewal of two existing directional signs in the right-of-way at
the transit station. Sound Transit will not be installing any additional
signs. This permit is for existing signs already in the right-of-way that
were installed under a previous permit that will be expiring on May 19,
2014 and needs to be renewed.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Right-of-Way Use Permit No. 14-11 for
Sound Transit.
Motion carried 3-0.
C. Resolution No. 5062 (Mund)
A Resolution of the City Council of the City of Auburn, Washington,
Setting a Public Hearing to Consider a Franchise Agreement with tw
telecom of washington llc
Engineering Aide Mund explained Resolution No. 5062 sets the date
of the public hearing for tw telecom of washington llc to obtain a
franchise agreement.
Page 2 of 7
PW.1 Page 36 of 82
Assistant Director of Engineering/City Engineer responded to a
question asked by Vice-Chair Peloza regarding committee processes
for telecommunication topics and that current City code requires that
the Public Works Committee of the Council take action on these
items.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend City Council approve Resolution No.
5062 setting the date of the public hearing for Franchise Agreement
No. 14-06 for tw telecom of washington llc for May 19, 2014.
Motion carried 3-0.
D. Public Works Project No. CP1208 (Truong)
Grant permission to advertise for bids for Project No. CP1208, Sewer
Pump Station Improvements
Senior Project Engineer Vondrak explained that staff is asking for
permission to advertise for bids for Project No. CP1208, Sewer Pump
Station Improvements.
Sewer Utility Engineer Elwell and Assistant Director of Public Works
Operations Bailey responded to a question asked by Chairman
Osborne regarding the installation of the generator.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend City Council grant permission to
advertise for bids for Project No. CP1208, Sewer Pump Station
Improvements.
Motion carried 3-0.
E. Public Works Project No. CP1104 (Larson)
Grant permission to advertise for bids for Project No. CP1104, 8th
Street NE and 104th Avenue SE Intersection Improvements, Contract
14-09
Project Engineer Larson explained that staff is asking for permission
to advertise for bids for Project No. CP1108, 8th Street NE and 104th
Avenue SE which includes safety improvements.
Assistant Director of Engineering/City Engineer Gaub responded to a
question asked by Chairman Osborne regarding the update to the
cost estimate.
Project Engineer Larson and Transportation Manager Para responded
to a concern Vice-Chair Peloza mentioned regarding the safety at this
intersection.
Page 3 of 7
PW.1 Page 37 of 82
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend City Council grant permission to
advertise for bids for Project No. CP1104, 8th Street NE and 104th
Avenue SE Intersection Improvements, Contract 14-09.
Motion carried 3-0.
F. Resolution No. 5066 (Para)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Amend the Memorandum of Agreement with
Pierce County for the Purpose of Providing Road Services
Transportation Manager Para explained Resolution No. 5066 is the
annual Pierce County Memorandum of Agreement for traffic
maintenance services including pavement marking and striping
throughout the city and signal head re-lamping and maintenance. This
resolution extends the completion date to December 31, 2014.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend that City Council adopt Resolution
No. 5066.
Motion carried 3-0.
G. Resolution No. 5064 (Fenhaus)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Execute an Agreement Between the City of
Auburn and the U.S. Geological Survey for Water Resources
Investigations
Acting Utilities Engineer Fenhaus explained Resolution No. 5064 is an
agreement with the U.S. Geological Survey (USGS) and it is for
completion of Phase III of the project and includes the creation of the
model that will be available for the City’s use. The first two phases will
be completed later this year.
There was a brief group discussion per a question asked by Vice-
Chair Peloza regarding the dollar amount on page 64 versus the dollar
amount on page 71.
Assistant Director of Engineering/City Engineer Gaub responded to a
question asked by Chairman Osborne regarding the time line on page
72.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi,
that the Committee recommend that City Council adopts Resolution
No. 5064.
Motion carried 3-0.
Page 4 of 7
PW.1 Page 38 of 82
IV. DISCUSSION ITEMS
A. Ordinance No. 6504 (Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Chapter 2.08 of the Auburn City Code establishing an
Independent Salary Commission
Assistant City Attorney Gross explained Ordinance No. 6504 amends
chapter 2.08 in the City Code to establish a salary commission. Under
the salary commission, this one is designed to set the salaries for the
Council Members only including the Deputy Mayor. Under state law,
there is a requirement for any salaries set by a salary commission to
go to referendum if there are enough signatures gathered for
referendum.
Assistant City Attorney Gross responded to a question asked by
Chairman Osborne regarding the pay increase/decrease.
Assistant City Attorney Gross answered a question asked by Member
DaCorsi regarding frequency of meetings.
There was a brief group discussion regarding the salary commission.
B. Water Comprehensive Plan Policies (Fenhaus)
Acting Utilities Engineer Fenhaus provided informational materials
regarding the draft Water Comprehensive Plan Policy update and
reviewed the format of the proposed changes. There was a group
consensus that this along with the Sewer and Storm policies will be
reviewed and discussed at a future special meeting jointly with the
Planning and Community Development Committee.
C. Sanitary Sewer Comprehensive Plan Policies (Elwell)
Sewer Utility Engineer Elwell provided informational materials
regarding the draft Sewer Comprehensive Plan Policy update and
reviewed the format of the proposed changes.
D. Storm Drainage Comprehensive Plan Policies (Carlaw)
Storm Drainage Engineer Carlaw provided informational materials
regarding the draft Storm Drainage Comprehensive Plan Policy
updates and reviewed the format of the proposed changes.
E. Engineering Organizational Overview (Gaub)
Assistant Director of Engineering/City Engineer Gaub provided
informational materials which described the primary functions of the
sections within the Engineering Services Division.
Assistant Director of Engineering/City Engineer briefly reviewed the
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PW.1 Page 39 of 82
presentation materials with the committee.
In response to a question asked by Vice-Chair Peloza, Assistant
Director of Engineering/City Engineer Gaub stated all positions that
are currently vacant are in the process of being filled.
Community Development & Public Works Director Snyder made
comment commending staff on the amount of work performed given
the amount of resources available and stated compared to
comparable size agencies, the City has significantly less staff
resources for the amount of work. This applies to the Maintenance
and Operations Division as well.
F. Capital Project Status Report (Vondrak)
Item 3 – CP1225 – West Valley Highway Preservation – 15th NW to
37th NW:
Responding to a question from Member DaCorsi, Senior Project
Engineer Vondrak explained the wording "open house being
scheduled" was not indented for this item. Instead, this should say
"Final pay in process".
Item 14 – CP1104 – 104th Street & 8th Street NE Intersection
Improvements:
Transportation Manager Para responded to a question asked by
Chairman Osborne regarding project funding.
Item 22 – CP1304 – 34th Street & B Street NW BNSF Pre-Signal:
Senior Project Engineer Vondrak responded to a question asked by
Member DaCorsi regarding the design work related to the
advertisement date.
Item 27 – CP1109 – 2011 Storm Pipeline Repair and Replacement,
Phase 2:
Senior Project Engineer Vondrak responded to a question asked by
Member DaCorsi regarding the design work related to the
advertisement date.
Item 33 – CP1323 – 2014 Local Street Reconstruction Project:
Senior Project Engineer Vondrak explained what the open house
entails due to a question asked by Member DaCorsi.
G. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
Chairman Osborne commented that the only change is the anticipated
completion date for the Reddington Levee. Assistant Director of
Engineering/City Engineer Gaub confirmed.
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PW.1 Page 40 of 82
H. Action Tracking Matrix (Gaub)
Vice-Chair Peloza made comments regarding the sidewalk outside of
City Hall on the west side as he feels it is a safety hazard. Assistant
Director of Public Works Operations Bailey submitted a work request
to investigate this.
There was a brief group discussion regarding existing rail road
crossings and their conditions.
Assistant Director of Engineering/City Engineer Gaub responded to a
question asked by Chairman Osborne regarding the status of the Lea
Hill Road Repair and that not appreciable movement has occurred
since the original movement and staff are working with a consultant to
monitor and determine an appropriate solution.
