HomeMy WebLinkAbout08-21-2017 CITY COUNCIL AGENDACity Council Meeting
August 21, 2017 - 7:00 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
III. APPOINTMENTS
A. Boards & Commission Appointment
City Council to approve the appointment of James Jeyaraj to the Parks and
Recreation Board for three year term to expire December 31, 2019.
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 City Council study session meetings for: April 10, 2017;
January 25, 2016; November 30, 2015; December 14, 2015*
Page 1 of 99
B. Minutes of the August 7, 2017 $20 Car Tab Fee Ad Hoc Committee
Meeting*
C. Minutes of the August 7, 2017 Regular City Council Meeting*
D. Claims Vouchers (Coleman)
Claims Vouchers 445238 through 445487 in the amount of $5,156,593.88 and
two wire transfers in the amount of $537,474.95 and dated August 21st, 2017
E. Payroll Vouchers (Coleman)
Payroll check numbers537461 through 537484in the amount of $552,138.37,
electronic deposit transmissions in the amount of $1,619,454.89 for a grand total
of $2,171,593.26 for the period coveringAugust 3, 2017 to August 16, 2017.
F. Public Works Project No. MS1510* (Snyder)
City Council to approve Final Pay Estimate No. 2 to Contract No. 17-01 in the
amount of $9,197.43 and accept construction of Project No. MS1510, 104th
Avenue SE building demolition
G. Public Works Project No. CP1512* (Snyder)
City Council to approve Final Pay Estimate No. 8 to Contract No. 16-13 in the
amount of $0.00 and accept construction of Project No. CP1512, 2015 Sewer
Repair and Replacement
H. Public Works Project No. CP1621* (Snyder)
City Council to approve Final Pay Estimate No. 2 to Contract No. 17-08 in the
amount of $14,285.25 and accept construction of Project No. CP1621,
Emergency Airport Hangar Beam Replacement
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. RESOLUTIONS
A. Resolution No. 5310* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to amend the termination dates of the Comprehensive Agreements for
Solid Waste Collection in annexed areas between the City and Republic
Services Inc., and to extend the Solid Waste Collection Contract between the
City and Waste Management
B. Resolution No. 5311* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, approving
the Policy and Procedures for Investment Practices
C. Resolution No. 5312* (Heid)
A Resolution of the City Council of the City of Auburn, Washington, amending
Section F, City Clerk Fees, of the current City of Auburn Master Fee Schedule
D. Resolution No. 5313* (Snyder)
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
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the Washington State Department of Transportation relating to a project on
Auburn Way South from SR-18 to 17th Street SE
XI. 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
XII. 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.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of City Council study session meetings for: April 10,
2017; January 25, 2016; November 30, 2015; December 14,
2015
Date:
August 10, 2017
Department:
Administration
Attachments:
April 10, 2017 Study Session Minutes
January 25, 2016 Study Session Minutes
Nov 30, 2015 Study Session Minutes
December 14, 2017 Study Session Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:August 21, 2017 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 99
Page 1
CITY COUNCIL STUDY SESSION AND
SPECIAL FOCUS AREA
APRIL 10, 2017 – 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor Largo Wales called the meeting to order at 5:30 p.m. in the
Council Chambers of Auburn City Hall located at 25 West Main Street,
Auburn.
A. Roll Call
Councilmembers present: Deputy Mayor Wales, Bob Baggett,
Claude DaCorsi, Bill Peloza, and Yolanda Trout-Manuel.
Councilmember Rich Wagner arrived at 5:31 p.m. Councilmember
John Holman was excused.
Department directors and staff members present included: City
Attorney Daniel B. Heid, Police Chief Bob Lee, Community
Development and Public Works Director Kevin Snyder, Utilities
Engineering Manager Lisa Tobin, Assistant Director of Engineering
Services/City Engineer Ingrid Gaub, Capital Projects Manager
Ryan Vondrak, Project Engineer Luis Barba, Water Utility Engineer
Susan Fenhaus, Senior Planner Thaniel Gouk, Director of
Administration Dana Hinman, Innovation and Technology Director
Paul Haugan, Parks, Arts and Recreation Director Daryl Faber,
Assistant Director of Public Works Services Randy Bailey, and City
Clerk Danielle Daskam.
II. ANNOUNCEMENT, REPORTS AND PRESENTATIONS
Deputy Mayor Wales announced she would like to discuss the provision of
food for Councilmembers during study sessions under New Business.
III. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 6648
An Ordinance of the City Council of the City of Auburn,
Washington, creating a new Section 9.96.030 of the Auburn City
Code relating to vehicle trespass
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City of Auburn Council Meeting Minutes April 10, 2017
Page 2
City Attorney Heid and Police Chief Lee presented Ordinance No.
6648, which relates to vehicle trespass.
City Attorney Heid explained the code amendment is needed to
address a trespass violation for a person who knowingly enters or
remains unlawfully in a vehicle without the permission of the owner
but has not yet done anything that would indicate an intent to
commit a crime. The ordinance would provide a tool that could
assist the police before a more serious crime occurs, such as theft
of property or auto theft.
Councilmember Trout-Manuel asked about the use of private home
security cameras. Chief Lee explained that the use of home
cameras is not addressed in Ordinance No. 6648, but the police
can use private security cameras and recordings to identify
suspects and make arrests.
Councilmember Peloza expressed support for the ordinance.
IV. PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS
Councilmember Rich Wagner, chair of the Public Works and Community
Development Special Focus Area, presided over the meeting during
discussion of the Special Focus Area items.
A. Street Sweeping Program
Assistant Director Bailey discussed the new functionality relating to
street sweeping.
Each January, the Vegetation Supervisor develops a new street
sweeping schedule. The new street sweeping schedule, which
runs from March 1 through the end of September, is posted on the
City’s web site by February 1st. Any adjustments to the schedule or
sweeping day are usually made during the off-season. Residents
are able to access the street sweeping schedule by entering their
address or finding their address on the color-code street sweeping
map.
There are 19 separate sweeping zones in the city. When a new
development/neighborhood is developed, the city staff review
adjacent sweeping zones and garbage routes and will incorporate
the new neighborhood into a zone until the routes are reconfigured
in the next year.
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City of Auburn Council Meeting Minutes April 10, 2017
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The City has two full-time vacuum sweepers along with one back
up sweeper.
Deputy Mayor Wales expressed concern with leaves in the
roadway. Assistant Director Bailey advised that October 1st
through the end of the year is dedicated to leaf sweeping.
Assistant Director Bailey reported that staff members are working
on several short videos for YouTube that will educate residents on
yard waste and street sweeping services.
B. Capital Projects Update and Featured Capital Project
Discussion
Capital Projects Manager Vondrak presented a PowerPoint for the
overall status of capital projects and a general preview of current
and upcoming construction activities.
Four projects have been completed in 2017. Ten projects are
currently under construction and 13 additional projects will be under
construction by summer of 2017.
Manager Vondrak reviewed the M Street SE Improvements (3rd
Street SE to East Main Street) Project that will be under
construction this summer and will require a full closure of M Street
SE. The project includes the replacement of storm, sanitary sewer
upgrades, water services, ITS, curbs, gutters and sidewalks, and
full depth pavement repair and overlay.
The M Street SE project will require the full closure of M Street SE
for two months. Closing the roadway will reduce the construction
time by half, and staff anticipate having the road open by
September 1, 2017. Public outreach it occurring now. Advance
notice will be signed and the detour will be signed.
Project Engineer Luis Barba presented a general project update for
the Fulmer Wellfield Improvements Project. Using a PowerPoint
presentation, Engineer Barba identified the location of the project in
the vicinity of 5th Street NE and K Street NE and described some of
the components of the project.
Water Utility Engineer Susan Fenhaus reviewed the history of the
Fulmer Wellfield. In the early 1970’s, Well 2 was drilled and put on
line. In 1999, Well 6 was added along with a new well house. The
corrosion facility was put on line in 2002. In 2009, it was
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City of Auburn Council Meeting Minutes April 10, 2017
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discovered one of the well pumps failed in Well 6. A short time
later, Well 2 failed. The Fulmer Wellfield Study took place from
2012 to 2015. The study found that the wells should run near
continuously for optimum operation. Once restored, Wells 2 and 6
will provide thirty percent of Auburn’s independent water supply.
Design of the project will be completed this month. Construction
will start in May and construction is anticipated to be complete in
September 2017. Total cost of the project is approximately
$1,560,00.00.
Councilmember Wagner inquired regarding the percent of
completion for Project CP1317. Water Utility Engineer Fenhaus
reported that forty percent of the meters have been installed and all
of the software required to manage the meters has been installed.
Councilmember Baggett inquired regarding traffic signal
coordination and synchronization, especially from Main Street
southbound to State Route 18. Assistant Director Gaub stated the
City has limited control of the state traffic signals at the ramps. The
City would have to take control of the signals and maintain them to
the state standards at the City’s cost. Councilmember Baggett
urged the Council to review options to improve the traffic flow in the
area. Assistant Director Gaub offered to update the Council as
soon as she receives additional information from the state.
Councilmember Peloza suggested reviewing the signal at 3rd Street
and A/B Street NW.
C. Ordinance No. 6644 (Snyder)
Relating to residential uses allowed in the C-1, Light Commercial
Zoning District, and development standards for mixed-use
development
Senior Planner Thaniel Gouk presented information on proposed
Ordinance No. 6644. On December 7, 2015, the City Council
enacted Resolution No. 5187 placing a moratorium prohibiting
residential uses previously allowed within the C-1, Light
Commercial zoning district. The moratorium stems from three
large residential projects permitted in 2015 where valuable
commercial land was being taken up by residential development.
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City of Auburn Council Meeting Minutes April 10, 2017
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Senior Planner Gouk summarized the Planning Commission’s
recommendation on the types of residential uses that might be
appropriate in the C1 Zone.
· Amend the definition of “mixed-use development” to clearly
require a residential component, where mixed-use is
allowed.
· Amend the list of allowed residential uses within the C-1
Light Commercial zoning district and thereby addressing the
moratorium. This amendment changes multiple family
dwellings as part of a mixed-use development from
permitted to prohibited and changes senior housing from
administrative to prohibited.
· Add a footnote to the code to address projects that are
vested to the zoning standards that were in place prior to the
moratorium.
· Amend/include in this footnote the types of uses that can
satisfy the non-residential component of a mixed-use
development; this also addresses the private code
amendment request by Promenade Apartments LLC, to
which they spoke in support of at the March 7, 2017 public
hearing.
· Amend the code language for mixed-use developments to
provide clear and consistent language for use by the public
and staff.
Senior Planner Gouk noted that all property owners of C-1 zoned
property were notified of the Planning Commission public hearing
on the proposed amendments.
V. OTHER DICUSSION
Deputy Mayor Wales noted that Councilmember Peloza has submitted a
list of items to be added to the next Municipal Services Special Focus
Area Agenda. Deputy Mayor Wales suggested that those who chair a
Special Focus Area should email the Deputy Mayor and clerks with items
for the Special Focus Area agenda. Deputy Mayor Wales suggested, for
those Councilmembers who do not chair a Special Focus Area, to bring
up the subject during New Business so that it can be scheduled for a
future study session.
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City of Auburn Council Meeting Minutes April 10, 2017
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VI. NEW BUSINESS
Deputy Mayor Wales requested the Council receive dinner for study
sessions that are anticipated to go beyond two hours in duration.
Councilmembers suggested the Deputy Mayor make the decision as to
whether dinner for the Council will be provided.
VII. MATRIX
Councilmember reviewed the matrix.
Councilmember DaCorsi requested postponing the ad hoc committee
report for the Deputy Mayor Selection Process to May 22, 2017.
Council discussed the City slogan and all expressed a willingness to not
use the slogan and remove the item from the matrix.
Councilmembers reviewed the Monthly Development Activity Report
through March 24, 2017, and briefly discussed the North Auburn Logistics
development and its status. Director Snyder stated the property has been
under development consideration since 2007 in various forms. The
developer has been working with the City through the permitting process,
and at one time the developer placed the project on hold for almost a
year. The developer is working through state and federal permitting due
to the wet condition of the property.
There was brief discussion regarding Don Small’s proposed gas station
project. Director Snyder and Assistant Director Gaub stated staff have
had three or four meetings with Mr. Small and his consultants over the
past year, but they have not applied for any permits at this time.
Councilmember DaCorsi suggested a staff presentation on the sequence
of events relating to the commercial and residential
permitting/development review process.
Councilmember Wagner requested a bi-annual review of the valuation for
building permits a couple months prior to the budgeting process.
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City of Auburn Council Meeting Minutes April 10, 2017
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VIII. ADJOURNMENT
There being no further discussion, the meeting adjourned at 7:24 p.m.
APPROVED this _____ day of _________________, 2017
_____________________________ _____________________
LARGO WALES, DEPUTY MAYOR Danielle Daskam, City Clerk
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City of Auburn Council Meeting Minutes April 10, 2017
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CA.A Page 12 of 99
City Council Study Session
January 25, 2016 - 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor Wales called the meeting to order at 5:30 p.m. in the
Council Chambers at Auburn City Hall, 25 West Main Street in Auburn.
A. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Rich
Wagner, Bill Peloza, John Holman, Claude DaCorsi, Yolanda Trout
and Robert Baggett.
Officials and staff members present included: Mayor Nancy
Backus, Parks, Arts and Recreation Director Daryl Faber, City
Attorney Daniel B. Heid, Assistant City Attorney Jessica Leiser,
Director of Administration Dana Hinman, Community Development
and Public Works Director Kevin Snyder, Assistant Director of
Engineering Services/City Engineer Ingrid Gaub, Assistant Director
of Community Development Services Jeff Tate, Assistant Director of
Public Works Randy Bailey, Police Commander Jamie Sidell,
Finance Director Shelley Coleman, Innovation and Technology
Director Paul Haugan, and Deputy City Clerk Shawn Campbell.
II. Announcements, Reports, and Presentations
A. Alive & Free Education Presentation (20 Minute Presentation/15
Minute Q&A) (Lee)
Police Commander Sidell introduced the Alive and Free staff from
the YMCA of Greater Seattle, Jovi Catena, Program Director, David
Lujano, Outreach Supervisor and Von Montenegro, Outreach
Worker.
Ms. Catena explained the Alive and Free program is part of the
Metro-Center Branch of the YMCA which is a non gym or
swim branch. They are a youth outreach service provider that
provides programs for youth and vulnerable families. The Alive
and Free program provides outreach for youth that are involved in
gangs, violence and the juvenile justice system. The Alive and Free
program has one full time outreach worker in the City of Auburn.
They partner with the Auburn School District, the Auburn Police
Department and other YMCA staff at the Alive and Free program. In Page 1 of 4
CA.A Page 13 of 99
2015, the Alive and Free program provided services to 60 young
people in the City of Auburn. Approximately half of them were able
to use the services to change their circumstances and
the remainder are still working with the program. The YMCA also
offers a warrant prevention program.
