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HomeMy WebLinkAbout01-20-2015 CITY COUNCIL AGENDA PACKETAlityrB URN WASHINGTON City Council Meeting January 20, 2015 - 7:00 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video M eeti ng videos are not avai I abl e unti 172 hours after the meeting has concluded. I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS III. Appointments IV. Agenda Modifications V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing is scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C. Correspondence There is no correspondence for Council review. VI. COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. VII. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the January 5, 2015 Regular Meeting* B. 2014 Claims Vouchers (Coleman) Claims check numbers 431945 through 431946 and 431948 through 432104 in the amount of $3,696,684.32 and dated January 20, 2015. Page 1 of 152 C. 2015 Claims Vouchers (Coleman) Claims voucher number 431944 , 431947 and voucher 432105 through voucher #432182 in the amount of $2,366,648.78 and two wires in the amount of $4,428.81 and dated January 20, 2015. D. Payroll Vouchers (Coleman) Payroll check numbers 535266 through 535311 in the amount of $948,081.14, electronic deposit transmissions in the amount of $1,291,564.71 for a grand total of $2,239,645.85 for the period covering January 1, 2015 to January 14, 2015. E. Public Works Project No. C207A* (Snyder) City Council to award Small Works Contract No. 14 -17, to Native Green Landscape on their low bid of $118,653.84 for Project No. C207A, A Street NW Extension Offsite Wetland Mitigation Project — Phase 2 Planting F. Public Works Project No. C524A* (Snyder) City Council to approve Final Pay Estimate No. 7 to Contract No. 14 -05 in the amount of $9,467.96 and accept construction of Project No. C524A SCADA — Utility Physical Site Improvements G. Public Works Project No. CP1207* (Snyder) City Council to approve Final Pay Estimate No. 10 to Contract No. 13 -10 in the amount of $68,382.97 and accept construction of Project No. CP1207, `D' Street Utility Improvements H. Public Works Project No. CP1320* (Snyder) City Council to award Contract No. 14 -11, to SCI Infrastructure, LLC on their low bid of $1,578,823.00 plus Washington State sales tax of $149,988.19 for a total contract price of $1,728,811.19 for Project No. CP1320, Maintenance and Operations Storm Drainage Improvement project VIII. UNFINISHED BUSINESS IX. NEW BUSINESS X. ORDINANCES A. Ordinance No. 6548 (Second Reading)* (Faber) An Ordinance of the City Council of the City of Auburn, Washington, repealing Chapter 2.96 of the Auburn City Code relating to the Auburn International Farmers Market Advisory Board (RECOMMENDED ACTION: City Council adopt Ordinance No. 6548.) B. Ordinance No. 6549 (Second Reading)* (Hursh) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 2.36.030 of the City Code relating to the appointments to the City of Auburn Human Services Committee Page 2 of 152 (RECOMMENDED ACTION: City Council adopt Ordinance No. 6549.) C. Ordinance No. 6552 (First Reading)* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Mountain View South (RECOMMENDED ACTION: City Council to suspend the rules and introduce and adopt Ordinance No. 6552.) D. Ordinance No. 6550 (First Reading)* (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the Local Sales and Use Tax Rate for Local Revitalization Financing for 2015 (RECOMMENDED ACTION: City Council adopt Ordinance No. 6550.) E. Ordinance No. 6551 (First Reading)* (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 13.06.280, 13.06.290, and 13.06.300 of the Auburn City Code relating to liening and noticing owners who have failed to pay their utility charges of water service termination (RECOMMENDED ACTION: City Council adopt Ordinance No. 6551.) XI. RESOLUTIONS A. Resolution No. 5101* (Heid) A Resolution of the City Council of the City of Auburn, Washington, for the Annexation of a portion of property to the City of Auburn simultaneously to its deannexation from the City of Kent, pursuant to RCW 35.10.217(2), and authorizing City staff to file a Notice of Intent to Annex with the Washington State Boundary Review Board for King County (RECOMMENDED ACTION: City Council adopt Resolution No. 5101.) B. Resolution No. 5116* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a services contract with the Seattle -King County Department of Public Health for reimbursement of funds related to 2015 Local Hazardous Waste Management Program activities (RECOMMENDED ACTION: City Council adopt Resolution No. 5116.) C. Resolution No. 5117* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an interagency agreement between the City of Auburn and King County to implement the 2015 -2016 Waste Reduction and Recycling Grant Program and accept program grant funds in the amount of Seventy -Five Thousand, Seven Hundred and Twenty dollars ($75,720.00) (RECOMMENDED ACTION: City Council adopt Resolution No. 5117.) D. Resolution No. 5120* (Snyder) Page 3 of 152 A Resolution of the City Council of the City of Auburn, Washington, setting a hearing date to consider amending the 2015 -2020 Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 (RECOMMENDED ACTION: City Council adopt Resolution No. 5120.) E. Resolution No. 5113* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, approving the agreement between the cities of Auburn and Sumner for adjustment of the boundary between the cities of Auburn and Sumner with the movement of city boundary to the other side of the roadway of a portion of right -of -way of Stewart Road /Lake Tapps Parkway East currently within the City of Auburn, pursuant to RCW 35.13.310 XII. MAYOR AND COUNCILMEMBER REPORTS At this time the Mayor and City Council may report on their significant City- related activities since the last regular Council meeting. A. From the Council B. From the Mayor XIII. 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 4 of 152 AuBuRN 1YY CAF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the January 5, 2015 Regular Meeting Department: Administration Attachments: Minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 Date: January 13, 2015 Budget Impact: $0 Staff: Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 5 of 152 WASHINGTON City Council Meeting January 5, 2015 - 7:00 PM Auburn City Hall MINUTES I. CALL TO ORDER A. Pledge of Allegiance Mayor Nancy Backus called the meeting to order at 7:00 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Deputy Mayor John Holman, Rich Wagner, Bill Peloza, Largo Wales, Wayne Osborne, Claude DaCorsi and Yolanda Trout. Department Directors and staff members present included: Parks, Arts and Recreation Director Daryl Faber, IT Operations Manager Ashley Riggs, City Attorney Daniel B. Heid, Community Development and Public Works Director Kevin Snyder, Chief of Police Bob Lee, Finance Director Shelley Coleman, Director of Administration Michael Hursh, Public Affairs and Marketing Liaison Dana Hinman, Economic Development Manager Doug Lein, and City Clerk Danielle Daskam. II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS A. Recognition of Dick Brugger Poet Laureate City Council to recognize outgoing Poet Laureate Dick Brugger. Mayor Backus recognized Dick Brugger for his talents and outstanding service to the community as Auburn's Poet Laureate. Mr. Brugger was appointed in 2012 to the honorary role as Auburn's first Poet Laureate. Mr. Brugger is a published and award - winning poet and has many community connections. Mr. Brugger wrote and shared poems at City events and participated in a variety of public programs. Mr. Brugger exceeded all expectations of the position. Mr. Brugger thanked Mayor Backus and Councilmembers for the opportunity to serve as Auburn's Poet Laureate. B. Proclamation - Miss Auburn Scholarship Program Mayor Backus to proclaim January 23rd and 24th as Miss Auburn & Miss Auburn's Outstanding Teen Scholarship Program Days in the City of Auburn. Miss Auburn and Miss Auburn Outstanding Teen contestants introduced themselves and reported their sponsors and described their platforms. Miss Auburn contestants in attendance included: Haley Henricksen sponsored by Scotty's General Construction, Kenzie Parker sponsored by Oddfellas Pub and Eatery, Sarah Gleason sponsored by Longhorn Page 1 of 6 CA.A Page 6 of 152 Barbecue, Alexis Chinn sponsored by Auburn Rotary, Madeline Bratsch sponsored by Honneysett Construction, Brianna Raves sponsored by Auburn Chevrolet, Heather Haggin sponsored by Auburn Noon Lions, Morgan Warren sponsored by the Chorus Club of Auburn, Sydnee Babcock sponsored by the Kiwanis Club of Auburn, Shelby Garman sponsored by Sound Credit Union, and Natalie Hayes sponsored by Waste Management. Miss Auburn Outstanding Teen contestants in attendance included: Amanda Enz sponsored by Molen Orthodontics, Amanda Lehman sponsored by Marlene's Market and Deli, Megan Bass sponsored by Cascade Skin and Eye Centers, Keely Franchini sponsored by Emily Hursh with HBT Insurance, and Jennifer Hardin sponsored by Katrina Amberguey Photography. Mayor Backus introduced Miss Auburn Scholarship officers in attendance: Tamie Bothell, President and Co- executive Director; Antoinette Manthey, Board Member, and Emily Hursh, Interview Chair. Mayor Backus read a proclamation declaring January 23 and 24, 2015 as Miss Auburn and Miss Auburn's Outstanding Teen Scholarship Program Days in the city of Auburn. 111. APPOINTMENTS A. Appointment of Auburn Poet Laureate City Council to approve the appointment of Marjorie Rommel as Auburn Poet Laureate for a term to expire December 31, 2017. Deputy Mayor Holman moved and Councilmember Osborne seconded to confirm the appointment of Marjorie Rommel as Auburn Poet Laureate for a term ending December 31, 2017. MOTION CARRIED UNANIMOUSLY. 7 -0 Ms. Rommel was in attendance and thanked Mayor Backus, the City Council and previous Poet Laureate Brugger for their support. B. Boards and Commission Appointment City Council to appoint Maryelyn Scholz to the Human Services Committee for a new three year term to expire December 31, 2017. Deputy Mayor Holman moved and Councilmember Peloza seconded to confirm the appointment of Maryelyn Scholz to the Human Services Committee for a term ending December 31, 2017. MOTION CARRIED UNANIMOUSLY. 7 -0 IV. AGENDA MODIFICATIONS There was no change to the agenda. V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. CA.A Page 2 of 6 Page 7 of 152 B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. No one from the audience addressed the Council. C. Correspondence There was no correspondence for Council review. VI. COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendations to the City Council, if any. VII. 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. December 15, 2014 Regular Meeting Minutes B. 2014 Claims Vouchers (Coleman) Claims check numbers 431664 through 431932 in the amount of $5,337,640.10 and 4 wire transfers in the amount of $164,217.51 and dated January 5, 2015. C. 2015 Claims Vouchers (Coleman) Claims check numbers 431933 through 431943 in the amount of $152,696,60 and dated January 5, 2015. D. Payroll Vouchers (Coleman) Payroll check numbers 535234 through 535265 in the amount of $281,221.00, electronic deposit transmissions in the amount of $1,279,497.77for a grand total of $1,560,718.77 for the period covering December 11, 2014 to December 31, 2014. Councilmember DaCorsi moved and Councilmember Holman seconded to adopt the Consent Agenda. Councilmember DaCorsi noted a scrivener's error in the December 15, 2014 Council minutes. The time of recess to executive session will be corrected to reflect 8:18 p.m. MOTION CARRIED UNANIMOUSLY. 7 -0 VIII. UNFINISHED BUSINESS There was no unfinished business. IX. NEW BUSINESS There was no new business. X. ORDINANCES CA.A Page 3 of 6 Page 8 of 152 A. Ordinance No. 6548 (First Reading) (Hursh) An Ordinance of the City Council of the City of Auburn, Washington, repealing Chapter 2.96 of the Auburn City Code relating to the Auburn International Farmers Market Advisory Board Deputy Mayor Holman moved and Councilmember Wales seconded to approve Ordinance No. 6548. Director Faber explained the Auburn International Farmers Market has operated with an advisory board for the past six years. The Board provided an invaluable service during the initial establishment and early operation of the Farmers Market. Staff propose to move away from a formal advisory board and towards a Friends of the Market. Board members are aware of the proposed change and are encouraged to continue to participate in the Market as volunteers. In response to a question from Councilmember Wagner, Director Faber stated the Market will be operated under the direction of Parks, Arts and Recreation. Director Faber advised the City will be advertising for a new Market Manager. The position is part time and is not to exceed 1,500 hours in the year. Councilmember Wagner stated he believes the Farmers Market Advisory Board strengthened a connection with the communities of Algona and Pacific, which he hopes can be maintained. B. Ordinance No. 6549 (First Reading) (Hursh) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 2.36.030 of the City Code relating to the appointments to the City of Auburn Human Services Committee Councilmember Osborne moved and Deputy Mayor Holman seconded to approve Ordinance No. 6549. Director of Administration Hursh explained Ordinance No. 6549 reduces the number of members for the Human Services Committee from eleven to seven members. Director Hursh reported obtaining a quorum of the Committee has been difficult. Moving the meeting date and time has not increased the ability to ensure members' attendance and obtain a quorum of the members in order to conduct business. XI. RESOLUTIONS A. Resolution No. 5118 (Heid) A Resolution of the City of Auburn of the supporting Product Stewardship Systems for leftover paint to provide stable financing, increased recycling and resource recovery, and reduced environmental and health impacts Councilmember Peloza moved and Deputy Mayor Holman seconded to adopt Resolution No. 5118. Councilmember Peloza spoke in support of Resolution No. 5118. The Resolution was proposed by the King County Solid Waste Adv gry 4 of 6 Hae CA.A Page 9 of 152 Committee. Resolution No. 5118 would express the Council's support for policies and legislation to establish a convenient, safe and environmentally sound paint stewardship program in Washington State that is financed by the paint manufacturers and covers the cost of collection, transportation, and recycling, and does not rely on state and local government funding. Councilmember Peloza stated the State of Oregon has a paint stewardship program. The average paint price in Oregon increased to fund the paint stewardship program. MOTION CARRIED UNANIMOUSLY. 7 -0 XII. MAYOR AND COUNCILMEMBER REPORTS At this time the Mayor and City Council may report on their significant City - related activites since the last regular Council meeting. A. From the Council Councilmember DaCorsi reported he attended the Mayor's holiday open house at the Auburn Avenue Theater. Councilmember DaCorsi stated he was impressed by the entertainment provided by children of the community, and it was a very enjoyable event. Councilmember Wales provided an update on the work of the Environmental Fees Committee of the Seattle -King County Board of Health. The Environmental Fees Committee is recommending a cost - recovery fee structure and a recommendation to the Board is anticipated in March 2015. Councilmember Peloza reported on his attendance at the South County Area Transportation Board meeting, where he is chair of the Board for 2015. Councilmember Peloza also reported on his attendance at the Auburn Airport Advisory Board meeting, the Senior Center Christmas lunch, and the Senior Center New Year lunch. B. From the Mayor Mayor Backus reported on a meeting of representatives from the City of Auburn and Green River College regarding security and public safety. Mayor Backus reported she provided public testimony at the Sound Transit Board meeting regarding Sound Transit 3 and the need for an additional parking garage in Auburn, which was included in Sound Transit 2 but not realized. Mayor Backus also reported she participated in the Holiday Toy Giveaway at Auburn High School, the Auburn Food Bank Holiday Basket Giveaway at Holy Family Church, and the annual Tanoa Bowl at Auburn High School. XIII. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:05 p.m. CA.A Page 5 of 6 Page 10 of 152 APPROVED this day of January, 2015. CA.A NANCY BACKUS, MAYOR Danielle Daskam, City Clerk Page 6 of 6 Page 11 of 152 CA.B AuBuRN ITY OF � \VASHENG`Or, Agenda Subject: 2014 Claims Vouchers Department: Administration AGENDA BILL APPROVAL FORM Attachments: No Attachments Available Administrative Recommendation: Date: January 12, 2015 Budget Impact: $0 Approve Claims Vouchers. Background Summary: Claims check numbers 431945 through 431946 and 431948 through 432104 in the amount of $3,696,684.32 and dated January 20, 2015. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: January 20, 2015 Item Number: CA.B AUBURN * MORE THAN YOU IMAGINED Page 12 of 152 CA.0 AuBuRN 1YY CAF � \VASHENG`O Agenda Subject: 2015 Claims Vouchers Department: Administration AGENDA BILL APPROVAL FORM Attachments: No Attachments Available Administrative Recommendation: Date: January 14, 2015 Budget Impact: $0 Approve claims vouchers Background Summary: Claims voucher number 431944 , 431947 and voucher 432105 through voucher #432182 in the amount of $2,366,648.78 and two wires in the amount of $4,428.81 and dated January 20, 2015. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: January 20, 2015 Item Number: CA.0 AUBURN * MORE THAN YOU IMAGINED Page 13 of 152 AuBuRN ITY CAF � \VASHENG`Or, AGENDA BILL APPROVAL FORM CA.D Agenda Subject: Date: Payroll Vouchers January 12, 2015 Department: Attachments: Budget Impact: Administration No Attachments Available $0 Administrative Recommendation: Approve Payroll Vouchers. Background Summary: Payroll check numbers 535266 through 535311 in the amount of $948,081.14, electronic deposit transmissions in the amount of $1,291,564.71 for agrand total of $2,239,645.85 for the period covering January 1, 2015 to January 14, 2015. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: January 20, 2015 Item Number: CA.D AUBURN * MORE THAN YOU IMAGINED Page 14 of 152 CA.E AuBuRN ITY Cdr • wAs - IENGTo Agenda Subject: Public Works Project No. C207A Department: CD & PW AGENDA BILL APPROVAL FORM Attachments: Budget Status Sheet Bid Tab Sumary Vidnity Map Administrative Recommendation: Date: January 12, 2015 Budget Impact: $0 City Council award Small Works Contract No. 14 -17, to Native Green Landscape on their low bid of $118,653.84 for Project No. C207A, A Street NW Extension Offsite Wetland Mitigation Project Phase 2 Planting. Background Summary: The City received 5 responsive bids and the low bid was approximately 14% below the engineer's estimate. Staff has performed reference checks and other verifications to determine that Native Green Landscape meets the responsible bidding criteria and recommends award. The A Street NW Extension Offsite Wetland was created as part of the A Street NW Extension project. The purpose of this project is to implement the 2nd phase of the approved wetland mitigation plan as required by the Department of the Army's Section 404 Permit and the Department of Ecology's 401 Water Quality Certification in order to achieve the performance standards during the 10 year monitoring period. This Phase 2 Planting project is necessary in order to satisfy the permit requirements. The phase 2 planting is expected to be completed by December 31, 2015. A project budget contingency of $26,351.00 remains in the 102 Fund. Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 Staff: Snyder Item Number: CA.E AUBURN * MORE THAN YOU IMAGINED Page 15 of 152 CA.E AUBURN * MORE THAN YOU IMAGINED Page 16 of 152 BUDGET STATUS SHEET Project No: C207A Project Title: A Street NW Extension - Wetland Maintenance and Monitoring Project Manager: Matthew Larson Advertisement Date: 12/19/2014 Award Date: N/A Permit Termination Date: 2023 a Project Update O Permission to Advertise Q Contract Award O Change Order Approval Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Date: 1/9/2015 Funding Prior Years 2014 2015 Future (2016 -2023) Total 102 Fund - Unrestricted Streets $ 31,823 $ 115,020 $ 30,000 $ 140,000 $ 115,020 102 Fund - Impact Fees $ 57,436 $ 52,680 $ 350,000 $ 175,000 $ 635,116 Total $ 57,436 $ 167,700 $ 350,000 $ 175,000 $ 750,136 Activity Prior Years 2014 2015 Future (2016 -2023) Total Invasive Weed Spraying Service $ 31,823 $ 15,960 $ 30,000 $ 140,000 $ 217,783 Monitoring /Maintenance - Consultant $ 19,555 $ 17,731 $ 51,535 $ 165,000 $ 253,821 Monitoring - City Costs $ 6,059 $ 9,500 $ 10,000 $ 50,000 $ 75,559 Phase 2 Planting - Contract Bid Amount $ 0 $ - $ 118,654 $ - $ 118,654 Phase 2 Planting - Authorized Contingency (20 %) $ - $ - $ 23,731 $ - $ 23,731 Phase 2 Planting - City Construction Engineering $ - $ - $ 14,238 $ 20,000 $ 34,238 Total $ 57,436 $ 43,191 $ 248,158 $ 375,000 $ 723,785 * ( #) in the Budget Status Sections indicates Money the City has available. Note: The design and construction costs associated with the A Street NW Extension project have been removed for clarity. Only the offsite wetland monitoring and maintenance budget and costs are included above. CA.E Pag#/gocig 152 Page 1 of 1 Prior Years 2014 2015 Future (2016 -2023) Total *102 Funds Budgeted ( ) $ (57,436) $ (167,700) $ (350,000) $ (175,000) $ (750,136) 102 Funds Needed $ 57,436 $ 43,191 $ 248,158 $ 375,000 $ 723,785 *102 Fund Project Contingency() $ - $ (124,509) $ (101,842) $ - $ (26,351) 102 Funds Required $ 0 $ - $ - $ 200,000 $ - * ( #) in the Budget Status Sections indicates Money the City has available. Note: The design and construction costs associated with the A Street NW Extension project have been removed for clarity. Only the offsite wetland monitoring and maintenance budget and costs are included above. CA.E Pag#/gocig 152 Page 1 of 1 Project Name: Prepared by: Bid Date: BID TABULATION BID TOTALS SUMMARY C207A, A Street NW Extension Offsite Wetland Mitigation Phase 2 Planting City of Aubum 1/6/15 ENGINEER'S ESTIMATE: $ AVERAGE BASIC BID AMOUNT: $ BASIC BID SPREAD AMOUNT: $ 137,973.00 131,554.67 31,459.66 Basic BID Amount Spread $ Spread LOW BIDDER: Second Bidder. Native Green Landscape T Miller Construction $ 118,653.84 $ 123,999.00 419,319.16 - $13,974.00 - 14.00% - 10.13% Native Green Landscape T Miller Construction Badgley's Landscape Buckley Nursery Company Terra Dynamics 1/6/2015 (3 :06 PM h :\prof \bidtabs \C207A -Phase 2.xls Total Bid $ 118,653.84 $ 123,999.00 $ 133,131.00 $ 131,876.00 $ 150,113.50 CA.E Page 18 of 152 z w AIRPORT z z 0 NE 17th 15th pr r ■ DR 7) 2nd ST NW U ST Z 1 ST sw TRANSIT STATION _ 2nd F 6th ST NE PARK AVE 4th ST NE ST NE 10th 8th w z 11 PL NE u 7th ST NE VETERANS MEMORIAL PARK ST 11 NE EAST w N W 0 W BURLINGTON BICENT PARK A UB U1 HI GI SCHO( MAIN ST ST w NORTHER 6th ST SE SW ST SE S UPERMALL w 10th ST E-� 7th 0p 8th ST ST fs, Sth SE 0 10th ST a CITY OF AE UBURN WASHINGTON VICINITY MAP C207A, A Street NW Extension Offsite Wetland — Phase 2 Planting Page 119ffalE52 CA.F AuBuRN 1YY OF � \VASH E NGTo Agenda Subject: Public Works Project No. C524A Department: CD & PW AGENDA BILL APPROVAL FORM Attachments: Budget Status Sheet C524A Pay Estimate Vidnity Map Administrative Recommendation: Date: January 12, 2015 Budget Impact: $0 City Council approve Final Pay Estimate No. 7 to Contract No. 14 -05 in the amount of $9,467.96 and accept construction of Project No. C524A SCADA Utility Physical Site Improvements. Background Summary: Project C524A upgraded utility facilities throughout the City with new Supervisory Control and Data Acquisition (SCADA) systems and constructed site improvements to enhance security. The SCADA work was completed under agreement No. AG -C -401 and is currently in a 1 -year warranty period. Contract No. 14 -05 constructed the security related site improvements that included fencing, lighting, equipment shelters, vegetation removal and restoration, and other work. The following project budget contingencies remain: $26,162.00 in the 430 Water Fund, $7,941.00 in the 431 Sewer Fund, and $3,109.00 in the 432 Storm Fund. Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 Staff: Snyder Item Number: CA.F AUBURN * MORE THAN YOU IMAGINED Page 20 of 152 BUDGET STATUS SHEET Project No: C524A Project Title: SCADA System Improvements Project Manager: Jacob Sweeting Initiation Date: 3/5/2007 Advertisement Date: 3/18/2014 Award Date: 2/22/2011(Tech Contract) © Final Acceptance O Permision to Advertise Physical Imp O Consultant Agreement O Change Order Approval Date: January 8, 2015 Funds Budgeted (Funds Available) Funding 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total 430 Fund - Water 657,779 1,669,604 358,616 588,790 3,274,789 431 Fund - Sewer 329,737 1,044,185 234,409 306,666 1,914,997 432 Fund - Storm 151,347 443,060 145,531 151,489 891,427 431 Fund - Emergency Sewer Repairs 0 0 0 18,173 18,173 Total 1,138,863 3,156,849 738,556 1,065,118 6,099,386 Estimated Cost (Funds Needed) Activity 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total Design Engineering City 14,285 17,150 561 5,691 37,687 AG -C-401 Technology Contract 1,107,440 3,065,875 679,219 317,488 5,170,022 Physical Site Security Construction Contract 0 0 0 518,500 518,500 Physical Site Security Contract - Change Orders 0 0 0 56,564 55,109 Physical Site Security Imp. Line Item Adjustments 0 0 0 (30,088) (30,088) Construction Engineering 17,138 73,824 58,776 161,206 310,944 Total 1,138,863 3,156,849 738,556 972,797 6,007,065 430 Water Budget Status 431 Sewer Budget Status 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *430 Funds Budgeted () (657,779) (1,669,604) (358,616) (588,790) (3,274,789) 430 Funds Needed 657,779 1,669,604 358,616 562,628 3,248,627 *430 Fund Project Contingency () 0 0 0 (26,162) (26,162) 430 Funds Required 0 0 0 0 0 431 Sewer Budget Status 432 Storm Budget Status 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *431 Funds Budgeted() (329,737) (1,044,185) (234,409) (324,839) (1,933,170) 431 Funds Needed 329,737 1,044,185 234,409 318,353 1,925,229 *431 Fund Project Contingency () 0 0 0 (6,486) (7,941) 431 Funds Required 0 0 0 0 0 432 Storm Budget Status * ( #) in the Budget Status Sections indicates Money the City has available. H: \PROJ \C524A- SCADAImp \Budget \C524A BudgetStatusSheet.xls CA. F ,J, Date: 1/8/2015. 1 of 1 Pun a e L1 152 g 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *432 Funds Budgeted () (151,347) (443,060) (145,531) (151,489) (891,427) 432 Funds Needed 151,347 443,060 145,531 148,380 888,318 *432 Fund Project Contingency () 0 0 0 (3,109) (3,109) 432 Funds Required 0 0 0 0 0 * ( #) in the Budget Status Sections indicates Money the City has available. H: \PROJ \C524A- SCADAImp \Budget \C524A BudgetStatusSheet.xls CA. F ,J, Date: 1/8/2015. 1 of 1 Pun a e L1 152 g CITY OF AUBURN C524A, Utility Physical Site Improvements PROJECT SUMMARY CO. NO. 14 -05 PAY ESTIMATE #7 & FINAL Original Contract Contract Change Amount Orders Total Payment This Period Percent/Contract SCHEDULE A: King County Site Work Contract $ 461,828.95 $ 52,888 50 $ 487,048.93 $ 9,060.25 Sales Tax ( +9 5 %) $ 43,873.75 $ 5,024 41 $ 46,269 65 $ 860.72 Retainage ( -5 %) $ (24,352.45) $ (453 01) SCHEDULE TOTAL $ 505,702.70 $ 57,912.91 $ 508,966.13 $ 9,467.96 SCHEDULE B: Pierce County Site Work Contract $ 11,656.40 $ • 10,705.70 $ Sales Tax ( +9 4 %) $ 1,095.70 $ - $ 1,006.34 $ Retainage ( -5 %) $ (535 29) $ SCHEDULE TOTAL $ 12,752.10 $ - $ 11,176.75 $ TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax) TOTAL PAYMENT TO CONTRACTOR PAYMENT DUE CONTRACTOR: Period Dates Begin: Nov. 21, 2014 End: Dec. 20, 2014 $ 545,030.62 $ 520,142.88 $ 9,467.96 $ 9,467.96 95% 92% 95% h:\proj\pe \C524A PE.xl 1/12/2015 at 4:17 PM CA.F Page 22 of 152 CITY OF AUBURN C524A PAY ESTIMATE #7 & FINAL CO. NO. 14 -05 Utility Physical Site Improvements SCHEDULE A: King County Site Work ITEM NO. ITEM DESCRIPTION ESTIMATE TOTAL PERIOD UNIT PERCENT EST. UNIT COST TOTAL COST PERIOD COST QUANTITY QUANTITY QUANTITY TYPE QTY. 1 Mobilization 2 Traffic Control Supervisor 3 Traffic Control Labor (Min. Bid $36 per hour) 4 Clearing and Grubbing 5 Remove and Reset Fence 6 Removal of Cement Concrete Flat Work 7 Removal of Curb and Gutter 8 Remove, Salvage and Reset Tube gale 9 Remove and Salvage of Existing shelter 10 Remove Bollard 11 Remove Fence 12 Remove and Replace Fence 13 Remove Gate 14 Remove Barb Wire 15 Remove Landscape Area 16 Construction Geotextile for Separation 17 Crushed Surfacing Base Course 18 Commercial HMA 19 Precast Concrete Barrier Type 2 20 Temporary Water Pollution /Erosion Control 21 Topsoil Type C 22 Lawn Sod 23 PSIPE Emerald Green Cedar, 6ft 24 PSIPE Red Twig Dogwood, 15 gal 25 Bark Mulch 26 Alternate Residential Driveway 27 Chain Link Fence Type 1, 6 Ft w /Privacy Slats 28 Chain Link Fence Type 1, 7 Ft 29 Chain Link Fence Type 1, 8 Ft 30 Double 12 Ft Chain Link Gate 31 Double 16 Ft Chain Link Gate 32 Double 20 Ft Chain Link Gate 33 Single 3 Ft Chain Link Gate 34 Single 4 Ft Chain Link Gate 35 Single 5 Ft Chain Link Gate 36 Single 6 Ft Chain Link Gate 37 Single 7 Ft Chain Link Gate 38 Single 8 Ft Chain Link Gate 39 Barb Wire 40 Privacy Slats 1 1 LS 40000.00 1 1 LS 1250.00 32 0 HR 36.00 1 134 LS 25000.00 24 0 LF 50.00 17 20 SY 30.00 26 28 LF 30.00 1 1 EA 500.00 1 1 EA 2000.00 2 2 EA 50.00 9D91 8605 LF 5.00 260 0 LF 62.50 16 18 EA 250.00 100 129 LF 15.00 29 36.1 SY 50.00 1561 0 SY 5 00 133 16.09 TON 20.00 4 13.05 13.05 TON 625.00 72 55 LF 100.00 1 0 Eq. Adj. 4750.00 5 92 CY 25.00 40 0 SY 50.00 8 8 EA 200.00 3 3 EA 500.00 5 4 4 CY 100.00 17 16.6 SY 35.00 66 69 LF 8.00 10477 10431.5 LF 20.10 191 191 LF 22.80 1 3 EA 1090.00 3 2 EA 1280.00 1 2 EA 1680.00 1 2 EA 380.00 2 2 EA 420.00 2 2 EA 475.00 1 2 EA 510.00 3 3 EA 575.00 2 1 EA 6.40 523 458.5 LF 3.75 588 600 SF 8.00 $ 40,000.00 $ 1,250.00 $ - $ 33,437.94 $ 600.00 $ 840.00 $ 500.00 $ 2,000.00 $ 100.00 S 43,025.00 $ 4,500.00 $ 1,935.00 $ 1,805.00 $ - $ 321.80 $ 8,156.25 $ 5,500.00 $ 2,300.00 $ 1,600.00 $ 1,500.00 $ 400.00 $ 581.00 $ 552.00 $ 209,673.15 $ 4,354.80 $ 3,270.00 $ 2,560.00 $ 3,360.00 $ 760 00 $ 840.00 $ 950 00 $ 1,020.00 $ 1,725.00 $ 6.40 $ 1,719.38 $ 4,800.00 8,156.25 400.00 100% 100% 0% 134% 0% 118% 108% 100% 100% 100% 95% 0% 113% 129% 124% 0% 12% 326% 76% 0% 1840% 0% 100% 100% 80% 98% 105% 100% 100% 300% 67% 200% 200% 100% 100% 200% 100% 50% 88% 102% Period Dates Begin: Nov. 21, 2014 End: Dec. 20, 2014 CA. .J-i \prof \pe \C524A PE.xls SCHEDULE SUBTOTAL $ Page 23 of 152 8,556.25 1/7/2015 at 8:34 AM CITY OF AUBURN C524A PAY ESTIMATE #7 & FINAL CO. NO. 14-05 Utility Physical Site Improvements SCHEDULE A: King County Site Work ITEM NO. ITEM DESCRIPTION ESTIMATE QUANTITY i TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. QTY. 41 Slide Gate 6 Feet Wide 1 1 EA 780.00 $ 780.00 $ - 100% 42 Slide Gate 12 Feet Wide 2 1 EA 1275.00 $ 1,275.00 $ - 50% 43 Slide Gate 16 Feet Wide 4 2 EA 1675.00 $ 3,350.00 $ - 50% 44 45 Slide Gate 24 Feet Wide 1 1 EA 2410.00 $ 2,410.00 $ - 100% Top Rail 184 290 LF 5.10 $ 1,479.00 $ - 158% 46 Cement Concrete Pad 57 28.4 SY 25.00 $ 710.00 $ - 50% 47 Equipment Shelter, 7'x7'; with Slab, Complete 2 2 EA 5000.00 $ 10,000.00 $ - 100% 48 Equipment Shelter, 7'x8' without Slab, Complete 1 1 EA 5000.00 $ 5,000.00 $ - 100% 49 Equipment Shelter, 7'x10' without Slab, Complete 2 2 EA 10000.00 $ 20,000.00 $ - 100% 50 Equipment Shelter, 12'x20', Complete 1 1 EA 15000.00 $ 15,000.00 $ - 100% 51 Bollard Type 1 21 22 EA 500.00 $ 11,000.00 $ - 105% 52 Metal Wire Mesh Security Frames 1 1 LS 1500.00 $ 1,500.00 $ - 100% 53 Metal Ladder 1 1 1 LS 3000.00 $ 3,000.00 $ - 100% 54 Relocate Storage Trailer 0 LS 2000.00. $ - $ - 0% CO -1 Emergency Sewer Repair, Complete 1 0.848648 Eq. Adj. 15000.00 $ 12,729.72 $ - 85% CO -2 Increase in quantities for Bl #'s 11, 28, 34 CO -3 Emergency Sewer Repair 2- Complete 1 1 Eq. Adj. 2898.43 $ 2,898.43 $ - 100% CO -4 Modification of Shelters - Complete 1 1.05322 0.05322 LS 9470.07 $ 9,974.07 $ 504.00 105% Period Dates Begin: Nov. 21, 2014 End: Dec. 20, 2014 h: \proj\pe \C524A PE.xls CA.F SCHEDULE TOTAL $ 9,060.25 Page 24 of 152 1/9/2015 at 8:27 AM CITY OF AUBURN C524A PAY ESTIMATE #7 & FINAL CO, NO. 14 -05 Utility Physical Site Improvements SCHEDULE B: Pierce County Site Work ESTIMATE TOTAL PERIOD UNIT UNIT COST TOTAL COST PERIOD COST NO. ITEM DESCRIPTION PERCENT EST. QUANTITY QUANTITY QUANTITY TYPE QTY. 55 Mobilization 1 1 LS 5,000.00 $ 5,000.00 $ 100% 56 Traffic Control Supervisor 1 1 LS 500.00 $ 500.00 $ - 100% 57 TemporaryWater Pollution/Erosion Control 1 0 Eq. Adj. 500.00 $ $ - 0% 58 Barb Wire 199 221 LF 3.10 $ 685.10 $ 111% 59 Chain Link Fence Type 1, No Barb Wire 55 54 LF 18.90 $ 1,020.60 $ - 98% 60 Bollard Type 1 8 7 EA 500.00 $ 3,500.00 $ - 88% ITEM Period Dates Begin: Nov. 21, 2014 End: Dec. 20, 2014 CA. P: \prof \pe \C524A PE.xls SCHEDULE TOTAL $ Page 25 of 152 1/7/2015 at 8:34 AM CITY OF AUBURN CO. NO. 14 -05 C524A Utility Physical Site Improvements PAY ESTIMATE #7 & FINAL CONTRACTOR: R.L. Alia Company 107 Williams Avenue South Renton, WA, 98055 Phone: 425 - 226 -8100 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 1 hereby release the City of Auburn from any and all claims of whatsoever nature which 1 may have, arising out of this contract, which are not set forth in this estimate. PAYMENT DUE TO CONTRACTOR = $ 9,467.96 Signatures: r-' -'7 — r Contractor ✓ �' �-- Date r Inspector /_, L.z, Date I — -7 - / S Project Manager Date (- ' /J City Engineer Date CA.' . \projlpe \C524A PE.xls Page 26 of 152 1/712015 at 8:34 AM >.