Loading...
HomeMy WebLinkAbout09-20-10 Council Meeting Arlington City Council September 20, 2010 - 7 PM City Council Chambers 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 1. Scott Munson and Adam Lingenfelter, Pro Build 2. Ryann Reece ~ Girl Scouts Silver Award 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 September 7 and 13, 2010 meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING 1. Proposed Minor Zoning and Land Use Map Amendments ATTACHMENT B UNFINISHED BUSINESS NEW BUSINESS 1. Contract with RH2 for study and analysis of 67th Trunk Sewer Line ATTACHMENT C 2. Supplement #3 to the HDR Engineering Contract for final design of the ATTACHMENT D 67th Avenue Reconstruction Project, Phase III 3. 67th Phase III – Local Agency Agreement Supplement #2 ATTACHMENT E ~Obligating Final Design Grant Funding 4. IMCO Change Order No. 7 for installation of reclaimed water pipeline ATTACHMENT F 5. Fiber Agreement for Fire Station #48 ATTACHMENT G 6. Proposed Resolution for Adoption of CEMP ATTACHMENT H 7. Interlocal with Fire District #19 for equipment use ATTACHMENT I 8. MOU with the State for a Disaster Staging Area ATTACHMENT J 9. PUD Easement on 51st ATTACHMENT K 10. Adoption of the Snohomish County Cities Legislative Agenda ATTACHMENT L 11. Ordinance adopting revisions to AMC – Title 1 ATTACHMENT M 12. Ordinance adopting revisions to AMC – Chapter 2.04 ATTACHMENT N 13. Interlocal Agreement between SR9 Coalition Cities for Lobbying Services ATTACHMENT O 14. Joint Public Hearing with Snohomish County Council ATTACHMENT P ~ Open Space Designation Application 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. DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To download all attachments, click here DRAFT Page 1 of 4 Council Chambers 110 East Third September 7, 2010 City Council Members Present by Roll Call: Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, and Steve Baker Council Members Absent: Linda Byrnes (excused) City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Police Chief Robert Sullenberger, Police Commanders Brian DeWitt and Terry Quintrall, Sergeants Mark Pennington, Jonathan Ventura, and Kay Schander, Officers Rory Bolter, Mike Phillips, Peter Barrett, Curtis Hirotaka, Mike McQuoid, Jason Rhodes, Ronnie Johnstone, Seth Kinney and Mike Gilbert, PSO Elizabeth Chamberlin, Jim Kelly, Rob Fire Chief Jim Rankin, Paul Ellis, Chris Badger, Cristy Brubaker, Julie Good, Dennis Kelly, Police Volunteer Coordinator, Jan Bauer, Steve Peiffle – City Attorney. Also Known to be Present: Ray Harmon – Distinguished Senior Citizen, Adam Rudnick – Arlington Times, Michael Prihoda – Arlington/Smokey Point Chamber of Commerce, Bea Randall Community Garden/Food Bank, Nola Smith Downtown Business Association, and Sarah Arney – North County Outlook Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. Steve Baker moved to approve the Agenda. Chris Raezer seconded the motion which passed with a unanimous vote. APPROVAL OF THE AGENDA Recognition of Howard Christianson INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor Larson honored former Mayor Howard Christianson for his service to our nation and the community of Arlington. He was then presented a plaque of appreciation by Mayor Larson and he spoke a few words. Cornerstone Award for Minifie Investments, LLC Paul Ellis presented the Cornerstone Award to Jim and Kim Minifie, and with the use of a power point presentation Mr. Ellis showed improvements in the building throughout the years. At this time Mr. Minifie spoke and was then presented the Cornerstone Award. Nola Smith, speaking for the Arlington Downtown Business Association, gave an update of recent and upcoming events. Scott Solla congratulated Ms. Smith and the Chamber on the number of backpacks presented and their participation in community events. PUBLIC COMMENT Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT September 7, 2010 Page 2 of 4 Br Nagy, 425 876 7749, is concerned about receiving parking tickets and having his car towed. Bea Randall – Community Garden and Food Bank Ms. Randall spoke in concern of the theft from community gardens for produce destined for Arlington’s Food Bank and she requested a designating sign. CONSENT AGENDA Steve Baker moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1.Minutes of the August 16 and 23, 2010 meetings 2.Accounts Payable Claims Checks # through # in the amount of $ and Payroll Checks # through # in the amount of $ 3. M3 Financial Utility Easement 4. Surplus WWTP Belt Filter Press 5. Division Street Dedication 6. Bulldog Basketball League Agreement 7. Library Drop Box 8. National Preparedness Month Proclamation There was no Public Hearing. PUBLIC HEARING There was no Unfinished Business. UNFINISHED BUSINESS NEW BUSINESS Fire Chief Jim Rankin spoke to the importance of having a Hazard Mitigation Plan in place before a circumstance took place in which it would be needed. He then asked for Council approval. Resolution Adopting the Arlington Annex to the County Mitigation Plan Sally Lien moved to approve the City of Arlington Annex to be placed into the Snohomish County Hazard Mitigation Plan of 2010 which will be updated each year for the next 4 years and require a full re-write and review process in the 5th year. Marilyn Oertle seconded the motion that passed with a unanimous vote. Public Works Director Jim Kelly addressed the Change Order. IMCO Change Order #6 for WWTP Project Dick Butner moved to approve the Change Order No. 6 to the IMCO WWTP Upgrade and Expansion construction contract. Chris Raezer seconded the motion that passed with a unanimous vote. Mr. Kelly noted the new 4-year Mitigation Agreement. Both Mr. Kelly and City Attorney Steve Peiffle answered Council questions. North County Transfer Station Mitigation Agreement Minutes of the City of Arlington City Council Meeting DRAFT September 7, 2010 Page 3 of 4 Dick Butner moved to approve the Traffic Mitigation Agreement between the City of Arlington