Commander Sidell stated the programs and services offered to the
youth in Auburn are extremely beneficial; the services are long term
and ongoing. The children do not lose services if they move among
districts, and it involves the youth and their parents.
Mr. Montenegro explained he has gotten to know the gang members
and has been able to build long term relationships. This makes
it easier to provide services to the youth in the area. He explained
his history and how is able to relate and contribute to the program.
Ms. Catena stated if the police department has a concern for a
young person regarding involvement with gangs or violence, they
share their information, and then Mr. Montenegro makes contact
with the young person. Their hope is to help the kids before they get
into trouble.
Council thanked them for the dedication and hard work on behalf of
the youth in Auburn.
B. Auburn Youth Resources Update (15 Minute Presentation/10 Minute
Q&A)
This presentation was postponed to a later date.
III. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Resolution No. 5203 (10 Minute Presentation/5 Minute Discussion)
(Faber)
Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an amendment to the
Conservation Futures Interlocal Cooperation Agreement between
King County and the City of Auburn for open space acquisition
projects
Director Faber explained this resolution allows the Mayor to amend
the Conservation Futures Interlocal Agreement allowing for
three allocations. The amount of the three allocation is $546,906.00,
which is fifty percent of the total purchase price of the Herr
properties. The funds must be used for open space conservation.
The design has been approved by King County.
B. Council Discussion on Pro/Con of the Study Session Format (30
Minute Presentation/45 min Q&A) (Hinman)
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Mayor Backus stated Council has asked for this topic to come back
for discussion. She has asked directors to put together information
from the staff point of view on the study session versus the
committee structure.
Directors Snyder, Heid and Haugan presented Council with their key
points for the Pro/Cons of the Council Study Session format. There
has been increased efficiencies for staff and increased feeling of
Council support. City Attorney Heid stated the Open Public Meetings
Act is much easier to adhere to with the current study session
structure. Director Haugan stated he is new to the City of Auburn
and feels it is very easy for staff to address Council in this current
format. Director Snyder provided the Council the pro/con document
that was developed when the City moved to study sessions. The
study sessions set a good foundation for directors to be able to carry
out the Council's requests. There is more transparency to the public
with only one meeting for public to view. There are staff additional
efficiencies.
Councilmember Peloza stated he feels the Council has lost value
without having the Council Operations Committee. That was a place
for Council to voice their opinion.
Councilmember Wagner stated the Council Operations Committee
struggled with removing the Council Operations Committee. He
misses the ability to bring concerns forward. He does like the ability
to talk to other Councilmembers without the concern of violating the
Open Public Meetings Act. He would like Council to have the ability
to bring things forward for consideration.
Councilmember DaCorsi stated he would like more substantive
materials brought before the Council for study sessions. He prefers
having all seven Councilmembers present at one meeting and
receiving information at the same time. It is up to the
Councilmembers to ask the questions and make the process work.
The Council needs to have robust involved discussions regardless
of the cameras.
Councilmember Trout stated Councilmembers need to not be afraid
to speak up in study sessions.
Councilmember Baggett stated this forum is working, it allows all
Councilmembers to receive the information at the same time and
it is more transparent for the public.
Councilmember Holman stated he is proponent of the study session
format. The Council should be out of the administration of the
City. The Council can still demonstrate expertise in areas. The
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current study session format allows all Councilmembers to be on
equal footing and have an equal say on each topic. He has concern
about the structure of the previous Council Operations Committee;
the seniority structure does not always put the best person in the
position.
Deputy Mayor Wales stated this is the first discussion on the study
session format. It seems that the Councilmembers needs to be more
courageous to speak their opinion. The Council may need a Council
Operations Committee to deal with housekeeping items.
Councilmember Wagner stated that seniority is not the best
qualification for the Council Operations Committee. He does feel
Councilmembers can provide guidance on policy decisions.
Director Snyder stated the Council can have a robust conversation
in a study session. It is up to the Council on how in-depth they want
the conversation to be.
C. Council Retreat Goals (5 Minute Presentation/10 Minute Q&A)
(Hinman)
Director Hinman provided Council the matrix from the Council
Retreat. She reviewed the items that the City has already done to
complete the goals. The Healthy Cities Initiative is in process. The
Blue Ribbon Committee will meet by the end of January 2016.
IV. EXECUTIVE SESSION
At 7:35 p.m., Deputy Mayor Wales recessed the meeting to executive
session for approximately fifteen minutes in order to discuss
pending/potential litigation pursuant to RCW. 42.30.110(1)(i). City
Attorney Heid and Assistant City Attorney Leiser attended the executive
session. No action was anticipated following the executive session.
V. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 7:52 p.m.
APPROVED THE 21st DAY OF AUGUST, 2017.
_______________________ ______________________
Largo Wales, Deputy Mayor Shawn Campbell, Deputy City Clerk
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City Council Study Session
November 30, 2015 - 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor Holman called the meeting to order at 5:30 p.m. in the
Council Chambers at Auburn City Hall, 25 West Main Street in Auburn.
A. Roll Call
City Councilmembers present: Deputy Mayor Holman, Rich Wagner,
Bill Peloza, Largo Wales, Wayne Osborne, Claude DaCorsi and
Yolanda Trout.
City officials and staff members present included: Mayor Nancy
Backus, City Attorney Daniel B. Heid, Police Chief Bob Lee, IT
Director Paul Haugan, Community Development and Public Works
Director Kevin Snyder, Assistant Director of Engineering and City
Engineer Ingrid Gaub, Assistant Director of Community
Development and Public Works Jeff Tate, Utilities Engineering
Manager Lisa Tobin, Storm Drainage Engineer Tim Carlaw, Water
Quality Program Coordinator Chris Thorn, Civil Engineer Shannon
Howard, Code Compliance Officer Jason Arbogast, Director of
Parks, Arts and Recreation Daryl Faber, Finance Director Shelley
Coleman and City Clerk Danielle Daskam.
II. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Abatement Actions
Assistant Director Tate and Code Compliance Officer Arbogast
explained the presentation is a prelude to a resolution that will be
before Council on December 7, 2015. The resolution will include
four properties that staff is requesting approval for abatement. All
four properties are vacant and without a local responsible
authority/person. The first step in the abatement process is the
ability to provide notification to property owners that authority has
been given to proceed with abatement action. Sometimes this
notification is sufficient to have the property owner comply with City
Code. If the property owner does not comply then staff would move
forward with abatement action.
Code Compliance Officer Arbogast reviewed each of the four
properties: 1101 Pike Street NE (the property owner is deceased),
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1615 M Street NE (property owner is deceased and there
is suspected arson), 901 8th Street SE (owner currently living in
China; unknown if owner will return), 31807 118th Place SE (owner
deceased with transient activity).
Assistant Director Tate anticipates costs to be no more than
$1,500.00 each, which will be liened against the property.
Councilmember Osborne suggested using plexiglass rather than
plywood to board up houses so that police can see inside
the building, and it is less obvious from the street that it is a boarded
up house.
B. 3rd Quarter 2015 Financial Report (10 Minute Presentation/5 Minute
Q&A) (Coleman)
Director Coleman reviewed the Third Quarter Financial Report using
the overview. She explained the lower collection of taxes on electric
and gas is due to the mild winter. The intergovernmental increase is
from the King County District Court. The court costs are trending
higher due to over 3,100 additional filings compared to last year.
Director Coleman reviewed the building permit revenue, which is
strong but not as high as last year. The Real Estate Excise Tax is up
due to high real estate activity. The Enterprise Funds are
mostly operating at a gain rather than loss. There is a loss in the
Airport Fund. The Insurance Fund does not have a revenue source
and is funding the unemployment insurance.
Director Coleman explained the local street fund, Save Our Streets
Fund, receives sales tax revenue from construction. Director
Coleman also reviewed the capital project expenditures for the
Arterial Street Fund, Local Street Fund, and Arterial Street
Preservation Fund.
Director Coleman reviewed a separate spreadsheet reflecting the
status of traffic impact fees, park impact fees and system
development charges.
Councilmember Peloza inquired whether the City is utilizing the full
capacity to tax cable television. Director Coleman stated the cable
franchise fee is five percent. The City has assessed a one percent
cable utility tax; state law allows a cable utility tax up to six percent.
The one percent utility tax on cable is allocated to the Arterial Street
Preservation Fund.
In response to questions from Councilmember DaCorsi, Director
Coleman stated the City is self-insured for unemployment benefits.
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C. Low Impact Development (LID) Outreach and Education (15 Minute
Presentation/15 Minute Q&A) (Snyder)
Director Snyder introduced Utilities Engineering Manager Lisa Tobin
and members of the Low Impact Development core group: Storm
Drainage Engineer Tim Carlaw, Civil Engineer Shannon Howard,
and Water Quality Program Coordinator Chris Thorn. Consultants
from SVR/MIG, Brice Maryman and Lolly Kunkler, presented a
PowerPoint presentation on Low Impact Development.
Mr. Maryman explained that the State of Washington Department of
Ecology has mandated that the City of Auburn and other
jurisdictions in the state adopt Low Impact Development (LID)
related regulations and standards no later than December 31, 2016.
The adoption of LID regulations and standards will have far reaching
implications on public and private activities involving land within the
city limits.
LID principles are: conserve vegetation and native soils; reduce and
disconnect impervious surfaces; infiltrate rain on sites; smaller
decentralized facilities rather than big ponds.
Challenges of implementing LID include: training and business
processes needed for LID planning, permitting and construction;
private sector inexperience with LID permitting and design;
enhanced need for maintenance resources and a shift in
maintenance practices; site and geotechnical conditions;
and retrofitting existing infrastructure.
Benefits of Implementing LID include: increases economic
development opportunities; protects open space and natural areas;
affords more creative design opportunities; reduces urban flooding;
preserves and restores habitat; enhances ground water recharge; in
addition to benefits to aesthetics, health and mental well-being,
qualify of life, and traffic calming.
LID uncertainties include: local and regional politics; public and
private development costs; market perception; training; public
reaction; city code, policy and enforcement; and capital and
maintenance costs.
LID aligns with Auburn's values: Character - developing and
preserving attractive and interesting places; Wellness - promoting
community-wide health and safety wellness; Service - providing
transparent government service; Economy - encouraging a diverse
and thriving marketplace; Celebration - celebrating our diverse
cultures, heritage, and community; Environment - stewarding our
environment; Sustainability - creating a sustainable future for our
community.Page 3 of 5
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Manager Tobin reported the LID core group has been working for
over a year on the proposed code amendments, and she anticipates
the draft code will be presented to Council in April 2016.
Councilmembers discussed permeable surfaces, narrower streets,
surface water versus stormwater, and maintenance of facilities.
D. Fee Schedule Update (10 Minute Presentation/10 Minute Q&A)
(Heid)
City Attorney Heid presented Resolution No. 5181, amending the
fee schedule to reflect 2016 fees. City Attorney Heid stated it is
administration's philosophy to recover costs. Each department
analyzes their fees annually to ensure cost recovery.
Councilmember Wagner questioned whether the City should provide
information on aggregate development fees for single family
residential units.
Councilmember Peloza noted there is no damage deposit listed for
the Veterans Building.
Councilmember Peloza also questioned whether the Auburn Avenue
rental rates should include specific durations.
Councilmember Wagner noted a new section where the Mayor can
waive fees where the City of Auburn is the applicant or other
government agencies or non-profits are the application.
Councilmembers suggested adding a rental fee for use of the City
Hall Plaza area.
E. Resolution No. 5188 (5 Minute Presentation/10 Minute Q&A)
(Mayor Backus)
A Resolution of the City Council of the City of Auburn, Washington,
updating the City of Auburn's Vision Statement and Mission
Statement and establishing the City of Auburn's Core Values
Mayor Backus presented Resolution No. 5188, which updates the
City's current Vision and Mission Statements and establishes the
City's Core Values.
Councilmember Wales suggested the word "citizen" should be
changed to "resident" or some other term.
Councilmember DaCorsi suggested using the terms "residents,
citizens and business community" as part of the Mission Statement.
III. OTHER DISCUSSION ITEMS
Page 4 of 5
CA.A Page 20 of 99
Councilmember Osborne suggested the City allocate funds for
demolition of houses where the City has acquired the property for some
other use. Councilmember Osborne stated boarded up facilities degrade
the surrounding neighborhood. Assistant Director Gaub explained the
reason for the delay is the need to conduct a hazardous materials study
of the house first, and then a contracting process, which take in excess
of 90-120 days.
Councilmember Trout requested a list of city-owned
structures/properties.
Director Snyder suggested a property management plan for each
property at time of purchase.
IV. ADJOURNMENT
There being no further discussion, the meeting adjourned at 7:13 p.m.
APPROVED THIS __________ DAY OF ______________, 2017.
___________________________ _________________________
LARGO WALES, DEPUTY MAYOR Danielle Daskam, City Clerk
Page 5 of 5
CA.A Page 21 of 99
City Council Study Session
December 14, 2015 - 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor John Holman called the December 14, 2015, City Council
Study Session to order at 5:39 p.m. in the Council Chambers of Auburn
City Hall, 25 West Main Street, Auburn, WA, 98001.
A. Roll Call
City Councilmembers present: Deputy Mayor John Holman, Rich
Wagner, Bill Peloza, Largo Wales, Wayne Osborne, Yolanda Trout
and Claude DaCorsi.
Department Directors and staff members present included: City
Attorney Daniel B. Heid, Community Development and Public Works
Director Kevin Snyder, Assistant Director of Engineering
Services/City Engineer Ingrid Gaub, Assistant Director of
Community Development Services Jeff Tate, Planning Services
Manager Jeff Dixon, Utilities Engineering Manager Lisa Tobin,
Water Utility Engineer Susan Fenhaus, Code Compliance Officer
Jason Arbogast, Code Compliance Officer Chris Barack, Code
Compliance Officer Tami Kapule, Parks Arts and Recreation Director
Daryl Faber, Innovation and Technology Director Paul Haugan,
Administrative Services Director Dana Hinman, Police Chief Bob
Lee, Police Sergeant Dan O'Neil, Police Officer Jason Blake,
Finance Director Shelley Coleman, and Deputy City Clerk Shawn
Campbell.
II. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Junior City Council Budget Presentation (5 Minute Presentation /10
Minute Q&A)
Junior City Councilmembers Sydney Campbell, Tyler Cushings and
Bandon Barring presented the Junior City Council 2016 Budget to
Council. The budget includes funds for various prizes and activities
at community events and funds for four Junior City Councilmembers
and a chaperone to attend the National League of Cities Conference
in Washington DC.
