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HomeMy WebLinkAbout08-04-08 Council Meeting Arlington City Council August 4, 2008 - 7 PM City Council Chambers 110 E. Third 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 / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes CONSENT AGENDA 1. Minutes of the July 21 & 28, 2008 meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING UNFINISHED BUSINESS NEW BUSINESS 1. Resolution No. 774, Setting a Public Hearing date on ATTACHMENT B the petition from the City of Arlington for the Vacation of portions of Right-of-Way located in Blocks 29,40 and 45 of the Plat of Haller City 2. Extension of Professional Services Agreement with Carletti Architects ATTACHMENT C to provide construction documents on Fire Stations 46 and 48. 3. Authorization for the Mayor to sign an amendment to the Collective ATTACHMENT D Bargaining Agreement and related Memoranda of Understanding with the Arlington Police Officer’s Association DISCUSSION ITEMS INFORMATION MAYOR’S REPORT ADMINISTRATOR & STAFF REPORTS COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION -To review the performance of a public employee [RCW 42.30.110(1)(g)] RECONVENE ADJOURNMENT DRAFT Minutes of the Arlington City Council Meeting Council Chambers 110 East Third July 21, 2008 City Council Members Present by Roll Call: Dick Butner Sally Lien, Graham Smith, Marilyn Oertle, Chris Raezer, Scott Solla, and Steve Baker Council Members Absent: There were no Councilmembers absent. City Staff Present: Kathy Peterson, Paul Ellis, Len Olive, Ed Erlandson, David Kuhl, Yvonne Page, Vic Ericson, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Sarah Arney, Virginia Hatch, Gale Fiege, Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance followed. Introduction of Special Guests Brian Fields, coach of the 2008 Washington State champion Stilly Valley Little League, introduced the team and each member then introduced herself. The coach then gave an update of team activities. Darrel Hammond introduced the assistant coaches and briefly addressed the team efforts. APPROVAL OF THE AGENDA Marilyn Oertle moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. PUBLIC COMMENT Kim Mosley from Stilly Valley Little League, asked for support for their $10,000 travel fund needed for their trip to the playoffs. He then noted specific contact phone numbers CONSENT AGENDA There was a motion by Marilyn Oertle, seconded by Sally Lien, and unanimously passed to approve the following consent Agenda Items: 1. Minutes of the July 7 and July 14, 2008 meetings 2. Accounts Payable Claims Checks #54017 through #54176 in the amount of $542,377.52 3. Acceptance of Aerospace Marine Technology Water Utility Easement 4. Renewals of terms to Boards & Commissions --Andrea Miller, PARC 4-year term to April 1, 2012 --Maryann Monty to Hotel/Motel Tax Committee 2-year term to April 1, 2010 PUBLIC HEARING Continued Comprehensive Plan Amendments (and Concurrent Rezones) Senior Planner Yvonne Page addressed the Comprehensive Plan Amendments and Concurrent Rezone requests, giving a background and their history. Staff recommends denial of the Dorris Rezone and approval of the other items. At 7:16PM the Public Hearing was opened. Page 1 of 3 Minutes of the City of Arlington City Council Meeting DRAFT July 21, 2008 Neil Knutson, 18825 42nd Dr NE, Arlington, addressing the Dorris Rezone, noted that he has now been impacted by this process because he has lost a tenant. Mr. Knutson asked for a rejection of the rezone, a refund of applicant fees, and he then requested to work with the City to amend the Arlington Municipal Code so this doesn’t occur again in the future. Dean Pittinger, 18005 Smokey Point Blvd, Arlington, at first was interested in a non-existent office- professional zoning in Arlington, and is now asking for a spot zone for his profession as a teacher of real estate and insurance training. He sees his request as reasonable, in light of the Smokey Point area which is being considered for the rezone. Mr. Pittinger voiced his support of City endeavors to look at the Smokey Point area development. The Public Hearing was closed at 7:27PM. Council discussion followed. Mr. Pittinger, Community Development Director David Kuhl, and Ms. Page answered Council questions. Steve Baker moved to: a. Deny the Dorris CPA (PLN20080026) and Concurrent Rezone (PLN20080027). b. Approve the Brekhus Beach CPA (PLN20080008) and Concurrent Rezone (PLN20080009), Lindsay CPA (PLN20080011) and Concurrent Rezone (PLN20080012), Crown Park CPA (PLN20080016) and Concurrent Rezone (PLN20080017), 77th (to RHD) CPA (PLN20080018) and Concurrent Rezone (PLN20080019), 77th (to GC) CPA (PLN20080020) and Concurrent Rezone (PLN20080021), Text Changes CPA (PLN20080010), and West Side I-5 Water Service Area CPA (PLN20080013) and direct the City Attorney to prepare an ordinance adopting the approved Comprehensive Plan Amendments (CPA’s) and rezoning the subject properties for action at the next meeting. Dick Butner seconded the motion which passed with a unanimous vote. Proposed Land Use Code Text Amendments Planner Yvonne Page briefly addressed the requested Text Amendments, noting previous workshops that had been held and noted that the Planning Commission Public Hearing for July 15 was cancelled, due to lack of a quorum and has been rescheduled to August 19. She asked the Council to continue the Public Hearing to September 2, 2008. At 7:39 the Public Hearing was opened. There was one in the audience wishing to speak on this issue. Steve Baker moved to continue the Public Hearing to September 2, 2008, for Planning Commission recommendation and State Department of Community, Trade, and Economic Development comments. Scott Solla seconded the motion which passed with a unanimous vote. Adoption of Resolution No. 773, 6-Year Transportation Improvement Plan Public Works Director Len Olive noted several errors on page 1, and answered Council questions. At 7:43PM the Public Hearing was opened, and with no one wishing to speak, the Public Hearing was immediately closed. Mr. Olive then answered Council questions. Scott Solla moved to approve Resolution No. 733 adopting the Six-Year Transportation Improvement Plan with the amendments addressed by Mr. Olive. Sally Lien seconded the motion which passed with a unanimous vote Page 2 of 3 Minutes of the City of Arlington City