• • • CA. F / z Z 0 `I I/ zHb Z a Z Ski Si3Atl H11,24 a 2 m J'='W'V z I I z >- 2 0 / / / / 1 / I a Fe re Z Wa - J Z 2 7 2 > O I- 1 a 0 w > I r h 35 3AY H1L Lt 9 O w w E� z re 0 ma 7a I- All CV I- re RLU It �z w� c�� W_w y z ¢11 "ter I'.m m MI re s is -a 3N 15 N Atl NNflJfltl -14.-3N 15 =p Myl 3 •, 35 15 W I 01 Pm 7 a =f� ��%� 35 151tl 3 W\ MS1S- w b MN 1S A OCIIII'I z OJI, w. JK 1 i11 2.K $1� �MN=1S'O. 1- N=AMH- A31MM153M 1 2 MN.N4.33tlNU31 > I IW J 01.00 i os� E'er /, . Pa•e 2 of 152 O O co 0 00 0 00 Auburn City Limits Water Pump Stations Sewer Siphons Potential Annexation Areas Water Reservoirs Sewer Pump Stations Water Wells Storm Pump Stations CA.G C=ITY OF�4 AUBURN WASHINGTO Agenda Subject: Public Works Project No. CP1207 Department: CD & PW AGENDA BILL APPROVAL FORM Attachments: Budget Status Sheet CP1207 Pay Estimate Vidnity Map Administrative Recommendation: Date: January 12, 2015 Budget Impact: $0 City Council approve Final Pay Estimate No. 10 to Contract No. 13 -10 in the amount of $68,382.97 and accept construction of Project No. CP1207, D Street Utility Improvements. Background Summary: The `D' Street Utility Improvements project included the completion of storm drainage, sanitary sewer and water improvements along D St. NE between Auburn Way North (AWN) and S. 277th St. Water improvements consisted of extending a new 12" ductile iron water main along D St. NE from AWN to 49th St NE to replace an existing 6" asbestos - cement water line. Sanitary sewer improvements included decommissioning the D St. NE sewer pump station and replacing it with a gravity conveyance system, consisting of a new 12" sanitary sewer main along D St. NE from AWN to S. 277th St. Storm drainage improvements included replacing and upsizing the existing 30" storm line with a new 36" storm line along D St. NE from AWN to S. 277th St. The final contract amount is within the budget and within the authorized contingency for the project. A project budget contingency of $28,861.04 remains in the Water Fund. A project budget contingency of $2,891.61 remains in the Sewer Fund. A project budget contingency of $3,604.23 remains in the Storm Fund. Reviewed by Council Committees: Councilmember: Staff: Snyder AUBURN * MORE THAN YOU IMAGINED Page 28 of 152 CA.G Meeting Date: January 20, 2015 Item Number: CA.G AUBURN * MORE THAN YOU IMAGINED Page 29 of 152 BUDGET STATUS SHEET 'Project No: CP1207 Project Title: D Street Utility Improvements Project Project Manager: Kim Truong Initiation Date: 01/22/2013 Advertisement Date: 07/15/2013 Award Date: 09/09/2013 O Project Initiation O Permission to Advertise Q Contract Award Q Change Order Approval • Final Acceptance Funds Budgeted (Funds Available) Date: January 12, 2015 Funding Prior Years 2013 2014 2015 Total 430 Fund - Water 9,374 75,489 257,337 0 342,200 431 Fund - Sewer 15,610 308,298 456,095 20,887 780,003 432 Fund - Storm Drainage 17,014 112,909 686,077 0 816,000 Payment from PSE for Gas Exploration Related Work 0 325,214 10,556 7,688 10,556 Payment from Centurylink for Working Around Fiber Duct 3,150 57,675 3,150 Payment from Private Applicant for Install New Hydrant 6,376 6,376 Total 41,998 496,697 1,399,509 0 1,938,204 Estimated Cost (Funds Needed) Activity Prior Years 2,013 2,014 2,015 Total Design Engineering - City Costs 41,998 58,685 (263,713) 0 100,683 Design Engineering - Consultant Costs 9,374 13,889 284 20,887 14,172 Permits /Misc. 0 2,880 894 0 3,774 Construction Contract 0 325,214 988,670 7,688 1,321,572 Line Item Changes 57,675 57,675 Change Order #1 231,110 231,110 Change Order #2 0 0 Change Order #3 0 0 Construction Engineering - Consultant Costs 60,588 3,275 63,862 Construction Engineering - City Costs 35,441 91,641 3,000 130,081 Total 41,998 496,697 1,315,873 68,363 1,922,931 430 Water Budget Status 431 Sewer Budget Status Prior Years 2,013 2,014 2,015 Total *430 Funds Budgeted () (9,374) (75,489) (263,713) 0 (348,576) 430 Funds Needed 9,374 75,489 213,965 20,887 319,715 *430 Fund Project Contingency () 0 0 (49,749) 0 (28,861) 430 Funds Required 0 0 0 20,887 0 431 Sewer Budget Status 432 Storm Budget Status Prior Years 2,013 2,014 2,015 Total *431 Funds Budgeted () (15,610) (308,298) (463,294) 0 (787,202) 431 Funds Needed 15,610 308,298 459,113 1,289 784,310 *431 Fund Project Contingency () (0) 0 (4,180) 0 (2,892) 431 Funds Required 0 0 0 1,289 0 432 Storm Budget Status ( #) eyke&dget Status Sections indicates Money the City has available. Page 30 of 152 Prior Years 2,013 2,014 2,015 Total *432 Funds Budgeted () (17,014) (112,909) (692,585) 0 (822,508) 432 Funds Needed 17,014 112,909 642,795 46,185 818,904 *432 Fund Project Contingency () (0) 0 (49,790) 0 (3,604) 432 Funds Required 0 0 0 46,185 0 ( #) eyke&dget Status Sections indicates Money the City has available. Page 30 of 152 CITY OF AUBURN CP1207 PAY ESTIMATE #10 & FINAL CO. NO. 13 -10 D Street Utility Improvements SCHEDULE A: Street Improvements ITEM NO. ITEM DESCRIPTION ESTIMATE QUANTITY TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. QT,. 1 Minor Changes 1 0.136638 0 Eq. Adj. 10,000.00 $ 1,366.38 $ - 14% 2 Mobilization 1 1 0 LS 117,700.00 $ 117,700.00 $ - 100% 3 Construction Site Sign(s) 2 2 0 EA 1,200.00 $ 2,400.00 $ - 100% 4 Traffic Control Supervisor 1 1 0 LS 8,000.00 $ 8.000.00 $ - 100% 5 Traffic Control Labor - Flagging 1080 142.75 0 HR 38.00 $ 5,424.50 $ - 13% 6 Roadside Cleanup _ 1 0 0 LS 9,000.00 $ - $ - 0% 7 Ditch Cleaning Including Haul 80 32 0 CY 50.00 $ 1,600.00 $ - 40% 8 Removal of Structures and Obstructions 1 1 0 LS 27,000.00 $ 27,000.00 $ - 100% 9 Removal of Asphalt Concrete Pavement 877 919 0 SY 9.00 5 8,271.00 $ - 105% 10 Removal of Cement Concrete Pavement 2250 2943.79 0 SY 17.00 $ 50,044.43 $ - 131% 11 Roadwa Excavation Includin. Haul 1110 0 0 CY 24.00 $ - $ - 0% 12 Subgrade Preparation 3330 3557.91 0 SY 0.50 $ 1,778.96 $ - 107% 13 Crushed Surfacing Top Course 560 0 0 TON 22.00 5 - $ - 0% 14 Crushed Surfacing Base Course 1400 1115.06 0 TON 17.00 $ 18,956.02 $ - 80% 15 HMA Cl. 1/2 -inch PG 64-22 (Class B) 350 597.5 31.73 TON 82.00 5 48,995.00 $ 2,601.86 171% 16 HMA Cl. 1 -inch PG 64 -22 (Class E) 350 593.96 0 TON 78.00 S 46,328.88 $ - 170% 17 Asphalt Cold Patch 6 0 0 TON 114.00 S - $ - 0% 18 Commercial HMA 20 0 0 TON 135.00 $ - $ - 0% Cement Concrete Pavement- Including 19 Dowels 40 0 0 SY 135.00 S - $ - 0% 20 Temporary Water Pollution /Erosion Control 1 1.13918087 0.33640087 Eq. Adj. 11,500.00 S 13,100.58 $ 3,868.61 114/, 21 Jute Matting 60 214.6 0 SY 7.00 $ 1,50220 $ - 358% 22 Silt Fence 150 350 200 LF 5.70 $ 1,995.00 $ 1,140.00 233% 23 Property Restoration 1 0 0 Eq. Adj. 2,500.00 $ - $ - 0% 24 Cement Concrete Traffic Curb and Gutter 79 102 30 LF 40.00 $ 4,080.00 $ 1,200.00 129% Removing and Resetting Beam Guardrail 166 166 0 LF 28.00 5 4,648.00 $ - 100% _25_ 26 Monument Type B (Modified) 2 2 0 EA 375.00 $ 750.00 $ - 100% 27 Cement Concrete Sidewalk 26 119.4 71.9 SY 180.00 $ 21,492.00 $ 12,942.00 459% 28 Relocate Type III Mailbox Support w /boxes 2 0 0 EA 325.00 $ - $ - 0% 29 Relocate Permanent Traffic Sign and Post 2 1 0 EA 245.00 $ 245.00 $ - 50% 30 Paint Line with RPM 60 181 0 LF 8.00 $ 1,448.00 S - 302% Plastic Crosswalk Stripe and Stop Bar (24 inch 31 wide) 131 100 0 LF 16.80 $ 1,680.00 $ - 76% h:lpro)j\pe1CP1207 PE.xls CA.G Period Dates Begin: May 21, 2014 End: June 9, 2014 1 of 8 SCHEDULE TOTAL $ 21,752.47 Page 31 of 152 1/8/2015 at 4:31 PM CITY OF AUBURN CP1207 PAY ESTIMATE #10 & FINAL CO. NO. 13 -10 D Street Utility Improvements SCHEDULE B: Sanitary Sewer Utility Improvments ITEM NO. ITEM DESCRIPTION ESTIMATE QUANTITY TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. QTY_ 32 Minor Changes 1 3.958718 0281568 Eq. Adj. 5,000.00 $ 19,793.59 $ 1,407.84 396% 33 Utility Potholing 22 23 0 EA 350.00 $ 8,050.00 $ - 105% 34 35 Clearing and Grubbing 1 3,550.00 Remove and Reset Fence 6 799 0 775.8 0 o 0 LF CY SY EA 0.00 39.00 7.90 4,600.00 $ - $ 30,256.20 $ - $ - o% 97% 36 Unsuitable Foundation Excavation 37 Construction Geotextile for Soil Stabilization 687 0 $ - $ 32,200.00 $ - _ $ 0% 100% 38 39 Manhole Type 1, 48 -inch Diam. Manhole T .e 1, 60 -inch Diam. with Inside 7 1 7 0 1 0 EA 5,900.00 $ 5,900.00 $ - 100% 40 Decommission D Street Sanitary Sewer Pump 1 1 0 LS 9,500.00 $ 9,500.00 $ - 100% 41 Temporary Force Main By -Pass Shoring and Extra Excavation Class B 310 0 0 LF 17.50 $ - $ - 0% 42 43 17747 21629.24 0 SF 0.15 $ 3,244.39 $ - 122% pipe Foundation Material 424 237.04 0 TON 19.00 $ 4,503.76 $ 56% 44 Imported Pipe Bedding 824 782 1443.7 0 0 0 TON TON 17.50 17.50 S 25,264.75 S - $ - $ - 175% 0% 45 Select Pipe Trench Backfill 46 Imported Pipe Trench Backfill 2155 7235.2 TON 15.00 $ 108,528.00 $ - 336% 47 Controlled Density Fill (CD for Trench 3 0 0 CY 185.00 S - $ - 0% 48 49 Controlled Densi Fill (CD for Filling Pipe Quarry Spalls 20 9 0 CY 182.00 S 1,638.00 $ - 45% 1134 1174.51 0 TON 19.00 $ 22,315.69 $ - 104% 50 Solid Wall Polyvinyl Chloride (PVC) Sewer Pi. -, SDR -35, 8 -inch Diam. 124 87 0 LF 70.00 $ 6,090.00 $ - 70% 51 Solid Wall Polyvinyl Chloride (PVC) Sewer Pi. -, SDR -35, 10 -inch Diam_ 6 12 0 LF 300.00 $ 3,600.00 $ - 200% 52 Solid Wall Polyvinyl Chloride (PVC) Sewer Pipe, SDR -35, 12 -inch Diam. Sewer Television Inspection 863 1802 802 1526.5 0 0 LF • LF 40.00 3.25 $ 32,080.00 $ 4,961.13 $ - $ - 93% 85% 53 54 6 inch Diam_ PVC Side Sewer with 6 inch Diam. PVC Cleanout 146 36 0 LF 50.00 S -' 1,800.00 $ - 25% 55 Dewatering System 896 1509 0 LF 6.00 $ 9,054.00 $ - 168% CO-1 Bl#36 Increase Quantity - Unsuitable Foundation Excavation 0 0 CY $ - $ - Co -1 BI#49 Increase Quantity Quarry Spells 0 0 TON $ - $ - CO-1 Bl #52 Decrease Quantity Solid Wall PVC Sewer Pipe, SDR -35, 12 -inch Diam. Foundation Fabric Wrap 87 0 87 0 0 LF LF 21.94 $ - $ 1,908.78 $ - $ - 100% CO-1 -1 CO-1 -2 Concrete Sleds 629 652.5 0 LF 89.20 $ 58,203.00 $ - 104% CO -1 -3 12" Protecto 401 Ductile Iron Sewer Pipe j 663 626.84 0 LF 96.45 $ 60,458.72 $ - 95% h:lproj\pe1CP1207 PE.xls Period Dates Begin: May 21, 2014 End: June 9, 2014 2of8 SCHEDULE TOTAL $ 1,407.84 CA.G Page 32 of 152 1/8/2015 at 4:31 PM CITY OF AUBURN CP1207 PAY ESTIMATE #10 & FINAL MATERIALS ON HAND D Street Utility Improvements SCHEDULE B: Sanitary Sewer Improvements ITEM NO. ITEM DESCRIPTION TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST CO -1 -2 Concrete Sleds Material on Hand 652.50 LF $ 44.00 $ 28,710.00 $ - Material Used (652.50) LF $ 44.00 $ (28,710.00) $ - Unused MOH - $ - $ - CO -1 -3 12" Protecto 401 Ductile Iron Sewer Pipe Material on Hand 670.63 LF $ 53.84 $ 36,106.72 $ - Material Used (626.84) LF $ 53.84 $ (33,749.07) Unused MOH 43.79 -43.79 LF $ 53.84 $ (2,357.65) Period Dates Begin: May 21, 2014 End: June 9, 2014 CA.G 3 of 8 SCHEDULE TOTAL $ (2,357.65) Page 33 of 152 CITY OF AUBURN CP1207 PAY ESTIMATE #10 & FINAL CO. NO. 13 -10 D Street Utility Improvements SCHEDULE C: Water Utility Improvements ITEM NO. ITEM DESCRIPTION ESTIMATE QUANTIT TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. QTY. 56 Minor Changes 1 1.1646 1.1646 Eq. Adj. 5,000.00 $ 5,823.00 $ 5,823.00 116% 57 Utility Potholing 12 13 3 EA 350.00 $ 4,550.00 $ 1,050.00 108% 58 Remove and Reset Fence 6 0 0 LF 108.00 $ - $ - 0% 59 Unsuitable Foundation Excavation 50 0 0 CY 38.00 $ - $ - 0% 60 Construction Geotextile for Soil Stabilization 153 0 0 SY 8.00 $ - $ - 0% 61 18 inch Diam. Steel Pipe (Casing) 20 0 0 LF 140.00 S - $ - 0% 62 Shoring and Extra Excavation Class B 5419 0 0 SF 0.15 $ - $ - 0% 63 Pipe Foundation Material 220 0 0 TON I4 19.00 S - $ - 0% 64 Imported Pipe Bedding 410 306.39 0 TON 17.50 S 5,361.83 $ - 75% 65 Select Pipe Trench Backfill 76 0 0 TON 17.50 $ - $ - 0% 66 Imported Pipe Trench Backfill 527 798.72 0 TON 15.00 $ 11,980.80 $ - 152% 67 Controlled Density Fill (CDF) for Filling Pipe 9.0 9 0 CY 190.00 $ 1,710.00 $ - 100% 68 Quarry Spalls 95 0 0 TON 19.00 $ - $ - 0% 69 Connect to Existing Water Main 4 3 0 EA 2,100.00 $ 6,300.00 $ 75% 70 Special Class 52 Ductile Iron Pipe for Water 781 752 0 LF 69.00 $ 51,888.00 $ 96% 71 Class 52 Ductile Iron Pipe for Water 5 0 0 LF 190.00 $ - $ - 0% 72 ,Special Gate Valve 12 -inch Diam. 6 5 0 EA 2,000.00 $ 10,000.00 $ - 83% 73 Valve Wrench Extension Box 6 0 0 EA 80.00 $ - $ - 0% 74 Hydrant Assembly 1 1 0 EA 4,800.00 $ 4,800.00 $ - 100% 75 Resetting Existing Hydrant 1 1 0 EA 1,580.00 $ 1,580.00 $ - 100% Water Service Connection 'A inch Meter with 1 76 inch Diam. Service Line and Shutoff Valve 7 4 0 EA 1,645.00 $ 6,580.00 $ - 57% 77 Dewaterinq System 327 0 0 LF 1.00 $ - $ - 0% h: \proj\pe \CP1207 PE.xls CA.G SCHEDULE TOTAL $ 6,873.00 Period Dates Begin: May 21, 2014 End: June 9, 2014 4 of 8 1/8/2015 at 4:31 PM Page 34 of 152 CITY OF AUBURN CP1207 PAY ESTIMATE #10 & FINAL CO. NO. 13-10 D Street Utility Improvements SCHEDULE D: Storm Utility Improvements ITEM NO. ITEM DESCRIPTION ESTIMATE QUANTITY TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. QTY 78 Minor Changes 1 16.364288 7.696354 Eq. Adj. 5,000.00 $ 81,821.44 $ 38,481.77 1636% 79 Utility Potholing 18 16 0 EA 350.00 $ 5,600.00 $ - 89% 80 Clearing and Grubbing 1 1 1 LS 1,200.00 $ 1,200.00 $ 1,200.00 100% 81 Unsuitable Foundation Excavation 262 431.87 o CY 40.00 $ 17,274.80 $ - 165 °T 82 Construction Geotextile for Soil Stabilization 194 0 0 SY 8.00 $ - $ - o% Solid Wall Polyvinyl Chloride (PVC) Storm 83 Pipe, SDR -35, 12 inch Diam. 40 40 0 LF 46.00 $ 1,840.00 $ - 100% Solid Wall Polyvinyl Chloride (PVC) Storm 84 Pipe, SDR -21, 12 inch Diam. 45 45 o LF 55.00 $ 2,475.00 $ - 100% Solid Wall Polyvinyl Chloride (PVC) Storm 85 Pipe, SDR- 26(PS115), 18 inch Diam. 27 24 0 LF 88.00 $ 2,112.00 $ - 89% Solid Wall Polyvinyl Chloride (PVC) Storm 86 Pipe, SDR- 26(PS115), 36 inch Diam. 1384 1358 0 LF 150.00 S 203,700.00 $ - 98% Ductilie Iron Storm Pipe, Special Class 52, 48" 87 Dia. 39 39 0 LF 425.00 $ 16,575.00 $ - 100% 88 Storm Sewer Television Inspection 1554 1358 0 LF 3.00 S 4,074.00 $ - 87% 89 Catch Basin Type 1 2 2 0 EA 1,045.00 $ 2,090.00 $ - 100% 90 Catch Basin Type 2, 48 -inch Diam. 1 0 0 EA 1,489.00 S - $ - o% 91 Catch Basin Type 2, 72 -inch Diam. 7 6 0 EA 4,490.00 5 25,940.00 $ - 86% 92 Catch Basin Type 2, 84 -inch Diam. 1 1 0 EA 5,528.00 $ 5,528.00 $ - 100% 93 Manhole Ring and Solid Cover 5 2 o EA 340.00 $ 680.00 $ - 40% 94 Adjust Catch Basin 1 1 0 EA 205.00 $ 205.00 $ 100% 95 Debris Barrier 1 0 o EA 1,335.00 $ - $ - o% 96 Connect to Existing Catch Basin 1 3 0 EA 400.00 $ 1,200.00 $ - 300% 97 Shoring and Extra Excavation Class B 8539 13873 0 SF 0.15 $ 2,080.95 $ - 162% 98 Pipe Foundation Material 621 0 0 TON 22.00 $ - $ - _ 0 °h 99 Imported Pipe Bedding 2443 1355.12 0 TON 21.00 $ 28,457.52 $ - 55% 100 Select Pipe Trench Backfill 52 29.17 0 TON 21.00 $ 612.57 $ - 56% 101 Imported Pipe Trench Backfill 406 2549.96 0 TON 22.00 $ 56,099.12 $ - 628% 102 Controlled Density FiII (CDF) for Trench 3 0 0 CY 190.00 $ - s - 0% 103 Controlled Density Fill (CDF) for Filling Pipe 87 71 0 CY 117.00 $ 8,307.00 S - 82% 104 Quarry Spalls 1368 901.22 0 TON 32.00 $ 28,839.04 $ - - 66% 105 Dewatering System 281 1258r 0 LF 1.00 $ 1,258.00 S - 448% 106 Hand Placed Riprap 3 1.5 0 CY 100.00 $ 150.00 S - 50% CO -1 BI #81 Increase Quantity Unsuitable 197 0 0 CY $ - $ - 0% CO -1 BI #104 Increase Quantity -Quarry Spalls 1249 0 0 TON $ - $ - 0% CO -1 -1 Foundation Fabric Wrap 1459 1039 0 LF 21.94 $ 22,795.66 $ - 71% h: \prollpe \CP1207 PE.xls CA.G Period Dates Begin: May 21, 2014 End: June 9, 2014 5 of 8 SCHEDULE TOTAL $ 39,681.77 Page 35 of 152 1/8/2015 at 4:31 PM CITY OF AUBURN CP1207 PAY ESTIMATE #10 & FINAL MATERIALS ON HAND D Street Utility Improvements SCHEDULE D: Storm Utility Improvements ITEM NO. TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST 86 Solid Wall Polyvinyl Chloride (PVC) Storm Pipe, SDR -26 (PS115), 36 inch Diam. 638.00 LF $ 103.25 $ 65,873.50 Material on Hand LF $ - $ - Material Used (612.00) LF $ 103.25 $ (63,189.00) Unused MOH 26.00 (26.00) 1 $ 103.25 $ (2,684.50) Material on Hand - LF $ - $ - Material Used - LF $ - $ - Unused MOH - $ - $ - Period Dates Begin: May 21, 2014 End: June 9, 2014 CA.G 6 of 8 SCHEDULE TOTAL $ (2,684.50) Page 36 of 152 CO. NO. 13-10 CITY OF AUBURN CP1207, D Street Utilities Improvements D Street Utility Improvements PROJECT SUMMARY CO. NO. 13 -10 SCHEDULE A: Street Improvements Contract Sales Tax ( +9.5 %) Retainage ( -5 %) Correction to PE#6 Correction to PE#6 Sales Tax Correction to PE#6 Retainage SCHEDULE TOTAL SCHEDULE B: Sanitary Sewer Utility Improvments Contract Materials onHand Sales Tax ( +9.5 %) Retainage ( -5 %) SCHEDULE TOTAL SCHEDULE C: Water Utility Improvements Contract Sales Tax ( +9.5 %) Retainage ( -5 %) SCHEDULE TOTAL SCHEDULE D: Storm Utility Improvements Contract Materials on Hand Sales Tax ( +9.5 %) Retainage ( -5 %) SCHEDULE TOTAL PAY ESTIMATE #10 & FINAL Original Contract Amount $ 426,825.80 $ $ 40,548.45 $ $ 467,374.25 $ $ 257,693.85 $ $ 24,480.92 $ $ 282,174.77 $ $ 134,630.85 $ $ 12,789.93 $ $ 147,420.78 $ $ 387,764.85 $ $ 36,837.66 $ $ 424,602.51 $ TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax) TOTAL PAYMENT TO CONTRACTOR PAYMENT DUE CONTRACTOR: h: \proApe \CP1207 PExls CA.G Total Payment $ 388,805.95 $ $ 36,936.57 $ $ (19,440.30) $ $ $ - $ $ 406,302.22 $ 449,350.00 $ - $ 42,688.25 $ (22,467.50) $ 469,570.75 $ $ ' 110,573.63 $ $ 10,504.49 $ $ (5,528.68) $ $ 115,549.44 $ 521,915.10 $ - $ 49,581.93 $ (26,095.76) $ 545,401.27 $ $ 1,610,355.91 $ 1,536,823.67 $ 146,844.15 $ 13,950.19 $ 160,794.34 $ 64,21524 $ 6,100.45 $ 70,31 5.69 $ Begin: May 21, 2014 End: June 9, 2014 7 of 8 This Period 21,752.47 2,066.48 (1,087.62) 548.19 52.08 (27.41) 23,304.19 1,407.84 (2,357.65) 133.74 (70.39) (886.46) 6,873.00 652.94 (343.65) 7,18229 39,681.77 (2,684.50) 3,769.77 (1,984.09) 38,782.95 68,382.97 68,382.97 Page 37 of 152 Percent/Contract 91% 82% 115% 104% 1/9/2015 at 12:03 PM CITY OF AUBURN CO. NO. 13 -10 CP1207 PAY ESTIMATE # 10 & FINAL CONTRACTOR: Jennings Northwest, LLC 1105 140th Ave Court East Sumner, WA 98390 Phone: (206) 288 -1234 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 = $ 68,382.97 Signatures: Contractor ;t- Date iV 1, Z L (S— Inspector .rt-t )---J l/ . # `—� Date % / % // 5 Project Manager -_ \ _ Date City Engineer Date h:\proj \pe \CP1207 PE.xls CA.G 8 of 8 1/8/2015 at d 31 PM Page 38 of 152 1 NE NORTHERN NW z 0 o z 42nd ST NE B PL NW w z H 37th 35th 40th ST NE W z ST NE PROJECT LOCATION RIVER MHP N AMU CA. GWASHINGTON D ST UTILITIES IMPROVEMENTS PROJECT VICINITY MAP JANUARY 2013 NOT TO SCALE Page 39 ��:"� 0'' CA.H AuBuRN rrY, r WASH I NG` o Agenda Subject: Public Works Project No. CP1320 Department: CD & PW AGENDA BILL APPROVAL FORM Attachments: Budget Status Sheet CP1320 Bid Tab Vidnity Map Administrative Recommendation: Date: January 12, 2015 Budget Impact: $47.001.00 City Council award Contract No. 14 -11, to SCI Infrastructure, LLC on their low bid of $1,578,823.00 plus Washington State sales tax of $149,988.19 for a total contract price of $1,728,811.19 for Project No. CP1320, Maintenance and Operations Storm Drainage Improvement project. Background Summary: The City received 8 responsive bids and the low bid was approximately 0.2% below the engineer's estimate. Staff has performed reference checks and other verifications to determine that SCI Infrastructure, LLC meets the responsible bidding criteria and recommends award. The Maintenance and Operations (M &O) Storm Drainage Improvement project is necessary to address compliance issues related to storm drainage runoff from the City's M &O Facility and is a grant funded project. The project consists of the following improvements at the City's M &O facility located at 1305 C Street SW: • Abandon the existing onsite storm pond and construct new larger storm facilities onsite. • Reconfigure the existing onsite storm drainage system to route into the new storm facilities. • Modify the existing decant facility bays for improved performance. • Construct a new decant facility to allow more material to be decanted. • Pave the driving areas that are currently gravel. Construction of this project is anticipated to start in February 2015 and be complete by late August 2015. AUBURN * MORE THAN YOU IMAGINED Page 40 of 152 CA.H A budget adjustment of $47,001.00 from the 550 (Equipment Rental Fund) will be necessary to fund the project. These funds will be allocated from the existing fund balance. All other funds are within their respective budgets. Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 Staff: Snyder Item Number: CA.H AUBURN * MORE THAN YOU IMAGINED Page 41 of 152 BUDGET STATUS SHEET Project No: CP1320 Project Title: Maintenance & Operations Storm Drainage Improvements Project Manager: Seth Wickstrom Initiation Date: Februrary 18, 2014 Advertisement Date: December 17, 2014 Award Date: Q Project Initiation / Grant Acceptance Q Permision to Advertise Q Contract Award Q Change Order Approval O Contract Final Acceptance Date: Janurary 9, 2015 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available Funding Prior Years 2014 2015 Future Years Total 430 Water Fund - M &O Facility Expansion 3,698 220,000 3,000 0 220,000 430 Water Fund - CP1103 Remaining Budget* 15,943 414,854 41,870 0 41,870 431 Sewer Fund - M &O Facility Expansion 0 200,000 1,728,811 0 200,000 431 Sewer Fund - 2015 R &R Program ** 0 0 34,305 0 34,305 432 Storm Fund - 2013 R &R Program*** 19,641 50,000 19,641 432 Storm Fund - Vactor Decant Facility 270,000 40,000 270,000 432 Storm Fund - M &O Facility Expansion 19,641 200,000 1,921,811 0 200,000 432 Storm Fund - 2014 Street Utility Improv.**** 95,089 95,089 432 Storm Fund - Dept. of Ecology Grant 999,400 999,400 550 Equipment Rental - M &O Facility Expansion 270,000 270,000 Total 19,641 1,889,400 171,264 0 2,350,305 * This is a portion of the remaining funds budgeted for project CP1103, 132nd Ave SE Tacoma Pipeline 5 Intertie. ** This is a portion of the 2015 Sewer Repair & Replacement Program budget. *** This is a portion of the 2013 Storm Repair & Replacement Program budget. *"*" This is a portion of the 2014 Street Utility Improvement budget. Estimated Cost (Funds Needed Activity Prior Years 2014 2015 Future Years Total Design Engineering - City Costs 3,698 41,000 3,000 0 47,698 Design Engineering - Consultant Costs 15,943 414,854 240,217 0 430,797 Construction Contract Bid 0 (198,347) 1,728,811 0 1,728,811 Authorized Contingency 0 0 100,000 0 100,000 Construction Engineering - City Costs 50,000 50,000 Construction Engineering - Consultant Costs 40,000 40,000 Total 19,641 455,854 1,921,811 0 2,397,306 430 Water Budget Status 431 Sewer Budget Status Prior Years 2014 2015 Future Years Total **** *430 Funds Budgeted () 0 (220,000) (41,870) 0 (261,870) 430 Funds Needed 0 21,653 240,217 0 261,870 **** *430 Fund Project Contingency () 0 (198,347) 0 0 0 430 Funds Required 0 0 198,347 0 0 431 Sewer Budget Status 432 Storm Budget Status Prior Years 2014 2015 Future Years Total **** *431 Funds Budgeted () 0 (200,000) (34,305) 0 (234,305) 431 Funds Needed 0 19,374 214,931 0 234,305 * *** *431 Fund Project Contingency () 0 (180,626) 0 0 0 431 Funds Required 0 0 180,626 0 0 432 Storm Budget Status 550 Equipment Rental Budget Status Prior Years 2014 2015 Future Years Total **** *432 Funds Budgeted () (19,641) (1,469,400) (95,089) 0 (1,584,130) 432 Funds Needed 19,641 388,616 1,175,873 0 1,584,130 **** *432 Fund Project Contingency () 0 (1,080,784) 0 0 0 432 Funds Required 0 0 1,080,785 0 0 550 Equipment Rental Budget Status * * * ** ( #) in the Budget Status Sections indicates Money the City has available. '1S5uWrri12 \building \PROJ \CP1320 -M & 0 Storm Improvements \4.00 City Council- Committee \Award (1- 20 -15) \Backup (Not Part of Agenda Bill) \BSS.xls Page 4 ?O0 152 Prior Years 2014 2015 Future Years Total **** *550 Funds Budgeted () 0 0 (270,000) 0 (270,000) 550 Funds Needed 0 26,212 290,789 0 317,001 **** *550 Fund Project Contingency () 0 0 0 0 0 550 Funds Required 0 26,212 20,789 0 47,001 * * * ** ( #) in the Budget Status Sections indicates Money the City has available. '1S5uWrri12 \building \PROJ \CP1320 -M & 0 Storm Improvements \4.00 City Council- Committee \Award (1- 20 -15) \Backup (Not Part of Agenda Bill) \BSS.xls Page 4 ?O0 152 Project Name: Prepared by: Bid Date: BID TABULATION BID TOTALS SUMMARY CP1320, M&O Storm Drainage Improvement Project, Contract 14 -11 City of Aubum 1/8/15 ENGINEER'S ESTIMATE: $ 1,582,361.75 AVERAGE BASIC BID AMOUNT: $ 1,724,394.67 BASIC BID SPREAD AMOUNT: $ 483,724.96 Basic BID Amount Spread $ LOW BIDDER: Second Bidder. SCI Infrastructure McClure and Sons $ 1,578,823.00 $ 1,593,683.75 43,538.75 $11,322.00 Spread % - 0.22% 0.72% Basic BID (Tax not Included) SCI Infrastructure McClure and Sons Northwest Cascade Scotty's General Construction Hoffman Construction Tapani, Inc Ceccanti, Inc Pacific Coast General- 1/9/2015 (8:14 AM) h: \prof \bidtabs \CP1320 BT.xls $ 1,578,823.00 $ 1,593,683.75 $ 1,620,084.54 $ 1,639,337.45 $ 1,652,845.00 $ 1,685,780.50 $ 1,962,055.12 $ 2,062,547.96 Total BID (Tax Included) $ 1,728,811.19 $ 1,745,083.71 $ 1,773,992.57 $ 1,795,074.51 $ 1,809,865.28 $ 1,845,929.65 $ 2,148,450.36 $ 2,258,490.02 CA.H Page 43 of 152 60ft 1 -inch = 120 -feet 120ft • • Segale Properties SuperValue 701 15th St SW Location 1 of 1 Existing Storm Outfalll 1 L 1 1 1 1 1 1 1 • • Location of New Storm Outfall • • • • • Marmon Keystone Corp • • • ,. \ \% .• \\ • • New Storm Facility New Storm Facility Existing Decant Facility y/\\%/\\%/Q�Q%/� Abandon. `Existing Storm";r on& New_;f, Decant:: ° Faclity`' Expansion • • • • • • StC fl Facility 1 Auburn Maintenance ; and Operations 1305 C St SW Auburn School District (Bus Barn) Auburn Park Maintenance • • • • 1 1 1 1 1 1 5 / 5 / t 1 1 1 1 5 5 1 1 1 1 1 1 1 • 1 • • • • 1 • • • • • 5 GSA Park a 44 of .R • • • • C STREET SW 400 Ito' ws15th''StSW:;" AuBuRN ITY CAF � \VASH E NGTo Agenda Subject: Ordinance No. 6548 (Second Reading) Department: Administration AGENDA BILL APPROVAL FORM Attachments: Ordinance No. 6548 Administrative Recommendation: City Council adopt Ordinance No. 6458. Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 Date: January 7, 2015 Budget Impact: $0 Staff: Faber Item Number: ORD.A ORD.A AUBURN * MORE THAN YOU IMAGINED Page 45 of 152 ORDINANCE NO. 6 5 4 S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING CHAPTER 2.96 OF THE AUBURN CITY CODE RELATING TO THE AUBURN INTERNATIONAL FARMERS MARKET ADVISORY BOARD WHEREAS, the City of Auburn established its Farmers Market - identified as the Auburn International Farmers Market; and WHEREAS, for the last six years, this Farmers Market has operated very successfully in the City of Auburn and has grown and developed into a valuable summer /seasonal weekend event for the City of Auburn and its residents; and WHEREAS, in establishing and setting up the Farmers Market, the Auburn International Farmers Market Advisory Board, the advisory board provided an invaluable service; and WHEREAS, now that the Farmers Market is operating successfully, there is no longer a need for the Auburn International Farmers Market Advisory Board to provide those functions; and WHEREAS, while there is still value in having volunteers work at the market, the administrative tasks of operating it are able to be handled by the Mayor and by the Director of Parks, Arts and Recreation and their staff; and, WHEREAS, it is therefore appropriate to amend the City Code to repeal Chapter 2.96 of the City Code providing for the Auburn International Farmers Market Advisory Board. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Ordinance No. 6548 December 10, 2014 Gike99\1 of 4 Page 46 of 152 Section 1. Repeal of Auburn City Code Chapter. That Chapter 2.96 of the Auburn City Code, relating to the Auburn International Farmers Market Advisory Board, be, and the same hereby is, repealed. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. JAN - 5 2015 FIRST READING: SECOND READING: PASSED: APPROVED: ATTEST: NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk APPR' V ;ED AS TO FORM: Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. 6548 December 10, 2014 OR@tk2 of 4 Page 47 of 152 DELETED CITY CODE TEXT Chapter 2.96 AUBURN INTERNATIONAL FARMERS MARKET ADVISORY BOARD Sections: 2.96.010 Auburn international farmers market advisory board created. 2.96.020 Membership. 2.96.030 Appointment. 2.96.040 Terms and vacancies. 2.96.050 Officers — Meetings.. 2.96.060 Role of the advisory board. 2.96.070 Compensation. 2.96.080 Annual reports of progress. 2.96.010 Auburn international farmers market advisory board created. There is created an advisory board to be known as "the Auburn international farmers market advisory board of the city of Auburn." (Ord. 6229 § 1, 2009.) 2.96.020 Membership. There shall be seven members of the Auburn international farmers market advisory board who shall be appointed by the Auburn mayor and confirmed by the Auburn city council, and who shall serve at the pleasure of the city council. There shall be one member from the city of Algona, five members from the city of Auburn, and one member from the city of Pacific. A majority of the Auburn members shall be residents or business owners within the city. At the time of their appointment, the Algona and Pacific members shall be residents or business owners within their respective cities. The mayor and council may also appoint as council liaison to the board a member of the city council to serve as an ex officio nonvoting member of the advisory board. (Ord. 6229 § 1, 2009.) 