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HomeMy WebLinkAbout06-13-22 Special Meeting and WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. PUBLIC NOTICE: Anyone wishing to provide written or oral public comment through Zoom, must pre-register by 9:00 a.m. the day of the meeting, by clicking this link: https://arlingtonwa.seamlessdocs.com/f/councilmeetingform, or by calling 360-403-3441. To view the meeting without providing public comment, please visit our YouTube channel: www.youtube.com/cityofarlingtonwashington CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS SPECIAL MEETING—FINAL ACTION MAY BE TAKEN 1. City Council Vacancy Mayor Barb Tolbert – Steve Peiffle ADJOURN SPECIAL MEETING AND CONVENE WORKSHOP Mayor Barb Tolbert WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Transportation Comprehensive Plan Contract with Transpo Group ATTACHMENT A Staff Presentation: Jim Kelly Council Liaison: Jan Schuette 2. Waste Management NW Contract Renewal ATTACHMENT B Staff Presentation: Jim Kelly Council Liaison: Debora Nelson Arlington City Council Special Meeting and Workshop Monday, June 13, 2022 at 7:00 pm SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 3. Murraysmith Contract Amendment #3 ATTACHMENT C Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 4. Personnel Policy Update ATTACHMENT D Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 5. Modification to Salary Schedule for No-Represented Employees ATTACHMENT E Staff Presentation: James Trefry Council Liaison: Mayor Pro Tem Jan Schuette ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT City of Arlington Council Agenda Bill Item: #1 Attachment A receive transportation grant funds. The Transportation Comprehensive Plan must be consistent with, and help implement, the Land Use Element of the Comprehensive Plan. The City last updated the Transportation Element in 2011, since then the City has grown significantly. The growing population and changes in the City’s zoning result in a need, and provides an opportunity, to systematically evaluate the City’s transportation system and plan for the future. This proposal - - Remand to staff for further consideration RECOMMENDED MOTION: Discussion only. At the next council meeting the motion will be: “I move to approve the Scope of Work and Fee from TranspoGroup for completion of the Transportation Comprehensive Master Plan and authorize the mayor to sign the contract.” Page 1 Attachment A - Scope of Services DRAFT Client Name: City of Arlington Project Name: Arlington Transportation Master Plan Exhibit Dated: May 10, 2022 TG: 1.22064.PR Background Transpo has been assisting the City of Arlington on several transportation-related planning efforts within Arlington and Marysville. Our work includes analysis on the Cascade Industrial Center Subarea Plan and Planned Action EIS, Update CIC Future Network Analysis, forecasting and microsimulation of the 172nd Avenue NE corridor for new development mitigation analysis, and forecasting for the Smokey Point Boulevard Plan. For these efforts, Transpo has collected traffic data, prepared future forecasts, updated the Arlington Travel Demand Model, and developed traffic operations analysis using Synchro and VISSIM models. Transpo is expecting to leverage all this background knowledge, tools, and data sets to prepare an update of the Arlington Transportation Plan. Transpo will prepare a Transportation Master Plan (TMP) that will be referenced in a policy focused Transportation Element document. It is assumed the Transportation Element will be prepared outside of this scope of work and is not included. In the following scope, we have noted how past work is being leveraged to streamline overall efforts. Scope of Services Based on discussions with City staff and an initial review of the Transportation 2035 Plan and 2017 Update, Transpo Group has prepared the following scope of services to support an update of the City’s TMP. The primary study area will be the City and its Urban Growth Area (UGA). The scope of services covers the following eight tasks: 1. Existing Conditions Update 2. Travel Forecast Development 3. Transportation Systems Improvement Projects/Programs 4. Transportation Goals/Policies and Level of Service Standard Review and Update 5. Transportation Finance Program and Impact Fee Rate Schedule 6. Transportation Master Plan Documentation 7. Project Team/Agency Coordination and Public Involvement Support The consultant will be supported by City staff in conducting and review ing of the various work elements. Data needs and support from the City are identified for each task. Task 1. Existing Conditions Update This task will be used to update the existing conditions inventory and analysis documented in the current Transportation Plan. It will build off of the City’s existing data, GIS, and recent and ongoing transportation studies. It will also incorporate results from the expanded and updated traffic operations analyses developed in Task 2. It will highlight changes since the last Transportation Plan w as adopted. Subtask 1A. Review Existing Studies and Plans The City will confirm recent transportation and land use studies and plans for use by the consultant. These will include subarea plans, corridor transportation studies/plans, development traffic impact studies, aerial Page 2 photographs, GIS datasets, and similar materials. The consultant will extract relevant information for the update of the TMP. We will discuss potential changes since the time the prior studies were conducted. This discussion will allow us to focus the TMP on areas of greatest need. We also will review the State Highway Systems Plan and relevant plans from Puget Sound Regional Council (PSRC), Snohomish County and Community Transit. Subtask 1B. Assemble and Analyze Transportation Data In order to establish a solid foundation for the TMP, the consultant will assemble and analyze key transportation system data. These factors will also support development and refinements of the traffic operations and travel demand models (Tasks 2 and 3, respectively). The data will be collected from the City of Arlington, WSDOT, Snohomish County, and other sources, as applicable. The focus of this task will be to update the inventory to reflect changes to the transportation system since the prior Transportation Plan was prepared. The following highlights key work elements of this subtask. Roadway and Intersection Inventory The consultant will summarize the existing system of roadways and intersections within the City and its UGA and adjacent study area. Transpo will work with the City to confirm changes since 2017. Traffic Volume Data Transpo will gather daily tube counts and intersection turning movement traffic counts as part of a separate task order with City staff. The traffic count data will be used to understand changes in traffic trends since 2017 plan update. The count data will be used in revalidating/recalibrating the travel demand model (Task 3) and traffic operations analyses (Task 2). Traffic Operations Analysis For budgeting purposes, it is assumed that the consultant will be responsible for coding up to 30 intersections in the model. Much of this will be develop from past work within the City and updated with the data collected in Task 1. Using Synchro and Sidra, the existing levels of service will be calculated. The measures of effectiveness reported would include intersection levels of service (LOS) and vehicle delay. Significant traffic queue impacts also will be identified for key intersections. These will be reviewed with City staff. Origin-Destination (O-D) Study The Transpo team will leverage Streetlight origin-destination data for use in understanding travel patterns in the City and confirming travel model trip distribution assumptions. The Streetlight origin-destination data will be purchased, analyzed, and summarized to better highlight where vehicles in the City are coming from and going to. The information will be summarized in a series of maps, tables, and summary text to illustrate the origin-destination information and how it has been utilized in the planning process. This will be used in recalibrating the travel demand model in Task 3 as well as provide a backup reference for TIF calculations in Task 6. Collision Data The Consultant will assemble and analyze collision data from the City and WSDOT. The data will cover the most recent five-year period. High accident locations and corrid ors will be identified. The primary types and possible causes of the collisions will be identified. Collisions involving pedestrians or bicyclists will also be documented. Rail and Truck Freight Statewide data will be utilized to determine the approximate number and type of trains traveling through the City, as well as summarization of at-grade rail crossing locations and ownerships of those crossings in a table and figure. Existing truck route designations will be updated and documented. Specific consideration will be to restricting trucks north of the 204th Street NE/67th Avenue NE to WB-40 or smaller and how this may impact conditions along 204th Street NE by requiring larger trucks to use 204th Street NE to SR 9 to/from the north along SR 530. The percentage of heavy vehicle traffic in major travel corridors will also be evaluated, where available. Up to three (3) vehicle classification counts are included as part of the data Page 3 collection effort. The volume of heavy vehicles may affect the type and/or design of transportation improvements. Transit Service, Ridership, and Transportation Demand Management Programs We will update the inventory of existing transit routes and facilities serving Arlington. As available, we will document existing transit ridership. We will also document locations and utilization of park-and-ride lots serving the City. Current paratransit services, commute trip reduction, and other rideshare programs will also be summarized. Pedestrian and Bicycle Facilities Based on the City’s existing plans and data and discussions with City staff, the consultant will document changes to the pedestrian and bicycle facilities since the prior Transportation Plan was prepared. The review of existing conditions will consider the City’s Complete Streets Program and Pedestrian and Bicycle Plans. A map will be prepared to identify the gaps in the non-motorized system. Any data gaps will be addressed by collecting more current information. Transportation Improvement Plans The City’s current Six-Year Transportation Improvement Program (TIP) will be reviewed and summarized. This will provide the baseline for the evaluation of future conditions within the City. The consultant also will document WSDOT, Snohomish County, and other agency improvements that may be applicable for the TMP Update. City Support: • Confirm latest Geographic Information Systems (GIS) base layers (aerials, streets, speed limits, intersections, sidewalks, functional class, etc.) • Confirm available transportation and land use studies and plans in area • City accident data • City TIP and other improvement project descriptions and status • Traffic signal timing for City signals • Review and input on results of existing traffic operations analyses Consultant Deliverables • Draft sections of Arlington Transportation Master Plan related to this task • Slide deck summary for discussion purposes Task 2. Travel Forecast Development The travel demand forecasting model will be updated to analyze revised land use forecasts. Transpo will leverage work completed for other transportation analysis efforts in the City. Updates to the land use forecasts will be prepared by the City or the City’s land use consultant. This will be a minor update with new land use and an updated transportation network as needed. The model will be based on weekday PM peak hour conditions. Traffic growth forecasts for other time periods will leverage the PM peak hour model growth. The base year for the calibration model will be 2022. The forecast year of the model will be consistent with the Comprehensive Plan update (2045 at this time). Update of the model will include the following items: Subtask 2A - Assemble Existing and Forecast Land Use Land use data for base year and future year will be assembled for each TAZ based on the updated land use prepared for the new Comprehensive Plan (in other words, City will provide land use to Transpo). The land use data will be stratified into households types and jobs/employment types. Page 4 Subtask 2B – Update Base Year Model This task involves developing the base year travel demand model that reflects current conditions. The base year travel demand model will be developed using the Visum software platform. This will be an update of the City’s current travel demand model. The model update will use updated counts and the recent origin- destination study to help in the model calibration and validation. Subtask 2C - Prepare Future Traffic Forecasts The future land use data will be input into the model along with the planned transportation improvements to generate future PM peak hour traffic volumes. The resulting forecasts will be reviewed for reasonableness and adjustments will be made, if needed. This task assumes a future baseline and up to three alternative scenarios. Subtask 2D - Model Documentation Documentation of the model will focus on summaries of data, model parameters, calibration results, and resulting forecasts. The documentation will include brief text with associated tables, graphics, and charts. This will be a minor update from the current documentation. Subtask 2E – Evaluate Future Baseline Conditions and Alternatives Using the traffic forecasts, future baseline LOS will be calculated. Similar to the existing conditions summary, future intersection operations will be summarized using similar metrics. The Synchro and Sidra models will be modified to reflect the recommended future transportation improvements identified for the TMP update. The Synchro and Sidra analysis will be used to further refine the improvements and assist in evaluating the overall improvements to the transportation system. City Support: • Review and refine existing and future land use estimates for the City and its UGA by TA Z • Identification of future baseline projects and alternative network scenarios • Input on alternative networks • Review and input on results of forecast traffic operations analyses Consultant Deliverables • Draft sections of Arlington Transportation Master Plan related to this task • Slide deck summary for discussion purposes • Model Documentation Report Task 3. Transportation Systems Improvement Projects/Programs This task will focus on defining the City’s transportation systems improvement needs. It will build off of the existing conditions, travel forecasts, and operations analyses. Recommendations for long-range transportation improvement projects and programs will be developed. Subtask 3A – Future Framework Plan Using the assessment of the existing pedestrian, bicycle, and transit network gaps and an understanding of travel forecasts, areas in need of improvement will be identified. The effort will include both a GIS exercise in locating specific gaps in the non-motorized network, and a traffic operations evaluation of the future travel forecasts (Task 3) utilizing the traffic operations models prepared in the previous task. The results of the evaluation will be a preliminary map of locations in need of improvement that can then be discussed and shared with staff to form the basis of preparing a long-term project list. Pedestrian, bicycle, transit, and roadway systems maps will be prepared considering primary and secondary routes. Facility typology will be considered to define future needs and priorities for corridors. Page 5 In addition to formal transportation analysis and forecasting, long-range planning will also include anticipated emerging transportation trends that may change our basic assumptions concerning transportation systems. Within the last two decades, technology has come closer to past futuristic visions with regards to autonomous, connected, shared, and electric vehicles. It is likely that by the end of the planning period, some or all of these technologies will be deployed to realize some of these long-imagined ideas. This plan will address these emerging technologies and the impacts they may have on Arlington’s transportation network. The framework plan will take into account the existing transportation plans of the City and other agencies. The framework plan will identify which major alternative(s) will be evaluated in the TMP. Subtask 3B – Prepare Transportation Improvement Project List Transportation Improvement Projects Based on the results and direction from subtask 4A, a draft list of transportation improvement projects and programs will be prepared. A map will also be prepared illustrating the location of projects . Improvement projects and programs will also be defined to address traffic safe ty, non-motorized travel, transit service, rail crossings. The improvement projects will be coded into the travel demand model to finalize forecasts for the future recommended plan. The future recommended plan will be evaluated using Synchro and Sidra to confirm the final improvement strategies for the TMP. As appropriate, the improvement projects will be refined to resolve issues at specific locations. Non-motorized facility needs will be evaluated based on gaps in the planned systems. A phasing/ implementation program will be defined to assist the City in preparing its annual Six-Year Transportation Improvement Program. The project list will include identification of potential new arterials and collector roads to support future growth expected in the City study area. This will help to reserve future roadway corridors. The project list will also include roadway widening projects and major intersection/ operation enhancements. Cost Estimates Planning level cost estimates will be prepared based on local area construction cost data provided by the City. We will conduct a brief field survey of key projects to identify any environmental or other issues that could affect the cost estimates. We also will account for costs associated with additional right -of-way needs. The resulting planning level cost estimates will provide a reasonable foundation for the financial plan and implementation program. Priority and Timing Each improvement project will be assigned a relative priority (e.g. high, medium, low) and antici pated timing (e.g. short [6-year], medium, long). The priority and timing will be based on goals and policies of the existing plan, input during the plan update, and the potential for funding. The priorities and timing will likely be adjusted based on the financing program. Project List The draft improvement projects and associated information will be summarized in tabular form. The projects will be mapped in GIS to illustrate the locations and relationships of the improvements. City