Council Meeting DRAFT July 21, 2008 Page 3 of 3 UNFINISHED BUSINESS Proposed Ordinance No. 1450, Amending Land Use Code to Allow Some Drive-thru Uses in the OTBD (Old Town Business District) 1 Zone Community Director David Kuhl spoke to the reasons the Planning Commission had recommended denial of this request and the Council’s input at their last meeting. He then read the revised Code language and addressed Council questions and comments. There was lengthy Council discussion regarding wording and consequences of a hasty action. Steve Baker moved to adopt Ordinance No. 1450 amending Land Use Code Table 20.40, Permissible Uses, to allow drive-in beverage and pastry service and drive-in banks in Old Town Business District 1 Zone, with the amended language to the footnote for Section 8.410, suggested by the City Attorney, to read “Only sales of beverages and sales of foods prepared offsite…”. Sally Lien seconded the motion which passed with a unanimous vote. NEW BUSINESS Draft Sewer Comprehensive Plan Mr. Len Olive noted that this item is available for review in various parts of the City for review. He then answered Council questions. There was no action taken. MAYOR’S REPORT Mayor Larson reviewed the meetings she had recently attended. ADMINISTRATOR & STAFF REPORTS In the absence of City Administrator Allen Johnson, Acting City Administrator Paul Ellis gave a short report. CITY COUNCIL COMMITTEE REPORTS Dick Butner, Sally Lien, Graham Smith, Marilyn Oertle, and Steve Baker gave brief reports, while Chris Raezer and Scott Solla had no report at this time. EXECUTIVE SESSION City Attorney announced that there would be no need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:15 PM. ____________________________ Margaret Larson, Mayor DRAFT Minutes of the Arlington City Council Workshop Council Chambers 110 East Third Street July 28, 2008 Dick Butner, Sally Lien, Graham Smith, Scott Solla, Steve Baker, Chris Raezer, Marilyn Oertle, Allen Johnson, Kristin Banfield, Kathy Peterson, Len Olive, Paul Ellis, Brian DeWitt, Bill Blake, Cristy Brubaker, and Jan Bauer Council Members Absent: There were no Councilmembers absent. Mayor Larson called the meeting to order at 7:00PM. Marilyn Oertle moved to approve the Workshop Agenda. Sally Lien seconded the motion, which passed with a unanimous vote. Budget Status Report Finance Director Kathy Peterson addressed the June 2008 Budget Status Report and the 2009 Budget Calendar. Throughout the presentation Ms. Peterson answered Council questions. In addition, Public Works Director Len Olive addressed energy saving ideas that could be performed by the City. 2008 Utilities Right-of-Way Vacation Len Olive spoke to the street sewer extension, which is presently out to bid. Paperwork for railroad approval has been reviewed by the City Attorney and will be addressed by the Council at the next meeting. Mr. Olive stated that City maintenance crews’ many projects that have an emphasis on being more maintenance-friendly. Soon non-maintainable plants along 67th Avenue would be removed and an automatic sprinkler-irrigation system installed. Mr. Olive then addressed the 2008 Utilities Right-of-Way Vacation which will soon have a hearing date and which will require Planning Commission review. Public Works Construction Standards Mr. Olive stated the Utility Standards changes and updates that are being modified to reflect what is actually happening in the City, and that updated information is available on the City website. 74th Avenue Property (5-Acre Parcel) Assistant Community Development Director Bill Blake and Assistant to the City Administrator for Capital Projects Paul Ellis discussed the 74th Avenue project that has the potential of easing roadways within the community and providing more direct necessary road connections. Both answered Council questions throughout the presentation. Executive Session –Discussion only – no action to be taken Mayor Larson announced the need for a 15-20 minute Executive Session to review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)]. The meeting was adjourned into an Executive session at 7:52PM. At 8:23PM the Council returned and the meeting was immediately adjourned. Page 1 of 2 Minutes of the City of Arlington City Council Meeting DRAFT July 28, 2004 Page 2 of 2 ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT B COUNCIL MEETING DATE: August 4, 2008 SUBJECT: Resolution No. 774 Setting a Public Hearing date on the petition from the City of Arlington for the Vacation of portions of Right-of-Way located in Blocks 29,40 and 45 of the Plat of Haller City DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: 1) Map showing location 2) Resolution No.774 Setting Public Hearing EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: Council requested to adopt Resolution No. 774, setting a public hearing date of September 2, 2008 for the City of Arlington request to vacate portions of right-of- way located in Blocks 29, 40 & 45 of the Plat of Haller City. Please see attached map for specific locations. HISTORY: Over the past several years the City of Arlington has been acquiring property in the vicinity of the Utilities Complex to allow for growth of that facility. The City is now ready to proceed with the further development of the site and must go through the right-of-way vacation process to clean up the ownership elements of their site. This action requires notification of adjacent property owners and review by the Arlington Planning Commission. A staff report including a recommendation from the Arlington Planning Commission will be presented to the Council in draft form at the Council Workshop scheduled for August 25, 2008 and then finalized for presentation at the September 2, 2008 public hearing. ALTERNATIVES: • Remand to staff for additional information • Table pending further discussion • Deny request with or without prejudice STAFF RECOMMENDATION: Motion to approve Resolution No. 774 setting September 2, 2008 as the Public Hearing Date for the Request to Vacate portions of right-of-way located in Blocks 29, 40 and 45 of the Plat of Haller City. "Burke Ave N West Ave Cox Ave (Northern Pacific) Haller Ave Stillaguamish River Sources: parcels (2008) fromSnohomish County Dept of Information Systems, GIS dataset.Westerly, city owned, additional parcel pieces, vacated by WDOT; from WDOT 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 