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HomeMy WebLinkAbout04-27-20 Council 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. To join meeting, click here Meeting ID: 988 2968 2023 Password: 014365 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Appointment to Civil Service Commission ATTACHMENT A Staff Presentation: James Trefry Council Liaison: Marilyn Oertle 2.Professional Services Agreement with Dowl, LLC for Construction ATTACHMENT B Management Services for 2020 Airport Improvements Project Staff Presentation: Marty Wray/Lorene Robinson Council Liaison: Michele Blythe 3.ATTACHMENT C Amendment to the Contract with Murraysmith for the Cascade Industrial Center Project Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 4.Contract with Perteet, Inc. to update the 173rd Street Phase 1 Design ATTACHMENT D Staff Presentation: Jim Kelly Council Liaison: Jan Schuette Arlington City Council Workshop Monday, April 27, 2020 at 7:00 pm City Council Chambers – 110 E Third Street 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. 5. Ordinance to Extend Land Use Deadlines due to COVID-19 ATTACHMENT E Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 6. Ordinance Amending Certain Sections of the Arlington Municipal Code ATTACHMENT F Chapter 20.64 Relating To Floodplain Regulations and Declaring an Emergency Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 7. Ordinances to Update Code Enforcement Processes ATTACHMENT G Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 8. Camera System for Council Chambers ATTACHMENT H Staff Presentation: Bryan Terry Council Liaison: Mayor Pro Tem Jesica Stickles 9. March 2020 Financial Report ATTACHMENT I Staff Presentation: Kristin Garcia 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 Mayor Pro Tem Jesica Stickles/Mayor Barb Tolbert City of Arlington Council Agenda Bill Item: WS #1 Attachment A Service Commission.” City of Arlington Council Agenda Bill Item: WS #2 Attachment B Lighting Project, Taxiway Bravo Lighting Project, and Taxiway Bravo Overlay Project. Staff is requesting that the City Council approve the 2020 Airport Improvements Project Construction Management Professional Services Agreement with Dowl Engineering (airport’s current on call engineer) in the amount not to exceed $242,035.00. Airport staff advertised the 2020 Airport Improvements Project in the Builders Exchange and Daily Journal; after bid opening, both bids contained discrepancies and staff is recommending rejection of all City of Arlington Council Agenda Bill Item: WS #2 Attachment B $262,442.00. The FAA has indicated that they will fund the following from project engineer’s estimates (prior to bids being received): FAA discretionary grant funding for Taxiway Bravo Lighting Project in the amount of $1,300,000.00 (project is 90% funded by the FAA). Airport staff has applied for WSDOT Grant funding for 5% of the project, which the airport will match if awarded. The airport has the budget for this project if not awarded WSDOT grant funding. FAA CARES funding and non-primary entitlement/discretionary funding for the Runway 16/34 Lighting Project in the amount of $1,143,182.00 (project is 100% funded by the FAA). We received FAA supplemental discretionary grant funding for the Taxiway Bravo Overlay Project in the amount of $1,110,000.00 (project is 100% funded by the FAA for Airport Improvement Program (AIP) eligible items). We just received notice from the FAA that we may receive additional funding for the Taxiway Bravo connector work (originally non AIP eligible). Therefore, the FAA may now be funding this project at 100% for AIP eligible portions of the project. However, there are still portions of the Taxiway Bravo Overlay Project that are not AIP eligible, which includes excess pavement removal. Therefore, the airport has requested WSDOT grant funding at 50% instead of the typical 5% ask for these non-eligible portions of the project, which the airport will match. Because of WSDOT’s limited budget, it is unlikely we will be awarded the 50% WSDOT request for grant funding. The airport has the budget for this project if not awarded WSDOT Grant Funding. Services Agreement with Dowl Engineering in the amount not to exceed $242,035.00, and authorize the PROFESSIONAL SERVICE AGREEMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into in duplicate this 4th day of May, 2020, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" or “OWNER” and, DOWL, LLC, hereinafter referred to as the "CONSULTANT". RECITALS: WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth below requiring specialized skills and other supportive capabilities; and WHEREAS, sufficient CITY resources are not available to provide such services; and WHEREAS, the CONSULTANT represents that the CONSULTANT is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise, where required, to perform the services and/or tasks set forth in this Agreement. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties hereto agree as follows: 1. Scope of Services. The CONSULTANT shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are identified and designated as CONSULTANT responsibilities throughout this Agreement and as detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). CITY has relied upon the qualifications of CONSULTANT in entering into this Agreement. By execution of this Agreement, CONSULTANT represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all applicable current laws, rules and regulations which reasonably relate to the Scope of Services detailed in Exhibit “A” hereto. CONSULTANT shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. CONSULTANT will be responsible for the technical accuracy of its services and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT agrees to correct any deficiencies discovered without additional compensation, except to the extent such deficiencies are directly attributable to deficiencies or omissions in City-furnished information. 2. Term. PROFESSIONAL SERVICE AGREEMENT 2 The contract shall be completed on the last day of December, 2020, unless sooner terminated according to the provisions herein. 3. Compensation and Method of Payment. 3.1 Payments for services provided hereunder shall be made following the performance of such services, unless otherwise permitted by law and approved in writing by the CITY. 3.2 No payment shall be made for any service rendered by the CONSULTANT except for services identified and set forth in this Agreement. 3.3 The CITY shall pay the CONSULTANT for work performed under this Agreement as follows: CONSULTANT shall submit monthly invoices detailing work performed and expenses for which reimbursement is sought. CITY shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 CITY shall pay CONSULTANT for such services: (check one) Hourly: $ __________ per hour, plus actual expenses, but not to exceed a total of $___________ without an amendment to the contract. Fixed Sum: A total amount of $XXXXXXX in accordance with the fee schedule contained in Exhibit B for all work performed and expenses incurred under this contract. . Other: An hourly fee plus reimbursement of expenses per the scope of work attached as Exhibit A, but not to exceed $242,035.00 for all work performed and expenses incurred under this contract. 4. Reports and Inspections. 4.1 The CONSULTANT at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. 4.2 The CONSULTANT shall at any time during normal business hours and as often as the CITY or State Auditor may deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the CITY or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The CITY shall receive a copy of all audit reports made by the agency or firm as to the CONSULTANT'S activities. The CITY may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the CONSULTANT'S activities which relate, directly or indirectly, to this Agreement. 5. Independent Contractor Relationship. PROFESSIONAL SERVICE AGREEMENT 3 5.1 The parties intend that an independent CONSULTANT/CITY relationship will be created by this Agreement. The CITY is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the CONSULTANT. No agent, employee, servant or representative of the CONSULTANT shall be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the employees of the CONSULTANT are not entitled to any of the benefits the CITY provides for its employees. The CONSULTANT will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. 5.2 In the performance of the services herein contemplated the CONSULTANT is an independent contractor with the authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the CITY and shall be subject to the CITY'S general rights of inspection and review to secure the satisfactory completion thereof. 6. CONSULTANT Employees/agents The CITY may at its sole discretion require the CONSULTANT to remove any employee, agent or servant from employment on this Project. The CONSULTANT may however employ that (those) individual(s) on other non-CITY related projects. 7. Hold Harmless/Indemnification. 7.1 CONSULTANT shall indemnify and hold the CITY, its officers, officials, and employees harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the negligence of the CITY. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT and the CITY, its officers, officials, employees, and volunteers, the CONSULTANT's liability, including the duty and cost to defend, hereunder shall be only to the extent of the CONSULTANT's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement, though no indemnification claim shall lie after any applicable underlying limitation of action(s) has run. PROFESSIONAL SERVICE AGREEMENT 4 8. Insurance. The CONSULANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 8.1 Insurance Term. The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 8.2 No Limitation. The CONSULTANT’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY’s recourse to any remedy available at law or in equity. 8.3 Minimum Scope of Insurance. The CONSULTANT shall obtain insurance of the types and coverage described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be as least as broad as Insurance Services Office (ISO) form CA 00 01. b. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The CITY shall be named as an additional insured under the CONSULTANT’s Commercial General Liability insurance policy with respect to the work performed for the CITY using an additional insured endorsement at least as broad as ISO CG 20 26. c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the CONSULTANT’s profession. 8.4 Minimum Amounts of Insurance. The CONSULTANT shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. PROFESSIONAL SERVICE AGREEMENT 5 b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. c. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 8.5 Other Insurance Provision. The CONSULTANT’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any insurance, self-insurance, or self-insured pool coverage maintained by the CITY shall be excess of the CONSULTANT’s insurance and shall not contribute with it. 8.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:V. 8.7 Verification of Coverage. The CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT before commencement of the work. 8.8 Notice of Cancellation. The CONSULTANT shall endeavor to provide the CITY with written notice of any policy cancellation within two business days of their receipt of such notice. 8.9 Failure to Maintain Insurance. Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the CONSULTANT to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. 8.10 CITY Full Availability of CONSULTANT Limits. If the CONSULTANT maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the CONSULTANT, irrespective of whether such limits maintained by the CONSULTANT are greater than those required by this contract or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the CONSULTANT. PROFESSIONAL SERVICE AGREEMENT 6 9. Treatment of Assets. Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY shall become the owner of the project-specific work product and other documents, if any, prepared by the CONSULTANT pursuant to this Agreement. 10. Compliance with Law/FAA Requirements. 10.1 The CONSULTANT, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. 10.2 The CONSULTANT specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 10.3 Access to Records and Reports. The CONSULTANT must maintain an acceptable cost accounting system. The CONSULTANT agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or duly authorized representatives, access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The CONSULTANT agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 10.4 General Civil Rights Provisions. The CONSULTANT agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the CONSULTANT and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 10.5 Title VI Solicitation Notice: The CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 10.6 Compliance with Nondiscrimination Requirements. During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees as follows: a. Compliance with Regulations: The CONSULTANT will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as PROFESSIONAL SERVICE AGREEMENT 7 they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. b. Non-discrimination: The CONSULTANT, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the CONSULTANT of the CONSULTANT’s obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. d. Information and Reports: The CONSULTANT will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish the information, the CONSULTANT will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of a CONSULTANT’s noncompliance with the Nondiscrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: 1. Withholding payments to the CONSULTANT under the contract until the CONSULTANT complies; and/or 2. Cancelling, terminating, or suspending a contract, in whole or in part. f. Incorporation of Provisions: The CONSULTANT will include the provisions of paragraphs one through six in every subcontract, PROFESSIONAL SERVICE AGREEMENT 8 including procurements of materials and leases of equipment, Required Contact Provisions Issued on January 29, 2016 Page 19 AIP Grants and Obligated Sponsors Airports (ARP) unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The CONSULTANT will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the CONSULTANT becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the CONSULTANT may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the CONSULTANT may request the United States to enter into the litigation to protect the interests of the United States. 10.7 Applicable Nondiscrimination Statutes. During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, PROFESSIONAL SERVICE AGREEMENT 9 subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 10.8 Texting While Driving. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative, the Owner encourages the CONSULTANT to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The CONSULTANT must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. PROFESSIONAL SERVICE AGREEMENT 10 10.9 Energy Conservation Requirements. CONSULTANT and its subcontractors agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201et seq). 10.10 Federal Fair Labor Standards Act. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The CONSULTANT has full responsibility to monitor compliance to the referenced statute or regulation. The CONSULTANT must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. 10.11 Occupational Safety and Health Act of 1970. All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. CONSULTANT must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The CONSULTANT retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). CONSULTANT must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. 10.12 Trade Restriction Certification. By submission of an offer, the CONSULTANT certifies that with respect to this solicitation and any resultant contract, the CONSULTANT - a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The CONSULTANT must provide immediate written notice to the Owner if the CONSULTANT learns that its certification or that of a subcontractor was erroneous when PROFESSIONAL SERVICE AGREEMENT 11 submitted or has become erroneous by reason of changed circumstances. The CONSULTANT must require subcontractors provide immediate written notice to the CONSULTANT if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a CONSULTANT or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of CONSULTANT is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The CONSULTANT agrees that it will incorporate this provision for certification without modification in in all lower tier subcontracts. The CONSULTANT may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the CONSULTANT has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the CONSULTANT or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 10.13 Veteran’s Preference. In the employment of labor (excluding executive, administrative, and supervisory positions), the CONSULTANT and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. PROFESSIONAL SERVICE AGREEMENT 12 10.14 Certification Regarding Lobbying. The CONSULTANT certifies by signing and submitting this agreement, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 10.15 Clean Air and Water Pollution Control. CONSULTANT agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The CONSULTANT agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. CONSULTANT must include this requirement in all subcontracts that exceeds $150,000. 10.16 Certification of CONSULTANT regarding Debarment. The CONSULTANT certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 10.17 Certification of CONSULTANT regarding Tax Delinquency and Felony Convictions PROFESSIONAL SERVICE AGREEMENT 13 1) CONSULTANT represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The CONSULTANT represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 10.18 Disadvantaged Business Enterprises Provisions. CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non-responsible. 11. Breach of Contract. Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide CONSULTANT written notice that describes the nature of the breach and corrective actions the CONSULTANT must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to CONSULTANT until such time the CONSULTANT corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the CONSULTANT must correct the breach. Owner may proceed with termination of the contract if the CONSULTANT fails to correct the breach by deadline indicated in the Owner’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 12. Assignment/subcontracting. 12.1 The CONSULTANT shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the PROFESSIONAL SERVICE AGREEMENT 14 CITY, and it is further agreed that said consent must be sought in writing by the CONSULTANT not less than thirty (30) days prior to the date of any proposed assignment. The CITY reserves the right to reject without cause any such assignment. 12.2 Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines. 12.3 Any technical/professional service subcontract not listed in this Agreement, must have express advance approval by the CITY. 13. Changes. Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. 14. Maintenance and Inspection of Records. 14.1 The CONSULTANT shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14.2 The CONSULTANT shall retain all books, records, documents and other material relevant to this agreement, for six (6) years after its expiration. The CONSULTANT agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period. 15. Other Provisions. If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate an appropriate amendment. If after thirty (30) days of negotiation, agreement can not be reached, this Agreement may be terminated by the CITY no sooner than sixty (60) days thereafter. 16. Termination. 16.1 Termination for Convenience. a. The Owner may, by written notice to the CONSULTANT, terminate this Agreement for its convenience and without cause or default on PROFESSIONAL SERVICE AGREEMENT 15 the part of CONSULTANT. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. b. Upon termination of the Agreement, the CONSULTANT must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. c. Owner agrees to make just and equitable compensation to the CONSULTANT for satisfactory work completed up through the date the CONSULTANT receives the termination notice. Compensation will not include anticipated profit on non-performed services. d. Owner further agrees to hold CONSULTANT harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 16.2 Termination for Cause. Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the CONSULTANT to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the CONSULTANT must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the CONSULTANT must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, PROFESSIONAL SERVICE AGREEMENT 16 estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the CONSULTANT for satisfactory work completed up through the date the CONSULTANT receives the termination notice. Compensation will not include anticipated profit on non- performed services. Owner further agrees to hold CONSULTANT harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the CONSULTANT was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by CONSULTANT: The CONSULTANT may terminate this Agreement in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the CONSULTANT in accordance with the terms of this Agreement; 3. Suspends the Project for more than 180 days due to reasons beyond the control of the CONSULTANT. Upon receipt of a notice of termination from the CONSULTANT, Owner agrees to cooperate with CONSULTANT for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and CONSULTANT cannot reach mutual agreement on the termination settlement, the CONSULTANT may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract. In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the CONSULTANT through the effective date of termination action. Owner agrees to hold CONSULTANT harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 17. Notice. PROFESSIONAL SERVICE AGREEMENT 17 Notice provided for in this Agreement shall be sent by certified mail to the addresses designated for the parties on the last page of this Agreement. 18. Attorneys Fees and Costs. If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled, reasonable attorney's fees and other costs incurred in that action or proceeding. 19. Jurisdiction and Venue. 19.1 This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance. 19.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Snohomish County, Washington. 20. Severability. 20.1 If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 20.2 If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 21. Entire Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. PROFESSIONAL SERVICE AGREEMENT 18 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. CITY OF ARLINGTON CONSULTANT: DOWL, LLC ______________________________ ____________________________ Barbara Tolbert, Mayor Attest: ________________________________ Page 1 of 5 TASK ORDER #6 EXHIBIT A: SCOPE OF WORK City of Arlington – Arlington Municipal Airport (AWO) 2020 Airport Improvements Phase 2: Construction Administration This project will be completed under the Professional Services Agreement between the City of Arlington and DOWL, LLC, dated May 4, 2020. Project Description This project includes the following improvements to the Arlington Municipal Airport (AIRPORT), as shown in the attached Figure 1. This project is receiving FAA grant funding from several sources within the FAA, including normal AIP funding, 2018 Supplementary Discretionary funding (XB 20), 2019 Supplementary Discretionary funding (XC20), and CARES Act funding. There will be three separate FAA grants for this project, and costs associated with each grant will be tracked separately throughout to ensure proper allocation and reimbursement of costs. To better show the breakdown of funding from each grant, the key below will be used throughout this scope of work to delineate funding sources. The attached Figure 4 also shows approximate work areas associated with each grant. Normal AIP Funding X.X% 2018 Supplementary Discretionary [XB20] X.X% 2019 Supplementary Discretionary [XC 20] X.X% Non-AIP Eligible X.X% The percentages associated with each category above represent the portion of the scope and subsequent fee that will be attributed to each category for each project task. The percentages for tasks shared between more than one grant are estimated based on current project funding shown in the AIRPORT’s Capital Improvement Program (CIP) and anticipated efforts. The approximate project areas that apply to each FAA grant as well as non-AIP eligible work are shown in the attached Figure 4. FAA AIP Eligible Work [100% FAA Funded-AIP/CARES Act]: Runway 16-34 Lighting (Figure 1) 1. Replacement of existing Medium Intensity Runway Edge Lighting System (MIRL) with new LED MIRL system. 