Councilmember Wagner suggested the Junior City Council connect
with the National League of Cities presenters who presented in
Seattle recently on youth involvement.Page 1 of 5
CA.A Page 22 of 99
B. Water District #111 and Algona Wholesale Rates (10 Minute
Presentation/10 Minute Q&A) (Snyder)
Utilities Engineering Manager Tobin and Water Utility Engineer
Fenhaus presented the Water District No. 111 and the City of
Algona wholesale water rates to Council.
Manager Tobin stated the City provides wholesale water to two
customers Water District No. 111 and the City of Algona. The water
comes from the City's water services and water the City buys from
the City of Tacoma. This water is the only source of water for the
City of Algona and about a third of the water for Water District
No. 111.
Manager Tobin reviewed the basis of wholesale water
agreements. She reviewed the Intertie Agreements with both Water
District No. 111 and Algona as well as the City's delivery
commitment, capital investments paid to Auburn, the historical rates,
and the responsibility for operation, rehabilitation and replacement
costs.
Manager Tobin reviewed the factors the city uses when determining
what the City of Auburn will charge for wholesale water. They
include the cost of Auburn's water supply including the water the
City receives from Tacoma Water, equity between wholesale water
customers, wholesale water customer's investment in Auburn water
system, quality and source of water supplied to wholesale water
customers and the City of Auburn's rehabilitation and replacement
costs.
Manager Tobin explained staff is asking Council to consider if the
Water District No. 111 wholesale rate should be increased to match
the City of Algona's rate, should the City conduct a wholesale rate
study in 2017 in conjunction with the planned utility rate study to
evaluate the single wholesale rate for 2018 and beyond; and if the
City purchases water from Tacoma Water, should the rate be
passed onto the wholesale water customers.
Council discussed the questions and requested the wholesale rate
study be conducted and the results brought back to Council to be
able to consider the remaining questions.
Manager Tobin explained the water rate study will take time,
staff will bring the results back to Council some time next year.
C. Adjacent Purveyor Service Areas (15 Minute Presentation/15 Minute
Q&A) (Snyder)
Page 2 of 5
CA.A Page 23 of 99
Utilities Engineering Manager Tobin and Water Utility Engineer
Fenhaus presented information to Council on Adjacent Purveyor
Service Areas.
Water Utility Engineer Fenhaus explained staff is considering
whether portions of Auburn served by other water districts should be
considered to receive service from the City of Auburn. There are
four different areas of Auburn that are currently being served by
adjacent water purveyors (Bonney Lake Water, Lakehaven Water,
City of Kent Water and Water District No. 111.) To be able to provide
the Auburn residents with Auburn water, who receive water service
from Bonney Lake and Lakehaven there would be a large capital
cost. The capital cost for providing water to the residents receiving
their water from the City of Kent and Water District No. 111 would
be less.
The Council was advised if the City chose to pursue providing water
for residents currently receiving water from an adjacent purveyor
new interlocal agreements would have to be reached there would be
amendments to the Comprehensive Water plan, the City would need
SEPA review for all plan amendments, the City would have to
coordinate Water System Plan amendments with South King and
Pierce County, and there would have to be a Boundary
Review Board hearing.
Utilities Engineering Manager Tobin noted the City of Kent has
approached the City of
Auburn about changing the boundary. Staff is asking Council to
consider whether the assumption of the Kent and Water District No.
111 areas warrant additional
evaluation and discussion. If Water District No. 111 is not in favor of
an assumption does Council believe that an effort to pursue
assumption is warranted. Does Council believe to expand water
service into Bonney Lake and Lakehaven service areas has an
acceptable return on investments and be further evaluated.
Councilmember DaCorsi expressed concern about long
payback times.
Councilmember Osborne stated this could be beneficial to the
citizens of Auburn because it would reduce their overall rates.
The Council should look at it for the benefit of the citizens.
Council discussed talking to the other water service districts to see if
they are interested.
D. Capital Facilities Plans and School Impact Fees (5 Minute
Presentation/5 Minute Q&A) (Snyder)
Page 3 of 5
CA.A Page 24 of 99
Planning Services Manager Dixon presented the annual
Comprehensive Plan Amendment and the revision of the School
Impact Fees. The updated fees will be brought back to Council for
approval in January of 2016.
Manager Dixon explained the City is limited to changing the
Comprehensive Plan once a year. These changes went before the
Planning Commission, and they held a public hearing last week.
Manager Dixon explained the rate for the school impact fees have
been set the same for all for the districts. The City has opted with
aligning the school impact fee with Pierce County, so that the cost of
doing business inside Auburn would not be more expensive than
outside the City.
E. Year End Report - Code Enforcement and Abatement Program (20
Minute Presentation) (Snyder)
Assistant Director Tate introduced Code Enforcement Officers Jason
Arbogast, Chris Barack and Tami Kapule.
Code Enforcement Officer Barack went through the typical cases
that Code Enforcement deals with.
Code Enforcement Officer Arbogast reviewed the process that Code
Enforcement goes through. They find the responsible party,
introduce themselves and build relationships, notice the property
with a Notice to Correct and if the problem is not remedied, they
obtain Council approval for abatement of the property. Each
step takes time and some property owners are willing to take
corrective action without any legal action on the part of the City.
Code Enforcement Officer Arbogast reviewed a house that the City
Council authorized abatement action on. He explained the budget
now includes a line item for abatement.
Code Enforcement Officer Kapule explained the community
outreach and education the department is able to do.
The 2016 initiatives for the code enforcement department are:
changing the administrative provision of the code to make it more
efficient and faster, proactive engagement of multifamily property
owners, focus on impression corridors and gateways, expand
mental health connections, expand volunteerism to resolve issues
and renew the approach to City graffiti responses.
Code Enforcement Officer Arbogast explained staff has the mindset
of working with the people. When an area has two to three nice
properties and one problem property the neighbors want to work
Page 4 of 5
CA.A Page 25 of 99
with the City to get the area cleaned up.
Code Enforcement Officer Kapule explained sometimes people
need assistance with mental health issues. The City is able to make
the conncections with the local mental health providers.
Mayor Backus explained the Code Enforcement team and
Community Response Team from the Police Department partner
together for some cases.
F. 2016 Legislative Agenda (15 Minute Presentation/10 Minute Q&A)
(Hinman)
Administrative Director Hinman explained staff is working with
Washington2 Advocates and Thompson Consulting Group to
develop the City's 2016 Legislative Agenda.
Councilmember Wagner asked if the City needs to defend SST
mitigation this year. Director Coleman explained it is set by the
legislature, at this time it is not a proposed cut.
Councilmember Wales requested the Council work on procuring
sustainable funding for public health.
Councilmember Peloza asked for a section on hazardous waste
transportation. Director Hinman stated the federal government did
pass something regarding hazardous waster transportation with
good language.
Councilmember Wagner suggested the City find a way to partner
with the Federal Government to build a new post office.
III. OTHER DISCUSSION ITEMS
There was no other discussion.
IV. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 7:55 p.m.
APPROVED THIS _______ DAY OF ____________________, 2017.
_______________________________ ________________________
LARGO WALES, DEPUTY MAYOR Shawn Campbell, Deputy City Clerk
Page 5 of 5
CA.A Page 26 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 7, 2017 $20 Car Tab Fee Ad Hoc
Committee Meeting
Date:
August 15, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:August 21, 2017 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 27 of 99
Page 1
CAR TAB AD HOC COMMITTEE
MEETING MINUTES
August 7, 2017 6:00 PM
I. CALL TO ORDER
Deputy Mayor Wales called the meeting to order at 6:02 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street in Auburn.
A. Roll Call
Ad hoc Committee members present: Deputy Mayor Largo Wales,
ex officio; Claude DaCorsi, and Bob Baggett. Member Bill Peloza
arrived at 6:07.
Mayor Nancy Backus, Councilmember Yolanda Trout-Manual, and
Councilmember Holman were in attendance. The following
department directors and staff members were present: City
Attorney Dan Heid, Assistant Director of Engineer Services/City
Engineer Ingrid Gaub, Police Commander Dan O’Neil, Parks, Arts
and Recreation Director Daryl Faber, Finance Director Shelley
Coleman, Director of Administration Dana Hinman, and Deputy City
Clerk Shawn Campbell.
II. CONSENT AGENDA
A. Minutes of the July 3, 2017 Ad Hoc Committee Meeting
Councilmember DaCorsi moved and Councilmember Baggett
seconded to accept the consent agenda.
MOTION CARRIED UNANIMOUSLY. 3-0
III. COUNCIL AD HOC COMMITTEE DISCUSSION ITEMS
A. Discussion of the Full Spectrum of Issues Regarding the $20
Car Tab Fee
Director Coleman reviewed the REET Funds that staff stated can
be delayed for 2017 and 2018 and the fund balance transfer the
CA.B Page 28 of 99
City of Auburn Car Tab Ad Hoc Committee Meeting Minutes August 7, 2017
Page 2
Mayor offered to help support roads for a total of $2,891,500.00.
She reminded Council these are all one-time funds, and the
projects will need to be funded in the future. She also stated the
State has signed their budget, and the Streamline Sales Tax that
the City receives has been reduced in the next budget. The
legislature is also looking at the Marketplace Fairness Act that
could reduce funds to the City.
Councilmember DaCorsi provided the ad hoc committee members
a PDF of a slideshow from a different pavement rating company. It
has a list of what they use to create their pavement rating.
Assistant Director Gaub explained there are various vendors to do
the pavement ratings. City staff always review the road prior to
work to confirm they agree with the rating from the vendor. The
other jurisdictions in the area are trying to get to a PCI of 70. An
additional factor that needs to be considered is whether to replace
the underground infrastructure once the roads deteriorate or fail
and construction is underway. The water utility would need
additional funds to replace the underground equipment.
Councilmember DaCorsi stated the Council cannot currently fund
the full $7 million a year. The Council needs to find an amount that
is sustainable. He suggested starting with $1 million this year and
then the next budget cycle allocate an additional $500,000.00, and
then add additional funds annually.
Councilmember Baggett stated the City needs to establish a
reserve account for road preservation.
Deputy Mayor Wales explained this needs a long term solution, it
will have to be done gradually. She requested staff develop a multi-
year plan that shows the funds needed to be allocated each year
and any additional staffing that would be needed. Director Coleman
stated she will need a list of critical roads over the next 5 years and
the estimated costs of repair or replacement. She can then work on
developing a list.
Councilmember Peloza asked if the ad hoc committee is interested
in using the REET funds from items that can be delayed to put
towards roads. He is not in favor of a $20 car tab fee based on the
other taxes for the residents of Auburn.
Councilmember Baggett stated he would like to finish this ad hoc
committee and make a recommendation to full Council.
CA.B Page 29 of 99
City of Auburn Car Tab Ad Hoc Committee Meeting Minutes August 7, 2017
Page 3
Deputy Mayor Wales stated this subject is larger than the $20 car
tab fee, and the Council will need to develop a long range plan.
Councilmember DaCorsi moved and Councilmember Baggett
seconded to take $2,891,000.00 million (from REET funds and a
fund balance transfer) to be added into the road projects budget.
Deputy Mayor Wales stated she does not want to take away the
funds designated to rebuild on the golf course.
MOTION CARRIED UNANIMOUSLY. 4-0
IV. ADJOURNMENT
There being no further business, the meeting adjourned at 6:58 p.m.
APPROVED THIS 21th DAY OF August, 2017.
Deputy Mayor Wales, Chair Shawn Campbell, Deputy City Clerk
CA.B Page 30 of 99
City of Auburn Car Tab Ad Hoc Committee Meeting Minutes August 7, 2017
Page 4
CA.B Page 31 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 7, 2017 Regular City Council Meeting
Date:
August 15, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:August 21, 2017 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 32 of 99
Page 1
CITY COUNCIL
MEETING MINUTES
August 7, 2017 7:00 PM
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:03 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street, and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob
Baggett, Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-
Manuel, and Rich Wagner.
Mayor Nancy Backus was in attendance, and the following
department directors and staff members were also present: Parks,
Arts and Recreation Director Daryl Faber, Finance Director Shelley
Coleman, City Attorney Daniel B. Heid, Police Commander Dan
O’Neil, Innovation and Technology Director Paul Haugan, Assistant
Director of Engineering Services/City Engineer Ingrid Gaub,
Assistant Director of Innovation and Technology Ashley Riggs, and
City Clerk Danielle Daskam.
II. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
There was no announcement, proclamation or presentation.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
A revised agenda bill for Public Works Project CP1513 was distributed
prior to the meeting.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
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City of Auburn Council Meeting Minutes August 7, 2017
Page 2
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue. Those wishing to speak are
reminded to sign in on the form provided
Guadalupe Macias Rivera, 123 C Street NW, Auburn
Ms. Rivera requested respectful treatment of audience members
and requested additional diversity on City boards and commissions.
Roland Kidd, 210 13th Street SW, Auburn
Mr. Kidd complained about election signage left on his street.
Matthew Costello, 3611 I Street NE, Auburn
Mr. Costello spoke regarding homeless people in his neighborhood
and on the levy. He sated he was fearful for his family’s safety.
Mayor Backus reported a homeless shelter will be opening at the
Valley Cities and Counseling location. Mayor Backus encouraged
Mr. Costello to call 9-1-1 any time he has a concern for safety.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen expressed dissatisfaction that she was not notified of
the R Street SE Storm Sewer Project in her neighborhood. She
also spoke regarding neighboring property to Fulmer Field, the
homeless, and fill and plantings at Cedar Lane Park.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Councilmember Baggett, chair of the Finance ad hoc committee that
reviews claims and payroll vouchers, reported he and Councilmember
Wagner reviewed the payroll vouchers and electronic deposits in the
approximate amount of $2.4 million and claims vouchers and wire
transfers in the amount of approximately $3.6 million for the periods July
13, 2017 to August 2, 2017 and August 7, 2017, respectively. The ad hoc
committee recommends approval of the claims and payroll vouchers as
described on the Consent Agenda.
Councilmember DaCorsi, chair of the ad hoc committee on the selection
of the Deputy Mayor, reported the committee, consisting of himself and
Councilmembers Trout-Manuel and Peloza, concluded the work of the
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City of Auburn Council Meeting Minutes August 7, 2017
Page 3
committee, and Resolution No. 5308 appears on the agenda this evening
for Council consideration.
Deputy Mayor Wales, chair of the ad hoc committee on the $20.00 car
license fee, reported the ad hoc committee met this evening at 6:00. The
committee’s plan will be shared at a future Council study session.
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 July 24, 2017 Special City Council Meeting
B. Minutes of the July 17, 2017 Regular City Council Meeting
C . Minutes of the June 13, 2017 Special City Council Meeting
D. Minutes of City Council Study Session Meetings for: July 10, 2017;
June 12, 2017; November 9, 2015; October 12, 2015; and
September 28, 2015
C. Claims Vouchers
Claims voucher numbers 444959 through 445237 in the amount
of $2,515,265.76 and eight wire transfers in the amount of
$1,117,200.98 and dated August 7, 2017.