and Snohomish County for the North County Recycling and Transfer Station (NCRTS). Sally Lien seconded the motion that passed with a unanimous vote. Mr. Kelly spoke to the Waste Management Contract Agreement and answered Council concerns and comments. Emily Niguidula from Waste Management also answered Council questions. Waste Management Contract Dick Butner moved to approve the contract renewal with Waste Management subject to final review by the City Attorney. Chris Raezer seconded the motion that passed with a unanimous vote. Finance Director Jim Chase answered Council questions. Ordinance to Change Gambling Tax Reporting Requirements from Quarterly to Monthly Steve Baker moved to accept the proposed Ordinance changing the Gambling Tax reporting requirements from Quarterly to Monthly. Sally Lien seconded the motion that passed with a unanimous vote. Mr. Chase also addressed this change in the Tax reporting requirements. There were no Council questions. Ordinance to Change Occupation Taxes Reporting Requirements from Quarterly to Monthly Steve Baker moved to adopt the proposed Ordinance to change the Occupation Taxes reporting requirements from Quarterly to Monthly. Dick Butner seconded the motion that passed with a unanimous vote. Paul Ellis gave a brief description of services provided by Mr. Ericson. Professional Services Agreement with V. Ericson Chris Raezer moved to approve the Professional Services Agreement with Vic Ericson. Sally Lien seconded the motion that passed with a unanimous vote. Assistant City Administrator Kristin Banfield gave a brief description of changes in the Rules of Procedure. Revision to the City Council Rules of Procedure – Mayor Pro Tem & Alternate Mayor Pro Tem Dick Butner moved to approve the updated Council Rules of Procedure as presented. Steve Baker seconded the motion that passed with a unanimous vote. City Administrator Allen Johnson gave a brief summary of Chief Sullenberger’s resignation and the upcoming employment with Nelson Beazley to serve as Arlington Police Chief. Employment Agreement with N. Beazley Sally Lien moved to authorize the Mayor to sign an Employment Agreement with Nelson Beazley to serve as the City’s Police Chief. Dick Butner seconded the motion that passed with a unanimous vote. Minutes of the City of Arlington City Council Meeting DRAFT September 7, 2010 Page 4 of 4 Mr. Beazley introduced himself to the Council, received a plaque in appreciation for his service to the City of Arlington, and spoke a few words. Officer Rory Bolter publicly thanked Chief Sullenberger for his service and presented him with a token of appreciation from his police staff. He then thanked the City for their quick replacement action. Mayor Larson gave a brief report. MAYOR’S REPORT Sally Lien gave a brief report, while Dick Butner, Scott Solla, Marilyn Oertle, Chris Raezer and Steve Baker had nothing to report at this time. COUNCIL COMMITTEE REPORTS City Attorney announced that there would not be the need for an Executive Session. EXECUTIVE SESSION With no further business to come before the Council, the meeting was adjourned at 8:04PM. ADJOURNMENT ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 3 Council Chambers 110 East Third Street September 13, 2010 Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker, Mayor Larson, Allen Johnson, Kristin Banfield, Jim Kelly, Eric Scott, Fire Chief Jim Rankin, David Kuhl, Bryan Terry, Julie Good, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: All Council members were present. Also Known to be Present: Sarah Arney – North County Outlook Mayor Larson called the meeting to order at 7:00PM and the pledge allegiance to the flag followed. Steve Baker moved to approve the Agenda, and Sally Lien seconded the motion, which passed with a unanimous vote approving the following Workshop Agenda. Review of AMC Title 10 Parking Regulations WORKSHOP ITEMS – NO ACTION WAS TAKEN Due to the fact that one of the participants was not available, this item was not addressed. RH2 Study of 67th Trunk Infrastructure Proposal Public Works Director Jim Kelly addressed sewer service and the proposed study by RH2. Mr. Kelly addressed Council questions at the conclusion of his presentation. 67th Ave, Phase 3 Presentation by HDR Jim Kelly introduced Eric Dawson and with the use of a power point presentation, Mr. Dawson, P.E. from HDR Engineering, 500 108th Avenue NE, Suite 1200, Bellevue, WA, addressed the 67th Avenue Phase 3 Reconstruction Project, giving a history of the project, alternatives analysis, final design, funding issues, and the final design schedule. At the conclusion of his presentation, Mr. Dawson answered Council questions. Mr. Kelly will present the contract at the next meeting which will enable the process to begin. Stormwater Wetland Project Update and Contract With the use of a power point presentation Mr. Kelly presented the September 13, 2010 Stormwater Wetland Project Update. He included the project history, completed work to date, a stormwater conceptual design, a wetland plan view, water surface from weekly and 10 year storm events, and phase funding. Throughout the presentation Mr. Kelly answered Council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT September 13, 2010 Page 2 of 3 Fiber Agreement for Fire Station 48 Information Services Manager Bryan Terry gave the background for the request and addressed the proposed Fiber Agreement with Blackrock. This will be addressed at the next Council meeting. Fire Interlocal for equipment Use Fire Chief Jim Rankin spoke to the Equipment Loan Agreement and then answered Council questions. This will be addressed at the next Council meeting. Memorandum of Understanding with the State for a Disaster Staging Area Jim Rankin spoke of the request for approval of a Memorandum of Understanding with Washington State to use the Airport as a disaster staging area. He then addressed the advantages to Arlington, should this be approved. Mr. Rankin answered Council