HomeMy WebLinkAbout08-18-08 Council Meeting
Arlington City Council
August 18, 2008 - 7 PM
City Council Chambers
110 E. Third
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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 August 4 & 11, 2008 meetings ATTACHMENT A
2. Accounts Payable
3. Appointment of Jim Thompson to the Planning Commission ATTACHMENT B
to fill unexpired term to April 1, 2009
PUBLIC HEARING
1. Proposed Comprehensive Plan Amendments (and Concurrent Rezones) ATTACHMENT C
UNFINISHED BUSINESS
1. Sewer Comprehensive Plan Previously distributed
NEW BUSINESS
1. Airport Timber Sale ATTACHMENT D
2. ILA for Vehicle Maintenance ATTACHMENT E
3. Adoption of Resolution No 775, Arlington Municipal Cemetery ATTACHMENT F
Rules and Regulations
4. Authority to Award East 1st Street Sewer Extension Bid ATTACHMENT G
5. East 1st Street Sewer Extension – Pipeline Agreements with Burlington ATTACHMENT H
Northern Santa Fe Railroad
6. City Hall Roof Repair ATTACHMENT I
7. Amendments to Prosecutor Contract ATTACHMENT J
8. Contract for Telecom Consultant ATTACHMENT K
9. Resolution 776, endorsing the concept of the creation ATTACHMENT L
of the Arlington Flowering Trestle (aka the "Bridge of Flowers")
DISCUSSION ITEMS
INFORMATION
1. Planning Intern Troy Davis presentation of Smokey Point Boulevard Presentation
Master Plan Concept
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.
MAYOR’S REPORT
ADMINISTRATOR & STAFF REPORTS
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
DRAFT
Minutes of the Arlington
City Council Meeting
Council Chambers
110 East Third
August 4, 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: Allen Johnson, Kristin Banfield, Len Olive, Jim Rankin, Paul Ellis, Sheri Amundson,
Mark Pennington, Ed Erlandson, Peter Barrett, Roxanne Guenzler, Steve Peiffle – City Attorney
Also Known to be Present: Virginia Hatch, Guy Kennedy
Mayor Larson called the meeting to order at 7:00PM and the pledge of allegiance followed.
APPROVAL OF THE AGENDA
There was a motion by Marilyn Oertle and seconded by Chris Raezer to approve the Agenda. The
motion passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
There were no special guests for this evening.
PUBLIC COMMENT
No one in the audience wished to speak on items not on the Agenda.
CONSENT AGENDA
There was a motion by Marilyn Oertle, seconded by Chris Raezer, and unanimously carried to approve
the following consent agenda items:
1. Minutes of July 21 and 28, 2008 meetings
2. Accounts Payable
Claims Checks # 54177 through #54329 in the amount of $367,392.27 and
Payroll Checks # 24570 through #24623 in the amount of $1,225,769.77
PUBLIC HEARING
There were no items for a Public Hearing.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
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
Sally Lien moved to approve Resolution 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 Plan of Haller City.
Steve Baker seconded the motion which passed with a unanimous vote.
Page 1 of 2
Minutes of the City of Arlington City Council Meeting DRAFT Date, 2008
Page 2 of 2
Extension of Professional Services Agreement with Carletti Architects to Provide Construction
Documents on Fire Stations 46 and 48.
Scott Solla moved to authorize the Mayor to sign a professional services agreement with Carletti
Architects to provide architectural and engineering services on Fire Stations 46 (downtown station) and
48 (Smokey Point station). Sally Lien seconded the motion which passed with a unanimous vote.
Authorize the Mayor to sign an Amendment to the Collective Bargaining Agreement and Related
Memoranda of Understanding with the Arlington Police Officers’ Association
Sally Lien moved to authorize the Mayor to sign an amendment to the Collective Bargaining Agreement
and related Memoranda of Understanding with the Arlington Police Officers’ Association. Dick Butner
seconded the motion which passed with a unanimous vote.
INFORMATION
Public Works Director Len Olive spoke briefly to the Draft Sewer Comprehensive Plan stating the Public
Comment period was open until August 31, 2008.
MAYOR’S REPORT
Mayor Larsen reviewed the meetings she had attended.
ADMINISTRATOR & STAFF REPORTS
Assistant City Administrator Kristin Banfield gave a brief demo of the improved City website. City
Administrator Allen Johnson gave a brief report on Snohomish County Fully Contained Communities.
CITY COUNCIL COMMITTEE REPORTS
Graham Smith, Marilyn Oertle, Chris Raezer and Steve Baker gave brief reports, while Dick Butner, Scott
Solla and Sally Lien had no report at this time.
EXECUTIVE SESSION
City Attorney announced that there would be need for a 30-minute Executive Session to review the
performance of a public employee [RCW 42.30.110(1)(g)] and to discuss pending or potential litigation
[RCW 42.30.110(1)(i)].
RECONVENE
The Council reconvened at 8:09PM.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:09 PM.
____________________________
Margaret Larson, Mayor
DRAFT
Minutes of the Arlington
City Council Workshop
Council Chambers
110 East Third Street
August 11, 2008
Dick Butner, Sally Lien, Graham Smith, Scott Solla, Steve Baker, Chris Raezer, Marilyn Oertle, Mayor
Larson, Allen Johnson, Kristin Banfield, Len Olive, Jim Kelly, Bryan Terry, Cristy Brubaker, Vic Ericson,
Rob Putnam, Paul Ellis, Terry Quintrall, Jan Bauer, Steve Peiffle – City Attorney
Council Members Absent: There were no Councilmembers absent.
Also Known to be Present: Kirk Boxleitner, Allen Ice
Mayor Larson called the meeting to order at 7:00PM.
Marilyn Oertle moved to approve the Workshop Agenda. Graham Smith seconded the motion, which
passed with a unanimous vote.
Beth Hill Trail Coalition “Bridge of Flowers” Presentation
Assistant to the City Administrator for Special Projects Paul Ellis introduced Beth Hill and Dwayne
Weston. Both addressed the Council with a power point presentation, and distributed a hand-out on the
topic of a proposed “Bridge of Flowers” for the Haller Bridge.
Interlocal Agreement for Vehicle Maintenance
Acting Police Chief Terry Quintrall introduced Snohomish County Public Works Fleet Manager Allen
Mitchell who distributed Overview of Fleet Management information to the Council and discussed the City
ILA renewal for vehicle maintenance with Snohomish County. Mr. Mitchell then answered Council
questions.
Prothman – Police Search
Mr. Prothman addressed the Council and asked for direction concerning the search for a new Arlington
Police Chief. During the presentation Mr. Prothman answered Council questions and listened to Council
concerns and replacement qualification requests.
There was a Workshop recess from 8:05PM to 8:10PM.
Amendments to Prosecutor Contract
Assistant City Administrator Kristin Banfield addressed the City’s contract for prosecuting services, the
requested increase in contract fees, and the reasons for increased rates. Ms. Banfield then answered
Council questions, and discussion followed.
Cemetery Rules and Regulations
Public Works Director Len Olive noted that the Cemetery was recently placed under the direction of the
Public Works Department. Cemetery Boardmember Alan Ice and Mr. Olive answered Council questions
regarding the new Arlington Cemetery Board recommended Rules and Regulations for the Arlington
Municipal Cemetery. They then answered Council questions.
Page 1 of 2
Minutes of the City of Arlington City Council Meeting DRAFT August 11, 2008
Page 2 of 2
Bid Results for East 1st Street Sewer Extension
Utilities Manager Jim Kelly distributed East 1st Street bid information and addressed the information. Mr.
Kelly answered Council questions throughout the presentation
Update on the 67th Avenue Medians
Mr. Olive gave a report on the 67th Avenue project, noting updates of the planters and medians. He
stated that no major road closures are anticipated throughout the project.
Contract for Telecom Consultant
Information Services Manager Bryan Terry answered questions regarding the contract for a consultant to
help with telephone systems selection and implementation. Mr. Terry also noted that he is in the process
of searching for wireless microphones for the Council Chambers.
Timber Sale Bid
Airport Manager Rob Putnam addressed the Airport timber sale. The bid has gone out, and revenue and
clearing cost estimates have been obtained. Mr. Putnam recommends Carson Logging for the project.
City Hall Roof Repair
Paul Ellis noted that the roof replacement is an overlay and the last major project for improvement of the
City Hall building. He described the process, noted the warranty, had an example of the product, and
answered that this is already in the budget.
ADJOURNMENT
The meeting was adjourned at 8:49PM.
____________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #3
ATTACHMENT B
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT:
Appointment of Jim Thompson to
Planning Commission
DEPARTMENT OF ORIGIN:
Executive
ATTACHMENTS:
Application for Boards & Commissions from Jim Thompson.
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
N/A
DESCRIPTION:
This is to fill an unexpired term on the Planning Commission.
HISTORY:
A recent vacancy on the Planning Commission preceded advertising for a new Commissioner in
the Arlington Times and the Arlington Update. Representatives from Staff, Planning
Commission and City Council met as a panel to interview the two applicants who recently
submitted applications. The panel chose Mr. Thompson and reviewed with Mayor Larson.
COMMITTEE REVIEW AND ACTION:
N/A
ALTERNATIVES:
-Do not appoint Mr. Thompson To Planning Commission.
RECOMMENDED ACTION:
“I move that Jim Thompson be appointed to fill the unexpired term on the Planning Commission
to April 1, 2009.”
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Public Hearing
ATTACHMENT C
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT:
CONTINUED PUBLIC HEARING: Proposed
Comprehensive Plan Amendments (and
Concurrent Rezones)
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
1. Minutes of June 16, 2008 City Council meeting.
EXPENDITURES REQUESTED:
N/A
BUDGET CATEGORY: N/A
DESCRIPTION:
An application for an amendment to the Comprehensive Plan land use map and an amendment
to the Land Use Code zoning map (rezone) is a public hearing review process. It requires a
public hearing before the Planning Commission, after which the Commission’s
recommendations on the application are forwarded to the City Council. The Council holds a
closed record hearing on the rezone but may hold its own public hearing on the amendment to
the Comprehensive Plan before making the decision on the applications. (The rezone falls
under the scope of the state’s restriction that only one public hearing be allowed.)
The remaining amendments (separate application for each CPA and rezone) were proposed for
2008. The project name, number, applicant, location, and brief description are provided.
1. Graafstra Lowlands CPA (PLN20080006) and Concurrent Rezone (PLN20080007), City-
initiated, approximately 137 acres of Graafstra Farm lowland in the City’s UGA at the
northeast part of the City, amend prezoning of Low/Moderate Density Residential (RLMD)
to Public/Semi-Public (P/SP). Action to be postponed to November 3, 2008.
2. Cedar Stump CPA (PLN2008014) and Concurrent Rezone (PLN20080015), City-initiated,
approximately 116 acres in the City’s UGA located east of I-5 and north of 188th Street NE
from the City limits to the 200th Street NE overpass, amend prezoning of Light Industrial
(LI) to various proposed zoning options, including Highway Commercial (HC),
Neighborhood Commercial (NC), and High Density Residential (RHD). Action to be
postponed to November 3, 2008.
3. Transportation CPA (PLN20080022), City-initiated, City-wide, amend Chapter 11 and
update Transportation Comp Plan. Action to be postponed to November 3, 2008.
4. Water System CPA (PLN20080023), City-initiated, City-wide, amend Chapter 11 and
update Water Comp Plan. Action to be postponed to November 3, 2008.