particular purpose 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 to indemnify, defend, and hold harmless the City 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. SR 9 Street VacationsCity of Arlington Scale: Date: File Name: Drwn By:07/18/2008 LB StreetVacation_08.mxd City Limits ROW Ralroad ROW Stillaguamish River In Process of Vacating City Owned 1 inch = 150 feet 0 100 200 300 40050Feet RESOLUTION NO. 774 A RESOLUTION OF THE CITY COUNCIL OF ARLINGTON FIXING THE TIME FOR HEARING PETITION OF CITY OF ARLINGTON TO VACATE CITY RIGHT OF WAY, PROVIDING FOR THE GIVING OF NOTICE, AND SPECIFYING THE EXTENT AND SCOPE OF THE INVESTIGATION AS TO SUCH VACATION AND REPORT TO BE MADE TO THE COUNCIL. THE CITY COUNCIL OF ARLINGTON, WASHINGTON DO RESOLVE: Section 1. The petition of City of Arlington to vacate the following described Public Streets and Alleys in Arlington, Snohomish County, Washington: Haller Avenue abutting lots 6-10 of Block 29 and Lots 23-27 of Block 40. The alley between Haller Avenue and Cox Avenue abutting Lots 23-25 and Lots 8-10 Block 40 and Cox Avenue abutting lots 8-16 Block 40 and Lots 7-10 Block 45. All located in the Plat of Haller City. Located in Vol. 2 Page 22 and Recorded under Auditors file number 189004245001 All located within the City of Arlington, County of Snohomish, State of Washington Filed with the City on June 5, 2008, shall be heard and determined by the City Council at 7 P.M. on September 2, 2008 at Arlington City Council Chambers, 110 E. Third Avenue, Arlington, Washington, which time and place is fixed for hearing such matter. Section 2. The City of Arlington Public Works Administration staff shall give twenty days notice of the public hearing on said petition in the manner and for the time specified in RCW 35.79.020. Section 3. Prior to said hearing the City Engineer shall prepare a staff report as provided in AMC 12.28.070. PASSED by the City Council and APPROVED by the Mayor this day of ___________________________________ Mayor ATTEST: __________________________________ City Clerk City of Arlington Council Agenda Bill AGENDA ITEM: NEW BUSINESS #2 ATTACHMENT C COUNCIL MEETING DATE: August 4, 2008 SUBJECT: Authorize the Mayor to sign a Professional Services Agreement with Carletti Architects to provide architectural and engineering services for Fire Stations 46 and 48 DEPARTMENT OF ORIGIN: Capital Projects/ Executive Contact: Paul Ellis, 360-403-4603 ATTACHMENTS: - Final proposed Professional Services Agreement with Carletti Architects EXPENDITURES REQUESTED: NOT TO Exceed $460,642 BUDGET CATEGORY: Capital Projects LEGAL REVIEW: Professional Service Agreement has been reviewed by the City Attorney DESCRIPTION: City Staff has negotiated a professional service agreement with Carletti Architects to provide architectural and engineering services for the development of Station 48 (Smokey Point station) and the renovation of Station 46 (Downtown station). This new agreement will provide architectural and engineering services to complete the design, bidding documents and the construction of both stations. The fee schedule in these agreements is a not to exceed the total proposed cost. Smokey Point Station #48: not to exceed $279,602 Down Town Station #46: not to exceed $181,040 HISTORY: In December of 2007 the city contracted with Carletti Architects to provide schematic design of Station 48 (Smokey Point station). During the designing process of Station 48 we also completed a site assessment and evaluation of Fire Station 46. COMMITTEE REVIEW AND ACTION: ALTERNATIVES: RECOMMENDED ACTION: I move to authorize the mayor to sign a professional service agreement with Carletti Architects to provide architectural and engineering services on Fire Stations 46 (Downtown station) and 48 (Smokey Point station). PROFESSIONAL SERVICES CONTRACT A. PARTIES: This contact is between CARLETTI ARCHITECTS, P.S., hereinafter referred to as “Architect”, and City of Arlington hereinafter referred to as “Client”. B. PROJECT INFORMATION: Project Name: City of Arlington – Smokey Point Fire Station Job #: 07-978 Project Location: 43rd and 172nd Street NE (SR531) C. PROJECT DESCRIPTION: New fire station of approximately 9,700 S.F. on the first floor and two mezzanines totaling 1,333 S.F. to be utilized for mechanical/electrical and storage areas. The building will be as depicted in the preliminary schematic design as prepared by the architect for the Client. Drawings include site plan, building elevations and floor plan. Designated contact Person for the Architect shall be Peter Carletti. Designated contact Person for the Client shall be Paul Ellis, Capital Projects Manager D. SCOPE OF SERVICES: Based upon the terms set forth below this contract, including the General Terms and Conditions set forth in Exhibit A attached hereto, Client has retained Architect, and Architect has agreed to provide to the Client, the following professional services with respect to the project referenced above: The Architect’s services consist of the services outlined in Exhibit B, which is attached. E. EXCLUSIONS: Permits and fees; surveying, geo-technical report, traffic report, traffic light, channelization, signing, street lighting, clearing and grubbing plan, forest practice permit and reimbursable. F. FEES: Compensation shall be an estimated amount NOT TO EXCEED $279,602.00, based upon hourly rates listed in Exhibit A and sub-consultant agreements. Sub-consultant agreements will include 10% markup. Fees based upon MACC maximum amount construction cost, which is estimated to be an amount of $2,796,015 with a maximum of 10% fee. City of Arlington Smokey Point Fire Station Professional Services Contract July 8, 2008 Task Description Fee Schematic Design $ 30,000 Design Development $ 23,190 Construction Documents $ 53,801 Interiors $ 4,140 Bidding and Negotiation $ 3,450 Construction Administration $ 37,240 Woolzee Cost Estimator $ 2,750 Civil Engineering $ 39,600 Civl Asbuilt const. admin. $ 9,350 DCI Structural $ 27,445 Rice Group Mechanical $ 25,537 Ken Kok Electrical $ 20,900 Landscape $ 2,200 $ 279,602 Cost and compensation over and above the not to exceed estimate must be approved in writing prior to the work being performed. Written documentation shall be in the form of a change order signed by both parties. G. ADDITIONAL COSTS & REIMBURSABLES: Computer Plots 24x36 $25.00 