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HomeMy WebLinkAbout07-25-2016 Council Workshop 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 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert - Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Arlington Youth Council Proposal ATTACHMENT A Staff Presentation: Sarah Lopez Council Liaison: Sue Weiss 2. Memorandum of Understanding with Department of Commerce ATTACHMENT B Staff Presentation: Chris Young Council Liaison: Jesica Stickles/Chris Raezer 3. Airport Office Parking Lot Paving Project ATTACHMENT C Staff Presentation: Lorene Parker Council Liaison: Chris Raezer/Jan Schuette 4. Airport Beacon Painting & Lead Paint Removal Project ATTACHMENT D Staff Presentation: Lorene Parker Council Liaison: Chris Raezer/Jan Schuette 5. June 2016 Financial Report ATTACHMENT E Staff Presentation: Kristin Garcia 6. Miscellaneous Council Items EXECUTIVE SESSION Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] RECONVENE Arlington City Council Workshop Monday, July 25, 2016 at 7:00 p.m. City Council Chambers – 110 E Third St 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 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: July 25, 2016 SUBJECT: Ordinance to Establish Arlington Youth Council ATTACHMENTS: Draft Ordinance and excerpt from ABC Community Revitalization Plan DEPARTMENT OF ORIGIN Administration EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Developing a Youth Council in Arlington is Strategy 3.1 of the Arlington-Darrington Community Revitalization Plan, America’s Best Communities. The purpose of the Youth Council is to advise the Mayor and City Council in all matters related to and affecting the youth in our community and provide youth perspectives on a range of community issues and topics. The youth council is structured to create an essential link among Arlington's teens, the community, and city government. The City will provide staff support for the Youth Council. Darrington will be setting up their own Youth Council. There is a $10,000 budget from America’s Best Communities to pay for a part time coordinator/advisor and materials for the year for Arlington and Darrington. Long term budget support will need to be provided by the City of Arlington. City of Arlington Council Agenda Bill Item: WS #1 Attachment A HISTORY: From the Plan: “One critical component of community and workforce development is supporting the youth of today to become the leaders of tomorrow. Smaller rural communities frequently lose their young people as they move out of the area to pursue higher education and entry-level careers, resulting in a “brain drain” of talent needed to sustain a vibrant local economy. This strategy establishes independent youth councils that will focus on issues of interest to youth leaders by integrating young people into the political process and equipping them with the skills and resources to address these problems. The objective is to encourage young people to make meaningful contributions to their respective communities and the region as a whole through the creation of autonomous youth councils in Arlington and Darrington. Ultimately, the intent is to give them a sense of investment and a bond that will promote the Stillaguamish Valley as a place where they can grow professionally in the future.” ALTERNATIVES Do not create Arlington Youth Council. RECOMMENDED MOTION: Workshop; discussion only. ORDINANCE NO. 2016-XXX 1 ORDINANCE NO. 2016--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ADDING NEW CHAPTER 2.106 TO THE ARLINGTON MUNICIPAL CODE ESTABLISHING A YOUTH COUNCIL WHEREAS, the city council believes that youth are an important part of the Arlington community and their needs and well-being are a legitimate concern of the City of Arlington; and WHEREAS, it is important that today’s youth be encouraged to take interest in local government and community and that opportunities be created to foster civic participation by young people; and WHEREAS, establishment of a City of Arlington Youth Council will ensure that the voice of Arlington's young people is a part of the dialogue when talking about how the community builds for tomorrow; and WHEREAS, the purpose of the youth council is to serve as an advisory committee to the city council, and other boards and commissions, on issues affecting the youth of the community; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. A new chapter 2.106 is hereby added to the Arlington Municipal Code, to read as follows: 2.106 YOUTH COUNCIL 2.106.010 Purpose. 2.106.020 Membership. 2.106.030 Chairperson. 2.106.040 Meetings. 2.106.050 Attendance at Regular Meetings—Forfeiture of Office. 2.106.060 Responsibilities. 2.106.010 Purpose. The purpose of the youth council is to advise the mayor and city council in all matters related to and affecting the youth in our community and provide youth perspectives on a range of community issues and topics. The youth council is structured to create an essential link among Arlington's teens, the community, and city government. ORDINANCE NO. 2016-XXX 2 2.106.020. Membership. The City of Arlington Youth Council shall consist of seven members, who shall reside within the Arlington School District or have an Arlington address. (a) Members shall be selected through an application process and shall be appointed by the mayor with the consent of the city council. (b) Youth Council members shall serve a term of one year, commencing on September 1 and ending June 1. Members may re-apply to serve more than one term. (d) Members shall be entering 8th grade through the 12th grade at the time of application. 