2.96.030 Appointment. The members of the Auburn international farmers market advisory board shall be appointed from among members of the public, as specified in ACC 2.96.020, to include, to the extent reasonably possible, representation from people involved with or interested in the various and diverse farming, craft, and other market- related vending activities of the community. (Ord. 6229 § 1, 2009.) 2.96.040 Terms and vacancies. Subject to the provisions of ACC 2.96.020 and the pleasure of the city council, members of the Auburn international farmers market advisory board shall serve for a term of three years or until appointment of a successor member, whichever is later, unless otherwise replaced. It is provided, however, that for the initial appointment, three members shall be initially appointed for three -year terms, or until appointment of a successor member, whichever is later, unless otherwise replaced; two members shall be initially appointed for two -year terms, or until appointment of a successor member, Ordinance No. 6548 December 10, 2014 CREW of 4 Page 48 of 152 whichever is later, unless otherwise replaced; and two members shall be initially appointed for one -year terms, or until appointment of a'successor member, whichever is later, unless otherwise replaced. In case of any vacancies on the advisory board, vacancies shall be filled consistent with the procedures set forth in ACC 2.96.020 for the unexpired terms for which such vacancies are filled. Members shall be subject to removal in accordance with the provisions of Chapter 2.30 ACC as it currently exists or as it may be hereafter amended. (Ord. 6229 § 1, 2009.) 2.96.050 Officers — Meetings. A: At its first meeting of each year, the advisory board members shall elect a chairperson and a vice chairperson from among the members of the advisory board. The advisory board shall meet as needed to perform the duties of the advisory board and to fulfill the role of being an advisory body to the city council. B. It shall be the duty of the chairperson to preside over all meetings of the advisory board. The vice chairperson shall preside at all meetings where the chairperson is absent. Minutes shall be kept and meeting agendas prepared in coordination between members of the board and staff members. A majority of the members of the board shall constitute a quorum for the transaction of business, and a majority vote of those, present shall be necessary to carry any recommended action. (Ord. 6229 § 1, 2009.) 2.96.060 Role of the advisory board. The Auburn international farmers market advisory board is created to assist the city council in advising the city council in connection with farmers market- related issues and activities as may be referred to the advisory board by the city council which may include: A. Facilitate cooperation and coordination with farmers, food and craft vendors regarding farmers market - related issues, and recommend an appropriate mix of vendors for the farmers market. B. Recommend to the city council programs to enhance awareness of, and interest in, the farmers market of the city, which may be in cooperation with any appropriate private, civic or public agency of the city, county, state or of the federal government. C. Recommend ways and means of obtaining private, local, county, state o_ r federal funds for the promotion of the farmers market. (Ord. 6229 § 1, 2009.) 2.96.070 Compensation. The members of the Auburn international farmers market advisory board shall serve without compensation. (Ord. 6229 § 1, 2009.) 2.96.080 Annual reports of progress. The Auburn international farmers market advisory board shall annually provide to the city council a report on progress made in carrying out the board's responsibilities. Additional reports may be submitted when deemed appropriate by the board or when requested by the city council. (Ord. 6229 § 1, 2009.) Ordinance No. 6548 December 10, 2014 Of{grim4 of 4 Page 49 of 152 AuBuRN ITY CAF � \VASH E NGTo Agenda Subject: Ordinance No. 6549 (Second Reading) Department: Finance AGENDA BILL APPROVAL FORM Attachments: Ordinance No. 6549 Administrative Recommendation: City Council adopt Ordinance No. 6549. Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 ORD.B Date: January 7, 2015 Budget Impact: $0 Staff: Hursh Item Number: ORD.B AUBURN * MORE THAN YOU IMAGINED Page 50 of 152 ORDINANCE NO. 6 5 4 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION" 2.3 6.030 OF THE CITY CODE RELATING TO THE APPOINTMENTS TO THE CITY OF AUBURN HUMAN SERVICES COMMITTEE WHEREAS, the City of Auburn has a Human Services Committee established to assist elected officials in identifying local social needs and recommending priorities to meet those needs; and WHEREAS, the current provisions of the City Code dealing with the Human Services Committee, located in Chapter 2.36 of the City Code, provide for an 11 member committee; and WHEREAS, notwithstanding the tremendous and valuable contributions of this Committee, the current membership is not up to its number provided in the City Code; and WHEREAS, based upon the operations and utility of this Committee, it is felt that the committee could operate very successfully in value only for the community with a membership fewer than 11; and WHEREAS, it is appropriate to reduce the number of members of the committee to a more workable size of seven members. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. Amendment to City Code. That Section 2.36.030 of the City Code be, and the same hereby is, amended to read as follows: 2.36.030 Appointment — Terms. There shall be 1-1-- seven (7) persons appointed to the City Human Services Committee and said persons shall serve for staggered terms of five years; provided, that the term of office for any committee members appointed or Ordinance No. XXXX December 10, 2014 ORDER 1 of 2 Page 51 of 152 reappointed after December 1, 2004, shall be three years from the date of appointment or reappointment. (Ord. 5879 § 2, 2004; Ord. 4672 § 1, 1994; Ord. 4488 § 1, 1991; Ord. 3009 § 4, 1975.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. FIRST READING: JAN - 5 2015 SECOND READING: PASSED: APPROVED: ATTEST: NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Dark'- B ei .,_,City Attorn PUBLISHED: Ordinance No. XXXX December 10, 2014 ORM2 of 2 Page 52 of 152 C=ITY or AUBURN WASH I NCTO AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6552 (First Reading) January 6, 2015 Department: Attachments: Budget Impact: Community Development & Ord6552 $0 Public Works Exhibit 2 -Plat Map Exhibit 3 - Cert. of Improvements Exhibit 4 - H E Decision Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6552. Background Summary: Stephannie Karlsson, representing Henley USA, has made application for the Final Plat of "Mountain View South" (originally known as "Stipps Meadow "); located at the southeast corner of the intersection of 56th Ave. S. and S.328th St., in the "West Hill" area of the City. This Final Plat subdivides the 4.47 -acre site (King County Tax Parcel No. 9262800325) into 18 single - family residential lots, one tract dedicated to the City of Auburn for stormwater purposes, two tracts for private access and utilities, and dedication of public right -of -way; see Exhibit 2. The preliminary plat was approved by the City of Auburn Hearing Examiner on April 11, 2011 (PLT10 -0007) with 13 conditions; see Exhibit 4. The plat has been developed in accordance with the R -5 Residential zoning district as defined by Chapter 18.07 ACC (Residential Zones), Title 17 ACC (Land Adjustments and Division), Chapters 58.17 and 35A.58 RCW, and the 13 conditions of the preliminary plat. A Certificate of Improvements has been issued by the City Engineer, accepting completion of all required plat improvements; except the following items which the Developer has bonded for (see Exhibit 3): 1. Top lift of asphalt; 2. Raising utilities to grade; 3. Survey monuments installation; and, 4. Striping / channelization. ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 53 of 152 The various divisions of the Community Development and Public Works Department have reviewed the Final Plat Map of Mountain View South and find that all requirements have been met. Reviewed by Council Committees: Other: Fire, Legal, Planning, Building & Surveying Councilmember: Meeting Date: January 20, 2015 ORD.0 Staff: Snyder Item Number: ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 54 of 152 ORDINANCE NO. 6 5 5 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF MOUNTAIN VIEW SOUTH WHEREAS, the City of Auburn received a final plat application for the Plat of Mountain View South, Application No. PLT14 -0008, the final approval of which is appropriate for City Council Action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Henley, USA, LLC has made application for the Final Plat of "Mountain View South ". 2. The Preliminary Plat of "Mountain View South" (PLT10 -0007) [originally known as "Stipps Meadow "] was approved by the City's Hearing Examiner on April 11, 2011, as a single phase. 3. The Plat of "Mountain View South" has been developed in accordance with all applicable conditions of the Preliminary Plat. 4. A Certificate of Improvements has been issued by the City Engineer. The applicant has provided a security in lieu of completion for the outstanding improvements which includes the top lift of asphalt, monument installation, raising utilities to grade, and striping / channelization. 5. The final plat includes one publicly dedicated tract, Tract A, for the storm drainage facility. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. 2. The Final Plat of "Mountain View South" is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. Ordinance No. 6552 January 12, 2015 ORD.%ge 1 of 3 Page 55 of 152 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Mountain View South, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of 4 of the Final Plat and set forth below: TRACT 59, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON. [King County Tax Parcel No. 9262800325] is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor's Division. Ordinance No. 6552 January 12, 2015 ORD.bge 2 of 3 Page 56 of 152 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. FIRST READING: SECOND READING: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP FORM: Daniel B. el.; City Attorney Published: Ordinance No. 6552 January 12, 2015 ORD.tage 3 of 3 Page 57 of 152 Exhibit 2 MOUNTAIN VIEW SOUTH A PORTION OF THE NORTHEAST QUARTER OF THE. SOUTHWEST QUARTER, SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON LEGAL DESCRIPTION TRACT 59, WEST AUBURN FIVE ACRE TRACTS. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON.. DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER, ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACES. UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBUC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER. THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS SUCCESSORS AND /OR ASSIGNS AND ANY PERSON OR ENTITY DERIVING PRE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND /OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF AUBURN. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS SUCCESSORS 090 /09 ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF AUBURN. ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAMAGE, INCLUDING THE COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB- SURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABUSHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF AUBURN, ITS SUCCESSORS OR ASSIGNS, FROM LIABIUTY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF AUBURN, ITS SUCCESSORS OR ASSIGNS. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH ME FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. HENLEY USA LLC, SUMITOMO FORESTRY AMERICA, INC., A WASHINGTON LIMITED LIABILITY COMPANY A WASHINGTON CORPORATION BY: ITS: ACKNOWLEDGMENTS 8Y: ITS: STATE OF WASHINGTON ) SS COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT ON OATH STATED THAT _ WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF HENLEY USA 110, A WASHINGTON LIMITED LIABILITY COMPANY TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT PRINTED NAME COMMISSION EXPIRES STATE OF WASHINGTON ) SS COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT ON OATH STATED THAT __ WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF SUMITOMO FORESTRY AMERICA, INC., A WASHINGTON CORPORATION TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT PRINTED NAME COMMISSION EXPIRES APPROVALS VOL. /PAGE FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS FOR WHICH THE PROPERTY SUBJECT TO THIS SUBDIVISION MAY BE LIABLE TO THE CITY, AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE HAVE BEEN DULY. PAID, SATISFIED OR DISCHARGED, THIS__DAY OF AUBURN DIRECTOR OF FINANCE CITY ENGINEERS CERTIFICATE I HEREBY CERTIFY THAT THIS FINAL PLAT IS IN COMPLIANCE WITH THE. CERTIFICATE OF IMPROVEMENTS ISSUED PURSUANT TO ACC 17.14.015, AND I5 CONSISTENT WITH ALL APPLICABLE CITY. IMPROVEMENT. STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL, THIS DAY OF 20_. AUBURN CITY ENGINEER COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR'S CERTIFICATE I HEREBY CERTIFY ON THIS __ DAY OF 20 THAT THIS FINAL PLAT IS IN SUBSTANTIAL CONFORMANCE WITH THE PRELIMINARY PLAT AND ANY CONDITIONS ATTACHED THERETO, WHICH PRELIMINARY PLAT WAS APPROVED BY THE HEARING EXAMINER ON THE 11111 DAY OF APRIL, 2011. AUBURN ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT APPROVAL EXAMINED AND APPROVED THIS __ DAY OF , 20 PURSUANT TO ORDINANCE NUMBER ADOPTED BY THE AUBURN COUNCIL ON THE DAY OF 20 ATTEST: MAYOR AUBURN CITY CLERK FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION, AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL THIS _ DAY OF 20 . MANAGER DEPUTY ASSESSOR'S APPROVAL EXAMINED AND APPROVED THIS _ DAY OF 20._ KING COUNTY ASSESSOR DEPUTY COUNTY ASSESSOR KING COUNTY PARCEL NO. 9262800325 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF MOUNTAIN VIEW SOUTH IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., AS REQUIRED BY STATE STATUTES; THAT THE DISTANCES, COURSES AND GLES ARE SHOWN THEREON CORRECTLY; THAT THE MONUMENTS SHALL BE SET AND LOT A J BLOCK CORNER. SHALL BE STAKED CORRECTLY ON THE GROUND, AND THAT I' HAVE FULLY COMPLIE� .. THE PRO 10 OF THE STATE AND LOCAL STATUTES AND REGULATIONS GOVERNING PLATTING. „ STEPHEN J. HREI, PROFESSIONAL LAND SURVEYOR. DATE CERTIFICATE NO. 37555 D.R. STRONG CONSULTING ENGINEERS 620 TM AVE KIRKLAND, WASHINGTON 98033 PHONE: (425) 827 -3063 RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF HENLEY USA LLC, THIS DAY OF 20_, AT MINUTES PAST M. AND RECORDED IN VOLUME OF PLATS, PAGE(S) AFN RECORDS OF KING COUNTY,' WASHINGTON. MANAGER SUPERINTENDENT OF RECORDS D.R. STRONG CONSULTING ENGINEERS ENGINEERS PLANNERS SURVEYORS 820 - 781 AVENUE KIRKLAND, WA 08033 0425.8273053 F425.8272423 ORD.0 P4VTI §-11 152 CITY OF AUBURN FILE NO. PLT -14 -0008 S ET 1 MOUNTAIN VIEW SOUTH A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON HOMEOWNERS ASSOCIATION COVENANT NOTES /RESTRICTIONS THIS SUBDIVISION 2 SUBJECT TO THE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE MOUNTAIN VIEW HOMEOWNERS 1. NO DIRECT LOT ACCESS SHALL BE ALLOWED TO 56TH AVENUE SOUTH, 58TH AVENUE SOUTH AND SOUTH 328TH STREET, ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER RECORDS OF KING COUNTY, EXCEPT FOR LOTS 1, 2 AND 3. WASHINGTON. SAID HOMEOWNERS ASSOCIATION SHALL OWN AND MAINTAIN THE EASEMENTS AS INDICATED AND CONVEYED HEREIN, UNLESS OTHERWISE APPROVED BY THE CITY OF AUBURN OR ITS SUCCESSOR AGENCY. THIS COVENANT SHALL RUN 2. THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING T THE APPROVED PLAN AND PROFILE, WM THE LAND AND SHALL BE BINDING UPON THE OWNERS OF LOTS 1 THROUGH 16, INCLUSIVE OF THIS PLAT, THEIR HEIRS, PLAN NO. FAC07 -0004 ON FILE WITH THE CITY OF AUBURN. ANY DEVIATION FROM THE APPROVED PLAN WILL REQUIRE SUCCESSORS AND /OR ASSIGNS. SHOULD THE MOUNTAIN VIEW HOMEOWNERS ASSOCIATION BE DISSOLVED OR OTHERWISE CEASE WRITTEN APPROVAL FROM THE CITY. TO FUNCTION, OWNERSHIP OF LOTS 1 THROUGH 18, INCLUSIVE OF THIS PLAT, WILL INCLUDE AN EQUAL AND UNDIVIDED INTEREST IN THE EASEMENTS HEREIN GRANTED, TOGETHER WITH AN EQUAL RESPONSIBILITY FOR THE MAINTENANCE 3. PRIOR TO BUILDING CONSTRUCTION ON ALL LOTS, TEMPORARY EROSION AND SEDIMENTATION CONTROL MEASURES, PER THE RESPONSIBILITIES FOR ANY FACILITY THEREIN. CONSTRUCTION STORM WATER POLLUTION PREVENTION PLAN (CSWPPP) WILL BE CONSTRUCTED AND MAINTAINED THROUGH FINAL LOT STABILIZATION. PRIOR TO FINAL BUILDING INSPECTION FOR THE STRUCTURE(S) ON ALL LOTS, ROOF DOWNSPOUTS, FOOTING DRAINS, AND ALL LANDSCAPED AREAS NOT DESIGNATED FOR SHEET FLOW TO THE ADJACENT SENSITIVE AREAS, OR ALLOWED TO BE TREATED ONSITE, SHALL BE TGHTLINED TO THE PUBLIC ROADWAY DRAINAGE SYSTEM AND SHALL BE INSPECTED BY CITY OF AUBURN FOR COMPLIANCE WITH THE CSWPPP PRIOR TO FINAL APPROVAL. VOL. /PAGE PUBLIC EASEMENT PROVISIONS 1. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, CENTURY LINK, COMCAST AND /OR ANY OTHER PRIVATE UTILITY, AND. THEIR RESPECTIVE. SUCCESSORS AND /OR ASSIGNS, UNDER AND UPON TRACT B, TRACT C, THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL WITH AND ADJOINING TRACT B AND TRACT C, AS SHOWN HEREON AND THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL W1TH AND ADJOINING THE EXISTING OR PROPOSED PUBLIC RIGHT -OF -WAY, AS SHOWN HEREON IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSTEMS WITH NECESSARY FACIUTIES, SIDEWALKS AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY W1TH UTILITY SERVICES AND SIDEWALKS, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION. FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED OR BE PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING CITY OF AUBURN PUBLIC EASEMENT PROVISION ALL PUBLIC SANITARY SEWER AND STORM DRAINAGE EASEMENTS AS SHOWN ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF KING AND PIERCE COUNTIES, WASHINGTON, ITS SUCCESSORS AND /OR ASSIGNS. A PERPETUAL NONEXCLUSIVE EASEMENT UNDER, OVER, THROUGH AND ACROSS THE REAL PROPERTY AS DESCRIBED HEREIN FOR THE PURPOSE OF LAYING. MAINTAINING, INSTALLING, AND CONVEYING SANITARY SEWER, AND APPURTENANCES THEREOF, AND LAYING. MAINTAINING INSTALLING, CONVEYING, STORING, MANAGING, AND FACILITATING STORM AND SURFACE WATER, PER THE ENGINEERING PLANS APPROVED BY THE CITY OF AUBURN FOR THIS PLAT, TOGETHER WITH THE ABSOLUTE RIGHT, AT ALL TIMES AS NECESSARY FOR IMMEDIATE ACCESS (INGRESS AND EGRESS), TO ENTER SAID EASEMENT FOR THE PURPOSE OF INSPECTING, OPERATING, MAINTAINING, REPAIRING, RECONSTRUCTING. AND IMPROVING THE WATER, SANITARY SEWER AND STORM DRAINAGE FACIUTIES CONTAINED THEREIN WITHOUT INCURRING ANY LEGAL OBLIGATION OR LIABILITY THEREFORE. THE CITY OF AUBURN SHALL HAVE THE ABSOLUTE RIGHT TO PLACE ANY TYPE OF DRIVING. SURFACE WITHIN SAID EASEMENT AREA DEEMED NECESSARY BY THE CITY OF AUBURN. THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT IN ANY WAY BLOCK, RESTRICT OR IMPEDE ACCESS AND EGRESS TO OR FROM SAID EASEMENT AREA, AND /OR IN ANY WAY BLOCK, RESTRICT OR IMPEDE FULL. USE OF THE REAL PROPERTY WITHIN THE ABOVE DESCRIBED EASEMENT AREA BY THE CITY OF AUBURN FOR THE ABOVE DESCRIBED PURPOSES. NO BUILDING, WALL, ROCKERY, FENCE, TREES, OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA, WITHOUT THE EXPRESS WRITTEN CONSENT OF THE CITY OF AUBURN. WITH CITY OF AUBURN PERMISSION, THE OWNERS OF SAID PRIVATE PROPERTY MAY FENCE ACROSS SAID EASEMENT AREA AND /OR ALONG THE BOUNDARIES OF SAID EASEMENT AREA, PROVIDED THAT A GATE IS CONSTRUCTED IN SAID FENCE. SAID GATE SHALL BE OF SUFFICIENT LENGTH AND LOCATION TO ALLOW THE GRANTEE FULL USE OF, AND ACCESS AND EGRESS TO AND FROM THE REAL PROPERTY WITHIN THE EASEMENT AREA. IF SAID GATE IS TO BE LOCKED, KEYS SHALL NE PROVIDED TO THE CITY OF AUBURN. NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID SANITARY SEWER AND STORM DRAINAGE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATIONS AS CURRENTLY EXISTNG THE OWNERS OF SAID PRIVATE PROPERTY GRANTS TO THE CITY OF AUBURN THE RIGHT OF INGRESS AND EGRESS TO THE EASEMENT AREA OVER AND ACROSS ALL PAVED, GRAVELED, OR OTHERWISE IMPROVED DRIVEWAYS OR PARKING LOTS WITHIN THE PARENT PARCEL. IF DIRECT ACCESS TO THE EASEMENT AREA IS NOT AVAILABLE FROM SUCH DRIVEWAYS OR PARKING LOTS, THE CITY OF AUBURN'S RIGHT OF INGRESS AND EGRESS SHALL INCLUDE SUCH OTHER AREAS OF THE PARENT PARCEL AS THE CITY OF AUBURN DETERMINES ARE NECESSARY TO ACCESS THE EASEMENT AREA FROM SUCH DRIVEWAYS AND PARKING LOTS OR FROM THE PARENT PARCELS BOUNDARIES. IN THE CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, THE CITY OF AUBURN SHALL RETURN THE PROPERTY TO ACONDITION REASONABLY COMPARABLE TO ITS CONDITION AS IT EXISTED IMMEDIATELY BEFORE ENTRY AND /OR WORK WAS MADE THEREON BY THE CITY OF AUBURN OR ITS AGENTS. THE OWNERS OF SAID PRIVATE PROPERTY ADDITIONALLY GRANTS TO THE CITY OF AUBURN. THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID WATER, SANITARY SEWER AND STORM DRAINAGE FACILITES. THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO REASONABLE MINIMUM AND IN THE CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, THE CITY OF AUBURN SHALL RETURN THE PROPERTY TO A CONDITION REASONABLY COMPARABLE TO ITS CONDITION AS IT EXISTED IMMEDIATELY BEFORE ENTRY AND /OR WORK WAS MADE THEREON BY THE CITY OF AUBURN OR ITS AGENTS. IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER RIGHT OF THE EASEMENT AREA. THIS EASEMENT AND COVENANT SHALL RUN WITH THE PARENT PARCEL AND IS BINDING ON THE OWNERS OF SAID PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSIGNS. TRACT SCHEDULE TRACT SIZE OWNERSHIP PURPOSE A 35,175 SQ. FT. THE CITY OF AUBURN PUBUC STORM DRAINAGE B 1,436 SQ. FT. THE OWNERS OF LOTS 11 AND 12 PRIVATE ACCESS AND UTILITY C 1,335 SO. FT. THE OWNERS OF LOTS 14 AND 15 PRIVATE ACCESS AND UTILITY NOF TI 1-1 BASIS OF BEARINGS N45'37'05 "E BETWEEN THE MONUMENTS FOUND IN PLACE AT THE WEST QUARTER CORNER AND THE NORTH QUARTER CORNER OF SECTION 14 -21 -4 PER REFERENCES 2. 3 AND 4 ROTATED COUNTERCLOCKWISE 00'02'12° TO N45'34'S3 "E TO CONFORM WITH THE TOPOGRAPHIC SURVEY BY INFORMED LAND SURVEY, LLC FOR PREFERRED ENGINEERING. LLC, SIGNED ON 11/17/2005, UNDER JOB N0. AUBURN 050728. FOUND MONUMENT IN CASE, 1.25" SQUARE LEAD WITH TACK IN 4 °X4" CONCRETE, DOWN 0.4', 0.2' N. AND 0.5' E., SEE DETAIL SHEET 3. / / / S 328TH ST 15 14- - 1 1306.87' CALL PER R4 9 (1 RS) (518929'31"E (1064 1307.55' MEA. MON-NON) FOUND 2.5° BRASS DISK 61TH PUNCH AT SURFACE, STAMPED °CITY OF AUBURN PUBLIC WORK, PLS 22954, . 5 11 , RESET 2008° S.14 /MF'Pl HELD 53 F' B9 PER R2 &33 53N . 41 ry WEST AUBURN FIVE ACRE NI I TRACTS N /Ty VOL. 15, PG. 12 F FOUND BRASS NAIL WITH PUNCH IN 4"X4° CONCRETE AT SURFACE ORD.0 CONTROL DIAGRAM SCALE 1" = 350' CITY OF AUBURN FILE NO. PLT -14 -0008 / 1 KING 4 COUNTY / N PLAT 14 N0. T. 4 N , REC. 0. T. 06 I 2 8106080622 I N 40 r 4 N89'S6'42 °W ry z 593.77' f 0 50 L 51 653.26' CALL. - 60 4. STORM DRAINAGE SYSTEMS CONSTRUCTED ON THE INDIVIDUAL LOTS MUST BE MAINTAINED BY THE PROPERTY OWNER FOR THAT LOT. AN EXCEPTION TO THIS REQUIREMENT IS WHERE THE PRIVATE STORM COLLECTION SYSTEM. CROSSES LOT LINES. IN THIS CASE PRIVATE STORM DRAINAGE EASEMENTS AND THE MAINTENANCE RESPONSIBILITIES RELATED THERETO HAVE BEEN IDENTIFIED HEREIN. 5. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 1 AND 2 IS FOR THE BENEFIT OF LOTS 2 AND 3 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 1, 2 AND 3 ARE HEREBY RESPONSIBLE FOR T1-10 MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 6. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 4 AND 5 AND TRACT A IS FOR THE BENEFIT OF LOTS 5 AND 6 FOR PRIVATE STORM DRAINAGE FACIUTIES. THE OWNERS OF SAID LOTS 4, 5 AND 6 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF NE PRIVATE DRAINAGE FACILITES USED IN COMMON WITHIN SAID EASEMENT. 7. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 6 I5 FOR THE BENEFIT OF LOTS 7 AND 9 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 7, 8 AND 9 ARE HEREBY. RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 8. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 11 IS FOR THE BENEFIT OF LOT 12 FOR PRIVATE STORM DRAINAGE FACILITES. THE OWNERS OF SAID LOTS 11 AND 12 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY 1N THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 9. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 14 I5 FOR THE BENEFIT OF LOT 15 FOR PRIVATE STORM DRAINAGE FACILITIES. NE OWNERS OF SAID LOTS 14 AND 15 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACIUTIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 10. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 18 IS FOR THE BENEFIT OF LOT 17 FOR PRIVATE STORM DRAINAGE FACILITES. THE OWNERS OF SAID LOTS 17 AND 18 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 11. THE 10 FOOT PRIVATE WALL AND STORM DRAINAGE EASEMENT SHOWN ON LOTS 3 THROUGH 12 AND TRACT A IS HEREBY RESERVED FOR AND GRANTED TO THE MOUNTAIN VIEW HOMEOWNERS ASSOCIATION FOR PRIVATE RETAINING WALL AND ASSOCIATED STORM DRAINAGE FACILITIES. SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE. RETAINING WALL AND STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. 12. THE 5 FOOT PRIVATE WATER EASEMENT SHOWN ON LOTS 10 AND 11 IS FOR NE BENEFIT OF LOTS 11 AND 12 FOR PRIVATE WATER FACILITIES. THE OWNERS OF SAID LOTS 11 AND 12 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE WATER FACILITIES WITHIN SAID EASEMENT. 13. THE 5 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 13 IS FOR THE BENEFIT OF LOT 14 FOR PRIVATE WATER FACILITIES. THE OWNERS OF SAID LOT 14 IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITIES WITHIN SAID EASEMENT. 14. THE 5 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 16 IS FOR THE BENEFIT OF LOT 15 FOR PRIVATE WATER FACILITIES. THE OWNERS OF SAID LOT 15 IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACILITES WITHIN SAID EASEMENT. 15. THE PRIVATE ENTRY MONUMENT AND LANDSCAPE EASEMENT SHOWN ON LOT 15 IS HEREBY RESERVED FOR AND GRANTED TO THE MOUNTAIN VIEW HOMEOWNERS ASSOCIATION, FOR PRIVATE ENTRY MONUMENT AND LANDSCAPE FACILITIES SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE ENTRY MONUMENT FACILITIES WITHIN SAID EASEMENT. LAKEHAVEN UTILITY DISTRICT EASEMENT PROVISION AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN U0LITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS. FOR SO LONG AS IT SHALL OWN AND MAINTAIN THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PLAT AND DESCRIBED HEREIN AS "WATERLINE EASEMENT" (WILE) TO INSTALL, MAINTAIN, REPLACE, REPAIR AND OPERATE WATER MAINS AND APPURTENANCES FOR THIS SUBDIVISION AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES FOR PURPOSES INCIDENT THERETO. NO BUILDING, WALL, ROCKERY, FENCE, TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED. NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA. NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID WATER SERVICE FACIUTIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING. GRANTOR HEREBY AGREES THAT NO WATER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WITHIN OR PROXIMATE TO SAID EASEMENT, UNLESS SUCH INSTALLATION IS APPROVED BY GRANTEE AND IS IN CONFORMANCE WITH THE THEN- CURRENT EDITION OF THE 'CRITERIA FOR SEWAGE WORKS DESIGN" PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY. GRANTOR HEREBY FURTHER AGREES NAT NO OTHER UTILITY FACILITY OR APPURTENANCE OF ANY KIND, INCLUDING UTILITY SERVICE CONNECTONS, SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR,' OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, 'MTHIN THREE FEET (3'), MEASURED .HORIZONTALLY FOR PARALLEL ALIGNMENTS, OR WITHIN SIX INCHES (6'), MEASURED VERTICALLY FOR CROSSING OR PERPENDICULAR ALIGNMENTS, OF ANY PORTION OF THE GRANTEES FACILITIES. GRANTOR ADDITIONALLY GRANTS TO THE LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION, RECONSTRUCTION. MAINTENANCE AND OPERATION OF SAID WATER FACILITES. THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A REASONABLE MINIMUM AND BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN UTILITY DISTRICT, ITS AGENTS, SUCCESSORS AND ASSIGNS. IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, GRANTOR SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY. SUBJECT TO THE EASEMENT NAT WOULD IMPAIR OR LIMIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN. PRIVATF DRAINAGF FASFMFNT COVFNANT THE OWNERS OF PRIVATE PROPERTY WITHIN THIS PLAT ENCUMBERED WITH DRAINAGE EASEMENTS SHOWN AS °PRIVATE° HEREBY GRANT AND CONVEY TO THE CITY OF AUBURN, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON, THE RIGHT BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND SURFACE WATER PER THE ENGINEERING PLANS APPROVED FOR THIS PLAT BY THE CITY OF AUBURN,' TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS) TO ENTER SAID DRAINAGE EASEMENT FOR NE PURPOSE OF OBSERVING NAT THE OWNER(S) ARE PROPERLY OPERATING AND MAINTAINING NE DRAINAGE FACILITIES CONTAINED THEREIN. THE OWNERS OF SAID PRIVATE PROPERTY ARE RESPONSIBLE FOR OPERATING, MAINTAINING, AND REPAIRING THE DRAINAGE FACIUTIES CONTAINED WITHIN SAID DRAINAGE EASEMENT AND ARE HEREBY REQUIRED TO OBTAIN ANY REQUIRED PERMITS FROM THE CITY OF AUBURN PRIOR TO FILLING, PIPING, CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE LANDSCAPE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH AS SWALES, CHANNELS, DITCHES PONDS, ETC.) OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT. THIS COVENANT SHALL . RUN WITH THE LAND AND IS BINDING UPON THE OWNER(S) OF SAID PRIVATE PROPERTY, THEIR HEIRS,' SUCCESSORS AND /OR ASSIGNS. TRACT NOTES 1. TRACT A IS A PUBLIC STORM DRAINAGE TRACT AND IS CONVEYED TO NE CITY OF AUBURN AND /OR ITS SUCCESSOR AGENCY FOR PUBLIC DRAINAGE PURPOSES UPON THE RECORDING OF THIS PLAT. EXCEPT AS NOTED HEREIN THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE PUBLIC STORM DRAIN FACILITES WITHIN SAID TRACT. NE MOUNTAIN VIEW HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF NOSE PORTIONS OF SAID TRACT, INCLUDING LANDSCAPING AND WALLS, LOCATED OUTSIDE THE AREA SHOWN ON SHEET 4, HEREOF AS "CITY TO MAINTAIN ". AN EASEMENT OVER SAID TRACT IS HEREBY GRANTED AND CONVEYED TO SAID HOMEOWNERS ASSOCIATION FOR NE PURPOSES ACCESS AND MAINTENANCE, AS OUTLINED ABOVE. 2. TRACT B IS A PRIVATE ACCESS TRACT FOR INGRESS. EGRESS, PRIVATE DRAINAGE AND UTILITIES FOR THE BENEFIT TF THE OWNERS OF LOTS 11 AND 12. OWNERSHIP OF LOTS 11 AND 12 WITHIN THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT B, AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. AN EASEMENT OVER SAID TRACT IS HEREBY RESERVED FOR THE BENEFIT OF LOTS 11 AND 12 FOR PRIVATE U0LITIES AND STORM DRAINAGE FACILITES. THE OWNERS OF SAID LOTS 11 AND 12 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY AND STORM DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE FACILITIES USED IN COMMON WITHIN SAID EASEMENT. 