2. Installation of lighted LED hold signs on three taxiway connectors between Runway 16 -34 and Taxiway B. 3. Replacement of existing airport-owned Runway 16 and Runway 34 Precision Approach Path Indicators (PAPIs). 4. Replacement of existing airport-owned Runway 16 Runway End Identifier Lights (REILs). 5. Replacement of existing Runway Distance Remaining signs with new LED signs. 6. Replacement of existing Runway 16-34 lighting regulator, and all trenching, cable, and conduit as required for the new MIRL lighting system. City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 2: Construction Administration Page 2 of 5 7. Installation of pilot-controlled lighting (PCL) for new LED MIRL system. Evaluate inclusion of parallel taxiway circuits on PCL system and incorporate if recommended and approved. Coordinate PCL for new circuits with existing MALS PCL circuit. 8. FAA Flight Check of new Runway 16 & 34 PAPIs and Runway 16 REILs (under Reimbursable Agreement) FAA Supplementary Discretionary Work (100% FAA Funded) – 2018 Supplemental Round 2 (XB20): Taxiway B Pavement Rehabilitation (Figure 1) 1. 2-inch mill and overlay of Taxiway B, full-length. Connector taxiways are not included in this work. 2. 2-inch mill and overlay of Connector Taxiways B2, B3, and B4 from edge of Runway 16-34 to edge of Taxiway B. FAA AIP Eligible Work – 2019 Supplemental (XC20) [90% FAA Funded]: Taxiway B Lighting (Figure 1) 1. Remove existing blue taxiway edge reflectors. 2. Install new LED taxiway lighting system. 3. Install new taxiway lighting regulator in existing lighting vault. Non-AIP Eligible Work: Excess Pavement Removal (Figure 1) 1. Removal of abandoned 45-degree taxiway connector pavement north of taxiway connector B3, from Runway 16-34 to Taxiway B. 2. Removal of excess pavement between Runway 34 and runway 29 thresholds to eliminate ponding and promote drainage. All costs associated with non-AIP Eligible work will be tracked independently of AIP-funded work, and all non-AIP Eligible work will be completed on a separate bid schedule. Several scope items are necessary only due to FAA funding; these tasks will typically include no non-AIP eligible costs. DOWL (CONSULTANT) and The City of Arlington – Arlington Municipal Airport (AIRPORT) have prepared the following scope of work. PHASE 2: CONSTRUCTION ADMINISTRATION 2.1 PROJECT MANAGEMENT Normal AIP Funding 25.0% 2018 Supplementary Discretionary [XB20] 25.0% 2019 Supplementary Discretionary [XC 20] 25.0% Non-AIP Eligible 25.0% The CONSULTANT will provide project management and administration, management of subconsultants, and liaison with the AIRPORT and FAA, and prepare monthly invoices with monthly progress reports. It is assumed that up to eight (8) monthly invoices will be required. City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 2: Construction Administration Page 3 of 5 2.2 PRE-CONSTRUCTION CONFERENCE Normal AIP Funding 25.0% 2018 Supplementary Discretionary [XB20] 25.0% 2019 Supplementary Discretionary [XC 20] 25.0% Non-AIP Eligible 25.0% The CONSULTANT will review the Contractor’s proposed schedule with the Airport prior to the meeting. The CONSULTANT will conduct a pre-construction conference and review the CSPP with the Contractor on site prior to work commencing and make any necessary modifications that may be requir ed. 2.3 SUBMITTAL REVIEW Normal AIP Funding 30.0% 2018 Supplementary Discretionary [XB20] 30.0% 2019 Supplementary Discretionary [XC 20] 30.0% Non-AIP Eligible 10.0% Review Contractor submittals for conformance with the plans and specifications. Maintain a submittal log with all submittals to date and current status. 2.4 CONSTRUCTION ADMINISTRATION Normal AIP Funding 35.0% 2018 Supplementary Discretionary [XB20] 20.0% 2019 Supplementary Discretionary [XC 20] 35.0% Non-AIP Eligible 10.0% Provide construction administration services to include: a) Preparation of up to five (5) Contractor progress payment requests. b) Preparation of up to two (2) construction change orders. c) Respond to Contractor RFI’s (5 RFI’s estimated). d) Review all weekly certified payrolls (prime and subcontractors) monthly prior to the pay request. e) Review “Statement of Intent to Pay Prevailing Wage” and “Affidavit of Wages Paid” forms for prime Contractor and subcontractors. f) Conduct employee wage interviews for both prime contractor and subcontractors, as required by the City. g) Prepare weekly meeting agenda and minutes. h) Provide Inspector Daily Reports (IDR’s) for every working day the Contractor is working at the airport. i) Prepare FAA weekly reports for each grant with progress photos for every week the Contractor is working at the airport. j) Prepare and submit FAA quarterly reports for each grant. k) Resident Engineer will conduct up to sixteen (16) weekly construction meetings on-site. l) Resident Engineer and Inspector will prepare and submit Inspector Daily Reports (IDR) for each working day. City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 2: Construction Administration Page 4 of 5 2.5 RESIDENT ENGINEER & INSPECTOR Normal AIP Funding 35.0% 2018 Supplementary Discretionary [XB20] 20.0% 2019 Supplementary Discretionary [XC20] 35.0% Non-AIP Eligible 10.0% Provide full time inspector throughout construction (5, 10-hour days/week, 16 weeks) and an additional part- time resident engineer during mill and overlay (5, 10-hour days/week, 2 weeks) to monitor and document construction progress, confirm conformance with schedules, plans and specifications, measure and document construction pay quantities, document significant conversations or situations, document input or visits by local authorities, etc., and photograph daily construction activities. Conduct up to sixteen (16) weekly meetings on- site to coordinate progress of the construction work with the Airport, airport tenants, and the Contractor. Prepare inspector daily reports documenting construction progress when onsite, materials used, number of workers and work process, and equipment used. Construction is anticipated to last sixteen (16) weeks. 2.6 ACCEPTANCE TESTING Normal AIP Funding 0.0% 2018 Supplementary Discretionary [XB20] 66.7% 2019 Supplementary Discretionary [XC 20] 0.0% Non-AIP Eligible 33.3% The CONSULTANT will provide acceptance testing for Hot Mix Asphalt. This will assume up to two (2) test sections with three (3) sublots each. Production paving is anticipated to be completed in three (3) lots, with up to twelve (12) sublots. 2.7 FINAL INSPECTION Normal AIP Funding 25.0% 2018 Supplementary Discretionary [XB20] 25.0% 2019 Supplementary Discretionary [XC 20] 25.0% Non-AIP Eligible 25.0% Attend the final inspection with Airport personnel and the Contractor. Prepare punchlist for Contractor, if required. Conduct one (1) follow-up inspection when the Contractor has completed the punchlist. Additional inspections, if required, will be deducted from contractor’s final pay estimate. 2.8 RECORD DRAWINGS Normal AIP Funding 30.0% 2018 Supplementary Discretionary [XB20] 30.0% 2019 Supplementary Discretionary [XC 20] 30.0% Non-AIP Eligible 10.0% Prepare record drawings and deliver three sets of printed drawings and one set of electronic record drawings in AutoCAD and PDF formats on a flash drive. City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 2: Construction Administration Page 5 of 5 2.9 PROJECT CLOSEOUT Normal AIP Funding 25.0% 2018 Supplementary Discretionary [XB20] 25.0% 2019 Supplementary Discretionary [XC 20] 25.0% Non-AIP Eligible 25.0% The CONSULTANT will prepare an FAA Construction Final Report and Final Payment Summary and submit to the AIRPORT and FAA for review and approval. 2.10 GRANT ASSISTANCE Normal AIP Funding 33.3% 2018 Supplementary Discretionary [XB20] 33.3% 2019 Supplementary Discretionary [XC 20] 33.3% Non-AIP Eligible 0.0% The CONSULTANT will provide the AIRPORT with the following grant assistance: a) Assist the Airport with general management of FAA AIP grant for this project. b) Prepare FAA Quarterly and Annual Performance Reports. Assumptions: a) The construction will occur during the summer of 2020. b) Construction staking is to be completed by the Contractor. Design survey control will be included in the Contract Plans. c) A Construction Management Plan is required. d) Resident engineering fee estimate is based on providing a full-time inspector for 5 days per week for the full 12-week construction period at 10 hours per day, and an additional Resident Engineer for 5 days per week for a 2-week construction duration during Taxiway B mill and overlay at 10 hours per day. Deliverables: The following documents, exhibits, or other presentations for the work covered by this Agreement will be furnished by CONSULTANT to the AIRPORT upon completion of the various phases of the work. GENERAL Invoice and Progress Reports (5) PDF via email Meeting Notes PDF via email All Construction Management Documentation Complete set of electronic files on flash drive & 1 binder Payroll Tracking spreadsheet Excel spreadsheet via email Reviewed Certified Payrolls PDF via email CONSTRUCTION Construction Documentation One set of binders & Flash Drive with electronic files Record Drawings Airport: Three (3) 11”x17” paper copies & PDF, FAA: PDF via electronic delivery Construction Closeout Report Airport: Three (3) copies & PDF, FAA: PDF via electronic delivery B3 B3 B4 B B3 B316-34 B3 B E B B E B3 B E B B B4 B B4 16B4 B4 2 3 1 4 ILS CRITICAL AREA KEEP OUT ILS CRITICAL AREA KEEP OUT ILS CRITICAL AREA KEEP OUT ILS CRITICAL AREA KEEP OUT ILS CRITICAL AREA KEEP OUTILS CRITICAL AREA KEEP OUT ILS C R I T I C A L A R E A KEEP O U T ILS C R I T I C A L A R E A KE E P O U T IL S C R I T I C A L A R E A KE E P O U T ILS CR I T I C A L A R E A KEEP O U TILS C R I T I C A L A R E A KEE P O U T ILS CRITICAL AREA KEEP OUT ILS CRITICAL AREA KEEP OUTILS CRITICAL AREA KEEP OUTILS CRITICAL AREA KEEP OUT ILS CRITICAL AREA KEEP OUT ILS CRITICAL AREA KEEP OUT WARNING MIDFIELD TOKOFF PROHIBITED ILS CRITICAL AREA KEEP OUT A4 34- 1 6 A4 A4 A4 34- 1 6 A4 A3 34-16 A3 A3 A3 ILS CRITICAL AREA KEEP OUT ILS CRITICAL AREA KEEP OUT E E E E E E E E E E E E EEEEEEEEEEEEEEE E EEEEE EEEEEE E EEEEE E E E E E E W W W W W W W W W W W W W W W W W W W W 3416-34 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y W W W W W W W W W W W W W W W W W W W W B2 29 - 1 1 C 4 C 16- 3 4 16- 3 4 29-APCH B 29 - 1 1 B B2 D | B D B B2 B216-34 B2 B D BDB2 |B B2 1 3 2 29 3 4 C1 1 1 - 2 9 A1 29-11 | 34-16 A1 A1 29-11 | 34-16 A1 A1 A2A2 A2 A2 34-16 EEEEEEEEEEE E EEEEEEEEEEEEEEEEE E E E EEEEEEEEEEEE E EEEEEEEEEEEEEEE E W W W W W W W W W W W W W W W W W W W W 16-34 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YW W W W W W W W W W W W W W W W W W W W E WW 16-34 Taxiway B Mill & Overlay New Runway Lights New Taxiway Lights New Lighted Signs Pavement Removal New PAPI New REIL New Trenching/Cable/Conduit Runway 16/34 Runway 16/34 Taxiway B Taxiway B Tw y B 4 Tw y B 3 Tw y B 2 Tw y A 1 Tw y A 2 Tw y A 3 Tw y A 4 Ru n w a y 1 1 / 2 9 Arlington Municipal Airport (AWO) 2020 Airport Improvements Figure 1: Project Elements Replace 2-Box PAPI Replace 2-Box PAPI Replace REILs New Lighted Hold Sign New Lighted Hold Sign New Lighted Hold Sign Replace Lighted RDR Sign Replace Lighted RDR Sign Legend Replace Runway 16-34 Medium Intensity Runway Edge Lights with New LED System Install New LED Taxiway Edge Lights Replace Lighted RDR Sign Replace Lighted RDR Sign Use Existing Home Runs to Lighting Vault Install New Lighting Regulators in Existing Vault Remove Excess Pavement to Reduce Ponding Remove Closed 45° Connector Taxiway YY WW E E E E E E E E EEEEEEEEEEEEEEE E EEEEE EEEEEE E EEEEE E E E E E E E E E E E EEEEE E E E E E W W W W W W W W W W W W W W W W W W W 3416-34 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y W W W W W W W W W W W W W W W W W W W EEEEEEEEEEE E EEEEEEEEEEEEEEEEE E E E EEEEEEEEEEEE E EEEEEEEEEEEEEEE E EEEEEEEEEEEE W W W W W W W W W W W W W W W W W W W 16-34 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YW W W W W W W W W W W W W W W W W W W W Runway 16/34 Runway 16/34 Taxiway B Taxiway B Tw y B 4 Tw y B 3 Tw y B 2 Tw y A 1 Tw y A 2 Tw y A 3 Tw y A 4 Ru n w a y 1 1 / 2 9 Arlington Municipal Airport (AWO) 2020 Airport Improvements Figure 4: Project Funding by Work Areas Replace 2-Box PAPI Replace 2-Box PAPI Replace REILs New Lighted Hold Sign New Lighted Hold Sign New Lighted Hold Sign Replace Lighted RDR Sign Replace Lighted RDR Sign Legend Replace Runway 16-34 Medium Intensity Runway Edge Lights with New LED System Install New LED Taxiway Edge Lights Replace Lighted RDR Sign Replace Lighted RDR Sign Use Existing Home Runs to Lighting Vault Install New Lighting Regulators in Existing Vault FAA AIP/CARES Act Funding ·Runway 16-34 Lighting Rehabilitation FAA AIP 2018 Supp. Disc. (XB20) ·Taxiway B Pavement Rehabilitation ·Conn. Twy B2, B3, & B4 Pvmt. Rehab. FAA AIP 2019 Supp. Disc. (XC20) ·Taxiway B Lighting Install Non-AIP Eligible ·Excess Pavement Removal Remove Closed 45° Connector Taxiway Remove Excess Pavement to Reduce Ponding Y W Client:Arlington Municipal Airport (AWO) Project:2020 Airport Improvements Date:4/21/2020 Phase:2 - Construction LABOR:KN WH RL RT PR TASK Engineer Project Engineering Survey Survey Admin. NO.TASK (Scope of Services)X Manager IV Engineer VII Engineer I Technician V Crew Chief Technician Assistant TOTAL LABOR 245.00 180.00 185.00 100.00 130.00 190.00 125.00 85.00 85.00 HOURS COST Hours Total Hours Total Hours Total Hours Total 2.1 Project Management 8 60 0 0 0 0 0 0 16 84 14,120$ 3,530$ 3,530$ 3,530$ 3,530$ a General Project Management (8 months)8 60 16 84 14,120$ 21.0 3,530$ 21.0 3,530$ 21.0 3,530$ 21.0 3,530$ 2.2 Pre-Construction Conference 1 8 0 10 0 0 0 0 2 21 2,855$ 714$ 714$ 714$ 714$ a Review Schedule 1 2 2 5 805$ 1.3 201$ 1.3 201$ 1.3 201$ 1.3 201$ b Pre-Construction Conference / Minutes 6 8 2 16 2,050$ 4.0 513$ 4.0 513$ 4.0 513$ 4.0 513$ 2.3 Submittal Review 0 16 0 40 0 0 0 0 2 58 7,050$ 2,115$ 2,115$ 2,115$ 705$ a Submittal Reviews 16 40 2 58 7,050$ 17.4 2,115$ 17.4 2,115$ 17.4 2,115$ 5.8 705$ 2.4 Construction Administration 2 54 0 119 8 0 0 0 6 189 23,660$ 8,281$ 4,732$ 8,281$ 2,366$ a Pay Estimates (5)1 10 20 31 4,045$ 10.9 1,416$ 6.2 809$ 10.9 1,416$ 3.1 405$ b Change Orders (2)1 8 16 8 2 35 4,495$ 12.3 1,573$ 7.0 899$ 12.3 1,573$ 3.5 450$ c RFI's (5)5 10 4 19 2,240$ 6.7 784$ 3.8 448$ 6.7 784$ 1.9 224$ d Certified Payroll Review 8 32 40 4,640$ 14.0 1,624$ 8.0 928$ 14.0 1,624$ 4.0 464$ e Labor Documentation Review 8 8 16 2,240$ 5.6 784$ 3.2 448$ 5.6 784$ 1.6 224$ f Employee Wage Interviews 1 4 5 580$ 1.8 203$ 1.0 116$ 1.8 203$ 0.5 58$ g Weekly Meeting Agenda/Minutes 6 12 18 2,280$ 6.3 798$ 3.6 456$ 6.3 798$ 1.8 228$ h FAA Weekly Reports (Anticipated 34 Reports)8 17 25 3,140$ 8.8 1,099$ 5.0 628$ 8.8 1,099$ 2.5 314$ 2.5 Resident Engineer & Inspector 0 184 0 800 0 0 0 0 0 984 113,120$ 39,592$ 22,624$ 39,592$ 11,312$ a Full-Time Inspector (80 working days)800 800 80,000$ 280.0 28,000$ 160.0 16,000$ 280.0 28,000$ 80.0 8,000$ b Part-Time Resident Engineer (10 working days)100 100 18,000$ 35.0 6,300$ 20.0 3,600$ 35.0 6,300$ 10.0 1,800$ c Weekly Meetings (PM - 14 weeks)84 84 15,120$ 29.4 5,292$ 16.8 3,024$ 29.4 5,292$ 8.4 1,512$ 2.6 Acceptance Testing 0 0 0 0 0 0 0 0 0 0 -$ a Acceptance Testing -$ 2.7 Final Inspection 0 13 0 14 0 0 0 0 0 27 3,740$ 935$ 935$ 935$ 935$ a Final Inspection 6 6 12 1,680$ 3.0 420$ 3.0 420$ 3.0 420$ 3.0 420$ b Punchlist 1 2 3 380$ 0.8 95$ 0.8 95$ 0.8 95$ 0.8 95$ c Closeout Inspection 6 6 12 1,680$ 3.0 420$ 3.0 420$ 3.0 420$ 3.0 420$ 2.8 Record Drawings 2 4 0 12 24 0 16 0 0 58 7,530$ 2,259$ 2,259$ 2,259$ 753$ a Record Drawings 2 4 12 24 16 58 7,530$ 17.4 2,259$ 17.4 2,259$ 17.4 2,259$ 5.8 753$ 2.9 Project Closeout 0 40 0 40 0 0 0 0 2 82 11,370$ 2,842$ 2,842$ 2,843$ 2,843$ a FAA Construction Final Report/Project Summary 40 40 2 82 11,370$ 20.5 2,843$ 20.5 2,843$ 20.5 2,843$ 20.5 2,843$ 2.10 Grant Assistance 0 56 0 40 0 0 0 0 0 96 14,080$ 4,693$ 4,693$ 4,694$ -$ a AIP Grant Management (3 Grants)40 20 60 9,200$ 20.0 3,067$ 20.0 3,067$ 20.0 3,067$ 0.0 -$ b FAA Quarterly/Annual Performance Report 16 20 36 4,880$ 12.0 1,627$ 12.0 1,627$ 12.0 1,627$ 0.0 -$ Labor Subtotal 13 435 0 1075 32 0 16 0 28 1,599 197,525$ 64,961$ 44,444$ 64,962$ 23,158$ Expenses Mileage (Meetings, Site Visits)95 Trips @ 100 Miles Miles / Roundtrip ($0.58/ mile)5,510$ 5,510$ -$ -$ -$ Travel / Per Diem Trips @ -$ -$ -$ -$ Plotting / Reproductions 500$ 150$ 150$ 150$ 50$ Total Expenses 6,010$ 5,660$ 150$ 150$ 50$ Subconsultants Subconsultant Cost Markup Total Electrical Construction Support (Elcon)15,000$ 10%16,500$ 9,500$ -$ 7,000$ -$ Asphalt Acceptance Testing (HWA)20,000$ 10%22,000$ 14,674$ -$ 7,326$ Total Subconsultants 38,500$ 9,500$ 14,674$ 7,000$ 7,326$ TOTAL FEE (Phase 2: Construction)242,035$ 80,121$ 59,268$ 72,112$ 30,534$ Subconsultant (HWA)Subconsultant (See Below) Total Normal AIP Total 2018 Supp. Discretionary (XB20) Total 2019 Supp. Discretionary (XC20)Total Non-AIP Eligible EXHIBIT B-1: CONSULTANT FEE ESTIMATE DOWL PROJECT TEAM PROJECT FUNDING BREAKDOWN Survey Manager Normal AIP 2018 Supplementary Discretionary (XB20) 2019 Supplementary Discretionary (XC20)Non-AIP Eligible \\RED-FS\Red-projects\23\15001-02\10PM\10.1 Scope and Fee\10.1.8 CA Scope and Fee\EXHIBIT B - FEE_2020 Airport Improvements DOWL CA.xlsx RESOLUTION NO. 2020-________ A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON REJECTING ALL BIDS ON THE 2020 AIRPORT IMPROVEMENTS PROJECT WHEREAS, the City of Arlington/Arlington Municipal Airport has solicited bids for a project known as the 2020 Airport Improvements Project (hereinafter the “Project”); and WHEREAS, after opening the bids, the Council wishes to reject all bids and to rebid the project; NOW, THEREFORE, the City Council of the City of Arlington, Washington do hereby resolve as follows: 1. The City Council hereby rejects all bids submitted for the Project; and 2. City staff is authorized and directed to re-bid the Project at the soonest possible date. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: WS #3 Attachment CCOUNCIL MEETING DATE: April 27, 2020 SUBJECT: Amendment to the existing Murraysmith contract for design services to the Cascade Industrial Center (CIC) to support the 51st Avenue Urban Village ATTACHMENTS: Maps showing additional design work Scope of work and fee DEPARTMENT OF ORIGIN Public Works – James Kelly EXPENDITURES REQUESTED: Fee is being negotiated BUDGET CATEGORY: Utilities Capital Funds BUDGETED AMOUNT: Not originally budgeted for 2020. Will need an amendment LEGAL REVIEW: DESCRIPTION: Amendment #1 to the Murraysmith South Cascade Industrial Center (CIC) Utilities Professional Services Agreement (PSA) for infrastructure design and preparation of construction documents to support the 51st Ave Urban Village. HISTORY: The CIC area south of SR-531 is beginning to develop. In order to support the development in this region of the CIC, the City contracted with Murraysmith for the planning and design of the water, sewer, and communication trunk-line infrastructure improvements. The City in entering into a partnership with the 51st Ave Urban Village development for design and installation of water and sewer service for this development. Draft * * * ** * * 47th Ave 51st Ave 168th St 43rd Ave 59th Ave 63rd Ave 67th Ave 172nd St Ne SR 531 168th St Connect toExisting Water12" DI Connect toExisting Water12" DI Connect toExisting Water Connect toExisting Water Connect toExisting Water12" DI UtilityImprovement to 12" DI Addendum #1 City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitability for a particularpurpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree toindemnify, defend, and hold harmless the C ity of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data,or the use of the data presented in the maps. ´ akcSR531_WaterFiber_11x17_20 4/21/20201 in = 500 feetScale:Date: File:Drawn by: Aerial flown in 2017 CIC Utility Infrastructure South of SR531Addendum #1 - WaterWater (proposed) *City Funded Developer Improvement Addendum #1 Roads (proposed) City Limits Draft Draft !P !P !P !( !( !(!( !( !(!(!(!( !( !(" ") ") ") ")Connect toExistingMH-1782 Connect toExisting MH-2197 12" GravitySanitary Sewer Increase to 8"Force Main 8" Force MainLift Station(proposed) 47th Ave 51st Ave 168th St 43rd Ave 59th Ave 63rd Ave 67th Ave 172nd St Ne SR 531 168th StAddendum #1 LS-04 LS-05 LS-08 LS-12 City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitability for a particularpurpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree toindemnify, defend, and hold harmless the C ity of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data,or the use of the data presented in the maps. ´ akcSR531_Sew erFiber_11x17_20 4/21/20201 in = 550 feetScale:Date: File:Drawn by: Aerial flown in 2017 CIC Utility Infrastructure South of SR531Addendum #1 - Sewer and Fiber")Lift Stations (existing) !P Manholes (existing) Fiberlines (proposed) Addendum #1 "Lift Station (proposed) Force Main (proposed)Draft Sewer Pipes (proposed) City Funded Developer Improvement Sewer Manholes (proposed) !(City Funded !(Devloper Improvement 20-2778 MURRAYSMITH Amend No. 1 - CIC Utility Improvements April 22, 2020 City of Arlington - 1 EXHIBIT A-1 Amendment No. 1 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. Additional services are required to include the following improvements (an Arlington provided graphics of the improvements is included Attachments 1 and 2):  Extend sewer service to an area of approximately 160 acres, to include: conceptual basin sewer network, siting and design of new lift station (Lift Station 16) and force main that will discharge to Lift Station 12. The lift station and force main will be constructed by a private developer (not by traditional public works contract).  168th St NE: approximately 2,800 linear feet of 12-inch water main and fiber optic conduit from 51st Ave NE to 59th Ave NE. These plans will be developed in close coordination with the LS 16 force main plans described previously. The water main and fiber optic will be constructed by a private developer concurrently with the force main described previously (not by traditional public works contract).  51st Ave NE: approximately 2,800 linear feet of 8- or 12-inch gravity sewer and 1,300 linear feet of 12-inch water main along 51st Ave NE and 168th St NE. The gravity sewer and water main will be constructed by a private developer (not by traditional public works contract)  Develop telecommunication standard details and specifications.  Extend fiber optic service from LS 5 to fire station. Additional engineering services include the following tasks. 20-2778 MURRAYSMITH Amend. No. 1 - CIC Utility Improvements April 22, 2020 City of Arlington - 2 \\Arlington\City\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\Amendment No. 1\Murray Smith Amend #1.Docx Task 102 – Additional Project Management (Lift Station 16) Subtasks 102.1 Project Status Reporting Additional status reports of work activities, data needs, and issues requiring City input through weekly project status e-mails and phone calls to City Project Manager. 102.2 Staff Management Additional management of project staff to ensure all services are in conformance with the scope of services, budget, and schedule. 102.3 Invoices and Budget Oversight Additional project cost monitoring and budget management, including preparation and submission of monthly invoices and progress reports. 102.4 Project Schedule Additional preparation and updates to project schedule for use throughout the project. 102.5 Quality Assurance/Quality Control (QA/QC) Additional management and coordination of in-house quality assurance reviews of all deliverables. 102.6 Project Management Meetings Additional meetings with City Project Manager and/or Developer to discuss project. Murraysmith Deliverables 1. Consultant shall deliver to the City of Arlington a monthly invoice and status report covering:  Weekly e-mail project status reports  Correspondence, e-mails, and other documentation  Updated project schedules (PDF format) City Responsibilities 1. Review project status reports, invoices, and schedule and provide comments to Murraysmith. 