Support: • Input on framework plan from current and prior plans • Cost estimating parameters from recent projects and for the Six Year TIP • Review and input on priorities and timing of improvements Consultant Deliverables • Draft sections of Arlington Transportation Master Plan related to this task • Slide deck summary for discussion purposes Page 6 Task 4. Transportation Goals/Policies and Level of Service Standard Review and Update The consultant will review the City’s existing transportation goals and policies to ensure they are cons istent with the revised transportation strategies and financing program. In addition, the City’s level of service standards will be reviewed and updated. Subtask 4A – Transportation Policy and Goal Review The consultant will conduct a review of the City’s existing transportation policies and goals. We will identify areas that may need revisions or strengthening based on the updated travel forecasts, operations, project list, right-of-way preservation needs, or financing program. The consultant will provide draft changes for review by the City. Based on City comments/direction, we will finalize the policies and goals. It is assumed that the City will do the PSRC checklist submittal package. Subtask 4B – Level of Service Standard Review The City’s existing level of service standard will be reviewed throughout the update of the TMP especially in Tasks 1and 2. This will lead to potential options for refining the standard to better align with the City’s overall Comprehensive Plan goals and vision. Subtask 4C – Concurrency Program Framework The consultant will assist City staff in evaluating options, based on City objectives, to modify its concurrency and development review programs. This effort will focus on multimodal considerations and improving accessibility. Task 5C will develop a concurrency program framework, but implementation analysis and tools would be a follow-on task. Subtask 4D – Concurrency Implementation The level of effort for concurrency implementation will depend on the program framework. This scope of services assumes the following for planning purposes: • Data Collection. The majority of data will be leveraged from other work completed as part of the Transportation Master Plan; however, depending on the concurrency program there may be travel times and other travel characteristics that need to be gathered. An additional $5,000 in data collection has been allocated for the concurrency implementation. • Thresholds and Credits. Concurrency thresholds will need to be developed . It is anticipated that the thresholds will be related to multimodal trips such as person trips or mobility units. There may be additional travel demand or traffic operations modeling required for implementation of the concurrency program. Transpo will assess the number of trips that are available in the system and credits for developers building projects. • Training and Tools. Transpo will develop staff training and case study material so that staff can implement the concurrency program in-house. A tracking tool will be developed tailored to the Arlington concurrency program. The concurrency program will be documented including information on how to update the program in the future. • Ordinance. Transpo will develop a concurrency ordinance and program documentation. City Support: • Electronic files of existing Transportation Plan policies • Input on current concurrency and development review programs, and future concurrency framework • Direction/comment on Level of Service options Consultant Deliverables • Draft sections of Arlington Transportation Master Plan related to this task • Slide deck summary for discussion purposes • Concurrency Implementation Tools and Ordinance Page 7 Task 5. Transportation Finance Program and Impact Fee Rate Schedule This task of the work program provides an assessment of strategies to fund implementation TMP, including updating the City’s traffic impact fee program. Subtask 5A – Document Existing Transportation Revenues and Expenditures The City will provide the consultant summaries of revenues and expenditures related to transportation covering the past 3 to 4 years. Revenues will include fuel tax revenues, traffic impact fees, general funds, grants, and other transportation funding. Expenditures will include capital projects, maintenance, operations, administration, and other costs related to its transportation system. The revenues and expenditures will be summarized for use in extrapolating potential future funding levels from existing sources. Estimates of future revenues from these sources will be prepared and reviewed with appropriate City staff. Estimates of future expenditures for maintenance, operations, and administration also will be provided by the City. Subtask 5B – Update Transportation Impact Fee Rate Schedule The travel demand model and updated project list/costs provide a basis for updating City’s Transportation Impact Fee rates. Transpo will confirm TIF rate formula is consistent with GMA regulations. Work under this task includes: • Review Impact Fee Project List – The eligibility of improvements currently included in the City’s TIF will be reviewed to confirm that they should continue to be included in the impact fee program. • Calculate Impact Fee Share – The model will be used to allocate TIF project costs to the impact fee. The model will be used to identify the proportion of growth trips versus existing traffic at each project. Cost allocations also will consider assessment of grants and the cost for resolving existing deficiencies. The product of this task will be a cost allocation spreadsheet. • Update TIF Rate Schedule – The impact fee rate schedule will be updated to reflect the revised project costs and cost allocations. This would be updated to the latest version of ITE Trip Generation. • Update Ordinance – The TIF ordinance will be updated by City staff to reference the revised fee schedule and other changes, as needed. Subtask 5C – Define Funding Strategies and Summarize Financing Program Based on the levels of existing revenues versus expenditures and the likely maximum level of anticipate funding through the TIF, other potential funding options will be evaluated. These will include: • Partnering with state or other agencies to fund improvements (WSDOT and Island County) • State or federal grants • SEPA mitigation • Frontage improvements • Transportation Benefit District • Business Improvement Districts or Special Assessment Districts The draft financing program will be summarized in tabular form. As required by GMA, the TMP must identify a reassessment strategy if anticipated funding is not sufficient to cover the total costs of the improvement projects and programs. We will define implementation strategies and associated policies to meet that requirement. This may include revisiting level of service standards, growth assumptions, project priorities, phasing of improvements, or other options. We also will assist the City in defining projects that could be effectively partnered with WSDOT, Snohomish County and/or developers. City Support: • Summaries of City’s transportation revenues and expenditures for past 3 to 4 years Page 8 • Direction/review on traffic impact fee program • Review of overall financing program for TMP • Lead in updating City’s impact fee ordinance and adoption Consultant Deliverables • Draft sections of Arlington Transportation Master Plan related to this task • Slide deck summary for discussion purposes • Finance and TIF spreadsheet files Task 6. Transportation Master Plan Documentation Task 7 is used to assemble the TMP. It builds on the full range of analyses and input from the other tasks of the project. Subtask 6A – Prepare Transportation System Plans Each of the following system plans will be updated consistent with the identified transportation improvement projects, financing plan, and the updated goals and policies. A discussion of implementation strategies will also be provided. Street and Highway Systems The Street and state-owned Highway System will identify improvement projects for resolving existing and future roadway capacity and safety deficiencies. The roadway functional classification will also be reviewed and updated to support the overall transportation system. Freight Systems Truck routes serving the City will be reviewed and updated, as needed, to be consistent with the revised goals and policies. The need for improvements at at-grade rail crossings within the study area will be identified. Pedestrian and Bicycle Systems As needed, the pedestrian and bicycle systems plans will be revised. The revisions will be a limited effort with input from the City. Sidewalk locations and bicycle routes will be reviewed and updated. This will focus on incorporating new links or reflecting changes in non-motorized facilities associated with roadway projects. A key element of the plans will be to ensure there is consistency with the Complete Streets Policy, Multi -use Trail Maps and Pedestrian and Bicycle Plans. Public Transportation System and Transportation Demand Management Transit strategies identified in the project list will be summarized. These will include identification of potential new routes and additional service on existing routes. Discussion will include the new Swift routes to the Smokey Point area. Transit options to serve forecast growth areas as well as existing needs will be identified. The public transportation system plan will be coordinated with the street and highway, and non - motorized improvements to make sure these elements help support the proposed transit service programs. The TMP will identify relative priorities and timing for each strategy. Strategies to reduce traffic volumes through transportation demand management programs will also be documented. Subtask 6B – Prepare Draft and Final Transportation Master Plan The updated multimodal transportation system projects and programs, the goals and policies, and the financial plan will be brought together into a draft TMP. The TMP will focus on transportation improvement projects and programs needed to meet the short-, mid-, and long-term transportation needs for the City. It will also outline implementation strategies. It will include detail on existing transportation systems, the development and analyses of the travel forecasts, evaluation of the multimodal transportation system projects and programs, LOS and concurrency program refinements, transportation financial analyses and updated impact fee program. It will also address project prioritization methods and supporting information on the project cost estimates. Page 9 The preliminary draft TMP will be provided to City staff for review in electronic format. Based on comments, a draft final TMP document will be prepared for review by the Planning Commission and City Council. Following review and comment by the Planning Commission and City Council, the TMP will be finalized and transmitted to the City. This assumes only editorial type changes and does not provide for significant changes in policy direction, the transportation system plans, or similar larger scale revisions. City Support • Input on formatting of the TMP • Review and input on draft and final TMP Consultant Deliverables • Draft/Final City of Arlington Transportation Master Plan • Electronic files will be provided of all documents Task 7. Project Team/Agency Coordination Transpo will coordinate with the Project Team on a bi-weekly basis throughout the duration of the project. The coordination will address project scope/status, technical and policy direction, budget, schedule, meetings, etc. The consultant will prepare and participate in up to two (2) meetings to present the TMP (Planning Department and City Council meetings). The consultant will prepare presentations and handouts for each meeting, as appropriate. City staff will coordinate and set up the meetings. This task assumes the community/public outreach will be conducted the City or others. City Support: • Arranging for meeting locations, date, and times • Public notice, if applicable Consultant Deliverables • Draft/Final Presentation Materials • Meeting attendance Number / Project Name 1.22064 Arlington Transportation Master Plan Pay rates are effective from July 3, 2021 through July 1, 2022, within the ranges shown in the attachment. Only key staff are shown and other staff may work on and charge to the project as needed by the project manager. Project Manager Senior Engineer Project Engineer CAD/ Graphics Project Admin initials SRH BMT JL1 NEJ CLF job title Assoc Prin L6 Eng L6 Eng L4 Anyl L2 PA L3 cost rate $255.00 $245.00 $170.00 $115.00 $125.00 Labor: Work Task Hours Cost 1 Existing Conditions Update 10 10 44 32 4 100 $16,660 2 TDM Update 6 32 40 8 86 $17,090 3 Transportation Systems Improvements 12 24 40 16 92 $17,580 4 Goals/Policies, Concurrency, LOS 40 24 50 8 122 $25,500 5 Finance and TIF Update 16 24 32 8 80 $16,320 6 TMP Documentation 32 24 60 40 6 162 $29,590 7 Agency Coordination/Public Involvement 40 24 16 8 88 $19,800 0 $0 0 $0 Total Hours 156 162 282 112 18 730 Labor Costs $39,780 $39,690 $47,940 $12,880 $2,250 $142,540 Reimbursable Expenses:Reimburs. Item Cost Travel/Mileage $500 Streetlight Data/Other Concurrency Data Collection $10,000 Sub Total $10,500 Total (Cost + 15 percent)$12,075 $154,700 Cost Estimate Worksheet TOTAL ESTIMATE Cost Estimate Prepared on: 5/10/2022 City of Arlington Council Agenda Bill Item: #2 Attachment B the community providing: - free annual community garbage collection day - free garbage/recycling collection at City events - free refuse/recycling services to 18 City facilities - free recycling to approx. 200 Arlington business - free education outreach to business & schools - Coordination with City’s refuse consultant Blue Marble Our current contract is set to expire in August 2023; staff is recommending renewal of the Waste Management Contract. Changes to the contract include: • The annual CPI adjustment reference will change from Urban Clerical Workers to Water and Sewer and Trash Collection Services • Utility rates will be adjusted (new rates attached to this CAB) • Minor edits to the COA-WM Agreement (Agreement with edits attached to this CAB) City of Arlington Council Agenda Bill Item: #2 Attachment B Do not contract with Waste Management - Remand to staff for further consideration RECOMMENDED MOTION: Discussion only. At the next Council Meeting the motion will be, “I move to approve the City of Arlington and Waste Management Agreement for Refuse Collection, Recycling and Composting and authorize the Mayor to sign the agreement.” Waste Management Rate Sheet Arlington – 2022 June 8, 2022 1 2022 - Residential Recycling and Garbage Rates Res'l Recycling & Total Customers WM Current Rates Eff New WM Draft Contract Rates Eff 20-gallon cart 411 $18.10 $21.97 35-gallon cart 2,255 $21.61 $25.09 64-gallon cart 1,536 $29.15 $33.63 96-gallon cart 558 $30.81 $40.37 • WM proposed rates are monthly rates for weekly garbage and include a 96-gallon cart for recycle serviced every other week 2022 – Commercial Garbage Rates Com'l Garbage Total Customers Rates Eff Contract Rates Eff 1 yard 104 $81.04 $89.14 1.5 yard 25 $110.86 $121.95 2 yard 85 $142.00 $156.20 3 yard 70 $199.12 $219.03 4 yard 87 $238.78 $262.66 6 yard 60 $294.33 $323.76 8 yard 62 $383.53 $421.88 • Commercial rates are for garbage and include up to 2-96 gallon recycle carts 2022 - Subscription Yard Waste Res'l Yard Waste Total Customers WM Current Rates Eff 9/1/2021 New WM Draft Contract Rates Eff 9/1/2022 96-gallon cart 3,060 $12.89 $14.18 • WM proposed rate is monthly rate for weekly pickup year-round of yard waste *WM proposed rates are valid for 90 days CONTRACT FOR SOLID WASTE, RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL BETWEEN THE CITY OF ARLINGTON, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. i RECITALS ............................................................................................................................................................ 1 DEFINITIONS ...................................................................................................................................................... 2 ARTICLE I - AGREEMENT AND TERM 1.1 AGREEMENT ........................................................................................................................................... 6 1.2 TERM ......................................................................................................................................................... 6 1.3 EXCLUSIVE RIGHT ................................................................................................................................. 6 1.4 FRANCHISE ENFORCEMENT ................................................................................................................ 6 ARTICLE II - GENERAL OPERATIONS 2.1 GENERAL ................................................................................................................................................ 6 2.2 COLLECTION SCHEDULE AND HOURS OF OPERATIONS ............................................................ 7 2.3 COLLECTION LOCATIONS ................................................................................................................. 7 2.4 COLLECTION FROM SENIOR CITIZENS AND PHYSICALLY CHALLENGED PERSONS .......... 7 2.5 SENIOR CITIZEN DISCOUNT ............................................................................................................... 7 2.6 DANGEROUS ANIMALS ...................................................................................................................... 7 2.7 EMPLOYEES TO USE WALKS IF CARRY-OUT SERVICE DIRECTED .......................................... 7 2.8 EMPLOYEES NOT TO TRESPASS ........................................................................................................ 7 2.9 CONTRACTOR TO MAKE EXAMINATION........................................................................................ 8 2.10 EMPLOYEES ........................................................................................................................................... 8 2.11 NON-DISCRIMINATION ........................................................................................................................ 8 2.12 OSHA/WISHA .......................................................................................................................................... 8 2.13 COMPLIANCE WITH LAWS ................................................................................................................. 8 2.14 EMPLOYEES TO BE COURTEOUS, ETC ............................................................................................. 9 2.15 COMPANY NAME .................................................................................................................................. 9 2.16 CONTRACTOR'S OFFICES .................................................................................................................... 