each Computer Plots 30x42 $35.00 each Mileage $0.68 per mile Blueprints, reprographics, Cost plus 15% Postage and delivery services Cost plus 15% Outside consultants Cost plus 10% H. ADDITIONAL SERVICES: Additional services will be billed at hourly rates listed in Exhibit A. No additional services are to be billed without the prior written authorization of the Client. APPROVED and ACCEPTED in accordance with General Terms & Conditions referred to as Exhibit A. By: By: Client or Client’s Authorized Representative Carletti Architects, P.S. Name: Name: Peter J. Carletti Title: Title: President Date: Date:________________________________ City of Arlington Smokey Point Fire Station Professional Services Contract July 8, 2008 EXHIBIT A GENERAL TERMS and CONDITIONS Architect shall perform the services described in the Professional Services Contract attached hereto (“Contract”), together with the following Terms and Conditions unless otherwise agreed to in writing signed by both parties. COMPENSATION: When compensation is based on hourly rates, the following rates shall apply. These rates are effective until 12/31/08. Carletti Architects, P.S. reserves the right to modify such hourly rates after this date. Principal.......................................$115.00/Hr. Project Manager I $90.00/Hr. Project Manager II $85.00/Hr. Project Designer I $90.00/Hr. Project Designer II $75.00/Hr. Space Planner $65.00/Hr. Drafter $70.00/Hr. 3D Modeling $75.00/Hr. Clerical $45.00/Hr. PAYMENTS: Payments for services shall be due and payable monthly according to the billings issued in accordance with paragraph F of the Contract. Payments shall include the compensation for time spent to date plus additional costs and reimbursable as described in paragraph G of the Contract. Payments are due upon receipt of billing. Payments which remain unpaid over forty five (45) days past receipt by a Client shall bear late charges of 1.5% per month. If payments for amounts due under this Contract or any portion are not timely paid in accordance with the terms of the Contract, such Client agrees to pay all costs of collection, including reasonable attorneys’ fees, if the matter is placed in the hands of an attorney for collection. If suit shall be brought, jurisdiction and venue shall be in Snohomish County, State of Washington. TERMINATION: Either party upon twenty (20) days written notice may terminate this agreement. In the event of termination by the Client, which termination is not due to the fault of the Architect, then the Architect shall be compensated for all services performed up to and through the termination date. OWNERSHIP OF DOCUMENTS: Whether this contract is terminated by either party, or completed, the Client shall make payment to the Architect for services which have been completed and upon making such payment, the Client shall receive ownership of the property rights, including copyrights, of all documents, drawings, specifications, electronic data and information (“documents”) prepared, provided or procured by the Architect or by consultants retained by the Architect for this Project. The Client shall have the right to use, to reproduce and to make derivative works from the documents to complete the Project. The Client may use, reproduce or make derivative works from the documents to modify, alter or change the Project including for purposes of subsequent renovation and remodeling of the Project, but shall not use, reproduce or make derivative works from the documents for other projects. The Clients’ use of the documents without the Architect’s involvement is at the Client’s sole risk, except for the Architect’s indemnification obligation as to the Client only arising out of the work performed under this agreement, and the Client shall defend, indemnify and hold harmless the Architect and its consultants, and the agents, officers, directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses arising out of or resulting from such use. Similarly, the Architect City of Arlington Smokey Point Fire Station Professional Services Contract July 8, 2008 shall obtain from its consultants property rights and rights of use that correspond to the rights given by the Architect to the Client. CLIENT INFORMATION: The Client shall provide full information including a program, setting forth the Client’s design objectives, constraints and criteria, a legal description and certified land survey showing boundary and topography of the site and the services of soil engineers or other consultants when such services are deemed necessary by the Architect. The services, information, surveys, and reports required shall be furnished at the Client’s expense and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. CONSTRUCTION: The Architect shall not have control or charge of, and shall not be responsible for, construction means and methods, safety precautions, acts or omissions or general performance of the contractor. Construction observation and administration of the contract by the Architect does not relive the contractor of that responsibility. STANDARD OF CARE: Services provided by the Architect under this agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same area. Upon notice to the Architect, by mutual agreement between the parties, the Architect. will correct those services not meeting such a standard without additional compensation. COST ESTIMATES: Cost estimates provided by the Architect are on the basis of experience, judgement, and available cost publications. Since market conditions and bidding procedures are not consistent from job to job, the Architect does not warrant that bids or as-built construction cost will not vary from the cost estimates provided by our firm. INDEMNIFICATION: To the fullest extent permitted by law and except as limited in the “Ownership of Documents” section herein, the Architect shall defend, indemnify and hold harmless Client from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from the performance of Architect’s work provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of property, but only to the extent caused by the negligent acts or omissions of the Architect or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless or whether or not such claim, damage, loss or expense is caused in part by the party indemnified herein. ALTERNATIVE DISPUTES RESOLUTION: In an effort to resolve