questions throughout his presentation. Snohomish County Legislative Agenda Assistant City Administrator Kristin Banfield spoke to the need for Snohomish County to demonstrate a united front in their legislative items for the 2011 Legislative session. AMC – Title 1 Ms. Banfield noted recently proposed updates of Title 1. City Attorney Steve Peiffle gave Latin definitions regarding infractions with and without intent. AMC – Chapter 2.04 Ms. Banfield pointed out changed language reflecting changes. AMC – Chapter 2.xxx – BVFF Ms. Banfield addressed this new chapter which would create a volunteer fire fighter board of trustees. AMC – Chapter 2.xxx – LEOFF Board Ms. Banfield explained the request for a LEOFF Disability Board. PUD Easement on 51st Ms. Banfield addressed the request from the PUD for an easement on 51st Street. Joint Public Hearing with Snohomish County Council - Open Space Designation Application City Attorney Steve Peiffle reviewed the need for the appointment of three Arlington Council members to attend a Public Hearing with the County Council to decide whether or not to accept the application for an open space designation. Mr. Peiffle then answered Council questions. Councilmembers Baker, Solla, and Oertle volunteered to attend the joint meeting. Interlocal Agreement between the SR9 Coalition Cities for Lobbying Services City Administrator Allen Johnson addressed the advantages for an Interlocal agreement between the cities of Arlington, Lake Stevens and Marysville along Highway 9. Discussion followed. Miscellaneous Council items Mayor Larson and Chris Raezer discussed a recent request they had concerns about. Minutes of the City of Arlington City Council Meeting DRAFT September 13, 2010 Page 3 of 3 The meeting was adjourned at 8:29PM. ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: Public Hearing ATTACHMENT B COUNCIL MEETING DATE: September 20, 2010 SUBJECT: PUBLIC HEARING – Proposed Minor Zoning and Land Use Map Amendments DEPARTMENT OF ORIGIN: Community Development – David Kuhl, Todd Hall ATTACHMENTS: 1. City Council Staff Report 2. Proposed Zoning Map 3. Proposed Land Use Map EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: Attached are working drafts of the zoning and land use maps, which are being revised to adopt administrative changes. Specifically, the proposed maps are to “fill-in” gaps between current zoning districts and land use designations and the current Urban Growth Boundary, as well as update the signature blocks to include the current Assistant City Administrator/City Clerk, Kristin Banfield. Further details regarding these changes are described in the attached memorandum, as well as on the Proposed UGA Zoning and Land Use documents (attached). HISTORY: This is a City-initiated proposal to amend the City’s zoning and land use maps. The amendments were presented at the August 23, 2010 Council workshop and were recommended for adoption by the Planning Commission a public hearing on September 9, 2010. COMMITTEE REVIEW AND ACTION: Planning Commission recommended adoption by the City Council at the September 9, 2010 public hearing. ALTERNATIVES: No action. RECOMMENDED MOTION: Move to approve the amended Official Zoning and Land Use Maps as presented by Community Development staff and recommended for approval by the Planning Commission. City Council Public Hearing Date: September 20, 2010 To: City Council From: David Kuhl, Community Development Director Todd Hall, Associate Planner Re: Proposed Amendments to the Official Zoning and Land Use Maps Attached are working drafts of the zoning and land use maps, which are being revised to adopt administrative changes. Specifically, the proposed changes to the maps will “fill-in” gaps between current zoning districts and land use designations and the current Urban Growth Boundary, as well as update the signature blocks to include the current Assistant City Administrator/City Clerk, Kristin Banfield. Further details regarding these changes are described below, as well as on the Proposed UGA zoning and Land Use documents (attached). On August 23, 2010, the City Council discussed the amendments at the workshop and recommended that the Planning Commission hold a public hearing on the revised zoning and land use maps. The Planning Commission approved the changes at a public hearing on September 9, 2010, and made a recommendation that City Council consider adoption of the proposed amendments at their next meeting. Staff requests the City Council consider adoption of the map amendments as proposed below. ____________________________________________________________________________ Amendment #1 : “Fill-in” undesignated UGA north of City limit between SR 530 and Alcazar Avenue. Designate as Old Town Business District 3 (OTBD-3). Revision extends the OTBD-3 district into the currently undesignated UGA. Staff Comment Community Development Planning Division September 20, 2010 City Council Public Hearing Amendment #2 : “Fill-in” undesignated UGA north of City limit between ordinary high water mark (OHWM) of S. Fork Stillaguamish River, SR 530 and Centennial Trail. Designate as Public/Semi-Public (P/SP). Revision designates the lowland properties along the river front to be preserved as open space. Staff Comment Amendment #3 : “Fill-in” undesignated UGA between City limit and west right-of-way of SR 9, between W. Division Street and midpoint of SR 9/Stillaguamish River bridge span. Designate as Public/Semi-Public (P/SP). Revision designates the SR 9 right-of-way to P/SP as described above. Limited future uses would be proposed since the majority of the property is located within State right-of-way. Staff Comment Amendment #4: “Fill-in” undesignated UGA between City limit and west side of North Street, between W. 5th Street alignment (if extended) and W. 3rd Street alignment (if extended). Designate as Old Town Business District-2 (OTBD-2). Revision extends OTBD-2 district into this currently undesignated UGA. Limited future