5. Sewer System CPA (PLN20080024), City-initiated, City-wide, amend Chapter 11 and
update Sewer Comp Plan. Action to be postponed to November 3, 2008.
City of Arlington
Council Agenda Bill
6. Stormwater System CPA (PLN20080025), City-initiated, City-wide, amend Chapter 11 and
adopt Stormwater Comp Plan to reflect current conditions, update hydraulic and surface
water modeling, identify current stormwater issues, and present capital improvement
project options along with associated costs to address stormwater issues. Action to be
postponed to November 3, 2008.
HISTORY:
Applications for CPA’s and rezones were submitted before the January 31, 2008 deadline.
Determinations of Nonsignificance were issued, and Notices of Public Hearing were published,
posted, and mailed. Per AMC Title 20, Land Use Code, Section 20.96.070 ( Ultimate Issue Before
Council on Amendments), in deciding whether to adopt a proposed amendment, the central
issue is whether the proposed amendment advances the public health, safety, or welfare. All
other issues are irrelevant.
COMMITTEE REVIEW AND ACTION:
On February 25, 2008, the City Council held a workshop on the CPA’s. Determinations of
Nonsignificance were issued, and Notices of Public Hearing were published, posted, and
mailed. On May 20, 2008, the Planning Commission held a workshop on the CPA’s. On June 3,
2008, the Planning Commission held a public hearing on the CPA’s and rezones and voted to
continue their public hearing to August 5, 2008 for these 8 applications (separate application for
each CPA and rezone). On August 5, 2008, the Commission voted to continue their hearing to
October 21, 2008. On June 16, 2008, the City Council held a public hearing on the CPA’s and
rezones and voted to continue their hearing to August 18, 2008 for these 8 applications. Staff is
recommending the Council continue the hearing to November 3, 2008 because there are still
unresolved issues with the Graafstra Lowlands and Cedar Stump applications and the plans for
the remaining items are still being completed. (FYI, on July 21, 2008 the Council took action on
the rest of the CPA and rezone applications.) The CPA’s and rezones have been reviewed by
the State Department of Community, Trade, and Economic Development and they had no
comments.
ALTERNATIVES:
1. See recommended action below; and/or
2. Remand to staff to clarify any issue that Council deems appropriate.
RECOMMENDED ACTION:
1. Continue the public hearing to November 3, 2008 for Graafstra Lowlands CPA
(PLN20080006) and Concurrent Rezone (PLN20080007), Cedar Stump CPA (PLN20080014)
and Concurrent Rezone (PLN20080015), Transportation CPA (PLN20080022), Water System
CPA (PLN20080023), Sewer System CPA (PLN20080024), and Stormwater System CPA
(PLN20080025).
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT D
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT: Airport Timber Sale #20
DEPARTMENT OF ORIGIN:
Airport
ATTACHMENTS: Site Plan
EXPENDITURES REQUESTED: $28,253.40
BUDGET CATEGORY: Airport Improvement Fund
LEGAL REVIEW: Yes
DESCRIPTION: The airport timber sale consists of two areas; the future firehall site and some
timber along Airport Blvd. Part of the project prospectus included stump removal on the
firehall site. The site along Airport Blvd was logged approximately 20- years ago and only the
marketable trees will be removed from this area.
HISTORY: This is the 20th timber sale on the airport. The firehall project was the catalysis for
doing another sale at this time. The timber was cruised and timber marked by Professional
Forestry Inc. who then prepared the prospectus. . The project was put out for bid mid-July with
bids due August 4, 2008. Two companies bid on the project; Carlson Logging & Excavating Inc
and Northern Land Management. Both companies submitted identical amounts for the timber,
$41.76 per ton, but Carlson Logging submitted $6,200 per acre for clearing versus Northern
Land Management who submiteed a price of $6,400 per acre. The estimated revenue for the
project is $45,000. The prospectus called for a minimum of 4.2 acres of clearing which comes
out to $28,253 w/tax. Leaving a balance of approximately $11,000 after Professional Forestry
Inc’s fees.
ALTERNATIVES: Approve staff’s recommendation with modifications
Table
Deny
RECOMMENDED ACTION:
“I move that the logging contract for the Airport timber sale be awarded to Carlson Logging &
Excavation Inc.”
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT E
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT:
Renewal of the Interlocal Agreement for
Vehicle Maintenance with Snohomish County
DEPARTMENT OF ORIGIN: POLICE
Contact: Terry Quintrall, Acting Police Chief,
403-3400
ATTACHMENTS:
Proposed Amendment to Fee Structure
EXPENDITURES REQUESTED: An additional $15,000 may be needed for this
line item in 2009 budget
BUDGET CATEGORY: Vehicle Repair & Maintenance
LEGAL REVIEW:
DESCRIPTION:
This is the annual renewal of the Interlocal Agreement that allows the Police Department
vehicles to be maintained, repaired, and new equipment installed by the County’s Fleet
Maintenance Division. This agreement’s pricing structured has these increases: Labor Rate
from $61.88 to 84.70 per hour and parts mark up is cost plus 48%
HISTORY:
Since 2002, the Police Department has used this service to for its entire fleet. Now, most of the
work is done at the County’s Arlington Shop. The county provides this service to the Sheriff’s
Office and seven other city police departments. Their staff are experts on police vehicles and
the city receives excellent service at a price that is lower than the retail market. This has
benefited the city in that most police vehicles are lasting longer than normally projected. The
reason for the price increase is an internal restructuring of the distribution of expenses within
the county plus new collective bargaining agreements. This is a 22% increase and because the
current budget line item is on-track for the expenses under the old agreement. This line item
will likely be exceeded under the new agreement by $15,000 for this year.
COMMITTEE REVIEW AND ACTION:
The Public Safety Chair will be reviewing this before the scheduled council meeting. This was
reviewed at the August 11, 2008 Council Workshop.
ALTERNATIVES:
Find another service delivery system to maintain the police vehicle fleet.
RECOMMENDED ACTION:
“I move that the Mayor be authorized to sign the amendment to the Interlocal Agreement for
Furnishing Fleet Maintenance/Repair Services with Snohomish County.”
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT F
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT: Adoption of Resolution No. 775
Arlington Municipal Cemetery Rules and
Regulations
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• Resolution No.
• Final Draft of Rules and Regulations
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed all documents
DESCRIPTION: The Arlington Cemetery Board is recommending approval of Resolution No.
775, adopting the attached Rules and Regulations for the Arlington Municipal Cemetery.
HISTORY: The Arlington Cemetery Board is currently working with staff on the development
of a Business Plan for the Arlington Municipal Cemetery. One element of this plan was the
implementation of a revised fee schedule which was approved by Council and became effective
on July 1, 2008. Another element is the adoption of Rules and Regulations regarding physical
operations and practices at the Cemetery.
ALTERNATIVES:
• Remand to Staff for additional information
• Table pending further discussion
• Deny action with or without prejudice
RECOMMENDED ACTION:
Motion to approve Resolution No. 775, adopting Rules and Regulations for Arlington
Municipal Cemetery.
ARLINGTON MUNICIPAL CEMETERY RULES AND REGULATIONS
1. Rules and regulations – Purpose – Amendments
1.1 The rules and regulations set out herein are made only for the benefit of the grave
owners and are designed to limit their rights insofar as such limitations are for the
benefit of all. If the rules and regulations are not made, the exercise by certain
persons, of what would seem to be their proper rights, would interfere with the
rights and enjoyment of others, as well as destroy the general scheme and beauty
of the property. No rule has been adopted except as is necessary to preserve the
rights of all for whom the City considers itself the trustee.
1.2 The City may, and hereby expressly reserves the right, at any time or times, to
adopt new rules and regulations, or to amend, alter, or repeal any rule, regulation
or article, section, paragraph or sentence in these rules and regulations. Any such
change in rules and regulations shall be binding upon all parties without notice.
Copies may be had upon application to the city clerk.
2. Definitions
2.1 “Burial” means the disposition of human remains by earthen burial in a grave.
2.2 “Cemetery” means the burial ground commonly known as Arlington Municipal
Cemetery, including, without limitations:
A. All land dedicated, reserved or used for interment of the remains of human
dead.
B. All vegetation therein.
C. All graves, mausoleums, crypts, columbaria, niches or other interment
spaces therein.
D. All works of art therein.
E. All roads, walkways and other structures of every kind therein.
F. All equipment and facilities incidental to the operation of Arlington
Municipal Cemetery.
2.3 “City” means the City of Arlington.
2.4 “Columbarium” means a structure or other space containing niches for permanent
inurnment of cremated remains.
2.5 “Committal” means the part of a funeral service, which commits the remains of
the deceased to their final resting place.
2.6 “Companion graves” means two single graves side by side or of one double depth
grave.
2.7 “Cremated remains,” means a human body after cremation in a crematory.
2.8 “Crypt” means a space in a mausoleum of sufficient size, used or intended to be
used, to entomb uncremated human remains.
2.9 “Endowment care” means cutting of the lawns on the graves and other lawn areas,
pruning shrubs and trees within the cemetery at reasonable intervals, and the
general maintenance of the cemetery including building roads, fences, etc., in so
far as the net income derived from the endowment care fund will permit. The
Cemetery Rules & Regulations
7/16/2008 2
term “endowment care” shall not include any of the following: Cleaning,
maintenance, repair or replacement of any memorial placed or erected upon plots;
hand trimming around memorials; planting of flowers or ornamental plants;
maintenance or doing of any special or unusual work in the cemetery;
reconstruction of any marble, granite, bronze or concrete work in the Cemetery,
or of any buildings or structures, to restore or repair damage. The City may use
income received from an endowment care fund for the above purposes if in its
judgment it is advisable to do so.
2.10 “Entombment” means the placement of human remains in a crypt either above or
belowground.
2.11 “Funeral” means a memorial service for a deceased person.
2.12 “Grave” means a space of land in a cemetery used or intended to be used for the
burial of human remains.
2.13 “Grave owner” or “owner” means any person in whose name an interment plot
stands of record as owner, in the records of the Cemetery at Arlington City Hall.
2.14 “Human remains” or “remains” means the body of a deceased person, and
includes the body in any stage of decomposition except cremated remains.
2.15 “Interment” means the (a) burial, (b) entombment or (c) inurnment of human
remains.
2.16 “Inurnment” means placing of cremated remains in an urn in a grave, crypt, or
niche.
2.17 “Mausoleum” means a structure or building for the entombment of human
remains in crypts in a place used, or intended to be used, for cemetery purposes.
2.18 “Memorial” means (a) a monument, tombstone, grave marker, tablet or headstone
identifying a grave or graves or (b) a nameplate or inscription identifying a crypt
or niche to preserve remembrance.
2.19 “Niche” means a space in a columbarium used or intended to be used for the
inurnment of cremated human remains.
2.20 “Plot” means a grave, niche or crypt.
2.21 “Vault” or “Liner” means any container that is buried in the ground and into
which human remains are place in the burial process.
3. Cemetery Operations
3.1 Cemetery Hours. Visiting hours during which the Cemetery grounds are open are
from 8:00 a.m. to 8:00 p.m. or dusk (whichever is earlier) daily and normal burial
hours shall be limited during weekdays to the hours of 9:00 a.m. to 3:00 p.m.
Any burial performed after these hours will be charged an additional overtime fee.
3.2 Authority of Cemetery Staff. The Cemetery staff is/are empowered to enforce all
rules and regulations and to exclude from the Cemetery any person violating the
same. Cemetery staff is responsible for the grounds and buildings. All persons in
the Cemetery, including those attending funerals, employees, plot owners and
visitors shall comply with this code and directions of City staff.