9 2.17 PERMITS .................................................................................................................................................. 9 ii 2.18 PUBLIC UTILITIES ................................................................................................................................. 9 2.19 LOADING ................................................................................................................................................. 9 2.20 CLEANUP OF SPILLS............................................................................................................................. 9 2.21 DISRUPTION OF COLLECTION DUE TO WEATHER ....................................................................... 10 2.22 HOLIDAY SCHEDULES ......................................................................................................................... 10 2.23 MISSED AND MAKEUP COLLECTIONS ............................................................................................. 10 2.24 COLLECTION EQUIPMENT .................................................................................................................. 11 2.25 RESERVE EQUIPMENT ......................................................................................................................... 11 2.26 PAINTING AND CLEANING OF VEHICLES ....................................................................................... 11 2.27 SUBCONTRACTORS .............................................................................................................................. 11 2.28 METHOD OF PROCESSING AND DISPOSAL ..................................................................................... 11 2.29 SERVICE TO CITY FACILITIES ........................................................................................................... 11 2.30 COMPLIANCE WITH LAWS ................................................................................................................. 12 2.31 SERVICE AREA ...................................................................................................................................... 12 2.32 CARTS AND CONTAINERS .................................................................................................................. 12 ARTICLE III - REPORTING REQUIREMENTS 3.1 REPORTING REQUIREMENTS ............................................................................................................ 12 3.2 ANNUAL PROGRAM REPORTS .......................................................................................................... 12 3.3 MONTHLY PROGRAM REPORTS ....................................................................................................... 13 3.4 CONTRACTOR'S RECORDS; ACCESS INSPECTION ....................................................................... 13 ARTICLE IV - INSURANCE AND SAFEGUARDS 4.1 INSURANCE GENERAL REQUIREMENTS ........................................................................................ 13 4.2 ADDITIONAL INSURANCE ................................................................................................................. 13 4.3 CONTINUANCE ..................................................................................................................................... 13 4.4 ENDORSEMENTS .................................................................................................................................. 14 4.5 MINIMUM LIMITS ................................................................................................................................ 14 iii 4.6 MINIMUM SCOPE OF INSURANCE ............................................................................................... 14 4.7 ACCEPTABILITY OF INSURERS ........................................................................................................ 14 4.8 CONTRACTORS INSURANCE - PRIMARY ....................................................................................... 14 4.9 PERFORMANCE BOND ........................................................................................................................ 15 4.10 INDEMNIFICATION .............................................................................................................................. 15 4.11 WAIVER OF RCW TITLE 51................................................................................................................. 15 4.12 COMPLIANCE REQUIRED ................................................................................................................... 15 ARTICLE V - GARBAGE COLLECTION 5.1 GARBAGE COLLECTION .................................................................................................................. 16 5.2 CARTS................................................................................................................................................... 16 5.3 BULKY ITEMS AND WHITE GOODS ............................................................................................... 16 ARTICLE VI - CITY CLEANUPS 6.1 SPRING CLEANUP .............................................................................................................................. 16 ARTICLE VII - RECYCLABLE MATERIALS COLLECTION 7.1 GENERAL RECYCLING PROVISIONS .............................................................................................. 17 7.2 RECYCLING CARTS ............................................................................................................................ 17 7.3 CONTAMINATION............................................................................................................................... 17 ARTICLE VIII - COMPOSTABLE ORGANICS COLLECTION 8.1 COMPOSTABLE ORGANICS COLLECTION ................................................................................. 17 8.2 CONTAMINATION1 .......................................................................................................................... 17 ARTICLE IX - COMPENSATION 9.1 CONTRACTOR RATES ..................................................................................................................... 18 9.2 CPI ADJUSTMENT ............................................................................................................................ 18 iv 9.3 OTHER SOLID WASTE COLLECTION SERVICES ....................................................................... 18 9.4 PASS THROUGH OF DISPOSAL AND PROCESSING FEE INCREASES .................................... 18 9.5 COSTS OF UNCERTAIN NATURE .................................................................................................. 18 9.6 CHANGE IN RECYCLABLE MARKETS/COSTS ........................................................................... 19 ARTICLE X - BILLING SERVICES AND CUSTOMER EDUCATION 10.1 CONTRACTOR BILLING ................................................................................................................. 19 10.2 COLLECTION FOR NON-PAYMENT ............................................................................................. 19 10.3 SUSPENDING COLLECTION FROM PROBLEM CUSTOMERS .................................................. 20 10.4 PROMOTION AND EDUCATION .................................................................................................... 20 ARTICLE XI - DEFAULTS 11.1 TERMINATION ...................................................................................................................................21 11.2 LIQUIDATED DAMAGES ..................................................................................................................21 ARTICLE XII – ANNEXATION 12.1 FRANCHISE RIGHTS/ANNEXATTONS ........................................................................................... 22 ARTICLE XIII - MISCELLANEOUS 13.1 NON-WAIVER ...................................................................................................................................... 23 13.2 NOTICES .............................................................................................................................................. 23 13.3 SEVERABILITY .................................................................................................................................. 23 13.4 ENTIRE AGREEMENT........................................................................................................................ 23 13.5 ATTORNEYS' FEES ............................................................................................................................. 23 13.6 CHANGE IN RATE OR SERVICE ..................................................................................................... 23 13.7 ASSIGNMENT ...................................................................................................................................... 24 13.8 FORCE MAJEURE ............................................................................................................................... 24 13.9 APPLICABLE LAW/VENUE............................................................................................................... 24 v 13.10 INDEPENDENT CONTRACTOR ........................................................................................................ 24 13.11 SUBCONTRACTING ........................................................................................................................... 24 13.12 TAXES AND FEES .............................................................................................................................. 24 13.13 INSOLVENCY AND RIGHT TO TERMINATE CONTRACT .......................................................... 24 13.14 RESERVATION OF MUNICIPAL AUTHORITY .............................................................................. 25 13.15 SUCCESSORS AND ASSIGNS ........................................................................................................... 25 13.16 CORPORATE AUTHORITY ............................................................................................................... 25 13.17 DISPUTE RESOLUTION ..................................................................................................................... 25 Exhibit A: List of City Facilities and Events Exhibit B: Service Rate Schedule Exhibit C: Contingency Plan Exhibit D: Recyclable Materials Exhibit E: Airport Storage Area Map PAGE - 1 CONTRACT FOR SOLID WASTE, RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL BETWEEN THE CITY OF ARLINGTON, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. RECITALS WHEREAS, the City of Arlington, a Washington municipal corporation (the "City"), has negotiated with Waste Management of Washington, Inc., a Delaware corporation (the "Contractor"), for solid waste collection and recycling pick-up services; and WHEREAS, solid waste collection service is a fundamental municipal function with uniform, managed collection necessary for the preservation of public health; and WHEREAS, Contractor represents that it has the experience, resources, and expertise necessary to perform solid waste collection services; and WHEREAS, pursuant to RCW 35.21.120 the City has enacted ordinances codified in the City's Municipal Code which created a system for the orderly collection and disposal of Garbage within the City of Arlington; and WHEREAS, the City agrees to adopt such modifications to its solid waste ordinances as are necessary to reflect this agreement; and WHEREAS, this contract is subject to the adoption of such ordinance modifications and to the rights of any third parties regarding franchises provided for pursuant to RCW 35.13.280; and WHEREAS, the City Council finds that by entering into this contract for the collection of Recyclables and Garbage, the citizens of the City will receive a greater variety of Garbage services at more stable rates; and WHEREAS, the City and Contractor have negotiated a mutually advantageous proposal for providing solid waste collection services and the City Council has determined that the City should enter into a contract with Contractor for the collection, disposal, processing, marketing and transportation collection and disposal of Garbage/Solid Waste, Recyclable Materials, and Compostable Organics recycling and yard debris within the City; PAGE - 2 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND COVENANTS STATED HEREIN THE PARTIES AGREE AS FOLLOWS: DEFINITIONS For the purposes of this Contract the following terms shall have the following meanings: Adjustment Date: means the date that occurs annually on September 1st. Bagster: means a "dumpster in a bag" product which can hold up to three cubic yards of debris and other solid waste materials and is serviced by a special roll -off collection vehicle operated by Contractor. Bagster products may be purchased by customers in local home improvement retail stores. Blowing: means materials collected on route blowing out or off of the truck. Bulky Waste/Items: Couches, chairs, mattresses, appliances and other large items that do not fit into the standard Residential or Commercial Garbage truck. Cart: means Contractor owned wheeled cart that is a plastic container with 20, 35, 64 or 96 gallons of capacity; designed for and used with a hydraulic lifting mechanism; fitted with a sturdy handle and a cover; is rodent and insect resistant; and is capable of holding collected liquids without spilling when in an upright position; and can be used for garbage, organics and recyclable collection. Carry Out Service: means the servicing of carts by Contractor which are not placed Curbside by the customer for collection, but rather require the Contractor to enter onto Customer's property and roll-out or carry-out carts to Contractor's collection vehicle. Customers may request a carry out service for an additional fee as set forth in Exhibit A, and such fees are charged based upon the distance from Contractor’s collection vehicle. Carry out service for Senior Citizens and Physically Disabled Persons as is set forth in Section 2.1.4. City: The City of Arlington, Washington. Commercial/Industrial Customers: Non-Residential customers including businesses, institutions, governmental agencies, Multi-Family customers with Commercial accounts and all other users of commercial -type Garbage collection services. Commercial Recycling Customers: Commercial/Industrial customers who voluntarily sign up for this Recyclables collection service. Compostable Organics: Means any organic waste materials that are source separated for collection, such as Yard Debris and Food Waste. PAGE - 3 Food Waste: All compostable pre- and post-consumer food scraps, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and egg shells, and food - soiled paper such as paper napkins, paper towels, paper plates, coffee filter s, paper take-out boxes, pizza boxes, or other paper products accepted by the Contractor's selected composting site. Food scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility. Yard Debris: Leaves, grass and clippings of woody, as well as fleshy plants. Unflocked whole holiday trees are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two (2) feet by two (2) feet by four (4) feet in dimension shall be allowed and shall be secured by degradable string or twine, not nylon or other synthetic materials. Kraft paper bags and untied reusable paper bags may be used to contain Yard Debris. Contractor: Waste Management of Washington Inc., which has contracted with the City of Arlington to collect, process, market and transport Garbage/Solid Waste, Recyclable Materials, and Compostable Organics within the City limits. County: Snohomish County, Washington. Contract Administrator: The Public Works Director or a person designated by that individual. Curb or Curbside: The area within five (5) feet of the Public Street or alley where regular collection occurs. If safe access is difficult or extraordinary circumstances preclude such a location, curbside shall be considered a placement suitable to the resident, convenient to the Contractor's equipment, and mutually agreed to by the Administrator and Contractor. Customer: means any residential, multifamily, commercial, or industrial customer who generates Garbage/Solid Waste, Recyclables, or Compostable Organics within the City. Garbage/Solid Waste: All putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, non-recyclable demolition and construction wastes, and discarded commodities that are placed by customers of the Contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Excluded Materials, Hazardous Wastes, Special Wastes, source- separated Recyclables or Compostable Organics. Disposal Fee: The fee charged by to the Contractor for the disposal of any Garbage or Solid Waste Excluded Materials: means any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or chemical or other properties that are deleterious or capable of causing material damage PAGE - 4 to any part of Contractor’s property or the disposal facility, its personnel or the public or materially impair the strength or the durability of the Contractor’s structures or equipment, or any materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, i ncluding, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other waste not approved in writing by Contractor. Excluded Materials also exclude materials which contain any amount of Excluded Materials. Hazardous Waste: The waste, material or substance that is not excluded from regulation as "hazardous waste," "hazardous substance," or "dangerous waste" by application of regulations adopted by the United States Environmental Protection Agency or the Washington State Department of Ecology and that now or hereafter: (a) is required to be dealt with as a hazardous waste under regulations promulgated by the United States Environmental Protection Agency at 40 CFR part 261 ; or (b) contains a radioactive material the storage or disposal of which is regulated by state or federal law or regulation; or (c) is designated a "dangerous waste" or "extremely hazardous waste" by regulations adopted pursuant to Chapter 70.105 RCW; or (d) is required to be dealt with as a hazardous substance under chapter 70.105D RCW and regulations promulgated by the Washington Department of Ecology at chapter 173-340 WAC. Inaccessible Area: Any road that does not allow safe access, tumturn-around, clearance or does not meet the weight requirements for the trucks. Mixed Paper: Magazines, junk mail, phone books, bond or ledger grade paper, cardboard and paper board packaging. Tissue paper, paper towels, and frozen food containers are excluded. Multi-Family Residence: All Multi-Family complexes including apartments, condominiums, town houses, and mobile home parks with two (2) or more dwelling units (or any complex that is billed as a group), where single family collection service is not conveniently provided. Public Street: A public right a of way used for public travel and owned by the City. Non-Regular Scheduled/Temporary Service: means, any non-permanent, temporary service requested by a customer and available by the Contractor to bill for. These requested services will be provided by the Contractor and billed directly to the customer by Contractor. C ity will refer these types of service requests to Contractor for set up, service scheduling and billing. Physically Challenged Persons: means disabled persons or any other residential Ccustomer who is not physically able to move carts out to the Curbside, as determined based upon criteria reasonably established by the Contractor, with input from the City. Requests must be made to the Contractor in writing for such designation, and the customer Customer household cannot have another able-bodied person living in the home who is capable of rolling carts out to the Curbside. PAGE - 5 Recyclable Materials: Those certain items as contained in Attachment D. Recycling Carts: A Contractor-owned and provided labeled cart suitable for on-site collection and/or storage of source-separated Recyclables and Compostable Organics at Residential and Multi- Family locations. Residence: A living space individually rented, leased, or owned. Senior Citizen: means any residential customer Customer where all residents in the household are at least sixty-two years of age, with the exception of minor children. Service Area: The municipal boundaries of the City both now and as they may be expanded by annexation during the life of the contract, subject to the provisions of RCW 35.13.280. Single Family Residence: All single unit houses, duplexes, and mobile homes where service is billed to the individual customer. Single Stream Recycling: also known as "fully co-mingled" recycling refers to a system in which all Recyclable Materials are placed together in the same Recycling Cart, instead of being sorted into separate commodities by the resident. Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes, industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de­ characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with applicable federal, state, county or local laws or regulations. White Goods: Means large household appliances such as washers, dryers, stoves, refrigerators (not containing CFCs), dishwashers, and other similar appliances. WUTC: Means the Washington Utilities and Transportation Commission (WUTC), which regulates solid waste collection in the unincorporated areas of the County. PAGE - 6 ARTICLE I - AGREEMENT, TERM 1.1 Agreement The City of Arlington (hereinafter referred to as "City"), hereby agrees that Waste Management of Washington, Inc. (hereinafter referred to as "Contractor"), shall have the exclusive right to collect Garbage/Solid Waste, Recyclable Material and Compostable Organics within the city limits, to the extent allowed by law, including all work incidental thereto, upon the terms and conditions set forth below. 1.2 Term The initial term of this Contract is ten years, starting September 1, 202210, and expiring August 31, 203220. The parties agreed to exercise one (1) of the two (2) year extensions on or about April 15, 2013, thus extending the term of this Contract to August 31, 2022. The parties may, by mutual agreement, extend the agreement for an two (2) additional periods of two (2) years each. Any such extension shall be under the original terms and conditions of this Contract. To exercise the option to extend this Contract, the parties shall agree in writing not less than 180 days prior to the then expiring Contract term. 1.3 Exclusive Right. The City does hereby grant to Contractor the exclusive duty, right and privilege to collect and dispose, process and market or otherwise handle all residential, commercial, and industrial Solid Waste generated, deposited, accumulated or otherwise coming to exist in the City, and all residential/multi-family Recyclable Materials and Compostable Organics generated, deposited, accumulated or otherwise coming to exist in the City. 1.4 Franchise Enforcement When asked by the Contractor, the City shall use reasonable efforts to protect this right of the Contractor; however, the City shall not be obligated to join or instigate litigation to protect the right of the Contractor. The Contractor may independently enforce the exclusive rights under this Contract against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate with Contractor in Contractor's actions to enforce such rights (without obligating the City to join any l itigation initiated by Contractor). ARTICLE II - GENERAL OPERATIONS 2.1 General The services to be performed consist of the collection of all Garbage, Recyclable Material, and Compostable Organics herein referred to which occur within the City of Arlington and disposal or recycling thereof. The collection of Hazardous Waste is not included within the scope of this Agreement, and Contractor shall be under no obligation to collect any Hazardous Waste. Nothing herein is intended to prevent Contractor from collecting, transporting and/or disposing of any non- hazardous or hazardous toxic waste in accordance with applicable federal and state requirements and regulations, so long as such actions are performed separate and apart from any action taken in the PAGE - 7 performance of this Agreement. 2.2 Collection Schedule and Hours of Operations The collection of Garbage, Recyclable Materials and Compostable Organics from Single Family and Multi-Family customers within the City shall be between the hours of 7:00 AM and 6:00 PM Monday through Friday, unless otherwise agreed to in writing by the City and Contractor. The collection of Commercial customers will be between the hours of 5:00 AM and 6:00 PM Monday through Friday. Recycling will be collected every other week where as garbage and compostable organics will be collected weekly. 2.3 Collection Locations Contractor shall collect Garbage, Recyclable Materials and Compostable Organics at Curbside from all Single Family Residences and Multi -Family Residences. Contractor may re fuse to pick up materials at locations identified by Contractor and approved by the City, acting reasonably, where, because of the conditions of the streets, alleys or roads, it is impractical to operate vehicles, and may refuse to drive into private property where driveways or roads are without adequate turnarounds or have other unsafe conditions. 2.4 Collection from Senior Citizens and Physically Challenged Persons The Contractor shall offer carry-out service for Garbage, Recyclables and Compostable Organics of up to fifty (50) feet from Contractor's vehicle to qualifying Senior Citizens and Physically Challenged Persons lacking the ability to place containers at the Curb, at no additional charge. The Contractor shall use qualification criteria that are fair and meet the needs of the City's senior residents. These criteria shall comply with all local, state and federal regulations, and shall be subject to City review and approval prior to program implementation. 2.5 Senior Citizen Discount Senior Citizens must be 62 years of age and will be required to send proof of age (driver's license or identification card) to Waste Management Customer Service Center. Once proof of a ge is received, a 10% discount will be applied to the account. 2.6 Dangerous Animals Contractor will not be required to enter into private property to pick up materials while an animal considered or feared to be vicious is loose. 2.7 Employees to Use walks if Carry-out Service Directed Employees, in collecting Garbage and Recyclable Materials, shall follow the regular walks for pedestrians while on private property returning to the street or alley after replacing empty cans. They shall also replace all Garbage cans and covers and close all gates opened by them. All employees shall wear clean clothing or uniforms. 2.8 Employees Not to Trespass Employees shall not trespass or loiter, cross property to an adjoining premise, or meddle with property which does not concern them. PAGE - 8 2.9 Contractor to Make Examination Contractor shall make its own examination and investigation regarding the proper method of doing the work and all conditions affecting the work to be done, and the labor, equipment and materials needed therefore and the quantity of work to be performed. Contractor agrees that it is satisfied with its own investigation and research, and will make no claim against City because of any of the estimates, statements, or interpretations made by any officer or agent of th e City. This Agreement is for the benefit of the parties thereto and is not intended to inure to the benefit of any third party. 2.10 Employees All workers employed by Contractor shall be competent and skilled in the performance of the work to which they may be assigned. All drivers must have a C.D.L. "B" or "A" license and a current medical card. Failure or delay in the performance of this Contract due to Contractor's inability to obtain workers of the number and scope required, shall constitute a default of this contract. 2.11 Non-Discrimination The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based on a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, withou t regard to their creed, religion, race, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to the following: Employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment any required notices setting forth the provisions of this nondiscrimination clause. Contractor understands and agrees that if it violates this nondiscrimination provision, this contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of s uch action is unlikely. 2.12 OSHA/WISHA Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with. The Contractor shall indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the acts and standards issued there under. The Contractor is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to the operation of the collection processing system. 2.13 Compliance with Laws PAGE - 9 Contractor agrees to comply, at its own expense, with all applicable State, Federal and Local laws, rules and regulations, including, but not limited to, all applicable laws regarding wages. 2.14 Employees to be Courteous, Etc. Employees of Contractor shall be courteous at all times and not use loud or profane language and shall do their work as quietly as possible. 2.15 Company Name Contractor shall not use a firm name containing any words implying municipal ownership or including the name of the City. 2.16 Contractor's Offices Contractor shall be required to maintain a local access telephone number or a 800 number which meets the approval of the City, and such attendants as may be necessary to take care of complaints, as well as orders for special service or to receive instruction. The attendant shall be on duty between the hours of 8:00 a.m. and 5:00 p.m. PST, Monday through Friday, except holidays. At such times as the office is closed, a recorder shall be in operation. The contractor shall maintain a website for customer use 24 hours per day 7 days per week at www.wmnorthwest.com/arlington The website must provide a separate address for the City of Arlington that can accept electronic communication. 2.17 Permits Contractor shall take out and pay for any business license or other fee required by the City or any other governmental authority which may be required to provide the services under this Contract. 2.18 Public Utilities Contractor shall be obligated to protect all public and private utilities whether occupying street, public or private property. If such utilities are damaged by reason of Contractor's operations under this Contract, he shall repair or replace same. 2.19 Loading Extra care shall be taken in the loading and transporting of Garbage, Recyclables, Compostable Organics and other wastes so that the material to be collected is not left either on private property or on the streets or alleys. Any Garbage, Recyclables, Compostable Organics or other wastes left on private property or on streets or alleys spilled by Contractor shall be cleaned up within 24 hours of received complaint. 2.20 Cleanup of Spills All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers on all collection vehicles shall be operated so as to prevent blowing or spillage of materials. Any blowing or spillage of materials either caused by Contractor or that occurs during collection shall be immediately cleaned up by the Contractor at its expense. Prior to any collection vehicle leaving a c ollection route and/or operating on any roads with a speed limit higher than 25 miles per hour, Contractor shall completely close any PAGE - 10 collection vehicle openings where materials may blow out, and thoroughly inspect for and remove any collected materials inadvertently spilled on top of the collection vehicle to prevent release or littering of this material. Spillage not immediately cleaned up shall be cause for performance fees, as described in Section 11.2. All vehicles used in the performance of this Contract shall be required to carry and regularly maintain spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to contain, control and, for mino r events, appropriately clean-up, blowing materials, litter, leaks and spillage of Contractor vehicle fluids and leachate. Spill kits shall also include employee spill containment instructions and procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract. All Contractor vehicle drivers shall be provided with annual hands-on training on the location, maintenance, and use of spill kits and associated containment and notification procedures. All Drop Box Container loads (both open and compactor) shall be properly and thoroughly covered or tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or Public Street. 2.21 Disruption of Collection Due to Weather When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents, or property, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City, on the same business day, of the areas not served. The Contractor shall collect Garbage, Recyclables and Yard Debris from customers with interrupted service on their next scheduled service day. Extra Garbage will not be charged for as long as it does not exceed double their normal service. 2.22 Holiday Schedules The Contractor shall designate which holidays will be observed and indicate the schedule that will be worked if the holiday falls on a regular collection day. The holiday schedule for the next year shall be provided in writing by the Contractor to the City annually on or before November 15 of the prior year. When the day of regular collection is a legal holiday, the Contractor may reschedule the service to the next day, example: Monday to Tuesdays, Tuesday to Wednesday, Wednesday to Thursday, Thursday to Friday and Friday to Saturday. The Contractor may not collect Residential Garbage, Recyclables or Yard Debris earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. 2.23 Missed and Makeup Collections If the Contractor fails to collect a customer's Garbage, Recyclable Material or Composta ble Organics which have been properly and timely set out for collection during a regularly scheduled collection, other than as provided in Section 2.10.1 or 2.10.2, the 'contractor shall make a special make up collection within 24 hours (or one business day) of notification by the City or customer. PAGE - 11 This section applies to omitted collections of a single residence, a row of residences, or an entire route. If Contractor fails to provide a special pickup for a missed collection within twenty-four (24) hours (or one business day) after notification by the Contract Administrator or customer, the Contract Administrator may cause the work to be done and the Contractor shall fully reimburse the City for its collection expenses. In addition, contractor will be responsible for liquidated damages per section 11.2. 2.24 Collection Equipment Contractor shall possess or demonstrate to the City's reasonable satisfaction that it has available to it adequate equipment and vehicles, including reserve or replacement vehicles and equipment, sufficient to perform the services required of Contractor herein. Contractor shall maintain all trucks and equipment used within the City in good mechanical condition and the same shall be clean, numbered and uniformly painted. All truck bodies used by Contractor shall be constructed of metal and shall be watertight and leak proof. Each vehicle used by Contractor shall carry at all times a broom and shovel or other item appropriate for use in the prompt removal of any spilled material. All vehicles used by Contractor shall have adequate coverage at all times to pre vent the spillage of Solid Waste. 2.25 Reserve Equipment The number and type of collection vehicles, including back up or reserve equipment in event of equipment failure, furnished by Contractor, shall be sufficient for the collection of all Garbage, Recyclable Materials and Yard Debris. Contractor shall make available for rental detachable containers which meet all applicable safety requirements. 2.26 Painting and Cleaning of Vehicles Collection vehicles shall be painted and numbered and shall have the Co ntractor's name and number of the vehicles painted in letters of a contrasting color, at least four (4) inches high on each side of each vehicle. No advertising shall be permitted other than the name of the Contractor. All vehicles shall be kept in a clean and sanitary condition. 2.27 Subcontractors Contractor may not subcontract any portion of the services required by this Contract without the specific written consent of the Contract Administrator, which shall not be unreasonably withheld . Such consent shall not relieve Contractor from its responsibilities under this Contract for the services performed by a subcontractor. 2.28 Method of Processing and Disposal Contractor shall deliver all Garbage, Recyclable Materials and Commercial Organics collected under the Contract to permitted facilities of its choosing, as approved by the Snohomish County Solid Waste Division and Snohomish County Health Department, for the processing or disposal of such materials. 2.29 Service to City Facilities As partial consideration for this Contract, Contractor shall provide free collection of regularly PAGE - 12 generated Garbage and Recyclables from all City facilities and three annual city events listed in Exhibit A. Contractor shall provide free collection of Garbage and Recyclables from all Airport Administrative and Maintenance Buildings, and the Municipal Airport shall provide storage space for Contractor's detachable garbage containers. A map of the Contractor’s storage space at the airport is included as Exhibit E. Contractor reserves the right to discontinue free collection of Garbage and Recyclables from all Airport Administrative and Maintenance Buildings in the event the Municipal Airport reduces available storage space. A list of current City facilities and annual events is attached as Exhibit A. If there is a material increase in the number of City facilities during the term of this Contract, then the Parties shall meet and confer in good faith to negotiate an appropriate adjustment to Contractor's rates set forth herein. 