uses would be proposed since the majority of the property is located within State and/or County right-of-way. Staff Comment Amendment #5: “Fill-in” undesignated UGA between City limit and west side of SR 9, between W. 2nd Street alignment (if extended) and Maple Street alignment (if extended). Designates Old Town Business District-2 (OTBD-2). Revision extends OTBD-2 district into this currently undesignated UGA. Limited future uses would be proposed since the majority of the property is located within State right-of-way. Staff Comment Amendment #6 : “Fill-in” undesignated UGA between City limit and west right-of-way of Interstate 5. Designate as Highway Commercial (HC). Revision extends HC zone adjacent to the interstate. Limited future uses would be proposed since the majority of the property is located within Interstate 5 right-of- way. Staff Comment September 20, 2010 City Council Public Hearing Amendment #7: “Fill-in” undersigned UGA between City limit and east side of SR 9 right-of- way, between 176th Place and 179th Place, adjacent to Gleneagle development. Designate as Low to Moderate Density Residential (RLMD). Revision extends RLMD district into this currently undesignated UGA. No future uses would be proposed since the property is located within SR 9 right-of-way. Staff Comment Amendment #8 : Revise City Clerk signature blocks to include current city clerk. Signature blocks revised as Kristin Banfield, Assistant City Administrator/City Clerk. Staff Comment ORDINANCE NO. _____ 1 ORDINANCE NO. 2010-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE OFFICIAL ZONING MAP AND LAND USE MAP OF THE COMPREHENSIVE PLAN WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens as a way of controlling the use and development of property within its jurisdiction; and WHEREAS, the City of Arlington has the authority to update the Official Zoning Map within the City, pursuant to §20.36.110; and WHEREAS, may also update the Land Use Map of the City of Arlington Comprehensive Plan; and WHEREAS, the City Council considered these amendments at their August 23, 2010 workshop and the Planning Commission considered these amendments at their September 9, 2010 public hearing and recommended to the City Council to adopt the amendments, and determined approving the amendments was in the best interest of the City and its citizens; and WHEREAS, the City Council has considered the proposed Official Zoning Map and Land Use Map amendments and finds the same to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Official Zoning Map and Land Use Map Amendments . The City of Arlington Official Zoning Map, pursuant to AMC §20.36.100, and Land Use Map of the Comprehensive Plan shall be amended as shown on the updated maps and recommended for approval by the Planning Commission at a public hearing on September 9, 2010. Section 2. Effective Date . A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication. PASSED BY the City Council and APPROVED by the Mayor this day of ________________, 2010. ORDINANCE NO. _____ 2 CITY OF ARLINGTON ____________________________ Margaret Larson, Mayor ATTEST: _________________________ Kristin Banfield, City Clerk APPROVED TO AS FORM: __________________________ Steven J. Peiffle, City Attorney SR HC BP LI GC HC OTRD GI RHD RLMD GC RMD P/SP RLMD RHD RMD RMD GI RHD P/SP MS P/SP GC P/SP RHD NC RHD GC BP NC RMD RLMD GC P/SP P/SP NC LI OTBD - 1 P/SP RHD GC RHD NC P/SP LI P/SP RMD P/SP P/SP P/SP P/SP P/SP P/SP P/SP MS RLMD P/SP RLMD RHD RHD RLMD BPRMDBP GC GC RHD HC RMD RMD GC GI LI GCNC P/SP P/SP P/SP P/SP RHD RLMD RLMD AF OTBD - 2 OTBD - 3 RLMD RLMD RMD RLMD GCSR RLMD P/SP HC RLMD RLMD «D «C «A «B «B «C «C «D MPNTDR GleneagleContract Rezone Pioneer MeadowsContract Rezone MPN Boundary Follows Top of Bank from center line «5 «3 «2 «1 «2 «4 «3 «3 «1 «2 «4 «4 «2 «3 «3 «3 «1 «2 «1 «2 «5 «3 1200 ' 850 ' 800 ' !"`$ ?Ó ?| ?Ô 51ST AVE NE S OLYMPIC AVE 47TH AVE NE PIONEER HWY E 172ND ST NE 186TH ST NE 204TH ST NE 67TH AVE NE 188TH ST NE SR 530 SMOKEY POINT BLVD SR 531 CEMETERY RD 59TH AVE NE MCELROY RD TVEIT RD BURN RD SR 530 SR 9 1 inch = 2,600 feet Zoning_11x17_10.mxd 09/08/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limitedto warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may containerrors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmlessthe City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness ofthe data, or the use of the data presented in the maps. APD Safety Zones A B C D Rail-line City Limits Urban G rowth Area Primary Roads State Highways APD Subdistricts THIS IS A COPY OF THE OFFICIAL ZONING MAP OF THE CITY OF ARLINGTON,PURSUANT TO AMC §20.36.100, WHICH WAS ADOPTED BY THE CITY COUNCIL ON20 MARCH 2006 PURSUANT TO ORDINANCE NO. 1389 AND BECAME EFFECTIVE 27MARCH 2006. Margaret LarsonMayor Contract Rezone TDR Overlay Zone MPN = Master Planned Neighborhood Overlay Zone Zoning SR = Surburban Residential RLMD = Low to Moderate Density Residential RMD = Moderate Density Residential RHD = High Density Residential OTRD = Old Town Residential District NC = Neighborhood Commercial OTBD - 1 = Old Town Business District 1 OTBD - 2 = Old Town Business District 2 OTBD - 3 = Old Town Business District 3 GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial GI = General Industrial P/SP = Public/Semi-Public MS = Medical Services AF = Aviation Flightline " C it y o f A r lin gt onZoning M a p Scale: File:Date: Kristin BanfieldCity Clerk SR HC BP LI GC HC OTRD GI RHD RLMD GC RMD P/SP RLMD RHD RMD RMD GI RHD P/SP MS P/SP GC P/SP RHD NC RHD GC BP NC RMD RLMD GC P/SP P/SP NC LI OTBD - 1 P/SP RHD GC RHD NC P/SP LI P/SP RMD P/SP P/SP P/SP P/SP P/SP P/SP P/SP MS RLMD P/SP RLMD RHD RHD RLMD BPRMDBP GC GC RHD HC RMD RMD GC GI LI GCNC P/SP P/SP P/SP P/SP RHD RLMD RLMD AF OTBD - 2 OTBD - 3 RLMD RLMD RMD RLMD GCSR RLMD P/SP HC RLMD RLMD «D «C «A «B «B «C «C «D «D MPNTDR GleneagleContract Rezone Pioneer MeadowsContract Rezone MPN Boundary Follows Top of Bank from center line «5 «3 «2 «4 «1 «2 «4 «3 «3 «1 «2 «4 «4 «2 «3 «3 «3 «1 «2 «1 «2 «5 «3 1200 ' 850 ' 800 ' !"