20-2778 MURRAYSMITH Amend. No. 1 - CIC Utility Improvements April 22, 2020 City of Arlington - 3 \\Arlington\City\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\Amendment No. 1\Murray Smith Amend #1.Docx Assumptions 1. Anticipated notice to proceed will be on or about April 1, 2020. 2. Project schedule will be developed and maintained using City’s SmartSheet program. 3. Up to two (2) additional updated project schedules will be sent to the City. 4. Up to two (2) additional project management meetings will be attended by up to two (2) Murraysmith staff. Task 207 – Lift Station 16 Sizing, Siting, and Design Subtasks 207.1 Sewer Service and Lift Station – Analysis and Sizing 1. Sewer Flow Development – Delineate area to be served by new lift station and develop flows in alignment with City’s current Comprehensive Sewer Plan and Sub Area Plan for the Cascade Industrial Center. 2. Develop Basin Sewer Network and Lift Station Siting – Develop conceptual sewer network for the basin and for future developments, including the currently planned Woodmansee- owned property. The new lift station will be sited at the Woodmansee development. Conduct one (1) meeting with the City to review the basin network. Document the results of this evaluation in a brief Basin Sewer Service Decision Technical Memorandum. 3. Lift Station, Force Main, Water Main, Sanitary Sewer, and Fiber Optic Plans (30% Design Completion Level) – Prepare preliminary design drawings to the 30% design completion level for City review. 4. Lift Station Preliminary Design Report – Prepare preliminary design report that documents the planned sewer network, planning and design criteria, and proposed improvements for the implementation of Lift Station 16. 207.2 Final Design (90%) – Lift Station, Force Main, Water Main, Sanitary Sewer, and Fiber Optic 1. 30% Review and Site Visit with City Staff – Prepare for and attend 30% design review meeting to discuss final design development for the lift station, force main, water main, sanitary sewer, and fiber optic. Prepare meeting agenda and meeting summary (draft and final). Following review meetings, meet with City engineering and operations staff in the field to review specific comments as needed. 2. Plans, Specifications and Estimate (PS&E) – 90% Design Completion Level 20-2778 MURRAYSMITH Amend. No. 1 - CIC Utility Improvements April 22, 2020 City of Arlington - 4 \\Arlington\City\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\Amendment No. 1\Murray Smith Amend #1.Docx  Preliminary design drawings (30% design completion level) will be revised and further developed to incorporate comments from the City’s review of the preliminary design. Develop design plans to approximately the 90% design completion level.  Murraysmith will prepare technical specification to support the design. Sewer lift station and utility specifications will be included on the drawings. 207.3 Final Design (Construction-Ready Drawings) – Lift Station, Force Main, Water Main, Sanitary Sewer, and Fiber Optic 1. 90% Review and Coordination Meetings with City Staff – Prepare for and attend 90% design review meetings with City engineering and operations staff to discuss review comments and gather input on key issues related to lift station, force main, water main, sanitary sewer, and fiber optic design. Prepare meeting agenda and meeting summary (draft and final). 2. Final Construction-Ready Plans and Specifications  The 90% design package will be revised to incorporate comments from the City’s review of the 90% design. Develop design plans, specifications, and engineer’s opinion of probable construction cost that are ready for construction.  Submit stamped and signed construction-ready plans and specifications to the City. Murraysmith Deliverables 1. Agenda and summary of all meetings (draft and final) 2. Conceptual sewer system layout in electronic format (PDF). 3. Draft Basin Sewer Service Decision Technical Memorandum submitted to the City in electronic format (PDF and Word) for review and comment. Final Technical Memorandum to be submitted following the City’s review. 4. 30% preliminary plans, at half size (11x17) and engineer’s opinion of probable construction cost will be prepared for the lift station, force main, water main, and fiber optic and submitted to the City in electronic format (PDF) for review and comment. 5. Draft Lift Station Preliminary Design Report submitted to the City in electronic format (PDF and Word) for review and comment. Final Preliminary Design Report to be submitted following the City’s review. 6. 90% plans at half size (11x17) and engineer’s opinion of probable construction cost will be prepared and submitted to the City in electronic format (PDF and Word) for review and comment. 20-2778 MURRAYSMITH Amend. No. 1 - CIC Utility Improvements April 22, 2020 City of Arlington - 5 \\Arlington\City\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\Amendment No. 1\Murray Smith Amend #1.Docx 7. Final stamped and signed plans at half size (11x17) and full size (22x34) and engineer’s opinion of probable construction cost will be prepared and submitted to the City in electronic format (PDF and Word). City Responsibilities 1. City will provide Murraysmith current GIS mapping, aerial imagery, and LiDAR. 2. Complete review of the design submittals, engineer’s opinion of probable construction cost, and all supporting documentation and provide one compiled written set of comments prior to each review meeting. 3. City or Developer will be responsible for preparing permits, easements, and coordinating project elements with key stakeholders, including WSDOT, franchise utilities, and public as affected by the project. Assumptions 1. Architectural, structural, HVAC and plumbing design for LS 16 will be completed by others. 2. Lift station, force main, water main, sanitary sewer, and fiber optic along the 168th St NE corridor will be constructed by Developer. No public works bid package required. 3. Design submittals for the utilities (force main, water main, sanitary sewer, fiber optic) and lift station can be prepared and submitted separately in order to expedite construction timeline. 4. Design plans for the lift station, 168th St NE, and 51st Ave NE utilities are anticipated to include up to 27 sheets as outlined in the preliminary drawing list at the end of this scope of work. 5. Design review meetings will be attended by up to two (2) Murraysmith team members. 6. City review period is assumed to be two (2) weeks. 7. Review comments will be received in a complete, single submittal. 8. No Critical Areas Study is required. 9. City standard details will only be referenced in the plans and not included on the Contract Plans. 20-2778 MURRAYSMITH Amend. No. 1 - CIC Utility Improvements April 22, 2020 City of Arlington - 6 \\Arlington\City\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\Amendment No. 1\Murray Smith Amend #1.Docx Task 208 – Telecommunication Standard Plans and Specifications Subtasks 208.1 Prepare Draft Standard Plans and Specifications Prepare draft telecommunication standard plans and specifications. Submit the draft standards for City review and comment. 208.1 Prepare Final Standard Plans and Specifications Update the telecommunication standard plans and specifications to incorporate the City’s review comments. Submit the final standard plans to the City. Murraysmith Deliverables 1. Draft Standard Plans and Specifications in electronic format (AutoCAD, PDF, and MS Word). 2. Final Standard Plans and Specifications in electronic format (AutoCAD, PDF, and MS Word). City Responsibilities 1. Provide AutoCAD and MS Word template (if desired) for standard plans and specifications. 2. Complete review of the draft standard plans and specifications and provide one compiled written set of comments. Assumptions 1. Up to five telecommunication standard plans will be prepared, to include pull boxes, hand holes, building entrances, and trench details. Task 209 – Telecommunication Extension to Fire Station Subtasks 208.1 30%, 90%, and Final Bid Ready Submittals Develop plans for extending fiber optic service from LS #5 to Arlington’s Fire Station. Murraysmith Deliverables 1. Additional design will be incorporated into the project deliverables (30%, 90%, and bid- ready) described in the original contract. 20-2778 MURRAYSMITH Amend. No. 1 - CIC Utility Improvements April 22, 2020 City of Arlington - 7 \\Arlington\City\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\Amendment No. 1\Murray Smith Amend #1.Docx Assumptions 1. Plans will be prepared using available GIS and aerial imagery. 2. Approximately two (2) additional plan sheets are anticipated. Task 210 – Subconsultant Services This task will provide services from two (2) subconsultants that are required to provide information for the design of the proposed lift station. Murraysmith will coordinate these services to ensure all project requirements are included in the final design and construction documents as required. Subtasks 210.1 Electrical Engineering (Industrial Systems) Industrial Systems (IS) will provide electrical engineering design services in support of the proposed lift station and provide electrical and I&C engineering plans, specifications, and cost estimates for the 90% and 100% design submittals. These services, deliverables, and assumptions are described in detail in IS’s proposal (Attachment 2). Lift Station 16 Preliminary Drawing List Sheet No. Sheet Sheet Name 1 G-1 Cover Sheet 2 G-2 General Notes, Symbols and Abbreviations 3 C-1 Site Plan 4 U-1 168th St NE Utilities Plan (FM, WM, FO) - 1 5 U-2 168th St NE Utilities Plan (FM, WM, FO) - 2 6 U-3 168th St NE Utilities Plan (FM, WM, FO) - 3 7 U-4 168th St NE Utilities Plan (FM, WM, FO) - 4 8 U-5 168th St NE Utilities Plan (FM, WM, FO) - 5 9 U-6 51st Ave NE Utilities Plan (WM, SS) – 1 10 U-7 51st Ave NE Utilties Plan (WM, SS) – 2 11 M-1 Mechanical Plan and Sections 12 M-2 Mechanical Details-1 13 M-3 Mechanical Details-2 14 E-1 Electrical General Notes and Abbreviations 15 E-2 Electrical Symbols and Legend 16 E-3 Electrical One Line Diagram 17 E-4 Electrical Site Plan 18 E-5 Electrical Details 19 E-6 Typical Wiring Diagrams 20 E-7 Pump Station Building Power and Instrumentation 20-2778 MURRAYSMITH Amend. No. 1 - CIC Utility Improvements April 22, 2020 City of Arlington - 8 \\Arlington\City\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\Amendment No. 1\Murray Smith Amend #1.Docx 21 E-8 Pump Station Building Lighting and Grounding 22 E-9 Electrical Panel Schedule & Circuit Schedule 23 I-1 Control Panel Arrangement 24 I-2 Control Panel Power & Fusing 25 I-3 SCADA Communications Network Diagram 26 I-4 Terminal Arrangements 27 I-5 Interconnection Details 28 I-6 I/O Sheet 1 29 I-7 I/O Sheet 2 EXHIBIT B-1 AMENDMENT NO. 1 CASCADE INDUSTRIAL CENTER UTILITY IMPROVEMENTS PROJECT CITY OF ARLINGTON PROPOSED FEE ESTIMATE ESTIMATED FEES Principal Engineer VI Principal Engineer II Professional Engineer IX Professional Engineer VI Professional Engineer III Technician IV Administrative III Administrative I Hours Labor Total Elec/I&C$86.4548 $72.7933 $62.3428 $59.2308 $39.4231 $42.6544 $35.9736 $25.7448 TJP BMC NPH JES YQ/SEO HCM PLD JFW Industrial Systems Task 102 - Additional Project Management (Lift Station 16) Task 102.1 - Project Status Reporting 2 4 6 362$ -$ -$ 362$ Task 102.2 - Staff Management 2 4 6 362$ -$ -$ 362$ Task 102.3 - Invoices and Budget Oversight 2 3 1 6 252$ -$ -$ 252$ Task 102.4 - Project Schedule 3 3 178$ -$ -$ 178$ Task 102.5 - Quality Assurance/Quality Control (QA/QC)3 3 259$ -$ -$ 259$ Task 102.6 - Project Management Meetings 4 4 8 486$ -$ -$ 486$ Task 102 Subtotal 3 0 8 17 0 0 3 1 32 1,899$ -$ -$ -$ 1,899$ Task 207 - Lift Station 16 Sizing, Siting and Design Task 207.1 - Sewer Service and Lift Station - Analysis and Sizing Sewer Flow Development 2 2 4 8 2 18 908$ -$ 36$ 944$ Develop Basin Sewer Network 4 4 8 12 4 32 1,658$ -$ 72$ 1,730$ Lift Station, Force Main, Water Main, Sewer, and Fiber Optic Plans (30%)3 4 22 46 40 2 117 5,342$ -$ 720$ 6,062$ Lift Station Preliminary Design Report 3 3 16 16 4 4 46 2,257$ -$ 72$ 2,329$ Task 207.2 - Final Design (90%) - Lift Station, Force Main, Water Main, Sewer, and Fiber 14 9 44 68 44 4 183 8,847$ -$ 792$ 9,639$ Task 207.3 - Final Design (Construction-Ready Drawings) - Lift Station, Force Main, Water Main, Sewer, and Fiber Optic 12 2 34 40 24 4 116 5,716$ -$ 432$ 6,148$ Task 207 Subtotal 0 38 24 128 190 118 0 14 512 24,728$ -$ -$ 2,124$ 26,852$ Task 208 - Telecommunication Standard Plans and Specifications Task 208.1 - Prepare Draft Standard Plans and Specifications 1 5 5 10 10 2 33 1,567$ -$ 180$ 1,747$ Task 208.2 - Prepare Final Standard Plans and Specifications 1 1 3 5 5 2 17 788$ -$ 90$ 878$ Task 208 Subtotal 2 0 6 8 15 15 0 4 50 2,355$ -$ -$ 270$ 2,625$ Task 209 - Telecommunication Design - Extension to Fire Station Task 209.1 - 30%, 90%, and Final Bid Ready Submittals 2 6 12 12 32 1,465$ -$ 216$ 1,681$ Task 209 Subtotal 0 0 2 6 12 12 0 0 32 1,465$ -$ -$ 216$ 1,681$ Task 210 - Subconsultant Services Task 210.1 - Electrical/I&C (Industrial Systems)4 4 237$ 31,962$ 31,962$ -$ 32,199$ Task 210 Subtotal 0 0 0 4 0 0 0 0 4 237$ 31,962$ 31,962$ -$ 32,199$ TOTAL - ALL TASKS 5 38 40 163 217 145 3 19 630 30,684$ 31,962$ 31,962$ 2,610$ 65,256$ Subtotal Direct Salary Cost (DSC) 432 2,766 2,494 9,655 8,555 6,185 108 489 $ 30,684 Total Labor Cost (Overhead on DSC), 202.74% 1,308 8,374 7,550 29,230 25,899 18,724 327 1,480 $ 92,892 Total Fee (Total Labor Cost), 12% Profit plus Expenses 1,465 9,379 8,456 32,738 29,007 20,971 366 1,658 $ 104,039 $ 31,962 $ 2,610 $ 138,611 Total Fee $ 138,611 Subconsultants Subconsultant Total Expenses City of Arlington April 22, 2020 G:\PDX_BD\Clients\Arlington, WA\Cascade Industrial Center Utility Improvements\Scope_Fee\Amendment 1 - 2020-03\Exh B-1 - Amendment No. 1 Fee Est - 2020-04-20 Murraysmith Amendment No. 1 - CIC Utility Improvements Page 1 City of Arlington Council Agenda Bill Item: WS #4 Attachment D . and as available funding has allowed. We are now ready to construct the section of 173rd St from Smokey Point Blvd to approx. 350’ east of 40th Ave; this section is referred to as 173rd St, Phase 1. This update will include project earthwork to account for changes from the construction road, addition of City standard streetlights, water main extension, and City of Arlington Scope of Services Update and Final Design for 173rd St. - Phase 1 INTRODUCTION The purpose of this Scope of Services is to update the 2011 173rd Street NE construction documents for Phase 1 (from approximately station 10+50 to 30+00) to address/incorporate the following: - Support and partner with the City in a community outreach meeting, and - Address and update design of roadway plan and profile for any impacts associated with construction of a temporary access road within the 173rd St NE alignment, and - Assess the Jan 2019 updated noise analysis memorandum and Washington state Department of Transportation (WSDOT) interpretation to develop recommendations and design of a neighborhood sound and privacy fencing, and - Update the project stormwater analysis and design to change from the current stormwater design from a “rain garden” bio-infiltration system to a Department of Ecology approved subsurface bio-infiltration system, and - Provide for the analysis and design of street and pedestrian lighting consistent with City of Arlington standards, and - Provide design for the extension of a 12-inch ductile iron water main from the east end on this project alignment (approximately station 22+00) to the west end of this project alignment (station 10+00). The Consultant’s services shall be limited to those expressly set forth herein. If the service is not specifically identified herein, it is expressly excluded. The Consultant shall have no other obligations, duties or responsibilities associated with the project except as expressly provided in this Agreement. Services provided by the Consultant consist of: GENERAL SCOPE OF SERVICES Task 1 – Project Management and Coordination Task 2 – Community Outreach Task 3 – Stormwater Task 4 – Update existing construction documents (Plans, Specifications and Opinion of Cost) Task 5 - Bidding Assistance UPDATE AND FINAL DESIGN FOR 173RD STREET NE PHASE 1 Agreement with Perteet Inc. April 2020 2 SCOPE OF SERVICES DEFINED Task 1 – Project Management and Coordination Overall project management and coordination work elements include: 1.1 Provide and control project design budget and schedule. Preparation of monthly progress reports and invoices. Project staff coordination. 1.2 Coordination with City staff. The Consultant will communicate with the City’s project manager by telephone and/or e-mail. Task 2 Community Outreach The Consultant will assist the City with preparation and presentation at one community- neighborhood outreach meeting. Consultant will collaborate with City staff in presenting components of the 173rd St, Phase 1 project to the community. A core component of these meetings, and a major concern to the neighbors, is inclusion in this project of a sound and privacy fencing. The meetings will discuss analysis and research completed to arrive at the recommended sound and privacy fencing solution included as part of this project. Outreach meeting will also include explanation and presentation of other aspects of the corridor project; pedestrian multiuse train, street and pedestrian lighting, landscaping, drainage, etc. Deliverables: • Graphics, PowerPoint slides, flier, community information • Consultant to attend one community outreach meeting. Task 3 – Stormwater This task consists of the following sub-tasks: Task 3.1 – Drainage Re-design Feasibility Analysis Instead of the current drainage design that utilizes rain gardens to treat and infiltrate stormwater runoff associated with the project site, the City wishes to explore other methods of water quality treatment and flow control that are much less maintenance intensive. The Consultant will review the current drainage plans and stormwater memorandum and look for an alternative drainage design that is feasible and acceptable to the City and compliant with state standards. Alternative design options explored and determined to be feasible or infeasible will be summarized in a brief technical memorandum to be provided at the conclusion of this sub-task. If there is an option determined to be feasible, up to two (2) exhibits will be created showing a schematic representation of what that option would look like. UPDATE AND FINAL DESIGN FOR 173RD STREET NE PHASE 1 Agreement with Perteet Inc. April 2020 3 If there are no other feasible options, then the remaining stormwater sub-tasks will not be necessary. It should be noted that other design options may require a larger minimum separation to groundwater than what is allowed for Rain Gardens. Assumptions: • The same design criteria applied to the current design will also be applied to the options considered. Deliverables: • Technical Memorandum – Up to 3 pages, not including appendices (PDF format) Task 3.2 – Update Stormwater Technical Memorandum If an alternative drainage design is found to be both feasible and acceptable to the City, the Consultant will update the Stormwater Technical Memorandum. Calculations will also be revised and included in an appendix of the memorandum. Deliverables: • Stormwater Technical Memorandum – PDF format Task 4 – Bid Documents and Opinion of Costs The Consultant will prepare design and the bid documents including the preparation of final bid advertisement ready documents for construction. 4.1. Plan and Profile Update The Consultant will compare City provided current as-built topographic survey with the current design plan and profile. Consultant will update the 173rd drawing and quantitates previously prepared. The City will provide an updated topographic survey and terrain model for use in the design. The consultant updated earthwork quantities and cross sections to reflect the existing condition. Deliverables: • Updated Plan and Profile Plans, Specs and Opinion of Cost to be included in 95% submittal. 4.2. Sound and Privacy Fencing The Consultant will review the original 173rd Street 2011 Noise Analysis report, the Jan 2019 Updated Noise Analysis Memorandum, and the WSDOT interpretation of the Jan 2019 memorandum to identify several fencing alternatives that will meet the requirements for privacy and noise mitigation. The consultant will contact vendors and obtain samples materials to be presented to the City for evaluation and also used in community outreach efforts. UPDATE AND FINAL DESIGN FOR 173RD STREET NE PHASE 1 Agreement with Perteet Inc. April 2020 4 Based upon community input, cost, and performance, the Consultant will recommend to the City a privacy and sound fence system to be installed as part of this project. Upon approval by the City, Consultant will include the necessary details in the construction documents. Deliverables: • Updated Plan and Profile Plans, Details, Specs and Opinion of Cost to be included in 95% submittal. 4.3. Revised Storm Design If an alternative drainage design is found to be both feasible and acceptable to the City, the Consultant will update the drainage plans, specifications and opinion of cost to include the City selected new stormwater drainage system. Deliverables: • Updated Drainage Plans, Specs, Details, and Opinion of Cost included in 95% submittal. 4.4. Illumination Design The Consultant will design an illumination system for the project limits between Smokey Point Blvd and 40th. Illumination style, spacing and candle-foot power at ground level shall follow standards used on the Arlington Valley Road project. Assumptions: • New illumination plan and detail sheets will be added using the plan and profile as a template (4 sheets) • Service will be obtained from the signal at Smoky Point Blvd and/or the existing system on 40th. • Luminaires to be located along the southside, between the path and roadway. Deliverables: • Illumination Plan, Specs, Details, and Opinion of Cost included in 95% submittal. 4.5. Waterline Design The Consultant will design and add a 12-inch domestic waterline to the construction documents from Smokey Point Blvd to 40th Avenue. The water line will tie into the existing system on either end and will include hydrants where necessary. UPDATE AND FINAL DESIGN FOR 173RD STREET NE PHASE 1 Agreement with Perteet Inc. April 2020 5 Assumptions: • New waterline plan and detail sheets will be added using the plan and profile as a template (4 sheets) Deliverables: • Waterline design and detail included in 95% submittal. 4.6. 95% Design Package (PS&E) 4.6.1 95% Specifications The Consultant will prepare Contract Documents (“Specifications”) for the 95% submittal. The specifications will include an invitation to bid, information for bidders, a proposal form, bid bond form and the City’s standard contract documents, all provided by the City. The Project Description section of the specifications will include any project specific information including special provisions for items not covered in the WSDOT Standard Specifications (2018). The bid schedule will not be prepared for this submittal – it will be prepared for the Final Check-Print submittal. 4.6.2 95% Opinion of Costs The Consultant will calculate 95% level quantities and prepare an opinion of construction costs based upon the plan view exhibit and current unit bid prices. 