2.30 Compliance with Laws Contractor shall comply with all applicable local, state and federal regulations and laws regarding the collection, transfer and disposal of Garbage, Recyclable Materials, and Compostable Organics pursuant to this contract. 2.31 Service Area The Contractor shall provide all services pursuant to this Contract within the City Service Area. 2.32 Carts and Containers. Contractor shall retain ownership of any Carts or other containers provided by Contractor in performing the services under this Contract. Cart deliveries (for new or replacement Carts) shall be subject to the service rate schedule in Exhibit B. Contractor shall deliver Carts necessary to meet the service requirements set forth under this Contract upon a delivery schedule to be mutually agreed upon by the contractor and the City. ARTICLE III - REPORTING REQUIREMENTS 3.1 Reporting Requirements The Contractor will be required to keep records and submit them to the City as specified below. The minimum reporting requirements set forth below are subject to modification, and shall include: 3.2 Annual Program Reports The Contractor shall submit Annual program reports for the length of the Contract period commencing upon the initial day of the Contract. These reports shall be completed by February 15 for the previous calendar year. The City may request program reports at any time during the calendar year but allowing the Contractor 30 days to prepare the reports. These reports shall clearly indicate individual totals for single family, multi-family and commercial collection. At a minimum, the reports PAGE - 13 shall include: a. Monthly summary of Recyclable Materials and Compostable Organics by tonnage, collected and recovered (not disposed of at landfill), by customer category. b. Residential Recycle participation (Count customers twice a year, April & October) c. Monthly summary of solid waste tonnage, by customer category. d. Customer complaint report, missed pick ups, missed deliveries, etc. 3.3 Monthly Program Reports The Contractor shall submit monthly program reports for the length of the Contract period commencing upon the initial day of the Contract. These reports shall be completed at the end of the month for the month prior. These reports shall clearly indicate individual totals for single family, multi family and commercial collection. At a minimum, the reports shall include: a. Monthly summary of recyclable materials and yard debris by tonnage, collected and recovered (not disposed of at landfill), by customer category. b. Approximate resident participation rates in terms of weekly and monthly set­ out counts. c. Total number of recycling bins that have been distributed to residents. d. Monthly summary of solid waste tonnage, collected and disposed of at a landfill, by customer category. 3.4 Contractor's Records; Access Inspection The City shall have the right to inspect and copy all books, records and documents, and to interview any person, and to review any evidence in Contractor's possession and control that may assist the City in determining whether the Contractor is in compliance with the Contract. ARTICLE IV INSURANCE AND SAFEGUARDS 4.1 Insurance General Requirements Subsequent to the award but prior to the execution of this Contract, the Contractor at its own expense shall obtain and file with the City a Certificate of Insurance evidencing general comprehensive liability insurance coverage (including all of the coverages set forth below). This Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages. All insurance shall be written on an occurrence basis. 4.2 Additional Insurance Contractor's liability insurance must specifically nameinclude a blanket the City as an additional insured endorsement thereunder and must fully protect the City from any and all claims, PAGE - 14 risks and losses in connection with any activities or omissions by the Contractor by virtue of this Contract. 4.3 Continuance Contractor's liability insurance must be maintained in full force and effect at the Contractor's sole expense for liability for property damage or personal injury that may occur in connection with activities or omissions by the Contractor arising under or related to this Contract. The City shall be given forty-fivethirty (4530) calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or modification of such insurance. 4.4 Endorsements Said insurance policy and/or an endorsement thereto, as evidenced by the Certificate of Insurance, must provide the following minimum coverages and limits and contain the following provisions: a. Bodily Injury b. Employees as Additional Insured c.b. Premises/Operations Liability (M&C) d.c. Products and Completed Operations Liability e.d. Blanket Contractual Liability f.e. Broad Form Property Damage Liability (including completed operations) g.f. Personal Injury with no employee exclusion h. Stop Gap or Employers Contingent Liability i. Automobile Liability, including coverage for owned, non-owned, leased or hired vehicles 4.5 Minimum Limits All Coverages: $1,000,000 per occurrence and $2,000,000 aggregate. The providing of coverage in this stated amount shall not be construed to relieve the Contractor from liability in excess of such limits. The City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. Contractor will assess its own risks and, if it deems appropriate and prudent, maintain greater limits. 4.6 Minimum Scope of Insurance Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 20 or a substitute form proving equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial general liability insurance shall be written on ISO occurrence for m CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. PAGE - 15 4.7 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII . 4.8 Contractor's Insurance Primary The Contractor's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 4.9 Performance Bond Contractor shall furnish to the City a proper performance bond to be approved by the City Attorney, conditioned that Contractor shall faithfully perform all the provisions and terms of the contract and related documents and pay all laborers, mechanics and subcontractors and material persons, and all persons who shall provide such Contractor with provisions and supplies for the carrying on of such work; which bond shall be signed by Contractor and two more good and sufficient sureties or with Surety Company as Surety, and shall be in the amount of One Hundred Thousand Dollars ($100,000.00). Said bond shall at all times be kept in full force and effect during the term of this Agreement. Contractor agrees to pay all costs, including attorney's fees, associated with the enforcement of said bond. 4.10 Indemnification The Contractor shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, or in connection with, or incident to, the execution of this Contract and/or the Contractor's performance or failure to perform any aspect of this Contract; provided, however, that if such claims are caused by or result from the concurrent negligence of the City its agents, employees, and/or officers, this indemnity provisions shall be valid and enforceable only to the extent of the negligence of the Contractor and provided further, that nothing herein shall require the Contractor to hold harmless or defend the City, its agents, employees, and/or officers for damages or loss caused by the City's sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 4.11 Waiver of RCW Title 51 With respect to the obligations to hold harmless, indemnify and defend provided for herein, as they relate to claims against the City, their officers, agents and employees, the Contractor agrees to waive the Contractor's immunity under industrial insurance , Title 51 RCW, for any injury, sickness or death suffered by the Contractor's employees which is caused by or arises out of the Contractor's exercise of rights of privileges granted by this agreement. This waiver is mutually agreed to by the parties . 4.12 Compliance Required Failure of the Contractor to fully comply with any and all of the terms of the foregoing PAGE - 16 insurance or bond provisions shall be considered a material breach of this contract and unless cured by Contractor within 7 days after written notification from the City, shall be cause for its immediate termination at the option of the City. ARTICLE V GARBAGE COLLECTION 5.1 Garbage Collection: Residential Garbage shall be collected by the Contractor, based on the frequency, service levels and rates set forth in Exhibit B. Commercial and Multi-family Garbage shall be collected by Contractor in accordance with the frequency, service levels and rates set forth in Exhibit B. Extra charges may be assessed for materials loaded so as to lift a Cart or Detachable Container lid in excess of six (6) inches from the normally closed position, at the rates listed in Exhibit B. Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all "extras." All "extras" shall be documented with a date and time stamped photograph. 5.2 Carts Residential Garbage will be collected in Contractor provided Carts or customer provided cans. Extra materials which do not fit neatly within the customer's primary Cart/can shall be collected for a fee as set forth in rate schedule and may be placed adjacent to the primary Cart/can in customer provided cans, bags, or other receptacles which can be safely collected by Contractor's personnel and equipment. All Multi-Family Garbage and Commercial Garbage will be collected in Contractor provided Carts or containers, and extra materials which do not fit neatly within the customer's primary Cart or container shall be collected for a fee as set forth in rate schedule and may be placed adjacent to the primary Cart or container in customer provided cans, bags, or other receptacles which can be safely collected by Contractor's personnel and equipment. Commercial customers may provide their own compactors or containers, provided such can be safely and effectively handled by Contractor’s personnel and collection vehicles. 5.3 Bulky Items and White Goods: Upon request from the City, the Contractor shall provide separate c ollection of bulky items and white goods on a call-in basis. Residents will be charged fees according Service Rate Fees in effect at the time of the request. ARTICLE VI - CITY CLEANUPS 6.1 Spring Cleanup The Contractor shall provide a city cleanup up to two times per year where customers are able to drop off items agreed upon between the City and the Contractor, in each case upon 30 days noticedays’ notice from the City. At each City cleanup day, contractor shall provide all necessary roll-off containers, equipment, and labor without charge to customers in the City. Roll-off Ccontainers shall be located at a place or places designated by the City. The contractor shall not receive additional compensation for cleanup days. The contractor shall collect a maximum of fifty PAGE - 17 (50) tons of solid waste per year (in the aggregate between the two events) at no cost to the customers or the City, and shall charge the City only the amount of disposal fee for solid waste in excess of 50 tons. ARTICLE VII - RECYCLABLE MATERIALS COLLECTION 7.1 General Recycling Provisions Residential Recyclable Materials pursuant to Exhibit D shall be collected every other week, on the same days as Garbage collection. The cost of Residential Recyclables collection shall be included the rates for Residential Garbage collection set forth in Exhibit B. Up to 64 gallons of extra Recyclables which do not fit within the Contractor provided Cart will be collected free of charge from Residential customers, but any additional materials shall be subject to the fees set forth in Exhibit B. Multi-Family Recyclable Materials shall be collected every other week. The cost of Multi - Family Recyclables collection shall be included the rates for Multi-family Garbage collection set forth in Exhibit B. Commercial and industrial customers may receive Recyclable Materials collection in roll-off containers or other commercial containers at a frequency and at rates as set forth under separate contract between the Contractor and the Customer. Recyclables in excess of the Cart(s) provided pursuant to Section 7.2. 7.2 Recycling Carts: Contractor will provide a 35-gallon cart or a 64-gallon cart to all Residential customers for Single Stream Recycling. The default Cart size shall be 64 gallons, unless a customer requests a different size. 96-gallon recycling carts may also be provided to Residential customers, upon request. Commercial and Multifamily Recycling shall be collected either in Carts or containers provided by Contractor, based upon the volume of service. Contractor will provide up to two (2) 96-gallon Carts at no additional charge to all Commercial customers who subscribe to garbage service. 7.3 Contamination: Materials set out by or on behalf of Customer may not contain non-recyclables and may contain no Excluded Materials. In the event materials set out do not meet Specifications, the materials may be rejected with notice to the Customer, or collected as garbage and Customer will be charged a contamination service charge as listed in Exhibit B. ARTICLE VIII - COMPOSTABLE ORGANICS COLLECTION 8.1 Compostable Organics Collection Compostable Organics shall be collected from Residential customers who choose to subscribe for such service, on weekly basis on the same days as Garbage collection, at the rates set forth in Exhibit B. All Residential customers who sign up for Compostable Organics collection will be provided a 96-gallon cart. Yard Waste and Food Waste may be commingled by Residential customers in the Compostable Organics collection Cart. Small Commercial and Multifamily PAGE - 18 customers may also participate in the Compostable Organics collection program, for the fees set forth in Exhibit B. Such Commercial and Multifamily customers shall be provided a 96-gallon Cart. 8.2 Contamination: Materials set out by or on behalf of Customer may not contain non-compostables and may contain no Excluded Materials. In the event materials set out do not meet Specifications, the materials may be rejected with notice to the Customer, or collected as garbage and Customer will be charged a contamination service charge as listed in ExhibitBin ExhibitB. ARTICLE IX - COMPENSATION 9.1 Contractor Rates The Contractor shall charge the rates set forth in Exhibit B, as adjusted over time under this Contract, for all services performed. The Contractor shall be responsible for billing and collecting funds from Residential, Multi-family, Commercial and Industrial customers in accordance with the charges listed in Exhibit "B" Service Rate Schedule. 9.2 CPI Adjustment Commencing on September 1, 2023 and on the same date annually thereafter (the "Adjustment Date"), the Contractor's collection service charges (excluding disposal fees) as set forth in Exhibit B - Service Rate Schedule, as adjusted hereunder, shall be adjusted by 100% of the annual percent change in the average Consumer Price Index for Urban Wage Earners and Clerical Workers: Water and sewer and trash collection services (“CPI”) as published by the Bureau of Labor Statistics, not seasonally adjusted for the 12-month period ending nearest, but at least sixty (60) days prior to the Adjustment Date. At least thirty (30) days prior to the Adjustment Date, the Contractor shall notify the City of the CPI adjustment to take effect on the Adjustment Date and shall provide the City with its computat ions therefor. Adjustments to Rates shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. In the event that the CPI decreases year- to-year, the collection service charges shall remain unchanged. 9.3 Other Solid Waste Collection Services. The Contractor may occasionally provide other services related to solid waste collection in the City not specifically provided for under Exhibit B of this Agreement. The Contractor shall notify the City and propose a customer rate for the service. Upon approval of the City, the Contractor may proceed to offer that service. 9.4 Pass Through of Disposal and Processing Fee Increases. Periodic adjustments shall be made to Contractor's collection rates to pass through any increase in fees for disposal of Solid Waste or any increase in fees for the processing of Recyclable Materials or Compostable Organics if such Recyclables or Compostable Organics are being processed at a t hird party facility not owned or operated by Contractor. 9.5 Costs of an Uncertain Nature The Contractor's service rates set by this Agreement are calculated to pay certain expenses PAGE - 19 and costs that are of a contingent and uncertain nature . Therefore, in addition to the annual CPI adjustment provided by Section 9.2, the Contractor's rates under this Agreement may, upon written request of Contractor or City, which shall not be unreasonably withheld, be further adjusted on an interim basis for increased or decreased expenses associated with performance of the services hereunder due to any one or more of the following causes: (a) material changes in Contractor's costs resulting from a Force Majeure event; (b) changes in the scope or method of services provided by Contractor, changes in the Franchise Fee, or other changes or fees required, initiated, or approved by the City; (c) any change in law, statute, rule, regulation, ordinance, order or requirement of any federal, state, regional or local government that is effective after the Effective Date of this Agreement; (d) a material increase in the volume of Solid Waste or Recyclable Materials or other materials collected by Contractor hereunder, whether caused by customer growth and/or annexation, or a material increase in the cost of diesel fuel; or (e) any other extraordinary circumstances or causes or reasons that are not within the reasonable control of Contractor. If Contractor or City requests an adjustment due to the extraordinary circumstances set forth above, Contractor or City shall prepare a rate adjustment request setting forth its calculation of the increased or decreased costs and accompanying rate adjustment necessary to offset such increased or decreased costs. The City or Contractor may request any and all d ocumentation and data reasonably necessary to evaluate such request by Contractor or City, and shall act within ninety (90) days of receipt of the request from Contractor or City to either approve or disapprove the request, provided that approval shall not be unreasonably withheld. 