2.106.030. Chairperson. The youth council shall elect a chairperson and vice-chairperson from their members during the month of September. At the expiration of their terms, both officers may run for re-election. The chairperson will preside at all meetings and the vice-chairperson will preside if the chairperson is absent. The city will provide staff support for the youth council. 2.106.040. Meetings. For the first year, beginning in September 2016, regular meetings of the Arlington Youth Council will be held on the second and fourth Thursdays of each month in Arlington, Washington; provided, however, that whenever such regular meeting day falls on a Thursday declared in RCW 1.16.050 now or in the future as a legal holiday, then the regular meeting of the youth council will be cancelled or rescheduled. The youth council shall have the power to determine meeting dates, times and locations. 2.106.050. Attendance at regular meetings - Forfeiture of Office. Any youth council member with unexcused absences from more than half of all regularly scheduled youth council meetings during any six-month period, or with unexcused absences from any three consecutive regularly scheduled meetings, will forfeit his or her office, and the mayor, upon being so advised by the youth council, will appoint a new member to serve the unexpired term of the youth council member whose office was forfeited. 2.106.060. Responsibilities. The youth council is an advisory board authorized to make recommendations to the city council on the following matters and take the following actions: (a) Policy matters affecting the youth of the community; (b) Planning, organizing, coordinating and participating in social, cultural, recreational, educational and other activities for youth in our community; (c) Examining methods of funding for youth initiatives, both from the city's annual budget, as well as attention to grants and partnerships that may be available; (d) Working to get more youth involved in government and community by engaging with other students in the community and serving as role models for all youth in Arlington; (e) Occasionally, embarking on tours, community meetings, or community service projects in lieu of meetings or in addition to the meetings; (f) Attending annual Joint Meetings with the Arlington City Council, Arlington Public Schools, and Cascade Valley Hospital and Clinics. ORDINANCE NO. 2016-XXX 3 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. 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 ________, 2016. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Kristin Banfield, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney 12 Arlington & Darrington | America’s Best Communities | Community Revitalization Plan TACTICS Tactic 2.1.1: Hire Part-Time Coordinator A part-time coordinator will be employed to coordinate the youth councils. Position duties will focus on streamlining initial implementation, with long-term management coordinated by Arlington and Darrington staff. Tactic 2.1.2: Arrange Materials and Operations Budgets Management of the youth councils will be independent to encourage self-direction by the participants. To support this, the town councils and other partnering agencies will look to provide sustainable, long-term budget support for materials and operations. Tactic 2.1.3: Organize Annual Retreat Although the focus of youth councils will be on local areas, a regional retreat will be held annually to establish regional priorities, identify opportunities for collaboration, and celebrate major accomplishments. RESOURCES AND RELATIONSHIPS Arlington and Darrington School Districts, Glacier Peak Institute, North Counties Family Services, 4-H, Boys and Girls Club ERP CROSS-REFERENCES >>Invest in the development of strong workforce talent across all demographics (3.1) >> Expand programming and recreation opportunities for youth (3.5) WHERE DO WE GO NEXT? After this initial start-up period, these youth councils are envisioned to continue their efforts for years to come, evolving and expanding their reach as they become firmly established. SUMMARY & OBJECTIVE One critical component of community and workforce development is supporting the youth of today to become the leaders of tomorrow. Smaller rural communities frequently lose their young people as they move out of the area to pursue higher education and entry-level careers, resulting in a “brain drain” of talent needed to sustain a vibrant local economy. This strategy establishes independent youth councils that will focus on issues of interest to youth leaders by integrating young people into the political process and equipping them with the skills and resources to address these problems. The objective is to encourage young people to make meaningful contributions to their respective communities and the region as a whole through the creation of autonomous youth councils in Arlington and Darrington. Ultimately, the intent is to give them a sense of investment and a bond that will promote the Stillaguamish Valley as a place where they can grow professionally in the future. MEASUREMENTS & OUTCOMES Demonstrated effectiveness and sustainability of youth council model and increased rates of retention / return for younger people in the region, as measured by: >>Participation rate / demographics of participants >>Attendance at meetings / retreat >>Projects implemented BUDGET: $10,000 COMMUNITY & WORKFORCE DEV. Strategy 3.1: Arlington and Darrington Youth Councils City of Arlington Council Agenda Bill Item: WS #2 Attachment B COUNCIL MEETING DATE: July 25, 2016 SUBJECT: Memorandum of Understanding between WA State Dept. of Commerce and the City of Arlington regarding the Manufacturing Regulatory Roadmap. ATTACHMENTS: Draft Memorandum of Understanding DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: WA State Dept. of Commerce invited Snohomish County and several other cities to discuss participating in the Snohomish County Manufacturing Pilot Program regarding Streamlined Permitting. The kick-off meeting was held in April 2015. Arlington’s permitting model was ultimately chosen as the “Roadmap” to develop the program. The purpose of the program is to develop strategies that can reduce time and frustration for manufacturing companies as they try and comply with multiple regulatory requirements and agencies during the permitting process. Some of the program deliverables are to; improve access to regulatory information, streamline the process, increase predictability, reduce “red-tape”, and enhance coordination between regulatory agencies. This MOU will serve as the tool to continue to work collaboratively to improve the experience of siting a manufacturing facility within the city by continuing to develop, launch, maintain, and market the program. HISTORY: A letter of commitment was signed by the Mayor on May 7, 2015 to collaborate and participate in the Manufacturing Streamlining Pilot Project with the Dept. of Commerce through involvement of our personnel time and expertise. Time spent working on the project, facility costs, and other resources serve as our “in-kind” match of the program. City of Arlington Council Agenda Bill Item: WS #2 Attachment B ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. Memorandum of Understanding Between Washington State Department of Commerce And City of Arlington, Washington This Memorandum of Understanding is made between the undersigned parties as follows. The parties hereto are Washington State Department of Commerce (Commerce) and the City of Arlington, Washington (City), which hereby enter into the following Memorandum of Understanding (MOU). For purposes of this MOU, the parties shall be known collectively as “partners.” Purpose The purpose of this Memorandum of Understanding (MOU) is for the partners to agree to collaboratively improve the experience of siting a manufacturing facility within the City of Arlington through development and maintenance of an online regulatory guide, or “Manufacturing Regulatory Roadmap.” The Manufacturing Regulatory Roadmap is a set of online content developed by Commerce, in consultation with regulatory agencies and municipalities, that distills all city, regional and state requirements into easy-to-understand information and interactive tools to assess costs, timelines, and overall feasibility of potential manufacturing facility sites. Agreement The partners agree that the Regulatory Roadmap for Manufacturing Facility Feasibility (Manufacturing Roadmap) is a collaborative project, and the partners will work together to develop, launch, maintain and market it according to the following: 1. Commerce will provide content and/or templates for developing content, to include graphic elements, wording, and overall design. City-specific content will be developed by and/or approved by the City, in accordance with Commerce guidelines, to ensure a consistent statewide Regulatory Roadmap presence. The Washington Regulatory Roadmap logo will be used on all content. Commerce will review all materials prior to publishing. 2. The partners will mutually determine appropriate placement of the Manufacturing Roadmap content and links to it within and throughout the City's website. Commerce will provide guidance, design and technical specifications for development of the webpage used to host the Manufacturing Regulatory Roadmap materials. 3. The partners will develop and implement a communication plan for outreach and messaging to ensure consistent and comprehensive messaging. Additionally, the partners agree to participate in creating joint promotional materials and events with the other Manufacturing Roadmap participating cities. 4. The partners agree that maintaining accurate and current information within the Manufacturing Roadmap materials is paramount for the success of this project. The partners will develop a plan for regularly reviewing, maintaining, and updating the content at least quarterly. The City will update City-specific content, and Commerce will ensure updates of other content. 5. The City agrees to use analytics to track visitor activity on the Manufacturing Roadmap page(s). Commerce will provide a list of metrics for the partners to review on a quarterly basis. The partners will review the metrics at least quarterly. 6. The City agrees to consult with Commerce before altering the Manufacturing Roadmap content or the website’s appearance, aside from the regular updates mentioned above. The partners agree that any work or intellectual property, created jointly or individually by the partners for the purposes of the Manufacturing Roadmap will be available for use by either partner for uses related to this MOU. 7. The Manufacturing Roadmap content is specific to manufacturing site selection. Use and/or expansion of the content for other business needs and activities may be undertaken. Either party may invite the other to undertake development of roadmaps for other business needs, which would be done in collaboration between the parties and require a separate memorandum of understanding. 