D. Payroll Vouchers
Payroll check numbers 537433 through 537460 in the amount of
$736,092.99 and electronic deposit transmissions in the amount of
$1,633,203.00 for a grand total of $2,369,295.99 for the period
covering July 13, 2017 to August 2, 2017.
E. Public Works Project No. CP1513
City Council award Contract No. 17-11 to DPK, Inc., on their low
bid of $1,234,017.50 plus Washington State sales tax of
$23,269.15 for a total contract price of $1,257,286.65 for Project
No. CP1513, 22nd Street NE and I Street NE Intersection
Improvements
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to approve the Consent Agenda.
The Consent Agenda includes minutes, claims and payroll vouchers, and
the award of Public Works Project CP1513.
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City of Auburn Council Meeting Minutes August 7, 2017
Page 4
Councilmember Peloza requested a list of the outstanding meeting
minutes.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
X. RESOLUTIONS
A. Resolution No. 5304
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an interlocal agreement with the
Pierce County Flood Control Zone District for the opportunity fund
program
Councilmember Holman moved and Councilmember Baggett
seconded to adopt Resolution No. 5304.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5308
A Resolution of the City Council of the City of Auburn, Washington,
amending the City Council Rules of Procedure as adopted by
Ordinance No. 5802 and amended by Resolution Numbers 4282,
4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115,
5217, 5240 and 5283
Councilmember DaCorsi moved and Councilmember Holman
seconded to adopt Resolution No. 5308.
Councilmember DaCorsi reported the ad hoc committee concluded
its work and recommends approval of Resolution No. 5308.
Councilmember Peloza thanked Councilmember DaCorsi for his
leadership on the ad hoc committee and thanked Councilmember
Trout-Manuel for her work on the committee.
MOTION CARRIED UNANIMOUSLY. 7-0
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City of Auburn Council Meeting Minutes August 7, 2017
Page 5
C. Resolution No. 5309
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute Information Technology Contracts
with Valley Regional Fire Authority, and the cities of Algona an
Pacific
Deputy Mayor Wales moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5309.
In response to questions from Council, Director Haugan stated the
contracts allow for additional services beyond the basic IT services,
and training is an additional service. The IT Department tracks
each service call and the amount of time expended on each.
Assistant Director Riggs explained the City does not provide Valley
Regional Fire Authority (VRFA) with GIS services; the City provides
the VRFA with the raw GIS data for analytics.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Deputy Mayor Wales reported she attended the King County Board
of Health meeting where the Board heard testimony from residents
regarding signage at limited service pregnancy centers.
Councilmember DaCorsi reported he attended the Washington
State Affordable Housing Advisory Board meeting where the Board
members discussed the impact of the state legislature’s failure to
adopt a capital budget. He also reported on attendance at National
Night Out events at The River with Assistant Finance Director
Kevin Fuhrer, Detective Faini, Police Commander Colglazier, and
Human Services Manager Erica Azcueta.
Councilmember Wagner reported on his attendance at the Cities
and Schools Forum where he met the new president of Green
River College. Councilmember Wagner also reported on his
attendance at the Pierce County Regional Council meeting.
Councilmember Holman reported the National League of Cities
First Tier Suburbs Council met in Auburn recently. The cities of
Auburn and Bellevue hosted Mayors and senior City
Councilmembers from across the United States. Councilmember
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City of Auburn Council Meeting Minutes August 7, 2017
Page 6
Holman also reported he attended the Forensics Investigation
Council.
Councilmember Baggett reported he attended the National Night
Out events with City Attorney Heid. He attended three
communities where common issues of concern were street lights
and homelessness. Councilmember Baggett also reported on his
attendance at the Pierce County Cities and Towns Advisory
Committee where the speaker was the Assistant Director of
Planning, Community Development and Public Works for Pierce
County.
Councilmember Trout-Manuel reported she attended the Lea Hill
Community Barbecue. Councilmember Trout-Manuel also reported
on her attendance at the Sound Cities Association Regional Law
and Justice Committee meeting where members received a
presentation on the juvenile court system. Councilmember Trout-
Manuel also reported on her attendance at National Night Out
events with Director Roscoe, Police Commander Caillier and
Detective Walker.
Councilmember Peloza reported on his attendance at the King
County Flood Control District committee meeting. The purpose of
committee is to provide annual recommendations on the District’s
annual work plan and capital projects. Councilmember Peloza also
reported on his attendance at the Regional Policy Committee
meeting where members discussed the Veterans and Human
Services Levy. Councilmember Peloza reported a new levy will be
on the November general election ballot to fund veterans, human
services and senior services at the rate of $0.10 per $1,000.00 of
assessed valuation.
B. From the Mayor
Mayor Backus reported on the community picnics that have been
held this summer and the upcoming picnic scheduled for the West
Hill neighborhood. Mayor Backus also reported on the grand
opening of a new affordable senior housing facility called The
Estates at Hillside Gardens, Auburn Summer Cruise-in at the
former Big Daddy’s site on the third Thursday of the summer
months; the White River Buddhist Temple Bon Odori celebration;
training for managers of multi-family residential units; Summer
Sounds and Cinema activities; and the King County Library
summer reading program. Mayor Backus reported on National
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City of Auburn Council Meeting Minutes August 7, 2017
Page 7
Night Out events and noted over 60 neighborhoods participated in
this year’s National Night Out.
XII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:07 p.m.
APPROVED THE ______ DAY OF AUGUST, 2017.
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
City Council agendas and minutes are available to the public at the City Clerk’s
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk’s Office.
Internet: http://www.auburnwa.gov
CA.C Page 39 of 99
City of Auburn Council Meeting Minutes August 7, 2017
Page 8
CA.C Page 40 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
August 16, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Approve Claims Vouchers
Background Summary:
Claims Vouchers 445238 through 445487 in the amount of $5,156,593.88 and two
wire transfers in the amount of $537,474.95 and dated August 21st, 2017
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:August 21, 2017 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 41 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
August 16, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Approve payroll vouchers.
Background Summary:
Payroll check numbers537461 through 537484in the amount of $552,138.37,
electronic deposit transmissions in the amount of $1,619,454.89 for a grand total of
$2,171,593.26 for the period coveringAugust 3, 2017 to August 16, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:August 21, 2017 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 42 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. MS1510
Date:
August 14, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Final Pay Estimate No. 2
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 2 to Contract No. 17-01 in the amount of
$9,197.43 and accept construction of Project No. MS1510, 104th Avenue SE Building
Demolition.
Background Summary:
The 104th Avenue SE Building Demolition project demolished and disposed of a
residential building that included a shed and a detached garage. Additional activities
included the removal and disposal of hazardous materials from the property,
severance of utilities serving the properties, removal and disposal of concrete
walkways and driveway, removal of the surrounding vegetation, and site restoration.
The property will be repurposed in the near future as part of a Transportation
Improvement Project.
No project budget contingency remains in the 102 Fund. The final contract amount is
within the budget and within the authorized contingency for the project.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:August 21, 2017 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 43 of 99
Project No: MS1510 Project Title:
Project Manager: Kim Truong
Project Initiation
Initiation Date: Nov. 21, 2016 Permision to Advertise
Advertisement Date: April 4, 2017 Contract Award
Award Date: May 15, 2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2016 2017
Future Years Total
102 Fund 5,550 95,900 101,450
Total 5,550 95,900 101,450
Activity Prior Years 2016 (Actual) 2017
Future Years Total
Design Engineering - City Costs 4,600 5,447 10,047
Design Engineering - Consultant Costs 950 4,000 4,950
Construction Contract Bid 65,945 65,945
Line Item Changes 7,230 7,230
Permitting / Other 635 635
Construction Engineering - City Costs 7,419 7,419
Construction Engineering - Consultant Costs 5,225 5,225
Total 0 5,550 95,900 0 101,450
Prior Years 2016 2017
Future Years Total
*102 Funds Budgeted ( )(5,550) (95,900) (101,450)
102 Funds Needed 5,550 95,900 101,450
*102 Fund Project Contingency ( )0 0
102 Funds Required 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
102 Arterial Street Budget Status
BUDGET STATUS SHEET
104th Avenue SE Building Demolition
Date: July 21, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\MS1510-104th Ave SE Building Demo\3.00 Project Management\3.20 Budget\MS1510
BudgetStatusSheet.xls 1 of 1CA.F Page 44 of 99
CA.F Page 45 of 99
CA.FPage 46 of 99
CA.F Page 47 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1512
Date:
August 10, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Final Pay Estimate No. 8
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 8 to Contract No. 16-13 in the amount of
$0.00 and accept construction of Project No. CP1512, 2015 Sewer Repair and
Replacement.
Background Summary:
The project replaced portions of the sanitary sewer system that had deteriorated or
were otherwise in need of repair due to issues that included pipe breakage, settling or
joint separation, or other problems. The specific repair sites are shown on the
attached vicinity map and were selected based on camera inspections showing need
for repair and knowledge or records indicating frequent inspection and maintenance
by City Sanitary Sewer Utility staff.
A project budget contingency of $147,186.00 remains in the 461 (Sewer) Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:August 21, 2017 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 48 of 99
Project No: CP1512 Project Title:
Project Manager: Seth Wickstrom
Project Initiation
Initiation Date: __7/24/15_______ Permission to Advertise
Advertisement Date: _8/11/16____ Contract Award
Award Date: _9/6/16__________ Change Order Approval
Final Acceptance
Funding Prior Years 2015 (Actual) 2016 (Actual)
2017 Total
461 Fund - Sewer 37,904 402,936 440,000 880,840
Total 0 37,904 402,936 440,000 880,840
Activity Prior Years 2015 (Actual) 2016 (Actual)
2017 Total
Design Engineering - City Costs 37,904 54,228 92,131
Construction Contract Bid 319,520 292,092 611,612
Change Order No. 1 21,900 21,900
Line Item Changes (56,647) (56,647)
Construction Engineering - City Costs 27,655 35,000 62,655
Construction Engineering - Consultant Costs 1,534 468 2,002
Total 0 37,904 402,936 292,814 733,654
Prior Years 2015 (Actual) 2016 (Actual)
2017 Total
*461 Funds Budgeted ( )0 (37,904) (402,936) (440,000) (880,840)
461 Funds Needed 0 37,904 402,936 292,814 733,654
*461 Fund Project Contingency ( )0 0 0 (147,186) (147,186)
461 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
2015 Sewer Repair and Replacement
8/9/2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
461 Sewer Budget Status
H:\PROJ\CP1512-2015SewerRepairAndReplacement\3.00 Project Management\3.20 Budget\CP1512 2015 Sewer R&R
BudgetStatusSheet.xls 1 of 1CA.G Page 49 of 99
CA.GPage 50 of 99
CA.G Page 51 of 99
CA.G Page 52 of 99
CA.G Page 53 of 99
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/27/2015
CA.G Page 54 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1621
Date:
August 10, 2017
Department:
CD & PW
Attachments:
Final Pay Estimate No. 2
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 2 to Contract No. 17-08 in the amount of
$14,285.25 and accept construction of Project No. CP1621, Emergency Airport
Hangar Beam Replacement.
Background Summary:
Resolution No. 5276 was adopted by City Council in January 2017 and declared that
an emergency existed in connection with the need to repair failing airport hangar
beams and granted the Mayor the authority to follow emergency contracting
procedures to complete the repairs. Construction Contract No. 17-08 completed these
emergency repairs, which included the replacement of 23 beams, weather protection
of the new and existing beams with paint coating (43 beams total), and measures to
prevent further degradation of beams showing signs of slight delamination (8 beams
total).
The original contract amount was $241,511.01. The original contract included the
potential to install metal siding to the new hangar beams as a long term weather
protection measure and did not include any weather protection measures to the
existing beams that were not being replaced. Based on recommendations from the
City’s structural engineering consultant, during construction it was decided that it
would be more cost effective to install a protective paint coating to the new and
existing beams as a short/medium term weather protective measure instead of only
installing the siding to the new beams. This change resulted in a net increase to the
contract of $7,297.19 for a total contract amount of $249,438.20.
The budget allocated for this project is $275,000.00, which breaks down as follows:
$15,000.00 consultant design and construction support, $4,106.40 building permit
fees, $1,340.00 testing and special inspections, $3,406.55 emergency temporary
shoring installation during design, and $249,428.20 construction contract; which
leaves $1,708.85 in project contingency.
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 55 of 99
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:August 21, 2017 Item Number:CA.H
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 56 of 99
CA.HPage 57 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5310
Date:
August 16, 2017
Department:
Finance
Attachments:
Res 5310
WM Contract Extension Letter
Budget Impact:
$0
Administrative Recommendation:
For discussion.
Background Summary:
The City of Auburn’s Comprehensive Garbage, Recyclables and Compostables
Collection Agreement with Waste Management expires December 31, 2017. The City
will exercise one of the extension options to extend the agreement 21 months to
September 30, 2019.
The City of Auburn Comprehensive Agreement for Solid Waste Collection in Annexed
Areas with Republic Services also expires December 31, 2017. Resolution No. 5310
will amend the expiration date to September 30, 2019.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:August 21, 2017 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 58 of 99
RESOLUTION NO. 5 3 1 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
AMEND THE TERMINATION DATES OF THE
COMPREHENSIVE AGREEMENTS FOR SOLID WASTE
COLLECTION IN ANNEXED AREAS BETWEEN THE CITY
AND REPUBLIC SERVICES INC. AND TO EXTEND THE
SOLID WASTE COLLECTION CONTRACT BETWEEN THE
CITY AND WASTE MANAGEMENT
WHEREAS, the City of Auburn entered into a waste and recyclables collection
contract with Waste Management Inc. in October 2011; and
WHEREAS, when the City of Auburn annexed the Lea Hill and West Hill areas in
2008, the Kent Meridian Disposal Company and Rabanco LTD, which are now Republic
Services Inc., were automatically given a collections franchise for the annexed territory
as each were the service provider at the time of annexation; and
WHEREAS, the City of Auburn's solid waste collection contracts with both Waste
Management Inc., and Republic Services Inc. will expire on December 31, 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to exercise the City's right to
extend for twenty-one months the term of the contract with Waste Management Inc.,
according to the terms and conditions of that contract.
Section 2. That the Mayor is authorized to execute an amendment extending
the term of the solid waste collection agreements with Republic Services Inc. for twenty-
one months.