9.6 Changes in Recyclable Markets/Costs. In the event that a change in applicable law or a material change in market conditions occurs, including but not limited to lack of commercially reasonable market availability for a ty pe of processed Recyclable Material, changes in market specifications affecting the salability of a type of processed Recyclable Material, or changes affecting the recyclability or marketability of a type of processed Recyclable Material (each a “Material Change”), and such Material Change has the effect of materially altering the terms of this Agreement, or preventing or precluding compliance with one or more provisions of this Agreement, or preventing, precluding or substantially affecting the benefit(s) bargained for under this Agreement, including profits of Contractor, this Agreement shall be modified or suspended as may be necessary to comply with, ameliorate, or prevent the detrimental effects on the Agreement of, such Material Change. A party detrime ntally affected by a Material Change shall so notify the other party and request amendment to this Agreement accordingly, and the Parties shall engage in good faith negotiations regarding such amendments of this Agreement that reflect the extent to which t he provisions hereof have been, or should be, so modified or suspended. If a Material Change precludes or reduces any of Company’s Rates or other revenues, then the parties shall modify this Agreement in accordance with this provision in order that Contractor can achieve, on an ongoing basis, profits that existed immediately prior to the Material Change. PAGE - 20 ARTICLE X - BILLING SERVICES AND CUSTOMER EDUCATION 10.1 Contractor Billing Contractor shall be responsible for billing and collection of all charges, fees and taxes for the collection of Solid Waste, Recyclable Materials and Compostable Organics pursuant to this contract. Contractor shall also perform all customer service functions related to billing and responding to any customer inquiries. .If City ever levies a utility tax or other gross receipts tax, Contractor agrees to collect and remit such taxes to the City without any additional charge for the administrative expense incurred in collection and remitting such taxes. 10.2 Collection for Non-Payment. The Contractor may bill to customers a late payment fee, interest, NSF check charges, as well as all costs associated with bad debt collection. Contractor may suspend or terminate service to accounts that become more than sixty days past due, following fifteen days' written notice to the customer, and/or may place a lien upon the customer's property, in accordance with applicable law. If such service is reactivated, Contractor may charge a reactivation fee and/or m ay require a deposit from the customer. 10.3 Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may include, but not be limited to, repeated damage to Contractor -owned containers, repeated refusal to position Garbage, Recycling and Compostables Carts properly for automated collection, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated claims of Contractor damage to a Customer's property, or other such problems. The Contractor shall make every reasonable effort to provide service to those problem Customers. However, the Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits a written letter to the City appealing the Contractor decision, the City may, at its discretion, intervene in the dispute. In this event, the decision of the City shall be final. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 10.4 Promotion and Education The City shall have primary responsibility for developing, designing and executing general waste reduction/recycling public education and outreach programs, with the assistance and cooperation of the Contractor. The Contractor shall have primary responsibility for providing service - oriented information and outreach to Customers and implementing on-going recycling promotion, at the direction of the City. The Contractor shall maintain a complete list of all Multifamily complex and Commercial PAGE - 21 Customer sites within the City Service Area, and the status of each site's participation in Contractor­ provided services. The Contractor shall annually contact by mail the manager or owner of each site to encourage participation and inform the manager or owner of all available services and ways to decrease Garbage generation. Printed informational materials discussing waste prevention and recycling service options shall be prepared and distributed to support contact with Multifamily complex and Commercial Customer sites. This contact shall be coordinated with City and County promotional efforts. The Contractor shall include with its annual report the list of Multifamily complex and Commercial Customer sites; Garbage, Recycling and Compostables status; container sizes, service frequency, and types; Customer contact dates of such contacts; and suggestions for increasing participation or other program improvements. The Contractor shall keep the public informed of programs and encourage participation through an Annual Service Update. Each fall, the Contractor shall provide an Annual Service Update for each service sector, the format, content and timeframe of which sha ll be subject to prior review and approval by the City. The Annual Service Update shall be mailed to all Customers and, at a minimum, shall include an informational brochure indicating rates, all services available, preparation and other service requirements, contact information, inclement weather and other policies, a collection calendar and other useful Customer information. The Contractor shall develop, print, periodically update and maintain sufficient quantities of new Customer information materials, the format and content of which shall be subject to prior review and approval by the City. Upon approval, materials shall be mailed to every new Customer prior to the Customer's first billing and shall, at a minimum, include a statement of applicable rules and service policies, rates, services and preparation requirements, collection days in calendar format, Contractor customer service information and City contact information. The Contractor shall permit the City to insert, at no charge, single -sheet information bulletins into Customer bills three times per year. When the insert is beyond one page and increases Contractor cost, the City shall pay the incremental difference. The City shall work cooperatively with the Contractor for timely inclusion of such materials. In addition, the Contractor agrees to facilitate up to four (4) classroom workshops or lunchroom waste audits per calendar year for grades K-12, upon a request by the City. The Contractor agrees to provide recycling education resources to community groups and local elementary schools, upon the City’s request, at no cost to the City. ARTICLE XI - DEFAULTS 11.1 Termination The failure of Contractor to comply with the material terms of this Contract within ten (10) days after having received written notice by certified mail, return receipt requested, at its mailing address from City, and a thirty (30) day opportunity to cure such defects, shall constitute grounds for termination of the Contract at the option of the City. PAGE - 22 11.2 Liquidated Damages As a breach of the service provided by this Contract would cause serious and substantial damage to City and its residents, and the nature of this Contract would render it impracticable or extremely difficult to fix the actual damage sustained by City by such breach, it is agreed that in case of breach of service, City may elect to collect liquidated damages for each such breach and Contractor shall pay City as liquidated damages and not as penalty, the amount set forth below, such sums being the amount which City will be damaged by the breach of such services. An election to seek such remedy shall not be construed as a waiver of any remedies City may have as to any subsequent breach of services under this Contract. Missed collection that is not collected within a 24 hour period after being notified , a $50.00 per incident to a maximum of $500 per truck per day. The number of trucks is determined by the average number of trucks for the previous month, prior to the event. A truck making Residential collection prior to 7:00 a. m, or after 6:00 p.m. without city approval per day…….$50.00 Repetition of Complaints on a route after notification to replace can or detachable container in designated locations, spilling, not closing gate, crossing planted areas, or similar violations...........$25.00 Landfilling or burning uncontaminated Recyclable Material without the express written consent of the Contract Administrator per vehicle no maximum................$25.00 Liquidated Damages will be reasonably applied and may be levied only if documented in an incident report presented by the City to the Contractor. The Contractor shall be notified and provided a copy of an incident report and shall be given 24 hours to cure the problem (if applicable) before Liquidated Damages are invoiced to the Contractor, except in the case of incidents for which, due to the nature of the event, a "cure" is not possible. Such liquidated damages as City shall elect to collect shall be billed to Contractor and be paid within twenty thirty (2030) days. Application of these damages may be appealed within ten (10) days by Contractor to the Contract Administrator, whose decision shall be final. Pursuant to Section 13.8 of the Contract, labor disturbances, such as strikes and lockouts, which are not reasonably within the control of the party affected are Force Majeure events. However, notwithstanding Section 11.2 the City may assess the first liquidated damage item listed above for missed collections due to labor disturbance Force Majeure events if make-up collections are not performed within seven (7) days from the 24-hour make-up collection deadline. ARTICLE XII - ANNEXATION PAGE - 23 12.1 Franchise Rights/ Annexations If, during the term of this Contract, additional territory is added to the City through annexation or other means and the Contractor has an existing WUTC certificate or other franchise for collection at the time of annexation, the Contractor agrees by acce pting this Contract from the City, that the certificate or franchise applicable to the annexed areas shall be deemed canceled on the effective date of the annexation. The Contractor shall continue to service the newly annexed areas under the terms and conditions set forth in this Contract. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their certificate applicable to those annexation areas shall be cancelled effective the date of annexation by the City. The Contractor expressly waives and releases its right to claim any damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. The term during which the Contractor will service any future annexation areas shall be ten (10) years, notwithstanding the term set forth in Section 1 of this Agreement. ARTICLE XIII - MISCELLANEOUS 13.1 Non-Waiver The failure of any party to enforce any contract provision is not and shall not be construed as a waiver of that provision. The payment or acceptance of compensation subsequent to any breach is not and shall not be construed as an acceptance of that breach. All waivers must be in writing. 13.2 Notices Any notices to be sent to the City of Arlington shall be sent to the Contract Administrator at the following address: Public Works Director City of Arlington 238 N Olympic Arlington, WA Any notices sent to Waste Management of Washington, Inc. shall be sent to: Area Director Public Sector Solutions 720 4th Ave, Suite 400 Kirkland, WA 98033 Copy to: Area Legal Counsel 720 4th Ave, Suite 400 Kirkland, WA 98033 PAGE - 24 13.3 Severability If any provision of this Contract is held to be void, invalid or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties. 13.4 Entire Agreement This Contract constitutes the entire agreement between City and Contractor, and there are no promises, conditions, terms, obligations, statements, or guarantees other than those contained herein. No modifications or amendments shall be valid unless in writing and fully executed by both parties. 13.5 Attorneys' Fees In the event of any action or proceeding to enforce, interpret, construe, or otherwise resolve a dispute between the parties arising from any term, condition or provision of this Contract, the prevailing party in such action or proceeding shall be entitled to recover, in addition to all other relief, from the other party, reasonable attorneys' fees incurred by the prevailing party in connection with such action or proceeding, including but not limited to any appeal thereof. 13.6 Change in Rate or Service Contractor shall give (30) days written notice to the Contract Administrator of any change which affects the date of collection and (60) days written notice for a change in rate providing that no change in the terms of this Agreement may be made unless agreed to in writing by the Contract Administrator. 13.7 Assignment This contract may not be assigned or transferred by Contractor, nor shall Contractor subcontract any part of this Contract, without the prior written consent of the City Council, as evidenced by a City Resolution and the signature of the Mayor. The City ma y withhold its consent to assignment or transfer of this Contract at its sole, subjective discretion. In the event of an unauthorized assignment or transfer, the City reserves the right to cancel the Contract. Notwithstanding the foregoing, Contractor may assign this Agreement to another subsidiary or corporate affiliate of Contractor. 13.8 Force Majeure Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if Contractor's performance is prevented or delayed by Force Majeure. For purposes of this Agreement, the term Force Majeure shall mean any acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public riots, explosions, pandemics, or disposal site, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of the party affected by the Force Majeure event. 13.9 Applicable Law/Venue This Contract shall be governed by the laws of the State of Washington. Venue for any action hereunder shall be in SNOHOMISH County Superior Court. PAGE - 25 13.10 Independent Contractor The parties agree and acknowledge that Contractor is an independent Contractor and not an agent or employee of the City, and that no liability shall attach to the City as a result of the acts or omissions of Contractor, its employees, agents, or assigns. Contractor shall have no authority to execute agreements or to make commitments on behalf of the City, and nothing contained in this Contract shall be deemed to create the relationship of employer and employee or principal and agent between the City and Contractor . 13.11 Subcontracting The parties intend that Contractor shall perform pursuant to the terms of this Contract with its own employees. However, in the event any incidental subcontractor services are necessary, Contractor agrees to be responsible for the standards of performance of any subcontractor. Contractor agrees that no subcontractor shall relieve Contractor of any obligations under this Contract. 13.12 Taxes and Fees Contractor acknowledges that it is responsible for the payment of any local, state, or federal taxes or fees with respect to Contractor's agents and employees, and any taxes or licenses applicable to Contractor's business activity. 13.13 Insolvency; Right to Terminate Contract In addition to other terms of this Contract, any or all of the following shall be considered events of default of this Contract, allowing the City to terminate the Contract if such events are not cured within 10 days of written notice: a) if Contractor petitions any court to be adjudged a bankrupt; b) if a petition in bankruptcy is filed in any court against Contractor; c) if Contractor is adjudged to be insolvent; d) if Contractor is adjudged to be bankrupt; e) if a receiver or other officer is appointed to take charge of the whole or any part of Contractor's propert y or to wind up or liquidate its affairs; f) if Contractor seeks reorganization under the Federal Bankruptcy Code, as amended; or g) if Contractor admits in writing its inability to pay its debts as they become due. 13.14 Reservation of Municipal Authority The City specifically reserves the right to enact general municipal ordinances and resolutions affecting all businesses and persons in the City. 13.15 Successors and Assigns This Contract shall be binding upon the parties and their successors and assigns. 13.16 Corporate Authority Each individual executing this Contract on behalf of a corporation represents and warrants that he/she is duly authorized to execute and deliver this Contract on behalf of the corporation. 