3.3.1 Trimming and pruning trees and shrubs. No one except authorized city personnel
shall prune, trim, or remove any part of trees or shrubs in the Cemetery. The City
shall have the right to enter upon the grave and prune, trim or remove any part of
trees or shrubs that become detrimental, dangerous or objectionable to adjacent
graves, walks or avenues.
3.4 Application of Fertilizers, Pesticides, and Herbicides. Application of fertilizers,
pesticides, and herbicides by the public maintaining gravesites on Cemetery
property is strictly prohibited.
3.5 Access ways and rights-of way. The cemetery shall have an adequate access road
leading to and from the cemetery property on the public road and shall be so
situated that there shall not be created any traffic congestion or hazard. The City
Engineer shall be satisfied that property so selected shall not impede any potential
rights-of-way, public or private.
4. Regulations regarding Conduct within the Cemetery
4.1 Admission to Cemetery. Visitors and the public are invited to utilize the
Cemetery in a manner consistent with its purpose as a place of interment and as a
memorial, subject to the following:
A. Children are not permitted on the premises unless in the company of a
responsible adult and they shall be supervised at all times, unless prior
written authorization from the City has been obtained.
B. The headstones and monuments on the premises shall not be handled,
climbed upon or otherwise mistreated.
C. No one shall move, repair, or otherwise alter any monument or headstone
without written consent of the City.
D. No one shall deface or otherwise damage any monument or headstone.
E. Pets must be on a leash at all times. Animals are not allowed to defecate
in any part of the Cemetery, pet owners will be held liable for all clean up
expenses.
4.2. Vehicles. All vehicles must be kept under control at all times. No vehicle shall
be driven in any part of the Cemetery except on the driveways laid out for that
purpose. Vehicles shall not be driven in the Cemetery at a speed exceeding 10
miles per hour.
4.3 Conduct rules. It is of utmost importance that there be strict observance of all
rules at all times and City employees are authorized and directed to prevent
improper assemblies or activities.
4.3.1 Loud talking and distracting activities will be avoided within hearing
distance of a funeral service.
4.3.2 Littering including wilted or dead flowers and any other refuse is
prohibited on drives, paths, or any grounds or in any building.
4.3.3 It is forbidden to pluck any flower, break any branch or remove any tree or
plant, nor shall anyone write upon, deface, or damage any memorial, fence
or other structures within the Cemetery.
Cemetery Rules & Regulations
7/16/2008 4
4.3.4 No person will be permitted to peddle flowers or plants or to solicit the
sale of any commodity within the Cemetery.
5 Regulations regarding Graves, Niches and Crypts within the Cemetery
5.1 Endowed care required. No graves, niches, or crypts will be sold in the Arlington
Cemetery without endowed care.
5.2 Signs. No signs, notices or advertisements of any kind shall be allowed in the
Cemetery, unless placed by the City.
5.3 Interments per individual grave. Only four cremated remains or one casket and
three cremated remains per single grave allowed without written consent by
Cemetery staff. The interment of two full body burials will only be allowed in
areas designated for double depth burials. No interment other than that of human
being will be permitted.
5.4 Outer burial container.
5.4.1 Every earth interment shall be enclosed in a concrete two-piece grave box,
concrete vault or other unit of suitable material approved by Cemetery
staff.
5.4.2 Cemetery staff or an approved supplier with suitable equipment and ability
to perform shall perform the installation of these outer containers. All
supplier installations will be under the direction of Cemetery Staff.
5.4.3 Liners used shall be sold solely by the City of Arlington.
5.5 Opening the casket. Once a casket containing remains is within the boundaries of
the Cemetery, the City reserves the right to refuse permission to all persons to
open the casket or to touch the remains. Viewing of the remains during a
graveside service will be done only with a funeral director present. All other
cases are subject to the consent of Cemetery staff and the legal representative of
the deceased or a court order.
5.6 Burial or transit permit. No interment will be permitted without the proper burial
permit as required by the County health authorities. A copy of the burial or transit
permit or other acceptable documents must accompany cremated remains to the
Cemetery to certify identity of the cremated remains.
5.7 Individual decorations
5.7.1 Cut flowers and Bouquets. Cut flowers and bouquets are allowed year
round. Cut flowers and bouquets will be removed from graves as soon as
they become wilted or unsightly.
5.7.2 Artificial flowers and Decorations. Artificial flowers, potted plants and
other decorations such as, but not limited to, plant stands/holders, flags,
banners, wind chimes, toys, figurines, and statues must be less than 24
inches in height and eighteen inches wide and made of non breakable
material which can be easily moved. Items made of glass or other
breakable materials are prohibited. Materials such as, but not limited to,
wood chips, glass beads, gravel, or stones, may not be used on plots.
Decorations will be limited to three (3) items per grave beginning two (2)
weeks after a burial. The City shall have authority to remove and dispose
of decorations of any kind from the cemetery when, in the judgment of the
cemetery staff, they become unsightly, dangerous, detrimental or when
they do not conform to the standards maintained by the City. The City
shall not be liable for lost, misplaced or broken items. The city reserves
the right to regulate the method of decoration of plots so that staff safety
and the uniform beauty of the Cemetery may be maintained. Artificial
flowers are allowed only from November 1 through March 31st, subject to
the following exceptions:
A. New Burials: all flowers, plants, easels and decorations will be
allowed to remain for 72 hours following a new burial. Persons
wishing to retain any of the items must remove them within 72
hours after interment.
B. Holidays: all decorations shall be removed within two weeks after
all holidays.
5.7.3 Floral Regulation. No planting is permitted on any plot. Temporary
planters no larger than fourteen inches in diameter or eighteen inches long
made of lightweight (easily moveable), non-breakable material are
allowed on plots. Planters, which exceed the size requirement, are made
of breakable material, or cannot be easily moved, are not allowed on plots.
Glass containers are prohibited. The City shall have authority to remove
all floral designs, flowers, trees, shrubs, plants or herbage of any kind,
from the cemetery when in its judgment of the cemetery staff they become
unsightly, dangerous, detrimental or diseased or when they do not conform
to the standards maintained by the City. The city shall not be liable for
lost, misplaced or broken flower vases. The City reserves the right to
regulate the method of decorating plots so that a uniform beauty may be
maintained. Artificial flowers are not permitted in the mausoleums or
columbarium. Artificial flowers are not allowed on graves during the
mowing season of April 1 to October 31.
5.7.4 Picking flowers, breaking or injuring trees or shrubs or in any way
defacing any monument or headstone is prohibited and subject to severe
penalty according to state law.
5.7.5 The Cemetery Advisory Board shall have the right to make exceptions
from the foregoing rules when deemed advisable. Such exceptions shall
not be considered as rescinding or waiving any of these rules. Any waiver
that may be made by the Board shall not be or considered a continuing
waiver and shall not bar the City or Board from enforcing the usual rules
and regulations at any later time if it may be desired so to do.
5.7.6 If anything is placed on a grave that is deemed improper, it will be
removed.
5.8 Monuments, headstones, markers.
Cemetery Rules & Regulations
7/16/2008 6
5.8.1 The Cemetery will make available for purchase monuments, headstones,
and markers. Marker setting fees must be paid prior to the setting.
Markers must be set flush with the surface of the ground, except in areas
designated for upright monuments. Where monuments, headstones or
markers are placed upon any grave, no removal of the same will be
permitted to be made under the claim that they are not paid for or other
pretense, without the written authority of the cemetery staff. Grave
owners must maintain or replace any grave markers or monumental
structures erected upon the grave. One marker per burial with a maximum
of four markers per grave or companion graves will be allowed.
5.8.2 All headstones or monuments not purchased from an approved vendor
must be approved by the Cemetery Board prior to installation.
5.8.3 Cemetery staff or an approved vendor must set all headstones or
monuments. Cemetery staff will be present and supervise all settings.
5.8.4 All permanent vases must be installed at the head of the grave space and
be installed within a foundation of either granite or concrete. Vase
installations for additional headstones/monuments placed below the head
of the grave space will not be permitted.
5.8.5 No more than four markers per grave space will be allowed including a
veterans marker. The marker at the head of the grave is restricted to no
more than 48” for a single marker, or 60” wide for a companion.
Subsequent markers will be no larger 32” x 20”. Requests for exceptions
to these policies shall be brought before the Cemetery Advisory Board for
approval.
5.9 Memorial benches, dedications, memorials and donations. All requests for
memorial benches, dedications, memorials, donations, etc., will be submitted to
the Cemetery Advisory board for approval.
6. Regulations regarding interment and service arrangements
6.1 Funerals, interments and committals. Funerals, interments and committals within
the Cemetery will be under the control of the Cemetery staff or appropriate
authority. All graves shall be opened and closed by employees of the Cemetery
or an approved supplier. Charges for interments shall be recommended by the
Advisory Board and approved by the City Council, exclusive of special services
requested by the family or necessary because of special circumstances. All
Cemetery charges must be paid prior to interment.
6.2 Notice of interments. Whenever interments are to be made, previous notice of at
least 48 hours must be given in order that the grave may be properly prepared.
6.3 Arrangements for funerals and interments.
6.3.1 Office Appearance. Family of the deceased, or friends, in the absence of
family, taking responsibility for the funeral arrangements, shall come to
the Cemetery office in order to authorize the interment, make necessary
arrangements, and payment thereof.
6.3.2 No Telephone Calls. The City shall not be responsible for any order given
by telephone or for any error arising from the want of precise and proper
instructions as to the particular grave, crypt or niche location where
interment is desired.
6.3.3 Liability of Signer. Any person signing the authorization for interment of
remains warrants any fact set forth in the authorization, the identity of the
person whose remains are sought to be interred and his/her authority to
order the interment. He/she is personally liable for all damage occasioned
by or resulting from breach of such warranty.
6.4 Reservation of grave space. Persons may reserve a grave space, niche or crypt
(pre-need only) for 30 days. If full payment is not made within 30 days, the City
will not continue to hold the space.
6.5 Funerals, burials and committals – Days allowed. Except in cases of emergency
declared by the mayor, funerals, burials and committals are not allowed on
Sunday or holidays. The City Council, upon recommendation by the Cemetery
Board, may at its discretion make an additional charge for Saturday or recognized
City holiday funerals, burials or committals. Services held on Saturday, or City
recognized holidays must be scheduled 48 hours in advance. No services will be
scheduled on the Saturday, Sunday, or Monday of Memorial Weekend.
6.6 Interment locations. Burials will be allowed only in previously designated,
plotted lots. Burials in alleyways between lots will not be allowed except with
approval from cemetery staff.
7. Removals and disinterments
7.1 Cemetery Policy. Remains once interred in Arlington Cemetery are considered
permanently disposed of and removal from one grave to another within the
Cemetery, or removal from Arlington Cemetery to any other Cemetery is strongly
discouraged.
7.2 Procedure for Disinterments. The following shall be required by the City prior to
any disinterment of remains:
7.2.1 Signed affidavit(s) of all nearest of kin approving the disinterment or
removal.
7.2.2 Signed approval of the lot holder or their lawful representative.
7.2.3 Disinterment permit from the Washington State Department of Health for
removal from Arlington Cemetery.
7.2.4 The desired lot must be selected, all charges for disinterment and
reinterment, together with all other charges due, must be paid in full.