any conflicts that arise during or following the completion of the Project, the Clients and the Architect agree that all disputes arising out of or relating to this Contract shall be submitted to non-binding mediation under auspices of the Construction Industry Mediation Rules of the American Arbitration Association unless the Parties mutually agree otherwise, as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for longer period by agreement of the Parties or court order. The Parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Claims, disputes, and other matters in question between the Parties that are not resolved by mediation shall be decided by arbitration which, unless the Parties City of Arlington Smokey Point Fire Station Professional Services Contract July 8, 2008 mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Contract and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute other matter in question has arisen. In no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statue of limitations. The award rendered by the arbitrator or arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. MAINTENANCE/WEAR & TEAR: All structures are subject to wear and tear and environmental and man-made exposures. As a result, all structures require regular and frequent monitoring and maintenance to prevent damage and deterioration. Such monitoring and maintenance are the sole responsibility of the Client. The Architect shall have no responsibility for such issues or resulting damage. INSURANCE: The Architect shall obtain and maintain the minimum limits of liability insurance set forth below: Personal injury (bodily injury) affording limits of liability of $1,000,000 for each occurrence, for personal injury (bodily injuries) or death suffered or alleged to have been suffered by any person or persons by reason of or in the course of performance under the agreement. Whether occurring by reason of negligent acts or omissions of the Architect, or any subcontractor, or both. Such insurance shall be maintained during the term of this agreement and shall include, if applicable completed operations and products liability coverage. Property damage, affording limits of liability of $1,000,000 for each occurrence, covering damages to property suffered or alleged to have been suffered by any person or persons by reason of or in the course of performance under agreement, whether occurring by reason of acts or omissions of the Architects or any sub-contractor, or both. Such insurance shall be maintained during the term of this agreement. The Architects shall obtain and maintain professional liability insurance affording limits of liability of $1,000,000 for each claim and $2,000,000 annual aggregate, to protect the Architect from claims arising out of the performance under this agreement and caused by any negligent acts, errors, or omissions of any person or persons employed by the Architect or its agents, or employees. Also need auto coverage and certified copy with city as additional insured. PROFESSIONAL SERVICES CONTRACT A. PARTIES: This contact is between CARLETTI ARCHITECTS, P.S., hereinafter referred to as “Architect”, and City of Arlington hereinafter referred to as “Client”. B. PROJECT INFORMATION: Project Name: Remodel Station #46 Job #: 08-122 Project Location: 137 N MacLeod Way, Arlington, WA C. PROJECT DESCRIPTION: Client intends to demolish a portion of an existing Fire Station and construct a new two-story wood framed addition. The existing Fire Station consists of two structures with a 1961 original building and a 1973 addition. The total square footage of the existing building is 6,184 S.F. plus 202 S.F. of a raised hose tower area. Client intends to demolish a portion of the existing station containing training rooms, admin and sleeping quarters of approximately 1,673 S.F. Phase I project will then consist of removal of the existing pitched roof area over the remaining apparatus bays and hose tower; and roof renovation to approximately 6,000 S.F. The new two-story addition will contain approximately 2,200 S.F. per floor with flat roof and parapets. The addition will be a training room and office space on the first floor and sleeping quarters and day room on the second floor. Consideration will be given for conversion of the space into future City offices. Site improvements and drainage upgrades to accommodate the new addition will also occur. No seismic upgrades will be made to the existing apparatus bays, which are to remain. Client has a ten year plan and in ten years they will be demolished for a future parking lot and/or more office space with a new Fire Station to be constructed in a different location. Phase II of the project, the existing fire administration structure located to the South of the site will be demolished and a new parking lot will be created with new paving and drainage. D. SCOPE OF SERVICES: Based upon the terms set forth below this contract, including the General Terms and Conditions set forth in Exhibit A attached hereto, Client has retained Architect, and Architect has agreed to provide to the Client, the following professional services with respect to the project referenced above: The Architect’s services consist of the services outlined in Exhibit B, which is attached. E. EXCLUSIONS: Permits and fees; outside consultants including surveying, geo-technical report, Level 1 report, traffic report, asbestos survey, contaminated remediation and reimbursable. City of Arlington Fire Station #46 Remodel Professional Services Contract July 8, 2008 F. FEES: Compensation shall be an estimated amount NOT TO EXCEED $181,040.00, based upon hourly rates listed in Exhibit A and sub-consultant agreements. Sub-consultant agreements will include 10% markup. Fees based upon MACC maximum amount construction cost, which is estimated to be an amount of $1,535,545 with a maximum of 11.79% fee. Task Description Fee Schematic Design $ 15,460.00 Design Development $ 15,460.00 Construction Documents $ 42,980.00 Interiors $ 3,400.00 Bidding and Negotiation $ 3,550.00 Construction Administration $ 34,520.00 Woolzee Cost Estimator $ 2,750.00 Civil Engineering $ 22,770.00 DCI Structural $ 14,850.00 Rice Group Mechanical $ 11,000.00 Ken Kok Electrical $ 12,650.00 Landscape $ 1,650.00 $ 181,040.00 Cost and compensation over and above the not to exceed estimate must be approved in