13.17 Dispute Resolution In order to have a administrative mechanism for promptly mediating customer complaints regarding billing for or the collection of garbage, recyclable materials, or yard debris, the City and the Contractor agree as follows: 1) the Contractor shall first make a good faith eff ort to resolve a PAGE - 26 customer's complaint; 2) in the event the customer is not satisfied with the Contractor's resolution, the complaint shall be forwarded to the Public Works Director who shall resolve the complaint after discussing the matter with the customer and the Contractor. Agreed to as of this day of , 20192022. City of Arlington Waste Management of Washington, Inc. By: ____________________________________ By: _________________________________ Attest: By: ____________________________________ Approved as to Form: By: ____________________________________ EXHIBIT A LIST OF CITY FACILITIES LOCATION ADDRESS ACCT # 1. AIRPORT OFFICE 18204-59TH. DR. N.E. 215-9649 2. COMPOST FACILITY 19503-63RD. AVE. N.E. 215-11561 3. CEMETERY 20310 - 67TH AVE. N.E. 215-9176 4. COMMUNITY ROOM 18513 - 59TH AVE. N.E. 215-9083 5. FOOD BANK 19118 63RD AVE NE 215-14618 6. LIBRARY 135 N. WASHINGTON 215-9019 7. CITY SHOP ROLL-OFF 6205-188TH. PL. N.E. 215-9482 8. CITY SHOP SMALL DUMPSTERS 6205-188TH. PL. N.E. 215-9055 9. FIRE STATON 46 137 N. MCLEOD 215-9059 and 215-9620 10. FIRE STATION 47 6231-188TH. ST. N.E. 215-9191 and 215-9640 11. FIRE STATION 48 18824 SMKY PT. BLVD #104 215-11320 12. CITY OF ARLINGTON 816 WEST AVE 215-9168 13. CITY OF ARLINGTON 18722 59th AVE NE 215-12902 14. CITY OF ARLINGTON 18204 59TH AVE NE 215-14454 15. CITY OF ARLINGTON 505 E 3RD ST 215-18587 16. CITY OF ARLINGTON B&G CLUB 18513 59TH AVE NE 215-9660 17. CITY OF ARLINGTON CITY HALL 238 N OLYMPIC AVE 215-8972 18. CITY OF ARLINGTON SEWAGE PLANT 154 W COX AVE 215-9100 LIST OF CITY EVENTS 1. EAGLE FESTIVAL 2. ARLINGTON FLY-IN 3. ARLINGTON STREET FAIR EXHIBIT B SERVICE RATE SCHEDULE EXHIBIT C WASTE MANAGEMENT’S CONTINGENCY PLAN FOR THE CITY OF ARLINGTON Service Disruption Living in the Pacific Northwest can bring its different challenges. Waste Management’s goal is to provide a fluid plan that can adapt to the occasional snow, wind and large weather events. This is not limited to just to the weather events. Temporary Collection Schedule To accommodate the impact of any service disruption, we will prioritize collection efforts (subject to Section 11.2) to ensure services critical to human health and the environments are provided in an orderly and predictable manner. This prioritized collection plan ensures solid waste collection services are uninterrupted for hospitals, nursing homes and other “critical” facilities. After accommodating critical accounts, our next focus area is collecting garbage from commercial accounts. This line of business typically generates significant tonnage. Moreover, it can be difficult for businesses to wait until the following regular pick-up day. Following the restoration of garbage collection for commercial accounts, we will resume residential garbage service. Any missed accounts will receive “double service” on their next regularly scheduled service day at no extra charge. Here is our collection hierarchy used during service disruptions: In the event there is a weather disruption, we will contact the City in the early morning to notify the key contact of which routes we are not able to service. In addition, we will keep in close contact with the City throughout the day as the weather changes. In the unlikely event a residential service disruption extends into a second week, we will deploy drop-off locations where it is safe for customers to drop off their materials. Temporary Collection sites In the event we enter our second week of missed collection, we will locate a truck and driver at the following locations:  816 Haller Ave  17020 Smokey Point Blvd  20015 67th Ave NE  6600 172nd Street NE The driver at these locations will collect bags of garbage from customers at no charge to the customer. Waste Management will not be able to take large items at these drop sites. Once the service disruption is resolved we will collect all three lines of business starting with the critical sites. Public Education Customer awareness of changes to the solid waste collection schedule is an essential aspect of our planning effort. We have found customers are more accepting of the inconvenience of service interruptions if they clearly understand when collection services will occur. Our communication strategy will include multiple outreach methods: Regional Public Information Network (RPIN) and Local Press We regularly post service delays on RPIN. Additionally, we notify local news outlets of service advisories. Web-based Information In all media advisories, press releases and interviews, we will encourage customers to visit our local website (www.wmnorthwest.com) where they will find continuously updated information on collection services for their community. Outbound Call Services An effective tool we utilize is targeted, automated outbound calls to individual customers throughout the day and early evening. Waste Management can send prerecorded messages, tailored to each city or service area, to thousands of customers within minutes. This allows us to blanket our service area with updated collection information quickly. Call Center Staffing A service disruption may create a significant influx of calls to our regional Customer Service Center. To alleviate this inbound pressure, customer service representatives’ work hours may be extended, including extended Saturday hours. Additionally, our state-of-the-art system allows us to activate resources from other Waste Management Customer Service Centers. Using web-enabled technology, trained customer service staff in other areas can assist local Puget Sound customers. This redundancy is part of our emergency preparedness protocol. Callers will be encouraged to use Waste Management’s local website (www.wmnorthwest.com), where collection information will be updated throughout the day. City Resources Waste Management will work with the City to communicate through City and County websites, cable TV or other available media. Conclusion Our commitment to you requires a diligent approach to contingency planning. We are prepared for the possibility of an interruption in our regular service. We will do all we can to minimize the impact on the local communities we serve. EXHIBIT D - RECYCLABLE MATERIALS MATERIAL TYPE DESCRIPTION PREPARATION INSTRUCTIONS EXCLUSIONS Glass  Food or beverage containersBottles and jars Remove lids; empty of all food or liquids. Labels do not need to be removed. Leaded glass: windows, mirrors, baking dishes, storage dishes, ceramic, plates, glassware, storage/canning jars. Paper  Office paper, copy paper, construction paper  Newspaper and paper inserts  Magazines and paper inserts  Catalogs  Cardboard  Mail and paper inserts  Envelopes  Paper bags  Cereal, cookie and cracker boxes  Paper towel tubes  Toilet paper tubes  Tissue boxes  Non-foil wrapping paper  Kraft paper bags or boxes Remove plastic bags (exterior or interior), plastic packaging, metal, electronics, magnets, twine, straws, lids and any food or liquids. Must be dry. Plastic windows in paper envelopes okay. Shredded paper; paper envelopes with bubble wrap liners, insulation liners or envelopes made from plastic (Tyvek); laminated paper, stickers, labels, photos, carbon paper, receipts, paper affixed to magnets; wax or poly-coated cups, cartons, or aseptic containers; pet food bags; mixed material bags; wet or soiled paper; paper with large amounts of paint or glue. Cardboard  Cardboard boxes  Cardboard packaging  Cardboard beverage ‘flats’ or nursery ‘flats’ Flatten all cardboard. Remove all interior packaging, block foam, packing peanuts and exterior plastic wrap. Do not bundle with tape or twine. External tape okay. Oversized cardboard can be placed next to card/container. Must be dry. Waxed cardboard, wet cardboard Metal  Tin, aluminum and steel food or beverage containers Remove all exterior packaging; remove Remove lids; empty of all food or liquids. Labels do not need to be removed. Aluminum foil and trays; sharp or greasy metal; batteries; propane tanks, microwaves; electrical cords; cell phones; car snow chains. Empty aAerosol cans, Metal appliances Plastic  PET/PETE bottles (#1 plastic)  HDPE bottles/jugs (#2 plastic)  Dairy tubs, e.g. butter, yogurt, cottage cheese (#5 plastic)All plastic bottles, jugs and tubs Plastic bottles with plastic screw-on lids are okay if lids are screwed back on, remove all other lids; remove straws; empty of all food, liquids or other debris. Labels do not need to be removed. #3, #4, #6 & #7 plastics, plastic bags, plastic cups, plastic film; plastic bottles that contained HHW listed materials; deli, bakery and produce clamshell containers; loose lids – any size; plant trays; PVC; large rigid plastic (outdoor furniture, laundry baskets, swimming pools, toys, etc.); hoses; landscaping/sprinkler tubing. Contractor reserves the right, upon notice to City, to reclassify Recyclable Materials as non-Recyclable Materials for such period of time that the cost to process, transport and market such materials exceeds its then-current value. EXHIBIT E – AIRPORT STORAGE MAP City of Arlington Council Agenda Bill Item: #3 Attachment C south side of SR-531 before the SR-531 widening project started. The City later entered into a partnership with the Outpost and Smokey Point developer for mutual work on the design and installation of trunk infrastructure to serve the South CIC area and his development (Amendment #1). Per the partnership, the City would design the needed trunk infrastructure improvements and the developer would construct. There were various design changes to accommodate the developer’s final site development and the construction of the new sanitary sewer lift station (LS-16) has more risk than the developer is comfortable with. The developer asked the City to take over the lift station construction portion of the project which requires the LS-16 construction documents be elevated to a “Public Bid” level (Amendment #2). - - City of Arlington Council Agenda Bill Item: #3 Attachment C 20-2778 MURRAYSMITH Amend No. 3 - CIC Utility Improvements May 2022 City of Arlington - 1 EXHIBIT A-1 Amendment No. 3 To the Scope of Services Cascade Industrial Center Utility Improvement Project City of Arlington Project Background Murraysmith, Inc. (Murraysmith) is under contract with the City of Arlington (City) to provide engineering services for the Cascade Industrial Center Utility Improvement Project. Additional Services Murraysmith developed this scope of services and fee estimate based on requested additional engineering services per discussions with City staff. The additional services are for electrical engineering and engineering services during construction that was not captured in previous amendments for this project and for additional project management, bidding assistance and removal of sewer system modeling work. The total for these additional services is $5,244, per the Cost Summary in Exhibit B-1. Additional engineering services include the following tasks. Task 101 – Additional Project Management Subtasks 101.1 Project Status Reporting 12 months additional project schedule is anticipated (June 2021 through June 2022). Amendment #2 provided PM support through May 2021. Additional status reports of work activities, data needs, and issues requiring City input through as-needed project status e-mails and phone calls to City Project Manager. 101.2 Staff Management 12 months additional project schedule is anticipated (June 2021 through June 2022). Amendment #2 provided PM support through May 2021. Additional management of project staff to ensure all services are in conformance with the scope of services, budget, and schedule. 20-2778 MURRAYSMITH Amend. No. 3 - CIC Utility Improvements May 2022 City of Arlington 101.3 Invoices and Budget Oversight 12 months additional project schedule is anticipated (June 2021 through June 2022). Amendment #2 provided PM support through May 2021. Additional project cost monitoring and budget management, including preparation and submission of monthly invoices and progress reports. No changes are anticipated for Murraysmith Deliverables, City Responsibilities or Assumptions for Project Management tasks from the original scope of services. 102.6 Project Management Meetings Two additional meetings with City Project Manager and/or Developer to discuss project. Task 202 – Preliminary Design Subtasks 202.2 Lift Station 12 – Downstream Evaluation City has requested removal of work for this task from the original scope of services. Evaluation of downstream impacts at existing lift station 12 and development of brief technical memorandum will not be completed by Murraysmith. 202.3 Lift Station 12 – Downstream Evaluation Supplement City has requested removal of work for this task from the original scope of services. This work was included as part of Amendment #2. Updates to the City’s SewerCAD model will not be updated by Murraysmith. Task 205 – Additional Bidding Assistance This task will include supporting the City on an as-needed basis in providing assistance during bidding of the utility crossings of SR 531, Phase 2, portion of the project. Activities 205.1 Bidder Inquiries With direction from the City, respond to questions from bidders, subcontractors, equipment suppliers and other vendors regarding the project plans and specifications. Maintain a written record of communications during bidding process. 205.2 Addenda Assist the City in the preparation of any addenda as necessary to clarify the contract documents. 20-2778 MURRAYSMITH Amend. No. 3 - CIC Utility Improvements May 2022 City of Arlington Murraysmith Deliverables 1. Written responses to bidder’s questions as required. 2. Draft addenda as required for the City to distribute to plan holders. City Responsibilities 1. The City will be responsible for tasks associated with printing bid documents, document distribution, bid advertisement, addenda distribution, plan holder administration, bid evaluation, bid tabulation, etc. Assumptions 1. Murraysmith’s support services during bidding will be performed up to the extent of the fee estimate. 2. Up to three (3) responses to bidder inquiries will be prepared for the project. 3. Up to two (2) draft addenda will be prepared for the City. Task 210 – Additional Subconsultant Services Subtasks 210.1 Electrical Engineering (Industrial Systems) Industrial Systems (IS) is providing electrical engineering design services in support of the design of Lift Station 16 (LS16) including electrical and I&C engineering plans, specifications, and cost estimates for the 90% and 100% design submittals and electrical and I&C support services during construction. The additional services include: 1. Additional design engineering necessary to split the LS16 design into two contracts, requiring detailed and dimensioned plan drawings for conduit installation which is not customarily provided but was necessary due to the anticipated sequencing of construction. Other work also includes additional coordination with Murraysmith, City and Developer, additional drawings, additional specifications for underground electrical work only, and additional equipment research and power utility coordination. 2. Additional other work includes electrical engineering services during construction for submittal and request for information (RFI) reviews. Task 211 – Lift Station 16 Additional Engineering Services This task includes supporting the City on an as-needed basis in providing assistance during construction of Lift Station 16. 20-2778 MURRAYSMITH Amend. No. 3 - CIC Utility Improvements May 2022 City of Arlington Activities 211.1 Engineering Service During Construction Provide engineering services to update the sewer collection system planning for the project based on City provided revisions to sewer locations and elevations based on new information for adjacent developments. Murraysmith Deliverables 1. Amendment Technical Memorandum Cost Summary The Cost Summary (attached) is provided as Exhibit B-1 and is based on 2022 rates. EXHIBIT B-1 AMENDMENT NO. 3 CASCADE INDUSTRIAL CENTER UTILITY IMPROVEMENTS PROJECT CITY OF ARLINGTON PROPOSED FEE ESTIMATE ESTIMATED FEES Principal Engineer VI Principal Engineer IV Professional Engineer VIII Professional Engineer IV Technician IV Administrative III Administrative I Hours Labor Elec/I&C Task 101 - Project Management (Additional) Task 101.1 - Project Status Reporting 6 6 377$ -$ -$ 377$ Task 101.2 - Staff Management 12 12 754$ -$ -$ 754$ Task 101.3 - Invoices and Budget Oversight 12 12 2 26 1,266$ -$ -$ 1,266$ Task 101.6 - Project Management Meetings 4 4 251$ -$ -$ 251$ Task 101 Subtotal 0 0 34 0 0 12 2 48 2,648$ -$ -$ -$ 2,648$ Task 202 -Preliminary Design (Removed)-$ Task 202.2 -Lift Station 12 - Downstream Evaluation 0 (3,469)$ -$ (72)$ (3,541)$ Task 202.3 -Lift Station 12 - Downstream Evaluation Supplement 0 (1,190)$ -$ (36)$ (1,226)$ Task Task 202 - Subtotal 0 0 0 0 0 0 0 0 (4,659)$ -$ -$ (108)$ (4,767)$ Task 205 - Bidding Assistance (Additional) Task 205.1 - Bidder Inquiries 2 4 2 8 490$ -$ 490$ Task 205.2 - Addenda 1 3 4 2 2 12 579$ -$ 36$ 615$ Task 205 Subtotal 0 3 7 6 2 0 2 20 1,069$ -$ -$ 36$ 1,105$ Task 210 - Subconsultant Services (Additional) Task 210.1 - Electrical/I&C (Industrial Systems)0 -$ 6,887$ 6,887$ -$ 6,887$ Task 210 Subtotal 0 0 0 0 0 0 0 0 -$ 6,887$ 6,887$ -$ 6,887$ Task 211 - Lift Station 16 Engineering Services During Construction Task 211.1 - Lift Station 16 - Engineering Services During Construction 4 2 1 7 477$ -$ -$ 477$ Task 211 Subtotal 0 4 2 1 0 0 0 7 477$ -$ -$ -$ 477$ TOTAL - ALL TASKS - 7 43 7 2 12 4 75 (465)$ 6,887$ 6,887$ (72)$ 6,350$ Subtotal Direct Salary Cost (DSC) - 542 2,701 294 89 456 114 $ (463) Total Labor Cost (Overhead on DSC), 202.74% - 1,641 8,177 890 269 1,380 345 $ (1,403) Total Fee (Total Labor Cost), 12% Profit plus Expenses - 1,838 9,158 997 301 1,546 386 $ (1,571) $ 6,887 $ (72) $ 5,244 Total Fee $ 5,244 Subconsultants Subconsultant Total Expenses Total City of Arlington May 2022 Murraysmith Amendment No. 3 - CIC Utility Improvements Page 1 City of Arlington Council Agenda Bill Item: #4 Attachment D June 13, 2022 SUBJECT: Personnel Policy Update ATTACHMENTS: Policy Update DEPARTMENT OF ORIGIN Administration – Paul Ellis EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: Update the City’s Policy 504 to add Juneteenth as a paid city holiday. HISTORY: In May of 2021, Governor Inslee added Juneteenth as a state holiday. Following that, Juneteenth was added to both the city’s collective bargaining agreements as a paid holiday. This update of the City’s Personnel Policy 504 will add Juneteenth as a paid holiday for non-represented staff. ALTERNATIVES: RECOMMENDED MOTION: motion will be: “I move to approve the modification of City Policy 504 to add Juneteenth as a paid City Holiday.”   54   POLICY 504 - HOLIDAYS The City of Arlington designates and observes certain days each year as holidays. Eligible employees will be given a day off with pay for each holiday observed. The City of Arlington observes the following holidays (8 hours each) per calendar year: New Year’s Day January 1st Martin Luther King Day 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th1 Independence Day July 4th Labor Day 1st Monday in September Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving Friday after Thanksgiving Christmas Day December 25th 2 Floating or Personal Holidays See Below Employees may select two (2) floating/personal holidays each year with the approval of their supervisor. On January 1 st of each, 16 hours are added to an employee’s record. Floating holidays are to be used in eight hour increments. Employees hired after June 30th will receive one (1) floating/personal holiday for that year. Floating/personal holiday hours are not carried over from one year to the next. At the end of the year, unused hours are forfeited. Full-time employees are eligible to receive their regular rate of pay for each observed holiday. Temporary and seasonal employees are not eligible to receive holiday pay. A holiday that occurs on a Saturday will be observed on the preceding Friday. A holiday that occurs on a Sunday will observed the following Monday. Shift workers observe holidays on the actual day it occurs. If a holiday occurs during an employee’s vacation period, the employee will be required to record the day as holiday pay on their timesheet. Those employees that work shifts other than eight (8) hours will be required to use accrued vacation hours. When an employee’s regularly scheduled day off is the day the holiday is observed, the employee shall schedule and take another day off by the end of the next pay period. Employees not on-call and required to work on a holiday because of City needs shall be paid two times their regular rate of pay for all hours worked. The City of Arlington recognizes that some employees may wish to observe, as periods of worship or commemoration, certain days that are not included in the City of Arlington’s regular holiday schedule. Employees may use personal holidays or accrued vacation for these occasions.   