7.3 Removal Permit. Remains removed from other cemeteries and brought to
Arlington Cemetery for reinterment must be accompanied by the proper papers as
prescribed by law.
Cemetery Rules & Regulations
7/16/2008 8
7.4 Liability. The City will exercise utmost care in making a disinterment, but
assumes no liability for damage to any casket, vault, liner, grave box, or any other
burial case in making the removal or disinterment.
7.5 Outer Case Replacement. When, in the opinion of the City, a new outer burial
container is needed, at the time of reinterment following a disinterment, the
person arranging for the removal, through the Cemetery, must provide it.
7.6 Prior Notice. At least one week’s prior notice is required for any disinterment or
removal, after the rules and regulations have been complied with.
7.7 Removal for Profit Prohibited. Removal, by the heirs, of any remains so that the
lot may be sold for profit, is absolutely forbidden.
8. Ownership rights.
8.1 Rights attaching to graves. All graves in the Arlington Cemetery will be sold
with endowed care without additional charge and are conveyed by Certificate of
Use for burial purpose only. They are exempt from taxation and cannot be sold
for debt or mortgaged.
8.2 Right of Interment. The purchaser of a lot or lots is granted or conveyed only the
right of interment of human remains and the right of installation of a memorial on
each lot. The owner of the right of interment does not possess a fee interest or
any other interest in the land itself.
8.3 Titles and Rights to Cemetery Plots. Title and rights to cemetery plots shall be
governed by chapter 68.32 RCW, now and hereafter amended.
8.4 Grade. The grade of all lots is established when the ground is surveyed and no
change by the grave owner will be allowed.
9. Regulations limiting liability of the City
9.1 Remedy in event of error. The City reserves the right to correct any errors that
may be made by it either in making interments, disinterments or removals, or in
the description, transfer or conveyance of any interment property, either by
canceling such conveyance and substituting and conveying in lieu thereof other
interment property of equal value and similar location as far as possible, or as
may be selected by the Cemetery staff, by refunding the amount of money paid on
account of said purchase. In the event the error involves the interment of the
remains of any person in such property, the staff reserves, and shall have the right
to remove and re-inter the remains to such other property of equal value and
similar location as may be substituted and conveyed in lieu thereof. The City
shall correct any errors made by placing an improper inscription, including an
incorrect name or date on a memorial sold by the City.
9.2 Delays. The City shall not be liable for any delay in the fulfillment of any of its
contracts or legal obligations, including, but not limited to, maintenance, care,
memorial work or construction which may arise from causes beyond its
reasonable control and, especially, from delays caused by the elements, thieves,
vandals, strikes, malicious mischief matters, unavoidable accidents, or other
circumstances beyond the control of the City.
9.3 Delay of interment. The City will in no way be liable for any delay in the
interment of the remains when:
9.3.1 A written protest to the interment has been filed at Arlington City Hall.
9.3.2 Rules and regulations have not been complied with.
9.3.3 Instructions regarding the location of a lot or plot cannot be obtained or
are indefinite, or when for any reason the interment space cannot be
opened where specified.
10. Cemetery Advisory Board; Membership, Term and Duties
10.1 The Cemetery Advisory Board shall consist of five members, appointed by the
Mayor with the consent of the City Council. All members shall reside within the
Urban Growth Boundary of Arlington.
10.2 Board members shall serve a term of four years, commencing on April 1 and
ending on March 31. Terms of office shall be staggered so that not more that
three terms will expire in the same year.
10.3 The Board shall serve as advisory to the Mayor and City Council with respect to
long range planning for the development and expansion of the Arlington
Cemetery. Its duties shall include, but not be limited to:
10.3.1 Advising the Mayor and City Council on policy matters related to the long
range planning, capital improvements, fee structure, cemetery expansion,
rules and regulations, and budget of the Cemetery.
10.3.2 The Board shall not have the authority to enter into any contract, incur any
indebtedness, or take any personal action unless specifically authorized by
the Mayor and City Council.
10.3.3 Soliciting or receiving on behalf of the City Council, any gifts or bequest
of money for Cemetery purposes; however, any gifts of real or personal
property will not be accepted without prior approval of the City Council.
10.3.4 Sending their recommendations and requests to the City Council to be
placed on the regular Council Agenda for consideration. All actions taken
by the Board will be ratified by the City Council in the normal manner,
prior to said action being taken.
10.3.5 Review Cemetery fees at least annually and recommending any needed
changes to the Mayor and City Council.
10.4 The Board shall elect a Chairperson and Vice-Chairperson from their members
during the month of May. Both officers shall serve terms of two years. The
Chairperson shall preside at all meetings and the Vice-Chairperson shall preside if
Cemetery Rules & Regulations
7/16/2008 10
the Chairperson is absent. The City will provide staff support for the Board,
including a secretary.
10.5.1 A meeting of the Board shall be held at least four times a year, and additional
meetings may be called when necessary.
11. Miscellaneous regulations
11.1 Nonlimitation. In all matters not specifically covered by these general rules and
restrictions, the City reserves the right to do anything which in its judgment is
deemed reasonable in the Cemetery, and such determination shall be binding upon
lot holders and all parties concerned.
11.2 Disposition of unused or abandoned lots.
11.2.1 Abandoned Lots. To preserve the active nature of the Cemetery, any
interment space will be deemed abandoned if there is no recorded activity
on the lot for a period of 60 years. Any lot deemed abandoned may be
reclaimed by the Cemetery, in accordance with State Law, and disposed of
as the Cemetery sees fit.
11.2.2 Disposition of Unused Lots. Should a lot holder of unused interment
space no longer need the lot in the Cemetery they may sell the lot back to
the Cemetery at the original purchase price.
11.3 Miscellaneous provisions. The City and its assigns shall have full power and
authority to adopt such additional rules and regulations as it may deem advisable
for the management, preservation, care and use of the Cemetery, and shall have
full power and authority from time to time to enlarge, restrict, amend, abrogate or
change any rules and regulations, and all such rules and regulations shall be
binding upon grave owners and upon all other persons, firms and corporations
concerned.
12. Fees and Charges
The schedule of prices of all lots, blocks, crypts, niches or parcels of land in the platted
portion of the Cemetery property and prices for opening and closing graves, grave liners,
perpetual care, setting of markers, memorials and all other services, shall be fixed and
adopted by resolution of the City Council and filed in the office of the City Clerk. Said
schedule of prices may be changed or altered by like resolution of the City Council from
time to time as in its judgment may be necessary or proper. No lots, tracts, or grave
spaces, niches or crypts shall be sold or disposed of, for less than the price named in such
schedule that may be in force at the time of such sale or disposal.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #4
ATTACHMENT G
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT:
Authority to Award East 1st Street Sewer
Extension Bid
DEPARTMENT OF ORIGIN:
Public Works Utilities
ATTACHMENTS:
• Memorandum of Bid Results
EXPENDITURES REQUESTED: Engineer’s Estimate $242,280.50
BUDGET CATEGORY: Sewer Capital Improvement Fund
LEGAL REVIEW: City Attorney will review all bid documents
DESCRIPTION: Council is requested to approve the award of the East 1st Street Sewer Extension
Bid to R.L. Alia Company of Renton, Washington in the amount of $242,280.50 including tax.
The City received and opened bids for the East 1st Street Sewer Extension project on August 8, 2008;
R.L. Alia Company of Renton has been deemed the apparent lowest qualified bidder.
HISTORY: As a part of the Sewer Utility 2008 Capital Improvement Plan (CIP) the City would like
to complete the East 1st Street Sewer Extension Project. This project generally consists of the
installation of approximately 640 linear feet of 12-inch polyvinyl chloride sewer pipe and associated
appurtenances along East 1st Street, and approximately 160 linear feet of 20-inch steel casings
installed by jack and bore method under Burlington Northern Santa Fe (BNSF) railroad tracks. This
work shall also include the installation of manhole, service connections, temporary bypass system,
telecommunication conduit and handholes, road and surface restoration and other required work to
make the project complete. The City received 16 bids on the project on August 8th, 2008; these bids
were tabularized and reviewed with Council at the August 11th workshop.
ALTERNATIVES:
• Remand to Staff for Additional Information
• Table pending further discussion
• Deny request with or without prejudice
RECOMMENDED ACTION:
Motion to Award the e East 1st Street Sewer Extension Bid to R.L. Alia Company of Renton,
Washington in the amount of $242,280.50 including tax and authorize the Mayor to sign the
Construction Contract subject to approval by the City Attorney.
East 1st Street Sewer Extension 1 of 3
Prepared: August 11,2008clb
ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE
1 Surveying LS 1 $2,000.00 $2,000.00 $15,000.00 $15,000.00 $2,500.00 $2,500.00 $4,000.00 $4,000.00 $15,000.00 $15,000.00 $4,500.00
2 Mobilization LS 1 $29,000.00 $29,000.00 $30,000.00 $30,000.00 $19,511.11 $19,511.11 $19,800.00 $19,800.00 $32,500.00 $32,500.00 $39,500.00
3 Project Temporary Traffic Control LS 1 $8,000.00 $8,000.00 $20,000.00 $20,000.00 $12,045.00 $12,045.00 $11,000.00 $11,000.00 $5,000.00 $5,000.00 $25,000.00
4 Controlled Density Fill CY 10 $160.00 $1,600.00 $100.00 $1,000.00 $110.00 $1,100.00 $169.00 $1,690.00 $150.00 $1,500.00 $175.00
5 Trench Excavation Safety System LS 1 $10,750.00 $10,750.00 $5,000.00 $5,000.00 $5,800.00 $5,800.00 $18,200.00 $18,200.00 $10,000.00 $10,000.00 $20,000.00
6 Crushed Surface Top Course TON 30 $32.00 $960.00 $45.00 $1,350.00 $28.00 $840.00 $41.00 $1,230.00 $25.00 $750.00 $36.00
7 HMA for Trench Patch, Class 1/2" TON 50 $100.00 $5,000.00 $150.00 $7,500.00 $200.00 $10,000.00 $220.00 $11,000.00 $300.00 $15,000.00 $165.00
8 Manhole Type 1, 54-inch Diameter EA 4 $8,500.00 $34,000.00 $5,500.00 $22,000.00 $4,832.50 $19,330.00 $5,570.00 $22,280.00 $6,000.00 $24,000.00 $6,500.00
9 Saddle Manhole, 72-Inch Diameter EA 1 $12,500.00 $12,500.00 $9,000.00 $9,000.00 $11,200.00 $11,200.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $9,500.00
10
20-Inch Steel Casing w/12-inch PVC 3034 Carrier
Pipe, Installed by Boring and Jacking LF 175 $1,000.00 $175,000.00 $550.00 $96,250.00 $540.85 $94,648.75 $1,034.00 $180,950.00 $870.00 $152,250.00 $725.00
11 Sanitary Sewer Pipe, 12-Inch, PCC D 3034 SDR35 LF 495 $165.00 $81,675.00 $280.00 $138,600.00 $104.80 $51,876.00 $140.00 $69,300.00 $150.00 $74,250.00 $160.00
12 Temporary Bypass Connection LS 1 $5,000.00 $5,000.00 $4,200.00 $4,200.00 $3,040.00 $3,040.00 $1,000.00 $1,000.00 $10,000.00 $10,000.00 $36,000.00
13 Temporary Sedimentation and Erosion Control LS 1 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $10,000.00
14 Landscape Restoration LS 1 $5,000.00 $5,000.00 $7,000.00 $7,000.00 $5,432.10 $5,432.10 $2,600.00 $2,600.00 $2,500.00 $2,500.00 $6,500.00
15 Concrete Curb and Gutter Replacement LF 100 $30.00 $3,000.00 $45.00 $4,500.00 $40.00 $4,000.00 $45.00 $4,500.00 $30.00 $3,000.00 $65.00
16 Conduit Schedule 40 HDPE 2 Inch Diameter LF 690 $3.00 $2,070.00 $10.00 $6,900.00 $26.40 $18,216.00 $2.40 $1,656.00 $5.00 $3,450.00 $8.00
17 Pull Box EA 2 $250.00 $500.00 $2,000.00 $4,000.00 $1,873.00 $3,746.00 $835.00 $1,670.00 $2,500.00 $5,000.00 $2,150.00
10% Contingency $37,705.50
$417,760.50 $377,300.00 $266,284.96 $360,876.00 $366,700.00
$35,509.64 $32,070.50 $22,634.22 $30,674.46 $31,169.50
$453,270.14 $409,370.50 $288,919.18 $391,550.46 $397,869.50Total Construction Cost
Subtotal
8.5% Washington State Sales Tax
East 1st Street Sewer Extension
Bid Opening: August 8,2008 Engineer's Estimate Interwest Construction
651 N. Hill Blvd.
Burlington, WA 98223
G.G. Excavation, Inc.