3. TRACT C IS A PRIVATE ACCESS TRACT FOR INGRESS, EGRESS, PRIVATE DRAINAGE AND UTILITIES FOR THE BENEFIT OF THE OWNERS OF LOTS 14 AND 15. OWNERSHIP OF LOTS 14 AND 15 WITHIN. THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT C, AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. AN EASEMENT OVER SAID TRACT IS HEREBY RESERVED FOR THE BENEFIT OF LOTS 14 AND 15' FOR PRIVATE UTILITIES AND STORM DRAINAGE FACILITES. THE OWNERS OF SAID LOTS 14 AND 15 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILTY AND STORM DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE FACILITES USED IN COMMON WITHIN SAID EASEMENT. D.R. STRONG CONSULTING ENGINEERS ENGINEERS PLANNERS SURVEYORS 020 - 7th AVENUE KIRKLAND, WA 98033 0 425.8273063 1425.8272423 Pa TU 152 MOUNTAIN VIEW SOUTH A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON SURVEYOR'S NOTES 1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE ORDER. NUMBER 5003353- 2324655 DATED SEPTEMBER 22, 2014. IN PREPARING 17415 MAP, D.R. STRONG CONSULTING ENGINEERS INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS D.R. STRONG. CONSULTING ENGINEERS INC. AWARE OF ANY 71106 ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY REFERENCED FIRST AMERICAN TITLE INSURANCE COMPANY GUARANTEE. D.R. STRONG CONSULTING ENGINEERS INC. HAS RELIED WHOLLY ON FIRST AMERICAN TITLE COMPANY REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFORE O.R. STRONG CONSULTING ENGINEERS INC. QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 2. ALL SURVEY CONTROL. INDICATED AS "FOUND" WAS RECOVERED FOR THIS PROJECT 114 MAY, 2013. 3. PROPERTY AREA = .176,547± SQUARE FEET (4.0530± ACRES). 4. ALL DISTANCES ARE 114 FEET. 5. THIS I5 A FIELD TRAVERSE SURVEY. A LEICA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTAOON AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332 - 130 -090. ALL MEASURING INSTRUMENTS AND EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS. 6. THE BOUNDARY SHOWN HEREON I5 BASED ON THE RECORDS OF SURVEY RECORDED UNDER RECORDING NUMBERS 9601229002, 20050427900014 AND. 20050603900010, REFERENCES 2, 3 AND 4. HOLDING THE NORTH QUARTER CORNER OF SECTION 14 -21 -4 AND ROTATING TO THE WEST QUARTER CORNER. MEASUREMENTS MADE BETWEEN THE TWO MONUMENTS INDICATE A MINOR DIFFERENCE FROM THAT PRODUCED BY SAID SURVEYS. ALSO THE MONUMENT AT THE INTERSECTION OF 5. 3281H STREET AND 56TH AVENUE S. APPEARS TO HAVE BEEN EITHER DISTURBED OR REPLACED IN A DIFFERENT LOCATION. THERE HAVE BEEN SEVERAL OTHER SURVEYS MADE IN THE AREA, ALL PRODUCE SLIGHTLY DIFFERING MEASUREMENTS BETWEEN THE EXISTING MONUMENTS. IT IS THE INTENTION OF THIS SURVEY TO CONFORM, AS BEST AS POSSIBLE, TO 174E SURVEY PREPARED FOR THIS PARCEL, WHICH IS RECORDED UNDER RECORDING NUMBER 20050603900010, REFERENCE NO. 4. EASEMENT KEY DA 10 FOOT PUBLIC UTILITY EASEMENT SEE PUBLIC EASEMENT PROVISION 1, SHEET 2. OB 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES/RESTRICTIONS NO. 5, SHEET 2. • 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS N0. 6, SHEET 2. • 1NO0 . 7 FOOT SHEET PRIV2. ATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS , 0 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS N0. 8, SHEET 2. O 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS NO. 9, SHEET 2. • 11400 . 10 FOOT SHEET VAT PRIE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS , 2. 0 10 FOOT PRIVATE WALL AND STORM DRAINAGE EASEMENT SEE NOTES/RESTRICTIONS N0. 11, SHEET 2. O 5 FE00ET T 2. PRIVATE WATER EASEMENT SEE NOTES/RESTRICTIONS NO. 12. SH Oj SH5 FEET OOT 2. PRIVATE WATER EASEMENT SEE NOTES/RESTRICTIONS N0. 13, OK 5 HEET 6OOT2. . PRIVATE WATER EASEMENT SEE NOTES /RESTRICTIONS N0. 14, S © 15 FOOT CITY OF AUBURN SANITARY SEWER EASEMENT SEE CITY OF AUBURN PUBLIC EASEMENT PRO4SION SHEET 2. O 10 FOOT WATERLINE (WLE) EASEMENT TO LAKEHAVEN UTIUTY DISTRICT SEE LAKEHAVEN UTILITY DISTRICT EASEMENT PROVISION SHEET 2. O PRIVATE ENTRY MONUMENT AND LANDSCAPE EASEMENT TO THE MOUNTAIN NEW HOMEOWNERS ASSOCIATION SEE NOTES /RESTRICTIONS NO. 15, SHEET 2. MONUMENT FOUND NEAR THE INTERSECTION OF S. 328TH ST. AND 5616 AVE. 5. S 328TH ST N89'59'26 "W CALCULATED INTERSECTION OF 5. 328TH 5T. AND 56TH AVE. 5. PER REF. 2, 3 AND 4 DETAIL NOT TO SCALE ORD.0 HELD 91'19'14" PER R4 1 BANDYS FIRST ADDITION VOL 86, PG. 65 FOUND MONUMENT IN CASE, 1.25° SQUARE LEAD WITH TACK IN 4"X4° CONCRETE. DOWN 0.4', 0.2' N. AND 0.5' E., SEE DETAIL LOWER LEFT. DESTROYED DURING THE COURSE OF CONSTRUCTION, REPLACED 6106 TYP. . AT FOUND LOCATION DEDICATED TO THE CITY OF AUBURN FOR PUBLIC ROAD PURPOSES UPON THE RECORDING OF THIS PLAT 20.52'! 30' 60' 0 20.52' - 03 UNPLATTED VOL. /PAGE' FOUND 4° CONCRETE J MONUMENT WITH 1.25" LEAD SQUARE AND TACK, DOWN 0.2' IN MONUMENT CASE UNPLATTED FOUND 4" CONCRETE MONUMENT WITH- LEAD SQUARE AND TACK, DOWN 0.2' IN MONUMENT CASE 0.41' 5. OF CALCULATED CENTERLINE, HELD FOR NORTH - SOUTH. CENTERLINE OF 57TH AVE. 5. DESTROYED DURING THE COURSE OF CONSTRUCTION, REPLACED WITH TYP. AT FOUND LOCATION S 328TH ST 91'22'24" CALL. 91'20'18" R5 9176'30" MEA. MON. -MON. N89'59'26 "W 339.27' CALC. (489'53'32 °W 338.80' MEA. MON. - MON.) (340.02' R5) 592.88' - c O R= 21.00' 2 L= 8840'46'15 L= 32.50' 6,878± S.F. N89'58'08 99.43' 121.28' 14 101.28' 6,119± S.F. TRACT C 1,335± S.F. PRIVATE ACCESS AND f6' UTILITIES SEE TRACT o NOTE NO. 3. SHEET 2 o o 1 N89'58'08 rc • 13 • 6,820± S.F. N• N89'58'08 "W 56.97' I I I08,010.4 HO10. w 6,999± S.F. 30.01' 59.69' - FOUND 1/2" REBAR AND YELLOW PLASTIC CAP. STAMPED °L5 19635 ", 0.4'5. X 0.3'0. 30' NORTH GRAPHIC SCALE 0 20' 40' 80' 1 INCH = 40 FT. BASIS OF BEARINGS 1445'37'05"E BETWEEN THE MONUMENTS FOUND IN PLACE AT THE WEST QUARTER CORNER AND THE NORTH QUARTER CORNER OF SECTION 14 -21 -4 PER REFERENCES 2, 3 AND 4 ROTATED COUNTERCLOCKWISE 000212" TO N45'34'53 "E TO CONFORM WITH THE TOPOGRAPHIC SURVEY BY INFORMED LAND SURVEY, LLC FOR PREFERRED ENGINEERING, LLC, SIGNED ON 11/17/2005, UNDER JOB NO. AUBURN 050728. LEGEND O© &Ot0---17, 02.67' 58.00' 16 6.127±± S.F. 46132'18 "W [1004.' / C7 Cg 24.77 •/ 26.99 f 50.00 17 6,022± S.F. 42.00' I'\ 40.00' 40.00' R= 15.00' 4= 90'00'00" 1= 23.56' 1 25' 9 25' I m O&O10'-'iml 0 18 1 "r 0 6.760± S.F. I 1 z 8 0 4= 90'01'18" 1= 47.14' 03 489'58'08 "W 100.75 S 328TH PL 62'19'07 "E(R) / 1 19.71' / 32.05' / �� 51.98' T y ' iD �2' !/mac �iN �. r N89'S8'OB °WI t i C3 N'38 "E \I" Cs' 4678 20.05' T 0,,,, 1,436± S.F. w RACT B -PRIVATE ACCESS n ' AND UTILITIES , 11 o SEE TRACT NOTE © w NO. 2, SHEET 2 8 6,000± S.F. 4 TR. A 108.94' • 10 6,429± S.F. 60.00' 60.00' ® FOUND MONUMENT AS NOTED SET STANDARD CITY OF AUBURN MONUMENT WITH BRASS DISK STAMPED "DRS 37555" IN MONUMENT CASE. O FOUND .CORNER MONUMENT AS AS NOTED. • SET 5/8 "X 24° REBAR WITH PLASTIC CAP STAMPED "DRS. 37555" ® AREA BURDENED BY PRIVATE STORM DRAINAGE EASEMENT CITY OF AUBURN FILE NO. PLT -14 -0008 CITY OF AUBURN STREET ADDRESS LOT NO. HOUSE NUMBER STREET NAME 1 5731 S. 328TH ST. 2 5719 S. 328TH ST. 3 5707 S. 328TH ST. 4 32804 57TH AVE. 5. 5 32612 57TH AVE. 5. 6 32820 57TH AVE. S. 7 5697 S. 328TH PL. 8 5689 S. 328TH PL. _ 9 _ 5681 S. 328TH PL. 10 5673 5. 328TH PL. 11 5665 5. 328TH PL. 12 5657 5. 328T1-1 PL. 13 5650 5. 328TH PL. 14 5658 S. 328TH PL. 15 5666 S. 328TH PL 16 5674 S. 328TH PL 17 5682 S. 3287H PL. 18 5690 5. 328TH PL. N89'58'08°W 93 9 8 6,056 5.F. 6,262± S.F. OSJL -- 50.00' _ 50.00'. 592.58' - 62 WEST AUBURN FIVE ACRE TRACTS VOL. 15, PG. 12 REFERENCES 7 6,703± S.F. 50.00' 1. THE PLAT OF WEST AUBURN FIVE ACRE TRACTS, RECORDED IN VOLUME 15 OF PLATS, PAGE 12. 2. RECORD OF SURVEY RECORDED IN VOLUME 107 OF SURVEYS, PAGE 155, UNDER RECORDING NUMBER 9601229002. 3. RECORD OF SURVEY RECORDED IN VOLUME 185 OF SURVEYS, PAGE 259, UNDER RECORDING NUMBER 20050427900014. 4. RECORD OF SURVEY RECORDED IN VOLUME 187 OF SURVEYS, PAGE 251, UNDER RECORDING NUMBER 20050603900010. 5. THE PLAT OF BANDYS SECOND ADDITION, RECORDED IN VOLUME 114 OF PLATS, PAGE 99. 6. TOPOGRAPHIC SURVEY BY INFORMED LAND SURVEY, LLC FOR PREFERRED ENGINEERING, LLC, SIGNED ON 11/17/2005, UNDER JOB NO.' AUBURN 050728. LINE BEARING DISTANCE 01 643150'09 "E 19.00' L2 1432'37'44 "4 29.40' 03 N89'59'26 "W 1.93' 04 431'33'40 "W 5.56' 05 95826'20 "E 25.42' L6 N31'33'40 "W 5.34' CURVE RADIUS DELTA ANGLE ARC LENGTH 01 25.00' 4424'55° 19.38' C2 45.00' 19'51'53" 15.60' C3 45.00' 61'0711" 48.00' C4 45.00' 25'43'07" 20.20' C5 45.00' 56'5110" 44.65' C6 45.00'. 26'28'23" 20.79' C7 45.00' 66'14'57" 52.03' C8 45.00' 12'3310" 9.86' 69 25.00' 44'24'55" 19.38' 010 45.00' 07'58'35" 6.26' C11 45.00' 09'22'22" 7.36 C12 21.00' 1917'36" 7.19' 013 21.00' 69'0310° 25.31' 6 SEE SHEET 4 FOR CONTINUATION D.R. STRONG CONSULTING ENGINEERS ENGINEERS PLANNERS SURVEYORS 620 .70 AVENUE KIRKLAND, WA 98033 0425827.3083 64250272423 PCgrcyggf 152 MOUNTAIN VIEW SOUTH A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON TITLE RESTRICTIONS 1. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF PUGET SOUND ENERGY, INC. FOR AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION SYSTEM AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20010809000730. THE LEGAL DESCRIPTION WITHIN SAID INSTRUMENT IS INSUFFICIENT TO DETERMINE THE EASEMENT'S EXACT LOCATION WITHIN THIS SITE. 2. THIS SITE IS SUBJECT TO THE RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS. IF ANY, AS CONTAINED AND /OR DELINEATED ON THE FACE OF THE SURVEY RECORDED UNDER RECORDING NUMBER 20050603900010. 3. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "AGREEMENT" AS DISCLOSED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBER 20071120000468 AND 20071120000469 AND MODIFICATIONS THERETO AS DISCLOSED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBER 20090220001244, 20120712000234 AND 20130815000943. 4. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT" AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20090217000839. 5. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "AGREEMENT FOR DEFERRAL OF IMPROVEMENTS" AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20090217000840. EASEMENT KEY OA 10 FOOT PUBLIC UTIUTY EASEMENT SEE PUBLIC EASEMENT PROVISION 1, SHEET 2. BO 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES/RESTRICTIONS N0. 5, SHEET 2. © 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS NO. 6, SHEET 2. OO 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS N0. 7, SHEET 2. O 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS N0. 8, SHEET. 2. O 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS N0. 9, SHEET 2. © 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SEE NOTES /RESTRICTIONS. N0. 10, SHEET 2. 0 10 FOOT PRIVATE WALL AND STORM DRAINAGE EASEMENT SEE NOTES/RESTRICTIONS N0. 11, SHEET 2. OI 5 FOOT PRIVATE WATER EASEMENT SEE NOTES/RESTRICTIONS NO. 12, SHEET 2. S• 5 HEET FOOT 2. PRIVATE WATER EASEMENT SEE NOTES/RESTRICTIONS N0. 13, KO 5 FOOT PRIVATE WATER EASEMENT SEE NOTES/RESTRICTIONS N0. 14, SHEET 2. • 15 FOOT CITY OF AUBURN SANITARY SEWER EASEMENT SEE CITY OF AUBURN PUBLIC EASEMENT PROVISION SHEET 2. FOUND 4" CONCRETE MONUMENT WITH 1.25" LEAD SQUARE AND TACK, DOWN 0.2' IN MONUMENT CASE • 83 J 9172'24" CALC. 9120'18" 55 9116'30" MEA. MON. -MON. OM 10 FOOT WATERLINE (WLE) EASEMENT TO LAKEHAVEN UTILITY DISTRICT SEE LAKEHAVEN UTILITY DISTRICT EASEMENT PROVISION SHEET 2. PRIVATE ENTRY MONUMENT AND LANDSCAPE EASEMENT TO THE MOUNTAIN VIEW HOMEOWNERS ASSOCIATION SEE NOTES/RESTRICTIONS N0. 15, SHEET ORD.0 0 NORTH GRAPHIC SCALE 0 20' 40' 80 1 INCH = 40 FT. BASIS OF BEARINGS SEE SHEET 3 FOR CONTINUATION BANOYS SECOND ADDITION VOL. 114, PG. 99 FOUND 4" CONCRETE MONUMENT WITH 1.25" LEAD SQUARE AND TACK, DOWN 0.2' IN MONUMENT CASE 0.41' 5. OF CALCULATED CENTERLINE, HELD FOR NORTH -SOUTH CENTERLINE. OF 57TH AVE. S. DESTROYED DURING THE COURSE OF CONSTRUCTION, REPLACED WITH TYP. AT FOUND LOCATION - 40.00' 25 4 VOL /PAGE 328TH ST DEDICATED TO THE CITY OF AUBURN S FOR PUBLIC ROAD PURPOSES UPON THE RECORDING OF TH15 PLAT N89'S9'26 "W 313.66' (313.29' 85) - 592.88' R4 40.00' ® 83.02' I ._H 50.00' e� 50.00' z-z-z R= 15.00' = 90'00'00" L=23.56' 4 O 6,5193 S.F. to 98.02' a N1 00 &O10 � "" A=15'12'21" = 21.23' IW •�� 3 z 6,0493 S.F 6,475 3± S.F. ;J `1,?.7 7.71' 43.48' 0 6,035± S.F. 50.00' 44.54' /./ 5= 15.00' x9122'41" L= 23.92'' 644'59'26 "W HELD 88'37'19" PER R4 22.53' 7,003± S.F. 57.01' 689'58'44 "E - 150.49' ""N89'S7'23 "W 651'4259 "E 989'57'42 "E 9.79' 21.35' 47 51 0 =21.00 3=9125'33" I L= 33.51' 6 10,8443 S.F. 66.55' 0= 20.00' A= 75'40'14" L= 26.41' TRACT A 35,1753 S.F. PUBLC STORM DRAINAGE TRACT SEE TRACT NOTES NO. 1 SHEET 2 17 CITY TO MAINTAIN \523' JE�. . A, 89 �. 889'57'28 "W 139.57' 196.34' nl In NIA I of 298.05' 111 & 84 7.23' 13.84' `'. 30.01' N45'37'05 "E BETWEEN THE MONUMENTS FOUND IN PLACE Al' THE WEST QUARTER CORNER AND THE NORTH QUARTER CORNER OF SECTION 14 -21 -4 PER REFERENCES 2, 3 AND 4 ROTATED COUNTERCLOCKWISE 00'02'12" TO N45'34'53 °E TO CONFORM WITH THE TOPOGRAPHIC SURVEY BY INFORMED LAND SURVEY, LLC FOR PREFERRED ENGINEERING, LLC, SIGNED ON 11/17/2005, UNDER JOB NO. AUBURN 050728. LEGEND FOUND MONUMENT AS NOTED. SET STANDARD CITY OF AUBURN MONUMENT WITH BRASS. DISK STAMPED "ORS 37555" IN MONUMENT CASE. o FOUND CORNER MONUMENT. AS AS NOTED. • SET 5/8° X 24" REBAR WITH PLASTIC CAP STAMPED "DRS 37555" AREA BURDENED BY PRIVATE STORM DRAINAGE EASEMENT CITY OF AUBURN FILE NO. PLT -14 -0008 f - 592.58' 62 WEST AUBURN FIVE ACRE TRACTS VOL. 15, PG. 12 CITY OF AUBURN STREET ADDRESS LOT NO. HOUSE NUMBER STREET NAME 1 5731 S. 328TH ST. 2 5719 5. 328TH 5T. 3 5707 S. 328TH ST. _ 4 32804 57TH AVE. S. 5 32812 57TH AVE. 5. 6 32820 57TH AVE. 5. 7 5697 5. 328TH PL. 8 5689 S. 328TH PL. 9 5681 S. 328TH PL. 10 5673 5. 328TH PL. 11 5665 S. 328TH PL. 12 5657 S. 328TH PL. 13 5650 S. 328TH PL. 14 5658 S. 328TH PL. 15 5666 5. 328TH PL. 16 5674 S. 328TH PL. 17 5682 S. 328TH PL. 18 5690 5. 3281H PL. N89'58'08 "W FOUND 1/2" REBAR AND YELLOW PLASTIC CAP. STAMPED "L5 19635 °, 0.1' S AND 0.6' E D.R. STRONG CONSULTING ENGINEERS ENGINEERS PLANNERS SURVEYORS. 620 - 71h AVENUE KIRKL AND,, WA 08033 0425827,3063 F4258272423 p ` pcg tr441f 152 CITY OF - -` AUBURN WASHINGTON Exhibit 3 D ORIGINAL CERTIFICATE OF IMPROVEMENTS FINAL PLAT APPLICATION FAC07 -0004 COMPLETION OF IMPROVEMENTS The required improvements for the Final Plat of have been completed in accordance with the Land Division Ordinance and the City of Auburn's standards and specifications. City Engineer Date ********************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SECURITY IN LIEU OF COMPLETION In lieu of the required public improvements for the Final Plat of Mountain View South fka Stipp's Meadow, an approved Plat Security Bond for $65,750.00 (150% of the estimated costs of improvements) has been submitted and approved by the City Engineer. 42/D,2�f %2 i /7" ate 1. The developer has provided references and demonstrated a minimum of 3 years successful, non - defaulted plat development experience in the Puget Sound region. 2. The bond /security is based on the following costs: PHASE 1: • TOP LIFT of ASPHALT • RAISING UTILITIES TO GRADE • SURVEY MONUMENTS INSTALLATION • STRIPING / CHANNELIZATION TOTAL cc: File: FAC07 -0004 Jeff Dixon, Planning Services Manager Stephannie Karlsson, Henley USA LLC Luke Thornton, Novastar Development, Inc. ORD.0 $45,755.00 $ 8,662.50 $ 2,625.00 $ 8,707.50 $65,750.00 Page 62 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 Exhibit 4 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN Phil Olbrechts, Hearing Examiner RE: Stipp's Meadow LLC Preliminary Plat PLT10 -0007 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION. INTRODUCTION The Applicant has proposed to subdivide 4.47 acres into 18 single - family residential lots. Two deviations to street standards are also included in the application for S. 328Ui St, an external access road. Specifically the deviations are to (1) allow an increase of maximum road grade from 5% to up to 10 %; and (2) lot access for three lots to S. 328t1i St. instead of to internal roads. The Examiner approves the preliminary plat along with the two requested deviations. ORAL TESTIMONY Elizabeth Chamberlain, Auburn Planning Manager, summarized the staff report. She noted that the subdivision had acquired preliminary plat approval in 2006. The Applicant reapplied in 2010 in order to take advantage of 2009 code amendments that permitted an additional four lots for the project. Ms. Chamberlain also referenced the two modifications requested for the subdivision and that the request for modification to lot access requirements was requested by affected property owners, because adjoining property owners did not want to view the back of the proposed residences. For the grade modification she noted that the proposed grade comes close to the 8% requirement and the traffic division had no concern over the modifications. Ms. Chamberlain also noted that a neighborhood circulation plan had been adopted since the plat was approved and that there are no future plans to have the cut de sac roads extended. She noted that City owned cemetery property blocks any such extension. She noted that there will be sidewalks along the frontage of the projects and that the sidewalks will also connect to the sidewalk of Mountain View Estates. In response to questions from the Examiner, Ms. Chamberlain noted that the primary code changes since the 2006 approval are the change in density, the neighborhood collector plan and the change in grade requirements. Except for the addition of lots, the subdivisions are basically the same as those approved in 2006. If the Applicant were required to comply with the 8% grade requirement, it would have to rebuild the entire road and build cost prohibitive retaining walls. Ms. Chamberlain acknowledged that the primary policy basis for the access standard is safety. She noted that there was no safety with direct access to 328th because it does not have a high volume of traffic as a dead end neighborhood collector. If the Applicant had to {PA0757324.DOC;1100083.9000001 } Preliminary Plat p. 1 Findings, Conclusions and Decision Page 3 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 comply with the access requirement, the Applicant would have to install an access tract, which would not be a major burden but is not favored by the City and may result in the loss of a lot or two. In further response to Examiner questions, Ms. Chamberlain responded to the written concerns submitted by Thomas Jones (Ex. 8). On the concern about West Hill traffic adequacy, Ms. Chamberlain noted that the City annexed the area in 2006 and 2008. The road infrastructure was inherited "as is" from King County. In 2009 the annexation area was adopted into the comprehensive plan, including the infrastructure needs of the area. Traffic impacts fees paid by the project will go towards fixing projects within the City, including the Westhill area. The project meets all concurrency requirements. As to site limitation problems, the project will have to meet site distance requirements. The recommended conditions of approval require site distance improvements at the intersection of S. 328th and 56th Ave. S.. As to storm drainage problems, they are primarily in the north part of North Hill, The project is in a separate storm drainage basin. The project is subject to the current stormwater manual, which prohibits any increase in stormwater flow or alteration of its discharge points. More technical review will be done during civil review, but the preliminary stormwater plan shows that the stormwater ponds are adequate and serve both the Stipp's and Mountain View subdivisions. As to differences in lot standards between King County and Auburn, Ms. Chamberlain noted that the lots in the proposal are generally smaller than those of the vicinity, but the City is required to provide for urban development. On emergency access, the Valley Regional Fire Authority has reviewed the proposal and did not find any problem with fire access, which includes multiple access to 56th. The number of lots of the project is not enough to trigger City requirements for secondary emergency access. As to whether 56th street should be converted to a through street, Ms. Chamberlain affirmed that the City Engineer has approved of the proposed modifications. She noted there are no critical areas on the site. Phil Kitzes, Applicant, explained that the reason for the additional lot request is due to the downfall in the housing market and necessary to maintain financing. The most challenging part of the project is paying for the sewer extension necessary to serve the project, which costs about a half million dollars. The extension won't serve anyone else, in part because the City owns or has recently purchased surrounding properties for a cemetery. The neighbors on the east side of 328th are the ones that requested the lot access modification. The detention ponds have been increased in size to meet the volume requirements of the new stormwater regulations. An access strip could be placed alongside the pond to avoid the lot access modification, but it would be difficult and unnecessary. On the access issue, there are actually two access points on [sic] 56th street. The gate at the end of the road can be busted down for emergency access. Mr. Kitzes explained that the only developable area accessed by 58th other than his projects and the cemetery properties is some property east of the Mountain View project and this has limited development potential because it is primarily occupied by a steep ravine. The potential for development is minimal so Stipp's and Mountain View are the only projects served by 58th. (PA0757324.DOC;1100083.9000001 ) Preliminary Plat p. 2 Findings, Conclusions and Decision Page 4 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 Tom Jones, adjoining property owner, noted that the roads that serve the project are narrow, don't have shoulders and have limited site distance. Mr. Jones noted that the intersections he has concerns about are the intersections of the West Valley Highway with W. Main and 15th Street. He noted in prior hearings that WSDOT had testified that these intersections need improvement. He noted that the projects have good stormwater design but existing stormwater problems have not been addressed. A solution needs to be integrated in the project's system. Mr. Jones testified that in the last hearings the lot sizes were presented as maintaining the standards of the community, even though people were already upset at the smaller size, and that now they are being proposed as even smaller and this violates the spirit of the agreement made at the previous hearings. On emergency access, there's only one road that serves both Stipp's and Mountain View and nothing is being done to address that problem even though the City owns most of the surrounding property. Mr. Jones clarified that his access problem is 58th St., not 56th St. as mentioned in his letter. The Examiner asked how the project's stormwater system could be integrated into the existing stormwater system. Mr. Jones responded that there's a catch basin that serves his area and he's never seen anyone maintain it and the catch basin should be integrated into the new stormwater system so that the existing residents don't have to worry about whether that catch basin is draining new construction and new city streets. Fran Wold, neighbor, agreed that 58th St. should be made a through street. There was already an easement for a through street before the City purchased the cemetery property. She also didn't think that this road could handle the additional traffic generated by the project. Muriel Larnport, neighbor, testified that she agrees with the comments made by other neighbors. In rebuttal, Ms. Chamberlain noted that for the W. Main and W. 15th intersection issues, only four trips would be added to those intersections, which wouldn't violate level of service standards. Most traffic would go in the opposite direction. The City is also doing an improvement project this summer for the W. Main and W. 15th intersections. On the "agreement" referenced by Mr. Jones on lot size, the City can't agree to any lot size, it must go by its code. The City has always stood firm that lot sizes in the City are [sic] larger than in King County and King County has narrower road standards. The project would be much different if it were done in King County. 58th street right of way does accommodate a through street, but the City Council made a conscious decision in its neighborhood street plan to not extend 58th extended due to the cemetery. 58th is currently not improved and the portion of 58th along Mountain View will be improved to serve that project. 58th does continue north of the Mountain View project to another neighborhood, but only through a private gate on roads that are privately maintained. The gate has a Knox Box to provide secondary emergency access. tPA0757324.AOC;1100083.9000001 } Preliminary Plat P. 3 Findings, Conclusions and Decision Page 5 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 Muriel Lamport noted she lives at the gate and that north of the gate the 58th right of way hits a pond that you cannot drive through. Access to her home is through a private road owned by four neighbors. There's no way for emergency vehicles to get to the projects through the gate. Mr. Kitzes responded that there is a Tract X that links 58th to 56th and will provide secondary emergency access that the fire department had a right to use. He explained that the prior owner of the Stipp's, Mt. View properties had held the community north of Mt. View hostage with [apparently] access rights across Tract X and that he (Mr. Kitzes) had given the Tract to the property owners when he purchased the project properties. On a final note, Mr. Jones felt that if the City is going to hold to its larger lot standards that it shouldn't continue to allow narrower roads. It can't have both. EXHIBITS The exhibits listed at pages 9 -10 of the March 24, 2011 staff report are all admitted into evidence. FINDINGS OF FACT Procedural: 1. Applicant. Stipp's Meadow LLC. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at Auburn City Hall in the Council Chambers on March 30, 2011. Substantive: 3. Site/Proposal Description. The Applicant has proposed to subdivide 4.47 acres into 18 single - family residential lots. This project received preliminary plat approval in 2006 for 14 single family lots. The City of Auburn updated its zoning code in June 2009 to density based zoning, which now permits additional lots in the R -5 zoning district. The road network and general lot layout will remain the same as the original preliminary plat. The only significant development standards that have changed since the 2006 approval is the increase in density and an increase in permitted road grade for nonarterials from 6% to 8 %. The City also adopted a neighborhood street plan, where it made a conscious decision to not extend 581i St. as a through street due its passage through City cemetery property. Storm drainage for the project is being addressed in a combined storm pond with Mt. View Estates and will be located within the Stipp's Meadow project. Mt. View {PA0757324.DOC;1100083.9000001 } Preliminary Plat p. 4 Findings, Conclusions and Decision Page 6 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 Estates is another preliminary plat proposed by the Applicant, located a block from Stipp's Meadow and undergoing concurrent review. 4. Deviation Requests. Stipp's Meadow involves two requests for deviation, In one deviation request, the Applicant requests a deviation to Section 10.04.4.1 of Auburn's Design Standards, which requires driveways to be located on the lowest classification of street for lots that front two or more streets. The Applicant requests that the driveways on lots 16 -18 access South 328th, a neighborhood collector road, instead of an internal plat road. Lots 16 -18 border the eastern terminus of the improved portions of S. 328'1'. Across S. 328th are single family lots that access S. 328n. In the 2006 hearing on Stipp's Meadows, the owners of developed single family lots across S. 328th requested that Lots 16 -18 also access S. 328th so that the owners wouldn't have to look at the back of the new single family homes. Since S. 328'1' will only be improved along the street frontage of the Stipp's project, the traffic on the road will be relatively minor since it generally only accommodates traffic for Stipp's, Mt. View Estates, and the 12 lot subdivision to the north of Stipp's. As testified by Phil Kitzes, the remaining properties that would use S. 328th are either City cemetery property or a minor amount of other property that has limited development potential due to a ravine. Due to the limited amount of traffic anticipated for the road, City staff have no safety concerns over the proposed deviation and the City Engineer concurs in the deviation request. hr the other deviation request, the Applicant requests a deviation to Section 10.02.4 of Auburn's Design Standards, which generally limits road grade to 8 %. The Applicant proposes to maintain existing grade along S. 328th St, where it fronts the Stipp's project. The grade along S.328th St. ranges from 5 to 10% with approximately 100 feet of S. 328t11 west of 57th Ave. having a grade of 10 %. The existing alignment connects to another street (57th Ave. S.) and several residences across from Stipp's have direct access onto 328t11. Staff noted that if the Applicant were required to comply with the 8% grade requirement, it would have to rebuild the entire road and build cost prohibitive retaining walls. The City Engineer concurs in the deviation request. 5. Characteristics of the Area. Single - family homes are located to the north and west on R -5 zoned property. City cemetery property is located to the south and east. There are unique circumstances associated with the project due to its proximity to the City's cemetery, which limits the development of the street grid and reduces the potential for future utility connections. 6. Adverse Impacts. There are no adverse impacts that have been identified in association with the proposal. Concerns raised by citizens are primarily addressed in the analysis of adequacy of infrastructure below. One citizen comment not associated with infrastructure is a comment from Mr. Jones in Ex. 8 that the lots in the project are smaller than neighboring lots. There isn't any specific information on comparative lot size in the record except for the plat map (sheet PP -C1), which shows that the proposed lots are smaller than those of the subdivision across S, 328th. At {PA0757324.DOC;1100083.9000001 } Preliminary Plat P. 5 Findings, Conclusions and Decision Page 7 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 any rate, the City's zoning regulations dictate what lot sizes are acceptable in the area and they authorize the densities proposed by the Applicant. In the absence of clear and precise design standards, placing restrictions on a project solely due to aesthetic impacts can only be legally defensible if impacts are so severe that no two persons could reasonably disagree that they are a problem. Cf. Anderson v. Issaquah, 70 Wn. App. 64 (1993). There is nothing in the record to remotely suggest that the aesthetic impacts of the comparatively smaller lot sizes reaches this level. Mr. Jones also mentioned an "agreement" that had been reached with area residents on the maximum lot size for the Stipp's and Mt.View projects. It appears that the "agreement" may have been some sort of mutual understanding or assurance made by the City that greater density would not be allowed during the 2006 hearings. Given that all parties probably understood that the 2006 applications were to be the last ruling on density, it is difficult to understand how or why any assurances would be made on future density for the projects. Beyond this, the Examiner could not legally enforce any such agreement. The Examiner is bound to follow the codes of the city and has no authority to impose requirements from other sources, such as implied or express promises. See, Chaussee v. Snohomish County Council, 38 Wn. App. 630 (1984)(examiners have no authority to enforce promissory estoppel). 