8. No separate entity is created by this agreement. The City’s Director of Community & Economic Development and Commerce’s Senior Policy Advisor shall jointly administer this project. Termination Either party may terminate this agreement by providing 90 days written notice to the other party. City of Arlington 18204 59th Ave. Arlington, WA 98223 Department of Commerce PO Box 42525 Olympia, Washington 98504-2525 Changes, Modifications and Amendments This agreement may be changed, modified, extended, or amended by written agreement executed by all parties. Execution We, the undersigned, agree to the terms of the foregoing agreement. This agreement shall become effective upon execution, and shall remain in effect for a period of three years from execution date, unless terminated sooner or extended as provided herein. DATED___________________________, 2016. CITY OF ARLINGTON, WASHINGTON STATE OF WASHINGTON DEPARTMENT OF COMMERCE By: ___________________________ By: _____________________________ Barbara Tolbert (Mayor) Brian Bonlender, Director Date: _________________________ Date: ____________________________ City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: July 25, 2016 SUBJECT: Airport Office Parking Lot Paving Project ATTACHMENTS: Bid results and construction contract DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: $87,149.08 BUDGET CATEGORY: Airport Operating Fund LEGAL REVIEW: DESCRIPTION: This pro ect includes the pavin of the airport office parkin lot, installation of new curbing, and the installation of a new ADA compatible parking space with ramp. The amount budgeted for the project was $135,000. Bids were solicited from the City’s small works roster, with Fidalgo Paving & Construction LLC providing a low bid of $87,149.08. A portion of the amount budgeted will be for prepping the area for paving and installing an infiltration system. The total amount of the prepping and paving are under the budgeted amount. This project was approved at the Airport Commission’s July 12, 2016 meetin . HISTORY: The parking lot pavement is in poor shape due to multiple utility cuts, age and root damage from multiple trees in the landscaped areas. Prep work for the paving will involve removing and replacing the trees, fixing the current infiltration system and adding a new infiltration system ALTERNATIVES Approve staff’s recommendation with modifications Deny staff’s recommendation Table staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. MEMO City of Arlington Airport To: City Council From: Lorene Parker, Airport Coordinator Date: July 25, 2016 Subject: Airport Parking Lot Paving Project ISSUE: The project involves paving the airport office parking lot, installing new curbing and installing a new ADA compatible parking space with ramp to the grass picnic area. The airport contacted 3 companies on the City’s small works roster who perform asphalt paving or roadway construction, to provide quotes for the project. One company, Fidalgo Paving & Construction LLC provided a quote. DISCUSSION & ANALYSIS: Amount shown include sales tax. Contractor Name Bid Amount Fidalgo Paving & Construction LLC Fidalgo Paving & Construction LLC came in with the low quote. References for the contractor have been contacted and the references were complimentary of their work. ALTERNATIVES: Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDATION: Staff recommends the City Council approve a contract with Fidalgo Paving & Construction LLC for the Airport Parking Lot Paving Project in the amount of $87,149.08. P02.412 AGREEMENT CONSTRUCTION CONTRACT THIS CONTRACT, dated this 1st day of August, 2016, is by and between the City of Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and Fidalgo Paving & Construction LLC. referred to as the CONTRACTOR. WHEREAS, the City desires paving, curbing and striping of the Airport Office Parking Lot, and WHEREAS, the Contractor is qualified, willing and able to perform the necessary work. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it is mutually agreed as follows: 1.0 SERVICE BY CONTRACTOR Contractor agrees to perform the services described in the following project specification Airport Office Paving Project. These documents are on file with the Project Manager, a copy is held by the contractor, and by this reference incorporated herein. 2.0 TIME OF COMPLETION All work under this Agreement is to be done within 7 working days of Notice to Proceed. 3.0 RESPONSIBILITY OF CONTRACTOR 3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for protection of workmen and the public; shall post danger signs warning against known or unusual hazards. 3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and material within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by the City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of services may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by Contractor. The Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractor’s work including, but not limited to, cost of materials and labor extended by the City in making emergency repairs and cost of engineer, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defect work and the Contractor shall defend any such claim at his own expense. Where materials or procedures are not specified in the contract, the City relies on the professional judgment of the Contractor to make appropriate selections. 3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised Code of Washington. 3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon a bonfide occupational qualification. 3.5 Employment Any and all employees of the Contractor while engaged in the performance of any work or services required by the Contractor under this agreement, shall be considered employees of the Contractor only and not of the City and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of the Contractor. 