9669 Padilla Heights Rd
Anacortes, WA 98221
Gary Harper Construction
Inc.
14831 223rd St SE
Snohomish, WA 98296
Laser Underground &
Earthworks
20417 87th Ave SE
Snohomish, WA 98296
Plats
720 Cedar
Marysville,
1 2 3 4
East 1st Street Sewer Extension 2 of 3
Prepared: August 11,2008clb
ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
1 Surveying LS 1 $2,000.00 $2,000.00
2 Mobilization LS 1 $29,000.00 $29,000.00
3 Project Temporary Traffic Control LS 1 $8,000.00 $8,000.00
4 Controlled Density Fill CY 10 $160.00 $1,600.00
5 Trench Excavation Safety System LS 1 $10,750.00 $10,750.00
6 Crushed Surface Top Course TON 30 $32.00 $960.00
7 HMA for Trench Patch, Class 1/2" TON 50 $100.00 $5,000.00
8 Manhole Type 1, 54-inch Diameter EA 4 $8,500.00 $34,000.00
9 Saddle Manhole, 72-Inch Diameter EA 1 $12,500.00 $12,500.00
10
20-Inch Steel Casing w/12-inch PVC 3034 Carrier
Pipe, Installed by Boring and Jacking LF 175 $1,000.00 $175,000.00
11 Sanitary Sewer Pipe, 12-Inch, PCC D 3034 SDR35 LF 495 $165.00 $81,675.00
12 Temporary Bypass Connection LS 1 $5,000.00 $5,000.00
13 Temporary Sedimentation and Erosion Control LS 1 $4,000.00 $4,000.00
14 Landscape Restoration LS 1 $5,000.00 $5,000.00
15 Concrete Curb and Gutter Replacement LF 100 $30.00 $3,000.00
16 Conduit Schedule 40 HDPE 2 Inch Diameter LF 690 $3.00 $2,070.00
17 Pull Box EA 2 $250.00 $500.00
10% Contingency $37,705.50
$417,760.50
$35,509.64
$453,270.14Total Construction Cost
Subtotal
8.5% Washington State Sales Tax
East 1st Street Sewer Extension
Bid Opening: August 8,2008 Engineer's Estimate
AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE
$4,500.00 $2,400.00 $2,400.00 $6,000.00 $6,000.00 $2,500.00 $2,500.00 $20,000.00
$39,500.00 $30,000.00 $30,000.00 $25,000.00 $25,000.00 $29,000.00 $29,000.00 $25,000.00
$25,000.00 $28,000.00 $28,000.00 $5,000.00 $5,000.00 $7,600.00 $7,600.00 $5,000.00
$1,750.00 $145.00 $1,450.00 $200.00 $2,000.00 $134.50 $1,345.00 $120.00
$20,000.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $6,250.00 $6,250.00 $5,000.00
$1,080.00 $60.00 $1,800.00 $35.00 $1,050.00 $35.50 $1,065.00 $25.00
$8,250.00 $170.00 $8,500.00 $200.00 $10,000.00 $280.00 $14,000.00 $200.00
$26,000.00 $6,100.00 $24,400.00 $5,500.00 $22,000.00 $4,700.00 $18,800.00 $6,200.00
$9,500.00 $11,500.00 $11,500.00 $18,000.00 $18,000.00 $12,400.00 $12,400.00 $8,000.00
$126,875.00 $550.00 $96,250.00 $600.00 $105,000.00 $680.00 $119,000.00 $473.00
$79,200.00 $115.00 $56,925.00 $165.00 $81,675.00 $128.00 $63,360.00 $99.00
$36,000.00 $16,000.00 $16,000.00 $15,000.00 $15,000.00 $8,700.00 $8,700.00 $2,000.00
$10,000.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $1,000.00
$6,500.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $6,500.00
$6,500.00 $40.00 $4,000.00 $35.00 $3,500.00 $50.00 $5,000.00 $45.00
$5,520.00 $3.00 $2,070.00 $10.00 $6,900.00 $5.00 $3,450.00 $11.00
$4,300.00 $2,400.00 $4,800.00 $1,000.00 $2,000.00 $1,500.00 $3,000.00 $2,000.00
$410,475.00 $304,095.00 $315,625.00 $311,970.00
$34,890.38 $25,848.08 $26,828.13 $26,517.45
$445,365.38 $329,943.08 $342,453.13 $338,487.45
B&L Util
7101 Sex
Snohomish,
62
SRV Construction, Inc.
PO Box 481
Oak Harbor, WA 98277
B.D.2 Developers Inc.
3207 Pacific Ave
Everett, WA 98201
lus, Inc.
ve., Suite C
WA 98270
Granite NW Inc. dba
Wilder Constr. Co.
585 W. Beach Street
Watsonville, CA 95076
6 7 8
East 1st Street Sewer Extension 3 of 3
Prepared: August 11,2008clb
ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
1 Surveying LS 1 $2,000.00 $2,000.00
2 Mobilization LS 1 $29,000.00 $29,000.00
3 Project Temporary Traffic Control LS 1 $8,000.00 $8,000.00
4 Controlled Density Fill CY 10 $160.00 $1,600.00
5 Trench Excavation Safety System LS 1 $10,750.00 $10,750.00
6 Crushed Surface Top Course TON 30 $32.00 $960.00
7 HMA for Trench Patch, Class 1/2" TON 50 $100.00 $5,000.00
8 Manhole Type 1, 54-inch Diameter EA 4 $8,500.00 $34,000.00
9 Saddle Manhole, 72-Inch Diameter EA 1 $12,500.00 $12,500.00
10
20-Inch Steel Casing w/12-inch PVC 3034 Carrier
Pipe, Installed by Boring and Jacking LF 175 $1,000.00 $175,000.00
11 Sanitary Sewer Pipe, 12-Inch, PCC D 3034 SDR35 LF 495 $165.00 $81,675.00
12 Temporary Bypass Connection LS 1 $5,000.00 $5,000.00
13 Temporary Sedimentation and Erosion Control LS 1 $4,000.00 $4,000.00
14 Landscape Restoration LS 1 $5,000.00 $5,000.00
15 Concrete Curb and Gutter Replacement LF 100 $30.00 $3,000.00
16 Conduit Schedule 40 HDPE 2 Inch Diameter LF 690 $3.00 $2,070.00
17 Pull Box EA 2 $250.00 $500.00
10% Contingency $37,705.50
$417,760.50
$35,509.64
$453,270.14Total Construction Cost
Subtotal
8.5% Washington State Sales Tax
East 1st Street Sewer Extension
Bid Opening: August 8,2008 Engineer's Estimate
AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE
$20,000.00 $6,000.00 $6,000.00 $3,000.00 $3,000.00 $5,600.00 $5,600.00 $3,300.00
$25,000.00 $42,000.00 $42,000.00 $35,000.00 $35,000.00 $25,000.00 $25,000.00 $23,800.00
$5,000.00 $3,000.00 $3,000.00 $12,000.00 $12,000.00 $35,000.00 $35,000.00 $6,500.00
$1,200.00 $150.00 $1,500.00 $110.00 $1,100.00 $150.00 $1,500.00 $130.00
$5,000.00 $20,000.00 $20,000.00 $2,500.00 $2,500.00 $7,900.00 $7,900.00 $4,600.00
$750.00 $50.00 $1,500.00 $50.00 $1,500.00 $25.00 $750.00 $46.00
$10,000.00 $325.00 $16,250.00 $165.00 $8,250.00 $115.00 $5,750.00 $235.00
$24,800.00 $5,800.00 $23,200.00 $5,000.00 $20,000.00 $4,200.00 $16,800.00 $4,640.00
$8,000.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 $5,500.00 $5,500.00 $14,000.00
$82,775.00 $550.00 $96,250.00 $650.00 $113,750.00 $465.00 $81,375.00 $560.00
$49,005.00 $108.00 $53,460.00 $140.00 $69,300.00 $89.00 $44,055.00 $97.00
$2,000.00 $18,000.00 $18,000.00 $7,000.00 $7,000.00 $11,000.00 $11,000.00 $6,000.00
$1,000.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $7,800.00 $7,800.00 $550.00
$6,500.00 $8,000.00 $8,000.00 $25,000.00 $25,000.00 $5,600.00 $5,600.00 $10,100.00
$4,500.00 $85.00 $8,500.00 $20.00 $2,000.00 $56.00 $5,600.00 $43.00
$7,590.00 $10.00 $6,900.00 $7.00 $4,830.00 $11.00 $7,590.00 $2.00
$4,000.00 $4,000.00 $8,000.00 $1,500.00 $3,000.00 $1,700.00 $3,400.00 $1,100.00
$257,120.00 $325,560.00 $321,230.00 $270,220.00
$21,855.20 $27,672.60 $27,304.55 $22,968.70
$278,975.20 $353,232.60 $348,534.55 $293,188.70
ity, Inc.
on Road
A 98290-
2
Durnford & Sons'
Const. Co., Inc.
12502 229th Ave E
Bonney Lake, WA 98391
Strider Const. CO., Inc.
4721 Northwest Drive
Bellingham, WA 98226
Marshbank Construction,
Inc.
PO Box 97
Lake Stevens, WA 98258
Callen C
1350 Sl
Ferndale,
10 11 12
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #5
ATTACHMENT H
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT: East 1st Street Sewer Extension –
Pipeline Agreements with Burlington
Northern Santa Fe Railroad
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• None
EXPENDITURES REQUESTED: $11,000.00
BUDGET CATEGORY: Sewer Capital Improvement Fund
LEGAL REVIEW: Original documents were reviewed by the
City Attorney; revised documents will also
be reviewed and approved by the City
Attorney prior to the Mayor’s signature.
DESCRIPTION: Council is being asked to authorize the Mayor to sign two agreements
with Burlington Northern Santa Fe Railroad for the installation of the East 1st Street
Sewer Line Extension. There are two agreements because in addition to the sewer line –
the City is also installing a fiber optic conduit for Information Systems.