I. Resolution No. 5068 (Hursh)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Execute an Interlocal Agreement between
the City of Auburn and Snohomish County for Mutual Assistance, and
to Donate Staff Time Related to the State Route 530 Flood and
Mudslide
This Resolution was an Agenda Modification, and for the purpose of
these minutes was discussed after Discussion Item A.
Emergency Preparedness Manager Miller explained Resolution No.
5068 authorizes an interlocal agreement between the City of Auburn
and Snohomish County to allow for reimbursement. Including partial
reimbursement of the time that employees spent during the landslide
and donating the remainder of the time.
Emergency Preparedness Manager responded to a question asked by
Vice-Chair Peloza regarding the total amount of staff hours.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:56 p.m.
Approved this 19th day of May, 2014.
______________________ ______________________
Wayne Osborne Molly Hoisington
Chairman Public Works Secretary
Page 7 of 7
PW.1 Page 41 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 5, 2014 Meeting Minutes
Date:
May 13, 2014
Department:
Administration
Attachments:
5-5-2014 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Wales Staff:
Meeting Date:May 19, 2014 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 42 of 82
Finance Committee
May 5, 2014 - 5:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair Largo Wales called the meeting to order at 5:00 p.m. in Annex
Conference Room 1 located on the second floor of the City Hall Annex
located at 1 East Main Street in Auburn.
A. Roll Call
Chair Wales, Vice Chair John Holman and Member Yolanda Trout were
present.
Officials and staff members in attendance included: Mayor Nancy
Backus, Interim Human Resources and Risk Management Director Rob
Roscoe, Emergency Preparedness Manager Sarah Miller, Assistant City
Attorney Steven Gross, Finance Director Shelley Coleman, Water Utility
Engineer Susan Fenhaus, Transportation Manager Pablo Para, Assistant
Director of Engineering Services/City Engineer Ingrid Gaub, and City
Clerk Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. Minutes of the April 21, 2014 regular meeting
Vice Chair Holman moved and Member Trout seconded to approve the
April 21, 2014, minutes as distributed.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims check numbers 428357 through 428545 in the amount of
$1,043,848.88 and five wire transfers in the amount of $44,953.09 and
dated May 5, 2014.
Committee members reviewed claims and payroll vouchers and briefly
discussed claims voucher numbers 428443 and 428396.
Member Trout moved and Vice Chair Holman seconded to approve the
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FN.1 Page 43 of 82
claims and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 534645 through 534679 in the amount of
$268,556.09, and electronic deposit transmissions in the amount of
$1,326,363.85 for a grand total of $1,594,919.94 for the period April 17,
2014 to April 30, 2014.
See claims vouchers above for approval of payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6504 (Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Chapter 2.08 of the Auburn City Code establishing an
independent salary commission
Assistant City Attorney Gross explained Ordinance No. 6504 creates an
independent salary commission to set the salaries for Councilmembers.
State law allows city councils to create an independent salary
commission that can evaluate and set the salaries for elected officials.
The salary commission can raise or lower the salaries of elected officials;
however, although increases can become effective immediately, any
reduction in salary would not become effective until the commencement
of a new term of office.
Chair Wales reported the Council Operations Committee has introduced
the proposed ordinance and reviewed it extensively with the City
Attorney. Chair Wales noted the ordinance does not include the Mayor at
this time.
Vice Chair Holman spoke in favor of Ordinance No. 6504. Vice Chair
Holman stated he hopes that any increase in salary compensation will
attract a more diverse group of candidates for elected office. Member
Trout concurred with Vice Chair Holman.
Chair Wales expressed hope the salary commission will consider in its
evaluation of Council compensation, the number of committees in which
the City Councilmembers participate.
Vice Chair Holman moved and Member Trout seconded to approve and
forward Ordinance No. 6504 to the full Council.
MOTION CARRIED UNANIMOUSLY. 3-0
IV. RESOLUTIONS
A. Resolution No. 5068 (Hursh )
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an Interlocal Agreement between the
Page 2 of 5
FN.1 Page 44 of 82
City of Auburn and Snohomish County for mutual assistance, and to
donate staff time related to the State Route 530 flood and mudslide
Emergency Preparedness Manager Sarah Miller presented Resolution
No. 5068, which authorizes an interlocal agreement with Snohomish
County to reimburse the City for staff time spent supporting the State
Route 530 landslide response and to donate some of the staff time that
does not impact the budget directly.
Member Trout moved and Vice Chair Holman seconded to approve and
forward Resolution No. 5068 to the full Council.
MOTION CARRIED UNANIMOUSLY. 3-0
V. DISCUSSION ITEMS
A. Resolution No. 5067 (Coleman)
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the City to apply for, and if awarded, to accept
Federal grant funds in the amount of $450,000.00 from the Federal
Aviation Administration, and State grant funds in the amount of
$25,000.00 from the Washington State Department of Transportation
Aviation Division for various airport improvements, and authorizing the
execution of the grant agreement therefor
Finance Director Coleman presented Resolution No. 5067, authorizing
application and acceptance of a federal grant from the Federal Aviation
Administration in the amount of $450,000.00 for projects at the Auburn
Municipal Airport. The projects include security cameras and gates,
access upgrades, an obstruction survey for the GPS approach, and land
acquisition to protect approaches.
B. Century West Task Assignment (Coleman)
Finance Director Coleman presented information on the Century West
Task Assignment. Century West is the consulting engineer for the
Auburn Municipal Airport per Resolution No. 4987 approved by Council
on September 3, 2013. The Task Assignment includes administrative
bidding services and project management for the airport crack sealing
and slurry seal project this summer. The cost of the project work is grant
funded.
C. Resolution No. 5064 (Fenhaus)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an agreement between the City of
Auburn and the U.S. Geological Survey for water resources
investigations
Water Utility Engineer Fenhaus presented Resolution No. 5064. The
resolution authorizes an agreement with the U.S. Geological Survey for
the third and final phase for a groundwater study of the Puyallup River
watershed. The third phase of the project is to develop a regional
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FN.1 Page 45 of 82
groundwater model that will be available for use by state, county, and
local governments, water utilities and local stakeholder groups.
D. Resolution No. 5066 (Para)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to amend the Memorandum of Agreement with
Pierce County for the purpose of providing road services
Assistant Director of Engineering Services/City Engineer Gaub presented
Resolution No. 5066, which amends an existing contract with Pierce
County for road services. The amendment provides for street striping
and road markings throughout the city as well as citywide LED signal
head re-lamping in 2014.
E. Cemetery Maintenance Workers Wages and Benefits
Committee members reviewed a spreadsheet of Cemetery Maintenance
Worker wages and benefits for 2014. Interim Human Resources and
Risk Management Director Roscoe explained the Cemetery includes
Maintenance Workers I and II who are part of a union. During contract
negotiations, contract comparables are selected from among cities and
maintenance workers are compared generally and not specifically as
"cemetery" maintenance workers. There are currently three years left on
the current collective bargaining agreement.
Chair Wales expressed interest in comparing the costs of maintenance of
cemeteries for similar sized cities, the acreage of their cemeteries, and
the number of interments.
Vice Chair Holman stated he is comfortable with the City's bargaining
process and the status of the Cemetery budget.
Member Trout indicated she preferred to wait and review the condition of
the Cemetery fund during budget preparation.
Director Coleman stated the Cemetery revenues are budgeted
conservatively. Last year, revenues exceeded budget estimates.
Finance Director Coleman reported the anomaly in the cemetery water
consumption was investigated, and it was found that Lakehaven Utility
District did not read the cemetery irrigation meter for two years.
Lakehaven discovered the error at the end of 2012. Lakehaven
backbilled the cemetery for water usage. Lakehaven Utility District is
now reading the meter every month, and the billing is at its normal level.
VI. ADJOURNMENT
There being no further business to come before the Committee, the meeting
adjourned at 5:32.
APPROVED this ______ day of _______________________, 2014.