`$ ?Ó ?| ?Ô 51ST AVE NE 212TH ST NW 47TH AVE NE 172ND ST NE 67TH AVE NE 3RD AVE NE LAKEWOOD RD HWY 531 SR 531 CEMETERY RD 59TH AVE NE SR 530 TVEIT RDPIONEER HWY E SMOKEY POINT BLVD 140TH ST NW FORTY FIVE RD MCELROY RD BURN RD SR 530 SR 9 1 inch = 3,500 feet LandUse_11x17_10.mxd 09/08/2010 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limitedto warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may containerrors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmlessthe City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness ofthe data, or the use of the data presented in the maps. APD Safety Zones A B C D Rail-line City Limits Urban G rowth Area Primary Roads State Highways APD Subdistricts Margaret LarsonMayor Contract Rezone TDR Overlay Zone MP N = Master Planned Neighborhood Overlay Zone Land Use SR = Surburban Residential RLMD = Low to Moderate Density Residential RMD = Moderate Density Residential RHD = High Density Residential OTRD = Old Town Residential District NC = Neighborhood Commercial !!! !!! !!!OTBD - 1 = Old Town Business District 1 OTBD - 2 = Old Town Business District 2 D D D D D D OTBD - 3 = Old Town Business District 3 GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Indus trial GI = General Indus trial P/SP = Public/Semi-Public MS = Medical Services AF = Aviation Flightline " C it y o f A r lin gt onLand U s e M ap Scale: File:Date: Kristin BanfieldCity Clerk THIS IS A COPY OF THE OFFICIAL LAND USE MAP OF THE CITY OFARLINGTON, WHICH WAS ADOPTED AS PART OF THE COMPREHENSIVEPLAN BY THE CITY COUNCIL ON 5 DECEMBER 2005 PURSUANT TOORDINANCE NO. 1375. Coordinated Water Service Area Future Planning Area City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT C COUNCIL MEETING DATE: September 20, 2010 SUBJECT: 67th Ave Trunk Sewer Assessment DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • Contract with RH@ for study and analysis of 67th Trunk Sewer Line EXPENDITURES REQUESTED: $ 17,581.00 BUDGET CATEGORY: Sewer Utility CIP fund LEGAL REVIEW: Pending review by City Attorney DESCRIPTION: Approval of proposal for consulting work to perform a study and prepare a report on recommended action for improving and increasing capacity in the 67th Ave trunk sewer line. HISTORY: The City’s trunk sewer (main sewer line) is a 24-inch sewer that travels south from the treatment plant along 67th Ave.; the 24-inch sewer reduces to a 15-inch sewer at 211th St. This sewer is the City’s main sewer line that collects effectively 95% of Arlington’s wastewater flows. Recent flow studies show that the sewer line is flowing at over 85% capacity at times; most of these instances correlate to when lift stations are on-line. However, with future growth in the SR-9/172nd St. area and in the Breakhaus-Beach area; the City trunk sewer line does not have the capacity to accommodate the increase flow. The proposed study and sewer main improvements have been addressed as a needed capital improvement in the 2008 Sewer Comprehensive Plan. This proposed study will examine loading and flows generated by future growth, propose sewer improvement projects, estimate costs for such improvements, and identify ways to fund such improvements (low cost loan, recovery contract, LID, etc.). ALTERNATIVES: • Remand to staff for additional information • Table pending further discussion RECOMMENDED ACTION: Motion to approve the RH2 scope of work and for consulting work to perform a study of the 67th Ave trunk sewer line and authorize the mayor to sign the contract. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #2 ATTACHMENT D COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Supplement No. 3 to the HDR Engineering Contract for final design of the 67th Avenue Reconstruction Project, Phase III DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • Supplement No. 3 to the HDR Engineering Contract for 67th Avenue Reconstruction Project EXPENDITURES REQUESTED: $ 570,629.46 BUDGET CATEGORY: Transportation Improvement LEGAL REVIEW: Pending final review by the City Attorney DESCRIPTION: Request for approval of HDR Engineering scope of work , schedule and budget for contract to bring the design work to completion. HISTORY: In May of 2009 Council authorized staff to contract with HDR Engineering for Completion of a 30% design for Phase III reconstruction of 67th Avenue NE from 204th Street NE to Olympic Avenue and West Avenue. The 30% design is nearing completion and the City is now preparing to move forward with the final design of the project. This project is funded through grant funding and transportation mitigation. ALTERNATIVES: • Remand to staff for additional information • Table pending further discussion RECOMMENDED ACTION: Motion to approve Supplement No. 3 to the HDR Engineering Contract for 67th Avenue Reconstruction Project authorizing HDR Engineering to complete the final design of the 67th Phase III Reconstruction Project. Exhibit A‐1, Scope of Services  Page 1  67th Avenue Phase III Reconstruction City of Arlington, Washington Supplement 3 Scope of Services – Final Design Introduction During the term of this Agreement, HDR Engineering, Inc., (CONSULTANT) shall perform professional services for the City of Arlington (CITY) in connection with the 67th Avenue Phase III Reconstruction Project (PROJECT). This Scope of Services shall be used to plan, conduct, and complete the work on the PROJECT as described herein or as amended by written Agreement between the CONSULTANT and CITY. The PROJECT shall include topographic basemapping, geotechnical investigation, roadway alternatives design, right-of-way services, public involvement, environmental investigation and permit preparation, wetland mitigation, railroad coordination, utilities coordination, illumination, traffic signal design, utilities design and coordination, fish passable culverts, storm drainage, structures, and plans, specifications, and