4.6.3 95% QA/QC An internal quality assurance/quality control review of deliverables will be conducted before the submittal to the City, as well as confirmation that comments received have been addressed. A record of comments received will be maintained. Assumptions: • The City will complete a survey and provide an updated basemap and terrain model. • The fence alignment from the 173rd Street Extension Project will be used as-is. • The City will provide the standard boiler-plate contract documents. • General special provisions will not be provided. • Amendments and wage rates will not be included in the Specifications. • Site specific traffic control plans will not be prepared for this project. • The City will provide all review comments to the Consultant at one time, resolving conflicting comments if any, prior to submitting review comments to the Consultant. Deliverables: • Electronic copy of the 95% plans in PDF format via email. • Electronic copy of the 95% specifications in Microsoft Word format via email. • Electronic copy of the 95% opinion of costs summary in PDF format via email. UPDATE AND FINAL DESIGN FOR 173RD STREET NE PHASE 1 Agreement with Perteet Inc. April 2020 6 4.7. Final Bid Documents Final Check Print Bid Documents The Consultant will revise the 95% plans, specifications and opinion of cost based on the City’s comments and prepare a final, ad ready package. This will include the preparation of the Bid Schedule to be included in the Specifications. The Consultant will submit the final bid documents, including the Bid Schedule(s), to the City for a final check print before assembling the complete contract documents. Final QA/QC An internal quality assurance/quality control review of deliverables will be conducted before the submittal to the City, as well as confirmation that comments received have been addressed. A record of comments received will be maintained. Final Signed Bid Documents Final comments from the City based on the check print are assumed to be minor in nature and not reflect any significant changes to design. Final comments will be incorporated into the final bid documents that will then be stamped and signed. Assumptions: • It is assumed that the City will provide one set of City review comments to the Consultant, reflective of all City staff comments, for the plans, specifications, and opinion of cost. • The City will provide Builders Exchange with a camera-ready or electronic set of Contract Specifications for purposes of their scanning and contract document distribution during bidding. Deliverables: • Electronic copy of the final plans, half size and full size signed plans, and specifications, submitted in PDF format via e-mail, suitable for publishing to Builders Exchange website. • Electronic copy of the final opinion of costs summary submitted in PDF format via e-mail. Task 5 – Bidding Assistance The Consultant will respond to Contractor questions as requested by the City during the bidding process. The Consultant will also assist in preparing up to two (2) minor addendums, if required. The effort for the preparation of addendums is limited to the fee identified in the fee worksheet. UPDATE AND FINAL DESIGN FOR 173RD STREET NE PHASE 1 Agreement with Perteet Inc. April 2020 7 Assumptions: • The City will prepare the bid tabulations. • The City will review the bids received to determine bid award. • The City will finalize and distribute Addendums to Builders Exchange during the bidding process. Deliverables: • Electronic copies of addendums in PDF format, if required. Supplemental Information Optional Services The Consultant may provide additional services as directed by the City which are not identified in this Scope of Services. Additional services shall not commence without written authorization and approval from the City and a supplement to the contract. Time for Completion It is assumed that this scope of services will not exceed a four (4) month duration from the date the Consultant receives a notice to proceed from the City. It is anticipated the Consultant will receive notice to proceed on or before September 19, 2018 and Consultant materials will be completed by January 19, 2018. Project Deliverables The documents, exhibits or other presentations for the work covered by this Agreement (“Documents”) shall be furnished by the Consultant to the City upon completion of the various phases of the work. Whether the Documents are submitted in electronic media or in tangible format, any use of the Documents on another project or on extensions of this project beyond the use for which they were intended, or any modification of the Documents, or conversion of the Documents to an alternate system or format shall be without liability legal exposure to the Consultant. The City shall assume all risks associated with such use, modifications, or conversions. The Consultant may remove from the electronic Documents delivered to City all references to Consultant’s involvement and will retain a tangible copy of the Documents delivered to City which shall govern the interpretation of the Documents and the information recorded. Electronic files are considered working files only-Consultant is not required to maintain electronic files beyond 90 days after final project billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. See deliverables under each task for those items the Consultant will provide. Services Not Included in this Scope of Services: • Topographic field survey. • Utility coordination. • Construction management services. Project Client PM Updated & Final Design for 173rd ST NE Phase 1 City of Arlington Dan Hansen Contract Start Date Contract End Date Contract Duration: 5/11/2020 10/1/2020 5 Months Last Update date Perteet Project No. 4/13/2020 2011044.002 Principal Sr. Associate Lead Engineer / Mgr Engineer II Engineer II Engineer I Lead Technician/ Designer Lead Technician/ Designer Accountant Total Hours Labor Dollars Task Billing Rate $250.00 $215.00 $170.00 $130.00 $130.00 $110.00 $130.00 $130.00 $100.00 Task 1 - Project Management and Coordination 1.1 Project Budget, Schedule, Progress Reports and Invoices 1.00 8.00 3.00 $1,910.00 1.2 Coordination with City 8.00 $1,360.00 Total Task 1 - Project Management and Coordination 1.00 0.00 16.00 0.00 0.00 0.00 0.00 0.00 3.00 $3,270.00 Mitigation 2.00 8.00 4.00 8.00 $3,420.00 Total Task 2 - Community Outreach and Sound Mitigation 2.00 0.00 8.00 4.00 0.00 0.00 8.00 0.00 0.00 $3,420.00 Task 3 - Stormwate Anaylsis 3.1 Drainge Redesign and Feasibility Analysis 6.00 32.00 $5,450.00 3.2 Updated Stormwater Memo 6.00 10.00 $2,590.00 Total Task 3 - Stormwate Anaylsis 0.00 12.00 0.00 0.00 42.00 0.00 0.00 0.00 0.00 $8,040.00 Task 4 - Bid Documents and Opinion of Costs 4.1 Plan and Porfile Update 12.00 32.00 12.00 $7,760.00 4.2 Sound Attenuating Fence 4.00 14.00 16.00 $4,580.00 4.3 Revised Storm Drainage 12.00 40.00 8.00 $8,820.00 4.4Illumination Design 4.00 16.00 12.00 $4,000.00 4.5 Waterline Design 4.00 12.00 8.00 $3,280.00 4.6 95% Design Package PS&E 4.6.1 Specifications 40.00 8.00 $7,840.00 4.6.2 95% Opinion of Cost 2.00 12.00 8.00 $2,940.00 4.6.3 QA/QC 8.00 $2,000.00 4.7 Final Bid Documents 2.00 4.00 20.00 20.00 20.00 4.00 16.00 16.00 $14,560.00 Total Task 4 - Bid Documents and Opinion of Costs 10.00 16.00 86.00 90.00 76.00 20.00 64.00 24.00 0.00 $55,780.00 Task 5 - Bidding Assistance 8.00 8.00 $2,400.00 Total Task 5 - Bidding Assistance 0.00 0.00 8.00 0.00 0.00 0.00 8.00 0.00 0.00 $2,400.00 Total Hours 13.00 28.00 118.00 94.00 118.00 20.00 80.00 24.00 3.00 Total Dollars $3,250.00 $6,020.00 $20,060.00 $12,220.00 $15,340.00 $2,200.00 $10,400.00 $3,120.00 $300.00 $72,910.00 Expenses: Mileage - $.58 93 Totals:93 Page 1 of 3v7.6.753 (DANH) - SUMMARY Labor $72,910.00 Expenses $93.00 Subconsultants $0.00 CONTRACT TOTAL $73,003.00 City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: April 27, 2020 SUBJECT: Ordinance to Extend Land Use Deadlines due to COVID-19 ATTACHMENTS: Ordinance DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director – 360-403-3457 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: This interim ordinance is in response to the Stay Home, Stay Healthy order from the Governor to temporarily postpone the expiration dates of development permits for an additional six months. HISTORY: Non-essential construction activities have been suspended due to the Stay Home, Stay Healthy order from the Governor. Extending the expiration date on development permits will provide some relief to contractors completing projects. ALTERNATIVES: Remand to staff for further information. RECOMMENDED MOTION: Workshop; discussion only. At the May 4, 2020 Council meeting, the recommended motion will be, “I move to approve the interim ordinance in response to the COVID-19 pandemic regarding land use actions and deadlines and declaring an emergency, and authorize the Mayor to sign the ordinance.” ORDINANCE NO. 2020-XXX 1 ORDINANCE NO. 2020--XXX AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CERTAIN SECTIONS OF THE ARLINGTON MUNICIPAL CODE CHAPTER 20.64 RELATING TO FLOODPLAIN REGULATIONSIN RESPONSE TO THE COVID-19 PANDEMIC TEMPORARILY POSTPONING EXPIRATION OF DEVELOPMENT APPLICATIONS AND APPROVED LAND USE ACTIONS AND CONSTRUCTION PERMITS AND TEMPORARILY TOLLING PROCEDURAL DEADLINES; AUTHORIZING ADMINISTRATIVE INTERPRETATIONS AND DECLARING AN EMERGENCY WHEREAS, the World Health Organization has determined that a pandemic exists due to the global spread of a highly contagious virus commonly known as COVID-19; and WHEREAS, a state of emergency has been declared by the federal, state, county, and municipal governments in response to the pandemic; and WHEREAS, on March 23, 2020, Governor Jay Inslee issued Emergency Proclamation 20- 25 (“Stay Home, Stay Healthy order”) requiring all people in Washington State to immediately cease leaving their home or place of residence except to conduct or participate in essential activities and/or for employment in essential business services; and WHEREAS, on March 25, 2020, Governor Inslee provided official guidance stating that construction activities are not considered essential under Proclamation 20-25, except in limited circumstances; and WHEREAS, the pandemic and the emergency declarations and proclamations are causing delays for an indeterminate period of time in the construction, inspection, and review of development projects with an active application or permit with the City of Arlington and will cause delays with any project or permit applications filed during the state of emergency; and WHEREAS, a number of land use and permit review statutes and municipal code provisions, including chapter 36.70B RCW and Title 20 of the Arlington Municipal Code, impose certain time limitations and process requirements, such as public hearings, on development permit applications that are not achievable in the current emergency while complying with the Governor’s proclamations; and WHEREAS, the City Council wishes to encourage a continuation of construction activity delayed by the emergency restrictions and by the economic impacts of the pandemic through postponement of the deadlines and expiration dates for applications and permits; and ORDINANCE NO. 2020-XXX 2 WHEREAS, the City Council further recognizes the necessity for staff telecommuting, for City compliance with the Governor’s restrictions on non-essential activities, and for prioritizing work to address the emergency conditions; and WHEREAS, this public health and economic crisis creates a time-sensitive emergency requiring the use of an interim zoning ordinance extending development application processing and permit expiration time periods to provide additional time; and WHEREAS, this interim ordinance is intended to be temporary until public health and economic conditions improve and the provisions of this Ordinance are procedural in nature, in that they only modify the amount of time an application or an issued permit remains viable. Accordingly, this Ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act pursuant to WAC 197-11-800(19) and does not require transmittal to the Washington State Department of Commerce for comment; and WHEREAS, the City Council finds that it is in the public interest to adopt this interim Ordinance and that such Ordinance is necessary for the immediate protection of the public health, safety, property, or peace; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON DOES ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The Recitals set forth above are adopted as the Findings of Fact required pursuant to RCW 36.70A.390. Section 2. Extensions of Development Applications and Permits. A. This section relates to all development project applications and permits, including those under Titles 12, 13, 15, 16, and 20 of the Arlington Municipal Code. B. A permit or development approval (for example, a preliminary subdivision plat or preliminary PUD) that was active and valid as of March 25, 2020, shall not lapse, terminate, or otherwise expire prior to the expiration of this interim Ordinance, and the expiration date of the permit or development approval or time period for meeting a deadline or for performance of a condition of the permit or development approval shall be either the time currently provided by code or the expiration of this interim Ordinance, whichever date is later, unless the specific time period is required by state law and cannot be waived. C. Any application that is currently actively processing or that is determined to be complete while this interim Ordinance is effective, will not be lapsed, cancelled, or expired prior to the expiration of this interim Ordinance, and the time period for meeting a deadline or for performance of a condition of the application (including deadlines for obtaining permits that are ready for issuance) shall be either the time currently provided by code or the expiration of this interim Ordinance, whichever ORDINANCE NO. 2020-XXX 3 date is later, unless the specific time period is required by state law and cannot be waived. D. Application processing deadlines and timelines relating to project permit applications processed under Title 20 AMC, including but not limited to requirements for issuing a notice of decision, are suspended and will be tolled while the Governor’s emergency proclamations are in effect. Section 3. State Law. The Council recognizes that in addition to the City’s local ordinances and regulations there are associated state statutory deadlines and timelines in Chapters 36.70A, 36.70B, 43.21C, 58.17, and 90.58 RCW, among others, which the Council does not have the authority to waive or extend. If the Governor issues an emergency proclamation or other order providing relief from state statutory deadlines and other requirements for development projects, the Council authorizes the Community Development Director, Public Works Director, and/or Fire Marshal, as applicable, to implement or adopt any available measures or relief from those statutory deadlines and requirements provided such interpretations are temporary and consistent with the intent and purpose of this Ordinance. Section 4. Director Interpretations. Council further authorizes the Community Development Director, the Public Works Director, and/or the Fire Marshal, as applicable, to issue temporary procedural interpretations to address deadlines or other requirements related to development activities that were not specifically addressed in this Ordinance, provided such interpretations are temporary and consistent with the intent and purpose of this Ordinance. Section 5. Public Hearing. Pursuant to RCW 36.70A.390, a public hearing on the interim official controls established by this Ordinance shall be held within sixty (60) days of the adoption of this Ordinance to hear and consider public comment. Section 6. Effective Date. This Ordinance, passed by at least a majority plus one of the whole membership of the City Council as a public emergency ordinance necessary for the immediate preservation of the public peace, health, property, or safety and for the immediate support of City government and its existing public institutions, shall be effective immediately upon its adoption as provided in RCW 35A.13.190. Section 7. Expiration. The City Council adopts this interim regulation under the authority of RCW 36.70A.390. Therefore, the interim controls adopted herein shall be in effect for a period of six (6) months from the effective date of this Ordinance and shall automatically expire after a period of six months, unless extended as provided by statute or otherwise superseded by action of Council, whichever occurs first. Because this is an interim ordinance only, it shall not be codified. The City Clerk is directed to publish this ordinance or a summary thereof at the earliest possible date. Section 8. Severability. If any section, sentence, clause, or phrase of this ordinance ORDINANCE NO. 2020-XXX 4 should be held to be invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. WHEREAS, the City of Arlington planning staff has reviewed the provisions of Arlington Municipal Code Chapter 20.64 in connection with floodplain regulations; and WHEREAS, the City has worked with the Department of Ecology and the Federal Emergency Management Authority (FEMA) to amend the City’s ordinances for clarity and compliance; and WHEREAS, FEMA has adopted modifications to FEMA’s maps and regulations which will become effective on June 19, 2020; and WHEREAS, the Governor has issued Emergency Proclamation 20-28 which limits public participation and public hearings due to the Coronavirus pandemic; and WHEREAS, the City is required to adopt ordinances implementing the FEMA maps and regulations prior to June 19, 2020; and WHEREAS, the City finds that FEMA published notice in the newspaper and received no comments; and WHEREAS, Arlington Municipal Code (AMC) section 20.96.120(b) permits the City Council to adopt emergency amendments to its development regulations without a public hearing; and WHEREAS, the City Council was briefed on the issue on __________, 2020 and on __________, 2020, the City Council the entire record related to the proposal contained in this ordinance; and WHEREAS, following the same, the City Council deliberated on the code amendment contained in this ordinance and found that amendment of the ordinance was in the best interests of the citizens and the City; and WHEREAS, the City Council finds that the ordinance is consistent with the comprehensive plan of the City, and that the ordinance should be adopted without additional public hearings pursuant to AMC 20.96.120(b); NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: ORDINANCE NO. 2020-XXX 5 Section 1. Arlington Municipal Code section 20.64.010 shall be and hereby is amended to read as follows: 20.64.010 - Statutory authorization. The legislature of the state of Washington has delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Arlington city does ordain as follows: Section 2. Arlington Municipal Code section 20.64.020(a) shall be and hereby is amended to read as follows: 20.64.020 - Findings of fact. (a) The special flood hazard areas of the city encompass a very small area (two-tenths of one percent) of the developable lands within the corporate limits of the city. These areas are subject to periodic inundation of floodwaters due to storm surges and runoff, which may result in loss of life, property damage, public health and safety hazards, disruption of commerce and governmental services, and other consequences which adversely affect the public health, safety and general welfare[MH1][SP2]. Section[MH3][SP4] 3. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by adding the following additional definitions, to read as follows[MH5][SP6]: “Alteration of Watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. “Building”: See “Structure”. “Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source. See "Flood or flooding." “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. “Highest adjacent grade” means the highest natural elevation of the ground surface ORDINANCE NO. 2020-XXX 6 prior to construction next to the proposed walls of a structure. “Historic structure” means any structure that is: 1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a) By an approved state program as determined by the Secretary of the Interior, or b) Directly by the Secretary of the Interior in states without approved programs. Impervious Surface: a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Section 4. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by amending the following definitions, to read as follows[MH7][SP8]: "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "one hundred-year flood"). Designated on flood insurance rate maps by the letters A or V. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, subdivision of land, removal of more than 5% of the native vegetation on the property, or alteration of natural site characteristicslocated within the area of special flood hazard. ORDINANCE NO. 2020-XXX 7 "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source;. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in (2) in this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and/or (4)The collapse of subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding as defined in (1) of this definition. "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administratorion has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as the Flood Elevation Study. the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. "Floodplain administrator" means the director of community development, who is hereby deemed to be the city's floodplain administrator to administer and enforce the floodplain management regulations. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.a designated height. "New construction" means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the "start of construction" commenced on or after the effective date of this chapter a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. ORDINANCE NO. 2020-XXX 8 "Protected area" means the greater of the floodway, the channel migration zone plus 50 feet, and the riparian habitat zone within the FEMA mapped special flood hazard area. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (13) Any project for improvement of a structure to correct identified existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (24) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure." Section 5. Arlington Municipal Code section 20.64.060 shall be and hereby is amended to read as follows: 20.64.060 - Basis for establishing the areas of special flood hazard. (a) The areas of special flood hazard identified by the Federal Insurance Administratorion in a scientific and engineering report entitled "The Flood Insurance Study for Snohomish County and Incorporated Areas" (in which the city is incorporated) dated September 16, 2005 June 28, 2019, or as amended, with an accompanying flood insurance rate map (FIRM), as amended, are hereby adopted by reference and declared to be a part of this section. The flood insurance study and the FIRM are on file at Arlington City Hall, 238 North Olympic, Arlington, Washington. The best available information for flood hazard area identification as outlined in subsection (b) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under subsection (b). (b) When base flood elevation data has not been provided (A and V zones) in accordance with subsection (a), the administrator shall use any base flood elevation and floodway data available from a federal, state or other source, in order to comply with Section 20.64.170 (Specific standards for zones A1-30, AH, and AE) and Section 20.64.180 (Specific standards for designated regulatory floodways). ORDINANCE NO. 2020-XXX 9 (c) If such data are not already available, the administrator may rely on a licensed surveyor to provide such information as necessary to reasonably ascertain said zones. Section 6. Arlington Municipal Code section 20.64.100 shall be and hereby is amended to[MH9][SP10] read as follows: 20.64.100 - Supplementary information required with a permit application. In addition to the standard information required on a permit application, the following information is also required for any permits proposing development within a floodway or floodplain, watercourse alteration or relocation: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Elevation certification by a registered professional engineer or architect. (4) Notify adjacent communities and the department of ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administratorion through appropriate notification means. (5) Require Assure that the flood-carrying capacity maintenance is provided withinof the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminishedis maintained[MH11][SP12]. Section 7. A new Arlington Municipal Code section 20.64.125 shall be and hereby is amended to read as follows: 20.64.125 – Flood Hazard Permit Required A. General Requirements 1. No land within the areas of special flood hazard shall hereafter be subdivided or short subdivided, improved, filled, graded or cleared; nor shall any structure, including manufactured homes, be constructed, reconstructed, substantially improved, relocated, or erected on such lands unless the person(s) responsible for such improvements shall first obtain a Flood Hazard Permit for such action in accord with the provisions of Arlington Municipal Code Chapters 20.64. 2. The areas of flood hazard include those identified on the latest version of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), or subsequent floodplain information prepared by the City to show updated flood hazard information, or on site-specific studies if required for development application purposes. Publicly available flood hazard information is available from the Permit Center and Public WorksEngineering. 