writing prior to the work being performed. Written documentation shall be in the form of a change order signed by both parties. G. ADDITIONAL COSTS & REIMBURSABLES: Computer Plots 24x36 $25.00 each Computer Plots 30x42 $35.00 each Mileage $0.68 per mile Blueprints, reprographics, Cost plus 15% Postage and delivery services Cost plus 15% Outside consultants Cost plus 10% H. ADDITIONAL SERVICES: Additional services will be billed at hourly rates listed in Exhibit A. No additional services are to be billed without the prior written authorization of the Client. APPROVED and ACCEPTED in accordance with General Terms & Conditions referred to as Exhibit A. By: By: Client or Client’s Authorized Representative Carletti Architects, P.S. Name: Name: Peter J. Carletti Title: Title: President Date: Date:______________________________ City of Arlington Fire Station #46 Remodel Professional Services Contract July 8, 2008 EXHIBIT A GENERAL TERMS and CONDITIONS Architect shall perform the services described in the Professional Services Contract attached hereto (“Contract”), together with the following Terms and Conditions unless otherwise agreed to in writing signed by both parties. COMPENSATION: When compensation is based on hourly rates, the following rates shall apply. These rates are effective until 12/31/08. Carletti Architects, P.S. reserves the right to modify such hourly rates after this date. Principal............................................... $115.00/Hr. Project Manager I ............................... $90.00/Hr. Project Manager II ..... $85.00/Hr. Project Designer I ............................... $90.00/Hr. Project Designer II .............................. $75.00/Hr. Space Planner ..................................... $65.00/Hr. Drafter ............................................... $70.00/Hr. 3D Modeling ...................................... $75.00/Hr. Clerical .............................................. $45.00/Hr. PAYMENTS: Payments for services shall be due and payable monthly according to the billings issued in accordance with paragraph F of the Contract. Payments shall include the compensation for time spent to date plus additional costs and reimbursable as described in paragraph G of the Contract. Payments are due upon receipt of billing. Payments which remain unpaid over forty five (45) days past receipt by a Client shall bear late charges of 1.5% per month. If payments for amounts due under this Contract or any portion are not timely paid in accordance with the terms of the Contract, such Client agrees to pay all costs of collection, including reasonable attorneys’ fees, if the matter is placed in the hands of an attorney for collection. If suit shall be brought, jurisdiction and venue shall be in Snohomish County, State of Washington. TERMINATION: Either party upon twenty (20) days written notice may terminate this agreement. In the event of termination by the Client, which termination is not due to the fault of the Architect, then the Architect shall be compensated for all services performed up to and through the termination date. OWNERSHIP OF DOCUMENTS: Whether this contract is terminated by either party, or completed, the Client shall make payment to the Architect for services which have been completed and upon making such payment, the Client shall receive ownership of the property rights, including copyrights, of all documents, drawings, specifications, electronic data and information (“documents”) prepared, provided or procured by the Architect or by consultants retained by the Architect for this Project. The Client shall have the right to use, to reproduce and to make derivative works from the documents to complete the Project. The Client may use, reproduce or make derivative works from the documents to modify, alter or change the Project including for purposes of subsequent renovation and remodeling of the Project, but shall not use, reproduce or make derivative works from the documents for other projects. The Clients’ use of the documents without the Architect’s involvement is at the Client’s sole risk, except for the Architect’s indemnification obligation as to the Client only arising out of the work performed under this agreement, and the Client shall defend, indemnify and hold harmless the Architect and its consultants, and the agents, officers, directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses arising out of or resulting from such use. Similarly, the Architect City of Arlington Fire Station #46 Remodel Professional Services Contract July 8, 2008 shall obtain from its consultants property rights and rights of use that correspond to the rights given by the Architect to the Client. CLIENT INFORMATION: The Client shall provide full information including a program, setting forth the Client’s design objectives, constraints and criteria, a legal description and certified land survey showing boundary and topography of the site and the services of soil engineers or other consultants when such services are deemed necessary by the Architect. The services, information, surveys, and reports required shall be furnished at the Client’s expense and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. CONSTRUCTION: The Architect shall not have control or charge of, and shall not be responsible for, construction means and methods, safety precautions, acts or omissions or general performance of the contractor. Construction observation and administration of the contract by the Architect does not relive the contractor of that responsibility. STANDARD OF CARE: Services provided by the Architect under this agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same area. Upon notice to the Architect, by mutual agreement between the parties, the Architect. will correct those services not meeting such a standard without additional compensation. COST ESTIMATES: Cost estimates provided by the Architect are on the basis of experience, judgement, and available cost publications. Since market conditions and bidding procedures are not consistent from job to job, the Architect does not warrant that bids or as-built construction cost will not vary from the cost estimates provided by our firm. INDEMNIFICATION: To the fullest extent permitted by law and except as limited in the “Ownership of Documents” section herein, the Architect shall defend, indemnify and hold harmless Client