Page 4 of 5
FN.1 Page 46 of 82
_____________________________ ____________________________
LARGO WALES, CHAIR Danielle Daskam, City Clerk
Page 5 of 5
FN.1 Page 47 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 5, 2014 Regular Meeting Minutes
Date:
May 13, 2014
Department:
Administration
Attachments:
May 5, 2014 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 19, 2014 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 48 of 82
City Council Meeting
May 5, 2014 - 7:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Flag Salute
Mayor Nancy Backus 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: Deputy Mayor Rich Wagner, Bill
Peloza, Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi,
and Yolanda Trout.
Department Directors and staff members present: Assistant City
Attorney Steven Gross, Community Development and Public Works
Director Kevin Snyder, Emergency Preparedness Manager Sarah
Miller, Parks, Arts and Recreation Director Daryl Faber, Police
Commander Mark Caillier, Economic Development Manager Doug
Lein, Director of Administration Michael Hursh, Finance Director
Shelley Coleman, and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Proclamation - Puget Sound Starts Here Month
Mayor Backus to proclaim May 2014 as "Puget Sound Starts
Here" month in the city of Auburn.
Mayor Backus read and presented a proclamation declaring May
2014 as "Puget Sound Starts Here" month in the city to
Community Development and Public Works Director Kevin Snyder
on behalf of the staff in Engineering, Maintenance and Operations,
and Environmental Management. The purpose of the
proclamation is to bring attention to the economic and
environmental benefits that the Puget Sound brings to
the community and noted recent local volunteer and restoration
activities that benefit Puget Sound and the quality of life for the
citizens of Auburn.
2. Diversity Culture Celebration
Carla Carrizosa representing Gildo Rey Elementary and Mt. Baker
Middle School to invite Mayor Backus and City Councilmembers to
the June 12th Regional Diversity Culture Celebration
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CA.A Page 49 of 82
Carla Carrizosa, representing Gildo Rey Elementary and Mt.
Baker Middle School, invited Councilmembers and Mayor Backus
to the June 12th Regional Diversity Culture Celebration that will
include folk dance, Punjabi dance, Samoan dance, and
Marshallese dance. Ms. Carrizosa stated the event is organized
by parents of the students and raises funds for 5th grade
camp. The event will be held June 12 at 4:00 at Mt. Baker Middle
School.
D. Agenda Modifications
There was no change to the agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
Elam Anderson, 301 23rd Street SE, Auburn
Mr. Anderson referred to a letter he had previously written and sent to
Mayor Backus. Mr. Anderson suggested the Council Chambers
include a table and chair at the podium for audience participation. He
expressed concerns regarding coal trains traveling through Auburn.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met April 28,
2014. The Committee discussed the Century West Task Assignment
relating to bid oversight and contract management for a project at the
airport, Resolution No. 5067 authorizing the application for and
acceptance of a Federal Aviation Administration grant, a King
Conservation District grant for the Auburn International Farmers
Market, the red light photo enforcement program, an update on the
cemetery, the animal control licensing program, and South
Correctional Entity (SCORE) jail statistics. The next regular meeting of
the Municipal Services Committee is scheduled for Monday, May 12,
2014.
B. Planning & Community Development
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CA.A Page 50 of 82
Chair Holman reported the Planning and Community Development
Committee met April 28, 2014. The Committee discussed the theater
lease, Auburn Environmental Park wetland restoration efforts,
floodplain development regulation policy, communal residences, and
the downtown parking management plan. The next regular meeting of
the Planning and Community Development Committee is scheduled for
Monday, May 12, 2014.
C. Public Works
Chair Osborne reported the Public Works Committee met this
afternoon at 3:30 p.m. The Committee reviewed Right-of-way Use
Permits for the Auburn Downtown Association's Wine and Music
Festival and for Sound Transit's existing directional signs. The
Committee also reviewed Resolution No. 5062 relating to a public
hearing on a franchise application from tw telecom of washington llc,
permission to advertise for Public Works Project CP1208 for sewer
pump station improvements, permission to advertise for Public Works
Project CP1104 8th Street NE and 104th Avenue SE intersection
improvements, Resolution No. 5066 authorizing an agreement with
Pierce County for road services, and Resolution No. 5064 authorizing
an agreement with the U.S. Geological Survey for water resource
investigations and groundwater modeling for the Puyallup River
watershed. The Committee discussed Ordinance No. 6504
establishing an independent salary commission, Resolution No. 5068
approving a mutual assistance agreement with Snohomish County
related to the State Route 530 flood and mudslide disaster. The
Committee reviewed Comprehensive Plans for water, sewer and storm
drainage, engineering organizational review, and the Committee's
action tracking matrix. The next regular meeting of the Public Works
Committee is scheduled for Monday, May 19, 2014.
D. Finance
Chair Wales reported the Finance Committee met this evening at
5:00. The Committee reviewed claims vouchers in the approximate
amount of $1.1 million and payroll vouchers in the amount of $1.6
million. The Committee reviewed Ordinance No. 6504 establishing an
independent salary commission and Resolution No. 5068 authorizing a
mutual assistance agreement with Snohomish County related to the
State Route 530 flood and mudslide. The
Committee discussed Resolution No. 5067 authorizing application and
acceptance of a Federal Aviation Administration grant for the airport,
the Century West Task Assignment for construction management
services for an airport project, Resolution No. 5064 authorizing an
agreement with the U.S. Geological Survey for a regional groundwater
model in the Puyallup River watershed, Resolution No. 5066
authorizing an agreement with Pierce County for road services, and
the Auburn Mountain View Cemetery. The next regular meeting of the
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CA.A Page 51 of 82
Finance Committee is scheduled for Monday, May 19, 2014.
E. Les Gove Community Campus
Chair Wagner reported the Les Gove Community Campus Committee
met April 23, 2014. The Committee discussed the status of a $3
million grant from the state for the community center project; the City
has until June 2015 to accept the grant. The Committee also
discussed King County's green space funding requirements and the
use of security cameras at the Les Gove Community Campus. The
next regular meeting of the Les Gove Community Campus Committee
is scheduled for May 28, 2014.
F. Council Operations Committee
Deputy Mayor Wagner reported the Council Operations Committee
met April 28, 2014. The Committee reviewed Ordinance No.
6504 establishing an independent salary commission and the
proposed change from Council Committees to Council
workshop format. The next regular meeting of the Council Operations
Committee is scheduled for May 27, 2014.
G. Junior City Council
The next regular meeting of the Junior City Council is scheduled for
Monday, May 19, 2014.
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 April 21, 2014 regular City Council meeting
B. Claims Vouchers (Wales/Coleman)
Claims check numbers 428357 through 428545 in the amount of
$1,043,848.88 and five wire transfers in the amount of $44,953.09 and
dated May 5, 2014.
C. Payroll Vouchers (Wales/Coleman)
Payroll check numbers 534645 through 534679 in the amount of
$268,556.09, and electronic deposit transmissions in the amount of
$1,326,363.85 for a grand total of $1,594,919.94 for the period April
17, 2014 to April 30, 2014.
D. Century West Task Assignment (Peloza/Coleman)
City Council to approve Task Assignments with Century West to
perform administrative bidding services (Task 1) and project
management (Task 2) for the airport crack sealing and slurry seal
project.
E. Public Works Project No. CP1208 (Osborne/Snyder)
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CA.A Page 52 of 82
City Council grant permission to advertise for bids for Project No.
CP1208, Sewer Pump Station Improvements
F. Public Works Project No. CP1104 (Osborne/Snyder)
City Council grant permission to advertise for bids for Project No.
CP1104, 8th Street NE and 104th Avenue SE Intersection
Improvements, Contract 14-09
Deputy Mayor Wagner moved and Councilmember Peloza
seconded to approve the Consent Agenda.
The Consent Agenda includes claims vouchers, payroll vouchers, and
public works contract administration items.
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. 6504 (Wagner/Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Chapter 2.08 of the Auburn City Code establishing an
independent salary commission
Deputy Mayor Wagner moved and Councilmember Peloza seconded
to introduce and adopt Ordinance No. 6504.