3. A Habitat Assessment Report is required as part of project permitting to help project proponents and government agencies identify and address potential impacts of a proposed development on protected areas that have potential to adversely affect habitat functions for species listed under the Endangered Species Act (ESA). For the purposes of this assessment, "ESA listed species"include any species listed as endangered, threatened, or being ORDINANCE NO. 2020-XXX 10 considered for listing, and have been documented to be present in streams near and adjacent to the project site. Refer to FEMA Floodplain Habitat Assessment and Mitigation Regional Guidance for the Puget Sound Basin. B. Required Analysis Methods 1. When analysis is required. Projects that displace floodwaters require an engineer’s certification that compensatory storage and no reduction in floodway conveyance will result. Examples of projects exempt from the compensatory storage and conveyance certification analysis requirement include, but are not limited to: (i) Projects in the floodplain that do not involve any activity below the base flood elevation, such as a second story addition (an elevation certificate may still be required, however). (ii) Activities that do not involve recontouring of ground or new fill, such as an on-grade driveway. New or improved structures in the flood fringe (i.e., away from flowing flood water), where no fill is proposed and adequate foundation openings are provided. (iii) New or improved structures constructed on flow-through foundations or pilings where no fill is proposed. The City will verify that the exemption is valid before a permit is issued. 2. Compensatory Storage Required. Development proposals shall not reduce the effective base Page 2 of 3 REV 10/2017 flood storage volume of the floodplain. Grading or other activity which would reduce the effective storage volume must be mitigated by creating compensatory storage either on-site, or approved adjacent off-site location. The compensatory storage must be hydraulically connected to the source of floodwaters and excavated at an elevation at or below the elevation of the filled storage that is being compensated. 3. No Reduction in Floodplain Conveyance. Development proposals shall not reduce the hydraulic capability of the floodplain on-site to convey floodwaters through the property during the base flood event. No rise in base flood elevations is allowed on adjacent properties. Providing this compensatory conveyance capacity can be done in conjunction with the compensatory storage, either on-site or off-site. 4. Floodplain Hydraulic Study. Compliance with the compensatory storage, compensatory conveyance requirements, and other requirements of the Arlington Municipal Code Chapter 20.64 shall be documented in a floodplain hydraulic study prepared by a licensed civil engineer registered in the state of Washington. The following methods shall be used to assess impacts and required mitigation: a. Base flood information, including flood magnitudes, shall be consistent with the latest Flood Insurance Study, or with subsequent reports and data furnished to the applicant by the City. The applicant should verify these assumptions, and whether hydraulic models that represent the current base flood mapping are available, with the City. b. The floodplain hydraulic study shall include site topographic mapping, plans and specifications for proposed grading and structures, surveyed cross-section data and graphs, flood profiles, model input and output data, and any other information necessary to document modeling assumptions, conditions and conclusions. If requested, floodplain study submittals shall be accompanied by electronic copies of floodplain models and topographic maps. ORDINANCE NO. 2020-XXX 11 c. Acceptable modeling methodologies for calculating floodplain conveyance impacts and mitigation are described in Table 1. Alternative methods may be approved by the City. ORDINANCE NO. 2020-XXX 12 Table 1. Acceptable Modeling Methodologies causing obstruction of floodwaters or fill, such as vegetation removal or planting, building improvements that do not increase footprint, maintenance to restore an original permitted Under 10 feet of obstruction width or less than 2 feet of fill, not to exceed 100 square feet oftotal obstruction under base flood. calculation assuming no change in water surface elevation and using appropriate Mannings “n” value. Activities that do not meet the definitions of such as HEC 2 or HEC –RAS. C. Document and Plans Submittal The following documents and plans shall be provided by the applicant at the time the permit application is filed with the City: 1. A complete legal description of the property; parcel number, lot number(s) and name of platted subdivision; or the tax lot number assigned by the County Assessor’s Office, Page 3 of 3 REV 10/2017 together with the Section, Township and Range Number. 2. A topographic survey of the property prepared by a licensed surveyor, with sufficient scale (1”=20’) and contour interval (2’) to adequately assess variations in the ground surface, and based on the City of Arlington datum (NAVD88). 3. Compensatory Storage and Floodplain Conveyance Design. The grading plan shall identify description, location and volume of compensatory storage provided, and features of floodplain conveyance facilities. Calculations and analysis methods shall be documented, as required in Section B (above), in the floodplain hydraulic study prepared by a licensed civil engineer registered in the state of Washington 4. A design of site stormwater drainage in compliance with Chapter 13.28 AMC (if required). 5. Habitat Assessment. 6. Two sets of plans, profiles, sections or sketches, drawn clearly and legibly, showing pertinent distances, dimensions, contours, elevations and details. 7. Permit application. D. Elevation Certificate 1. A preliminary elevation certificate shall be completed and submitted to the City at the time of firstfloor construction. ORDINANCE NO. 2020-XXX 13 2. A final elevation certificate shall be submitted at completion of construction. 3. Elevation certificates shall be completed by or under the supervision of a Washington State Registered Professional Surveyor. Per state law, a licensed engineer cannot sign an elevation certificate. 4. The City shall approve preliminary and final elevation certificates. No acceptance or occupancy shall be granted prior to submittal of the as-built elevation certification. E. Other Permits The City’s approval of this application and permit does not grant approval for drainage work, grading or crossings that may affect streams or wetlands. Contact the City for more information on other permits that may be required for the project. F. Review and Approval An application, when completed on the forms provided by the City, together with required materials described above, will be reviewed by the Designated Official, and, when appropriate and necessary, by other public agency officials, engineers, and persons. Their recommendations will be forwarded to the designated official who will examine, approve or reject drawings, plans, sketches or floodplain analyses for any proposed improvement. The approved application, and approved plans will represent the permit. Section 8. Arlington Municipal Code section 20.64.150(7) shall be and hereby is amended to read as follows: (7) For purposes of this section, "substantial improvement" means for a building constructed on or after prior to the effective date of this title a floodplain management regulation, including, any repair, reconstruction, rehabilitation, addition, or other improvement of a building, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. either: (A) Before the improvement or repair is started or (B) If the structure has been damaged and is being restored, before the damage occurred. "Substantial improvement" occurs when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either: (A) Any project for improvement of a structure to comply correctwith existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which that are solely the minimum necessary to insure assure safe living conditions, or (B) Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. building listed on the National Register of Historic Places or a State Inventory of Historic Places. ORDINANCE NO. 2020-XXX 14 Section 9. Arlington Municipal Code section 20.64.150(8) shall be and hereby is amended to read as follows: (8) No land use or building permit may be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (A) Designed (or modified) and adequately anchored to prevent flotation collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. (B) Constructed with materials and utility equipment resistant to flood damage. (C) Constructed by methods and practices that minimize flood damage. Section 10. Arlington Municipal Code section 20.64.150(9) shall be and hereby is amended to read as follows: (9) Notwithstanding any other provision of this title, no mobile home may be located or relocated within that portion of the floodplain outside of the floodway, unless the following criteria are met: (A) Ground anchors for tie downs are provided. (B) The following tie-down requirements are met: (i) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (Aii) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic, hydrostatic loads, including the effects of buoyancy, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (BC) Lots or pads are elevated on compacted fill or by any other method approved by the administrator so that the lowest habitable floor of the mobile home is at or above the base flood level. (CD) Adequate surface drainage and easy access for mobile home hauler is provided. (DE) Load-bearing foundation supports such as piers or pilings must be engineered. Section 11. Arlington Municipal Code section 20.64.160 shall be and hereby is amended to read as follows: 20.64.160 - General standards. In all areas of special flood hazards, the following standards are required: (1) Anchoring. (A) All new construction and substantial improvements shall be anchored to prevent ORDINANCE NO. 2020-XXX 15 flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (B) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (2) AH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. (3) Construction Materials and Methods. (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (C) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Section 12. Arlington Municipal Code section 20.64.170 shall be and hereby is amended to read as follows: 20.64.170 - Specific standards for zones A1-30, AH, and AE and A. In all areas of special flood hazards where base flood elevation data has been provided (zones A1-30, AH, and AE on the community's FIRM) as set forth in Section 20.64.060 (Basis for establishing the areas of special flood hazard and Use of Other Base Flood Data), the following provisions are required: (1) Residential Construction. (A) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. (B) Fully enclosed areas below the lowest floor that are usable solely for parking, access or storage and that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, ORDINANCE NO. 2020-XXX 16 including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (A) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (C) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the floodplain administrator or building official. (D) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below). (3) Manufactured Homes. (A) All manufactured homes to be placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; (v) Shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. (B) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: (i) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. (4) Recreational Vehicles. Recreational vehicles placed on sites are required to either: (A) Be on the site for fewer than one hundred eighty consecutive days, (B) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (C) Meet the requirements of subsection (c)(3) (Specific standards for zones A1-30, AH, and AE—Manufactured homes), and the elevation and anchoring requirements for manufactured homes. ORDINANCE NO. 2020-XXX 17 Section 13. Arlington Municipal Code section 20.64.190 shall be and hereby is deleted in its entirety. Section 14. Arlington Municipal Code section 20.64.210 shall be and hereby is amended to read as follows: 20.64.210 - AE and A1-30 zones with base flood elevations but no floodways. In areas with base flood elevations (but where a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Section 15. Arlington Municipal Code section 20.64.215 shall be and hereby is amended to read as follows: 20.64.215 - Special provisions for subdivisions all development proposals, including subdivisions and manufactured home parks, shall:. (a) All subdivision proposals shall bBe consistent with the need to minimize flood damage. (b) All subdivision proposals shall hHave public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. (c) All subdivision proposals shall hHave adequate drainage provided to reduce exposure to flood damage. (d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for all development proposals, including subdivisions and manufactured home parks, subdivision proposals and other proposed developments that contain at leastgreater than fifty lots or five acres (whichever is the lesser). (e) All subdivisions are subject to use and construction restrictions contained in Section 20.64.130 (Artificial obstructions within floodways prohibited), Section 20.64.140 (Permissible uses within floodways), Section 20.64.150 (Construction within floodways and floodplains restricted), Section 20.64.180 (Specific standards for designated regulatory floodways) and Section 20.64.220 (Utility systems in floodways and floodplains) if any portion of the land to be subdivided lies within a floodway or floodplain. (f) Final plat approval for any subdivision containing land that lies within a floodway or floodplain may not be given unless the plat shows the boundary of the floodway or floodplain and contains in clearly discernible print the following statement: "Use of land within a floodway or floodplain is substantially restricted by Title 20, Chapter 20.64 of the Arlington Municipal Code." (g) Subject to the following sentence, a conditional use permit or final plat approval for ORDINANCE NO. 2020-XXX 18 any subdivision may not be given if: (1) The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots, and (2) Any portion of one or more of the proposed lots lies within a floodway or floodplain, and (3) It reasonably appears that one or more lots described in Subsections (g)(1) and (2) could not practicably be used as a residential building site because of the restrictions set forth in Section 20.64.150 (Construction within floodways and floodplains restricted), Section 20.64.160 (General standards), and Section 20.64.170 (Specific standards for zones A1-30, AH, and AE and A[MH13][SP14]). Section 16. Arlington Municipal Code section 20.64.240 shall be and hereby is amended to read as follows: 20.64.240 - Additional duties of administrator related to flood insurance and flood control. The administrator shall: (1) For the purpose of the determination of applicable flood insurance risk premium rates within zone A on the city's flood insurance rate map provided by the U.S. Federal Emergency Management Agency: (A) Obtain and record maintain a record of the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures including to which level it was floodproofed and whether or not such structures contain a basement; and (B) Obtain and maintain, a record of the elevation (in relation to mean sea level) to which the structure was for all structures that have been floodproofed (whether or not such structures contain a basement) the elevation (in relation to mean sea level in the FEMA datum) to which the structure was floodproofed; and (C) Maintain the floodproofing certifications found in others sections of this chapter; and (D) The city will track projects which have been issued floodplain development permits, including effects to flood storage and fish habitat and mitigation provided. (E) Maintain a record of all such information for public inspection. (2) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of Engineers, the Washington State Department of Fish and Wildlife, and any effected diking or drainage districts prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Insurance Administrator. (3) Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained and within the same sub-basin so carrying capacity is not diminished. (4) Maintain the records of all appeal actions and report any variances to the Federal ORDINANCE NO. 2020-XXX 19 Insurance Administration upon request. Section 17. Arlington Municipal Code section 20.64.250 shall be and hereby is amended to read as follows: 20.64.250 - Variances from requirements. (a) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1)—(11) in subsection (i), have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. (b) Variances may be issued for the reconstruction, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in this section. (c) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result, or the development may eventually require additional structural flood protection. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) The submittal, review and approval of a biological assessment; (3) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (4) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (f) Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (i)(1), and otherwise complies with Subsection 20.64.160(a) General standards), Subsection 20.64.170(2)(c), and Section 20.64.220 (Utility systems in floodways and floodplains). ORDINANCE NO. 2020-XXX 20 (h) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official is hereby notified that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that will result in increased premium rates for the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (i) In granting a variance, in addition to the findings of Section 20.20.030 (Variances), the decision-maker shall consider and make findings concerning all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and (including the degree to which the applicant proposes to mitigated impacts to) the following: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The impact to ESA listed species and critical habitat; (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (5) The importance of the services provided by the proposed facility to the community; (6) The necessity to the facility of a waterfront location, where applicable; (7) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (8) The compatibility of the proposed use with existing and anticipated development; (9) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; (11) The expected heights, velocity, duration, rate of rise, debris and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (12) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (j) Upon consideration of the factors of subsection (b) and the purposes of this chapter, the decision-maker may attach such conditions to the granting of a waiver, as it deems necessary to further the purposes of this chapter. Section 18. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 19. Emergency Declaration. The City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to protect public health, public safety, public property and/or the public peace. This ordinance shall become effective immediately upon passage. The City Clerk is directed to publish this ORDINANCE NO. 2020-XXX 21 ordinance or a summary thereof at the earliest possible date. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2020. CITY OF ARLINGTON __________________________________ Barbara Tolbert, Mayor Attest: __________________________________ Wendy Van Der Meersche City Clerk Approved as to form: __________________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: WS #6 Attachment F report for the City of Arlington. Because of these updates, certain revisions to the City’s regulations are required. Arlington Municipal Code Chapter 20.64-Floodplain Development Regulations are 20.64-Floodplain Development Regulations, and authorize the Mayor to sign the ordinance.” ORDINANCE NO. 2020-XXX 1 ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CERTAIN SECTIONS OF THE ARLINGTON MUNICIPAL CODE CHAPTER 20.64 RELATING TO FLOODPLAIN REGULATIONS AND DECLARING AN EMERGENCY WHEREAS, the City of Arlington planning staff has reviewed the provisions of Arlington Municipal Code Chapter 20.64 in connection with floodplain regulations; and WHEREAS, the City has worked with the Department of Ecology and the Federal Emergency Management Authority (FEMA) to amend the City’s ordinances for clarity and compliance; and WHEREAS, FEMA has adopted modifications to FEMA’s maps and regulations which will become effective on June 19, 2020; and WHEREAS, the Governor has issued Emergency Proclamation 20-28 which limits public participation and public hearings due to the Coronavirus pandemic; and WHEREAS, the City is required to adopt ordinances implementing the FEMA maps and regulations prior to June 19, 2020; and WHEREAS, the City finds that FEMA published notice in the newspaper and received no comments; and WHEREAS, Arlington Municipal Code (AMC) section 20.96.120(b) permits the City Council to adopt emergency amendments to its development regulations without a public hearing; and WHEREAS, the City Council was briefed on the issue on __________, 2020 and on __________, 2020, the City Council the entire record related to the proposal contained in this ordinance; and WHEREAS, following the same, the City Council deliberated on the code amendment contained in this ordinance and found that amendment of the ordinance was in the best interests of the citizens and the City; and WHEREAS, the City Council finds that the ordinance is consistent with the comprehensive plan of the City, and that the ordinance should be adopted without additional public hearings pursuant to AMC 20.96.120(b); ORDINANCE NO. 2020-XXX 2 NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 20.64.010 shall be and hereby is amended to read as follows: 20.64.010 - Statutory authorization. The legislature of the state of Washington has delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Arlington city does ordain as follows: Section 2. Arlington Municipal Code section 20.64.020(a) shall be and hereby is amended to read as follows: 20.64.020 - Findings of fact. (a) The special flood hazard areas of the city encompass a very small area (two-tenths of one percent) of the developable lands within the corporate limits of the city. These areas are subject to periodic inundation of floodwaters due to storm surges and runoff, which may result in loss of life, property damage, public health and safety hazards, disruption of commerce and governmental services, and other consequences which adversely affect the public health, safety and general welfare. Section 3. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by adding the following additional definitions, to read as follows: “Accessory Structure” means" a minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. “Alteration of Watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. “Base Flood Elevation” (BFE) means the elevation to which floodwater is anticipated to rise during the base flood. “Building”: See “Structure”. ORDINANCE NO. 2020-XXX 3 “Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source. See "Flood or flooding." “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. “Flood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Dry [SS1]flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. "Floodway" [SS2]means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. “Historic structure” means any structure that is: 1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4) Individually listed on a local inventory of historic places in communities ORDINANCE NO. 2020-XXX 4 with historic preservation programs that have been certified either: a) By an approved state program as determined by the Secretary of the Interior, or b) Directly by the Secretary of the Interior in states without approved programs. Impervious Surface: a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground as well as a manufactured home. “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Section 4. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by amending the following definitions, to read as follows: "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "one hundred-year flood"). Designated on flood insurance rate maps by the letters A or V. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, subdivision of land, removal of more than 5% of the native vegetation on the property, or alteration of natural site characteristicslocated within the area of special flood hazard. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source;. ORDINANCE NO. 2020-XXX 5 (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in (2) in this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and/or (4)The collapse of subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding as defined in (1) of this definition. "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administratorion has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as the Flood Elevation Study. the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. "Floodplain administrator" means the director of community development, who is hereby deemed to be the city's floodplain administrator to administer and enforce the floodplain management regulations. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.a designated height. "New construction" means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the "start of construction" commenced on or after the effective date of this chapter a floodplain management regulation adopted by a ORDINANCE NO. 2020-XXX 6 community and includes any subsequent improvements to such structures. "Protected area" means the greater of the floodway, the channel migration zone plus 50 feet, and the riparian habitat zone within the FEMA mapped special flood hazard area. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (13) Any project for improvement of a structure to correct identified existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (24) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure." Section 5. Arlington Municipal Code section 20.64.060 shall be and hereby is amended to read as follows: 20.64.060 - Basis for establishing the areas of special flood hazard. (a) The areas of special flood hazard identified by the Federal Insurance Administratorion in a scientific and engineering report entitled "The Flood Insurance Study for Snohomish County and Incorporated Areas" (in which the city is incorporated) dated September 16, 2005 June 1928, 202019[MH3], or as amended, with an accompanying flood insurance rate map (FIRM), as amended, are hereby adopted by reference and declared to be a part of this section. The flood insurance study and the FIRM are on file at Arlington City Hall, 238 North Olympic, Arlington, Washington. The best available information for flood hazard area identification as outlined in subsection (b) shall be the basis for regulation until a new FIRM is issued which incorporates the ORDINANCE NO. 2020-XXX 7 data utilized under subsection (b). (b) When base flood elevation data has not been provided (A and V zones) in accordance with subsection (a), the administrator shall use any base flood elevation and floodway data available from a federal, state or other source, in order to comply with Section 20.64.170 (Specific standards for zones A1-30, AH, and AE) and Section 20.64.180 (Specific standards for designated regulatory floodways). (c) If such data are not already available, the administrator may rely on a licensed surveyor to provide such information as necessary to reasonably ascertain said zones. Section 6. Arlington Municipal Code section 20.64.100 shall be and hereby is amended to read as follows: 20.64.100 - Supplementary information required with a permit application. In addition to the standard information required on a permit application, the following information is also required for any permits proposing development within a floodway or floodplain, watercourse alteration or relocation: (1) Proposed Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Proposed Elevation in relation to mean sea level to which any structure has been floodproofed; (3)Proposed Elevation certification by a registered professional engineer or architect. (4) Notify adjacent communities and the department of ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administratorion through appropriate notification means. (5) Require Assure that the flood-carrying capacity maintenance is provided withinof the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminishedis maintained. Section 7. A new Arlington Municipal Code section 20.64.125 shall be and hereby is amended to read as follows: 20.64.125 – Flood Hazard Permit Required A. General Requirements 1. No land within the areas of special flood hazard shall hereafter be subdivided or short subdivided, improved, filled, graded or cleared; nor shall any structure, including manufactured homes, be constructed, reconstructed, substantially improved, relocated, or erected on such lands unless the person(s) responsible for such improvements shall first obtain a Flood Hazard Permit for such action in accord with the provisions of Arlington Municipal Code Chapters 20.64. 2. The areas of flood hazard include those identified on the latest version of the ORDINANCE NO. 2020-XXX 8 Federal Insurance Administrator’s ,Emergency Management Agency (FEMA[MH4]) Flood Insurance Rate Maps (FIRM), or subsequent floodplain information prepared by the City to show updated flood hazard information, or on site- specific studies if required for development application purposes. Publicly available flood hazard information is available from the Permit Center and Public WorksEngineering. 3. A Habitat Assessment Report is required as part of project permitting to help project proponents and government agencies identify and address potential impacts of a proposed development on protected areas that have potential to adversely affect habitat functions for species listed under the Endangered Species Act (ESA). For the purposes of this assessment, "ESA listed species"include any species listed as endangered, threatened, or being considered for listing, and have been documented to be present in streams near and adjacent to the project site. Refer to FEMA Floodplain Habitat Assessment and Mitigation Regional Guidance for the Puget Sound Basin. B. Required Analysis Methods 1. When analysis is required. Projects that displace floodwaters require an engineer’s certification that compensatory storage and no reduction in floodway conveyance will result. Examples of projects exempt from the compensatory storage and conveyance certification analysis requirement include, but are not limited to: (i) Projects in the floodplain that do not involve any activity below the base flood elevation, such as a second story addition (an elevation certificate may still be required, however). (ii) Activities that do not involve recontouring of ground or new fill, such as an on-grade driveway. New or improved structures in the flood fringe (i.e., away from flowing flood water), where no fill is proposed and adequate foundation openings are provided. (iii) New or improved structures constructed on flow-through foundations or pilings where no fill is proposed. The City will verify that the exemption is valid before a permit is issued. 2. Compensatory Storage Required. Development proposals shall not reduce the effective base Page 2 of 3 REV 10/2017 flood storage volume of the floodplain. Grading or other activity which would reduce the effective storage volume must be mitigated by creating compensatory storage either on-site, or approved adjacent off-site location. The compensatory storage must be hydraulically connected to the source of floodwaters and excavated at an elevation at or below the elevation of the filled storage that is being compensated. 3. No Reduction in Floodplain Conveyance. Development proposals shall not reduce the hydraulic capability of the floodplain on-site to convey floodwaters through the property during the base flood event. No rise in base flood ORDINANCE NO. 2020-XXX 9 elevations is allowed on adjacent properties. Providing this compensatory conveyance capacity can be done in conjunction with the compensatory storage, either on-site or off-site. 4. Floodplain Hydraulic Study. Compliance with the compensatory storage, compensatory conveyance requirements, and other requirements of the Arlington Municipal Code Chapter 20.64 shall be documented in a floodplain hydraulic study prepared by a licensed civil engineer registered in the state of Washington. The following methods shall be used to assess impacts and required mitigation: a. Base flood information, including flood magnitudes, shall be consistent with the latest Flood Insurance Study, or with subsequent reports and data furnished to the applicant by the City. The applicant should verify these assumptions, and whether hydraulic models that represent the current base flood mapping are available, with the City. b. The floodplain hydraulic study shall include site topographic mapping, plans and specifications for proposed grading and structures, surveyed cross-section data and graphs, flood profiles, model input and output data, and any other information necessary to document modeling assumptions, conditions and conclusions. If requested, floodplain study submittals shall be accompanied by electronic copies of floodplain models and topographic maps. c. Acceptable modeling methodologies for calculating floodplain conveyance impacts and mitigation are described in Table 1. Alternative methods may be approved by the City. ORDINANCE NO. 2020-XXX 10 Table 1. Acceptable Modeling Methodologies obstruction of floodwaters or fill, such as vegetation removal or planting, building improvements that do not increase footprint, maintenance to restore an original permitted condition, feet of obstruction width or less than 2 feet of fill, not to exceed 100 square feet oftotal obstruction under base calculation assuming no change in water surface elevation and using appropriate Mannings “n” value. that do not meet the definitions of 1) or HEC 2 or HEC –RAS. C. Document and Plans Submittal The following documents and plans shall be provided by the applicant at the time the permit application is filed with the City: 1. A complete legal description of the property; parcel number, lot number(s) and name of platted subdivision; or the tax lot number assigned by the County Assessor’s Office, Page 3 of 3 REV 10/2017 together with the Section, Township and Range Number. 2. A topographic survey of the property prepared by a licensed surveyor, with sufficient scale (1”=20’) and contour interval (2’) to adequately assess variations in the ground surface, and based on the City of Arlington datum (NAVD88). 3. Compensatory Storage and Floodplain Conveyance Design. The grading plan shall identify description, location and volume of compensatory storage provided, and features of floodplain conveyance facilities. Calculations and analysis methods shall be documented, as required in Section B (above), in the floodplain hydraulic study prepared by a licensed civil engineer registered in the state of Washington 4. A design of site stormwater drainage in compliance with Chapter 13.28 AMC (if required). 5. Habitat Assessment. 6. Two sets of plans, profiles, sections or sketches, drawn clearly and ORDINANCE NO. 2020-XXX 11 legibly, showing pertinent distances, dimensions, contours, elevations and details. 7. Permit application. D. Elevation Certificate 1. A preliminary elevation certificate shall be completed and submitted to the City at the time of first floor construction. 2. A final elevation certificate shall be submitted at completion of construction. 3. Elevation certificates shall be completed by or under the supervision of a Washington State Registered Professional Surveyor. Per state law, a licensed engineer cannot sign an elevation certificate. 4. The City shall approve preliminary and final elevation certificates. No acceptance or occupancy shall be granted prior to submittal of the as- built elevation certification. E. Other Permits The City’s approval of this application and permit does not grant approval for drainage work, grading or crossings that may affect streams or wetlands. Contact the City for more information on other permits that may be required for the project. F. Review and Approval An application, when completed on the forms provided by the City, together with required materials described above, will be reviewed by the Designated Official, and, when appropriate and necessary, by other public agency officials, engineers, and persons. Their recommendations will be forwarded to the designated official who will examine, approve or reject drawings, plans, sketches or floodplain analyses for any proposed improvement. The approved application, and approved plans will represent the permit. Section 8. Arlington Municipal Code section 20.64.150 shall be and hereby is amended to read as follows: 20.64.150 - Permissible [SS5]uses within floodway. (a) Notwithstanding Chapter 20.40 (Permissible Uses), no permit to make use of land within a floodway may be issued unless, the applicant can demonstrate a No Rise Certification per methods as outlined in 20.64.190 [SS6]for the proposed use when listed as permissible in the Table [SS7]of Permissible Uses, Chapter 20.93 (Critical Areas Ordinance), and in the following list: (1) No land use or building permit may be issued for any development within a ORDINANCE NO. 2020-XXX 12 floodplain until the permit-issuing authority has reviewed the plans for any such development to assure that: (A) The proposed development is consistent with the need to minimize flood damage, and (B) All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (C) Adequate drainage is provided to minimize or reduce exposure to flood hazards, and (D) All necessary permits have been received from those agencies from which approval is required by federal or state law, and (E) The application for a permit to develop in the affected area must include the elevations of the ten-, fifty-, and one hundred-year floods, where such data are available, and (F) The applicant must record a notice on the title that the property contains land within the RHZ and/or one hundred-year floodplain before a permit may be issued, and (G) Any improvements or repairs to existing structures that result in a greater than ten percent increase of the structure footprint must mitigate for any adverse effects, and (H) Removal of native vegetation must leave sixty-five percent of the surface area of the portion of the property in the floodplain in an undeveloped state, and (I) Development in the protected area (floodway, RHZ, and CMZ plus fifty feet) is prohibited unless it is demonstrated that any proposed development in the area does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. No mitigation is allowed within the protected area. However, project design elements to avoid any adverse effects may be allowed. (2) Any development outside the protected area must mitigate for adverse effects, both direct and indirect on functions such that equivalent or better ORDINANCE NO. 2020-XXX 13 salmon habitat protection is provided for: (A) Stormwater. Reduce flood volumes and stormwater runoff from new development by ensuring that increased flood volumes of stormwater reach the river at the same frequency, timing and duration as historic runoff. Low impact development is required to be incorporated as described in Section 20.64.140(b)(2). (B) Riparian vegetation: maintain or replace riparian function by providing equivalent area, diversity, and function of riparian vegetation as currently exists on the site. Riparian retention requirements are outlined in subsection (1)(H). (C) Hyporheic Zones. No activity is allowed that interferes with the natural exchange of flow between surface water, groundwater, and hyporheic zone, however, natural hyporheic exchange may be enhanced or restored. (D) Wetlands. Wetland function must be maintained or replaced by providing equivalent function. (E) Large Woody Debris. Any large woody debris (LWD) removed from the floodplain must be replaced in kind, replicating or improving the quantity, size, and species of the existing LWD. (3) No building may be constructed and no substantial improvement of an existing building may take place within any floodway. This includes a prohibition on installing new mobile homes in an existing mobile home park located in a floodway, even if the park is nonconforming. (4) Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source the applicant shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source (Subsection 20.64.060(b) Basis for establishing the areas of special flood hazard), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. (5) No new residential building may be constructed and no substantial improvement of a residential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated one foot or more above the base flood level. ORDINANCE NO. 2020-XXX 14 (A) Residential accessory structures shall be allowed within floodplains provided they are firmly anchored to prevent flotation. (B) Anchoring of any accessory buildings may be done by bolting the building to a concrete slab or by over-the-top ties. When bolting to a concrete slab, one-half inch bolts six feet on center with a minimum of two per side shall be required. If over-the-top ties are used, a minimum of two ties with a force adequate to secure the building is required. (6) No new nonresidential building may be constructed and no substantial improvements of a nonresidential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated or floodproofed one foot or more above base flood elevation (BFE). (7) For purposes of this section, "substantial improvement" means for a building constructed on or after prior to the effective date of this title a floodplain management regulation, including, any repair, reconstruction, rehabilitation, addition, or other improvement of a building, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. either: (A) Before the improvement or repair is started or (B) If the structure has been damaged and is being restored, before the damage occurred. "Substantial improvement" occurs when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either: (A) Any project for improvement of a structure to comply correctwith existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which that are solely the minimum necessary to insure assure safe living conditions, or (B) Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. building listed on the National Register of Historic Places or a State Inventory of Historic Places. (8) No land use or building permit may be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be anchored to prevent ORDINANCE NO. 2020-XXX 15 flotation, collapse, or lateral movement of the structure. (A) Designed (or modified) and adequately anchored to prevent flotation collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. (B) Constructed with materials and utility equipment resistant to flood damage. (C) Constructed by methods and practices that minimize flood damage. (9) Notwithstanding any other provision of this title, no mobile home may be located or relocated within that portion of the floodplain outside of the floodway, unless the following criteria are met: (A) Ground anchors for tie downs are provided. (B) The following tie-down requirements are met: (i) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (Aii) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic, hydrostatic loads, including the effects of buoyancy, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (BC) Lots or pads are elevated on compacted fill or by any other method approved by the administrator so that the lowest habitable floor of the mobile home is at or above the base flood level. (CD) Adequate surface drainage and easy access for mobile home hauler is provided. (DE) Load-bearing foundation supports such as piers or pilings must be engineered. (10) Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood[HB8][HB9]. All activity within the floodplain will require the issuance of a Flood Hazard Permit by the City. Section 119. Arlington Municipal Code section 20.64.160 shall be and hereby is amended to read as follows: 20.64.160 - General standards. In all areas of special flood hazards, the following standards are required: (1) Anchoring. ORDINANCE NO. 2020-XXX 16 (A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (B) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (2) A, AEH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. (3) Construction Materials and Methods. (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (C) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Section 1210. Arlington Municipal Code section 20.64.170 shall be and hereby is amended to read as follows: 20.64.170 - Specific standards for zones A1-30, AH, and AE and A. In all areas of special flood hazards where base flood elevation data has been provided (zones A1-30, AH, and AE on the community's FIRM) as set forth in Section 20.64.060 (Basis for establishing the areas of special flood hazard and Use of Other Base Flood Data), the following provisions are required: (1) Residential Construction. (A) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. (B) Fully enclosed areas below the lowest floor that are usable solely for parking, access or storage and that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this ORDINANCE NO. 2020-XXX 17 requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (A) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (C) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the floodplain administrator or building official. (D) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below). (3) Manufactured Homes. (A) All manufactured homes to be placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; ORDINANCE NO. 2020-XXX 18 (v) Shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. (B) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: (i) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. (4) Recreational Vehicles. Recreational vehicles placed on sites are required to either: (A) Be on the site for fewer than one hundred eighty consecutive days, (B) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (C) Meet the requirements of subsection (c)(3) (Specific standards for zones A1-30, AH, and AE—Manufactured homes), and the elevation and anchoring requirements for manufactured homes. Section 1311. Arlington Municipal Code section 20.64.190 shall be and hereby is deleted in its entirety. Section 14.12 Arlington Municipal Code section 20.64.210 shall be and hereby is amended to read as follows: 20.64.210 - AE and A1-30 zones with base flood elevations but no floodways. In areas with base flood elevations (but where a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the ORDINANCE NO. 2020-XXX 19 community. Section 1513. Arlington Municipal Code section 20.64.215 shall be and hereby is amended to read as follows: 20.64.215 - Special provisions for subdivisions all development proposals, including subdivisions and manufactured home parks, shall:. (a) All subdivision proposals shall bBe consistent with the need to minimize flood damage. (b) All subdivision proposals shall hHave public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. (c) All subdivision proposals shall hHave adequate drainage provided to reduce exposure to flood damage. (d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for all development proposals, including subdivisions and manufactured home parks, subdivision proposals and other proposed developments that contain at leastgreater than fifty lots or five acres (whichever is the lesser). (e) All subdivisions are subject to use and construction restrictions contained in Section 20.64.130 (Artificial obstructions within floodways prohibited), Section 20.64.140 (Permissible uses within floodways), Section 20.64.150 (Construction within floodways and floodplains restricted), Section 20.64.180 (Specific standards for designated regulatory floodways) and Section 20.64.220 (Utility systems in floodways and floodplains) if any portion of the land to be subdivided lies within a floodway or floodplain. (f) Final plat approval for any subdivision containing land that lies within a floodway or floodplain may not be given unless the plat shows the boundary of the floodway or floodplain and contains in clearly discernible print the following statement: "Use of land within a floodway or floodplain is substantially restricted by Title 20, Chapter 20.64 of the Arlington Municipal Code." (g) Subject to the following sentence, a conditional use permit or final plat approval for any subdivision may not be given if: (1) The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots, and (2) Any portion of one or more of the proposed lots lies within a floodway or floodplain, and (3) It reasonably appears that one or more lots described in Subsections (g)(1) and (2) could not practicably be used as a residential building site because of the restrictions set forth in Section 20.64.150 (Construction within floodways and floodplains restricted), Section 20.64.160 (General standards), and Section ORDINANCE NO. 2020-XXX 20 20.64.170 (Specific standards for zones A1-30, AH, and AE and A). Section 1614. Arlington Municipal Code section 20.64.240 shall be and hereby is amended to read as follows: 20.64.240 - Additional duties of administrator related to flood insurance and flood control. The administrator shall: (1) For the purpose of the determination of applicable flood insurance risk premium rates within zone A on the city's flood insurance rate map provided by the U.S. Federal Emergency Management Agency: (A) Obtain and record maintain a record of the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures including to which level it was floodproofed and whether or not such structures contain a basement; and (B) Obtain and maintain, a record of the elevation (in relation to mean sea level) to which the structure was for all structures that have been floodproofed (whether or not such structures contain a basement) the elevation (in relation to mean sea level in the FEMA datum) to which the structure was floodproofed; and (C) Maintain the floodproofing certifications found in others sections of this chapter; and (D) The city will track projects which have been issued floodplain development permits, including effects to flood storage and fish habitat and mitigation provided. (E) Maintain a record of all such information for public inspection. (2) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of Engineers, the Washington State Department of Fish and Wildlife, and any effected diking or drainage districts prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Insurance Administrator. (3) Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained and within the same sub-basin so carrying capacity is not diminished. (4) Maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (5) Notification to Other Entities (A) Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a ORDINANCE NO. 2020-XXX 21 submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. (B) Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. Section 1715. Arlington Municipal Code section 20.64.250 shall be and hereby is amended to read as follows: 20.64.250 - Variances from requirements. (a) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1)—(11) in subsection (i), have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. (b) Variances may be issued for the reconstruction, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in this section. (c) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result, or the development may eventually require additional structural flood protection. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) The submittal, review and approval of a biological assessment; (3) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (4) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (f) Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or ORDINANCE NO. 2020-XXX 22 financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (i)(1), and otherwise complies with Subsection 20.64.160(a) General standards), Subsection 20.64.170(2)(c), and Section 20.64.220 (Utility systems in floodways and floodplains). (h) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official is hereby notified that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that will result in increased premium rates for the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (i) In granting a variance, in addition to the findings of Section 20.20.030 (Variances), the decision-maker shall consider and make findings concerning all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and (including the degree to which the applicant proposes to mitigated impacts to) the following: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The impact to ESA listed species and critical habitat; (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (5) The importance of the services provided by the proposed facility to the community; (6) The necessity to the facility of a waterfront location, where applicable; (7) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (8) The compatibility of the proposed use with existing and anticipated development; (9) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; (11) The expected heights, velocity, duration, rate of rise, debris and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (12) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (j) Upon consideration of the factors of subsection (b) and the purposes of this chapter, ORDINANCE NO. 2020-XXX 23 the decision-maker may attach such conditions to the granting of a waiver, as it deems necessary to further the purposes of this chapter. Section 1816. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 1917. Emergency Declaration. The City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to protect public health, public safety, public property and/or the public peace. This ordinance shall become effective immediately upon passage; provided, however, that the City shall conduct a public hearing on this ordinance within six (6) months of its passage pursuant to RCW 36.70A.390. The City Clerk is directed to publish this ordinance or a summary thereof at the earliest possible date. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2020. CITY OF ARLINGTON __________________________________ Barbara Tolbert, Mayor Attest: __________________________________ Wendy Van Der Meersche City Clerk Approved as to form: __________________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: WS #7 Attachment G recurring criminal activity. The proposed ordinances expand the definition of nuisances by creating nuisances, and the ordinance adopting a new Chapter 11.02, and repealing Chapter 11.01 of the 1 ORDINANCE NO. 2020—XXX AN ORDINANCE ADOPTING A NEW CHAPTER 11.02 OF THE ARLINGTON MUNICIPAL CODE REGARDING CODE COMPLIANCE AND ENFORCEMENT, AND REPEALING CHAPTER 11.01 WHEREAS, the City has the legal authority to enforce violations of city ordinances within the City of Arlington; and WHEREAS, the City Council wishes to provide tools to its staff to deal with code violations and to assist property owners in protecting their properties; and WHEREAS, the City deems adoption of this ordinance to be in the public interest; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON WASHINGTON AS FOLLOWS: Section 1. Arlington Municipal Code Chapter 11.01 shall be and hereby is repealed. Section 2. A new chapter 11.02 of the Arlington Municipal Code entitled “Compliance and Enforcement” shall be and hereby is adopted, to read as follows: Chapter 11.02 COMPLIANCE AND ENFORCEMENT Sections: 11.02.010 Purpose and scope. 11.02.020 Relationship to Growth Management Act.Reserved 11.02.030 Enforcement, authority, and administration. 11.02.040 Repealed. 11.02.050 Procedures when probable violation is identified. 11.02.060 Service – Notice and order and stop work order. 11.02.070 Training and rule making. 11.02.080 Obligations of persons responsible for code violation. 11.02.090 Determination of compliance. 11.02.100 Voluntary compliance agreement – Authority. 11.02.110 Voluntary compliance agreement – Contents. 11.02.120 Failure to meet terms of voluntary compliance agreement. 2 11.02.130 Notice and order – Authority. 11.02.140 Notice and order – Effect. 11.02.150 Notice and order – Contents. 11.02.160 Notice and order – Supplementation, revocation, modification. 11.02.170 Notice and order – Administrative conference. 11.02.180 Notice and order – Remedies – Suspension, revocation, or limitation of permit. 11.02.190 Notice and order – Remedies – Denial of permit. 11.02.200 Notice and order – Remedies – Abatement. 11.02.210 Stop work order – Authority. 11.02.220 Stop work order – Effect. 11.02.230 Stop work order – Remedy – Civil penalties. 11.02.240 Stop work order – Remedy – Criminal penalties. 11.02.250 Civil penalties – Assessment schedule. 11.02.260 Civil penalties – Duty to comply. 11.02.270 Civil penalties – Community service. 11.02.280 Civil penalties – Waivers. 11.02.290 Civil penalties – Critical areas. 11.02.300 Cost recovery. 11.02.310 Collection of civil penalties, fees, and costs. 11.02.320 Abatement. 11.02.325 Abatement – Chronic nuisances. 11.02.330 Code compliance abatement fund – Authorized. 11.02.340 Judicial enforcement – Petition for enforcement. 11.02.010 Purpose and scope. Chapter 11.02 AMC sets forth the enforcement procedures for violations of the following: A. Nuisances (Chapter 7.05 AMC); and B. Violations of any provisions of AMC Titles 12 through 20. 11.02.020 Relationship to Growth Management Act. Chapter 11.02 AMC is adopted as development regulations pursuant to Chapter 36.70A RCW (GMA). Reserved. 11.02.030 Enforcement, authority, and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations, determine that violations of AMC Titles 12 through 20 and Chapter 7.05 AMC have occurred or are occurring, and may: 3 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue notice and orders, require voluntary compliance, assess civil penalties, and recover costs pursuant to Chapter 11.02 AMC; 3. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work pursuant to Chapter 11.02 AMC; 4. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties pursuant to Chapter 11.02 AMC; 5. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties pursuant to Chapter 11.02 AMC; 6. Suspend, revoke, or modify any permit previously issued by the City or deny a permit application pursuant to Chapter 11.02 AMC when other efforts to achieve compliance have failed; and 7. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in Chapter 11.02 AMC are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of AMC Titles 12 through 20 and Chapter 7.05 AMC in any other manner authorized by law. C. In addition to, or as an alternative to, utilizing the procedures set forth in Chapter 11.02 AMC, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to, utilizing the procedures set forth in Chapter 11.02 AMC, the City may assess or recover civil penalties accruing pursuant to Chapter 11.02 AMC by legal action filed in Snohomish County district court or superior court. E. The provisions of Chapter 11.02 AMC shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all 4 costs and expenses incurred and required by Chapter 11.02 AMC from any person causing such violation. F. In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice. For purposes of AMC 11.02.030, substantial injustice may not be based exclusively on financial hardship. G. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by the AMC. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by Chapter 11.02 AMC shall not supersede those legal constraints. H. The City may request that the police, the Snohomish County Health District, or other appropriate City department or other non-City agency assist in enforcement. I. For purposes of this Chapter, references to “the City” shall be deemed to refer to the City’s Community and Economic Development Director or his or her designee, including the City’s code enforcement official(s). 11.02.050 Procedures when probable violation is identified. A. The City shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents, and data systems for tracking violations and applicable City codes and regulations, whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person responsible for the code violations promptly notified. The City shall not be required to notify any person when it determines that no violation has occurred, unless specifically requested in writing. B. Except as provided in AMC 11.02.050(C), a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement pursuant to Chapter 11.02 AMC. Verbal warnings shall be logged and followed up with a 5 written warning within five days, and the site shall be reinspected within 14 days. C. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation. D. Notice and orders may be issued when a violation has been found and a voluntary compliance agreement has not been entered. When determining whether to issue a notice and order, the City may consider a number of relevant factors and criteria, including but not limited to the severity of the public impact of the nuisance violation, the time and cost to abate the nuisance violation, the likelihood to recover any costs of abatement, and the available City resources to abate the nuisance violation. E. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. F. The warning shall specify a reasonable time frame for abatement of the violation, which may be modified based upon abatement progress; provided, however, that the initial amount of time for abatement shall not be longer than 30 days. A notice and order or stop work order shall be issued in the event the violation is not corrected or a voluntary compliance agreement is not entered into in the time period specified in the warning. Stop work orders should be issued promptly upon discovery of a violation in progress. 11.02.060 Service – Notice and order and stop work order. A. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: 1. Personal service of a notice and order may be made on the person identified by the City as being responsible for the code violation, or by leaving a copy of the notice and order at the person’s house of usual abode with a person of suitable age and discretion who resides there. For corporations and business entities, in-person service shall be on the registered agent as listed in the records of the Washington State Secretary of State; 6 2. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; or 3. Service by mail may be made for a notice and order by mailing one copy, postage prepaid, by ordinary first class mail to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the registered agent as shown in the records of the Washington State Secretary of State for corporations and business entities. Except for corporations and business entities, the taxpayer’s address as shown on the tax records of Snohomish County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once a week for two consecutive weeks in an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall be deemed complete at the expiration of the time prescribed for publication. A notice and order served by publication shall be signed by a code enforcement officer, shall include the dates of the publication, and shall contain a brief statement of the nature of the action and how it can be remedied. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by Chapter 11.02 AMC. D. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. 11.02.070 Training and rule making. The City shall adopt procedures to implement the provisions of Chapter 11.02 AMC, and specifically the guidelines set out in Chapter 11.02 AMC describing reasonable and appropriate protocols for investigating code violations. 7 11.02.080 Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgment of stop work orders, and compliance with other remedies do not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. B. Persons determined to be responsible for a code violation pursuant to a notice and order shall be liable for the payment of any civil penalties and abatement costs. 11.02.090 Determination of compliance. After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work order. 11.02.100 Voluntary compliance agreement – Authority. A. Whenever the City determines that a code violation has occurred or is occurring, the City shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person responsible for the code violation, the City may enter into a voluntary compliance agreement as provided for in Chapter 11.02 AMC. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice and order, or a stop work order and before an appeal is decided. C. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation. D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the City. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the City if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and 8 timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the authorized representative of the City and person(s) who signed the original voluntary compliance agreement. E. The voluntary compliance agreement is not a settlement agreement. 11.02.110 Voluntary compliance agreement – Contents. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation in which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: A. The name and address of the person responsible for the code violation; B. The address or other identification of the location of the violation; C. A description of the violation and a reference to the provision(s) of the ordinance, resolution, or regulation which has been violated; D. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; E. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; F. An acknowledgment that if the City determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice and order or stop work order, impose any remedy authorized by Chapter 11.02 AMC, enter the real property and perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation, or limitation of a development permit obtained or to be sought by the person responsible for the code violation; G. An acknowledgment that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation; 9 H. An acknowledgment that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation; and I. An acknowledgment that the person responsible for the code violation understands that he or she has the right to be served with a notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice and order or stop work order, and that he or she is knowingly and intelligently waiving those rights. 11.02.120 Failure to meet terms of voluntary compliance agreement. A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the person responsible for the violation may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by Chapter 11.02 AMC, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by Chapter 11.02 AMC. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order. B. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. 11.02.130 Notice and order – Authority. When the City has reason to believe, based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within a reasonable period after determining that a violation exists, after issuing a warning if one is given, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. For purposes of this section, a “reasonable period” shall be no less than 14 days nor more than 45 days. 11.02.140 Notice and order – Effect. A. A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person 10 responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. B. The City is authorized to impose civil penalties upon a determination by the City that a violation has occurred pursuant to a notice and order. C. Issuance of a notice and order in no way limits the City’s authority to issue a stop work order to a person previously cited through the notice and order process pursuant to Chapter 11.02 AMC. 11.02.150 Notice and order – Contents. The notice and order shall contain the following information: A. The address, when available, or location of the violation; B. A legal description of the real property or the Snohomish County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s) responsible for a violation and a brief description of the violation(s) found; D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties, and that any assessed penalties must be paid within 14 days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; G. A statement that payment of the civil penalties assessed under Chapter 11.02 AMC does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to Chapter 11.02 AMC; H. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; I. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City 11 may proceed to seek a judicial abatement order from Snohomish County superior court to abate the violation; J. A statement advising that, if any assessed penalty, fee, or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; K. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded, may appeal from the notice and order by filing an appeal to the City’s hearing examiner and paying any applicable fees within 14 days of the date of service of the notice and order; L. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent City of Arlington permit applications on the subject property; M. A statement advising that a failure to timely appeal the notice and order and pay applicable fees within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; N. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and O. A statement advising that failure to comply with the notice and order may be referred to the office of the city attorney for appropriate legal action. 11.02.160 Notice and order – Supplementation, revocation, modification. A. The City may add to, revoke, in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in Chapter 11.02 AMC. B. The City may issue a supplemental notice and order, or revoke a notice and order issued under Chapter 11.02 AMC: 1. If the original notice and order was issued in error; 12 2. Whenever there is new information or change of circumstances; or 3. If a party to an order was incorrectly named. 11.02.170 Notice and order – Administrative conference. An informal administrative conference may be conducted by the City at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. 11.02.180 Notice and order – Remedies – Suspension, revocation, or limitation of permit. A. The City may suspend, revoke, or modify any permit issued by the City whenever: 1. The permit holder has committed a violation in the course of performing activities subject to that permit; 2. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that permit; 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled; or 5. There is a permit or approval that is subject to sensitive area review, and the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant’s ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. B. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of Chapter 11.02 AMC and shall be effective upon the compliance date established by the notice and order. Such suspension, revocation, or modification may be appealed to the hearing examiner using the appeal provisions of Chapter 11.02 AMC. C. Notwithstanding any other provision of Chapter 11.02 AMC, the City may immediately suspend operations under any permit by issuing a stop work order. 13 11.02.190 Notice and order – Remedies – Denial of permit. A. The City may deny a permit when, with regard to the site or project for which the permit is submitted: 1. Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation, or public rule of the City that regulates or protects the public health, safety, and welfare, or the use and development of land and water; and/or 2. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, resolution, regulation, or public rule. B. In order to further the remedial purposes of Chapter 11.02 AMC, such denial may continue until the violation is cured by restoration, accepted as complete by the City, and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. 11.02.200 Notice and order – Remedies – Abatement. In addition to, or as an alternative to, any other judicial or administrative remedy, the City may use the notice and order provisions of Chapter 11.02 AMC to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the City determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the City may seek a judicial abatement order pursuant to Chapter 11.02 AMC. 11.02.210 Stop work order – Authority. The City is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. 11.02.220 Stop work order – Effect. A. A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease. B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. 14 C. A stop work order may be appealed according to the procedures prescribed in Chapter 11.02 AMC. D. Failure to appeal the stop work order within 14 days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. E. A stop work order may be enforced by the City code enforcement official or City police. 