7. Adequacy of Infrastructure. It is important to recognize that, except for the addition of four lots, the plat design and corresponding infrastructure requirements have not significantly changed since the prior approval of the project in 2006. At the same time, applicable regulations, except as otherwise noted in this decision, have not changed. Under these circumstances the 2006 approval supports findings of adequacy. Specific issues on infrastructure are addressed below: A. Road Design. Mr. Jones testified that the roads that serve the project are too narrow, don't have shoulders and have limited site distance. He didn't provide any more specific information. All frontage improvements and internal road improvements satisfy City code requirements. A traffic study was also done assessing any need for off-site traffic improvements under City code (Ex. 14) under the 2006 application and it was found that the traffic generated by the Stipp's and Mt. View projects combined does not trigger any off-site improvements under the City's adopted level of service standards. Further, it was determined in that traffic study that traffic volumes will remain within adopted level of service standards. Staff reviewed the traffic report in light of the additional traffic generated by the additional four lots of this project and determined that the conclusions of the report still apply. The project complies with all applicable City of Auburn road standards. Mr. Jones also had concerns about the intersection of West Valley Freeway with W. Main Street and W. 15th St. Ms. Chamberlain noted that the project would only add four trips to these intersections, which wouldn't trigger any level of service improvement requirements under City regulations. Further, Ms. Chamberlain noted that improvements were planned for these intersections this summer. The project does not necessitate any improvements to the West Valley Freeway intersections. tPA0757324.DOC;1100083.9000001 } Preliminary Plat p. 6 Findings, Conclusions and Decision Page 8 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 Even if the project is consistent with the City's level of service standards, the more general adequacy standards of the City's subdivision standards can be used to require the Applicant to correct safety problems, so long as the City satisfies the burden of proving that the repairs are necessitated by the project and proportional to the impacts of the development. See Burton v. Clark County, 91 Wn. App. 505, 516- 17 (1998) (government has the burden of proof in establishing nexus /proportionality for development exactions). In this case City staff, with expertise on road design and safety, found no safety problems except for a potential site distance issue at the project site that will be corrected during civil review. Mr. Jones provided no evidence that the road design presented a safety problem. The preponderance of evidence, with the burden on the Applicant, establishes that there are no traffic safety issues associated with the project. The record also does not satisfy the City's burden of supporting any requirement for further traffic exactions. B. Emergency Access. Mr. Jones and others at the hearing were concerned about the absence of a second emergency access point through 58th Street. This issue was more of a concern for the Mt. View project because Stipp's fronts on 56th Avenue, which has multiple emergency access points. As noted by staff and the Applicant, City standards don't require a second access because the Stipp's and Mt.View projects don't have the requisite number of lots to trigger that requirement. The adequacy of these standards is confirmed by the fact that the Valley Regional Fire Authority reviewed the Stipp's and Mt. View projects and expressed no concerns over access. Beyond this it appears that there is a second access point provided through a private gate that can be accessed through by a Knox Box. There was conflicting evidence on whether a pond would prevent emergency vehicles from accessing the Knox Box, however the Applicant gave compelling testimony that he had retained access rights across a lot he formerly owned ( "Tract X ") for emergency access to the gate and that he had worked with the fire department to create this access point. The Applicant may not have satisfied his burden of proof on this issue, but ultimately, this issue does not have to be resolved since a second emergency access point is not necessary for the Stipp's and Mt. View projects. In a related concern, Mr. Jones also believes that 58th St should be made a through street. As noted by Ms. Chamberlain, the City Council made a conscious decision in its recently adopted neighborhood street plan to not extend 58th extended due to the cemetery. The Council's adopted preferences on this issue are conclusive as to measuring the adequacy of the 58th street integration into the City's street grid system. C. Drainage. Mr. Jones also expressed concerns with drainage problems in the area. As previously noted, the projects cannot be required to mitigate problems unless they actually cause the problem. Mr. Jones references currently existing problems and does not provide any evidence that the projects will exacerbate them. The Applicant has already conducted a thorough preliminary drainage analysis for both the Stipp's and Mt.View projects. Staff have found that the proposed drainage plan complies with the 2009 Auburn Surface Water Management Manual, which prohibits any increase in any off -site stormwater run -off or any change in the off -site flow patterns. As proposed, the project has adequate drainage facilities. D. Sewer. Sewer will be provided by the City of Auburn. {PA0757324.DOC;1100083.9000001 } Preliminary Plat P. 7 Findings, Conclusions and Decision Page 9 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 E. Water. Water will be provided by the Lakehaven Utility District, who has issued a certificate of water availability for the project. See Ex. 10. F. Sidewalks. Sidewalks will be provided for the internal roads and along the street frontage of S. 328th St. There are no connecting sidewalks in the vicinity. Children wilt be bussed to school. G. Schools. School impact fees are assessed at the time of building permit issuance to pay for school facilities. Since school impact fees are used to fund adopted level of service standards, it is presumed in the absence of further evidence that the impact fees assure adequate school facilities. H. Parks. Park impact fees are assessed at the time of building permit issuance to pay for park facilities. Since park impact fees are used to fund adopted level of service standards, it is presumed in the absence of further evidence that the impact fees assure adequate park facilities. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 17.10.050 grants the Hearing Examiner with the authority to issue final decisions on preliminary plat applications. ACC 17.18.010 grants the Hearing Examiner with the authority to approve deviations to the City's design standards. However, Section 10.02.040 of the design standards provides that the City Engineer shall approve deviations to grade requirements. It is unclear which regulation (ACC 17.18.010 or Section 10.02.040) were adopted the latest, as the most recent of the two may supersede the other. Since the Examiner and the City Engineer concur in approval of the grade deviation, the Examiner will rule upon the grade modification "just in case" it is later determined that the Examiner has sole jurisdiction on grade deviations. However, should a grade deviation come up again, staff should investigate which provision controls and provide information to support its interpretation, Substantive: 2. Zoning Designation. The property is zoned Single Family Residential District, R -5. The Auburn Comprehensive Plan designation for the property is Single Family Residential. 3. Review Criteria and Application. The criteria for preliminary plat applications are governed by ACC17.10.070. The criteria for deviations are governed by ACC 17.18.030. The criteria for preliminary plat and deviation approval are satisfied as outlined below where each criterion is quoted in italics and applied through corresponding Conclusions of Law. ACC 17.10.070: Preliminary plats shall only be approved if findings of fact are drawn to support the following: {PA0757324.DOC; L\00083.9000001 } Preliminary Plat p. 8 Findings, Conclusions and Decision Page 70 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 ACC 17.10.070(A): Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys other public ways, water supplies, sanitary wastes, parks, play grounds and sites for schools and school grounds. 4. As discussed in the Findings of Fact, adequate infrastructure serves the project while at the same time the project creates no significant adverse impact. The project's higher densities also accommodate urban growth and thereby further the public policy considerations of the Growth Management Act, Chapter 36.70A RCW. Given all these factors, adequate provision is also made for the public health, safety and general welfare. The criterion is satisfied. ACC 17.10.070(B): Conformance of the proposed subdivision to the general purposes of the comprehensive plan 5. As discussed in depth in the staff report for the proposal and incorporated in this conclusion by reference, the purposes of the comprehensive plan have been met by this application. ACC 17.10.070(C): Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council 6. The grid system that serves the project is consistent with the neighborhood street plan recently adopted by the City Council, specifically in not making 58th St. a through street in order to avoid conflicts with the cemetery. ACC 17.10.070(D): Conformance of the proposed subdivision to the general purposes of this title as enumerated in ACC 17.02.030 7. As discussed in depth in the staff report for the proposal and incorporated in this conclusion by reference, the project is in conformance with the general purposes of Title 17 ACC. ACC 17.10.070(E): Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city or as modified and approved as part of a previously approved PUD 8. As discussed in depth in the staff report for the proposal and incorporated in this conclusion by reference (including staff's analysis of ACC 17.16), the project is in conformance with City development standards as required in the criterion quoted above. {PA0757324.DOC;1100083.4000001) Preliminary Plat P. 9 Findings, Conclusions and Decision Page 171 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 ACC 17.10.070(F): The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have cm unacceptable adverse effect upon the quality of the environment 9. The project was issued a SEPA MDNS, which included a mitigation list which has been incorporated into the conditions of approval for this application. The MDNS takes into full consideration any potential adverse impacts on the environment which the project could have and makes a determination on such basis. The project, with conditioned mitigation, will not have unacceptable adverse effects upon the quality of the environment. ACC 17.10.070(G): Adequate provisions are made so the preliminary plat will prevent or abate public nuisances 10. No public nuisances are discernable from the record. DEVIATIONS ACC 17.18.030(A): Such modification is necessary because of special circumstances related to the size shape topography location or surroundings of the subject property to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located. 11. For the grade deviation, the topography, location and surroundings of the property justify the request. The street has already been built at grades up to 10% with several driveway connections. The other properties served by the street obviously were allowed to use the street at the 10% grade and allowing the requested deviation would enable the Applicant the same right. As to the lot access deviation, the surroundings of the property justify the request in that lots across from lots 16 -18 also face S. 328th and the deviation is necessary to accommodate the situation by preventing the existing homes from fronting the backs of the proposed homes. ACC 17.18.030(B): That because of such special circumstances the development of the property in strict conformity with the provision of this title will not allow a reasonable and harmonious use of the property. 12. For the grade deviation, adherence to the applicable 8% grade requirement would necessitate cost prohibitive reconstruction of the road and the installation of retaining walls. The driveways and front yards of the lots on the north side of 328th would also be adversely affected because the grades of those driveways would also likely need to be changed and there would be grade separation to the sidewalks. Adherence to the grade requirements would not only deprive the Applicant of {FA0757324.30C;[100083.9000001 } Preliminary Plat p. 10 Findings, Conclusions and Decision Page 2 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 reasonable and harmonious use, but would also adversely affect the property owners on the north side of S. 328th as well. As to the lot access deviation, it should be recognized that a balancing of public benefit verses private burden is a significant part of a reasonable use analysis. See Beuchel v. Washington State Dept. of Ecology, 125 Wn.12d 196 (1994). In this situation, the deviation is done at least partially at the request of neighboring properties across S.328th from lots lots 1618, who do not wish to have a view of the rear of the proposed homes. Staff are not concerned about safety or other adverse impacts because there S. 328th serves few homes in that area, due to the cemetery property as discussed in Finding of Fact No. 4. Given these factors, the project is marginally necessary for reasonable use of the property and is necessary for harmonious use of the property. ACC 17.18.030(C): That the modification if granted will not alter the character of the neighborhood or be detrimental to surrounding properties in which the property is located 13. The deviations will preserve the character of the neighborhood and will be beneficial to surrounding properties by preserving existing street grades (thereby avoiding disruption to existing driveway connections) and preserving driveway access patterns (thereby preventing lot owners on the north side of S.328th from a rear view of the proposed homes). The criterion is satisfied. ACC 17.18.030(D): Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use circulation and utility plans of the city 14. There is nothing in the record to suggest that the requested deviations will adversely impact the implementation of the comprehensive and utility plans of the City. ACC 17.18.030(E): Literal interpretation of the provisions of this title would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district. 15. As previously discussed, the deviations will enable the Applicant to build within existing grades and provide for consistency with existing lot access design. The criterion is satisfied. ACC 17.18.030(I+): The appro.val of the modification will be consistent with the purpose of this title 16. The approvals of the modifications are consistent with the purpose of the subdivision code as detailed in ACC 17.02.030 because they provide for adequate infrastructure while not materially compromising on safety or public convenience. (PA0757324.DOC;1100083.9000001 } Preliminary Plat p. 11 Findings, Conclusions and Decision Page 73 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD.0 ACC 17.18.030(G): The modification cannot lessen the requirements of the zoning ordinance. 19. The modifications do not violate any Zoning Ordinance provisions. DECISION The preliminary plat application and requested deviations are approved subject to the following conditions: 1. Mitigation measures outlined in the Mitigated Determination of Non - Significance issued July 10, 2006 shall be completed prior to final plat approval. 2. On -site drainage flows from the proposed plat of Mt. View Estates shall be directed to the proposed on -site storm drainage facility to be constructed as part of the Stipp's Meadow project. 3. The Homeowners Association shall maintain those portions of the storm water tract located outside the fenced pond boundary. 4. The Applicant shall provide sewer stubs to the parcels adjacent to all sewer main extensions. 5. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by the City prior to final plat approval. 6. All tracts not dedicate to the City of Auburn shall be maintained by the future Homeowners' Association. 7. Half street improvements shall be required for South 328th Street in accordance with City Design and Construction Standards. 8. Half street improvements shall be required for 56th Avenue South and 58th Avenue South in accordance with the City Design and Construction Standards. The Applicant applied for and was granted a street delay request for 56th Avenue South under recording number 20090217000840. The Applicant may apply for a street delay request for 58th Avenue South. 9. The final plat shall include a note that states no direct residential access to 56th Avenue South, 58th Avenue South, and South 328th Street, except for Lots 16 -18, is permitted. {PA0757324.©OC;1100083.9000001 } Preliminary Plat p. 12 Findings, Conclusions and Decision Page 74 of 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10. The plat modification related to the intersection landing grade where 56th Court South connects into South 328th Street is approved subject to the ADA ramps meeting the City and ADA standards. 11. In the event that the Mt. View Estates plat does not proceed at the same time as the Stipp's Meadow plat, Stipp's Meadow plat will be required to pave the intersection of South 328th Street and 58th Avenue South to provide an asphalt surface for two -way travel in all directions. 12. The existing structures on site shall be demolished prior to any grading work comrnencing on -site. If it exists, asbestos containing material shall be removed prior to demolition of the on -site structures and disposed in accordance with the requirements of the Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and the King County Health Department. 13. The Applicant shall provide the necessary geotechnical analysis as part of the civil plan review to support the low impact development techniques proposed for the storm drainage facilities. The Applicant must demonstrate that the soil conditions on -site are appropriate and that adequate freeboard exists between the proposed on -site storm drainage facilities and the high groundwater elevation. Dated this 11th day of April 2011. ( PA0757324.I)OC;1100083.9000001) Preliminary Plat Phil Olbrechts City of Auburn Hearing Examiner p. 13 Findings, Conclusions and Decision ORD.0 Page 75 of 152 AuBuRN ITY Cdr • wAs - IENGTo Agenda Subject: Ordinance No. 6550 (First Reading) Department: Finance AGENDA BILL APPROVAL FORM Attachments: Ord 6550 Administrative Recommendation: Date: December 31, 2014 Budget Impact: $250,000.00 per year City Council to adopt Ordinance No. 6550. Background Summary: Ordinance No. 6550 levies a .0214% sales tax credit against the state sales tax for local revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature during the 2009 regular session. The intent of the legislation was to provide financial assistance to Cities to assist with financing public improvements in an identified revitalization area to promote community and economic development. The City first applied for the use of local revitalization financing on August 11, 2009 and the Department of Revenue approved the City's application on September 16, 2009, authorizing up to $250,000.00 /yr for the local revitalization program (Promenade capital improvements). In 2010, the City issued $7.24 million in 2010 C/D Bonds for the purpose of funding capital improvements for the Promenade. Annual debt service payments for these bonds continue through the year 2035. Funds from the sales tax credit, combined with REET2 funds are used to pay for the annual debt service costs of the local revitalization project. As of the end of 2013, the remaining principal balance is $6.36 million. The tax credit is available to the City for up to 25 years. 2015 will be the sixth year that the City has asked the State for the tax credit. As provided by the state, in order for the City to continue receiving the tax credit, the City must request the tax credit each year by Ordinance. Based upon historical taxable retail sales, the above rate of .0214% is estimated to generate $250,000 for local revitalization funding during the State's fiscal year July 1, 2015 — June 30, 2016. ORD.D AUBURN * MORE THAN YOU IMAGINED Page 76 of 152 Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: January 20, 2015 Item Number: ORD.D ORD.D AUBURN * MORE THAN YOU IMAGINED Page 77 of 152 ORDINANCE NO. 6 5 5 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING THE LOCAL SALES AND USE TAX RATE FOR LOCAL REVITALIZATION FINANCING FOR 2015 WHEREAS, The City of Auburn ( "City ") enacted Ordinance 6301 on April 19, 2010, which established a local sales and use tax as provided for in Section 39.14.510 of the Revised Code of Washington ( "RCW "); and, WHEREAS, this tax is imposed in order to pay the debt service on Local Revitalization Financing bonds in accordance with Chapter 39.14 RCW; and, WHEREAS, Chapter 39.14 RCW provides that the City shall, from time to time, adjust the tax rate so that it is set at the rate reasonably necessary to receive the state contribution over 10 months, in accordance with RCW 82.14.510(3); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The sales and use tax rate established in Section 3.2 of Ordinance 6301 is hereby amended to .0214% beginning July 1, 2015. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6550 January 13, 2015 ORD.IDge 1 of 2 Page 78 of 152 Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. FIRST READING: SECOND READING: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Daniel B. Hei. , _ ' ttorney Published: Ordinance No. 6550 January 13, 2015 ORDt ge 2 of 2 Page 79 of 152 AuBuRN ITY Cdr • wAs - IENGTo Agenda Subject: Ordinance No. 6551 (First Reading) Department: Finance AGENDA BILL APPROVAL FORM Attachments: Ord 6551 Administrative Recommendation: Date: January 7, 2015 Budget Impact: $0 City Council approve and adopt Ordinance No. 6551. Background Summary: Ordinance No. 6551 provides for revision to Auburn City Code Chapter 13. Section 13.06.280 is amended to reflect a change in the due date of Utility Bill payments from 15 days to 20. Section 13.06.290 is amended to include the lien statute. Section 13.06.300 is amended to extend the grace period for delinquent payments from 20 to 25 days. Section 13.06.300 is also amended to change the placement of physical door tags to mailed notification the time from billing to shut off from 43 to 49 days. The Finance Department in conjunction with Public Works, recommends replacing the door tag notices with a shut off notice that will be mailed to the customer at least seven days prior to a service interruption. Commercial and Multi- family service class accounts will continue to receive at least a two -hour warning prior to service interruption. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: January 20, 2015 Item Number: ORD.E ORD.E AUBURN * MORE THAN YOU IMAGINED Page 80 of 152 ORDINANCE NO. 6 5 5 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13.06.280, 13.06.290, AND 13.06.300 OF THE AUBURN CITY CODE RELATING TO LIENING AND NOTICING OWNERS WHO HAVE FAILED TO PAY THEIR UTILITY CHARGES OF WATER SERVICE TERMINATION WHEREAS, the City's current practice of physically placing notices of impending water service termination on residents' doors requires an excessive amount of City time and labor; and WHEREAS, mailing notices to residents who have not paid their utility charges on time is much less costly than hanging notices on the residents' doors; and WHEREAS, substituting mailed disconnection notices for ones placed on doors will not change the City's current practice of providing multi - family and commercial customers with at least a 2 -hour notice of disconnection in addition to other notices; and WHEREAS, state law requires seven -day written notice of disconnection to residence of multi - family rental units; and WHEREAS, adopting a process for mailing disconnection notices seven days prior to water service termination is in the public's interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 13.06.280 of the City of Auburn City Code is amended to read as follows: Ordinance No. 6551 January 13, 2015 ORD.EPage 1 of 3 Page 81 of 152 13.06.280 Service charges — Payment dates. A. Payment for water service charges shall be due and payable to the finance department office 15 20 days after the billing date appearing on the bill. B. Water will be billed according to the rates in effect at time of service for those properties inside the city limits, and increased rates may be in effect for customers served outside the city limits. (Ord. 6098 § 1, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) Section 2. Amendment to City Code. Section 13.06.290 of the City of Auburn City Code is amended to read as follows: 13.06.290 Service charges — Liability — Nonpayment action. All water rates will be charged against the premises for which the service was installed. All charges for water, when the same become delinquent and unpaid, shall be a lien against the premises to which the same has been furnished. The lien shall be superior to all other liens or encumbrances except those for general taxes and special assessments. When any charges for water become delinquent against any premises, the water shall be shut off until such charges are paid. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) Section 3. Amendment to City Code. Section 13.06.300 of the City of Auburn City Code is amended to read as follows: 13.06.300 Service charges — Payment delinquency. A. Twenty -five (25) days after the billing date a late fee will be added to the billing as listed in ACC 13.06.511. Twenty Forty -two (42) days after atefees the billing date, accounts with outstanding balances will the city will mail a shut -off notice to both a premises' address and to the owner's address that is on file with the city.--T-11ree Forty -nine (49) days after the - - - - - - - - - = billing date, water service to accounts with outstanding balances will be turned off. Service shall not be restored until full payment of the delinquent amount together with fees, charges, fines or penalties pursuant to ACC 13.06.511 is received. If delinquency payment is not made by 2:00 p.m., water service may not be turned on until the next normal working day. In lieu of a mailed notice, the city may cause a shut -off notice to be served upon the premises or upon an owner. B. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges when due or for lack of notice. It is the responsibility of the property owner to provide to the city notification of changes in ownership or tenancy of property and changes in mailing addresses must be provided to the city. (Ord. 6098 § 2, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) Ordinance No. 6551 January 13, 2015 ORD.E Page 2 of 3 Page 82 of 152 Section 4 Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. 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. FIRST READING: SECOND READING: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP ° •VE! '� O O'M. ianiel B. Heid;City Attorney Published: Ordinance No. 6551 January 13, 2015 ORD.EPage 3 of 3 Page 83 of 152 AUBURN WASH o AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 5101 January 6, 2015 Department: Attachments: Budget Impact: Administration Res5101 $0 ExhibitA Map Exhibit A -1 Exhibit B Map exhibit B -1 Exhibit B -2 Exhibit B-4 Exhibit B -3 Exhibit B -5 Administrative Recommendation: approve Resolution No. 5101 Background Summary: For a number of years, the City of Auburn and the City of Kent have been working together to address some right -of -way and city boundary issues related to and in the vicinity of S. 277th Street. In connection therewith, the City Council of the City of Auburn passed its Resolution No. 5095 on September 2, 2014, which resolution authorized the Mayor to execute an agreement with the City of Kent regarding Auburn's S. 277th Street Corridor Project and jurisdiction over the S. 277th Street Corridor. As was addressed in the Agreement between the two cities, portions of S. 277th Street are currently within the jurisdictions of Auburn, Kent, and King County. This results in issues with coordination of maintenance responsibilities, permitting requirements, and development review. Bringing the entire roadway right -of -way from Auburn Way South to approximately 723 feet east of the L Street NE intersection into Auburn's jurisdiction will improve the ability of the City of Auburn to effectively manage the facility as well as the City's S. 277th Street Corridor Capacity and Non - motorized Trail Improvement project. The Agreement with the City of Kent defined where the future jurisdictional boundaries and maintenance responsibilities of the two Cities along S. 277th Street will be, and defined the future intent for the L Street NE signal and coordination of the City of Auburn's S. 277th Street Corridor Project. RES.A AUBURN * MORE THAN YOU IMAGINED Page 84 of 152 That Agreement set the stage for Resolution No. 5101 and a corollary Resolution to be subsequently passed by the Kent City Council. When passed by their respective city councils, these two resolutions will accomplish the change in boundaries between the two cities, in accordance with RCW 35.10.217. Auburn's Resolution is the first of the two to be brought forward, with Kent's to follow as per the state statute. Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 RES.A Staff: Heid Item Number: RES.A AUBURN * MORE THAN YOU IMAGINED Page 85 of 152 RESOLUTION NO. 5 1 0 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, FOR THE ANNEXATION OF A PORTION OF PROPERTY TO THE CITY OF AUBURN SIMULTANEOUSLY TO ITS DEANNEXATION FROM THE CITY OF KENT, PURSUANT TO RCW 35.10.217(2), AND AUTHORIZING CITY STAFF TO FILE A NOTICE OF INTENT TO ANNEX WITH THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY WHEREAS, RCW 35.10.217(2) authorizes the legislative body of a city or town on its own initiative by resolution to indicate its desire to be annexed to a city or town in whole or in part, which annexation shall become effective upon the adoption of a resolution by the other city or town concurring in the annexation; and WHEREAS, after consultations between representatives of the cities of Kent and Auburn, it was determined that it would be advantageous to both cities for certain territory currently located within the corporate limits of the City of Kent and adjacent to the City of Auburn to be annexed to the City of Auburn; and WHEREAS, in connection with such annexation /de- annexation, the cities of Auburn and Kent have committed to coordinate and cooperate with respect to any planning, transportation or development issues that affect the cities; and WHEREAS, contemporaneous with the consideration of this Resolution, the City of Kent is considering this annexation /de- annexation action because of the mutual benefits to both cities and their common infrastructure needs; and WHEREAS, the annexation shall be effective following adoption of Resolutions by both cities of Auburn and Kent in support of the annexation; and WHEREAS, the requirements of the State Environmental Policy Act and applicable Environmental Procedures have been complied with; and WHEREAS, this annexation is subject to review by the Washington State Boundary Review Board for King County; and Resolution No. 5101 January 6, 2014 Page 1 RES.A Page 86 of 152 WHEREAS, the two cities have reached an agreement with respect to the annexation /de- annexation, approved by the City Council of the City of Auburn, Washington, through its Resolution No. 5095, passed on September 2, 2014. NOW THEREFORE, AND IN FURTHERANCE THEREOF, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The City Council of the City of Auburn indicates, pursuant to the provisions of RCW 35.10.217 (2), its desire to adjust the boundaries between the cities of Auburn and Kent, annexing into the City of Auburn and de- annexing from the City of Kent certain territory currently located within the City of Kent, and de- annexing from the City of Auburn and annexing into the City of Kent certain territory currently located within the City of Auburn, and an area to be deeded from the City of Kent to the City of Auburn (Exhibit B- 2), with said annexations and de- annexations occurring contemporaneous in accordance with the following exhibits: Territory all situate In King County, Washington, to be annexed into the City of Auburn and de- annexed from the City of Kent, and annexed into the City of Kent and de- annexed from the City of Auburn, as described in and as shown (on the maps) of `Exhibit "A" Map' and `Exhibit "B" Map,' and 'Exhibit A -1,' `Exhibit B -1,' `Exhibit B -2,' 'Exhibit B -3,' 'Exhibit B -4,' and `Exhibit B -5,' which exhibits are attached hereto, incorporated herein by these references, and marked accordingly. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including transmitting a copy of this Resolution to the City Clerk of Kent, and mailing notices of the public hearing at which the second resolution is adopted to the owners of the property within the area proposed to be annexed, in accordance with Chapter 35.43 RCW and Section 35.10.217(2) RCW. Section 3. City Staff are hereby authorized and directed to file the appropriate Notice of Intent to Annex with the Washington State Boundary Review Board for King County. Section 4. This Resolution shall be in full force and affect upon passage and Resolution No. 5101 January 6, 2014 Page 2 RES.A Page 87 of 152 signatures hereon. DATED and SIGNED this day of 2014. ATTEST: Danielle E. Daskam, City Clerk APPRP !► AS FORM: Daniel B. Heid, Ci y A ttorney Resolution No. 5101 January 6, 2014 Page 3 RES.A CITY OF AUBURN NANCY BACKUS, MAYOR Page 88 of 152 RCW 35.10.217 35.10.217 Methods for annexation. The following methods are available for the annexation of all or a part of a city or town to another city or town: (1) A petition for an election to vote upon the annexation, which proposed annexation is approved by the legislative body of the city or town from which the territory will be taken, may be submitted to the legislative body of the city or town to which annexation is proposed. An annexation under this subsection shall otherwise conform with the requirements for and procedures of a petition and election method of annexing unincorporated territory under chapter 35.13 RCW, except for the requirement for the approval of the annexation by the city or town from which the territory would be taken. (2) The legislative body of a city or town may on its own initiative by resolution indicate its desire to be annexed to a city or town either in whole or in part, or the legislative body of a city or town proposing to annex all or part of another city or town may initiate the annexation by adopting a resolution indicating that desire. In case such resolution is passed, such resolution shall be transmitted to the other affected city or town. The annexation is effective if the other city or town adopts a resolution concurring in the annexation, unless the owners of property in the area proposed to be annexed, equal in value to sixty percent or more of the assessed valuation of the property in the area, protest the proposed annexation in writing to the legislative body of the city or town proposing to annex the area, within thirty days of the adoption of the second resolution accepting the annexation. Notices of the public hearing at which the second resolution is adopted shall be mailed to the owners of the property within the area proposed to be annexed in the same manner that notices of a hearing on a proposed local improvement district are required to be mailed by a city or town as provided in chapter 35.43 RCW. An annexation under this subsection shall be potentially subject to review by a boundary review board or other annexation review board after the adoption of the initial resolution, and the second resolution may not be adopted until the proposed annexation has been approved by the board. (3) The owners of property located in a city or town may petition for annexation to another city or town. An annexation under this subsection shall conform with the requirements for and procedures of a direct petition method of annexing unincorporated territory, except that the legislative body of the city or town from which the territory would be taken must approve the annexation before it may proceed. (4) All annexations under this section are subject to potential review by the local boundary review board or annexation review board. [1986 c 253 § 1; 1985 c 281 § 15; 1969 ex.s. c 89 § 4.] Resolution No. 5101 January 6, 2014 Page 4 RES.A Page 89 of 152 276th ST 17 2 +75. 36'LT Aubum City Limits g- Ord 4770 At 4789 $ 27615 ST W 2 +25 355 3' BRASS DISK SET IN CONC IN MON CASE S.W. COR R.H. BEATTY DLC N 0 z J 0 z6 00° 7 +46.30 IGE1C SU 15+0°A0 0 z 73 7 0 rn 65' N., 1'01'01' \ R- 2810.06' L= 49.87' WS00T 111 +25 5t W 1+05, 451T -jj 6g�pgE i754 0IU 010 �Ea yc� C.A. 72'31'01 R= 50.00' I L= 63.28' 111+75, 55' LT i 2002 T.L. 000040 -0001 SEE EXHIBIT A -1 DESCRIPTION AREA DEEDED TO THE CITY OF KENT BY DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9706090895 AND CORRECTION DEED RECORDED UNDER RECORDING NUMBER 20121231000964, PRESENTLY UNDER CITY OF KENT JURISDICTION BY KENT ANNEXATION ORDINANCE 3661 TO BE DE- ANNEXED FROM KENT AND ANNEXED INTO THE CITY OF AUBURN 5 88'59'57' E 856.27' 64'48'19 E 136.0' 1 T.L936000 -01991 m '4110 ') q �G 0 z c, 0 .p z,QT.L. 936000 -0200 r° Z o -% u, 0 a gIL°7 < O 0�� 3 I3 s I 30' THE BASIS OF BEARINGS FOR LINES SHOWN HEREON IS IDENTICAL WITH THE RIGHT OF WAY "EXHIBIT A" FOR SOUTH 272nd/277th STREET CORRIDOR, SOUTH CENTRAL AVENUE TO KENT - KANGLEY ROAD (SR -516), SHEET 1 OF 2, PREPARED BY THE CITY OF KENT DATED 11- 22 -99, QUIT CLAIM DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 9706090895, AND CORRECTION DEED RECORDED UNDER RECORDING NUMBER 20121231000964, ALL OF WHICH IDENTIFY THE BEARING FOR THE SOUTH LINE OF THE R.H. BEATY DONATION LAND CLAIM AS SOUTH 88'59'57" EAST. 30 6''S9'E (Radial) R 25.00 31'04' S 70718' - R 25N7.00 28'56' 88'42' E L- 32.94' L ■45.80' SEE EXHIBIT A -1 DESCRIPTION T.L. 000040 -0001 AREA DEEDED TO THE CITY OF KENT BY DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9706090895 AND CORRECTION DEED RECORDED UNDER RECORDING NUMBER 20121231000964, PRESENTLY UNDER CITY OF KENT JURISDICTION BY KENT ANNEXATION ORDINANCE 3661 TO BE DE- ANNEXED FROM KENT AND ANNEXED INTO THE CITY OF AUBURN 0 200 y of Kent Jurisdiction ` f; =' rS 88'59'57' SOUTH 277th Street King County Jurisdiction Auburn City Limits N Line Cox ILC N 88'59'57" W 1423.18' Kent deed City of Kent Jurisdiction S 88'59 57 E 2643.32 MON TO MSN 2738.77' TOTAL b 0 z N 88'59'57" W 1430.33 S Line Beatt DLC Auburn City Limits (N Line Cox DLC) 2" CONC FILLED IRON PIPE IN DITCH S.E. COR R.H. BEATTY DLC 0 T.L. 000220 -0001 T.L. 936060 -0350 WHITE RIVER VALLEY HOME TRACTS NO. 2 WHITE RIVER VALLEY HOME TRACTS NO. 2 T.L. 936060 -0340 T.L. 936060 -0323 T.L. 936060 -0330 x 0 U T.L. 936060 -0320 NOTES: 1. Basis of bearings for this map is deed recorded under recording number 20121231000964, Records of King County, Washington. 2. This drawing was prepared to accompany legal description for annexation and de- annexation between the Cities of Auburn and Kent along the South 277th Street corridor. 0:\ SURVEY\ PROJECTS\ C222A- 277thStreet(EastofAWN) \Annexation \Kent Annex near 8861 - Aug 2014 Exhlbitdwg 0 z LLi 0 av -ai- WASHINGTON CITY OF AUBURN PUBLIC WORKS DEPARTMENT EXHIBIT "A" MAP AUBURN - KENT ANNEXATION EXHIBIT SOUTH 277TH STREET CORRIDOR PROJ: C222A0 August 6, 2014 SCALE: 1"=200' DRAWN BY: RRB RES.A Page 90 of 152 EXHIBIT A -1 AUBURN WAY NORTH AND S. 277TH STREET DESCRIPTION (AREA CURRENTLY UNDER KENT JURISDICTION IN THE VICINITY OF 86TH AVENUE SOUTH TO BE DE- ANNEXED FROM KENT AND ANNEXED TO THE CITY AUBURN) THOSE PORTIONS OF THE R.H. BEATTY DONATION LAND CLAIMS, NUMBERS 37 AND 44, WITHIN SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AND SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: EXHIBIT A LEGAL DESCRIPTION CONTAINED IN CORRECTION QUIT CLAIM DEED RECORDED DECEMBER 31, 2012 UNDER RECORDING NUMBER 20121231000964, RECORDS OF KING COUNTY, WASHINGTON. O:\ Survey\ Projects \C222a \Annexation \Proposed KC -Kent Annex Desc Feb 2013 -1 -14 \Exhibit A -1.doc 08/06/2014 RES.A 1 Page 91 of 152 N 00'34'52" E 98.00' SEE EXHIBIT B -3 DESCRIPTION PORTION OF LANDS DEEDED TO THE CITY OF KENT PER RECORDING NUMBER 20020913001230 TO BE DE— ANNEXED FROM KENT AND ANNEXED INTO AUBURN. N 89'40'13" W 817.74' S 86'05'23" W 268.24' SEE EXHIBIT B -4 DESCRIPTION PORTION OF LANDS DEEDED TO THE CITY OF KENT PER RECORDING NUMBER 20020913001230 TO REMAIN IN KENT. N 86'15'26" E 649.93' o" N rn 0 200 \\\ 400 F NE Corner of W.A. Cox DLC No. 38, the SE Corner of R.H. Beatty DLC Nos 37 & 44 and the NW Corner of G.E. King DLC No. 40 S 89'00 01 E 638.43 80' Strip Dedication Deed to Auburn S 01'48'01" W from Port of Seattle 20080807001041 20.00' Parcel lines from deed 20080807001041 N 89'00 01 ' W 1156.72' SEE EXHIBIT B -2 DESCRIPTION PORTION OF LANDS DEEDED TO THE CITY OF KENT PER RECORDING NUMBER 199612181122, LYING SOUTH OF NORTH LINE OF AUBURN ORDINANCE 2511, TO BE DEEDED FROM THE CITY OF KENT TO THE CITY OF AUBURN, TO REMAIN IN AUBURN. SEE EXHIBIT B -1 DESCRIPTION N PORTION OF LANDS DEEDED TO THE CITY OF KENT PER RECORDING NUMBER 199612181122, LYING SOUTH OF NORTH LINE OF AUBURN ORDINANCE 2511, TO BE DE— ANNEXED FROM AUBURN AND ANNEXED INTO CITY OF KENT. North Auburn City Limit line - current jurisdictional boundary - is the north line of GE King DLC and its easterly extension to the thread of the Green River per City of Auburn Annexation Ordinance 2511, approved December 21, 1970 0:\ SURVEY\ PROJECTS\ C222A- 277thStreet(EastofAWN) \Annexation \Proposed KC —Kent Annex Desc Feb 2013- 14 \KNT —AUB Annex B —W Exhibit Map rev 12- 23- 2014.dwg Line Bearing Distance L1 N 88'00'53 "E 39.49' L2 N 85'52'22 "E 81.11' L3 S 03'54'10 "E 30.24' L4 S 03'54'10 "E 20.07' 9'09'2 S 34'20'21" E 83.61' SEE EXHIBIT B -5 DESCRIPTION PORTION OF LANDS ANNEXED BY CITY OF AUBURN BY AUBURN ORDINANCE 2511, TO BE DE— ANNEXED FROM AUBURN AND ANNEXED INTO CITY OF KENT. THE SOUTHWESTERLY PROLONGATION OF THE SOUTH LINE OF DNR AQUATIC LEASE AREA FOR EXISTING PEDESTRIAN BRIDGE AS SHOWN ON RECORD OF SURVEY FILED IN VOLUME 121 OF SURVEYS AT PAGE 157 UNDER RECORDING NUMBER 199804299002, RECORDS OF KING COUNTY, WA. v 0 NOTES: 1. Basis of bearings is Record of Survey filed in Volume 180 of Surveys at Pages 81 through 87, under recording number 20041214900004, records of King County, Washington. 2. This drawing was prepared by City of Auburn to accompany legal descriptions for annexation and de— annexation between the Cities of Auburn and Kent along the South 277th Street corridor. N M ✓ 0 t w Z of a� CITY OF --t."-- U; WASHINGTON CITY OF AUBURN PUBLIC WORKS DEPARTMENT EXHIBIT "B11 MAP AUBURN - KENT ANNEXATION EXHIBIT SOUTH 277TH STREET CORRIDOR PROJ: C222A0 December 23, 2014 SCALE: 1"=200' DRAWN BY: RRB RES.A Page 92 of 152 EXHIBIT B -1 AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION (PORTION OF LANDS CURRENTLY UNDER AUBURN JURISDICTION, DEEDED TO KENT BY BRISTOL PROPERTY, LLC, IN 1996 AND TO BE DE- ANNEXED FROM AUBURN AND ANNEXED INTO KENT) THAT PORTION THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 199612181122, LOCATED IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER 38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING D.L.C. NUMBER 40; THENCE ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 SOUTH 89 °00'01" EAST A DISTANCE OF 638.43 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 199612181122; THENCE CONTINUING ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 AND THE NORTH LINE OF SAID LANDS SOUTH 89 °00'01" EAST A DISTANCE OF 987.47 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 03 °54'10" EAST A DISTANCE OF 20.07 FEET TO THE SOUTH LINE OF SAID LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 199612181122, ALSO BEING THE NORTH LINE OF TRAIL RUN DIVISION 1 AS RECORDED IN VOLUME 244 OF PLATS AT PAGES 7 THROUGH 15, INCLUSIVE, UNDER RECORDING NUMBER 20071204000971, RECORDS OF KING COUNTY, WASHINGTON; THENCE ALONG SAID SOUTH LINE AND THE NORTH LINE OF TRAIL RUN DIVISION 1 SOUTH 89 °00'01" EAST A DISTANCE OF 167.25 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE AND THE NORTH LINE OF TRAIL RUN DIVISION 1 SOUTH 79 °09'27" EAST A DISTANCE OF 580.87 FEET TO THE SOUTHEAST CORNER OF SAID LANDS; THENCE ALONG THE EASTERLY LINE OF SAID LANDS NORTH 34 °20'21" WEST A DISTANCE OF 60.80 FEET; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID LANDS NORTH 46 °27'05" WEST A DISTANCE OF 103.07 FEET TO THE NORTHEAST CORNER OF SAID LANDS AND THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40; THENCE ALONG LAST SAID NORTH LINE NORTH 89 °00'01" WEST A DISTANCE OF 630.19 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81 THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER 20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS NORTH 89 °00'01" WEST. O:\ SURVEY\ PROJECTS\ C222A- 277thStreet (EastofAWN)\Annexation \Proposed KC -Kent Annex Desc Feb 2013 -14 \Exhibit B -1.doc 08/06/2014 RES.A 1 Page 93 of 152 EXHIBIT B -2 AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION (PORTION OF LANDS CURRENTLY UNDER AUBURN JURISDICTION, DEEDED TO KENT BY BRISTOL PROPERTY, LLC, IN 1996 AND TO BE DEEDED FROM CITY OF KENT TO THE CITY OF AUBURN) THAT PORTION THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 199612181122, LOCATED IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER 38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING D.L.C. NUMBER 40; THENCE ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 SOUTH 89 °00'01" EAST A DISTANCE OF 638.43 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 199612181122 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 AND THE NORTH LINE OF SAID LANDS SOUTH 89 °00'01" EAST A DISTANCE OF 987.47 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 03 °54'10" EAST A DISTANCE OF 20.07 FEET TO THE SOUTH LINE OF SAID LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 199612181122; THENCE ALONG SAID SOUTH LINE NORTH 89 °00'01" WEST A DISTANCE OF 989.47 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01 °48'01" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81 THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER 20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS NORTH 89 °00'01" WEST. 0: SURVEY \ PROJECTS \C222A-277thStreet(EastofAWN)\Annexation\ Proposed KC -Kent Annex Desc Feb 2013 -14 \EXHIBIT B -2 rev 12- 23- 2014.docx RES.A 1 Page 94 of 152 EXHIBIT B -4 AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION (AREA CURRENTLY UNDER KENT JURISDICTION TO REMAIN IN KENT) THAT PORTION THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 20020913001230, LOCATED IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER 38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING D.L.C. NUMBER 40; THENCE ALONG THE EAST LINE OF SAID BEATTY D.L.C. NORTH 00 °34'52" EAST A DISTANCE OF 98.00 FEET TO THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 20020913001230; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS SOUTH 89 °40'13" EAST A DISTANCE OF 817.74 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 86 °05'23" EAST A DISTANCE OF 268.24 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 86 °15'26" EAST A DISTANCE OF 411.40 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 02 °32'06" EAST A DISTANCE OF 143.99 FEET TO THE EXISTING TOP BACK OF CONCRETE CURB; THENCE ALONG SAID EXSITING TOP BACK OF CONCRETE CURB NORTH 88 °00'53" EAST A DISTANCE OF 39.49 FEET; THENCE ALONG SAID EXSITING TOP BACK OF CONCRETE CURB NORTH 85 °52'22" EAST A DISTANCE OF 81.11 FEET; THENCE LEAVING SAID CURB SOUTH 03 °54'10" EAST A DISTANCE OF 30.24 FEET TO THE SOUTH LINE OF SAID LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 20020913001230 ALSO BEING THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40; THENCE ALONG SAID SOUTH LINE SOUTH 89 °00'01" EAST A DISTANCE OF 630.19 FEET TO THE SOUTHEAST CORNER OF SAID LANDS, ALSO BEING ON THE SOUTHWESTERLY PROPERTY LINE OF THE LANDS CONVEYED TO KING COUNTY AND SHOWN IN SURVEY RECORDED UNDER KING COUNTY RECORDING NUMBER 8003079002; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 46° 27'34" WEST A DISTANCE OF 345.15 FEET TO THE NORTHEAST CORNER OF SAID LANDS; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS SOUTH 80 °41'11" WEST A DISTANCE OF 274.29 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 86 °15'26" WEST A DISTANCE OF 238.53 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARING FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81 THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER 20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS NORTH 89 °00'01" WEST. O:\ SURVEY\ PROJECTS\ C222A- 277thStreet (EastofAWN)\Annexation \Proposed KC -Kent Annex Desc Feb 2013 -14 \EXHIBIT B -4.doc 08/06/2014 RES.A 1 Page 95 of 152 EXHIBIT B -3 AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION (AREA CURRENTLY UNDER KENT JURISDICTION TO BE ANNEXED BY AUBURN) THAT PORTION THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 20020913001230, LOCATED IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER 38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING D.L.C. NUMBER 40; THENCE ALONG THE EAST LINE OF SAID BEATTY D.L.C. NORTH 00 °34'52" EAST A DISTANCE OF 98.00 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS SOUTH 89 °40'13" EAST A DISTANCE OF 817.74 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 86 °05'23" EAST A DISTANCE OF 268.24 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 86 °15'26" EAST A DISTANCE OF 411.40 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 02 °32'06" EAST A DISTANCE OF 143.99 FEET TO THE EXISTING TOP BACK OF CONCRETE CURB; THENCE ALONG SAID EXSITING TOP BACK OF CONCRETE CURB NORTH 88 °00'53" EAST A DISTANCE OF 39.49 FEET; THENCE ALONG SAID EXSITING TOP BACK OF CONCRETE CURB NORTH 85 °52'22" EAST A DISTANCE OF 81.11 FEET; THENCE LEAVING SAID CURB SOUTH 03 °54'10" EAST A DISTANCE OF 30.24 FEET TO THE SOUTH LINE OF SAID LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 20020913001230, ALSO BEING THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40; THENCE ALONG SAID SOUTH LINE NORTH 89 °00'01" WEST A DISTANCE OF 1625.90 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81 THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER 20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS NORTH 89 °00'01" WEST. O:\ SURVEY\ PROJECTS\ C222A- 277thStreet (EastofAWN)\Annexation \Proposed KC -Kent Annex Desc Feb 2013 -14 \Exhibit B -3.doc 08/06/2014 RES.A 1 Page 96 of 152 EXHIBIT B -5 AUBURN WAY NORTH AND S. 277TH STREET ANNEXATION (PORTION OF LANDS CURRENTLY UNDER AUBURN JURISDICTION, LYING EAST OF THE LANDS DEEDED TO KENT BY BRISTOL PROPERTY, LLC, IN 1996, TO BE DE- ANNEXED FROM AUBURN AND ANNEXED INTO CITY OF KENT) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON LOCATED EASTERLY OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 199612181122, SAID PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE W. A. COX D.L.C. NUMBER 38, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44 AND THE NORTHWEST CORNER OF THE G.E. KING D.L.C. NUMBER 40; THENCE ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 SOUTH 89 °00'01" EAST A DISTANCE OF 638.43 FEET TO THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 199612181122; THENCE CONTINUING ALONG THE NORTH LINE OF SAID G.E. KING D.L.C. NUMBER 40 AND THE NORTH LINE OF SAID LANDS SOUTH 89 °00'01" EAST A DISTANCE OF 1617.66 FEET TO THE NORTHEAST CORNER OF SAID LANDS AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LANDS SOUTH 46 °27'05" EAST A DISTANCE OF 103.07 FEET; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID LANDS SOUTH 34 °20'21" EAST A DISTANCE OF 60.80 FEET TO THE SOUTHEAST CORNER OF SAID LANDS; THENCE SOUTH 34 °20'21" EAST A DISTANCE OF 83.61 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE SOUTH LINE OF THE DNR AQUATIC LEASE AREA FOR EXISITING PEDESTRIAN BRIDGE AS SHOWN ON RECORD OF SURVEY FILED IN VOLUME 121 OF SURVEYS AT PAGE 157, UNDER RECORDING NUMBER 199804299002, RECORDS OF KING COUNTY, WASHINGTON; THENCE ALONG SAID SOUTHWESTERLY PROLONGATION NORTH 70 °40'48" EAST A DISTANCE OF 230 FEET, MORE OR LESS, TO THE EASTERLY LINE OF CITY OF AUBURN ANNEXATION ORDINANCE 2511 APPROVED DECEMBER 21, 1970 AND THE THREAD OF THE GREEN RIVER; THENCE NORTHERLY ALONG LAST SAID EASTERLY LINE AND THE THREAD OF THE GREEN RIVER TO THE EASTERLY EXTENSION OF SAID NORTH LINE OF THE G.E. KING D.L.C. NUMBER 40 AND THE NORTHEAST CORNER OF SAID ANNEXATION ORDINANCE 2511; THENCE ALONG SAID EASTERLY EXTENSION, ALONG SAID NORTH LINE OF THE G.E. KING D.L.C. NUMBER 40 AND ALONG THE NORTH LINE OF SAID ANNEXATION ORDINACE 2511 TO THE POINT OF BEGINNING. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NAD83 -91 AS DEFINED IN RECORD OF SURVEY FILED IN VOLUME 180 OF SURVEYS AT PAGES 81 THROUGH 87, INCLUSIVE AND RECORDED UNDER RECORDING NUMBER 20041214900004, RECORDS OF KING COUNTY, WASHINGTON, WITH THE BEARING OF THE NORTH LINE OF G.E. KING D.L.C. NUMBER 40 SHOWN AS NORTH 89 °00'01" WEST. O:\ SURVEY\ PROJECTS\ C222A- 277thStreet (EastofAWN)\AnnexatUon \Proposed KC -Kent Annex Desc Feb 2013 -14 \EXHIBIT B -5.doc 08/06/2014 RES.A 1 Page 97 of 152 (Ark' UBURN wAs - IENGTo Agenda Subject: Resolution No. 5116 Department: Finance AGENDA BILL APPROVAL FORM Attachments: Res 5116 Administrative Recommendation: Date: January 7, 2015 Budget Impact: $0 Approve Grant Receipt for $22,692.23 Background Summary: Seattle -King County Department of Public Health requests to enter into a contract with the City of Auburn for the Local Hazardous Waste Management Program. King County has extended $22,692.23 for the City to promote the Neighborhood Natural Yard Care Program to one neighborhood and provide hazardous waste education to residents. Neighborhood Natural Yard Care Program Three workshop presentations will be given to an Auburn neighborhood. The presentations will focus on various yard care techniques that contribute to environmental health and safety. The Water and Storm Utilities also contribute resources to this program. Residential Hazardous Waste Education Household hazardous waste education to residents will include: a postcard, flyer, or newsletter mailed to residents and a consultant to provide outreach at City- sponsored events. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: January 20, 2015 Item Number: RES.B RES.B AUBURN * MORE THAN YOU IMAGINED Page 98 of 152 RES.B AUBURN * MORE THAN YOU IMAGINED Page 99 of 152 RESOLUTION NO. 5 1 1 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SERVICES CONTRACT WITH THE SEATTLE -KING COUNTY DEPARTMENT OF PUBLIC HEALTH FOR REIMBURSEMENT OF FUNDS RELATED TO 2015 LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM ACTIVITIES WHEREAS, the Seattle King- County Department of Public Health has agreed to reimburse the City of Auburn in the amount of $22,692.23 for costs associated with the City's Local Hazardous Waste Management Program; and WHEREAS, in order to accept the monies offered by the Seattle -King County Department of Public Health, it is necessary for the City to enter into a services contract which specifies the administrative procedures governing the reimbursement of funds spent in the City's Local Hazardous Waste Management Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are authorized to execute the King County Contract for Services, which contract shall be in substantial conformity with PHSKC Agreement # EHS3667, a copy of is which attached hereto and incorporated by reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including providing for the expenditure and appropriation therefore in appropriate budget documents. Resolution No. 5116 January 8, 2015 Page 1 of 2 RES.B Page 100 of 152 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2015. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED A TO FORM: Daniel B. City Attorney Resolution No. 5116 January 8, 2015 Page 2 of 2 RES.B Page 101 of 152 Public Health ' Seattle & King County COMMUNITY SERVICES AGREEMENT PHSKC Agreement # EHS3667 This Agreement is between King County and the Recipient identified below. The County department overseeing the work to be performed in this Agreement is the Department of Public Health (PHSKC). RECIPIENT NAME CITY OF AUBURN RECIPIENT FEDERAL TAX ID # 91- 6001228 RECIPIENT ADDRESS 25 W Main St. Auburn, WA 98001 -4998 RECIPIENT CONTACT & EMAIL ADDRESS Joan Nelson jenelson @auburnwa.gov PHSKC DIVISION Environmental Health PROJECT TITLE Local Hazardous Waste Management Program AGREEMENT START DATE 1/1/2015 AGREEMENT END DATE 12/31/2015 AGREEMENT MAXIMUM AMOUNT $22,692.23 FUNDING DETAILS Fundino Source PHSKC Contract # Amount Effective Dates County— Local Hazardous Waste $22,692.23 1/1/2015 — 12/31/2015 Management Funding FUNDING SUMMARY FEDERAL: $0 COUNTY: $22,692.23 STATE: $0 OTHER: $0 IS THE RECIPIENT A SUBRECIPIENT FOR PURPOSES OF THIS AGREEMENT? ❑ YES x NO EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Exhibit A — Scope of Work; Exhibit B — Budget; Exhibit C — Invoice; Exhibit D — Certificate of Insurance In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree that the Recipient shall provide services and comply with the requirements set forth in this Agreement. The parties signing below represent that they have read and understand this Agreement, and have the authority to execute this Agreement. Furthermore, in addition to agreeing to the terms and conditions provided herein, by signing this Agreement, the Recipient certifies that it has read and understands the Agreement requirements on the PHSKC website (http: / /www.kingcounty.gov /health /Agreements), and agrees to comply with all of the Agreement terms and conditions detailed on that site, including EEO /Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable RECIPIENT SIGNATURE 6V\C PRINTED NAME AND TITLE r\G te, \l u � C-r''1 .�t DATE SIGNED PHSKC SIGNATURE — PRINTED NAME AND TITLE Ngozi Oleru, Environmental Health Division Director DATE SIGNED Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY (This form is available in alternate formats for people with disabilities upon request.) RES.B Page 102 of 152 KING COUNTY TERMS AND CONDITIONS 1. Agreement Term and Termination A. This Agreement shall commence on the Agreement Start Date and shall terminate on the Agreement End Date as specified on page 1 of this Agreement, unless extended or terminated earlier, pursuant to the terms and conditions of the Agreement. This Agreement may be terminated by the County or the Recipient without cause, in whole or in part, prior to the Agreement End Date, by providing the other party thirty (30) days advance written notice of the termination. The Agreement may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection 1.A. above, by providing the Recipient thirty (30) days advance written notice of the suspension. C. The County may terminate or suspend this Agreement, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Recipient materially breaches any duty, obligation, or service required pursuant to this Agreement, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Agreement is terminated by the County pursuant to this Subsection 1.C. (1), the Recipient shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Recipient by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection 1.A., the County may, upon written notification to the Recipient, terminate or suspend this Agreement in whole or in part. If the Agreement is terminated or suspended as provided in this Section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination or suspension; and (2) in the case of termination the Recipient shall be released from any obligation to provide such further services pursuant to the Agreement ; and (3) in the case of suspension the Recipient shall be released from any obligation to provide services during the period of suspension and until such time as the County provides written authorization to resume services.. Funding or obligation under this Agreement beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Agreement. Should such appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. 2. Compensation and Method of Payment A. The County shall reimburse the Recipient for satisfactory completion of the services and requirements specified in this Agreement, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit, which complies with the attached Budget Exhibit. B. The Recipient shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Recipient not more than 30 days after a complete and accurate invoice is received. 2 RES.B Page 103 of 152 C. The Recipient shall submit its final invoice and all outstanding reports within 90 days of the date this Agreement terminates. If the Recipient's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Recipient of the amounts set forth in said invoice or any subsequent invoice. D. When a budget is attached hereto as an exhibit, the Recipient shall apply the funds received from the County under this Agreement in accordance with said budget. The Agreement may contain separate budgets for separate program components. The Recipient shall request prior approval from the County for an amendment to this Agreement when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Agreement amount in any Agreement budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. Cumulative transfers between budget categories of 10% or less need not be incorporated by written amendment; however, the County must be informed immediately in writing of each such change. E. Should, in the sole discretion of the County, the Recipient not timely expend funds allocated under this Agreement, the County may recapture and reprogram any such under - expenditures unilaterally and without the need for further amendment of this Agreement. The County may unilaterally make changes to the funding source without the need for an amendment. The Recipient shall be notified in writing of any changes in the fund source or the recapturing or reprograming of under expenditures. F. If travel costs are contained in the attached budget, reimbursement of Recipient travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Recipient does not request government rates, the Recipient shall be personally responsible for the difference. Please reference the federal web site for current rates: http: / /www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference http: / /www.dsa.00v for the current host city per diem rates. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Recipient shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round -trip ticket, per person, shall be billed per trip. Any air travel occurring as part of a federal grant must be in accordance with the Fly America Act. 3. Internal Control and Accounting System The Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable generally accepted government accounting standards (GAGAS). 4. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Recipient, by signature to this Agreement, certifies that the Recipient is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Recipient also agrees that it will not enter 3 RES.B Page 104 of 152 into a sub - agreement with a Recipient that is debarred, suspended, or proposed for debarment. The Recipient agrees to notify King County in the event it, or a sub - awardee, is debarred, suspended, or proposed for debarment by any Federal department or agency. 5. Maintenance of Records /Evaluations and Inspections A. The Recipient shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section 13. below, the Recipient shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Agreement; and 2. Records, `including written quotes, bids, estimates or proposals submitted to the Recipient by all businesses seeking to participate on this Agreement, and any other information necessary to document the actual use of and payments to sub - awardees and suppliers in this Agreement, including employment records. The County may visit the site of the work and the Recipient's office to review the foregoing records. The Recipient shall provide every assistance requested by the County during such visits. In all other respects, the Recipient shall make the foregoing records available to the County for inspection and copying upon request. If this Agreement involves federal funds, the Recipient shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Agreement documents. C. Except as provided in Section 6 of this Agreement, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter40.14. D. Medical records shall be maintained and preserved by the Recipient in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Recipient ceases operations under this Agreement, the Recipient shall be responsible for the disposition and maintenance of such medical records. E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the Recipient's performance under this Agreement and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F. The Recipient agrees that all information, records, and data collected in connection with this Agreement shall be protected from unauthorized disclosure in accordance with applicable state and federal law. 6. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Recipient shall not use protected health information created or shared under this Agreement in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Recipient shall read and certify compliance with all HIPAA requirements at http:// www .kingcounty.gov /healthservices /health /partnerships /contracts 4 RES.B Page 105 of 152 7. Audits A. If the Recipient is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination /audit, conducted by the Washington State Auditor, has been completed. B. Additional audit or review requirements which may be imposed on the County will be passed on to the Recipient and the Recipient will be required to comply with any such requirements. 8. Corrective Action If the County determines that a breach of Agreement has occurred, that is, the Recipient has failed to comply with any terms or conditions of this Agreement or the Recipient has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Recipient in writing of the nature of the breach; The Recipient shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Agreement into compliance, which date shall not be more than ten (10) days from the date of the Recipient's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Recipient in writing of the County's determination as to the sufficiency of the Recipient's corrective action plan. The determination of sufficiency of the Recipient's corrective action plan shall be at the sole discretion of the County; C. In the event that the Recipient does not respond within the appropriate time with a corrective action plan, or the Recipient's corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Agreement in whole or in part pursuant to Section 1.C.; D. In addition, the County may withhold any payment owed the Recipient or prohibit the Recipient from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 1., Subsections B, C, D, and E. 9. Dispute Resolution The parties shall use their best, good -faith efforts to cooperatively resolve disputes and problems that arise in connection with this Agreement. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve the dispute under this section. 10. Hold Harmless and Indemnification A. In providing services under this Agreement, the Recipient is an independent contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Recipient shall be responsible for all federal and /or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Recipient, its employees, subcontractors and /or others by reason of this Agreement. The Recipient shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and /or losses whatsoever occurring or resulting from (1) the Recipient's failure to pay any such 5 RES.B Page 106 of 152 compensation, wages, benefits, or taxes, and /or (2) the supplying to the Recipient of work, services, materials, or supplies by Recipient employees or other suppliers in connection with or support of the performance of this Agreement. B. The Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and /or failure, for any reason, to comply with the terms of this Agreement by the Recipient, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Agreement pursuant to the Term and Termination section. C. The Recipient shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Recipient, its officers, employees, sub - awardees and /or agents in its performance or non - performance of its obligations under this Agreement. In the event the County incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Recipient. D. The County shall defend, indemnify, and hold harmless the Recipient, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non - performance of its obligations under this Agreement. In the event the Recipient incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and /or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and /or alter the application of any other provision contained within this Agreement. G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. 11. Insurance Requirements By the date of execution of this Agreement, the Recipient shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Recipient, its agents, representatives, employees, and /or sub - awardees. The costs of such insurance shall be paid by the Recipient or sub - awardee. The Recipient may furnish separate certificates of insurance and policy endorsements for each sub - awardee as evidence of compliance with the insurance requirements of this Agreement. The Recipient is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Recipient, its agents, employees, officers, sub - awardee, providers, and /or provider sub - awardees to comply with the insurance requirements stated herein shall constitute a material breach of this Agreement. Specific coverages and requirements are at http: / /www.kingcounty.gov /healthservices /health /partnerships /contracts; Recipients shall read and provide required insurance documentation prior to the signing of this Agreement. 12. Assignment/Sub- agreements A. The Recipient shall not assign or sub -award any portion of this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. 6 RES.B Page 107 of 152 Said consent must be sought in writing by the Recipient not less than fifteen (15) days prior to the date of any proposed assignment. B. "Sub- agreement" shall mean any agreement between the Recipient and a sub - awardee or between sub - awardees that is based on this Agreement, provided that the term "sub - awardee" does not include the purchase of (1) support services not related to the subject matter of this Agreement, or (2) supplies. C. The Recipient shall include Sections 2.D., 2.E., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15, 16, 17, 23, 24, 25, and the Funder's Special Terms and Conditions, if attached, in every sub - agreement that relates to the subject matter of this Agreement. D. The Recipient agrees to include the following language verbatim in every sub - agreement for services which relate to the subject matter of this Agreement: "Sub - awardee shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and /or awards of damages arising out of, or in any way resulting from the negligent act or omissions of sub - awardee, its officers, employees, and /or agents in connection with or in support of this Agreement. Sub - awardee expressly agrees and understands that King County is a third party beneficiary to this Agreement and shall have the right to bring an action against sub - awardee to enforce the provisions of this paragraph." 13. Nondiscrimination and Equal Employment Opportunity The Recipient shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Agreement, the Recipient agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Recipient will make equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http: / /www.kingcounty.gov /healthservices /health /partnerships /contracts; Recipients shall read and certify compliance. 14. Conflict of Interest A. The Recipient agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this Agreement, and may result in termination of this Agreement pursuant to Section II and subject the Recipient to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Recipient agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Recipient acknowledges that if it is found to have violated the prohibition found in this paragraph, its current Agreements with the county will be cancelled and it shall not be able to bid on any county Agreement for a period of two years. C. The Recipient acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in an agreement or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Recipient shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Agreement. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this 7 RES.B Page 108 of 152 Agreement. After Agreement award, the Recipient is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Agreement any time during the term of the Agreement. 15. Equipment Purchase, Maintenance, and Ownership A. The Recipient agrees that any equipment purchased, in whole or in part, with Agreement funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as an Agreement budget item, is upon its purchase or receipt the property of the County and /or federal /state government. The Recipient shall be responsible for all such property, including the proper care and maintenance of the equipment. B. The Recipient shall ensure that all such equipment will be returned to the County or federal /state government upon termination of this Agreement unless otherwise agreed upon by the parties. 16. Proprietary Rights The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Recipient which are modified for use in the performance of this Agreement. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Recipient that are not modified for use in the performance of this Agreement. 17. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 18. King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Recipient shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. 19. Future Support The County makes no commitment to support the services awarded for herein and assumes no obligation for future support of the activity awarded herein except as expressly set forth in this Agreement. 20. Entire Agreement/Waiver of Default The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement 8 RES.B Page 109 of 152 unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 21. Amendments Either party may request changes to this Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. Changes to the County's Agreement numbering system or fund source may be made unilaterally by the County and without the need for amendment of this Agreement. The Recipient shall be notified in writing of any changes in the Agreement number or fund source assigned by the County; provided, however, that the total compensation allocated by the County through this Agreement does not change. 22. Notices Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Recipient and the project representative of the County department specified on page one of this Agreement. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. 23. Services Provided in Accordance with Law and Rule and Regulation The Recipient and any sub - awardee agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Agreement, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Agreement, the language in the Agreement shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. 24. Applicable Law This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. 25. Electronic Processing and Signatures The parties agree that this Agreement may be processed and signed electronically, which if done so, will be subject to additional terms and conditions found at https: / /www.docusign.com /company /terms -of -use. The parties acknowledge that they have consulted with their respective attorneys and have had the opportunity to review this Agreement. Therefore, the parties expressly agree that this Agreement shall be given full force and effect according to each and all of its express terms and provisions and the rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. The parties executing this Agreement electronically have authority to sign and bind its represented party to this Agreement. 26. No Third Party Beneficiaries Except for the parties to whom this Agreement is assigned in compliance with the terms of this Agreement, there are no third party beneficiaries to this Agreement, and this Agreement shall not impart any rights enforceable by any person or entity that is not a party hereto. END OF COUNTY TERMS AND CONDITIONS 9 RES.B Page 110 of 152 EXHIBIT A SCOPE OF WORK CITY OF AUBURN 1/1/2015- 12/31/2015 Background The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan ") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle -King County Department of Public Health) and the cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program "). The purpose of this Exhibit is to define the relationship associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC "). This Agreement further defines the responsibilities of the City and the Seattle -King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Auburn will assist in the promotion of natural yard care to one Auburn neighborhood through the King County Natural Yard Care Neighborhoods program. The City will create and mail a newsletter, flyer or postcard about household hazardous waste to Auburn residents, and also hire a consultant to provide outreach, education and presentations at public events. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. EHS3667 - City of Auburn 1 RES.B Page 111 of 152 c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15`h regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and /or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non - Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program- funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced — in part or in whole — with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street, Auburn, at (253) 931 -5103, (jenelson @auburnwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Director for resolution. Seattle -King County Department of Public Health 1. The Seattle -King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper EHS3667 - City of Auburn 2 RES.B Page 112 of 152 documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley LHWMP Program Director 150 Nickerson Street, Suite 204 Seattle, WA 98109 206 - 352 -8163 lynda.ransley a,kingcounty.gov EHS3667 - City of Auburn 3 Paul Shallow LHWMP Contract Administrator 401 Fifth Avenue, Suite 1100 Seattle, WA 98104 206 - 263 -8487 paul. shal low(a),kingcounty.gov RES.B Page 113 of 152 EXHIBIT B 2015 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Auburn 25 W Main Street, Auburn, WA 98001 -4998 Component Description Budget Household Hazardous Waste Education $22,692.23 Household Hazardous Waste Collection TOTAL $22,692.23 EHS3667 — City of Auburn RES.B Page 114 of 152 INVOICE Contract Number: EHS3667 Exhibit: C Remit to: City of Auburn 25 W Main Street, Auburn WA 98001 -4998 Joan Nelson 253 - 931 -5103 jenelson@auburnwa.gov Submit signed invoice to: Paul Shallow Public Health - Seattle & King County Local Hazardous Waste Management Program 401 Fifth Ave., Suite 1100 Seattle, WA 98104 206 - 263 -8487 paul.shallow@kingcountv.gov King County Accounts Payable Information Purchase Order # Supplier Name City of Auburn Supplier # 1033. Supplier Pay Site City of Auburn Invoice Date Invoice # Amount to be Paid Note to AP Print on Remittance Paul Shallow 206-263 - LHW Program name & phone 8487 Invoice for services rendered under this contract for the period of: Expenditure Item Budget Current Expenditure Previous Expenditure Balance HHW Education 22,692.23 $22,692.23 HHW Collection TOTAL 22,692.23 $22,692.23 1, the undersigned, do hereby certify under penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification includes any attachments which serve as supporting documentation to this reimbursement request. Signed �G�re yc, r \/L\u5 Print Name RES.B Date Contract Administrator Approval Date Page 115 of 152 (Ark' UBURN \VASHENG`O Agenda Subject: Resolution No. 5117 Department: Finance AGENDA BILL APPROVAL FORM Attachments: Res 5117 Administrative Recommendation: Date: January 7, 2015 Budget Impact: $0 Approve Grant Receipt for $75,720.00 Background Summary: King County requests to enter into an interlocal agreement with the City of Auburn for the 2015 -2016 Waste Reduction and Recycling (WRR) Grant Program. King County has appropriated $75,720.00 for the City to promote waste reduction and recycling to residents and schools. The grant funding will be used to support the following: Community Yard Sale, Bulky Item Collection, classroom presentations, outreach at City- sponsored events, and public place recycling. This WRR Grant provides a 25% match to Department of Ecology's Coordinated Prevention Grant. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: January 20, 2015 Item Number: RES.0 RES.0 AUBURN * MORE THAN YOU IMAGINED Page 116 of 152 RESOLUTION NO. 5 1 1 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY TO IMPLEMENT THE 2015 -2016 WASTE REDUCTION AND RECYCLING GRANT PROGRAM AND ACCEPT PROGRAM GRANT FUNDS IN THE AMOUNT OF SEVENTY -FIVE THOUSAND, SEVEN HUNDRED AND TWENTY DOLLARS ($75,720.00) WHEREAS, King County and the City of Auburn have adopted the King County Solid Waste Management Plan, which includes recycling and waste reduction goals; and WHEREAS, in order to help meet these goals, the King County Solid Waste Division has established a Waste Reduction and Recycling Grant Program for the suburban cities; and WHEREAS, this program provides funding to further the development of local waste reduction and recycling for Auburn businesses and residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREWITH RESOLVES as follows: Section 1. The Mayor of the City of Auburn is authorized to execute an Interagency Agreement with King County for the 2015 -2016 Waste Reduction and Recycling Grant Program, including a grant in the amount of Seventy Five Thousand Seven Hundred Twenty Dollars ($75,720.00), to reimburse the City for implementing said Program, which Agreement shall be in substantial conformity with the Interagency Grant Agreement designated Contract # 5728380, a copy of which is attached hereto and incorporated herein by reference. Resolution No. 5117 January 8, 2015 RffXe 1 Page 117 of 152 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2015. CITY OF AUBURN ATTEST: Danielle E. Daskam, City Clerk APP'•V - IA ■ikr,'4 Da°- B. Heid, City Attorney NANCY BACKUS MAYOR Resolution No. 5117 January 8, 2015 RffVe 2 Page 118 of 152 CONTRACT # 5728380 INTERAGENCY AGREEMENT FOR 2015 and 2016 Between KING COUNTY and the CITY OF AUBURN This two -year Interagency Agreement "Agreement" is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and City will be referred to as "Party" or "Parties." PREAMBLE King County and the City of Auburn adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and /or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the budget approval process of the King County Council. Grant finding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and /or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Auburn by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. RES.0 Page 119 of 1 2 II. RESPONSIBILITIES OF TI -IE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and /or services as outlined in Exhibit A. The total amount of funds available from this grant in 2015 and 2016 shall not exceed $75,720. 2. This Agreement provides for distribution of 2015 and 2016 grant funds to the City. However, grant funds are not available until January 1, 2015. 3. During this two -year grant program, the City will submit a minimum of two, but no more than eight, progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two -year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31, January 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2017. If the City chooses to submit the minimum of two•progress reports and requests for reimbursement during the two -year grant program, they shall be due to the County by January 31, 2016 and March 31, 2017. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 2016 and January 2017, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2017. 2 RES.0 Page 120 of 152 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process. 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 8. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled /recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and /or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2019. 3 RES.0 Page 121 of 15 12. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or "text provided courtesy of King County Solid Waste Division." 13. The City agrees to submit to the County copies of all written materials which it produces and /or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process. 17. This project shall be administered by Joan Nelson, Solid Waste & Recycling Supervisor, City of Auburn, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's budget approval process. Provided that the funds are allocated through the King County Council's budget approval process, grant funding to the City will include a base allocation of $5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. 4 RES.0 Page 122 of 152 2. The City of Auburn's budgeted grant finds for 2015 -2016 are $75,720. 3. Within forty -five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Auburn" and/or "text provided courtesy of the City of Auburn." 5. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager, King County Solid Waste Division, or designee. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2015 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2015 and shall terminate on June 30, 2017. The City shall not incur any new charges after December 31, 2016. However, if execution by either Party does not occur until after January 1, 2015, this Agreement allows for disbursement of grant funds to the City for County- approved programs initiated between January 1, 2015 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section ILA of the Agreement. 5 RES.0 Page 123 of 15 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. B This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and /or failure to provide grant related reports /invoices /statements as specified in Section II.A.3. and Section II. A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and /or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and /or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims ") brought against the County arising out of or incident to the City's execution of performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and /or otherwise results in unfair trade practice. 6 RES.0 Page 124 of 152 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, andlor subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self - insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self - insured for any of the above insurance requirements, a written acknowledgement of self - insurance is attached to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 RES.0 Page 125 of 15 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: If to the City: Morgan John, Project Manager, or a provided designee King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104 -3855 Joan Nelson, Solid Waste & Recycling Coordinator, or a provided designee City of Auburn 25 West Main Street Auburn, WA 98001 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: (Title) King County BY Pat D. McLaughlin, Director Solid Waste Division For Dow Constantine, King County Executive Date Date 8 RES.0 Page 126 of 152 CITY OF AUBURN SCOPE OF WORK 2015 -2016 SOLID WASTE DIVISION WASTE REDUCTION & RECYCLING GRANT A. BASIC INFORMATION 1. Applicant: City of Auburn 2. Project Title: City of Auburn Waste Reduction & Recycling Program 3. Grant Manager: Joan Nelson, Solid Waste & Recycling Supervisor City of Auburn 25 West Main Street Auburn, WA 98001 Phone: (253) 931 -5103 Fax: (253) 876 -1900 Email: jenelson @auburnwa.gov 4. Project Manager: Kathleen Edman, Solid Waste Customer Care Specialist City of Auburn 25 West Main Street Auburn, WA 98001 Phone: (253) 931 -3047 Fax: (253) 876 -1900 Email: kedman@auburnwa.gov 5. Billing Coordinator: Consuelo Rogel, Financial Analyst City of Auburn 25 West Main Street Auburn, WA 98001 Phone: (253) 804 -5023 Email: cro el auburnwa.gav 6. Requested dollar amount: 2015 -2016 Grant Award 5115,720.00 4 - King County Special Recycling Events - $ 40,000.00 2015 -2016 Total S 75,720.00 B. PROPOSED SCOPE OF WORK Projects: Task #1 Task #2 Task #3 Residential Recycling School Environmental Education Public Place & City Going Green Recycling Exhibit A Project Managers: Auburn's Solid Waste Customer Care Specialist will implement and manage the projects. The Solid Waste & Recycling Supervisor will manage the administration tasks of the Grant (budget, reporting, and reimbursements). Both positions are fully funded by the City of Auburn Solid Waste Division. Schedule: January 1, 2015 - December 31, 2016 Goals: To increase the awareness of and participation in Auburn's waste reduction and recycling programs, and to increase waste diversion in the Residential and School waste streams, 1 RES.0 Page 127 of 1 2 Background: Residential Community The City of Auburn provides recycling, waste prevention, and food scrap recycling outreach and education to residents through media avenues such as: newsletters, postcards, advertising, website announcements, social media, phone messages, flyers, and recycling events. The City also provides an "at home" city -wide yard sale opportunity for single - family and mobile home park residents to promote reuse. The City recognizes the importance of educating its diverse community about different methods of waste reduction and recycling and publishes newsletters and articles, gives classroom waste reduction and recycling presentations, staffs educational tables at community events, and provides resources to residents who ask for assistance. Auburn School District (ASD) City of Auburn Solid Waste Division continues to work closely with ASD's Resource Conservation Manager to promote waste reduction and recycling in the Auburn schools. The ASD is committed to sustainability and strives to continue reducing its waste stream. City of Auburn provides presentations to elementary and middle school students and participates in various ASD sustainability programs. Many Auburn schools participate in the King County Green Schools and Washington Green Schools Programs. Task #1: Residential Recycling A. Program/ Project Description • Residential Recycling Outreach & Assistance - The City of Auburn will use different forms of media, presentations, and promotional items to promote waste reduction and recycling programs. The City will produce and mail a postcard to all single - family residents promoting information on waste prevention, reuse, and recycling. In 2015, the City's consultant will continue providing outreach to residents through the recycle cart check project and through community events, The City will also continue to coordinate Christmas Tree Recycling and Holiday Styrofoam Collection events each year. • Residential Community Yard Sale — The City will promote waste reduction and reuse by sponsoring a three -day city -wide yard sale for all single- family residents. B. Deliverables • Residential Recycling Outreach & Assistance - Thc City will produce or have professionally produced media pieces, displays, and promotional items, which may include, but are not limited to: posters, postcards, flyers, stickers, environmental tool kits, and decals. These materials will be used to promote waste reduction and recycling. • Residential Community Yard Sale — The "Yard Sale Kits" available to participants and advertisements will be the deliverables. C. Expected Outcomes/ Impacts • Residential Recycling Outreach & Assistance — Postcards, flyers, advertisements, and social media announcements will promote upcoming City and County events and inform residents about resources available for waste reduction and recycling specific to their home. The City will increase awareness of and participation in the City's Waste Reduction and Recycling Program. • Residential Community Yard Sale — The city -wide yard sale will encourage residents to reduce waste and reuse. D. Evaluation • Residential Recycling Outreach & Assistance - The City will record the number of postcards, flyers, and articles created and distributed to City of Auburn residents (Single Family /Duplex and Mobile Home Park), The City will record the number of displays and promotional items created, displayed or distributed. The City will also track the number of calls, emails, or faxes we receive regarding these items. Recycle cart check results before and after outreach is conducted will determine whether program efforts are successful. • Residential Community Yard Sale — Thc City will record the number of participants and the number of "Yard Sale Kits" distributed. An online survey will also be conducted, determining the number of items sold or given away. 2 RES.0 Page 128 of 152 Task #2: School Environmental Education A. Program/ Project Description • School Programs & Presentations - City staff and a consultant will continue to provide Waste Reduction & Recycling and Worm Composting presentations to elementary school classrooms and other schools upon request. A consultant will work with the Auburn School District Resource Conservation Manager (RCM) on waste reduction and recycling programs for the schools. B. Deliverables • School Programs & Presentations — The number of classroom presentations will be a deliverable. The amount of materials recycled at the Auburn Schools will also be a deliverable. Pre- and post - classroom presentation surveys will be completed. C. Expected Outcomes/ Impacts • School Programs & Presentations — City staff and the consultant will promote valuable lessons about waste reduction and recycling to students and teachers. These lessons will then be shared with parents and may influence purchasing and disposal decisions. D. Evaluation • School Programs & Presentations - The City will record the number of classroom presentations given to Auburn students. The pre -and post - classroom presentation surveys will determine the effectiveness of the information presented. The amount of materials recycled at each school will be tracked by the RCM. Task #3: Public Place & City Going Green Recycling A. Program Description • Containers & Supplies - Recycling containers are located at City Parks, the public downtown area, and City facilities to promote recycling. The quantity of containers per location varies according to activities and seasonal citizen attendance, B. Deliverables • Containers & Supplies — Containers, hardware, and locks will be the deliverables. C. Expected Outcomes / Impacts • Containers & Supplies - By continuing to locate recycling containers in public areas, the City will increase awareness of and participation in the City's Waste Reduction and Recycling Program. D. Evaluation • Containers & Supplies - The City will record the number of containers and supplies at each location, The City will track the amount of garbage and recycling collected, and will measure waste diversion. 