Deputy Mayor Wagner explained that Ordinance No. 6504 establishes
an independent salary commission. The independent salary
commission is an approach used by several cities, and separates the
setting of Councilmember salaries from the political process. The
independent salary commission will study the total compensation of
councilmembers and establish increases or decreases in council
compensation.
Councilmember Peloza also spoke in favor of Ordinance No. 6504 and
stated it is a fair and equitable method for determining council
compensation.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6507 (Holman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
approving the final plat of Bry's Cove
Page 5 of 9
CA.A Page 53 of 82
Councilmember Holman moved and Councilmember Wales seconded
to introduce and adopt Ordinance No. 6507.
Ordinance No. 6507 approves the final plat of Bry's Cove. Bry's Cove
includes nine residential lots and two tracts for open space located
within the former West Hill annexation area. The preliminary plat was
submitted to King County and determined complete prior to annexation
to the City.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. RESOLUTIONS
A. Resolution No. 5059 (Peloza/Faber)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the acceptance of a grant from King Conservation
District and authorizing the Mayor and City
Clerk to execute the necessary agreements to accept said funds
Councilmember Peloza moved and Councilmember Osborne
seconded to adopt Resolution No. 5059.
Deputy Mayor Wagner congratulated Councilmember Peloza and
members of the Auburn International Farmers Market Advisory Board
for their work to acquire the grant and make the Farmers Market a
success.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5062 (Osborne/Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
setting a public hearing to consider a Franchise Agreement with tw
telecom of washington llc
Councilmember Osborne moved and Councilmember Peloza
seconded to adopt Resolution No. 5062.
Resolution No. 5062 sets the date for a public hearing on the franchise
application from tw telecom of washington llc.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 5064 (Osborne/Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an agreement between the City of
Auburn and the U.S. Geological Survey for water resources
investigations
Councilmember Osborne moved and Councilmember Peloza
seconded to adopt Resolution No. 5064.
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CA.A Page 54 of 82
Resolution No. 5064 authorizes an agreement with the U.S. Geological
Survey for a regional groundwater model that will benefit the City's
water utility in predicting future groundwater levels and stream flows.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 5066 (Osborne/Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to amend the Memorandum of Agreement with
Pierce County for the purpose of providing road services
Councilmember Osborne moved and Councilmember Peloza
seconded to adopt Resolution No. 5066.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 5067 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City to apply for, and if awarded, to accept federal grant
funds in the amount of $450,000.00 from the Federal Aviation
Administration, and State Grant Funds in the amount of $25,000.00
from the Washington State Department of Transportation Aviation
Division for various airport improvements, and authorizing the
execution of the grant agreement therefor
Councilmember Peloza moved and Councilmember Osborne
seconded to adopt Resolution No. 5067.
MOTION CARRIED UNANIMOUSLY. 7-0
F. Resolution No. 5068 (Wales/Hursh )
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an Interlocal Agreement between the
City of Auburn and Snohomish County for mutual assistance, and to
donate staff time related to the State Route 530 flood and mudslide
Councilmember Wales moved and Councilmember Holman seconded
to adopt Resolution No. 5068.
Resolution No. 5068 authorizes a mutual assistance agreement with
Snohomish County related to the State Route 530 Flood and Mudslide
natural disaster. City of Auburn staff members provided support to the
Snohomish County Emergency Operations Center for approximately
two weeks. The agreement will also allow the Mayor to authorize the
donation of staff costs incurred by the City to Snohomish County.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. REPORTS
At this time the Mayor and City Council may report on significant items Page 7 of 9
CA.A Page 55 of 82
associated with their appointed positions on federal, state, regional and
local organizations.
A. From the Council
Deputy Mayor Wagner reported on his participation in National
Rebuilding Day in recognition of an organization, Rebuilding Together,
that focuses on volunteer efforts to provide critical repairs and
renovations to low-income residents. Deputy Mayor Wagner also
reported on his visit to Washington State University (WSU) and
their Engineering and Architecture School. WSU has been the City's
research partner in the Innovation Partnership Zone.
Councilmember DaCorsi reported on his attendance at the Boys and
Girls Club fundraiser, the Auburn Food Bank Empty Bowls fundraiser,
the Community and Schools dinner and auction, Auburn Clean Sweep,
and the sixth annual fund raiser luncheon for the Housing
Development Consortium where the keynote speaker was Dr. Manuel
Pastor who spoke on demographics trends and transitions.
Councilmember Wales reported on her attendance at the Auburn Food
Bank Empty Bowls fundraiser and the Community and Schools dinner
event. Councilmember Wales also spoke regarding King County's
rabies reporting and pet licensing.
Councilmember Holman reported on his attendance at the City's Clean
Sweep event and Green River Community College's One Book Project
where a large community of people, Green River Community College
and residents, read one book and met in groups to discuss the
book, When the Emperor Was Divine, written by American author,
Julie Otsuka, about a Japanese American family sent to an internment
camp.
Councilmember Peloza reported on his attendance at the Auburn
Airport Advisory Board meeting, the King County Water Pollution
Abatement Advisory Committee, the Water Resource Inventory Area
(WRIA) 9 management meeting, the Auburn International Farmers
Market Board meeting, the Fire Fighters Union District 7 Fire Ops 101
exercise, the Boys and Girls Club fundraiser, Fire Ops 99, Skills,
Inc. open house, Saars Super Saver Foods grand opening, and
Auburn's Clean Sweep event.
Councilmember Osborne commented on the defeat of King County
Transportation District Proposition 1 for transportation improvements
and the impact of the loss on bus routes in Auburn. Route 152 will be
discontinued later this year, Route 181 will discontinue night service at
9:00 p.m., and Route 186 will be decreased to every sixty minutes
during peak periods. DART 910 will be discontinued in 2015, DART
915 will be reduced to three trips in 2015, and DART 919 will be Page 8 of 9
CA.A Page 56 of 82
discontinued later in 2014.
Councilmember Trout reported on her attendance at a tour of Wesley
Homes and a tour of Auburn MultiCare Hospital.
B. From the Mayor
Mayor Backus reported on her attendance at the monthly meeting of
the South Correctional Entity (SCORE Jail) Administrative Board
meeting, the Puget Sound Clean Air Agency Board meeting on behalf
of Sound Cities Association, memorial services for Vinnie Morris, the
Lions Club Special Needs Fishing Derby at Mill Pond, YMCA Healthy
Kids Day, Fire Ops 99 training, a King County Solid Waste Transfer
System Plan update where it was learned that the Algona site is the
likely location for the new transfer station, the grand opening of Saars
Super Saver grocery store, the Skills, Inc. open house and Aerospace
Joint Alliance Committee announcement of a new apprenticeship
program, National Day of Prayer event, the Auburn Food Bank Empty
Bowls fundraiser, Auburn Clean Sweep, and a press conference
regarding the implementation of TrackMole, a new software program
that helps police departments, businesses, organizations and
individuals recover lost or stolen property.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:55 p.m.
APPROVED this ________ day of _______________, 2014.
______________________________ __________________________
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
Page 9 of 9
CA.A Page 57 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims vouchers
Date:
May 13, 2014
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Claims voucher number 428546 through 428727 in the amount of $3,744,492.90 and 3
wire transfers in the amount of $250,413.97 and dated May 19, 2014.
Reviewed by Council Committees:
Councilmember:Wales Staff:Coleman
Meeting Date:May 19, 2014 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 58 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
May 13, 2014
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Approve payroll vouchers.
Background Summary:
Payroll check numbers 534680 through 534714 in the amount of $825,469.81, electronic
deposit transmissions in the amount of $1,268,009.95 for a grand total of $2,093,479.76
for the period covering May 1, 2014 to May 14, 2014.
Reviewed by Council Committees:
Councilmember:Wales Staff:Coleman
Meeting Date:May 19, 2014 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 59 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C410A
Date:
May 14, 2014
Department:
Public Works
Attachments:
Budget Status Sheet
C410APR9-Final
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No.9 to Contract No. 11-12 in the amount of
$5,780.94 and accept construction of Project No. C410A South 277th St. Reconstruction-
Wetland Mitigation Improvements.