4.0 SUBCONTRACTOR RESPONSIBILITY 4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable, have: a. Have Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5.0 COMPENSATION 5.1 The City shall pay the Contractor for the services identified in this contract the total amount of ($87,149.08 amount includes sales tax). Contractor shall submit monthly, for the City’s acceptance, a written Contract Project Estimate setting forth the quantities of work satisfactorily performed to date, and an invoice covering the contract price applicable to the work, unless otherwise directed, the City will, within 30 days after receipt of acceptable Contractor’s estimate and invoice, pay the Contractor the accepted progress invoice less actual accumulated amount previously paid. 5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 6.0 CITY'S RIGHT TO TERMINATE CONTRACT 6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter specified: a. If the Contractor should be adjudged bankrupt. b. If the Contractor should make a general assignment of benefit of his creditors. c. If a receiver should be appointed on the account of insolvency of the Contractor. d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the work. e. If the Contractor shall fail to complete the work within the time specified in the contract. f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or labor. g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State or municipal agencies or subdivisions thereof. h. If Contractor should persistently disregard instructions of Management, or otherwise be guilty of a substantial violation of the contract. 6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated for any reason not previously identified by either party by giving ten (10) days written notice to the other party. In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any further balance of the amount to be paid under this contract until the work shall have been fully finished. At such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the City to Contractor. If such expense and damages shall exceed the unpaid balance, Contractor and his surety and each thereof shall be jointly and severally liable therefore to City and shall pay the difference to the City. Such expense and damage shall include all legal costs incurred by the City in employment of attorneys to protect the rights and interests of the City under the contract; provided such legal costs shall be reasonable. 7.0 OWNERSHIP OF DOCUMENTS 7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished or unfinished documents and material prepared by the Contractor with funds provided by this Agreement shall become the property of the City and shall be forwarded to the City at its request. 7.2 Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Agreement will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8.0 CLAIMS 8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of the contract must be made in writing to the City within thirty (30) days after the discovery of such damage, and in no event later than the time of approval by owner of final payment. Contractor, upon making applications for final payment, shall be deemed to have waived this right to claim for any other damages for which claim has not been made, unless such claim for final payment includes notice of additional claim and fully describes the alleged damage. 9.0 ASSIGNMENT 9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party. 10.0 MODIFICATION 10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in writing and properly signed by all parties thereto. 11.0 HOLD HARMLESS 11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting in whole or in part from negligent activities or omissions of the Contractor, its agents or other renumeration for services; and if a suit in respect to the above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or settlement made requiring payment of damages by the City, which damages are based in whole or in part on the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same. 12.0 INSURANCE Contractor shall procure and maintain, for the duration of this Agreement, insurance against claims for the injuries to persons or damages to property which may arise from or in connection with the performance of the work thereunder by the Contractor, his agent, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. 12.1 Minimum Limits of Insurance Contractor shall maintain limits no less than: a. Commercial General Liability: insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. b. Automobile Liability: $1,000,000 combined single limit per accident, covering owned and non-owned vehicles. c. Worker's Compensation coverage as required by the Worker's Compensation Act of the State of Washington. 12.2 The Policies are to contain, and be endorsed to contain the following provisions: a. General Liability 1. The City, its officials, employees and volunteers are to be covered as additional insured as respect to liability arising out of activities performed by or on behalf of the Contractor. 2. Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of all policies shall not affect the coverage provided to the City, its officials, employees or volunteers. b. All Coverage Each insurance policy required by this clause shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 12.3 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XIII, or with an insurer acceptable to the City. 12.4 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certification for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.5 Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein. 12.6 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and limits of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed until coverage is approved by Risk Manager. 