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HomeMy WebLinkAbout08-21-2017 CITY COUNCIL AGENDACity Council Meeting August 21, 2017 - 7:00 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. 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 Page 2 of 99 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. Page 3 of 99 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 CA.A Page 5 of 99 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. CA.A Page 6 of 99 City of Auburn Council Meeting Minutes April 10, 2017 Page 3 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 CA.A Page 7 of 99 City of Auburn Council Meeting Minutes April 10, 2017 Page 4 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. CA.A Page 8 of 99 City of Auburn Council Meeting Minutes April 10, 2017 Page 5 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. CA.A Page 9 of 99 City of Auburn Council Meeting Minutes April 10, 2017 Page 6 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. CA.A Page 10 of 99 City of Auburn Council Meeting Minutes April 10, 2017 Page 7 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 CA.A Page 11 of 99 City of Auburn Council Meeting Minutes April 10, 2017 Page 8 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) Page 2 of 4 CA.A Page 14 of 99 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 Page 3 of 4 CA.A Page 15 of 99 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 Page 4 of 4 CA.A Page 16 of 99 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), Page 1 of 5 CA.A Page 17 of 99 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. Page 2 of 5 CA.A Page 18 of 99 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 CA.A Page 19 of 99 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 CA.C Page 33 of 99 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 CA.C Page 34 of 99 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. CA.C Page 35 of 99 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 CA.C Page 36 of 99 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 CA.C Page 37 of 99 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 CA.C Page 38 of 99 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. RES.B Page 75 of 99 ADMINISTRATIVE POLICY AND PROCEDURE TITLE: INVESTMENT POLICY INDEX NO: 100-40 PAGE: 6 of 10 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. RES.B Page 76 of 99 ADMINISTRATIVE POLICY AND PROCEDURE TITLE: INVESTMENT POLICY INDEX NO: 100-40 PAGE: 7 of 10 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. RES.B Page 77 of 99 ADMINISTRATIVE POLICY AND PROCEDURE TITLE: INVESTMENT POLICY INDEX NO: 100-40 PAGE: 8 of 10 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 RES.B Page 78 of 99 ADMINISTRATIVE POLICY AND PROCEDURE TITLE: INVESTMENT POLICY INDEX NO: 100-40 PAGE: 9 of 10 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. RES.B Page 79 of 99 ADMINISTRATIVE POLICY AND PROCEDURE TITLE: INVESTMENT POLICY INDEX NO: 100-40 PAGE: 10 of 10 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 RES.D Page 91 of 99 DOT Form 224-065 EF Page 3 of 7 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 RES.D Page 92 of 99 DOT Form 224-065 EF Page 4 of 7 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. RES.D Page 93 of 99 DOT Form 224-065 EF Page 5 of 7 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 RES.D Page 94 of 99 DOT Form 224-065 EF Page 6 of 7 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 RES.D Page 95 of 99 DOT Form 224-065 EF Page 7 of 7 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