HISTORY: East 1st Street Sewer Extension project is installing both a sewer line and a
fiber optics conduit under the BNSF Railroad from East 1st Street to West Avenue. These
agreements with BNSF are required to allow the City’s utilities to cross the BNSF
property. The initial agreements as prepared by BNSF are currently receiving minor
modifications by BNSF regarding corrections to the map attachments and a reduction in
costs relating to the Railroad Liability Insurance – it is expected that final documents
will be received within a week. All documents will be reviewed in their entirety by the
City Attorney prior to signature by the Mayor.
ALTERNATIVES:
• Remand to Staff for additional information
• Table pending further discussion
• Deny action with or without prejudice
RECOMMENDED ACTION:
Motion to authorize the Mayor to sign agreements with BNSF regarding the E. 1st Street
Sewer Extension, subject to final review and approval by the City Attorney.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #6
ATTACHMENT I
COUNCIL MEETING DATE:
August 18th 2008
SUBJECT:
City Hall, Roof Coating
DEPARTMENT OF ORIGIN:
Executive, Capital Projects
ATTACHMENT
EXPENDITURES REQUESTED: $67,704.00
BUDGET CATEGORY: 2008 capital Improvements
LEGAL REVIEW: City Contract
DESCRIPTION:
The existing metal roof system on City Hall is in need of replacement and leaks during wind
driven rain or with ice and snow build up. The structural members have been inspected and
appear to be in good condition. Applying a roof coating system would prolong the life of the
roof and provides cost effective repair. The product selected has a 20 year factory warranty.
HISTORY:
The roof on City Hall was evaluated by Schreiber and Lane Architects during the design of the
Police Department. Schreiber and Lane recommended that the exposed fastener metal roof be
replaced. Funding allocated from the Police Station project to complete the roof repairs.
ALTERNATIVES:
RECOMMENDED ACTION:
I move to authorize the mayor to sign a contract with Seal Coat Seals, Inc. in the amount of
$67,704.00 for the installation of a roof coating system on the roof of City Hall.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #7
ATTACHMENT J
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT:
Proposed amendment to the City’s contract
with Zachor & Thomas for prosecuting
services
DEPARTMENT OF ORIGIN:
Executive / Police
Contact: Kristin Banfield, 360-403-3444 or
Terry Quintrall, 360-403-3400
ATTACHMENTS:
- Letter from Zachor & Thomas outlining proposed amendments to the City’s contract
- Proposed amendments
EXPENDITURES REQUESTED: $12,000 for the remainder of 2008
BUDGET CATEGORY: Current Expense – Criminal Justice
LEGAL REVIEW: City Attorney has reviewed the proposed
amendments
DESCRIPTION:
Due to increased cases from the City of Arlington, the City’s prosecutor, Zachor & Thomas, is
requesting amendments to our current contract to provide the additional prosecuting services.
In April 2008, an additional motions calendar was added by Marysville Municipal Court due to
increased case load. In July 2008, an additional pre-trial calendar was added.
Zachor & Thomas is requesting an increase in the retainer fee from $5,000 per month to $7,000
per month and increasing the hourly rate for additional services other than the outlined
calendars in the contract from $95 per hour to $125 per hour. These rates have remained
unchanged since our original contract with Zachor & Thomas, except for the annual cost of
living increase.
HISTORY:
The City has contracted with Zachor & Thomas for prosecuting services since the City began
contracting with Marysville Municipal Court. The City’s current contract with Zachor &
Thomas expires in 2009.
The City Council reviewed the contract amendments at the August 11, 2008 workshop and
recommended bringing forth to the August 18, 2008 Council meeting for formal action.
ALTERNATIVES:
- Do not approve the proposed amendments and provide staff with further direction.
RECOMMENDED ACTION:
I move that City Council authorize the Mayor to sign the amendment to the contract with
Zachor & Thomas, Inc. PS for prosecuting attorney services.
Zachor & Thomas, Inc., P.S.
Prosecuting Attorney
Sunset Building
23607- Highway 99, Suite 3D
H. James Zachor, Jr. Edmonds, WA 98026
Melanie S. Thomas Dane Tel 425-778-2429 / FAX 425-778-6925
Joseph D. Everett e-mail melanie@zachorthomas.com From the Desk of
Jessica C. Munk e-mail jim@zachorthomas.com Melanie S. Thomas Dane
James M. Zachor, Rule 9
June 24, 2008
To: Steve Peiffle
Interim Chief
Re: Fee Proposal increase to City Prosecutor contract
Our contract with the City for Prosecution Services us currently in effect until December 2009.
Under the terms of our current contract, the City provides prosecution services to the city for all
court mandated court appearances. In May of 2007, that included arraignments on Tuesday
mornings, two pre-trials per a month, one bench trial/motions/contested hearings calendar per
month, one jury day per month, and one jury confirmation date per month. Starting in July 2008,
the court is adding to its calendar another Arlington pre-trial calendar once a month on Tuesday
afternoon. In addition, the court added in April 2008 an additional motions calendar (Monday
afternoon) which follows the Monday morning bench trial and contested infractions calendar.
Our office has not billed for this new court date.
While our office recognizes the need for additional court time, the court dates that were added
are not yet contracted for under our current agreement. The new calendars require at least one,
and in most cases, two prosecutors from our office to prepare and appear on those calendars. As
expected, the increase in caseload drives the size of our calendars and creates a need for
additional court time to effectively process cases.
We anticipate that the new pre-trial calendar will average 4 hours of court time per appearance
for two attorneys, not counting legal assistant time or attorney preparation time. In addition, the
motions calendar averages approximately three hours of court time per appearance, again not
including preparation time.
Our office is requesting an amendment to our current contract with respect to paragraphs 4.1,
5.1, 5.2, 5.5, and 6.1. Please see the attached contract for our proposed changes. Given the new
pre-trial calendar begins July 2008, we look forward to the new contract rate taking effect July
2008.
As always, our office continues to strive to provide the best possible legal service to the City of
Arlington. Should you have any questions or concerns regarding the proposed fee change, please
contact either Jim Zachor or Melanie Thomas Dane.
Very Truly Yours,
Melanie Thomas Dane
Zachor & Thomas, Inc., P.S.
Prosecuting Attorney
1
CONTRACT FOR LEGAL SERVICES - 1
(Prosecuting Attorney for the City of Arlington)
CONTRACT FOR LEGAL SERVICES
(Prosecuting Attorney for the City of Arlington)
I. PARTIES
THIS AGREEMENT is entered into this _____ day of __________________, 20087, by and
between the CITY OF ARLINGTON, A Municipal Corporation of the State of Washington,
(hereinafter referred to as “City”), and the law office of ZACHOR & THOMAS, Inc., P.S., a
Personal Services Corporation of the State of Washington (hereinafter referred to as
“Prosecuting Attorney”).
II. SERVICES OF THE PROSECUTING ATTORNEY
2.1 Primary Services. The Prosecuting Attorney shall serve at the pleasure of
the
City under the direction of the Mayor and/or City Council. The principals of the Prosecuting
Attorney are H. James Zachor, Jr. and Melanie S. Thomas Dane, duly licensed in the State of
Washington as Attorneys at Law. Under the supervision of the Prosecuting Attorney, other
attorneys may provide assistance to the Prosecuting Attorney as may be necessary. If the
Prosecuting Attorney is unable to continue to provide services as required, Prosecuting Attorney
shall provide advance notice so that the City may seek another prosecuting attorney.
2.2 Conflict Services. In the event of a conflict with the Prosecuting Attorney of a
case requiring a “conflict prosecutor”, it shall be the responsibility of the Prosecuting Attorney to
provide such substitute coverage, with a properly licensed State of Washington attorney.
However, if such conflict is due to a conflict with the City, the expense of a “conflict
prosecutor” shall be the responsibility of the City.
III. QUALITY OF SERVICES
3.1 Ethical Coverage. Prosecuting Attorney shall perform legal services as set
forth
hereafter in a capable and efficient manner, and in accordance with the professional and ethical
standards of the Washington State Bar Association.
3.2 Disciplinary Action. In the event the Prosecuting Attorney is the subject of any
disciplinary proceeding by the Washington State Bar Association, Prosecuting Attorney shall
notify the City in writing of the pendency of said disciplinary proceeding. The City may, in it
discretion, make its own inquiry concerning the said disciplinary proceeding and may, in its
judgment, terminate this agreement on not less than thirty (30) days notice.
IV. SERVICES PROVIDED
4.1 Services. The Prosecuting Attorney shall represent the City as its prosecuting
attorney in the prosecution of criminal and criminal traffic matters (gross misdemeanors and
misdemeanors). The Prosecuting Attorney shall also represent the City in contested civil
infractions where defense counsel is present, and other miscellaneous civil hearings conducted at
CONTRACT FOR LEGAL SERVICES - 2
(Prosecuting Attorney for the City of Arlington)
the Municipal Court ( ex: impound hearings). The Prosecuting Attorney shall have at least one
prosecutor in court for the required hearings, and when case volume requires, shall provide the
assistance of two prosecutors. The duties of the prosecuting attorney shall include:
• Appearances at arraignment calendars currently scehduledscheduled to be every Tuesday
morning, , two three (32) pre-trial hearings per month, one (1) bench and motions
contested calendar per month which include civil traffic and criminal reviews, one (1)
motions calendar per month, one (1) jury calendar per month, and one (1) jury
confirmation calendar per month;
• The review and signing of citations and complaints as required;
• The review of police incident reports and supporting documents for charging;
• The review and preparation of all cases prior to court which includes requesting 911
tapes, CCDR’s, photos, follow-up reports, contacting witnesses, drafting subpoenas,
preparing complaints and jury instructions, and drafting plea offers;
• Correspondence with the police department including but not limited to telephone
conversations, meetings and negotiations with the police department and its officers,
victims, defendants, witnesses and opposing counsel as required; and,
• Preparation of documents required by the Court such as providing discovery, motions
and supporting documents;
• Communication with the court and court staff regarding calendars and case setting;
• Correspondence with the public defenders office and defense counsel regarding case
dispositions,
• Requesting police reports from other agencies.
• Requesting certified copies of a judgment and sentence;
• Review of search warrants; and
• The City, through its police department and such other departments, shall provide that
support necessary to assist in the prosecution of criminal matters, including but not
limited to the providing and forwarding of copies of all police reports and relevant
documents in a timely manner and service of subpoenas as requested. Any requests for
Prosecuting Attorney services not regularly scheduled shall be promptly relayed by the
City and/or the court.
4.2 Additional Services. In addition, the Prosecuting Attorney shall provide the
following services:
• Be available to the City of Arlington Police Department regarding matters affecting
criminal prosecution;
• Provide periodic training of City police officers and employees on legal matters affecting
the satisfactory prosecution of criminal matters;
• Make recommendations to the Police Chief and/or City Attorney concerning suggested
amendments, modifications or additions to City ordinances affecting the satisfactory
prosecution of criminal matters;
• Provide periodic feedback to the Police Chief regarding the performance of City police
officers in the discharge of their duties and other matters of mutual concern.
CONTRACT FOR LEGAL SERVICES - 3
(Prosecuting Attorney for the City of Arlington)
V. FEES AND COSTS
5.1 Retainer. As compensation for the services to be rendered by the Prosecuting
Attorney, the City agrees to pay to the Prosecuting Attorney a monthly retainer in the sum
of $75,000.00 per month, as long as the Court utilized for prosecution is located in Marysville,
Washington. If the Court location for prosecution of the City criminal matters is moved from
Marysville to the City of Arlington or such other location, then the monthly retainer shall be
renegotiated by the parties, to be effective the month of the new court appearance.