Background Summary:
The purpose of this project is to monitor and maintain wetland mitigation sites (Goedecke
North and Mill Creek) created as part of the S. 277th St. Reconstruction Project, Project
No. PR562.
Contract No. 11-12 implemented a supplemental mitigation planting plan for the wetland
mitigation sites and plant maintenance. This work has been completed and the sites are
pending inspection by the regulatory agencies. It is anticipated that the regulatory agencies
will release the Goedecke North Site from further monitoring but will require an additional
year of monitoring for the Mill Creek Site. Any additional monitoring, planting, and
maintenance would be completed under a separate contract.
A project budget contingency of $24,468.00 remains in the 102 Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:Snyder
Meeting Date:May 19, 2014 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 60 of 82
Project No: C410A Title:
Project Manager: Matthew Larson
Final Pay
Initiation Date: _July 19, 2010___ Permision to Advertise 5/7/2014
Advertisement Date: _April 21, 2011__ Contract Award
Award Date: May 16, 2011_ Change Order
Monitoring Period
FundingPrior Years (actual)2014Future YearsTotal
102 Fund - Unrestricted264,08455,000319,084
Total264,08455,0000319,084
ActivityPrior Years (actual)2014Future YearsTotal
Design Engineering & Monitoring - City Costs20,3015,00025,301
Design Engineering & Monitoring - Consultant Costs107,0747,215114,289
Construction - Procurement33,26333,263
Construction Contract55,70455,704
Construction Contract - Change Orders9,643 6,05815,700
Construction Contract - Mohawks Plastics Work*10,00410,004
Construction Contract - Line Item Adjustments (1,440)(1,440)
Other - Invasive Spraying 3,1053,7006,805
Other - Water Meter Permit Fees6,4616,461
ConstructionEngineering -CityCosts 28213 5000 33213
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
S. 277th Wetland Mitigation Monitoring
Construction Engineering City Costs 28,213 5,000 33,213
Construction Engineering - Consultant Costs3215,0005,321
Total264,08430,5320294,616
Prior Years (actual)2014Future YearsTotal
102 Funds Budgeted(264,084)(55,000)0(319,084)
102 Funds Needed264,08430,5320294,616
(102 Fund Project Contingency) (0)(24,468)0(24,468)
102 Funds Required 0000
102 Arterial Street Budget Status
* Construction work performed under this contract for CP0765 Mohawks Plastics Wetland Mitigation and Monitoring. Therefore, the cost is
excluded.
H:\PROJ\C410A-S277WetlandMitigation\Budget\C410A.BudgetStatusSheet.xls
1 of 1
5/12/2014 9:56 AMCA.D Page 61 of 82
CITY OF AUBURN CO.NO.11-12
C41 OA South 277th St Reconstruction-Wetland Mitigation Improvements
PAY ESTIMATE#9 8 FINAL SCHEDULE A. Welland Mitigation Improvements
ITEM ESTIMATE TOTAL PERIOD UNIT PERCENT EST.
NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE
UNIT COST TOTAL COST PERIOD COST
QTY.
1 Minor Changes 1 0 EST 1500 S 0%
2 Mobilization 1 1 LS 3624 $3,624.00 $ 100%
3 Topsoil Type A 285 365 CY 2658 $9,701 70 $ 128%
4 Erosion Control Log,9-inch Diane 1800 1620 LF 5 $8.10000 $ 90%
5 Erosion Control Log,12-inch Dram. 700 700 LF 775 $5,425.00 $ 100%
6 Bark Mulch(provided by City) 0 0 CY 24 $
7 Bark Mulch(provided by Contractor) 110 65 CY 36.25 $2.35025 $ 59%
8 Biodegradable Weed Fabric 1380 1380 SY 1.22 S 1,68360 $ 100%
9 Invasives Removal Complete 0 0 LS 4828 $
10 Alms fubra(Red alder),2 Gal 23 26 EA 12 S 31200 S 113%
11 Carex obnupta(Slough sedge),10 cubic cm plugs 0 0 EA 2.4 $
12 Corpus sencea(Red twig dogwood),live stake 1092 1092 EA 2.4 $2,62080 $ 100%
13 Fraxious Iatifolia(Oregon ash),2 Gal. 17 20 EA 12 $ 24000 $ 118%
14 Juncus ensdolius(Daggerieaf rush),10 cubic cm plugs 0 0 EA 24 $
15 Lonloera mvolucram(Black twinberry),live stake 480 480 EA 2.4 $1,152.00 $ 100%
16 Picea snchensis(Snka spruce).2 Gal 61 65 EA 12 It 780.00 $ 107%
17 Pop baisamdera L ssp tuchogrpa(Black cottonwood),live
slake 180 180 EA 24 $ 43200 $ 100
18 Sallx hookenana(Hookers willow),live slake 102 180 EA 24 S 43200 $ 176%
19 Selix lucida Muhl,ssp lasiandra(Pacific willow),live slake 306 320 EA 24 $ 768.00 $ 105%
20 Salix silchensis(Suka Willow),live slake 284 290 EA 24 $ 69600 $ 102%
21 Scions miuocarpus(Small mulled bulrush),10 cubic cm plugs 0 0 FA 24 $
22 Plant Establishment Period Complete 1 1 LS 3020 S 3,02000 S 100%
23 Automatic Temporary Above Ground Irrigation System Complete 1 1 LS 6060 $6,060.00 S 100%
24 Double Check Valve Assembly 1 1 EA 909 $ 909.00 $ 100%
25 Sensitive Area Sign(s)(signs provided by the City) 27 31 EA 8255 $2,559.05 $ 115%
C0-1 Quantity Changes for BI its 3-12,14A 7,20,21 8.25
CO-1-1 Mobilization-Frontage Road Site 1 1 LS 560 $ 56000 $ 100%
CO-1-2 Plant Establishment Period Complete-Frontage Road Ste,Row i
of Trees 8 11 Planting Plots 1 1 LS 1344 S 1.34400 $ 100%
CO-1-3 Automatic Temporary Above Ground Irrigation System Complete-
Row of Trees 8 11 Planting Plots,and undergrounding the
system from meter to wetland mitigation boundary. 1 1 LS 1680 $1.68000 $ 100%
COA-4 Pop balsaifem L.ssp tnchocarpa(Black Cottonwood),2 Gal 75 80 EA 112 $ 896.00 $ 107%
CO-1-5 Time Pllcala(Western Red Cedar),2 Gal 16 16 EA 22.4 $ 358.40 S 100%
CO-1-6 Physocarpus Captalus(Pacific Nmebark),1 Gal 125 125 EA 896 $1,120.00 S 100%
CO-1-7 Rosa Nulkana(Nootka Rose),1 Gal 159 159 EA 896 $1,424.64 $ 100%
CO-1-8 Symphoncarpos Albus(Snowberry),1 Gal. 70 70 EA 896 $ 627.20 $ 100%
CO-2 Quantity Incroase for Bill's COI-6,C01-7 j
CO-3 Wedded Mitigation site and driveway 1 1 LS 913638 $9,136 38 100%
CO-4 Quantity Adjustments to Bill's 10 8 C01 4
CO 4.1 Rosa Nulkana(Necks Rose),2 Gal 5 5 EA 18AB $ 92.40 100%
CO-4.2 Physocarpus Capitatus(Pacific Ninebad),2 Gal 32 32 EA 17.36 $ 555.52 100%
COA.3 Symphoricarpos Albus(Snowbeny),2 Gel 8 8 EA 18.48 $ 14784 100%
SCHEDULE SUBTOTAL $
Penod Dates
Begin Apn121.2014
End. May 20,2014
h:\proj\pe\C410A PE.xls 1 014 4/302014 at 12 46 PMCA.D Page 62 of 82
CITY OF AUBURN CO.NO.11-12
C410A South 277th St Reconstruction-Wetland Mitigation Improvements
PAY ESTIMATE 0&FINAL SCHEDULE A: Wetland Mitigation Improvements
IT ESTIMATE TOTAL PERIOD UNIT UNIT COST TOTAL COST PERIOD COST PERCENT EST.
NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE CITY.