Resolution No. 5310
August 4, 2017
Page 1 of 2RES.A Page 59 of 99
Section. _3. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
8 J'
el B. Heid, City A/ orney
Resolution No. 5310
August 4, 2017
Page 2 of 2RES.A Page 60 of 99
AMENDMENT No. 1
to the
CITY OF AUBURN COMPREHENSIVE AGREEMENT FOR
SOLID WASTE COLLECTION IN ANNEXED AREAS
CITY OF AUBURN-KENT-MERIDIAN DISPOSAL COMPANY DBA REPUBLIC SERVICES
Executed January 14,2008
WHEREAS, Kent-Meridian Disposal Company was providing solid waste and
recycling collection services to the Lea Hill area at the time the City of Auburn annexed
Lea Hill in 2008; and
WHEREAS, Upon annexation of the Lea Hill area,the City of Auburn was
required by RCW 35A.14.900 to grant Kent-Meridian Disposal Company a franchise to
continue its service within the annexed territory for seven years; and
WHEREAS, In January 2008, the City of Auburn,through Resolution 4290,
executed an agreement with Kent-Meridian Disposal Company for solid waste collection
in the annexed area, effective until December 31, 2017; and
WHEREAS, the City of Auburn now desires, and it is in the public interest to
extend the term of that agreement for an additional twenty-one months, and
WHEREAS, Republic Services, Inc.,which acquired Kent-Meridian Disposal
Company, desires to extend the January 2008 agreement for twenty-one months subject
to the same terms and conditions
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,the
sufficiency of which is acknowledged, The City of Auburn, a municipal corporation of
the State of Washington, and Republic Services, Inc. a Delaware corporation, agree to
amend the "City Of Auburn Comprehensive Agreement for Solid Waste Collection In
Annexed Areas" in the following manner for the purpose of extending the agreement's
term twenty-one additional months:
Attachment B of the Agreement is deleted and is amended to read as follows:
Attachment B: Terms of Agreement
BI: Ordinance 5346 through 12/31/2010
B2: Ordinance 5516 through 12/31/2012
B3 Ordinance 5937 through 12/31/2015
B4: Ordinance 6121 through 9/30/2019
B5: Ordinance 6122 through 12/31/2017"
RES.A Page 61 of 99
All other provisions of the Agreement and of any previous amendments remain in full
force and effect.
CITY OF AUBURN REPUBLIC SERVICES, INC.
NANCY BACKUS, MAYOR
Date: 2017 Title:
ATTEST: Date: 2017
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
di I
f1 Heid, City Attorney
RES.A Page 62 of 99
AMENDMENT No. 1
to the
CITY OF AUBURN COMPREHENSIVE AGREEMENT FOR
SOLID WASTE COLLECTION IN ANNEXED AREAS
CITY OF AUBURN-RABANCO LTD.DBA REPUBLIC SERVICES OF KENT
Executed January 14,2008
WHEREAS, Rabanco Ltd. was providing solid waste and recycling collection
services to the West Hill area at the time the City of Auburn annexed West Hill in 2008;
and
WHEREAS, Upon annexation of the West Hill area,the City of Auburn was
required by RCW 35A.14.900 to grant Rabanco Ltd. a franchise to continue its service
within the annexed territory for seven years; and
WHEREAS, In January 2008, the City of Auburn,through Resolution 4290,
executed an agreement with Rabanco Ltd. for solid waste collection in the annexed area,
effective until December 31, 2017; and
WHEREAS,the City of Auburn now desires, and it is in the public interest to
extend the term of that agreement for an additional twenty-one months; and
WHEREAS, Republic Services, Inc.,which acquired Rabanco Ltd., desires to
extend the January 2008 agreement for twenty-one months subject to the same terms and
conditions.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
sufficiency of which is acknowledged, The City of Auburn, a municipal corporation of
the State of Washington, and Republic Services, Inc. a Delaware corporation, agree to
amend the "City Of Auburn Comprehensive Agreement for Solid Waste Collection In
Annexed Areas" in the following manner for the purpose of extending the agreement's
term twenty-one additional months:
Attachment B of the Agreement is deleted and is amended to read as follows:
Attachment B: Terms of Agreement
Bl: Ordinance-5316-through 12/31/2010
B2: Ordinance 551.6 through 12/34/2012
13-3 Ordinance 5937 through 12/31/2015
B1: Ordinance 6121 through 12/31/2017
B5 Ordinance 6122 through 9/30/2019"
RES.A Page 63 of 99
All other provisions of the Agreement and of any previous amendments remain in full
force and effect.
CITY OF AUBURN REPUBLIC SERVICES, INC.
NANCY BACKUS, MAYOR
Date: 2017 Title:
ATTEST: Date:2017
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
ran Heid, City Atto ,•
RES.A Page 64 of 99
RES.A Page 65 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5311
Date:
August 16, 2017
Department:
Finance
Attachments:
Res 5311
Investment Policy 100-40
Budget Impact:
$0
Administrative Recommendation:
For discussion.
Background Summary:
In order to invest funds in a manner that will provide the highest investment return with
the maximum security while being responsive to financial obligations, it is appropriate
that the City have a policy to define the parameters and processes governing
investment practices. To achieve this goal, staff recommends the adoption of
Resolution No. 5311 authorizing the Mayor to implement Investment Policy 100-40,
marked as Exhibit A of the resolution.
Notes:
The existing policy has not been updated since 2003. Changes from the 2003 policy:
Increased maximum length of investment from 3 years to 5 years;
Removed Banker’s Acceptances and Commercial Paper;
Updated references; and
Added Standard & Poor’s (S&P) and Moody’s minimum ratings requirement.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:August 21, 2017 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 66 of 99
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 67 of 99
RESOLUTION NO. 5 3 1 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE POLICY AND PROCEDURES FOR
INVESTMENT PRACTICES
WHEREAS, the City has various financial responsibilities related to its
many functions and activities; and
WHEREAS, the City has financial assets in various funds; and
WHEREAS, the City also has the practice of approving and endorsing
policies and procedures via resolution of the City Council; and
WHEREAS, in order to invest funds in a manner that will provide the
highest investment return with the maximum security while being responsive to
its financial obligations, it is appropriate that the City have a policy to define the
parameters and processes used for investment practices.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the policy and procedures for investment practices,
index number 100-40, a copy of which is attached hereto, marked as Exhibit "A"
and incorporated herein by this reference, is approved and the Mayor is
authorized to implement the same.
Section 2. That the Mayor is further authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Resolution No. 5311
August 4, 2017
Page 1 of 2RES.B Page 68 of 99
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
niel B. Heid, City orney
Resolution No. 5311
August 4, 2017
Page 2 of 2RES.B Page 69 of 99
EXHIBIT A
RES.B Page 70 of 99
TITLE:
INVESTMENT POLICY SUBJECT: INVESTMENTS
INDEX NUMBER: 100-40
EFFECTIVE DATE
8/28/2017
SUPERSEDES
4/10/2003
PAGE
1 OF 10
PREPARED BY:
SHELLEY COLEMAN
MAYOR’S APPROVAL
ADMINISTRATIVE
POLICY AND PROCEDURE
1.0 PURPOSE
It is the policy of the City of Auburn to invest public funds in a manner which will provide
maximum security, while meeting the daily cash flow demands, conforming to all state and local
statutes governing the investment of public funds, and providing a market rate of return through
budgetary and economic cycles.
2.0 SCOPE
This Investment Policy applies to all financial assets of the City of Auburn. These funds are
accounted for in the City's Comprehensive Annual Financial Report and include:
2.1 Funds:
2.1.1 General Fund
2.1.2 Special Revenue Funds
2.1.3 Debt Service Funds (Unless prohibited by Bond indentures)
2.1.4 Capital Projects Funds
2.1.5 Enterprise Funds
2.1.6 Internal Service Funds
2.1.7 Cemetery Endowed Care Fund
2.1.8 Fire Relief & Pension Fund
2.1.9 Any new fund created by Council, unless specifically exempted by Council.
Should bond covenants be more restrictive than this policy, funds shall be invested in
full compliance with those restrictions.
3.0 REFERENCES
ACC 2.15
ACC 3.04.100
Auburn Ordinance No. 3034
RCW 35.39.030, RCW 35.39.034, RCW 43.250, RCW 39.58, and RCW 39.59
4.0 POLICY
4.1 Prudence: Investments shall be made with judgment and care--under circumstances
then prevailing--which persons of prudence, discretion, and intelligence exercise in the
management of their own affairs, not for speculation, but for investment, considering the
probable safety of their capital as well as the probable income to be derived. RES.B Page 71 of 99
ADMINISTRATIVE
POLICY AND PROCEDURE
TITLE:
INVESTMENT POLICY
INDEX NO:
100-40
PAGE:
2 of 10
4.1.1 The standard of prudence to be used by the Director of Finance or any
designees in the context of managing the overall portfolio is to be the "prudent
person" standard and shall be applied in the context of managing an overall
portfolio. Employees acting in accordance with written procedures and
exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided deviations from
expectations are reported in a timely fashion and appropriate action is taken to
control adverse developments.
4.2 Objective: The primary objectives, in priority order, of the City of Auburn's investment
activity shall be:
4.2.1 Safety: Safety of principal is the foremost objective of the City of Auburn.
Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. To attain this objective,
diversification is required in order that potential losses on individual securities do
not exceed the income generated from the remainder of the portfolio.
4.2.2 Liquidity: The investment portfolio will provide liquidity sufficient to enable the
City to meet all cash requirements that might be reasonably anticipated. This is
accomplished by structuring the portfolio so that securities mature concurrent
with cash needs to meet anticipated demands.
4.2.3 Return on Investments: The City of Auburn's investment portfolio shall be
designed with the objective of attaining a market rate of return throughout
budgetary and economic cycles, taking into account the City’s investment risk
constraints and liquidity needs. Return on investments is of secondary
importance compared to the safety and liquidity objectives described above. The
core of investments is limited to relatively low risk securities in anticipation of
earning a fair rate of return relative to the risk being assumed. Securities shall
generally be held until maturity with the following exceptions:
4.2.3.1 A security with declining credit may be sold early to minimize the loss of
principal.
4.2.3.2 A security swap would improve the quality, yield, or target duration of the
portfolio.
4.2.3.3 Liquidity needs of the portfolio require that the security be sold early.
4.3 Delegation of Authority:
4.3.1 Authority to manage the City of Auburn’s investment program is derived from
ACC 2.15 and Ordinance No. 3034. Management responsibility for the
investment program is hereby delegated to the Finance Director, who shall
establish written procedures for the operation of the investment program
consistent with this Investment Policy. No person may initiate investment
transactions except as provided under the terms of the policy and procedures
established by the Finance Director. The Finance Director shall be responsible
RES.B Page 72 of 99
ADMINISTRATIVE
POLICY AND PROCEDURE
TITLE:
INVESTMENT POLICY
INDEX NO:
100-40
PAGE:
3 of 10
for all transactions undertaken and shall establish a system of controls to
regulate activities of City employees.
4.4 Ethics and Conflicts of Interest: Employees involved in the investment process shall
refrain from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial investment
decisions. They shall disclose to the Mayor and the State of Washington any material
financial interests in financial institutions that conduct business within this jurisdiction,
and they shall further disclose any large personal financial/investment positions that
could be related to the performance of the City portfolio, particularly with regard to the
time of purchase and sales.
4.5 Authorized Finance Dealers and Institutions: The Finance Director will maintain and
review annually a list of financial institutions authorized to provide investment services.
The City shall follow Government Finance Officers Association’s (GFOA) best practices
for evaluating and selecting financial institution’s and broker/dealers.
As required by state law (RCW 39.58), deposits and certificates of deposit will be made
only with, or from, those institutions approved by the Washington Public Deposit
Protection Commission (PDPC) as eligible for deposit of public funds.
The City will only place funds, exceeding the current FDIC insurance limits, with banks
who are currently participating in the Washington State PDPC program. Compliance/
listing with the PDPC will be verified by the designated investment officer utilizing the
Washington State Treasurers website (http://tre.wa.gov/government/pdpc.shtml)
The Finance Director annually adopts the eligibility list provided by the PDPC as the
approved depository list. These may include "primary" dealers or regional dealers that
qualify under Securities & Exchange Commission Rule 15c3-1 (uniform net capital rule).
No public deposit shall be made except in a qualified public depository as established
by state laws.
Qualified broker/dealers and financial institutions will be reviewed and selected by the
Finance Director on a routine basis. All brokers/dealers and financial institutions who
desire to do business with the City must supply the Finance Director with the following:
A. Audited Financial Reports.
B. Proof of FINRA (Financial Industry Regulatory Authority) certification.
C. Proof of registration with the State of Washington.
D. Certification of having read Auburn’s Investment Policy.
E. Firms and financial institutions are expected to familiarize themselves with the
City of Auburn’s investment objectives, policies, and constraints.
The Finance Director will conduct an annual review of the financial condition of the
firms. A current, audited financial statement is required to be on file for each financial
institution and broker/dealer with whom the City invests.
4.6 Authorized Investments: Eligible investments are only those securities and
deposits authorized by statute (RCW 39.58, 39.59, and 43.250).
RES.B Page 73 of 99
ADMINISTRATIVE
POLICY AND PROCEDURE
TITLE:
INVESTMENT POLICY
INDEX NO:
100-40
PAGE:
4 of 10
Among the authorized investments are U.S. Treasury and Agency Securities (i.e.
obligations of any government sponsored enterprise eligible for collateral purposes at
the Federal Reserve), municipal debt, or certificates of deposits with qualified public
depositories within statutory limits as promulgated by the Washington State Local
Government Investment Pool.
Suitable Investments:
4.6.1 US Treasury Obligations: Direct obligations of the United States
Treasury.
4.6.2 U.S. Government Agency obligations and U.S. Government Sponsored
Enterprises (GSE’s) which may include, but are not limited to Federal
Farm Credit Bank (FFCB), Federal Home Loan Bank (FHLB),
Government National Mortgage Association (GNMA), Federal Home
Loan Mortgage Corporation (FHLMC), Federal National Mortgage
Association (FNMA), Student Loan Marketing Corporation (SLMA),
and/or Tennessee Valley Authority (TVA).
4.6.3 Non-negotiable Certificates of Deposit of financial institutions which are
qualified public depositories as defined by RCW 39.58.010(2) and in
accordance with the restrictions therein.
4.6.4 Bonds of the State of Washington and any local government in the
State of Washington, General Obligation bonds outside the State of
Washington; at the time of investment, the bonds must have a rating of
AA- from S&P or Aa3 from Moody’s, or higher. In the case of a split
rating, the lower rating of these two rating agencies will be used.
4.6.5 Washington State Local Government Investment Pool (LGIP) managed
by the Washington State Treasurer’s Office.
4.6.6 Other investments authorized by law.
4.6.7 Time deposits and savings account deposits with PDPC approved
banks.
4.7 Bank Collateralization: The PDPC makes and enforces regulations and
administers a program to ensure public funds deposited in banks and thrifts are
protected if a financial institution becomes insolvent. The PDPC approves which
banks and thrifts can hold state and local government deposits and monitors
collateral pledged to secure uninsured public deposits. Under RCW 39.58.240,
all public treasurers and other custodians of public funds are relieved of the
responsibility of executing triparty agreements, reviewing pledged securities, and
authorizing additions, withdrawals, and exchanges of collateral.