13.0 INDEPENDENT CONTRACTOR 13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF ARLINGTON, WASHINGTON: CONTRACTOR: By By Mayor Barbara Tolbert Title City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: July 25, 2016 SUBJECT: Airport Beacon Painting and Lead Paint Removal Project ATTACHMENTS: Bid results and construction contract DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: $136,844.13 BUDGET CATEGORY: Airport Operating Fund LEGAL REVIEW: DESCRIPTION: This pro ect includes removin the existin lead paint and repaintin the entire beacon structure. Sand blasting will be performed on the structure’s lead paint and all environmental regulations for lead abatement will be followed. Bids were solicited from the City’s small works roster, with LJR Painting LLC providing a low bid of $136,844.13. The bid is higher than the budgeted amount of $90,000.00 but there are sufficient funds to cover the difference in the Airport’s maintenance project fund. This project was approved at the Air ort Commission’s Jul 12, 2016 meetin . HISTORY: In the summer of 2015, the beacon and obstruction lights were replaced and additional railings were installed. The current railings were not painted when installed and will be painted as part of this project. The existing structure’s lead paint has been failing for quite some time. The lead paint will be completely removed as part of this project. ALTERNATIVES Approve staff’s recommendation with modifications Deny staff’s recommendation Table staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. MEMO City of Arlington Airport To: City Council From: Lorene Parker, Airport Coordinator Date: July 25, 2016 Subject: Airport Beacon Painting & Lead Paint Removal Project ISSUE: The project involves removing the existing lead paint and repainting the entire beacon structure. The Contractor will sand blast the existing structure’s lead paint, following all environmental regulations for lead abatement. The airport contacted all companies on the City’s small works roster who perform exterior painting projects. DISCUSSION & ANALYSIS: Staff solicited bids off of the City’s small works roster and three companies provided bids. The three bids received are shown below. All amounts shown include sales tax. Contractor Name Bid Amount Long Painting Company Coatings Unlimited Inc LJR Painting LLC * Non Responsive Bid LJR Painting LLC came in as the low bidder at $136,844.13. Staff contacted references for the contractor and the references were complimentary of their work. ALTERNATIVES: Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation MEMO City of Arlington Airport RECOMMENDATION: Staff recommends the City Council approve a contract for the Airport Beacon Painting & Lead Paint Removal Project with LJR Painting LLC in the amount of $136,844.13. P02.410 AGREEMENT CONSTRUCTION CONTRACT THIS CONTRACT, dated this 1st day of August, 2016, is by and between the City of Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and LJR Painting LLC. referred to as the CONTRACTOR. WHEREAS, the City desires sand blasting the existing structure’s lead paint, following lead abatement procedures, and repainting the entire beacon structure, and WHEREAS, the Contractor is qualified, willing and able to perform the necessary work. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it is mutually agreed as follows: 1.0 SERVICE BY CONTRACTOR Contractor agrees to perform the services described in the following project specification Beacon Painting & Lead Removal Project. These documents are on file with the Project Manager, a copy is held by the contractor, and by this reference incorporated herein. 2.0 TIME OF COMPLETION All work under this Agreement is to be done within 90 working days of Notice to Proceed. 3.0 RESPONSIBILITY OF CONTRACTOR 3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for protection of workmen and the public; shall post danger signs warning against known or unusual hazards. 3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and material within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by the City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of services may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by Contractor. The Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractor’s work including, but not limited to, cost of materials and labor extended by the City in making emergency repairs and cost of engineer, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defect work and the Contractor shall defend any such claim at his own expense. Where materials or procedures are not specified in the contract, the City relies on the professional judgment of the Contractor to make appropriate selections. 3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised Code of Washington. 3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon a bonfide occupational qualification. 3.5 Employment Any and all employees of the Contractor while engaged in the performance of any work or services required by the Contractor under this agreement, shall be considered employees of the Contractor only and not of the City and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of the Contractor. 