estimate. Task A - Project Management 1. Meetings and Project Reporting Progress meetings with the CITY shall be conducted on bi-weekly basis. CONSULTANT shall provide the CITY with an agenda before each progress meeting. CONSULTANT shall be responsible for taking minutes at progress meetings and shall supply the CITY with a copy of the meeting notes. CONSULTANT shall prepare and submit a Progress Report with each invoice. The Progress Report shall summarize:  Work accomplished during the billing period  Work planned during the next billing period  Meetings attended  Issues encountered and recommendations for addressing issues  Potential impacts to scope, schedule or budget Monthly invoices for work completed shall be submitted to the CITY. CONSULTANT shall be proactive in discussing project issues or potential project issues, and shall present alternatives or make recommendations to address the issues. An Earned Value Worksheet shall be updated and submitted by CONSULTANT with each invoice. The purpose of the Earned Value Worksheet is to help effectively manage and track schedule and budget. An assessment of the percentage of work completed for each task shall be made by CONSULTANT for each invoice. Assumptions:  Project duration for this supplement shall be 8 months  16 1-hour progress meetings shall occur (6 in-person, 10 conference call) Exhibit A‐1, Scope of Services  Page 2  Deliverable(s):  Monthly invoices and progress reports (1 hard copy)  Meeting minutes from progress meetings (1 electronic PDF copy) 2. Schedule A baseline critical path schedule shall be developed by CONSULTANT for the PROJECT. The schedule shall incorporate CITY review times and other timeframes that require CITY action or approval. The schedule shall be used to manage project work and help keep the CITY informed about project progress. Assumptions:  Schedule shall be developed and maintained in MS Project Deliverable(s): One electronic and one hardcopy of the following:  Draft PROJECT schedule (1 hard copy and 1 electronic PDF copy)  Final/Baseline PROJECT Schedule (1 hard copy and 1 electronic PDF copy)  Monthly updates to the PROJECT schedule (1 electronic PDF copy) 3. Subconsultant Management It is the responsibility of CONSULTANT to manage the consultant team. Subconsultants shall report directly to CONSULTANT for PROJECT direction and management. CONSULTANT shall:  Establish, maintain, and administer agreements with subconsultants, and ensure contractual requirements are met.  Provide regular direction to CONSULTANT team.  Conduct internal coordination meetings between PROJECT team members as appropriate to control the work.  Monitor the planned versus actual rate of expenditure for each Task and take corrective actions, if and when necessary.  Monitor the planned versus actual rate of progress for each Task and take corrective actions, if and when necessary.  Inform the PROJECT team of issues to be resolved, the schedule for resolution, and the potential impacts to the successful completion of the PROJECT.  Monitor in-house and subconsultant work for adherence to scope, schedule, budget, and quality standards.  Manage integration of the subconsultant’s work.  Monitor and confirm that PROJECT work is being performed and prepared in compliance with the stated PROJECT standards. Verify that the documents and electronic files generated for the PROJECT are being Exhibit A‐1, Scope of Services  Page 3  documented and retained in PROJECT files consistent with CITY and CONSULTANT requirements. Assumptions:  None Deliverables:  CONSULTANT team management Task B - Quality Assurance/Quality Control CONSULTANT shall have an independent senior staff member perform a quality control review prior to the submittal of deliverables to the CITY. This effort shall consist of a review of PROJECT plans, estimates and reports for constructability and consistency. Assumptions:  HDR’s QA/QC program shall be used Deliverables:  Completed QA/QC form with each submittal (1 hard copy and 1 electronic PDF copy) Task D - Basemapping 1. Survey A. Supplemental Survey (i) During preparation of the final design PS&E, two additional days of survey shall be performed to pick up additional topographic features identified by the CITY and/or CONSULTANT. (ii) Additional survey of Prairie Creek to a location that is approximately 100’ south of 204th Street to include top of bank, OHWM, water surface elevation, toe of bank, thalweg, and sufficient ground shots to create a 1- foot contour map. (iii)An additional 200’ of utility surveying south of 204th Street on 67th Avenue. 3. Right-of-Way  Survey right-of-way (ROW) monuments around the PROJECT site in order to determine the ROW lines. 4. Basemap Preparation  Create an AutoCAD basemap depicting the topography collected above  Update the digital terrain model based on the supplemental survey as necessary, showing 1’ contour lines. Exhibit A‐1, Scope of Services  Page 4  Assumptions:  CONSULTANT surveyors shall request informal permission from property owners in the field to survey on private property. If informal permission is not granted, the CITY shall be responsible for obtaining formal Right-of-Entry onto the adjacent private property, so that CONSULTANT can perform the survey.  Coordinate system shall be State Plane North Zone (horizontal) & NAVD88 (vertical).  Basemap shall be created using AutoCAD LDD 2006.  Basemap shall use APWA standards for linetypes and symbology. Deliverables:  AutoCAD topographic basemap (electronic)  AutoCAD LDD digital terrain model (electronic) Task E - Geotechnical Investigation and Report Services shall include borings and analysis for stream culvert foundations and pedestrian bridge foundation, and provide three monitoring wells for determination of ground water levels at infiltration pond locations. 1. Field Investigation  Consultant shall provide borings and analysis for the stream culvert foundations and pedestrian bridge.  