RES.B Page 74 of 99
ADMINISTRATIVE
POLICY AND PROCEDURE
TITLE:
INVESTMENT POLICY
INDEX NO:
100-40
PAGE:
5 of 10
4.8 Safe Keeping and Custody:
4.8.1 Delivery vs. Payment: All trades of marketable securities will be executed by
delivery vs. payment (DVP) to ensure that securities are deposited with a third
party custodian prior to the release of funds.
4.8.2 Safekeeping: Securities will be held by an independent third-party custodian
selected by the Finance Director. Safekeeping receipts will evidence all
transactions.
4.8.3 CD’s: Certificates of deposit will be held by the Finance Director.
4.9 Diversification: The City will diversify its investments by security type and institution.
The following schedule provides the maximum holdings in any one type of investments
or with any one issuer.
Maximum
Issuer %
per Ratings Ratings
Issue Type
% of
Holdings
Issue
Type S&P Moody's
US Treasury Obligations 100% None N/A N/A
US Agency Securities 100% 30% Security must be
rated
Security must be
rated
Washington LGIP 100% None N/A N/A
Bank Time
Deposits/Savings
Accounts
40% None Deposits in PDPC
approved banks
Deposits in PDPC
approved banks
Certificates of Deposit 40% 10% Deposits in PDPC
approved banks
Deposits in PDPC
approved banks
State of Washington or
Local Government
Bonds
25% 10% AA- or higher Aa3 or higher
4.10 Maturities: To the extent possible, investments will be made to coincide with
anticipated cash flow requirements. Because of the inherent difficulties in
accurately forecasting cash flow requirements, a portion of the portfolio should
be continuously invested in readily available funds such as the Local
Government Investment Pool, money market funds, and PDPC bank deposits
to ensure that appropriate liquidity is maintained to meet ongoing obligations.
4.10.1 To this extent, 20% of the portfolio, at the time of investment, will be comprised
of investments maturing within a year.
4.10.2 Satisfying this requirement, remaining funds may be invested in authorized
securities not to exceed five years in maturity, except when compatible with a
specific funds investment needs.
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4.10.3 To ensure additional liquidity and provide for ongoing market opportunity, the
weighted average maturity and modified duration of the portfolio shall not
exceed three years. This maximum is established to limit the portfolio to
excessive price change exposure.
4.10.4 Cemetery Endowed Care Fund, Fire Relief and Pension Fund, Reserves and
CIP funds may be invested in securities exceeding five years if the maturity of
such investments is made to coincide as nearly as practicable with the expected
use of the funds.
4.11 Internal Control: The Finance Director shall establish a process of
independent review by an external auditor. This review will provide internal
control by assuring that policies and procedures are being complied with.
Such review may also result in recommendations to change operating
procedures to improve internal control. All investment procedures and
practices should be reviewed by an independent auditor at least annually. In
Washington, this review procedure is assured through the annual audit
process by the State Auditor's office.
4.12 Performance Standard/Benchmark: The investment portfolio shall be
designed with the objective of obtaining a rate of return throughout budgetary
and economic cycles, commensurate with the investment risk constraints and
the cash flow needs.
4.12.1 The basis used by the Finance Director to determine whether market yields are
being achieved shall be the six-month U.S. Treasury Bill.
4.13 Reporting: The Finance Director is charged with the responsibility of including
a report on investment activity and returns in the City’s quarterly financial
report.
4.14 Investment Policy Adoption: The City of Auburn’s Investment Policy shall be
adopted by resolution of City Council. The policy shall be reviewed on an
annual basis by the Finance Director and any modifications made thereto must
be approved by Council.
5.0 GLOSSARY
AGENCIES: Federal agency securities.
ASKED: The price at which securities are offered.
BANKER’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The
accepting institution guarantees payment of the bill, as well as the issuer.
BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.)
See Offer.
BROKER: A broker brings buyers and sellers together for a commission.
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CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate.
Large-denomination CD’s are typically negotiable.
COLLATERAL: Securities, evidence of deposit, or other property which a borrower pledges to secure
repayment of a loan; also refers to securities pledged by a bank to secure deposits of public monies.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of
Auburn. It includes five combined statements and basic financial statements for each individual fund
and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). It
also includes supporting schedules necessary to demonstrate compliance with finance-related legal
and contractual provisions, extensive introductory material, and a detailed Statistical Section.
COUPON: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the
bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling
for their own account.
DEBENTURE: A bond secured only by the general credit of the issuer.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus
payment and delivery versus receipt (also called free). Delivery versus payment is delivery of securities
with an exchange of a signed receipt for the securities.
DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the
movement of one or more underlying index or security, and may include a leveraging factor, or (2)
financial contrasts based upon notional amounts whose value is derived from an underlying index or
security (interest rates, foreign exchange rates, equities, or commodities).
DISCOUNT: The difference between the cost price of a security selling below original offering price
shortly after sale also is considered to be at a discount.
DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a
discount and redeemed at maturity for full face value, e.g., U.S. Treasury bills.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent
returns.
FEDERAL CREDIT AGENCIES: Agencies of the federal government setup to supply credit to various
classes of institutions and individuals, e.g., S&L’s, small business firms, students, farmers, farm
cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank
deposits, currently up to $100,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently
pegged by the Federal Reserve through open-market operations.
FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan
associations. The Federal Home Loan Banks play a role analogous to that played by the Federal
Reserve Banks vis-a-vis member commercial banks.
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FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA, was chartered
under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working
under the auspices of the Department of Housing & Urban Development (HUD). It is the largest single
provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is
a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable
mortgages and second loans in addition to fixed-rate mortgages. FNMA’s securities are also highly
liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive
timely payment of principal and interest.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal
Reserve Board and five of the twelve Federal Reserve Bank Presidents. The president of the New
York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating
basis. The committee periodically meets to set Federal Reserve guidelines regarding purchases and
sales of Government Securities in the open market as a means of influencing the volume of bank credit
and money.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and
consisting of a seven-member Board of Governors in Washington D.C., twelve regional banks, and
about 5,700 commercial banks that are members of the system.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities
guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan
associations, and other institutions. Security holder is protected by full faith and credit of the U.S.
Government.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread between bid
and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political
subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between
the parties to repurchase--reverse repurchase agreement will often specify, among other things, the
right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-
borrower.
MATURITY: The date upon which the principal or stated value of an investment becomes due and
payable.
MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’
acceptances, etc.) are issued and traded.
OFFER: The price asked by a seller of securities (when you are buying securities, you ask for an
offer.) See Asked and Bid.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in
the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence
the volume of money and credit in the economy. Purchases inject reserves into the bank system and
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stimulate growth of money and credit; sales have the opposite effect. Open market operations are the
Federal Reserve’s most important and most flexible monetary policy tool.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers that submit daily reports of market
activity and positions and monthly financial statements to the Federal Reserve Bank of New York and
are subject to its informal oversight. Primary dealers include Securities and Exchange commission
(SEC), registered securities broker-dealers, and a few unregulated firms.
PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary,
such as a trustee, may invest money only in a list of securities selected by the state--the so called legal
list. In other states, the trustee may invest in a security if it is one which would be bought by a prudent
person of discretion and intelligence who is seeking a reasonable income and preservation of capital.
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the
payment of sales, compensating use, or ad valorem taxes under the laws of this state, which has
segregated for the benefits of the commission eligible collateral having a value of not less than its
maximum liability and which has been approved by the PDPC to hold public deposits.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current
market price. This may be an amortized yield to maturity on a bond or the current income return.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an
investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in
effect lends the “seller” money for the period of the agreement, and the terms of the agreement are
structured to compensate the buyer for this. Dealers use RP extensively to finance their positions.
Exception: When the Fed is said to be doing RP, it is lending money, that is, increasing bank reserves.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables
of all types and descriptions are held in the bank’s vaults for protection.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the
initial distribution.
SECURITIES & EXCHANGE COMMISSION (SEC): Agency created by congress to protect investors
in securities transactions by administering securities legislation.
SEC RULE 15C3-1: See uniform net capital rule.
STRUCTURED NOTES: Notes issued by GSEs (FHLB, FNMA, SLMA, etc.) and corporations which
have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivatives-based
returns) into their debt structure. Their market performance is impacted by the fluctuation of interest
rates, the volatility of the imbedded options, and shifts in the shape of the yield curve.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance
the national debt. Most bills are issued to mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than ten
years.
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TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial
maturities from one to ten years.
UNIFORM NET CAPITAL RULE: SEC requirement that member firms as well as nonmember broker-
dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called
net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin
loans and commitments to purchase securities, one reason new public issues are spread among
members of underwriting syndicates. Liquid capital includes cash and assets easily converted into
cash.
YIELD: The annual rate of return on an investment, expressed as a percentage of the investment. (a)
Income yield is obtained by dividing the current dollar income by the current market price for the
security. (b) net yield, or yield to maturity, is the current income yield minus any premium above par
or plus any discount from par in purchase price, with the adjustment spread over the period from the
date of purchase to the date of maturity of the bond.
YIELD TO MATURITY: The average annual yield on a security, assuming it is held to maturity; equals
to the rate at which all principal and interest payments would be discounted to produce a present value
equal to the purchase prices of the bond.
RES.B Page 80 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5312
Date:
August 10, 2017
Department:
City Attorney
Attachments:
Res 5312
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5312.
Background Summary:
During their 2017 session, the Washington State Legislature amended Chapter 42.56
RCW (Public Records Act) so that agencies may charge fees for certain electronic
records. The City may charge these fees by either establishing the actual cost or
through the default fee schedule provided in the statute. Currently, the City uses the
default fee, established by the state, for paper copies, and these fees have been
established in the City's fee schedule.
In order for the City to charge customers the state's default fees for electronic records,
the City must amend the fee schedule and adopt findings that it is unduly burdensome
to the City to undertake its own study to determine the actual cost for making
copies.
Reviewed by Council Committees:
Councilmember: Staff:Heid
Meeting Date:August 21, 2017 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 81 of 99
RESOLUTION NO. 5 3. 1 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION F, CITY CLERK
FEES, OF THE CURRENT CITY OF AUBURN MASTER FEE
SCHEDULE
WHEREAS, the City of Auburn has a Master Fee Schedule adopted via resolution
by the City Council for permits, licenses, publications and actions; and
WHEREAS, Section F of the Master Fee Schedule specifies fees for the City Clerk;
and
WHEREAS, in 2017, the Washington State Legislature amended Chapter 42.56
RCW adding new requirements for agencies using the statutory default copy fee schedule
and for agencies determining the actual cost for providing copies of public records; and
WHEREAS, the Washington State Legislature amended RCW 42.56.120 at Chap.
304, 2017. Laws, Sec. 3 to require that effective July 23, 2017 an agency need not
calculate the actual costs it charges for providing public records if the agency has rules
or regulations declaring the reasons for doing so would be unduly burdensome; and
WHEREAS, to the extent an agency has not determined the actual cost of copying
public records, an agency may use the statutory default copy fee schedule set forth in
RCW 42.56.120; and
WHEREAS, funds were not appropriated for performing a study to determine
actual copying costs, the City lacks the necessary funds and staff resources to conduct a
comprehensive study to determine its actual copying costs; and to conduct such a study
would interfere with the City's other essential agency functions; and
Resolution No. 5312
August 9, 2017
Page 1RES.C Page 82 of 99
WHEREAS, through the 2017 legislative process the public and requestors of
public records have been informed of and have commented on authorized fees and costs,
including for electronic records, provided in RCW 42.56.120(2)(b) and (c), (3) and (4).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Section F of the fee schedule of the City of Auburn is amended as
provided in Exhibit "A", attached hereto, in accordance with the default fees in RCW
42.56.120(2)(b) and (c) and the City shall charge fees for customized services pursuant
to RCW 42.56.120(3).
Section 2. Findings. The City Council finds as facts that calculating the actual
cost of providing public records would be unduly burdensome because funds were not
allocated for performing a study to determine actual copying costs; the City lacks the
necessary funds and staff resources to conduct a comprehensive study to determine its
actual copying costs; and to conduct such a study would interfere with the City's other
essential agency functions.
Section 3. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section4. That this Resolution shall take effect and be in full force upon passage
and signatures hereon.
DATED and SIGNED this day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
Resolution No. 5312
August 9, 2017
Page 2RES.C Page 83 of 99
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
I •
Dani- B. Hei•, City Attorney
Resolution No. 5312
August 9, 2017
Page 3RES.C Page 84 of 99
EXHIBIT "A"
F. CITY CLERK FEES (Per Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797,
Resolution No. 4244, Resolution No. 5016, and Resolution No. 5114.)
w "'""' "f
Fees for public records — collection
Non-certified photocopies of public records, printed 0.15 per page plus postage
copies of electronic public records when requested by
the person_requesting records
Certified copies of public records 5.00 per document plus
copying fees
Scanning Scanned public recordsintoan electronic 0. 10 per page
formatpaper copies to PDF
Electronic files or attachments uploaded to email, cloud- $0.05 per each 4 electronic
based storage service or other means of electronic files
delivery
Transmission of public records in an electronic format 0.10 per gigabyte
Digital Storage Media.or Device; Container or Envelope Actual Cost
Used to Mail Copies to Requestor, and Postage
CD licat.ion 2.00 per disk
DVD duplication 2.00 per disk
Fees for Auburn City Code book and supplements
Copy of Auburn City Code book (with latest supplement) $100.00 per code book
Supplements to the Auburn City Code book 11.00 per copy
Resolution No. 5312
August 9, 2017
Page 4RES.C Page 85 of 99
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5313
Date:
August 10, 2017
Department:
CD & PW
Attachments:
Res 5313 and Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5313.
Background Summary:
Resolution No. 5313 authorizes the Mayor to execute an agreement between the City
and the Washington State Department of Transportation (WSDOT) relating to
WSDOT’s pavement preservation project on Auburn Way South (SR-164) from SR-18
to 17th Street SE. WSDOT’s project will construct full-depth pavement patches where
needed, remove and replace surface pavement, replace curb and gutter where
needed, and upgrade pedestrian curb ramps at intersections to improve accessibility.
This resolution would allow the City to enter into an agreement with WSDOT to
include improvements to the intersection at 12th Street SE in WSDOT’s construction
contract. These improvements are outside WSDOT’s ownership and financial
responsibility and would be paid for by the City. Including the improvements with the
WSDOT construction contract will reduce the overall construction impacts to the
travelling public and is more cost effective then the City producing a separate
construction contract for the City improvements. Additionally, the City would not be
able to complete the work before WSDOT’s construction occurs and the new roadway
surface installed by WSDOT would need to be cut and patched, which is not
desirable.