CO-5 Secone Year Piam Establishment Period Complete 1 1 1 LS 5532.00 S 5,532.00 $ 5.53200 100%
SCHEDULE TOTAL $ 5.53200
1
1
I
II
Period Dates
Begin April 21,2014
End' May 20,2014
h 1projlpe\C41 GA PE AS 2 of 4 4/30/2014 at 12.46 PMCA.D Page 63 of 82
C410A,CO. NO.11-12 CITY OF AUBURN
South 277th St Reconstruction-Wetland Mitigation Improvements PROJECT SUMMARY
PAY ESTIMATE#9 8:FINAL
Original Contract Contract Change
Amount Orders Total Payment This Period
SCHEDULE A: Wetland Mitigation Improvements
Contract S 48,954.35 S 26,706.88 S 74,345.78 S 5,532.00
Sales Tax(+9.5%) S 4,650.66 $ 2,537.15 $ 7,062.85 $ 525.54
Retainage(-5%) 3,717.29) S 276.60)
SCHEDULE TOTAL S 53,605.01 $ 29,244.03 $ 77,691.34 S 5,780.94
TOTAL CONTRACT AMOUNT 82,849.04
TOTAL AMOUNT PAID TO DATE (including Sales Tax) 81,408.63 98%
TOTAL PAYMENT TO CONTRACTOR (after retamage) 77,691 34 S 5,780.94
PAYMENT DUE CONTRACTOR: 5,780.94
Period Dates
Begin April 21,2014
End: May 20,2014
h:lprollpe1C410A PE.As 3 of 4 5/12/2014 at 10:03 AMCA.D Page 64 of 82
CITY OF AUBURN CO. NO. 11-12
C41 OA
PAY ESTIMATE#9 & FINAL
CONTRACTOR:
Nordic Construction
106 55th Ave East
Tacoma,WA, 98424
Phone: 253-922-3100
The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate
estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever
nature which I may have, arising out of this contract,which are not set forth in this estimate.
PAYMENT DUE TO CONTRACTOR= 5,780.94
Signatures:
Avon
D I c Loi---)„'T" S Jc
Contractor 7 five 1' 4 Date
Inspector r Dale V— J -I
i
Project Manager Date 30/ zofy
City Engineer Date
hAprojkpe\C410A PEAS 4 of 4 4/30/2014 at 12.46 PMCA.D Page 65 of 82
CA.D Page 66 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5071
Date:
May 13, 2014
Department:
Finance
Attachments:
Res 5071 and Attachement
Budget Impact:
$0
Administrative Recommendation:
City Council approve Resolution No. 5071
Background Summary:
The City of Auburn and Redflex Traffic Systems, Inc. entered into an Agreement on
December 16, 2005, for photo red light and mobile speed enforcement, with an
amendment extending the agreement to May 31, 2014. With this second amendment,
both parties would like to extend the Agreement up to November 30, 2014.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:May 19, 2014 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 67 of 82
RESOLUTION NO. 5 0 7 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE SECOND AMENDMENT
TO AGREEMENT BETWEEN THE CITY OF AUBURN AND
REDFLEX TRAFFIC SYSTEMS, INC
WHEREAS, the City of Auburn and Redflex Traffic Systems, Inc. (Redflex)
entered into an Agreement on December 16, 2005, for photo red light and mobile
speed enforcement, adopted by Resolution No 3949; and
WHEREAS, an amendment extending the agreement to May 31, 2014,
was adopted by Resolution No 4943; and
WHEREAS, the parties would like to extend the Agreement up to
November 30, 2014.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is authorized to execute a
second amendment to the Agreement between the City of Auburn and Redflex
Traffic Systems, Inc. dated December 16, 2005, which amendment shall be in
substantial conformity with the Second Amendment to Agreement attached
hereto as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 5071
May 13, 2014
Page 1 of 2RES.A Page 68 of 82
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of 2014
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST-
Danielle E. Daskam, City Clerk
APPR rD AS TO FOR
621
Daniel B Heid, City Attorn
Resolution No 5071
May 13, 2014
Page 2 of 2RES.A Page 69 of 82
EXHIBIT A
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
AUBURN, WA. AND REDFLEX TRAFFIC SYSTEMS, INC. RELATING TO
PHOTO SPEED AND PHOTO RED LIGHT ENFORCEMENT
This Second Amendment to the Agreement is made this day of 2014
the "Effective Date") by and between Redflex Traffic Systems, Inc. with offices at 23751
N. 23rd Ave #150, Phoenix, AZ 85085 ("Redflex"), and the City of Auburn, WA, 25
West Main Street, Auburn, WA 98001 (the "City") (Redflex and the City are collectively
referred to as the "Parties").
RECITALS
A. This Second Amendment is entered into pursuant to Auburn City Council
Authorization.
B On December 16, 2005 the City and Redflex entered an Agreement between
The City of Auburn, WA and Redflex Traffic Systems, Inc. relating to Photo
Speed and Photo Red Light Enforcement (the "December 16, 2005
Agreement"), by which, generally, Redflex provided the City with a set of
digital traffic enforcement cameras and related services, in return for the
City's payment in accordance with the payment provisions of the Agreement.
On April 13, 2006 the Parties entered into Addendum No 1 On May 20,
2013 the Parties entered into the First Amendment to the Agreement. The
December 16, 2005 Agreement, the Addendum No 1 and the First
Amendment are collectively referred to as the "Agreement". The term of the
Agreement expires on May 31, 2014
C Redflex has exclusive knowledge, possession and ownership of certain
equipment, licenses, and applications related to digital photo red light and
digital speed enforcement systems.
D The City desires to engage the services of Redflex to provide certain
equipment, processes and back office services so that Authorized Employees
of the City are able to monitor, identify and enforce speed and red light
running violations.
E. It is a mutual objective of both Redflex and the City to reduce the incidence of
vehicle collisions on the streets and at the intersections that are monitored
pursuant to this Second Amendment.
TERMS AND CONDITIONS
Redflex and the City agree as follows:
Second Amendment—Auburn, WA
May 2014
RES.A Page 70 of 82
1 INCORPORATION BY REFERENCE. This Second Amendment incorporates by
reference all terms and conditions set forth in the Agreement unless expressly
modified by this Second Amendment, the terms of the Agreement, Addendum No 1
and the First Amendment remain in full force and effect.
2. TERM OF SECOND AMENDMENT. The term of the Second Amendment shall be
from June 1, 2014 to September 30, 2014; provided that if the City has a continued
need or desire for services provided by Redflex under this Agreement, the
Agreement shall thereafter be continued on a month to month basis up to November
30, 2014
3 NOTICES.
NOTICES TO REDFLEX.
Redflex Traffic Systems, Inc.
23751 N. 23rd Avenue, Suite 150
Phoenix, AZ 85085
Attention: Account Management
Facsimile (623) 207-5552
NOTICES TO THE CITY:
City of Auburn With a copy to
25 West Main Street City of Auburn
Auburn, WA 98001 25 West Main Street
Attention. William Pierson Auburn, WA 98001
Facsimile (253) 931-5108 Attention. City Attorney
Facsimile: (253) 931-5108
4 ENTIRE AGREEMENT. This Second Agreement together with the Agreement
comprises the entire integrated understanding between the City of Auburn and
Redflex concerning the services described in the Agreement and this Second
Amendment.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day
and year first above written.
Remainder of this page left intentionally blank)
Second Amendment—Auburn, WA
May 2014
RES.A Page 71 of 82
CITY OF AUBURN: CONTRACTOR:
Signature) Redflex Traffic Systems, Inc.
Name and Title)Name and Title)
APPR ED AS TO FORM:
gna ure
ball a- ,-
Name 6nd Title) 7
Second Amendment—Auburn, WA
May 2014
RES.A Page 72 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5072
Date:
May 15, 2014
Department:
Administration
Attachments:
Resolution No. 5072
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5072.
Background Summary:
The Washington Economic Development Finance Authority (WEDFA) is an independent
agency within the executive branch of state government. WEDFA was created by the
legislature to act as a financial conduit to businesses through the issuance of
nonrecourse revenue bonds.