Three borings shall be drilled at candidate stormwater infiltration sites and shall be completed as monitoring wells in accordance with Ecology requirements. The wells shall be completed at the ground surface in flush- mounted monument covers. 2. Design Recommendations  Provide recommendations for pedestrian bridge foundation support.  Provide conclusions regarding dewatering requirements for fish passage culvert construction, and recommendations for culvert foundations. Assumptions:  The CITY shall be responsible for obtaining Right-of-Entry onto the adjacent private property where required  The CITY shall provide a street use permit for borings without a fee Deliverables:  Updated Geotechnical Report (1 hard copy and 1 electronic PDF copy each) Task G - Right-of-Way Services shall include appraisal and acquisition services to WSDOT LAG Manual standards as defined in the following work elements. Exhibit A‐1, Scope of Services  Page 5  General Assumptions for All Right-of-Way Work Elements  CONSULTANT shall follow the Uniform Relocation Act, WSDOT LAG manual guidelines, applicable state and local laws and CITY administrative rules for right of way acquisition for real estate services provided for this project.  CITY shall pre-approve real estate forms used for this project prior to CONSULTANT’S use.  CITY agrees to provide CONSULTANT with the CITY’s state-approved right-of- way procedures, environmental documentation, and any pre-approved CITY right-of-way forms.  There are a maximum of ten (10) parcels to be acquired for this project requiring five (5) appraisals, five (5) complex acquisitions and five (5) temporary easements or low impact acquisitions. 1. Task Management and Pre-Acquisition Services The CONSULTANT shall provide overall project management and quality control for right-of-way services, develop a tracking spreadsheet to manage schedule for appraisal and acquisition activities, prepare a review memo for title reports on parcels to be acquired, review preliminary construction and right-of-way plans, attend necessary project team and client meetings, participate in public or early landowner meetings and prepare files and diaries for the anticipated acquisitions. Assumptions:  A monthly ROW appraisal and acquisition tracking report shall be supplied to CITY beginning when appraisals are ordered and concluding at the end of the project.  A QC checklist shall be completed for each appraisal or acquisition deliverable and placed in the appropriate project file.  CONSULTANT shall order and prepare a review memo for a maximum of 10 title reports with the fees for each report being invoiced to the CITY as a direct expense.  A review of both preliminary and final Construction and ROW plans shall be done by CONSULTANT to identify and mitigate ROW acquisition concerns.  There shall be a maximum of 12 project team or client meetings.  There shall be a maximum of 10 public or early landowner meetings.  CONSULTANT shall have a minimum of one and a maximum of two staff attending any scheduled meetings.  A hard copy and electronic file and diary shall be prepared for each acquisition parcel. Deliverables:  Management of right of way services and monthly ROW tracking report (1 hard copy and 1 electronic PDF copy each)  QC Checklists (1 hard copy and 1 electronic PDF copy each) Exhibit A‐1, Scope of Services  Page 6   Title Review Memos and Title Reports (1 hard copy and 1 electronic PDF copy each)  Comments memo or redline of Construction and ROW Plan review (1 hard copy and 1 electronic PDF copy each)  Project team and client meeting participation (1 hard copy and 1 electronic PDF copy each)  Public and early landowner meeting participation (1 hard copy and 1 electronic PDF copy each)  Parcel diary and file preparation (1 hard copy and 1 electronic PDF copy each) 2. Project Funding Estimate and Administrative Offer Summaries CONSULTANT shall prepare a project funding estimate (PFE) using available assessment data and other public records and appraisal data collected as part of the appraisal process. The PFE shall consist of a brief narrative, comparable sales sheet, individual worksheets and overall cost spreadsheet. Administrative offer summary (AOS) reports shall be prepared for uncomplicated low value acquisitions. Assumptions:  There shall be a maximum of one PFE for a maximum of 10 parcels prepared  The PFE shall be based on readily available public and market data  There shall be a maximum of 5 AOS reports prepared  The AOS reports shall be prepared based on the market data collected through the PFE and appraisal process Deliverables:  PFE Report (1 hard copy and 1 electronic PDF copy each)  AOS Reports (1 hard copy and 1 electronic PDF copy each) 3. Appraisal, Appraisal Review and Appraisal Management The CONSULTANT shall manage the appraisal and appraisal review process and prepare appraisals and reviews. This shall include development of individual appraisal scope and an appraisal schedule, assembling and disseminating needed project data to the appraiser, drafting and delivery of landowner contact letters for affected parcels, preparation of an appraisal QC checklists and delivery of an appraisal and appraisal review for each appraised parcel. Assumptions:  CONSULTANT shall manage their appraisal staff to develop the most expeditious schedule for delivery of appraisals  CITY shall establish just compensation to be offered each owner by executing the Determination of Value Statement on the Appraisal Reviews in a timely manner  CITY shall provide any available information to CONSULTANT that is needed to complete the assigned appraisals Exhibit A‐1, Scope of Services  Page 7   There shall be a maximum of 5 parcels to be appraised and reviewed  The appraisal costs were estimated on limited data assuming primarly land valuations with no major impacts to existing buildings and will need to be updated if major property impacts occur. Deliverables:  Appraisal management (1 hard copy and 1 electronic PDF copy each)  