The City funded improvements at 12th Street would include re-constructing the
“porkchop” islands, new ADA ramps and pedestrian push buttons, revising the
pedestrian crossing locations, restriping 12th Street SE to create left-turn pockets and
continuing the bike lanes through the intersection.
The improvements at 12th Street SE are included in the City’s budget as Project
CP1114 with $200,000.00 currently budgeted in 2017. The estimated City’s cost for
the improvements is $198,899.79. Additionally, the agreement authorizes up to 10% in
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 86 of 99
construction contingency in case there are unexpected conditions or changes in which
case additional budget may be needed in 2018 when the construction is planned to be
underway.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:August 21, 2017 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 87 of 99
RESOLUTION NO. 5_.3.1 3
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 THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION RELATING TO A
PROJECT ON AUBURN WAY SOUTH FROM SR-18 TO 17TH
STREET SE
WHEREAS, The Washington State Department of Transportation (WSDOT) is
responsible for pavement repair and maintenance on Auburn Way South (SR-164) from
SR-18 to the City of Auburn (City) incorporated boundary;
WHEREAS, WSDOT is proceeding with a pavement maintenance project on SR-
164 from SR-18 to 17th Street SE; and
WHEREAS, the City desires to make improvements to SR-164 at the intersection
of 12th Street SE that fall outside of WSDOT's pavement repair and maintenance
responsibilities; and
WHEREAS, there is a mutual benefit to the City and WSDOT in having WSDOT
perform the City desired improvements during the construction of the SR-164 pavement
maintenance project; and
WHEREAS, the City is willing to compensate WSDOT for its costs to design and
construct the improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No.5313
August 10, 2017
Page 1
RES.D Page 88 of 99
Section 1. The Mayor is hereby authorized to execute an Interagency Agreement
with WSDOT for the purpose of WSDOT constructing the City improvements on SR-164
at the intersection with 12th Street SE, in substantial conformity with the agreement
attached hereto, marked as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS
ATTEST: MAYOR
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
I lL
r.aniel B. Heid,
City Attorney
Resolution No.5313
August 10, 2017
Page 2
RES.D Page 89 of 99
DOT Form 224-065 EF Page 1 of 7
Local Agency
Participating Agreement
Work by State - Actual Cost
Local Agency and Address
City of Auburn
25 West Main Street
Auburn, WA 98001
Agreement Number
GCB 2572
Section/Location
SR 164: SR 18 to 17th St SE
State Route Number
SR 164
Control Section Number
171802
Plans, Specifications and Cost Estimates
(PS&E) for the Local Agency Work by LOCAL
AGENCY?
NOT applicable
PS&E Due Date
May 1, 2017
Region
Northwest Region
Description of Work
State to provide planning, design and construction for
intersection upgrades per Exhibit B, Description of Work. Advance Payment
Required
Advance Payment Amount
0
STATE LOCAL AGENCY
State Agency Representatives
Washington State Department of Transportation
Local Agency Representatives
City of Auburn
Name
John M. Chi, P.E.
Name
Ingrid Gaub, P.E.
Title
Project Engineer
Title
Assistant Director Engineering/ City Engineer
Address
15700 Dayton Ave. N, Seattle, WA 98133
Address
25 West Main Street, Auburn, WA 98001
E-mail Address
chij@wsdot.wa.gov
E-mail Address
igaub@auburnwa.gov
Phone
206-440-4612
Phone
253-804-3113
This Agreement is made and entered into between the WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION (STATE) and the above named governmental entity (LOCAL AGENCY).
WHEREAS, the STATE is planning the construction or improvement of a section of the state route as
shown above, and in connection therewith, the LOCAL AGENCY has requested that the STATE perform
certain work for the LOCAL AGENCY as described above under Description of Work and/or further
described in Exhibit B, (Work), and
WHEREAS, it is deemed to be in the public’s best interest for the STATE to include the requested Work in
the STATE’s construction contract for the state route improvement, and
WHEREAS, the LOCAL AGENCY is obligated for the cost of the Work described herein,
NOW, THEREFORE, pursuant to RCW 47.28.140 and/or chapter 39.34 RCW and in consideration of the
terms, conditions, and performances contained herein, the recitals as stated above, and the attached
Exhibits which are incorporated and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. PLANS, SPECIFICATIONS, AND COST ESTIMATES
1.1 The STATE, on behalf of the LOCAL AGENCY, agrees to perform the Work, as further provided
herein and pursuant to the attached exhibits. Exhibit A is the Cost Estimate and Exhibit B, if
included as an attachment, further defines the Work to be constructed for the LOCAL AGENCY.
The combination of the LOCAL AGENCY’s Work and the STATE’s improvements hereinafter
constitute the Project.
RES.D Page 90 of 99
DOT Form 224-065 EF Page 2 of 7
1.2 If indicated in the above heading, the LOCAL AGENCY shall provide the STATE with plans,
specifications and cost estimates (PS&E) for the Work.
1.2.1 The PS&E shall be in accordance with the state of Washington Standard Specifications
for Road, Bridge and Municipal Construction, and its amendments thereto (Standard
Specifications), current at the time of Project advertisement, mutually acceptable design
standards, or the LOCAL AGENCY’s standards, if applicable and specified by the LOCAL
AGENCY. Backup calculations for quantities and breakdowns for lump sum items shall
be included with the PS&E for the Work.
1.2.2 If the PS&E for the Work, with backup calculations and breakdowns, is not delivered by
the above PS&E due date, the STATE, at its sole discretion, may proceed without the
LOCAL AGENCY Work included with the STATE’s improvements. The LOCAL AGENCY
agrees to reimburse all STATE costs incurred up to and as a result of the LOCAL
AGENCY’s failure to timely provide the PS&E. This Agreement shall terminate upon
receipt of all reimbursement payments in accordance with Section 6.
1.3 The STATE will incorporate the LOCAL AGENCY’s W ork or Work PS&E into the STATE’s PS&E
for the STATE’s improvements to produce a combined advertisement (Ad) ready PS&E for the
Project. The STATE will document STATE-performed engineering design work required to
incorporate the Work or Work PS&E into the STATE’s PS&E (Design Documentation). The State
shall provide up to two intermediate review sets of the PS&E and Design Documentation at
mutually agreeable milestones. The STATE will provide the LOCAL AGENCY with one (1)
reproducible copy of the stamped final Design Documentation prior to the proposed Ad date.
1.4 The STATE will provide the LOCAL AGENCY with one (1) reproducible copy of the Ad ready PS&E
for the Project a minimum of thirty (30) working days prior to the proposed Ad date. The LOCAL
AGENCY will have fifteen (15) working days to review the Ad ready PS&E for the Project, resolve
any concerns, and provide the STATE with written approval, conditional approval, or rejection of the
Ad ready PS&E for the Work portion of the Project. In the event the Work portion of the Ad ready
PS&E is conditionally approved or rejected, the LOCAL AGENCY shall include the reasons for
conditional approval or rejection. The LOCAL AGENCY may request an extension of time in
writing, provided that the STATE receives the written request not later than fifteen (15) working
days after the LOCAL AGENCY has received the Ad ready PS&E. The STATE shall provide a
written response, indicating the number of working days extended, if any.
1.5 If the STATE does not receive the LOCAL AGENCY’s written approval, conditional approval or
rejection of the Work portion of the Ad ready PS&E within fifteen (15) working days and any
approved extension of time pursuant to Section 1.4, or if the STATE cannot accept the LOCAL
AGENCY’s condition(s) of approval, or if the LOCAL AGENCY has not acquired all right of way and
permits required to construct, maintain, and operate the Work, the STATE may, at its sole
discretion, delete the Work from the Project and advertise the STATE’s improvements. The LOCAL
AGENCY agrees to reimburse the STATE for engineering costs and actual direct and related
indirect costs incurred by the STATE associated with either the STATE or LOCAL AGENCY
deleting the Work from the Project. This Agreement shall then terminate upon receipt of all
reimbursement payments in accordance with Section 6.
2. BID, AWARD, AND COST ADJUSTMENTS
2.1 The STATE will advertise the Project for bids. The STATE will be the LOCAL AGENCY’s
representative during the Ad and Project contract award period. When requested by the STATE,
the LOCAL AGENCY shall timely assist the STATE in answering bid questions and resolving any
design issues that may arise that are associated with the Work. All comments and clarifications
must go through the STATE.
2.2 If the LOCAL AGENCY is responsible for preparing the Work PS&E, the LOCAL AGENCY agrees
to provide the STATE with any addenda required for the Work during the Ad period, to the Parties’
mutual satisfaction.
2.3 The STATE shall provide the LOCAL AGENCY with written notification of the bid price for the Work.
The LOCAL AGENCY shall have five (5) working days from the date of written notification to
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provide the STATE written approval of the bid price for the Work, or request the Work be deleted
from the Project. The LOCAL AGENCY may request an extension of time in writing, provided that
the STATE receives the written request not later than five (5) working days after the LOCAL
AGENCY has received the written notification. The STATE shall provide a written response
indicating the number of working days extended, if any.
2.4 The LOCAL AGENCY acknowledges that if it fails to provide the STATE with written approval of the
bid price for the Work or request that the Work be deleted from the Project within five (5) working
days and any approved extension of time pursuant to Section 2.3, the STATE shall delete the Work
from the Project. In this event, the LOCAL AGENCY agrees to reimburse the STATE for
engineering costs and actual direct and related indirect costs incurred by the STATE associated
with deleting the Work from the Project. The LOCAL AGENCY understands that deleting the Work
from the Project may require an equitable adjustment to the Project contract and agrees to
reimburse the STATE for costs associated with the equitable adjustment. This Agreement shall
then terminate upon receipt of all reimbursement and equitable adjustment payments in accordance
with Section 6.
2.5 If the LOCAL AGENCY approves the bid price for the Work and the STATE does not award or
execute the Project contract, but thereafter re-advertises the Project for bids, the STATE agrees to
pay all STATE costs to re-advertise the Project. The LOCAL AGENCY agrees that the STATE is
not responsible for increased bid prices or delay to the Work or other impacts to the LOCAL
AGENCY resulting from re-advertising the Project.
2.6 If the LOCAL AGENCY approves the bid price for the Work and the STATE does not award or
execute the Project contract and does not re-advertise the Project for bids, this Agreement shall
terminate upon receipt of all reimbursement payments in accordance with Section 6. The LOCAL
AGENCY agrees that the STATE is not responsible for potential increased costs for the Work,
delay to the Work or other impacts to the LOCAL AGENCY resulting from not awarding the Project.
3. CONSTRUCTION
3.1 The STATE will be the LOCAL AGENCY’s representative during construction and will act as owner
in the administration of the contract for the Work. The STATE will designate a STATE Project
Engineer to provide all services and tools, including but not limited to construction administration,
inspection, materials testing, and representation, necessary to administer and manage the contract
to ensure that the Work is constructed in accordance with the contract.
3.2 The LOCAL AGENCY may consult with and inquire of the STATE Project Engineer, attend all
meetings, and have access to all documentation concerning the Work. The LOCAL AGENCY shall
not provide direction, directly or indirectly, to the STATE’s contractor. All formal contacts between
the LOCAL AGENCY and the contractor shall be through the STATE’s representative.
3.3 When it becomes known that quantities for a unit bid item will exceed plan quantity for the Work by
ten (10) percent or result in a cost increase for the Work exceeding the total amount by the
percentage listed under Section 6.6, the STATE shall consult with the LOCAL AGENCY on possible
courses of action within three (3) working days in accordance with Section 4.
3.4 The LOCAL AGENCY may inspect the Work. Any costs for such inspection shall be borne solely
by the LOCAL AGENCY. All contact between said inspector and the contractor shall be only
through the STATE’s inspector or the STATE’s representative.
3.5 The STATE will prepare the final construction documentation in general conformance with the
STATE’s Construction Manual. The STATE will maintain one set of plans as the official "as-built"
set, then make notations in red ink of all plan revisions typically recorded per standard STATE
practices, as directed by the STATE’s Construction Manual. Once the LOCAL AGENCY has
accepted the Work per Section 5, the STATE will provide one reproducible set of as-built plans to
the LOCAL AGENCY within ninety (90) calendar days.
4. CONTRACT CHANGES
4.1 Changes to the Project contract will be documented by change order in accordance with the
Standard Specifications. The STATE shall process change orders for all changes affecting the
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Work in the manner set forth in subsection 1-2.4C (3), Approval of Changes/Checklist, STATE
Construction Manual, current edition.
4.2 Required changes involve such changes in quantities or alterations to the Work as are necessary to
satisfactorily complete the Project. All other changes affecting the Work shall be considered
elective changes.
4.3 The LOCAL AGENCY authorizes the STATE to initiate all required changes affecting the Work and
to negotiate, document and execute the associated change orders. The LOCAL AGENCY agrees
to pay for the increases in cost, if any, for the required changes affecting the Work in accordance
with Section 6.
4.4 The STATE will advise the LOCAL AGENCY of any proposed required changes affecting the Work
as soon as possible and provide it with an opportunity, if time permits, to review the change before
implementation. The STATE will determine the length of the review time based upon the need to
expedite the change to avoid delay to the contractor.
4.5 The LOCAL AGENCY may request additions to the W ork through the STATE in writing. The
STATE will implement the requested changes as elective changes, provided that a change does
not negatively impact the STATE’s transportation system and complies with the Standard
Specifications, Project permits, state and/or federal law, applicable rules and/or regulations, and/or
STATE design policies, and does not unreasonably delay critically scheduled Project contract
activities.
4.6 All elective changes to the Work shall be approved in writing by the LOCAL AGENCY before the
STATE directs the contractor to implement the changes, even if an executed change order is not
required by the Project contract. The LOCAL AGENCY agrees to pay for the increases in cost, if
any, for such elective changes in accordance with Section 6.
4.7 The STATE will make available to the LOCAL AGENCY all change order documentation related to
the Work.
4.8 In the event it is determined that the LOCAL AGENCY does not have sufficient funds to complete
the Work, the STATE and the LOCAL AGENCY shall negotiate to determine the future of the Work.
If it is determined that the Work cannot proceed, the Work shall be brought to a level that is safe for
public use and the STATE will terminate the remainder of the Work from the Project contract. In the
event the Work is terminated, Section 5 shall apply for that portion of the Work completed up to the
time of termination. The LOCAL AGENCY agrees to pay all costs associated with termination,
including contractor claims, in accordance with Section 6.
5. ACCEPTANCE
5.1 Prior to Work acceptance, the STATE and LOCAL AGENCY will perform a joint final inspection.
The LOCAL AGENCY agrees, upon satisfactory completion of the Work and receipt of a Notice of
Physical Completion of the Work, as determined by the STATE, to deliver a letter of acceptance to
the STATE which shall include a release of the STATE from all future claims or demands of any
nature resulting from the performance of the Work and STATE administration thereof, outside
STATE right of way, subject to any contractor claims (Section 8) caused by the negligent acts or
omissions of the STATE in administering the Work.