11.02.230 Stop work order – Remedy – Civil penalties. A. In addition to any other judicial or administrative remedy, the City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in AMC 11.02.250. B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the work is actually stopped. C. Violation of a stop work order shall be a separate violation from any other code violation. 11.02.240 Stop work order – Remedy – Criminal penalties. In addition to any other judicial or administrative remedy, the City may forward to the office of the city prosecutor a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. 11.02.250 Civil penalties – Assessment schedule. A. Civil penalties for code violations shall be imposed for remedial purposes for violations identified in a notice and order or stop work order, pursuant to the following schedule: Violation Penalty Amount violation within three- year period (may be same type of nuisance as 15 Violation Penalty Amount be same type of nuisance as previous to result in an economic benefit to the person responsible for the violation pursuant to B. Civil penalties shall be paid within the period specified in the notice and order or stop work order if not appealed. Payment of the civil penalties pursuant to Chapter 11.02 AMC does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to Chapter 11.02 AMC. C. The City may suspend civil penalties if the person responsible for a code violation has entered into and fulfilled all requirements of a voluntary compliance agreement pursuant to AMC 11.02.100. D. Civil penalties which are assessed create a joint and several personal obligation of all persons responsible for a code violation. 11.02.260 Civil penalties – Duty to comply. Persons responsible for a code violation have a duty to notify the City in writing of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. 11.02.270 Civil penalties – Community service. The City is authorized to allow a person responsible for a code violation that accumulates civil penalties as a result of a notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in an approved community service project(s) in lieu 16 of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration, or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under AMC 11.02.270 is $15.00 per hourshall be the minimum wage per RCW 49.46.020. The City shall take into consideration the severity of the violation, any history of previous violations, and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. 11.02.280 Civil penalties – Waivers. A. Civil penalties may be waived or reimbursed to the payer by the City under the following circumstances: 1. The notice and order or stop work order was issued in error; 2. The civil penalties were assessed in error; 3. New material information warranting waiver has been presented to the City since the notice and order or stop work order was issued; or 4. As appropriate to resolve litigation. B. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. 11.02.290 Civil penalties – Critical areas:. Reserved. A. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm to meet the requirements of Chapter 36.70A RCW (the GMA), and to further the remedial purposes of Chapter 11.02 AMC. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action. B. The provisions of AMC 11.02.290 are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law for other related violations. C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the 17 exceptions provided in Chapter 11.02 AMC, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. D. Violation of critical area provisions of the AMC means: 1. The violation of any provision of Chapter 21.40 AMC, Critical Areas, or of the administrative rules promulgated thereunder; 2. The failure to obtain a permit required for work in a critical area; or 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract, or agreement issued or concluded pursuant to the above-mentioned provisions. E. Any person in violation of Chapter 21.40 AMC, Critical Areas, may be subject to civil penalties, costs, and fees as follows: 1. According to the civil penalty schedule under AMC 11.02.250; provided, that the exact amount of the penalty per violation shall be determined by the City based on the physical extent and severity of the violation; or 2. The greater of: a. An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of: i. The resulting increase in market value of the property; ii. The value received by the person responsible for a violation; iii. The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of Chapter 21.40 AMC, Critical Areas; or b. Code compliance costs incurred by the City to enforce Chapter 21.40 AMC, Critical Areas. 11.02.300 Cost recovery. 18 A. In addition to the other remedies pursuant to Chapter 11.02 AMC, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable Legal Fees and Costs. For purposes of AMC 11.02.300, “reasonable legal fees and costs” shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of Chapter 11.02 AMC as may be allowed by law; 2. Administrative Personnel Costs. For purposes of AMC 11.02.300, “administrative personnel costs” shall include, but are not limited to, administrative employee costs, both direct and related, incurred to enforce the provisions of Chapter 11.02 AMC; 3. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under Chapter 11.02 AMC; and 4. Actual expenses and costs of the City in preparing notices, specifications, and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees. B. Such costs are due and payable 30 days from mailing of the invoice. C. All costs assessed by the City in pursuing code enforcement and/or abatement create joint and several personal obligations in all persons responsible for a violation. The office of the city attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. 11.02.310 Collection of civil penalties, fees, and costs. A. The City may use the services of a collection agency in order to collect any civil penalties, fees, costs, and/or interest owing under Chapter 11.02 AMC. B. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to Chapter 11.02 AMC, file for record with the Snohomish County auditor to claim a lien against the real property for the civil penalties, fees, and costs assessed pursuant to Chapter 11.02 AMC if the violation was reasonably related to the real property, in accordance with any lien provisions authorized by state law. 19 C. Any lien filed shall be subject to priority pursuant to state law, including but not limited to RCW 35A.21.405, as now adopted or hereafter amended. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. 11.02.320 Abatement. A. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety, or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement. The City may seek a judicial abatement order from Snohomish County superior court to abate a condition which continues to be a violation of AMC where other methods of remedial action have failed to produce compliance. C. The City shall seek to recover the costs of abatement as authorized by Chapter 11.02 AMC. 11.02.325 Abatement – Chronic nuisances. A. Chronic Nuisance Judicial Abatement Order. The City may seek a judicial abatement order from Snohomish County superior court to abate a condition deemed a chronic nuisance pursuant to AMC 7.05.045 where other methods of remedial action have failed to produce compliance. This abatement order, in addition to the remedies outlined in the remainder of Chapter 11.02 AMC, may seek abatement of the chronic nuisance as follows: 1. Direct the removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 from the property, building, or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505; 2. Provide for the immediate closure of the property, building, or unit within a building against its use for any purpose, and for keeping it closed for a period of up to one year unless released sooner pursuant to Chapter 11.02 AMC; and 3. State that while the order of abatement remains in effect, the property, building, or unit(s) within a building shall remain in the custody of the court. 20 B. The City may seek to recover the costs of abatement pursuant to Chapter 11.02 AMC. 11.02.330 Code compliance abatement fund – Authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. 11.02.340 Judicial enforcement – Petition for enforcement. A. In addition to any other judicial or administrative remedy, the City may seek enforcement of the City’s order in Snohomish County superior court. B. The City shall name as a respondent each person against whom the City seeks to obtain civil enforcement. C. In seeking superior court enforcement, the City may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2020. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: 21 Wendy Van Der Meersche City Clerk Approved as to form: Steven J. Peiffle City Attorney ORDINANCE 2020-XXX 1 ORDINANCE NO. 2020—XXX AN ORDINANCE ADOPTING A NEW TITLE 7 OF THE ARLINGTON MUNICIPAL CODE REGARDING NUISANCES WHEREAS, the City has the legal authority to regulate and prohibit nuisance activities within the City of Arlington; and WHEREAS, the City Council wishes to provide tools to its staff to deal with nuisance activity and to assist property owners in protecting their properties; and WHEREAS, the City deems adoption of this ordinance to be in the public interest; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON WASHINGTON AS FOLLOWS: Section 1. A new title 7 of the Arlington Municipal Code entitled “Nuisances” shall be and hereby is adopted, to read as follows: TITLE 7--NUISANCES Chapter 7.05 NUISANCES Sections: 7.05.010 Purpose and intent. 7.05.020 Definitions. 7.05.030 Compliance, authority and administration. 7.05.040 Public Nuisances prohibited. 7.05.045 Chronic nuisances. 7.05.050 Procedures when probable nuisance violation is identified. 7.05.010 Purpose and intent. The purpose and intent of this Chapter is to create and maintain a safe and healthy environment for the citizens of the City by identifying and eliminating the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of nuisance conditions on public and private property. ORDINANCE 2020-XXX 2 7.05.020 Definitions. In addition to any definitions contained elsewhere in the Arlington Municipal Code, the following words shall, for the purposes of Chapters 7.05 and 11.02 AMC, be defined as follows: “Days” are counted as business days when five or fewer days are allowed to perform an act required by Chapter 7.05 AMC. “Days” are considered calendar days when more than five days are allowed to perform an act required by Chapter 7.05 AMC. “Days” are counted by excluding the first day, and including the last day, unless the last day is a holiday, Saturday, or Sunday, pursuant to RCW 1.12.040, as now adopted or hereafter amended. “Graffiti” means an unauthorized marking, symbol, inscription, word, figure, design, or other inscribed material that has been placed upon any property through the use of paint, ink, dye, or any other substance capable of marking property. “Nuisance” means a person’s unreasonable or unlawful use of real or personal property, or unreasonable, indecent, or unlawful personal conduct or omission of conduct which materially interferes with, obstructs, or jeopardizes the health, safety, prosperity, quiet enjoyment of property, or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways, places, or bodies of water. “Ongoing criminal activity related to the premises” means that (1) criminal activity is or has been occurring at the premises; or (2) criminal activity is or has been occurring near the premises and such activity has a reasonable and proximate connection to the premises, whether by owners, occupants, or persons visiting such owners or occupants. Examples of conduct or actions that constitute criminal activity occurring at or near the premises of the subject property include, but are not limited to, the following: 1. Service of a search warrant by law enforcement personnel; or 2. Arrest of one or more individuals by law enforcement personnel during any 24-hour period; or 3. Commission of a misdemeanor, gross misdemeanor, or felony at or near the premises and where there is a reasonable and proximate connection between the crime or criminal and the premises, including those visiting the owner or occupants of the premises; or ORDINANCE 2020-XXX 3 4. Visits by law enforcement personnel which occur based upon a reasonable belief by law enforcement that a crime is occurring or has occurred, but which do not result in any of the actions identified in subsections (1) through (3) of this definition; provided, that visits alone may not form the sole basis for determining a premises to be a chronic nuisance premises. For purposes of this definition, service of warrants, arrests, or commission of misdemeanor or felony domestic violence shall not be considered criminal activity. “Person” means any public or private individual, sole proprietorship, association, partnership, corporation, or legal entity, whether for-profit or not-for-profit, and the agents and assigns thereof. “Person(s) responsible for a nuisance violation” means the person or persons who caused the violation, if that can be determined, and/or the owner, lessor, tenant, or other person(s) entitled to control, use, and/or occupancy of the property and the abutting public rights-of-way. 7.05.030 Compliance, authority and administration. In order to discourage public nuisances and otherwise promote compliance with Chapter 7.05 AMC, the city manager or designee may, in response to field observations, determine that violations of Chapter 7.05 AMC have occurred or are occurring, and may utilize any of the compliance provisions set forth in Chapter 11.02 AMC. 7.05.040 Public Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance within the City including on the property of any person, firm, or entity or upon any public rights-of-way abutting a person, firm, or entity’s property. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Any vegetation, or parts thereof, which hang lower than eight feet above any public walkway or sidewalk; or hang lower than 14 feet above any public street; or which are growing in such a manner as to obstruct or impair the free and full use of any public walkway, sidewalk, or street; or which violates other provisions of the Arlington Municipal Code City clearview triangle regulations. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a public walkway, sidewalk, or street. ORDINANCE 2020-XXX 4 2. Any growth of noxious weeds or toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures, Fences. Buildings or portions thereof which are deemed dangerous or unfit pursuant to the AMC (including all building and property maintenance codes and regulations as currently adopted and hereafter amended). C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Accumulations of dirt or debris not removed from a public sidewalk. D. Accumulations of Materials, Garbage, Recyclables, Furniture, Machinery. 1. Building and Construction Materials. Except when expressly authorized by the City zoning code, aAny accumulation, stack, or pile of building or construction materials, including but not limited to metal, wood, wire, electrical, or plumbing materials, not associated with a current, in- progress project and not in a lawful storage structure or container. This provision does not apply to a designated contractor’s yard. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage or recyclables not properly stored in a receptacle with a tight- fitting lid. b. Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an approved enclosed structure. c. Creating or maintaining any accumulation of organic matter, including but not limited to foodstuffs or dead vegetation (excluding properly maintained residential compost piles maintained in accordance with good composting practices). 3. Furniture, Appliances, Furnishings, and Equipment. a. Any broken or discarded household furniture, furnishings, equipment, or appliance not in an approved enclosed structure. ORDINANCE 2020-XXX 5 b. Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances that have not had the doors secured or removed. 4. Machinery and Equipment. Any broken or inoperable accumulation of, or part of, machinery or equipment not in an approved enclosed structure. AMC 7.05.040(D)(4)This shall include such machinery and equipment as boats, jet-skis, snowmobiles, aircraft, and the like, but shall not include junk vehicles, which are regulated pursuant to AMC 7.05.040(N).Chapter 10.54. E. Fire Hazards. Any stack or accumulation of newspapers, dead vegetation (excluding properly maintained compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire marshal. F. Toxic or Caustic Substances. Improper storage or keeping of any toxic, flammable, or caustic substances or materials. G. Smoke, Soot, or Odors. Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or odors which are offensive or harmful to a reasonable person. H. Bodies of Water. 1. All stagnant, pooled water in which mosquitoes, flies, or other insects may multiply, excluding any City-approved structure related to storm drainage systems. 2. The polluting of any waterway, well, or body of water which is not subject to the jurisdiction of another federal, state, county, special purpose district or city agency. I. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or otherwise secured, and which constitute a concealed danger. J. Attractive Nuisances. Any accessible nuisance which is attractive to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. K. Noise. ORDINANCE 2020-XXX 6 1. Any noise or sound that, originating within a residential zone, intrudes into the property of another person that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as currently adopted and hereafter amended. Such noise or sound may include, but is not limited to, noise or sound created by use of a radio, television set, musical instrument, sound amplifier, or other device capable of producing or reproducing noise or sound; or in connection with the starting, operation, repair, rebuilding, or testing of any vehicle, off- highway machinery or equipment, or internal combustion engine. 2. The following shall be exempt from the provisions of AMC 7.05.040(K)(1): a. Normal use of public rights-of-way; b. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; c. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad; e. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, or carillons; f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; h. Sounds originating from officially sanctioned parades and other public events; i. Sounds created by watercraft, except to the extent that they are regulated by other City or state regulations; j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep; k. Sounds originating from existing natural gas transmission and distribution facilities; ORDINANCE 2020-XXX 7 l. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality; m. Sounds created in conjunction with the collection of solid waste; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, schools, and other public facilities and public recreational facilities during hours of operation; p. Sounds originating from agricultural activities. 3. The following shall be exempt from provisions of AMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m.: a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds, and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possiblerun-up sites designated in the Airport Master Plan; e. Sounds created by the installation or repair of essential municipally owned or franchised utility services. 4. The following shall be exempt from the provisions of AMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour: a. Sounds originating from temporary construction sites as a result of construction activity; b. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; ORDINANCE 2020-XXX 8 c. Sounds originating from uses on properties which have been specifically conditioned to meet certain noise standards by an appropriate City hearing body. L. Dust. Any disturbance of any land area, or permitting the same, without taking affirmative measures to suppress and minimize the blowing and scattering of dust, which unreasonably interferes with the peace, comfort, or repose of a reasonable person. This provision does not include permitted agricultural activities. M. Yard Sales. The holding or permitting of either: 1. A yard sale on the same lot for (a) more than seven consecutive days; (b) more than two consecutive weekends; or 2. More than three separate yard sale events in one calendar year. The prohibition under this Section AMC 7.05.040(M) shall only apply to dwellings, including but not limited to single family, multifamily, and duplex dwellings. N. Graffiti. Any graffiti on public or private property. O. Development Code Violations. Any violation pursuant to AMC Titles 12 through 20. 7.05.045 Chronic nuisances. A. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any chronic nuisance within the City including on the property of any person, firm, or entity or upon any public rights- of-way abutting a person’s, firm’s, or entity’s property. A parcel or lot of real property, a building, including but not limited to the structure or any separate part of portion thereof, whether permanent or not, or the ground itself, a unit within a building, or a mobile home, manufactured home, or recreational vehicle (collectively referred to as “property”) shall constitute a chronic nuisance when any of the following conditions occur: 1. During any continuous 12-month period, the property in question: a. A final determination has been made by the City that conditions on the property constitute a nuisance pursuant to Chapters 7.05 and 11.02 AMC; and b. Has four or more occurrences of ongoing criminal activity related to the premises; or 2. During any 12-month period, the property in question has five or more occurrences of ongoing criminal activity related to the premises. ORDINANCE 2020-XXX 9 B. Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be responsible for the nuisance (1) affirmatively engages in reasonable and ongoing efforts to remedy the nuisance and/or ongoing criminal activity; and (2) is not the perpetrator nor allows the perpetration of the nuisance or ongoing criminal activities. 7.05.050 Procedures when probable nuisance violation is identified. The City shall follow procedures pursuant to Chapter 11.02 AMC to identify nuisances, enforce the provisions of city ordinances, and to remedy and abate any of the nuisances prohibited under this Chapter 7.05 AMC. Section 2. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. ORDINANCE 2020-XXX 10 Passed by the City Council and APPROVED by the Mayor this _______ day of _______________, 2020. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ____________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #8 Attachment H Council meetings continue permanently, but that Zoom is not the best technology to do so. IT is recommending a three camera system and mixer that will stream directly to YouTube with recordings published to TV21. Cost of equipment is $18,107.83. IT is requesting a “not to exceed” amount of $20,000 for the purchase of the system, and for any incidental purchases (cabling connecters, This will be funded through the Comcast Public Educational and Government (PEG) access channel capital fund that is dedicated to the broadcast equipment that supports TV21. The fund has a current Page 1 of 2 QUOTE CONFIRMATION DEAR BRYAN TERRY, Thank you for considering CDW•G for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL LJZX370 4/22/2020 LJZX370 10057062 $18,107.83 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT.PRICE NEWTEK TRICASTER MINI 4K BUNDLE 1 6055633 $9,684.73 $9,684.73 Mfg. 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Part#: NEW-ITEM FG-002781-R003: ProTek for TriCaster TC Mini (initial 2 year coverage) Contract: MARKET PURCHASER BILLING INFO SUBTOTAL $16,582.26 Billing Address: CITY OF ARLINGTON ACCTS PAYABLE 238 N OLYMPIC AVE ARLINGTON, WA 98223-1337 Phone: (360) 403-3421 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $1,525.57 GRAND TOTAL $18,107.83 DELIVER TO Please remit payments to: Shipping Address: CITY OF ARLINGTON BRYAN TERRY 238 N OLYMPIC AVE ARLINGTON, WA 98223-1337 Phone: (360) 403-3421 Shipping Method: DROP SHIP-GROUND CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Page 2 of 2 Need Assistance? CDW•G SALES CONTACT INFORMATION Von Alanguilan |(877) 679-0888 |vonalan@cdwg.com This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager © 2020 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 City of Arlington Council Agenda Bill Item: WS #9 Attachment I General Fund Operating Statement Revenue Charts