The WEDFA, through its Resolution No. W-2014-6, has taken action toward the
issuance of nonrecourse revenue bonds in the amount of $9,500,000.00, the proceeds
of which would be loaned to Orion Industries to finance the costs of constructing,
acquiring, and equipping a facility at 1590 A Street NE in Auburn to provide job training
and job placement services (in part through aerospace manufacturing and call center
operations) for individuals with disabilities and other significant barriers to employment.
It is a requirement of the WEDFA that the local jurisdiction in which the facility is located
approve the project and the issuance of the bonds.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wales Staff:Lein
Meeting Date:May 19, 2014 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 73 of 82
RESOLUTION NO. 5 0 7 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE ACTION OF
THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE
AUTHORITY IN ISSUING NON-RECOURSE REVENUE
BONDS TO FINANCE AN ECONOMIC DEVELOPMENT
FACILITY FOR USE BY ORION INDUSTRIES, AND
PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO
WHEREA8, on April 18, 2014, the Washington Economic Development
Finance Authority ("WEDFA") unanimously approved and adopted its Resolution
No. W2014-6, a copy of which is attached hereto, marked as Exhibit A and
incorporated herein by this reference; and
WHEREAS, said Resolution No. W-2014-6 provided for the issuance of non-
recourse revenue bonds, the proceeds of which would be loaned to the Orion
Industries, a 501 (c)(3) non-for-profit corporation, or its affiliates forthe purpose of
constructing, acquiring and equipping a facility located at 1590 A Street N.E.,
Au6urn, Washington, to provide job-training and job-placement services, in part
hrough aerospace manufacturing and call centeroperations; and
WHEREAS, among the job-training and job-placement services to be
provided by Orion Industries would be services for individuals wi4h disabilities and
other significant barriers to employment; and
WHEREAS, the activities and services of the Project as described in said
Resolution No. W-2014-6 are authorized by the Economic Development Finance
Authority Act of 1989, R.C.W. Title 43, Chapter 163, as amended (the "AcY; and
Resolution No. 5072
May 14, 2014
Page 1 of3RES.B Page 74 of 82
WHEREAS, it is the policy of WEDFA not to issue revenue bonds except
upon the approval of the county, city or town within whose planning jurisdiction the
proposed industrial development facility lies; and
WHEREAS, the Orion Jndustries site and the Project as described in said
Resolution No. W-2014-6 are located within the boundaries of Aubum, Washington.
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNIY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1_ Pursuant to the request of WEDFA, the Aubum City Council
does hereby approve the issuance of non-recourse revenue bonds by WEDFA, for
the purposes provided in the Act; in accordance with the following:
o The Bonds shall be issued in the aggregate principal sum of not:to
exceed $9,500,000 pursuant to a Resolution of WEDFA.
o The proceeds of the Bonds shall be lent to Orion Industries, pursuant
to a loan agreement or o4her appropriate financing agreement, and used for
the purpose of acquiring, rehabilitating and equipping the Project as
described in said Resolution No. W-2014-6, including the necessary
appurtenances, located within the boundaries of the City of Aubum and to
pay certain costs of issuance of the Bonds.
o The Bonds shall not constitute an obligation of the State of
Washington or of the City of Aubum, and no tax funds or revenues of the
State of Washington or of the City of Autium shall be used to pay the
principal or interest on the Bonds. Neitherthe faith and credit nor any taxing
power of the State of Washington orof the City of Aubum shall be pledged to
pay the principal or interest on the Bonds.
Section 2. The City of Aubum further hereby approves the issuance ofi
Resolution No. 5072
May 14, 2014
Page 2 of 3RES.B Page 75 of 82
Bonds by WEDFA for the purpose of financing the Project as described in said
Resolution No. W-2014-6, as a qualified project under the Act; Provided that such
approval shall not waive any of the peRnitting requirements applicable to sa'id
Project.
Section 3. This Resolution is intended to constitute approval of the
issuance of revenue bonds within the meaning of the policy of the Washington
Economic Development Finance Authority.
Section 4. The Mayor is here6y authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 5. This Resolution shall be in full force and efFect upon passage
and signatures hereon.
Dated and Signed this day of 2014.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
D ie 8. Hei , ity Attorney
Resolution No. 5072
May 14, 2014
Page 3 of 3RES.B Page 76 of 82
EXHIBIT"A"
RESOLUTIONNO.W-2014-6
A RESOLUTION OF THE WASFIII TGTON ECONOMIC DEVELOPMENT
FINANCE AUTHORITY 'AI NG OFFIGIAL ACTION TOWARD THE
ISSUANCE OF NONRECOURSE ECONOMIC DEVELOPMENT REVENiIE
BONDS IN ONE OR MORE.SERIES IN A MAXIMUIVI AMOUNT NOT TO
EXCEED $9,500,000 AND AUTHORIZING TAE EXECUI'ION OF AN
INDF.MMIVIFICATION AND COMPENSATION AGTtEEMENT BY AND
BETWEEN THE WA3HINGTON ECONONIIC DEVELOPMENT FINANCE
AUTHORITY AND ORION INDIISTRIES OR Tl'S AFFILATES, SUCCESSOR
ORASSIGNS(the"Company").
WF REAS, the Washington Economic DevelopmenY Finance Authority (the
Issuer") ia a duly organized and existing instrvmentality of the State of Washington
authorizbd and empowecod by the provisions of RCW Chapter 43.163 (collectively, the
AcY') to issue nanrecourse•wonomic development revenue bonds for the purpose of
carrying into effect ie construction of unprovemerns and the acquisition of persottal
pzoperties end provide working capital suitable for use by eny indushy, and to loan its
moneys when necessary oz convenient to carry out its powers under the Act; and
Wf REAS, the Company, a 501(c)(3) non-for-profit corporation, hes infozmed
the Lssuer that it is curreatly constructing, acquiring sad eqwpping a facility wluch is to
provide job-training and job-placement services(in part Uuough aerospace manufachuing
and call center operations) for individuals with disabilities and other significant 6arriers
to employment(the"Projact"), as more fiilly described 'm Exhibit A attached hereto and
incorporated herein at the site described in Exhibit A hereto in Aubum,Wasliington(the
Site"), ali of which are lacated within the territ6rial limits of the State of Washington,
and the Company has requested the Issuer to issue nonrecourse xoaomic development
revenue bonds(the"Bonds")in a maximum amount not to exceed$9,500,000 piusuam to
the Act and to loan the proceeds of tlie Bonds to the Company to finance the Project;and
WE REAS, the Issuer's staff has infocmed the Issuer that significant ste$
discussions with the Company occuaed prior to the Issuer's approval of ongoing
semiannual administrative charges and_the lack of such fees were a significant.component
of the discussions with the Comp y;and
WF REAS; a form of agreemem designated as aa "Indemnification and
Compensation Agreement"has been prepsred seiting forth the respective agreements aad
undeAaking ofthe Issuer and the Company with rospect m the Bonds and the Project;and
I
I
i
RES.B Page 77 of 82
WHEREAS, iYis considered necessary and desuable for the best interest of the
Issuer that the Indemnification and Compensation Agreemeat be executed for end on the
behalf of the Issuer; and
Wf REAS, the Indemaification and Compensation Agreement requires the
Company to pay all reasonable and necessary costs iacurred by the Issuer in connectioa
with the Bonds and/or in connection with the Project;and
WF REAS, the Issuer finds that the Project constitutes the development and
improvement of economic development facilities nnder the Act;and
WHEREAS, it is intended that this resolution shall constitute a declaration of
offlcial intent w reimburse Project ezpenditures witbin the meaning of Sections 1.103-
8)(T)(a)(and 1.150-2 of the Fedecal Income Tax Regule6ons.