3 RES.0 Page 129 of 15 C. PROPOSED BUDGET Task #1 Residential Recycling Residential Recycling Outreach & Assistance Residential Community Yard Sale Total Task #1 Task #2 School Environmental Education Schools Program Outreach & Assistance Total Task #2 Task #3 Public Place & City Going Green Recycling Recycling Containers & Supplies Total Task #3 TOTAL 2015 -2016 GRANT FUNDING 4 RES.0 2015 2016 $33,741.16 $ 9,928.66 $ 2,617.25 $ 4,030.30 $36,358.41 $13,958.96 $ 3,905.00 $15,407.34 $ 3,905.00 $15,407.34 $ 5,000.00 $ 1,090.29 $ 5,000.00 $ 1,090.29 $45,263.41 $30,456.59 Page 130 of 152 2015 -2016 Grant Guidelines Program Eligibility: Exhibit B Grant funds may be used for a variety of Waste Reduction & Recycling - related programs including residential and commercial waste reduction and recycling education programs, business assistance programs, and special recycling events. Cities may also use their funds on broader resource conservation programs, as long as they are part of an overall waste reduction/recycling program. Cities may choose to use their funding on one program or a combination of programs. For WR/R program ideas, please refer to the lists below. Please note these lists are not exhaustive, but merely intended to provide some guidance on what is /isn't eligible. Cities may also refer to the currently adopted Comprehensive Solid Waste Management Plan for direction in program development. If you are unsure if your proposed program is eligible for funding, please call Morgan John (206- 477 - 4624). Eligible for funding: • School WR/R education/implementation programs • Kitchen food waste composting programs • Reusable bag promotions • Yard waste subscription promotions • Outreach at community events • Promoting new and existing WR/R programs through media, mail, and social networking • Business recognition programs • Recycling Collection Events, including collection of tires and mattresses • Household battery collection and recycling (no lead -acid batteries) • Business and residential WR/R education and communications • Product stewardship initiatives - could be education programs or working with other agencies /organizations /businesses to implement programs • City recycling programs and facilities • Videos promoting WR/R programs The following are eligible for funding on a case -by -case basis, as long as part of an overall WR/R Program. However, the County would not provide reimbursement if, for example, all of a city's grant dollars were used to sell /give away rain barrels or distribute compact fluorescent light bulbs. • Water Conservation - i.e. Rain Barrels • Energy Conservation • Water Quality: integrated pest management; catch basin filters • Demonstration gardens; interpretive signage; recycled- content park furnishings RES.0 2015 -2016 WRJR Grant Page 131 of 1 The following are not eligible for funding: • Collection of garbage, except for residual garbage related to the collection of recyclables. • Collection of any household hazardous waste items including, but not limited to: > Treated wood > Paint > Lead acid batteries > Oil, gasoline, and antifreeze > Fluorescent lights • household Hazardous Waste Education Programs Cities should pursue funding through LHWMP or CPG for Household hazardous Waste collection or education programs. Grant Administration: Requests for Reimbursement: Cities may choose to submit one request for reimbursement per year during the funding cycle, due no later than March 15, 2016 and March 15, 2017. However, cities may submit requests for reimbursement as frequently as quarterly. The Budget Summary Report Form (Attachment 4) must be used when submitting requests for reimbursement. By the 5th working day of January 2016 and January 2017, cities must notify SWD of their total expenditures for work that has been completed to -date, but for which requests for reimbursement have not yet been submitted. Progress and Final Reports: Progress reports describing program activities, accomplishments and evaluation results need to accompany each request for reimbursement. A final report describing the outcome of grant - funded activities is due with the final request for reimbursement. If, however, the city does not have the results of its program evaluation by the end of the grant cycle, the final narrative report may be submitted no later than six months after the end of the grant cycle on June 30, 2017. (Note: The final request for reimbursement would still need to be submitted by March 15, 2017.) All Progress and Final Reports need to be signed by a city official. Signed reports may be scanned and emailed. Amendments: Formal amendments to grant ILAs are not necessary unless the city wishes to make significant changes to its .scope of work and/or budget. In general, a significant change would be one in which the city wishes to add or delete a task from their scope of work. A minor change, such as moving dollars between tasks, would only require written notification, which may be submitted via e -mail, however, the city should contact the Division when considering changes to their scopes and budgets to determine if a formal amendment is needed. RES.0 Page 132 of 152 AuBuRN ITY OF � wAs - IENGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 5120 January 8, 2015 Department: Attachments: Budget Impact: CD & PW Res5120 $0 Exhi bits Administrative Recommendation: City Council adopt Resolution No. 5120. Background Summary: The purpose of this Resolution is for the City Council to set a time and date for a public hearing regarding proposed modifications to the 2015 -2020 Transportation Improvement Program (TIP). The proposed modifications are for two projects for which the City was awarded grant funding on 12/31/14. The projects are required to be adopted into the City's TIP in order to obligate the grant funds and proceed with the projects. TIP #67 is a project number being vacated by a previous Federally funded safety grant project that has been completed. The modification will reuse this TIP number for the newly awarded Federal Safety grant project. Total grant award for this project is $412,575.00. City matching funds are programmed from existing authorized Traffic Signal Improvements budget. TIP #68 is an existing programmed project being modified to reflect the actual federal grant award amount. Total grant award for this project is $792,260.00. Both project names and descriptions were revised to be consistent with the grant agency requirements. Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 RES.D Staff: Snyder Item Number: RES.D AUBURN * MORE THAN YOU IMAGINED Page 133 of 152 RES.D AUBURN * MORE THAN YOU IMAGINED Page 134 of 152 RESOLUTION NO. 5 1 2 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A HEARING DATE TO CONSIDER AMENDING THE 2015 -2020 TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY OF AUBURN PURSUANT TO R.C.W. CHAPTER 35.77 WHEREAS, the City is required to include projects in the Transportation Improvement Program (TIP) in order to be eligible to accept federal grant funds; and WHEREAS, RCW 35.77.010 requires that the legislative body of each City is required to prepare and adopt a. Comprehensive Transportation Improvement Program (TIP) for the ensuing six years. The program may at any time be revised by a majority of the legislative body of a City, but only after conducting a public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. PURPOSE. The purpose of this Resolution is for the City Council to set a time and date for a public hearing to amend the 2015 -2020 Transportation Improvement Program, to add one new project and modify one existing project for which the City is pursuing grant funding. Section 2. NOTICE OF HEARING. The Council hereby directs that a notice specifying the date, time and place of the public hearing be published one time in a newspaper of general circulation and the notice shall also be posted in three public places. Such public notice shall precede the public hearing by at least 10 days. Section 3. SETTING OF HEARING. Pursuant to the requirements of State law, a public hearing on said 2015 -2020 Transportation Improvement Program is hereby set to be held on the 2nd of February, 2015, at 7:00 p.m., or as soon thereafter as Resolution No. 5120 R ir78, 2015 1 Page 135 of 152 reasonably possible, in the Council Chambers of the Auburn City Hall at 25 West Main Street in Auburn, Washington, before the City Council. All persons interested in said 2015 -2020 Transportation Improvement Program may attend and testify at said hearing. Section 4. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. EFFECTIVE DATE. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of January, 2015. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED A . O ORM: Da el B. Heid, City Attorney Resolution No. 5120 RLPg2 8, 2015 Page 136 of 152 City of Auburn Transportation Improvement Program Six Year Transportation Improvement Plan ARTERIAL STREET FUND (102), CAPITAL IMPROVEMENT FUND (328) TIP# 67 Project Title: Project No: Project Type: Project Manager: Citywide Traffic Signal Safety Improvements cp1222 Non - Capacity (Safety) Matt Larson STIP# AUB-45 LOS Corridor ID# N/A Description: This project will convert nine signals to Flashing Yellow Arr'_.eration, improve traffic signal phasing and timing, and improve visibility of traffic signal heads. Progress Summary: Federal Grant funding was awarded June 2012. Project design in 213 and constructed in 2014. Future Impact on Operating Budget: There is no impact to the street maintenance budget. Activity: 2014 YE Funding Sources: Prior to 2014 Estimate Unrestricted Street Revenue 6,916 55,000 Secure Federal Grant 31,624 368,376 Traffic Impact Fees - - REET2 (328) 4,316 20,684 Other - Total Funding Sources: 42,856 444,060 Capital Expenditures: Design 41,075 - Right of Way - Construction 1,781 444,060 Total Expenditures: 42,856 444,060 RES.D 2015 5,000 5,000 5,000 5,000 Bu Forecast Project Cost 2018 2019 2020 Beyond 2020 Total Project Cost 66,916 400,000 25,000 491,916 41,075 450,841 491,916 Intersection, Traffic Signal, & Intelligent Transportation Systems Improvement Projects 63 Page 137 of 152 City of Auburn Transportation Improvement Program Six Year Transportation Improvement Plan ARTERIAL STREET FUND (102), ARTERIAL PRESERVATION FUND (105) TIP# 68 Project Title: Project No: Project Type: Project Manager: 37th Street SE and A Street SE Traffic Signal Safety Improvement cpxxxx Non - Capacity, Safety TBD STIP# AUB -N /A LOS Corridor ID# 10 Description: This project includes the design, right -of -way acquisition, a struction of a new traffic signal at the 37th Street SE intersection with A Street SE. This project will be designed to accommodate and support future access m- `.em�,', safety improvements along the A St SE Corridor. Progress Summary: Grant Application will be submitted in July 2014. Future Impact on Operating Budget: The annual maintenance cost for this project is estimated to be $2, 0. Activity: 2014 YE B et „' Forecast Project Cost Funding Sources: Prior to 2014 Estimate 20157017) 2018 2019 2020 Beyond 2020 Total Project Cost Unrestricted Street Revenue - - 55,000 45,000 ' - - - - - 100.000 Unsecured Grant - - 121,400 440,000 -y - - - 561,400 Traffic Impact Fees - - - - - - - - Arterial Presery Funds (105) - - - 152,500 - - - - 152.500 Total Funding Sources: - - 176,400 637,500 '`- 4. - - - 813,900 Capital Expenditures: Design - - 110.000 - - - - - 110,000 Right of Way - - 66,400 - - - - 66,400 Construction - - - 637,500 - N - - 637,500 Total Expenditures: - - 176,400 637,500 - At --' '' - - - 813,900 RES.D Intersection, .Traffic Signal, & Intelligent Transportation Systems Improvement Projects 64 Page 138 of 152 City of Auburn Transportation Improvement Program Six Year Transportation Improvement Plan ARTERIAL STREET FUND (102) TIP# 67 Project Title: Project No: Project Type: Project Manager: Tra CP`501 Non - Capaci Ryan Von afety Improvements STIP# AUB-XX LOS Corridor ID# N/A Description: Improve traffic signal phasing and timing, and pry visibilt of traffic signal heads. Progress Summary: Federal Grant was awarded in 2014. Future Impact on Operating Budget: There is no impact to the street maintenance budget. Activity: 2014 YE Funding Sources: Prior to 2014 Estimate Budg Forecast Project Cost Total Project Cost 2015 ./620i 'k 2018 2019 2020 Beyond 2020 Unrestricted Street Revenue - - Secured Federal Grant - - Traffic impact Fees REET2 (328) - - Other - - 5,000 - 27,600 - - `"'" 412,575 - - - - - - - - - - - - - - - - - 5,000 412,575 27,600 _ Total Funding Sources: - - Capital Expenditures: Design - - Right of Way - - Consfruction - - 32,600 32,600 - - 412,575 - - 412,575 - - - - - - - - - - - - - - - 445,175 32,600 - 412,575 Total Expenditures: - - 32,600 412,575 - - "t,, - - 445,175 RES.D Intersection, Traffic Signal, & Intelligent Transportation Systems Improvement Projects 63 Page 139 of 152 City of Auburn Transportation Improvement Program Six Year Transportation , provement Plan ARTERIAL STREET FUND (1 '. ERIAL PRESERVATION FUND (105) Project Title: A Str = Project No: CP1 $ 2 Project Type: Non -Ca Project Manager: Ryan Von nd 37th St SE Description: Widen the intersection for a u -turn, install an int =rcon Progress Summary: Federal Grant was awarded in 2014. TIP# 68 STIP# AUB -XX LOS Corridor ID# 10 affic signal, overlay the intersection, and upgrade curb ramps. Future Impact on Operating Budget: The annual maintenance cost for this project is estimated to be $2,50 Activity: 2014 YE Funding Sources: Prior to 2014 Estimate Unrestricted Street Revenue - Secured Federal Grant - - Traffic impact Fees - - Arterial Presery Funds (105) - Total Funding Sources: Capital Expenditures: Pre - Design Design Right of Way Construction Budg‘i 2015 20 // X017 55,000 156,900 635,360 87,240 211,900 722,600 10,500 135,000 66,400 722,600 Forecast Project Cost 2018 2019 2020 Beyond 2020 Total Project Cost 55,000 792,260 87,240 934,500 135,000 66,400 722,600 Intersection, Traffic Signal, & Intelligent Transportation Systems Improvement Projects 64 RES.D Page 140 of 152 AuBuRN ITY Cdr • wAs - IENGTo Agenda Subject: Resolution No. 5113 Department: CD & PW AGENDA BILL APPROVAL FORM Attachments: Resolution No. 5113 Agreement legal description Administrative Recommendation: Date: January 13, 2015 Budget Impact: $0 City Council adopt Resolution No. 5113. Background Summary: Sumner is planning a redevelopment of their former golf course site to construct a major warehousing site. Part of this plan includes proposed changes to the access at Stewart Road to improve the circulation and safety for their site. Staff has been coordinating with Sumner staff and the site developer to review their proposal and make recommendations for a safe and efficient corridor. This includes the potential change to the jurisdictional boundary between Auburn and Sumner west of the Lake Tapps Parkway bridge over East Valley Highway. Benefits of this include: • Creating a clear delineation of maintenance responsibility between agencies. • Auburn would not be responsible (or liable) for any of the roadway infrastructure west of the Lake Tapps Parkway bridge or for the potential new traffic signal proposed to serve Sumner's development. • Sumner would be required to provide access easements and an improved materials storage site to Auburn for Lake Tapps Parkway snow /ice response. Reviewed by Council Committees: Councilmember: Meeting Date: January 20, 2015 RES.E Staff: Snyder Item Number: RES.E AUBURN * MORE THAN YOU IMAGINED Page 141 of 152 RESOLUTION NO. 5 1 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE AGREEMENT BETWEEN THE CITIES OF AUBURN AND SUMNER FOR ADJUSTMENT OF THE BOUNDARY BETWEEN THE CITIES OF AUBURN AND SUMNER WITH THE MOVEMENT OF CITY BOUNDARY TO THE OTHER SIDE OF THE ROADWAY OF A PORTION OF RIGHT -OF -WAY OF STEWART ROAD/ LAKE TAPPS PARKWAY EAST CURRENTLY WITHIN THE CITY OF AUBURN, PURSUANT TO RCW 35.13.310 WHEREAS, RCW 35.13.310 authorizes the legislative bodies of cities or towns to agree to adjust the boundaries between cities or towns that share a common boundary within a right -of -way of a public street, road or highway by moving the boundary between them to the other edge of the right -of -way; and WHEREAS, the City of Sumner is involved in a development with attendant public works projects along Stewart Road /Lake Tapps Parkway East, which development and projects would benefit from such an adjustment of the boundary between the City of Auburn and the City of Sumner, moving the boundary between the two cities to the other side of Stewart Road /Lake Tapps Parkway East; and WHEREAS, cities of Auburn and Sumner have reached an agreement to adjust the boundaries as provided herein; and WHEREAS, the adjustment of the boundary between such cities pursuant to RCW 35.13.310 is not subject to review by the Washington State Boundary Review Board for Pierce County. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is authorized to execute an Agreement between the cities of Auburn and Sumner for adjustment of the boundary between Auburn and Sumner along the portion of Stewart Road /Lake Tapps Parkway East, Resolution No. 5113 January 12, 2015 Page 1 RES.E Page 142 of 152 moving the boundary between the two cities to the other side of the roadway of Stewart Road /Lake Tapps Parkway East, in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" incorporated herein. Section 2. The effect of the boundary adjustment provided for herein is to remove the below - described right -of -way territory from within the City of Auburn and include it into the City of Sumner: LEGAL DESCRIPTION That portion of the City of Auburn in the Southwest quarter and the Southeast quarter of the Northeast quarter of Section 1, Township 20 North, Range 4 East, Willamette Meridian, more particularly described as follows: COMMENCING at the intersection of the South line of said Northeast quarter and the West line of Burlington Northern Santa Fe Railroad right -of -way, being a point on the city limit line between City of Auburn and City of Sumner; THENCE North 00 °54'30" West, 70.03 feet along said line; THENCE South 82 °26'07" West, 137.30 feet along said line to the TRUE POINT OF BEGINNING; THENCE CONTINUING South 82 °26'07" West, 10.75 feet along said common line; THENCE North 89 °48'08" West, 474.24 feet along said line; THENCE North 88 °2514" West, 477.67 feet along said line; THENCE North 07 °41'58" West, 155.36 feet along said line; THENCE North 82 °05'39" East, 987.52 feet; THENCE South 00 °5723" East, 303.22 feet to the TRUE POINT OF BEGINNING. Containing 226,046 Square feet, more or less. SITUATE IN PIERCE COUNTY, WASHINGTON. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including transmitting a copy of this Resolution to the City Clerk of Sumner. Section 4. This Resolution shall be in full force and affect upon passage and signatures heron. It is provided, however, that the provisions set forth herein and the terms and conditions set forth in the attached agreement are subject to and conditioned upon the sale of the golf course property in Sumner that is prompting the jurisdictional boundary change. Should the sale of the golf course property not close by July 31, 2015, then this Resolution No. 5113 January 12, 2015 Page 2 RES.E Page 143 of 152 Resolution and the attached Agreement shall . immediately become null and void. Resolution No. 5113 January 12, 2015 Page 3 RES.E Page 144 of 152 DATED and SIGNED this day of 2015. ATTEST: Danielle E. Daskam, City Clerk APP' = ED + • TO FORM. / 00 01111M4 $ 1■►`Offf aniel B. Heid, City ' ttorne Resolution No. 5113 January 12, 2015 Page 4 RES.E CITY OF AUBURN NANCY BACKUS, MAYOR Page 145 of 152 EXHIBIT "A" AGREEMENT REGARDING ADJUSTMENT OF MUNICIPAL BOUNDARIES BETWEEN THE CITIES OF AUBURN AND SUMNER RELATED TO LAKE TAPPS PARKWAY THIS AGREEMENT is entered into between the City of Sumner, a Washington Municipal Corporation, located and doing business at 1104 Maple St, Sumner, Washington 9898390 ( "Sumner ") and the City of Auburn, a Washington Municipal Corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ( "Auburn "). RECITALS WHEREAS, both cities desire to work together for the mutual and overall benefit of their street systems in the vicinity of Lake Tapps Parkway; and WHEREAS, it is advantageous for a certain portion of Lake Tapps Parkway to be included within the city limits of the City of Sumner rather than its present position, located within the City of Auburn; and WHEREAS, such an adjustment of the boundaries between the two cities would make it also necessary for City of Auburn gravel and materials storage facilities to be relocated to a different position along Lake Tapps Parkway; and WHEREAS, Lake Tapps Parkway and certain areas in the vicinity currently utilize a common storm drainage system and stormwater pond; and WHEREAS, the cities have discussed these issues and have reached an agreement with respect to the adjustment of the boundaries between the two cities to provide for a portion of Lake Tapps Parkway currently located within the City of Auburn to be located within the City of Sumner, adjusting the boundary between the two cities accordingly, and relocation of the City of Auburn gravel and material storage areas. NOW, THEREFORE, Auburn and Sumner hereby agree as follows: A. AUBURN AND SUMNER MUNICIPAL BOUNDARIES REVISION 1. Sumner shall maintain two westbound continuous flow travel lanes bypassing the new signalized intersection as proposed by Sumner and Auburn and attached as Exhibit A. and known as the "Annexation Area ". 2. All existing public infrastructure facilities within the Annexation Area will become Sumner's property and maintenance responsibility; except that when Auburn is sanding 1 RES.E Page 146 of 152 or treating roads in the vicinity, it will continue to sand or apply treatment to the annexation area. 3. Existing Auburn Street lighting facilities within the Annexation Area shall be re -wired by Sumner to be served by a Sumner -owned power service and separated from Auburn's facilities. 4. Roadway storm drainage from the Annexation Area is the responsibility of Sumner and will be entering Auburn's Stormwater Pond Facilities known as "Trillium Stormwater Pond ". 5. Stormwater from Lake Tapps Parkway drains to the Trillium Stormwater Pond through a drainage pipe system, Sumner and Auburn wish to set forth their agreements regarding the Trillium Stormwater Pond and related matters as follows. a. Trillium Stormwater Pond. Auburn will maintain the Trillium Stormwater Pond in compliance with City of Auburn Design and Construction Standards to meet the requirements of the calculated "100 year design storm" pursuant to the approved Pierce County plans. Sumner agrees to allow ongoing access to Auburn for the maintenance of the Trillium Stormwater Pond and secure any necessary property rights to allow access from the proposed pedestrian trail. Sumner agrees to provide a driveway cut on Lake Tapps Parkway in a location that is mutually acceptable to the Parties and consistent with the intent of this Agreement. b. Maintenance of Stormwater Connection Facilities. Sumner will inspect, maintain and remove accumulated sediments annually for the stormwater pipes connecting Sumner's storm system to Auburn's Trillium Stormwater Pond. Sumner agrees to continue to allow and provide for the existing drainage from Auburn's jurisdiction through the stormwater pipes as they are currently configured within the Annexation Area. c. Clean -Up. In the event of a spill of Hazardous Substances from Lake Tapps Parkway into the Auburn Trillium Stormwater Pond, Sumner will undertake immediate response as required by law, including, but not limited to, reporting to appropriate agencies, and pursue enforcement of all required remediation and cleanup efforts until they are completed and the cleanup and /or remediation has been approved by appropriate governmental agencies. d. Hazardous Substances Defined. As used herein, the term "Hazardous Substances" means any hazardous, toxic, chemical, or dangerous substance, pollutant, contaminant, waste or material, 2 RES.E Page 147 of 152 including petroleum, which is regulated under any federal, state, or local statute, ordinance, rule, regulation, or common law relating to chemical management, environmental protection, contamination, or cleanup including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended, the Resource Conservation and Recover Act as amended. B. RELOCATION OF AUBURN GRAVEL AND MATERIAL STORAGE FACILITIES 1. Sumner shall provide for the relocation of the existing Auburn Gravel and Material Storage Facilities and the construction of a Covered Dual Chamber Material Storage Facility including paved access to the facility for City of Auburn Maintenance & Operations use on the south side of Stewart Road at a location agreed to by both parties. 2. Sumner shall provide all necessary public access easements to Auburn for the Material Storage Facility and Non - Motorized Trail. Within 120 calendar days of the completion of the final design for ingress and egress from the golf course property is completed, the Parties will work cooperatively to complete a final legal description and necessary Exhibits for Auburn's access to the material Storage Facility and Non - motorized Trail. Sumner agrees to execute any and all easements and any other necessary documents to effectuate the intent of this section. C. PERPETUAL EASEMENT TO AUBURN GRAVEL AND MATERIAL STORAGE FACILITIES 1. Within 120 Calendar days of the completion of the final design for ingress and egress from the golf course property is completed, the Parties will work cooperatively to complete a final legal description and necessary Exhibits for Auburn's access to the material Storage Facility and Non - motorized Trail. Sumner agrees to execute any and all easements and any other necessary documents to effectuate the intent of this section. D. MISCELLANEOUS 1. Termination. This agreement shall terminate only upon agreement of both parties 2. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the cities under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 3. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of each city. 3 RES.E Page 148 of 152 4. Severability. If any one or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. 5. Entire Agreement. Written provisions and terms of this agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either city, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached exhibits contain the entire agreement between the parties. Should any language in any exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. THE CITY OF AUBURN THE CITY OF SUMNER NANCY BACKUS, MAYOR DAVE ENSLOW, MAYOR APPROVED BY AUBURN CITY COUNCIL MOTION ON , 20 . APPROVED BY SUMNER CITY COUNCIL MOTION ON ATTEST: DANIELLE E. DASKAM AUBURN CITY CLERK APPROVED AS TO FORM: ATTEST: , 20 . (SEAL) (SEAL) TERRI BERRY SUMNER CITY CLERK DANIEL B. HEID 4 APPROVED AS TO FORM: BRETT VINSON RES.E Page 149 of 152 AUBURN CITY ATTORNEY SUMNER CITY ATTORNEY 5 RES.E Page 150 of 152 EXHIBIT "A" LEGAL DESCRIPTION CITY OF SUMNER ANNEXATION AREA That portion of the City of Auburn in the Southwest quarter and the Southeast quarter of the Northeast quarter of Section 1, Township 20 North, Range 4 East, Willamette Meridian, more particularly described as follows: COMMENCING at the intersection of the South line of said Northeast quarter and the West line of Burlington Northern Santa Fe Railroad right -of -way, being a point on the city limit line between City of Auburn and City of Sumner; THENCE North 00 °54'30" West, 70.03 feet along said line; THENCE South 82 °26'07" West, 137.30 feet along said line to the TRUE POINT OF BEGINNING; THENCE CONTINUING South 82 °26'07" West, 10.75 feet along said common line; THENCE North 89 °48'08" West, 474.24 feet along said line; THENCE North 88 °25'14" West, 477.67 feet along said line; THENCE North 07 °41'58" West, 155.36 feet along said line; THENCE North 82 °05'39" East, 987.52 feet; THENCE South 00 °57'23" East, 303.22 feet to the TRUE POINT OF BEGINNING. Containing 226,046 Square feet, more or less. Project Name: Sumner Meadows November 19, 2014 Page 1 of 1 BDG 16408L.001. doc Exhibit: 16408 EXH 04 -AN N EX. dwg RES.E Page 151 of 152 Exhibit "A" GRAPHIC SCALE 0 125 250 1" = 250 FEET 500 N 13 °40'45 "W 136.12' S76 °1632W 313.22 BTH ST. E.) 1\182 °05'3 87.52 -_ BRIDGE - -- o Ocn ANNEXATION _ - -- N N07 °41'58 "W -- N Ni — 155.36' STEW ART ROAD AREA- I - - - - N88 °25'14 "W N89 °48'08 "W T.P.O.B. 477.67' 474.24'-\ S82°26'07'W' 10.75' S. LINE NE1 /4 SEC.1 z D 0 0 0 0 01 0 0 CN o co cn N00 °54'30 "W - 70.03 P.O.C. E. 1/4 COR. SEC.1, T.20N., R.4E. OF5\,OOO�oS 00 o NO13 1OO 0_1).0_140\3--16 0b .PP p22O13 115 Date /Time:11/19/2014 4:57 PM BRIAN GILLOOLY File:P: \16000s \16408 \survey \16408EXH04 — ANNEX.dw SCALE: HORIZONTAL 1 " =250' VERTICAL N/A HA 18215 72ND AVENUE SOUTH US KENT, WA 98032 4_ 2 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND may. PLANNING, SURVEYING, "G ENGIN4- ENVIRONMENTAL SERVICES For: SUMNER MEADOWS JOB NUMBER 16408 16408L.001. DOC Title: SUMNER ANNEXATION AREA EXHIBIT SHEET 1f1 DESIGNED RES.E IDRAWN BDG (CHECKED BDG (APPROVED BDG I DATE 11 19/14 Page 152 of 152