from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from the performance of Architect’s work provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of property, but only to the extent caused by the negligent acts or omissions of the Architect or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless or whether or not such claim, damage, loss or expense is caused in part by the party indemnified herein. ALTERNATIVE DISPUTES RESOLUTION: In an effort to resolve any conflicts that arise during or following the completion of the Project, the Clients and the Architect agree that all disputes arising out of or relating to this Contract shall be submitted to non-binding mediation under auspices of the Construction Industry Mediation Rules of the American Arbitration Association unless the Parties mutually agree otherwise, as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for longer period by agreement of the Parties or court order. The Parties shall share the mediator’s fee and any filing fees equally. The mediation shall City of Arlington Fire Station #46 Remodel Professional Services Contract July 8, 2008 be held where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Claims, disputes, and other matters in question between the Parties that are not resolved by mediation shall be decided by arbitration which, unless the Parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Contract and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute other matter in question has arisen. In no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statue of limitations. The award rendered by the arbitrator or arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. MAINTENANCE/WEAR & TEAR: All structures are subject to wear and tear and environmental and man-made exposures. As a result, all structures require regular and frequent monitoring and maintenance to prevent damage and deterioration. Such monitoring and maintenance are the sole responsibility of the Client. The Architect shall have no responsibility for such issues or resulting damage. INSURANCE: The Architect shall obtain and maintain the minimum limits of liability insurance set forth below: Personal injury (bodily injury) affording limits of liability of $1,000,000 for each occurrence, for personal injury (bodily injuries) or death suffered or alleged to have been suffered by any person or persons by reason of or in the course of performance under the agreement. Whether occurring by reason of negligent acts or omissions of the Architect, or any subcontractor, or both. Such insurance shall be maintained during the term of this agreement and shall include, if applicable completed operations and products liability coverage. Property damage, affording limits of liability of $1,000,000 for each occurrence, covering damages to property suffered or alleged to have been suffered by any person or persons by reason of or in the course of performance under agreement, whether occurring by reason of acts or omissions of the Architects or any sub-contractor, or both. Such insurance shall be maintained during the term of this agreement. The Architects shall obtain and maintain professional liability insurance affording limits of liability of $1,000,000 for each claim and $2,000,000 annual aggregate, to protect the Architect from claims arising out of the performance under this agreement and caused by any negligent acts, errors, or omissions of any person or persons employed by the Architect or its agents, or employees. Also need auto coverage and certified copy with City as additional insured. City of Arlington Council Agenda Bill AGENDA ITEM: NEW BUSINESS #3 ATTACHMENT D COUNCIL MEETING DATE: August 4, 2008 SUBJECT: Authorization for the Mayor to sign an amendment to the Collective Bargaining Agreement and related Memoranda of Understanding with the Arlington Police Officers’ Association DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: - Amendment to the Collective Bargaining Agreement - Memorandum of Understanding regarding Detective Clothing - Memorandum of Understanding regarding Canine Officer pay EXPENDITURES REQUESTED: BUDGET CATEGORY: Current Expense – Law Enforcement LEGAL REVIEW: City Attorney prepared the CBA Amendment and reviewed the finalized MOUs DESCRIPTION: Council is requested to authorize the Mayor to sign an amendment to the Collective Bargaining Agreement and two related Memoranda of Understanding (MOUs) with the Arlington Police Officers’ Association. The amendment to the Collective Bargaining Agreement provides for a mid-year salary adjustment based on the market comparables and changes the longevity pay system. HISTORY: The City and the Arlington Police Officers’ Association executed a Collective Bargaining Agreement in 2007 that covers the years 2007-2009. City staff and representatives from the Officers’ Association have held numerous discussions during the term of the contract to discuss items of mutual interest. ALTERNATIVES: - Do not authorize the Mayor to sign an amendment to the Collective Bargaining Agreement and related Memoranda of Understanding with the Arlington Police Officer’s Association RECOMMENDED ACTION: I move that Council authorizes the Mayor to sign an amendment to the Collective Bargaining Agreement and related Memoranda of Understanding with the Arlington Police Officer’s Association AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Officers) THIS AGREEMENT is entered into by and between the City of Arlington, Washington, hereinafter referred to as the Employer, and the Arlington Police Officers’ Association, hereinafter referred to as the Association. The parties are parties to a Collective Bargaining Agreement dated ______________ and covering the time period from January 1, 2007 to December 31, 2009 (“the 2007-2009 Agreement”). The parties desire to amend said agreement, effective July 1, 2008, as set forth in this Agreement. THEREFORE, in consideration of the mutual promises contained herein, the parties do agree as follows: 1. Paragraph 7.1 of the 2007-2009 Agreement shall be amended to read as follows: Wages - Employees covered by this Agreement shall receive the rates of pay as set forth in Appendix "A" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Wage steps shall be 4.5%. Appendix “A” shall reflect the following wage increases: a. Effective January 1, 2009, wage rates shall be increased by 3.5%. 