5.2 Additional Compensation. If the City should require the services of the
Prosecuting
Attorney other than those services set forth hereinabove, the Prosecuting Attorney shall invoice
the City at the rate of $1295.00 per hour. This includes RALJ appeals, drug/felony forfeitures,
and legal services for representation in the District Courts and Superior Courts, and additional
calendars added by the court, which have not been contracted for, but are necessary for the Cities
prosecution. Legal services for representation in the Appellate Courts of the State of
Washington or Federal Courts shall be negotiated separate from this Agreement.
5.3 Expenses. The City shall reimburse the Prosecuting Attorney for any reasonable
out-of-pocket expenses that may be required in the performance of its duties as Prosecuting
Attorney on behalf of the City. Expenses of jury preparation, exhibits, witnesses, (including
SMD) and interpreters, and transcription costs shall be the sole responsibility of the City.
5.4 Payment Terms. Fees and costs are due from the City upon billings by the
Prosecuting Attorney. A service charge shall accrue at the rate of 12% per annum (1% per
month) and be added to any balance remaining unpaid sixty (60) days after the statement date.
5.5 Fee Review: The schedule of fees provided for in paragraph 5.1 shall be
reviewed annually by the City Council. Changes in fees shall be first proposed by the Prosecutor
to the Mayor for consideration in the preparation of the Mayoral budget. Increases in such fee
and cost structure, if any, shall be considered by the City Council as a part of its budget process.
Such changes, if any, to the fee structure and the budget process approved by the City Council
shall, upon acceptance by the Prosecutor, be made a part of this Agreement. If no proposals to
the fee retainer are made, each year the Prosecutor shall receive an annual cost of living increase
at the rate equal to the current CPI %` for the calendar year for non-union employees, not to be
less thanof 53% annually.
VI. CONTRACT PERIOD
6.1 Term. This amended contract shall take effect on the 1st day of MayJuly,
20087, and shall continue in effect until the 31st day of December, 2009.
6.2 Renewal. The Prosecuting Attorney shall submit a proposed contract commencing
for the calendar year 2010 on or before the 1st day of September, 2009 It is anticipated that
negotiations for renewal of this contract will take place prior to the expiration of 2009; provided,
however, that if no negotiations shall occur, this contract shall be renewed automatically for one
calendar year subject to the same terms and conditions set forth herein, provided that there is no
written opposition from either party. The City also retains the right to solicit other proposals for
the Prosecuting Attorney at anytime.
6.3 Termination. This contract may be terminated by the City or the Prosecuting
Attorney upon ninety (90) days advance written notice in the event that it shall be determined
CONTRACT FOR LEGAL SERVICES - 4
(Prosecuting Attorney for the City of Arlington)
that the quality of legal services provided by the Prosecuting Attorney and/or the support by the
City does not meet the requirements set forth herein.
VII. COLLECTION COSTS
7.1 In the event a party breaches this agreement, the prevailing party shall be entitled
to recover reasonable attorney’s fees and costs associated with enforcing their rights herein. The
parties acknowledge that venue shall be in the Snohomish County Superior Court.
VIII. INSURANCE AND HOLD HARMLESS
8.1 Liability Insurance. During the life of this contract, the Prosecuting
Attorney shall maintain professional liability and malpractice insurance that shall provide
coverage for anyone acting for or on behalf of the Prosecuting Attorney in the performance of
this contract, unless the acting attorney carries his or her own policy consistence with the
Prosecuting Attorney. Such insurance shall be obtained from any insurance company authorized
to do business as such in the State of Washington and shall have minimum policy limits of ONE
MILLION DOLLARS ($1,000.000.00).
8.2 Acting Within Scope. To the extent provided by law and irrespective of any
insurance required of the Contractor, the Contractor shall defend and indemnify the City from
any and all claims arising out of or in any way relating to this Agreement; provided, however,
requirements of this paragraph shall not apply to that portion of such Claim that reflects the
percentage of negligence of the City compared to the total negligence of all persons, firms, or
corporations that resulted in the Claim.
8.3 Conduct of City. Nothing herein shall be interpreted to require the Prosecuting
Attorney to indemnify the City, its officers, agents or employees from loss, claim or liability
arising from negligent, wrongful or tortious conduct of the City, its officers, agents or
employees.
8.4 Conduct of Prosecuting Attorney. Nothing herein shall be interpreted to
require
the City to indemnify the Prosecuting Attorney, its officers, agents or employees from loss, claim
or liability arising from negligent, wrongful or tortuous conduct of the Prosecuting Attorney, its
officers, agents or employees.
IX. AFFIRMATIVE ACTION
9.1 Non-Discrimination in Employment. During the performance of this
Contract, the Prosecuting Attorney shall comply with the Washington “Law Against
Discrimination” and should any part of the performance contemplated hereunder be financed by
federal funds, the Prosecuting Attorney shall comply with all applicable federal laws against
discrimination in employment. Satisfactory performance of this clause by the Prosecuting
Attorney shall include but not be limited to the following:
During the performance of this contract, Prosecuting Attorney
shall not discriminate against any employee or applicant for
CONTRACT FOR LEGAL SERVICES - 5
(Prosecuting Attorney for the City of Arlington)
employment because of race, color, religion, sex, national origin,
creed, marital status, age or the presence of any sensory, mental
or physical handicap. Performance shall include, but not be
limited to: employment, upgrading, demotion or transfer,
recruitment advertising, layoff or termination, rates of pay or
other form of compensation, and programs for training including
apprenticeships, unless such distinctions are based upon a bona
fide occupational qualification.
X. NOTICES
10.1 Notices. That if any notice is required or desired to be given under this
contract, such shall be deemed given if such is sent in writing by certified mail to his/her office,
in the case of the Prosecuting Attorney, or to the Office of the Mayor, in the case of the City.
10.2 Entire Contract This contract contains the entire understanding of the parties. It
may be changed only by an agreement in writing signed by the party against whom enforcement
of any waiver, change or modification, extension or discharge is sought.
IN WITNESS WHEREOF the parties have executed this Agreement on the ____ day
of __________, 20087.
THE CITY OF ARLINGTON, a Washington Municipality
_______________________________________________
Margaret Larson, Mayor
ZACHOR & THOMAS, Inc., P.S.
_______________________________________________
H. James Zachor, Jr., President
ATTEST/AUTHENTICATED:
__________________________________
City Clerk,
Content read, noted and approved:
__________________________________
Steven J. Peiffle, WSBA#14704
Attorney for the City of Arlington
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #8
ATTACHMENT K
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT:
Approval of Contract for Consultant on
telephone systems selection and
implementation
DEPARTMENT OF ORIGIN:
CONTACT: Bryan Terry, IT 403-4610
ATTACHMENTS:
1. Professional Services Contract and Fee Schedule
EXPENDITURES REQUESTED: Not to exceed $35,000
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the proposed contract
DESCRIPTION: The City Council is being asked to approve the contract to bring onboard the
consultant to help select and implement the new City wide telephone system. The IT Manager brought
before you this proposal on the May 19th City Council meeting, and was approved. The City selected
COMGroup from Kirkland Washington to be the consultant of choice. This was before Council at the
August 11th workshop meeting.
HISTORY: Replacing the City’s financial management software and telephone systems have been
identified in departmental work plans as goals for 2009 (software) and 2011 (telephone). Because of the
age of current phone system and construction of the new fire station staff is recommending that City
proceed with replacement of the telephone system and delay new software until later. The current
phone system (over ten years old) would require an additional switch to connect the fire station which is
putting money into old technology.
ALTERNATIVES:
1. Table for additional review
2. Delay and look at with 2009 budget process
3. Do nothing
RECOMMENDED ACTION:. Authorize the Mayor to sign the contract with COMGroup Inc. to help
select and implement a new Citywide telephone system.
Concnslt98
AGREEMENT FOR SERVICES
THIS AGREEMENT is entered into the date last below written between the City of Arlington,
Washington (“City”) and COMGROUP Inc. (“Contractor”).
1.0
SERVICES BY CONTRACTOR
1.1 Contractor shall perform the services described in the Scope of Work attached hereto as
Attachment A.
2.0
PAYMENT
2.1 City shall pay Contractor for such services: (check one)
Hourly: $ per hour, plus actual expenses, but not more than a total of $ .
Fixed Sum: A total amount of $ .
X Other: An hourly fee plus reimbursement of expenses per the schedule attached as
Attachment B, but not to exceed $35,000 for all work performed and expenses incurred in
performance of this contract.
2.2 If required, Contractor shall maintain time and expense records and provide them to the City monthly,
along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice.
2.3 All invoices shall be paid by mailing a City warrant within 30 days of receipt of a proper invoice.
2.4 Contractor shall keep cost records and accounts pertaining to this Agreement available for
inspection by the City representatives for three (3) years after final payment. Copies shall be made
available on request.
2.5 If the services rendered do not meet the requirements of the Agreement, Contractor will correct or
modify the work to comply with the Agreement. City may withhold payment for such work until the
work meets the requirements of the agreement.
3.0
DISCRIMINATION AND COMPLIANCE WITH LAWS
3.1 Contractor agrees not to discriminate against any employee or applicant for employment or any
other person in the performance of this agreement because of race, creed, color, national origin, marital
status, sex, age, physical or other motor handicap, or other circumstance prohibited by federal, state or
local law or ordinance, except for a bona fide occupational qualification.
3.2 Contractor shall comply with all Federal, State and local laws and ordinances applicable to the
work to be done under this agreement.
Agreement for Services
Page 2
ConCnslt98
3.3 Violation of this Paragraph 3 shall be a material breach of this Agreement and grounds for
cancellation, termination or suspension of the Agreement by City, in whole or in part, and may result in
ineligibility for further work for City.
4.0
TERM AND TERMINATION OF AGREEMENT
4.1 This agreement shall remain in effect until completion of the services described in Attachment A
and final payment therefore.
4.2 This Agreement may be terminated by either party without cause upon thirty days written notice,
in which event all finished or unfinished documents, reports, or other material or work of Contractor
pursuant to this Agreement shall be submitted to City, and Contractor shall be entitled to just and
equitable compensation at the rate set forth in Paragraph 2 for any satisfactory work completed prior to
the date of termination.
5.0
OWNERSHIP OF WORK PRODUCT
5.1 All data, materials, reports, memoranda and other documents developed under this Agreement
whether finished or not shall become the property of City, shall be forwarded to City at its request and
may be used by City as it sees fit. City agrees that if it uses products prepared by Contractor for purposes
other than this intended in this Agreement, it does so at its sole risk and it agrees to hold Contractor
harmless therefore.
6.0
GENERAL ADMINISTRATION AND MANAGEMENT
6.1 The Director of the Information Services Department of the City of Arlington or his/her designee,
shall be City’s representative, and shall oversee and approve all services to be performed, coordinate all
communications, and review and approve all invoices, under this Agreement.
The Director’s Designee shall be: Bryan Terry
7.0
HOLD HARMLESS
7.1 Contractor shall protect, defend, indemnify and save harmless City, its officers, employees and
agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of Contractor, its officers, employees and agents in
performing this Agreement.
7.2 City shall protect, defend, indemnify, and save harmless Contractor, its officers, employees and
agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of City, its officers, employees and agents in performing
this Agreement.
Agreement for Services
Page 3
ConCnslt98
8.0
INSURANCE
8.1 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.
8.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
a. Commercial General Liability: $1,000,000 per occurrence for injury and $2,000,000 General
Aggregate.