1 For purposes of implementation of Juneteenth in 2022, Non‐Represented staff will be granted an additional floating  holiday for use in 2022 and shall timesheet the observed Juneteenth holiday on June 20, 2022, if not worked, as a  floating holiday. Juneteenth shall be recorded on employee timesheets as a regular holiday for all staff thereafter.  City of Arlington Council Agenda Bill Item: #5 Attachment E COUNCIL MEETING DATE: June 13, 2022 SUBJECT: Modification to Salary Schedule for Non-Represented Employees for 2022 ATTACHMENTS: None DEPARTMENT OF ORIGIN Administration/HR; Administrative Services Director, James Trefry – 360-403-3443 EXPENDITURES REQUESTED: BUDGET CATEGORY: Information Technology (IT) LEGAL REVIEW: DESCRIPTION: Information Technology (IT) and Human Resources are requesting a revision to the 2022 Non-Represented pay plan to add the new classification of Information Security Compliance Manager, in a pay grade “O”. It is also proposed it change the pay grade assignment of the IT Director classification from “P” to “Q”. The unused IT Manager classification is proposed to be deleted from the salary schedule. There is no requested change to the 2022 budget allocation for Information Technology. In the amended budget adopted in 2021 for 2022, an additional Systems Administrator II position was funded. It was subsequently determined that a different position with different No action requested, presented for Council Workshop discussion only. At the next Council Meeting the motion will be: “I move to approve the modification to the Salary Schedule for Non-Represented Employees for 2022, to be effective July 1, 2022.” HR Approved: 5/2022 CITY OF ARLINGTON JOB DESCRIPTION Title: Information Security and Compliance Manager FLSA: Exempt Union: Non-Represented Reports to: Director of Information Technology Definition Under the leadership of the Director of Information Technology (IT), this individual is responsible for implementing and maintaining security programs, policies and procedures that address IT risk and security requirements for the City of Arlington and shall be the designated IT Security Officer for the City, ensuring that all security best practices are being performed and any potential IT security threats are mitigated. This individual will also act in the roles of Network and System Administration as needed to help support the needs of the department. Supporting the rest of the Information Technology Team in non-Network Tier 1, 2 and 3 as required by circumstance and is a key component of this position. This individual shall provide training and mentoring to other IT team members in their area of responsibilities and expertise. This individual shall be part of the IT Department management team and shall fill in for the Director of Information Technology in his/her absence. Participation in the after-hours on-call rotation is required. Essential Job Functions:  Provide leadership, direction and guidance in assessing and evaluating information security risks and monitor compliance with security standards and appropriate policies.  Create the framework for information security governance and compliance in consultation with all the leadership team and other stakeholders.  Assist the Director of IT in the development of the budget and short and long‐range goals and objectives, as required.  Develop and maintain computer related policies and procedures; propose changes to existing policies and procedures to ensure operating efficiency and compliance.  Perform risk assessments/audits and execute tests of data processing system to ensure functioning of data processing activities and security measures.  Monitor and remediate vulnerability scan results to ensure security vulnerabilities are addressed.  Assess, evaluate and make recommendations to the Director of IT regarding the adequacy of the security controls.  Develop disaster recovery/contingency plan and security plan; document computer security and emergency measures policies, procedures, and tests.  Monitor and report on violations of computer security procedures; discuss enforcement procedures with the IT Director to ensure violations are not repeated.  Monitor, maintain and update virus protection software.I  Maintain Internet filtering software.  Monitor Internet usage and firewall activity. HR Approved: 5/2022  Confer with users to discuss issues such as computer data access needs, security violations, and least privilege changes.  Train users and promote security awareness to ensure system security and to improve server and network efficiency.  Research, evaluate, design, test, recommend or plan the implementation of new or updated information security hardware or software; analyze its impact on the existing environment; provide technical and managerial expertise for the administration of security tools.  Consult with IT staff to ensure that security is factored into the evaluation, selection, installation and configuration of hardware, applications and software.  Coordinate and maintain software licensing agreements.  Keep abreast of information security issues and regulatory changes.  Schedule third party Critical Infrastructure Security needs assessments, audit and assessments.  Engage in professional development to maintain continual growth in professional skills and knowledge essential to the position.  Perform other duties and related work as required. Required Knowledge, Skills and Abilities  Understand project management methods, tools, and principles for managing, scheduling, developing, and coordinating projects, including monitoring costs, work, and performance.  Assist in IT infrastructure planning and development and align technical and business needs.  Oversee, design, build and manage systems/network contracts.  Understand complex IT security practices and terminology.  Assist with training, supervising and evaluating assigned personnel.  Communicate effectively both orally and in writing; comprehend and use English effectively including producing all forms of communications in a clear, concise, and understandable manner to intended audiences.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; work independently with little or no direction, set priorities and meet critical time deadlines.  Operate modern office equipment including personal computer equipment using standard or customized software application programs appropriate to assigned tasks.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.  Solid System administration skills in Microsoft products, including current versions of Windows, Office, Exchange, and SQL.  Hyper-converge experience, with a preference in Nutanix HCI.  Strong networking abilities in a LAN/WAN environment.  Proficient in the following technologies: o Palo Alto Firewall and endpoint protection o SIEM products such as Arctic Wolf or Dragos o HP/Aruba Switching ● Strong networking abilities in a LAN/WAN environment. HR Approved: 5/2022 ● Skillful in the following technologies: ● Mobile devices ● Cloud computing ● Virtual environments ● Software lifecycle ● VOIP telephony ● Ability to handle multiple jobs at one time and be able to work under pressure. ● Ability and desire to learn new skills quickly. ● Ability to organize and apply logic. ● Ability to handle confidential material. ● Strong public speaking skills. ● Requires ability to sit and operate and keyboard for extended periods of time. ● Requires ability to lift up to fifty (50) pounds, to climb ladders and to crawl, twist, and pull. ● Requires dexterity of hands and fingers to operate computer equipment; visual acuity to observe equipment operation and hearing and speaking to exchange information. Qualifications:  U.S. Citizen or legally eligible to work in the United States.  Bachelor’s degree in computer information systems, management information technology, with an emphasis in business administration or closely related technical field;  Ten (10) years of increasingly responsible experience in information technology, to include three (3) years of experience managing an IT operation with staff supervisory responsibilities;  Five (5) years of hands-on experience with IT security monitoring and assessment tools;  Advanced proficiency in Microsoft Office Word, Excel and PowerPoint, and proficiency at an intermediate level in Microsoft Windows, Microsoft Edge, Outlook and Visio.  Or an equivalent combination of education and experience that would provide the necessary knowledge, skills, and abilities to successfully perform the essential functions of the job.  Must possess a valid Washington State Driver’s License, or ability to obtain, and a driving record acceptable to the City.  Upon an offer of employment, other examinations will include, but are not limited to, a complete background investigation including criminal history with fingerprinting and driving record. Preferred Qualifications: ● CISSP ● NET+ / SEC+ Certifications ● MCSE or MCSA ________________________________________________________________________________________ The statements contained herein reflect general details as necessary to describe the principal functions of this job, the level of knowledge and skill typically required, and the scope of responsibility, but should not be considered an all-inclusive listing of work requirements. Individuals may perform other duties as assigned including work in other functional areas to cover absences or relief, to equalize peak work periods, or otherwise to balance the workload. 0.03 Pay Spread between Grades Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 A Seasonal Maintenance Laborers 17.00               17.50              18.00                    18.50                    19.00                     A Finance Intern A GIS Seasonal Worker 3.00% 3.00% 3.00% 3.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% B 4,206               4,333              4,463                     4,596                     4,734                     4,829                     4,926              5,024                     5,125                     5,227                     5,332                     5,438                      50,476             51,991            53,550                  55,157                  56,812                  57,948                  59,107            60,289                  61,495                  62,725                  63,979                  65,259                   G Communications Specialist 5,581               5,748              5,921                     6,098                     6,281                     6,407                     6,535              6,666                     6,799                     6,935                     7,074                     7,215                      G Deputy Clerk 66,969             68,978            71,048                  73,179                  75,374                  76,882                  78,419            79,988                  81,588                  83,219                  84,884                  86,581                   G Executive Analyst 8.00% H Police Services Supervisor 6,027               6,208              6,394                     6,586                     6,784                     6,919                     7,058              7,199                     7,343                     7,490                     7,640                     7,792                       72,327             74,496            76,731                  79,033                  81,404                  83,032                  84,693            86,387                  88,115                  89,877                  91,674                  93,508                   8.00% I City Clerk/Executive Assistant 6,509               6,705              6,906                     7,113                     7,326                     7,473                     7,622              7,775                     7,930                     8,089                     8,251                     8,416                      I Finance Accountant 78,113             80,456            82,870                  85,356                  87,917                  89,675                  91,468            93,298                  95,164                  97,067                  99,008                  100,989                 I PW Accountant 8.00% J Finance Supervisor 7,030               7,241              7,458                     7,682                     7,912                     8,071                     8,232              8,397                     8,565                     8,736                     8,911                     9,089                      J GIS Manager 84,362             86,893            89,499                  92,184                  94,950                  96,849                  98,786            100,762                102,777                104,832                106,929                109,068                 J M&O Supervisor 8.00% K Police Services Manager 7,593               7,820              8,055                     8,297                     8,545                     8,716                     8,891              9,069                     9,250                     9,435                     9,624                     9,816                      K Airport Operations Manager 91,111             93,844            96,659                  99,559                  102,546                104,597                106,689          108,823                110,999                113,219                115,483                117,793                 K Planning Manager K Water Utility Supervisor K WW Utility Supervisor 8.00% L Assistant Finance Director 8,200               8,446              8,699                     8,960                     9,229                     9,414                     9,602              9,794                     9,990                     10,190                  10,394                  10,601                   L M&O Manager 98,400             101,352          104,392                107,524                110,750                112,965                115,224          117,528                119,879                122,277                124,722                127,217                 L Building Official L Development Services Manager L Natural Resources/ SW Manager L Utilities Manager 8.00% M Community Engagement Director 8,856               9,122              9,395                     9,677                     9,967                     10,167                  10,370            10,578                  10,789                  11,005                  11,225                  11,449                   M Enterprise Data and Technology Manager 106,272           109,460          112,744                116,126                119,610                122,002                124,442          126,931                129,469                132,059                134,700                137,394                 6.00% N City Engineer 9,387               9,669              9,959                     10,258                  10,566                  10,777                  10,992            11,212                  11,436                  11,665                  11,898                  12,136                   N IT Manager 112,648           116,027          119,508                123,093                126,786                129,322                131,908          134,547                137,237                139,982                142,782                145,638                 N Permit Center Manager N Police Lieutenant 10.00% O Deputy Public Works Director 10,326             10,636            10,955                  11,284                  11,622                  11,855                  12,092            12,333                  12,580                  12,832                  13,088                  13,350                   O Information Security and Compliance Manager 123,913           127,630          131,459                135,403                139,465                142,254                145,099          148,001                150,961                153,980                157,060                160,201                 O 5.05% P Deputy Police Chief 10,848             11,173            11,508                  11,853                  12,209                  12,453                  12,702            12,956                  13,215                  13,480                  13,749                  14,024                   P Information Technology Director 130,170           134,075          138,098                142,241                146,508                149,438                152,427          155,475                158,585                161,756                164,992                168,291                 P Human Resources Director July 2022 Non‐Represented Employees 5.00% Q Airport Director 11,390             11,732            12,084                  12,446                  12,819                  13,076                  13,337            13,604                  13,876                  14,154                  14,437                  14,726                   Q Administrative Services Director 136,679           140,779          145,003                149,353                153,833                156,910                160,048          163,249                166,514                169,844                173,241                176,706                 5.00% R CED Director 11,959             12,318            12,688                  13,068                  13,460                  13,730                  14,004            14,284                  14,570                  14,861                  15,159                  15,462                   R Public Works Director 143,513           147,818          152,253                156,820                161,525                164,755                168,050          171,411                174,840                178,337                181,903                185,541                 R Finance Director 4.55% S Police Chief 12,504             12,879            13,265                  13,663                  14,073                  14,354                  14,641            14,934                  15,233                  15,538                  15,848                  16,165                   S 150,043           154,544          159,180                163,956                168,874                172,252                175,697          179,211                182,795                186,451                190,180                193,983                 13.00% T City Administrator 14,129             14,553            14,989                  15,439                  15,902                  16,220                  16,545            16,876                  17,213                  17,557                  17,909                  18,267                   169,548           174,635          179,874                185,270                190,828                194,644                198,537          202,508                206,558                210,689                214,903                219,201