2. Paragraph A.1 of Appendix “A” to the 2007-2009 Agreement shall be amended to read as follows: Effective July 1, 2008, the monthly rates of pay shall be as follows: STEP A STEP B STEP C STEP D STEP E STEP F 0-12 months 13-24 months 25-36 months 37-48 months 49-60 months 61+ months Police Officer $ 4,453 $ 4,662 $ 4,883 $ 5,113 $ 5,354 $ 5,606 STEP A STEP B 0-24 months 25+ months Master Patrol Officer $ 5,859 $ 6,122 City of Arlington/Arlington Police Officers Association Amendment to Collective Bargaining Agreement January 1, 2007 through December 31, 2009 1 City of Arlington/Arlington Police Officers Association Amendment to Collective Bargaining Agreement January 1, 2007 through December 31, 2009 2 3. Paragraph A.4 of Appendix “A” to the 2007-2009 Agreement shall be amended to read as follows: A.4 Longevity Pay - Longevity pay shall be administered as follows: A.4.1. Effective July 1, 2008, longevity pay shall be as follows: Starting with the 6th year of service: 2% Starting with the 9th year of service: 4% Starting with the 12th year of service: 6% A.4.2. Longevity shall be calculated from the employee’s base monthly salary, not including any incentive pay for education or specialties. A.4.3. Longevity shall be added to the employee’s base monthly salary. A.4.4. Longevity adjustments shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. 4. This Agreement amends the 2007-2009 Agreement, effective July 1, 2008. In all other respects and except as specifically amended herein, the 2007-2009 Agreement shall remain in full force and effect. ARLINGTON POLICE OFFICERS’ ASSOCIATION CITY OF ARLINGTON, WASHINGTON By _______________________________________ By _____________________________ Peter Barrett, President Margaret Larson, Mayor Date _____________________________________ Date ___________________________ 1  MOU – Detective Clothing  Effective 8‐5‐08  AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Officers) Memorandum of Understanding Regarding Detective Clothing Allowance June 30, 2008 The Arlington Police Officers’ Association (hereinafter the “Association”) and the City of Arlington (hereinafter the “City”) are parties to a collective bargaining agreement covering wages, hours of work and other working conditions. In exchange for the mutual promises contained herein, the parties wish to memorialize an agreement regarding clothing allowances for officers assigned to the position of Detective. Therefore, the parties acknowledge and agree to as follows: 1. Detectives, by virtue of the nature of their assignment, are required to dress in “plainclothes” while on duty. Further, this attire must be suitable for both routine duties and for appearance in Court and other legal proceedings. 2. In order to compensate Detectives for the purchase, cleaning and wear and tear on their clothes, Detectives shall receive a yearly clothing allowance of $650.00 per year. 3. The Detective clothing allowance shall be paid by separate check in January of each year for employees currently assigned as Detective. 4. Employees newly assigned to a Detective position shall receive the clothing allowance prior to the start of their assignment. 5. Upon execution of this MOU, employees currently assigned to a Detective position shall receive the clothing allowance through the next available payroll processing. Dated this _____________________ day of August, 2008 _______________________________ ____________________________________ Peter Barrett, President Margaret Larson, Mayor APOA City of Arlington 1     MOU Regarding Canine Officers  effective 8‐5‐08    AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Officers) July 16, 2008 Memorandum of Understanding Regarding Canine Officers The City of Arlington (hereinafter the “City”) and the Arlington Police Officers Association (hereinafter the “Association”) desire to memorialize their agreement regarding the compensation of Canine Officers (hereinafter K-9 officers) for the at-home care and maintenance of their assigned dogs. In exchange for the mutual promises contained herein, the Parties agree as follows: 1. For purposes of complying with both applicable Washington State and Federal wage and hour laws, the parties agree as follows: a. On average, K-9 Officers spend approximately thirty (30) minutes per day in compensable off-duty time for the routine duty related care and maintenance of an assigned dog. b. For purposes of compensating K-9 Officers for this off-duty work, the parties agree that K-9 Officers shall be compensated at the rate of three and one-half (3 ½) hours per week at the Officer’s regular rate of pay for purposes of full compensation for routine care and maintenance of the dog. c. In the event of serious injury or illness of the dog requiring multiple visits to the veterinarian and/or extended home care by the K-9 Officer, the K-9 Officer shall be paid for actual hours worked off duty necessary to care for the dog. The regular rate of pay for this work shall be the Officer’s regular rate of pay. The K-9 Officer shall notify the Chief of Police or his/her designee in the event such a circumstance arises. d. The provisions of this agreement apply exclusively to the off-duty, at-home care and maintenance of the dog. All other provisions of the collective bargaining agreement between the parties relating to compensation shall remain in full force and effect and are not modified by this agreement. 2     MOU Regarding Canine Officers  effective 8‐5‐08    2. The City reserves the right to remove the K-9 from service and relieve the K-9 Officer from the responsibility to care for the K-9 at any time. Provided, if the K-9 is removed from service with the City, the K-9 Officer shall have the option to purchase the dog from the City for $1.00. 3. The Parties acknowledge that the Canine Program is still in development. Therefore, the parties pledge their best efforts to address and resolve any further issues that arise as the Canine Program develops. Both the City and the Association anticipate that the Canine Program will be of great benefit to the citizens of Arlington and wish to maximize this benefit where possible. Dated this ________ day of August, 2008. ARLINGTON POLICE OFFICERS CITY OF ARLINGTON ASSOCIATION ________________________________ ________________________________ Peter Barrett, President Margaret Larson, Mayor