4.0 SUBCONTRACTOR RESPONSIBILITY 4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable, have: a. Have Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5.0 COMPENSATION 5.1 The City shall pay the Contractor for the services identified in this contract the total amount of $136,844.13 (amount includes sales tax). Contractor shall submit monthly, for the City’s acceptance, a written Contract Project Estimate setting forth the quantities of work satisfactorily performed to date, and an invoice covering the contract price applicable to the work, unless otherwise directed, the City will, within 30 days after receipt of acceptable Contractor’s estimate and invoice, pay the Contractor the accepted progress invoice less actual accumulated amount previously paid. 5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 6.0 CITY'S RIGHT TO TERMINATE CONTRACT 6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter specified: a. If the Contractor should be adjudged bankrupt. b. If the Contractor should make a general assignment of benefit of his creditors. c. If a receiver should be appointed on the account of insolvency of the Contractor. d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the work. e. If the Contractor shall fail to complete the work within the time specified in the contract. f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or labor. g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State or municipal agencies or subdivisions thereof. h. If Contractor should persistently disregard instructions of Management, or otherwise be guilty of a substantial violation of the contract. 6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated for any reason not previously identified by either party by giving ten (10) days written notice to the other party. In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any further balance of the amount to be paid under this contract until the work shall have been fully finished. At such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the City to Contractor. If such expense and damages shall exceed the unpaid balance, Contractor and his surety and each thereof shall be jointly and severally liable therefore to City and shall pay the difference to the City. Such expense and damage shall include all legal costs incurred by the City in employment of attorneys to protect the rights and interests of the City under the contract; provided such legal costs shall be reasonable. 7.0 OWNERSHIP OF DOCUMENTS 7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished or unfinished documents and material prepared by the Contractor with funds provided by this Agreement shall become the property of the City and shall be forwarded to the City at its request. 7.2 Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Agreement will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8.0 CLAIMS 8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of the contract must be made in writing to the City within thirty (30) days after the discovery of such damage, and in no event later than the time of approval by owner of final payment. Contractor, upon making applications for final payment, shall be deemed to have waived this right to claim for any other damages for which claim has not been made, unless such claim for final payment includes notice of additional claim and fully describes the alleged damage. 9.0 ASSIGNMENT 9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party. 10.0 MODIFICATION 10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in writing and properly signed by all parties thereto. 11.0 HOLD HARMLESS 11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting in whole or in part from negligent activities or omissions of the Contractor, its agents or other renumeration for services; and if a suit in respect to the above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or settlement made requiring payment of damages by the City, which damages are based in whole or in part on the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same. 12.0 INSURANCE Contractor shall procure and maintain, for the duration of this Agreement, insurance against claims for the injuries to persons or damages to property which may arise from or in connection with the performance of the work thereunder by the Contractor, his agent, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. 12.1 Minimum Limits of Insurance Contractor shall maintain limits no less than: a. Commercial General Liability: insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. b. Automobile Liability: $1,000,000 combined single limit per accident, covering owned and non-owned vehicles. c. Worker's Compensation coverage as required by the Worker's Compensation Act of the State of Washington. 12.2 The Policies are to contain, and be endorsed to contain the following provisions: a. General Liability 1. The City, its officials, employees and volunteers are to be covered as additional insured as respect to liability arising out of activities performed by or on behalf of the Contractor. 2. Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of all policies shall not affect the coverage provided to the City, its officials, employees or volunteers. b. All Coverage Each insurance policy required by this clause shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 12.3 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XIII, or with an insurer acceptable to the City. 12.4 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certification for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.5 Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein. 12.6 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and limits of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed until coverage is approved by Risk Manager. 13.0 INDEPENDENT CONTRACTOR 13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF ARLINGTON, WASHINGTON: CONTRACTOR: By By Mayor Barbara Tolbert Title City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: July 25, 2016 SUBJECT: June 2016 Financial Report ATTACHMENTS: Financial Reports – Narrative General Fund Operating Statement Revenue Charts Other Fund Operating Statements DEPARTMENT OF ORIGIN Finance; Kristin Garcia –Finance Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Attached is the June 2016 financial report. A brief PowerPoint presentation will be given to highlight 2nd quarter financial results. HISTORY: ALTERNATIVES RECOMMENDED MOTION: Workshop; discussion only. 1    2016 June Financial Report – Kristin Garcia, Finance Director  GENERAL FUND   The ending fund balance as of June 30 was $2,116,845.  