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.
d. Consultant’s errors or omissions or professional liability applying to all professional activities
performed under this contract: $1,000,000 per claim and $1,000,000 policy aggregate limit.
8.3 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.
8.4 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.
8.5 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
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the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
8.6 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.
9.0
SUBLETTING OR ASSIGNING CONTRACT
9.1 Neither City nor Contractor shall assign, transfer, or encumber any rights, duties or interests
accruing from this Agreement without express prior written consent of the other.
10.0
FUTURE SUPPORT
10.1 City makes no commitment and assumes no obligation for the support of contractor’s activities
except as set forth in this Agreement.
11.0
INDEPENDENT CONTRACTOR
11.1 Contractor is and shall be at all times during the term of this Agreement an independent
contractor.
12.0
EXTENT OF AGREEMENT/MODIFICATION
12.1 This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties hereto and superseded all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or added to only by
written instrument properly signed by both parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of 20 .
CONTRACTOR CITY OF ARLINGTON
By: By:
Name:
Title:
Agreement for Services
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ATTACHMENT A
1.1 PROJECT SCOPE OF WORK
The project will be broken into tasks. Some tasks may take place concurrently. Consultants may
recommend that tasks take place in slightly different order.
Each task requires acceptance by City. At conclusion of each task, relevant project documents must be
provided to the City electronically in acceptable document formats.
1.1.1 TASK I– PROJECT INFORMATION GATHERING AND PRELIMINARY PLANNING
Project initiation: Meet with sponsors and key technical personnel to develop clear understanding of
project goals and objectives. Determine estimated project budget. Identify data needs for the project in
advance of the initial meeting, and work with staff to assign responsibility for gathering information if
necessary. Review project time lines.
Meet with key staff to gather and review existing data. May need to gather data onsite as there is limited
documentation of current system. Review technical documentation, operating budget and billing
information, discuss VOIP systems feasibility and assessment processes.
Develop specific plan of action for subsequent project tasks.
At conclusion of this task, consultants and project team members should have clear mutual understanding
of project goals. Detailed project tasks should be identified. Substantial amount of City information
should be provided to consultant.
1.1.2 TASK II– PROJECT KICKOFF WITH DEPARTMENT REPRESENTATIVES
Provide introduction and education session to project team and department representatives. Meeting
should provide an overview of the telecommunications market, description of potential value to the City,
clarification of data gathering processes, identification of project risks, etc. Education process should
provide discussion about features, functionality that could be expected of more modern phone systems.
Consultants will be asked to make a one-hour presentation to Department Head team during the initial
project phases.
At conclusion of this task, department representatives should have general understanding of the project
steps; have general understanding of their role in gathering data and identifying department goals and
requirements.
1.1.3 TASK III– DETAIL DATA GATHERING
Consultants to work with technical personnel to review systems in place, review systems configuration
and/or wiring and data facilities, assess network performance, etc. Proponents may recommend that this
task take place in slightly different order. Proponents may assign data gathering to IT representatives.
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Proponents may recommend visit to all sites and facilities. Consultants should request that IT staff gather
data and information rather than consultants, wherever possible.
At the conclusion of Tasks III & IV, consultants will have sufficient information to develop phone
number plan and develop acquisition strategy, and will have substantial information to be used in
bid/purchase processes.
1.1.4 TASK IV – DEPARTMENT EDUCATION AND NEEDS IDENTIFICATION
Meet with all departments to discuss unique business needs and preferences of department leadership.
Meetings should include department representatives, department management staff or other requested
participants, and at least one member of core project team from IS Department.
As proponents develop timeline for this task, consider the following:
• Police department – allow extra time to gain understanding of current stand alone phone operation
and how to integrate with new system, review potential impacts/benefits of 4-Digit dialing
requirements, and gain particular understanding of unique department requirements.
• Use of VoIP systems over slow links- as many of our sites are on point-to-point T1 circuits.
• Fire Department - discuss existing systems and sites, review plans for new fire station.
• Cemetery – Integration of phone system with only a Cable Internet VPN connection to network.
• Information Technology –Discuss billing options for department charge-backs.
At the conclusion of Tasks III & IV, consultants will have sufficient information to develop phone
number plan and develop acquisition strategy, and will have sufficient information to be used in
bid/purchase processes.
1.1.5 TASK V– PHONE NUMBERING PLAN / E911 INTEGRATION
The City of Arlington has a solid numbering plan in place, and would like to see this stay the same. Work
with department representatives as needed.
Implementation of E911/Reverse E911 database or services is critical in the scope of this telephone
integration.
Identify short-term and longer term operating costs associated with services.
At conclusion of Task V, a clear plan E911/Reverse E911 and related services is established.
1.1.6 TASK VI – ACQUISITION STRATEGY
Information resulting from data gathering should be assembled in such a way that acquisition strategy for
phone systems can be developed. Key information includes
• Identification of common functional requirements
• Identification of unique requirements for some City departments or work areas
• Strategy and approach for major sites and for small sites
• Recommendation regarding vendor/platforms to consider further. Based on city
requirements, existing infrastructure, and resources, identify a short list of vendor solutions
that should be considered further.
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In consultation with IS regarding City purchasing requirements, research and identify existing contracts
or vehicles for short-list vendor solutions. If not done earlier, recommend approach for smaller sites in
terms of systems replacement, services changes, etc. Identify product review/demonstrations that would
facilitate decision-making.
Provide overview of selected solutions and options to core project team and recommendations to
expanded project team. Overview should include discussion of pros and cons for short-listed vendors,
initial sense of whether or not specific add-ons would be beneficial, and purchasing approach
recommended (for project team) and adopted (when presenting to expanded project team).
At conclusion of Task VI, short list of recommended solutions should be identified. Purchasing options
including ability to purchase from eligible contracts should be identified. Final project scope in terms of
equipment replacement and services transitions should be clear.
1.1.7 TASK VII - ACQUISITION
Prepare equipment specifications and equipment lists for short-listed vendors. Identify degree of
redundancy and site locations for system components. Identify network switch upgrades needed and
purchasing strategy for switch equipment. Gather quotes and pricing as needed based on purchasing
strategy adopted. Identify cost of purchase and implementation of systems for short-listed vendors. The
City would like to see the purchase procured from the WSCA (Western States Contracting Alliance),
KCDA (King County Directors Association), or GSA (U.S. General Services Administration) contracts.
If an existing contract is not identified for short-list solutions, prepare equipment specifications for
equipment and installation quote. Review submitted bids. Provide summary project cost information and
recommendation to project team.
Based on all information received, determine vendor solution for the City. Order equipment.
Consultants may be asked to make a one-hour presentation to Department Head team during the
acquisition/implementation phases of the project. Consultants may be asked to make one or two
additional presentations to elected officials.
At the conclusion of Task VII, the vendor solution will be identified. Acquisition will be in process.
1.1.8 TASK VIII – IMPLEMENTATION
Develop Implementation Plan based on all previous activities. Development of this plan is likely to
overlap acquisition efforts. Implementation Plan should include order of implementation events,
including phone services transitions.
Implementation plan will include all phases of equipment receipt and installation, clear delineation of
Contractor vs. City responsibilities, training of technical personnel, installation of equipment, training of
end-users, and cutover.
The project steering committee must sign off on the implementation plan.
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1.1.9 ADDITIONAL TASKS NOT CALLED OUT BY THE CITY
Should consultants identify additional tasks or actions not identified in the scope of work, consultants are
requested to identify recommended or optional tasks in an “Additional Tasks” section of the proposal.
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ATTACHMENT B
Task Task Name Hours Hours Fees Fees Average Bill Rate
per hour
LOW HIGH LOW HIGH LOW HIGH
I & II
Information Gathering
Preliminary Plan & Project
Kick Off 16 20 $2,320 $3,100
145 155
III & IV
Detailed Data Gathering,
Education, & Needs
Identification 30 36 $4,050 $5,040
135 140
Part of
IV
Optional VOIP Readiness /
Network Assessment 16 20 $2,480 $3,200
155 160
V
Phone Numbering Plan and
Services Plan 6 12 $930 $1,920
155 160
VI &
VII
Acquisition Strategy &
Acquisition 48 74 $7,440 $12,210
155 165
VIII
Implementation Project
Management 40 65 $5,400 $9,100
135 140
Totals 156 227 $22,620 $34,570
Possible Breakdown by Title
$185 Principal Consultant 16 50 $2,960 $9,250
$165 Senior Consultant 16 32 $2,640 $5,280
$145 Consultant 76 95 $11,020 $13,775
$125 Associate Consultant 48 50 $6,000 $6,250
156 227 $22,620 $34,555
Expenses/Reimbursable:
COMgroup will request reimbursement for mileage from Kirkland to meetings in Arlington at
IRS Standard rates.
Reimbursables expenses will not exceed $ 400 unless approved, in advance, by City officials.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #9
ATTACHMENT L
COUNCIL MEETING DATE:
August 18, 2008
SUBJECT:
Resolution No. 776, supporting the creation
of a “Bridge of Flowers” over the
Stillaguamish River
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Resolution No. 776, in support of creating a “Bridge of Flowers” over the Stillaguamish River
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
The City Council requested the development of a resolution that establishes the support for the
creation of a “Bridge of Flowers” over the Stillaguamish River. The “Bridge of Flowers” is an
idea brought to the City Council by the Centennial Trail Coalition and the City’s Parks, Arts,
and Recreation Commission that would redevelop the abandoned railroad trestle adjacent to
Haller Park. The trestle will connect the north and south portions of the Centennial Trail,
allowing the extension for
HISTORY:
The concept of the “Bridge of Flowers” was presented at the August, 11, 2008 Council
Workshop by volunteers Beth Hill and Duane Weston.
ALTERNATIVES:
Amend the resolution and move forward for adoption.
RECOMMENDED ACTION:
I move Council approve Resolution No. 776, in support of creating a “Bridge of Flowers” over
the Stillaguamish River.
RESOLUTION NO. 776
A RESOLUTION IN SUPPORT OF CREATING A
“BRIDGE OF FLOWERS” OVER THE STILLAGUAMISH RIVER
WHEREAS, the City of Arlington supports the creation of new recreation
amenities for the use of its citizens and visitors; and
WHERAS, the City of Arlington is a Tree City and supports the establishment of
new green spaces throughout the community; and
WHEREAS, the City of Arlington is working in partnership with Snohomish
County to extend the Centennial Trail from Arlington to the Skagit County line by
crossing the Stillaguamish River using the abandoned railroad trestle adjacent to Haller
Park; and
WHEREAS, the City Council has received a request for permission to create a
“Bridge of Flowers” on this same abandoned railroad trestle that crosses the
Stillaguamish River; and
WHEREAS, supporters of this concept have requested a formal declaration from
the City Council so that it can attempt to raise donations of money, services, and goods
to create such an amenity; and
WHEREAS, the City Council wishes to affirm its support for the concept of
creating a “Bridge of Flowers”;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Arlington, Washington, as follows:
The City Council supports efforts by local volunteers to create a “Bridge of
Flowers” on the abandoned railroad trestle that crosses the Stillaguamish
River.
APPROVED by the Mayor and City Council of the City of Arlington,
Washington, this ______ day of August, 2008.
RESOLUTION NO. 776 1
RESOLUTION NO. 776 2
CITY OF ARLINGTON
___________________________________
Margaret Larson, Mayor
ATTEST:
________________________________
Kathy Peterson, Finance Director
APPROVED AS TO FORM:
________________________________
Steve Peiffle, City Attorney