5.2 If a letter of acceptance is not received by the STATE within ninety (90) days following delivery of a
Notice of Physical Completion of the Work to the LOCAL AGENCY, the Work and STATE
administration thereof shall be considered accepted by the LOCAL AGENCY, and the STATE shall
be released from all future claims and demands of any nature resulting from the performance of the
Work and the STATE’s administration thereof, outside STATE right of way, subject to any
contractor claims (Section 8) caused by the negligent acts or omissions of the STATE in
administering the Work.
5.3 The LOCAL AGENCY may withhold its acceptance of the Work by submitting written notification to
the STATE within sixty (60) calendar days following delivery of a Notice of Physical Completion of
the Work. This notification shall include the reason(s) for withholding acceptance.
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6. PAYMENT
6.1 The LOCAL AGENCY, in consideration of the faithful performance of the Work performed by the
STATE and its contractor, agrees to reimburse the STATE for the actual direct and related indirect
costs of the Work, as estimated in Exhibit A.
6.2 If the Parties have a reciprocal overhead agreement in place effective as of the date of this
Agreement, the STATE’s overhead rate will not be charged. In this event, the STATE will only
invoice for actual direct salary and direct non-salary costs for the STATE’s contract administration.
6.3 The STATE shall provide detailed invoices to the LOCAL AGENCY for the Work performed by the
STATE and its contractor or for costs incurred as provided in Sections 1.2.2, 1.5, 2.4, 4.8 or 8.1.4,
and the LOCAL AGENCY agrees to make payment within thirty (30) days from receipt of an
invoice. A payment will not constitute agreement as to the appropriateness of any item. At the time
of the final invoice, the Parties will resolve any discrepancies.
6.4 The LOCAL AGENCY agrees that if it does not make payment within ninety (90) days after receipt
of an invoice, the STATE may deduct and expend any monies to which the LOCAL AGENCY is
entitled to receive from the Motor Vehicle Fund.
6.5 Advance Payment: If an advance payment is required, the LOCAL AGENCY agrees to pay the
STATE the “Advance Payment Amount,” shown above, within twenty (20) days after receipt of
Project contract award notification. The advance payment represents approximately fifteen percent
(15%) of the cost estimate and covers costs incurred by the STATE in the initial stages of the Work.
The advance payment will be carried throughout the life of the LOCAL AGENCY’s cost obligations,
with final adjustment made in the final invoice.
6.6 Increase in Cost: In the event unforeseen conditions require an increase in the cost of the Work
above the cost estimate (including sales tax, engineering, and contingencies) by more than ten
(10%) percent, the Parties agree to modify this Agreement by executing a written amendment to
address the increase pursuant to Section 10.1, or implement Section 4.8.
7. RIGHT OF ENTRY
7.1 The LOCAL AGENCY hereby grants to the STATE and its authorized agents, contractors,
subcontractors, and employees, a right of entry upon all land in which the LOCAL AGENCY has an
interest for the purpose of constructing the Project.
7.2 Where applicable, the LOCAL AGENCY hereby grants to the STATE and its authorized agents,
contractors, subcontractors, and employees, a right of entry upon all land in which the LOCAL
AGENCY has an interest for the STATE to construct, operate, maintain and/or reconstruct signal
loop detectors and appurtenances for signals belonging to the STATE, if any, that are constructed
within the LOCAL AGENCY’s right of way. The terms of this Section 7.2 shall survive the
termination of this Agreement.
8. CLAIMS
8.1 Claims for Additional Payment
8.1.1 In the event the contractor makes claims for additional payment associated with the
Work, the STATE will immediately notify the LOCAL AGENCY of such claims. Such
claims shall be made in the manner and form as provided for in the Standard
Specifications.
8.1.2 The LOCAL AGENCY shall not be obligated to pay such claims or their cost of defense to
the extent that the claims are caused by the negligent acts or omissions of the STATE in
administering the Work.
8.1.3 The LOCAL AGENCY shall have the right to review and comment on any settlement for
claims associated with the Work. However, the STATE shall have the ultimate right to
settle such claims. In the event the LOCAL AGENCY does not agree with the claim
settlement as negotiated by the STATE, the LOCAL AGENCY shall reserve the right to
not financially participate in the negotiated claim settlement. If agreement cannot be
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reached between the LOCAL AGENCY and the STATE on a claim settlement, the Parties
agree to follow the dispute resolution procedure in Section 10.7.
8.1.4 If the STATE agrees, the LOCAL AGENCY may defend contractor claims associated with
the Work at its own cost, and in doing so, the LOCAL AGENCY agrees to pay any
resulting settlement, court judgment or arbitration award. The STATE will cooperate with
the LOCAL AGENCY in the LOCAL AGENCY's defense of the claims. The LOCAL
AGENCY agrees to reimburse any STATE costs, including attorney’s fees, incurred in
providing such assistance in accordance with Section 6.
8.2 Claims for Damages: After Work acceptance, in the event of claims for damages or loss
attributable to bodily injury, sickness, death, or injury to or destruction of property that occurs within
the limits of the Work located on the LOCAL AGENCY’s right of way, the LOCAL AGENCY shall
defend such claims and hold harmless the STATE therefrom, and the STATE shall not be obligated
to pay any claim, judgment or cost of defense. Nothing in this Section, however, shall remove from
the STATE any responsibility defined by the current laws of the state of Washington or from any
liability for damages caused by the STATE’s own negligent acts or omissions independent of the
Work performed pursuant to this Agreement.
9. OWNERSHIP, OPERATION, AND MAINTENANCE
9.1 Upon acceptance of the Work as provided in Section 5, the LOCAL AGENCY shall be the sole
owner of that portion of the Work located within the LOCAL AGENCY’s right of way, and the
LOCAL AGENCY shall be solely responsible for ownership and all future operation and
maintenance of the Work at its sole cost, without expense, cost, or liability to the STATE.
9.2 STATE facilities constructed on LOCAL AGENCY right of way, if any, as identified in Section 7.2
shall be owned by the STATE, and the STATE shall be responsible for the operation and
maintenance of such facilities at the STATE’s sole cost, until removed. The terms of this Section
shall survive the termination of this Agreement.
10. GENERAL PROVISIONS
10.1 Amendment: This Agreement may be amended or modified only by the mutual agreement of the
Parties. Such amendments or modifications shall not be binding unless they are in writing and
signed by persons authorized to bind each of the Parties.
10.2 Termination: Neither the STATE nor the LOCAL AGENCY may terminate this Agreement without
the written concurrence of the other Party, except as otherwise provided under Sections 1.2.2, 1.5,
2.4, and 2.6.
10.2.1 If this Agreement is terminated prior to the fulfillment of the terms stated herein, the
LOCAL AGENCY agrees to reimburse the STATE for the actual direct and related
indirect expenses and costs it has incurred for the Work up to the date of termination, as
well as the costs of non-cancelable obligations.
10.2.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to
the Parties prior to termination.
10.3 Independent contractor: The STATE shall be deemed an independent contractor for all purposes,
and the employees of the STATE or any of its contractors, subcontractors, consultants, and the
employees thereof, shall not in any manner be deemed to be employees of the LOCAL AGENCY.
10.4 Indemnification: The Parties shall protect, defend, indemnify, and hold harmless each other and
their employees, authorized agents, and/or contractors, while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to
persons and/or property), arising out of, or in any way resulting from, each Party’s obligations to be
performed pursuant to the provisions of this Agreement. The Parties shall not be required to
indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or
damages (both to persons and/or property) is caused by the negligence of the other Party; provided
that, if such claims, suits, or actions result from the concurrent negligence of (a) the STATE, its
employees, authorized agents, or contractors and (b) the LOCAL AGENCY, its employees or
authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions
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provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its
employees, authorized agents, and/or contractors.
10.5 Acceptance of Liability: The LOCAL AGENCY agrees and accepts full liability for (1) the PS&E
provided for the Work to the STATE, if any; and (2) for any Work the LOCAL AGENCY has
provided direction to the STATE to design and/or construct outside the STATE’s right of way and/or
STATE’s jurisdiction that does not meet STATE standards.
10.6 Survivability: Sections 10.4 and 10.5 shall survive the termination of this Agreement.
10.7 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows:
The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board, these two
members shall select a third board member not affiliated with either Party. The three-member
board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt
at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing
of any litigation concerning the dispute. The Parties shall equally share in the cost of the third
disputes board member; however, each Party shall be responsible for its own costs and fees.
10.8 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties agree that any such action or
proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that
each will be solely responsible for payment of its own attorney’s fees, witness fees, and costs.
10.9 Audits/Records: All Project records for the W ork in support of all costs incurred shall be maintained
by the STATE for a period of six (6) years. The LOCAL AGENCY shall have full access to and right
to examine said records, during normal business hours and as often as it deems necessary.
Should the LOCAL AGENCY require copies of any records, it agrees to pay the costs thereof. The
Parties agree that the Work performed herein is subject to audit by either or both Parties and/or
their designated representatives, and/or state of W ashington and/or the federal government.
10.10 Term of Agreement: Unless otherwise provided herein, the term of this Agreement shall commence
as of the date this Agreement is fully executed and shall continue until the Work is accepted by the
LOCAL AGENCY pursuant to Section 5, or as otherwise provided herein, and all obligations for
payment have been met.
10.11 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party’s date signed
last below.
LOCAL AGENCY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By:_______________________________________ By: ____________________________________
Name: Nancy Backus Name: John White, P.E.
Title: Mayor
Title: Northwest Region
Assistant Regional Administrator
Date: ____________________________________ Date: ____________________________________
RES.D Page 96 of 99
EXHIBIT A: CITY OF AUBURN (COA) AGREEMENT
CONSTRUCTION AND PRELIMINARY ENGINEERING ESTIMATE
Prepared by:Shawn Neil Wendt
Date:7/7/2017
Std. Item
Number Unit Unit Cost Quantity Cost
0050 LS 1.00$ 3,110 3,110.00$
0310 CY 260.00$ 20 5,200.00$
5100 Ton 46.00$ 30 1,380.00$
5767 Ton 90.00$ 20 1,800.00$
5830 Est 1.00$ 60 60.00$
5835 Est 1.00$ 40 40.00$
EROSION CONTROL AND ROADSIDE PLANTING
6403 Day 165.00$ 3 495.00$
6471 Each 87.00$ 7 609.00$
6470 Hr 180.00$ 22 3,960.00$
6490 Est 1.00$ 3,500 3,500.00$
6700 LF 40.00$ 99 3,960.00$
6701 LF 65.00$ 107 6,955.00$
6707 LF 80.00$ 5 400.00$
6807 LF 1.50$ 1,590 2,385.00$
6485 LF 5.50$ 110 605.00$
6828 LF 3.30$ 890 2,937.00$
6833 Each 212.00$ 4 848.00$
6884 Hund 400.00$ 0.6 240.00$
6895 LF 0.70$ 2,810 1,967.00$
6912 LS 1.00$ 10,000 10,000.00$
6956 Hr 4.00$ 80 320.00$
6973 LS 1.00$ 3,850 3,850.00$
6992 Hr 69.00$ 288 19,872.00$
6974 LS 1.00$ 4,680 4,680.00$
6869 LS 1.00$ 2,000 2,000.00$
NS LS 1.00$ 7,200 7,200.00$
7038 LS 1.00$ 1,000 1,000.00$
NS LS 1.00$ 800 800.00$
7055 SY 150.00$ 27 4,050.00$
7060 SY 75.00$ 28 2,100.00$
7054 SF 55.00$ 60 3,300.00$
Subtotal for Percentages
Construction Subtotal 99,623.00$
Miscellaneous 10%9,962.30$
Subtotal 1:109,585.30$
0001 Mobilization 10%10,960.00$
Subtotal 2:120,545.30$
Sales Tax 10.0%12,054.53$
Subtotal 3:132,599.83$
Construction Engineering 15%19,889.97$
Contingencies 10%13,259.98$
Construction Total 165,749.79$
Preliminary Engineering 20%33,150.00$
Total Project Costs:198,899.79$
Temporary Pavement Marking - Short Duration
Traffic Signal System 4
Sequential Arrow Sign
Other Temporary Traffic Control
Other Traffic Control Labor
Compaction Price Adjustment
Raised Pavement Marker Type 2
ESC Lead
Street Cleaning
Erosion / Water Pollution Control
Cement Conc. Traffic Curb and Gutter
Cement Conc. Traffic Curb
TRAFFIC
Inlet Protection
Cement Conc. Pedestrian Curb
Plastic Line
Profiled Plastic Wide Lane Line
Plastic Wide Lane Line
Plastic Traffic Arrow
SURFACING
Crushed Surfacing Base Course
HOT MIX ASPHALT
HMA Cl. 1/2 In. PG 64-22
Job Mix Compliance Adjustment
Item
PREPARATION
Removal of Structures and Obstructions
GRADING
Roadway Excavation Incl. Haul
Traffic Control Supervisor
Pedestrian Traffic Control
Contractor Provided Uniformed Police Officer
Roadway Surveying
OTHER ITEMS
ADA Features Surveying
Cement Conc. Sidewalk
Asphalt Conc. Sidewalk
Detectable Warning Surface
GCB 2572
Exhibit A
Page 1 of 1
RES.D Page 97 of 99
GCB 2572
Exhibit B, Scope of Work
Page 1 of 2
Exhibit B
SCOPE OF WORK
SR 164 / SR 18 to 17th St SE – Paving and ADA Compliance
This project will provide the design, planning and construction for the intersection upgrades desired by the
City of Auburn on SR 164 (Auburn Way S), 12th Street SE and at the intersection of SR 164 (Auburn Way
S) and 12th Street SE. Work performed for the City of Auburn will include the design and plans to
accomplish the following construction work:
• SR 164 (Auburn Way S):
o Removing and replacing existing curb and gutter.
o Removing and replacing asphalt concrete sidewalk.
o Temporary traffic control.
o Contractor surveying.
• 12th Street SE:
o Removing existing pavement markings.
o Installing new pavement markings.
o Temporary erosion and sediment control.
o Temporary traffic control.
o Contractor surveying.
• SR 164 (Auburn Way S) and 12th Street SE Intersection:
o Removing and upgrading existing traffic islands.
o Pedestrian curb ramp construction.
o Roadway widening, including roadway excavation including haul, surfacing with base
course and paving with HMA.
o Removing existing pedestrian push buttons and upgrading with Accessible Pedestrian
Signals (APS) pedestrian push buttons.
o Temporary erosion and sediment control.
o Temporary traffic control.
o Pedestrian traffic control.
o Contractor surveying.
RES.D Page 98 of 99
GCB 2572Exhibit B, Vicinity MapPage 2 of 2 RES.DPage 99 of 99