NOW T'HEREFORE, be it resolvod by the Washington Economic Developmem
Fiaanca Authoriiy as follows:
ction It is hereby determined that (a) the acquisition, construction and
instaIlation of the Project and its operatioa as an economic developmeat facility; (6) the
issuance of the bonds of the Issuer in one or moro series end in a maximum amount not to
excoed $9,500,000, to 6nance costs of the Project, such total costs to be financed by the
Bonds pxesenuy estimated to be approximately $9,500,000; and (c) the eacecution and
delivery of such concracts and agreements with the Issuer es are necessary to provide for
the payment by the Issuer of amounts sufficient to pay the principal of,premium, if any,
and interest oa the Bonds, together rvith certain costs of the Issuer, will all be in
fiutherance of the Act.
ection 2. Subject to the conditions listed ia Section 3 below,including such
other coaditions as in the jud ent of the Issuer and bond co msel are necessary to insure
the validity of the Bands and the tau-eicempt or taxable status of the Bonds,it is the intent
of the Issuer to proceed towazd the issuence and salo-of the Bonds pursuant to the
provisions of the Act. Nothing in this resolution shall be wnshved as legally biading the
Issuerto authoriu,issue,or sell the Bonds.
ectioa 3. The authorization,issuence,and sale of the Bonds by the Issuer aze
subject ta the following conditions:
a) the Company shall have caused to be issued an urevocable letter of credit(the
Letter of Credit") by aa investment-grade rated commercisl bank, acceptable to the
Issuer(the "Letter of Credit Bank"), which shall ba used to pay and secure the Bonds or
shall have secured a bond purchase agreemeat(the "Bond Purchese AgreemenY')from an
AccreBited Investor, as such term is de5ned in 17 CFR 230.501(a), or gualified
in.ctitudonal buyers,in each case acceptable to the Issuer,fo;the purchase of the Bonds;
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I RES.B Page 78 of 82
b) the Compaay shall mtcr iato such contracts and loan agi eements with the
Issuer as shall be aecessary to secure payment af the principal of, premium, if any,and
interest on the Bonds as when the same shall came due and payable;
c) on or before two (2)years from the date hereof(or such latcr date as shall be
mutually satisfactory to the Issuer and the Company) the Issuer end the Company shall
have agrad w mutually acceptable teims and conditians of the contracts and ageem ts
refeaed m in paragraph(b)af this Seetion 3;
d) the rssuer shall have received an opinion of bond counsel that, with certain
customary exceptions, such of the Bonds wlrich it is intended stiall be issued as tax-
exempt obligations may be so issued piusuant tio the grovisions of the Intemal Revenue
Code of 1986;
e) if requind,the Fssuer.shall Laye received an ellocation of the State ceiling on
priya;e activity bonds imposed by Section 146 of the Intecaal Revenue Code of I986 in
en amouat equat to the aggregate face amoimt of such of the Boads as shall be issued as
tax-exempt obligations,end shall have ellocaxd sueh amouat to the Bonds;
fl tfie Lcsaer shall have received evidence that the couaty city. or wwn witLin
whose plannin8 Jurisdiction the Projxt lies has appeoved the Projeet and the Bonds or
such other evidence satisfactory to the Issua that the Project will be welcomed by tLe
wmmuniry in which the Project will be locatdd;and
p such ather conditions av in the judgment of the Issuer and bond counsel are
necessary to insure the validity of the Bonds and the tax-exempt status of such of the
Bonds as shall be issued as tax-exempt obligations.
S tion 4• For the Boads, the Issuer hereby weives the semiannual
edministrative fees currenfly set forth ia its Underwriting Staztdards.
on 5. The proper officials of the Iss¢er are hexeby authorized to take such
fiuther acrion as is necessa y to carry out the intent.and purposes hereof under the tecma
and conditions stated herein and in compliance with the applicable pmvisions of law.
ecrion 6. Tliaz it is deemed necessary and advisable that tha Indemnificarion
and Compe.asation Agre t be approved and execuud for and on behalf oFthe Issua.
oa . That an d ;fication e¢d Compensation Agisement by and
betvvecn t6e Issuer and the Company be,aad the same is hcreby,approved and authorized
and tlie Chair of the Issuer is hereby authoriud to exceata tha Indemnification and
Compeasation Agreement on behalf of the Issaer.
Sxtian 8. F.ach Bond, when and if issued, shall substentially state the
followiiig language on the face Usereof:
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RES.B Page 79 of 82
Tf OBLIGATIONS OF TF1E ISSUER E REUNDER SHALL NOT BE
DEEMED TO BE A DffiT,LJABII.ITY,OBLIGATION,OR PLEDGE OF TI FAITfT
AND CREDIT OF TfIE STATE OF WASHINGTON, OF ANY MUNICIPALTfY, OR
OF ANY' MUNTCIPAL CORPORATIOTl, QUASI M[JNICIPAL CORPORATiON,.
S.UBDIVISION,OR AGENCY OF THE STATE OF WASHIIdT(3TON,OR TO PLED(3E
ANY OR ALL OF THE FATlIi AND CREDIT OF ANY OF Ti SE ENTTIfES..
NEITHER TFIE STATE OF WASHIIVGTON, Ti ISSUER, ANY MIJNICIPALiTY,.
OR ANY OTf R M[JNICIPAL CORPORATION, QUASI MUNTCIPAL
CORPORAITON,SUBDMSION,OR AOENCY OF TFIE STATE OF WASHIlVGTON
IS OBLICiATED TO PAY THE PRINCIPAL OR TFIE INTEREST THEREON, NO
TAX FUNDS OR QOVERNNfENTAL REVENUE MAY BE USED TO PAY THE
PRINCIl'AL OR INTEREST TFIERREON. NEPCHER ANY OR ALL OF Ti FA1TH
AND CREDIT NOR TFIE TAXIl IQ POWER OF TF STATE OF WASEiIIVC3TON,
THE ISSUER, IF ANY, OR ANY IvnJNICIPAL CORPORATION, QUASI
MUr1ICIPAL CARPORATfON, SUBDIVISION, OR AGENCY THEREOF IS
PLEDGED TO TFTE PAYMENT OF TF P1tINCIPAL OR OF Tf INTEREST OI3
Tf BONDS.
Section 9• Tlus Resolutioa sl all be effective after its adoptioa
ADOPTED by the Washiagton Economic Development Finance Authority tlus
18th day of April,2014.
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORIfY
By:i_A
ct
j
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I RES.B Page 80 of 82
E7 A
DESCRTPTION OE PROJECT AND ST!'E
The Project will consist of: conshucting, acquiring and equipping a facility of
approximately 100,000 square feet aad related site which is to provide job-haining end
job-placement seivices (ia part through aerospace meaufacturing and call centez
operations)for individuals with disabilities and other significant baaiers to employment,
in addition to bond issuance costv. The project is located az 1590 A Sh eet N.E,Aubwn,
Washington.
RES.B Page 81 of 82
cEx ca
T, the updersig ed, 3ecretary af the Weshingtqn Economio Devdopment Pinance
ixthCrltJl(fie'eam c.alled the"Tssuer',DO HEREBY CEIrCIFY:
1. ThSt the attached Resolution No.W:2014-6(,hesein called the "Xtqsqlution"j.'rs.atFUe
and carrect copq of a rasolution 6fth Tssubt es:6nally aSbpttd az a speaal etiag qf thc
Issuerheld pa the 18th day pf April,2414,end duly reco;ded m my offtce.
2. T`at said meeting was duly convened and he[d in all aspects ia accordaaco with 19w,
and,to th s LAt zequited.by l w'and the b-laova of tt e Issuer,duo sad pro er notica of
s h meedng w givea; that a lagN qu0rum was prese,Y gktout ihe tteCting and a
iegall sufficieat numbeL af inembers of the Weshington Economic Develo cnwrt F'iriarice
Aut64rity voted 3u tka pzoper matln¢£aX the adoptioa of tlie Resolution;that all ather
requiremaits and pr6ceedirigs meidart to tfie prbpeC adnption of the Resolutit a bave hem
Sluly fulfillCii, cartiecl out, and otherwise observed; and that I am auYhorized tn execut
thi9 4eilifice'kto.
IN VTTNES3 TFIEREOF,I have heYeuatQ SCt myhaad this 18th zlay of April,2014.
ecre
RES.B Page 82 of 82