Based on our current year to date revenue  and expenditure trends, it is likely we’ll meet or exceed our targeted ending fund balance.  We  budgeted an ending fund balance of $1,024,465 and current cash flow projections are estimating an  ending fund balance of $1.5 to $1.8 million.  If we meet the projected ending fund balance, the “one  month operating reserve” policy would be met and would bring the “mandatory reserve” policy to  40% ‐ 70% of goal.  We had budgeted the mandatory reserve policy to be at 15% of goal by year  end.  We received $319,427 in sales tax revenue for the month of June bringing the year to date total to  $1,879,231 or 2.5% over budget.  About 1% of what we’ve collected to date is from new business  activity as compared to the previous year.  We received $46,114 in marijuana enforcement revenues in the month of June, bringing our year to  date total $7,802 over budget!  This revenue stream is received on a quarterly basis.  The 2016  budget was based on our initial distribution of about $13,689 which is what we were expecting per  quarter.  At budget time, the state was continuing to determine the distribution amounts for local  jurisdictions so we weren’t certain what our actual distribution would be.  We’ll continue to monitor  the distributions as we work through the budget process but my expectation is that we’ll be able to  increase our budget for next year.  Building permit revenue is at 63% of budget!  In June we received $22,759 for a variety of projects  with the bulk of the revenues from the Seattle Galvanizing project and the Allison single family  residence development.  Based on the projects currently in the works, we anticipate an increase in  permit revenues for 2017 and 2018.  Investment interest is doing well in the first half of the year!  Our revenues year to date for the  general fund are $10,845 and we’ve already exceeded the budget by $1,445.    Debt payments are primarily paid in June (mostly interest) with the majority of principal and interest  paid in December.  The budget to actual for this line item will continue to be low until our December  payments are made.  The amount we expect to pay in December is approximately $755,000.  The  debt paid for by the general fund includes;  the police station, police vehicles, fire station #46, fire  apparatus and an inter‐fund loan to the airport for land (Boys & Girls Club).  OTHER FUNDS  EMS Fund – The ending fund balance at the end of June was $148,654.  Taxes were received from  District #24 in the amount of $42,140 and District #25 in the amount of $21,349.  District #19 has  been billed and we are expecting payment within the next month.  Transport fees collected in June  2    were $103,106 bringing the year to date collections to 59% of budget.  Once the agreement  between District #21 and the City is executed and the payment for 2015 services is received, a  portion of the 2015 loan will be repaid.  After November taxes are received and we receive payment  for the first half of 2016 services, a cash flow analysis will be performed with the intent of repaying  all loans in full.  The total amount outstanding on the loan is $495,346.  Interest accrued on the loan  through June 30 is $997.74.  We did not budget for repayment in 2016 so any repayments will  trigger a budget amendment at year end.  Cemetery Fund – the ending fund balance was $4,871.97 at the end of June alerting me that I need  to monitor the fund balance closely.  Revenues are unpredictable but most of the costs are fixed  which causes cash flow challenges from month to month.  In the event of a cash flow shortage, the  general fund will need to provide support because no other funds can legally support this fund.  We  will need to evaluate revenues and expenses closely during our upcoming budget process.  Equipment Replacement Fund – The fire apparatus loan has been closed.  The total amount  outstanding on the loan as of June 30, 2016 is $1,496,775.  Principal and interest payments occur  every June and December and the bond matures June 1, 2025.  We received an interest rate of 2.6%  on the loan with a rate reset on June 1, 2020.  Investments – The total cash and investment portfolio is at $28.5 million as compared to $24.5  million in June 2015.  Year to date investment interest is $135,191 as compared to $61,168 last  year!  Our increased investment interest is because we are investing more money than a year ago  and we’re averaging higher interest rates.  As of June 2015, most of our agency bond investments  were earning just under or at 1%, and as of June 2016, most of those investments are now at or  near 1.5%.  We did see some decline in the interest rates during the month of June when Britain  announced its decision to leave the European Union, however, as of early July, there has been some  recovery in the market.  We are also exploring a money market account with Opus Bank that will  provide a secondary, more competitive but complimentary option as compared to the Local  Government Investment Pool (LGIP).  LGIP rates have come up significantly since a year ago and are  about .5% as of June.  The money market option will provide the same liquidity as the LGIP but will  allow us a better rate option and will add more diversity to our investment portfolio.