Appraisal scope and schedule (1 hard copy and 1 electronic PDF copy each)  Landowner Contact letters (1 hard copy and 1 electronic PDF copy each)  A QC Checklist for each appraisal completed (1 hard copy and 1 electronic PDF copy each)  Appraisal Reports and Appraisal Reviews (1 hard copy and 1 electronic PDF copy each) 4. ROW Acquisitions and Negotiations CONSULTANT shall develop an acquisition schedule, review survey legal descriptions and exhibits, prepare offer packages, present offers and negotiate purchases, prepare administrative settlement memos and condemnation packages, prepare executed documents for agency approval, process executed documents and manage the escrow closing process. At the end of the project acquisition files shall be transmitted to the CITY with original documents. Assumptions:  CITY will have sufficient funding to pay for the acquisition of any parcel assigned.  CITY shall approve acquisition forms prior to their use.  Legal descriptions shall be stamped by the project surveyor and include an exhibit.  CONSULTANT shall coordinate with CITY to determine CONSULTANT’s settlement authority with justification over the approved offer for each.  Parcels shall be closed in escrow.  CITY will be responsible for a risk decision on encumbrances to be cleared or accepted.  There shall be a maximum of 10 parcels to be acquired.  If after a maximum of four (4) meaningful contacts (meaningful contact being an in-person meeting or detailed phone conversation, email or written correspondence with landowner) have been made without reaching settlement then CITY and CONSULTANT agree to meet and develop an appropriate acquisition strategy for any unsettled parcel.  CONSULTANT’S acquisition duties shall be deemed complete if any of the following occur: a negotiated settlement approved by the CITY is reached and the necessary documents are executed; a paid P&U is secured and the acquisition file is transmitted to CITY; an impasse in negotiations is reached and the parcel is submitted for condemnation; a landowner Exhibit A‐1, Scope of Services  Page 8  requests an appraisal for any AOS parcel; the acquisition type, impacts or area is changed after the appraisal is ordered; or the offer to purchase is rescinded. Deliverables:  Acquisition schedule (1 hard copy and 1 electronic PDF copy each)  Review of Survey legal descriptions and exhibits  Completed Acquisition Documents (1 hard copy and 1 electronic PDF copy each)  Negotiation Services  Administrative Settlement Memos (1 hard copy and 1 electronic PDF copy each)  Completed acquisitions or condemnation packages (1 hard copy and 1 electronic PDF copy each)  Escrow management  Completed files (1 hard copy) 5. Prepare ROW Certification Package CONSULTANT shall prepare files for certification to the standards of the Washington State Department of Transportation LAG manual and prepare a certification memo for CITY. The completed files shall be organized to facilitate easy review by the LPA Reviewing Agent and CONSULTANT shall provide one Senior Agent to participate with CITY during the certification review process. Assumptions:  There will be a maximum of 10 acquisition files  There will be a maximum of one certification memo prepared  There will be a maximum of one certification review meeting of two (2) hour duration Deliverables:  Certification files (1 hard copy)  Final Certification Memo (1 hard copy and 1 electronic PDF copy each)  Participation in LPA Certification Reviews 6. Right-of-Way Plans A. Prepare Right-of-Way Plans for the Project Corridor which includes ownership tables that identify the necessary easements and fee takes. B. Prepare exhibits and legal descriptions for takes and easements. Assumptions:  CITY to provide title reports for parcels needing easements or fee takes.  Ten exhibits including legal descriptions are assumed for the Project.  Right-of-Way Plans shall be prepared for the 60% Submittal. Only one revision shall be necessary after that. Exhibit A‐1, Scope of Services  Page 9  Deliverables:  Complete Right-of-Way Plans prepared by a land surveyor licensed in Washington State. Task H - Public Involvement CONSULTANT shall support the CITY to engage in an open dialogue with the community about improvements being planned for the PROJECT. CONSULTANT shall work closely with the CITY staff to develop a tailored public outreach program to maximize citizen awareness and understanding of the PROJECT and involvement in the development of the PROJECT final design. The CITY will be responsible for scheduling and reserving ADA- and transit-accessible meeting venues, providing refreshments and attending any community events. The CITY will be billed directly for the cost of any printed display or informational materials. 1. Comment and Contact Database CONSULTANT shall maintain an existing MS Excel project database to track public comments and responses, contact information for interested parties and key stakeholders, and activities and meetings held. Assumptions:  None Deliverables:  Comment/contact database in MS Excel (electronic copy)  Monthly database reports (electronic copy) 2. Public Open House A. Meeting Logistics CONSULTANT shall prepare and provide equipment for, support, set up and orchestrate (including active facilitation if necessary) one public open house. It is assumed that the public open house will last up to four hours and will be a combination of information sharing and dialogue through an open house format, presentation, and informal opportunities for the public to provide input to team members and CITY staff present at each meeting. The public open house will be held near the end of the final design development process, to present and receive public input on the final 100% design concept. CONSULTANT shall provide a summary of both the verbal and written comments received at the public open house. The CITY will be responsible for scheduling and reserving ADA- and transit-accessible meeting venues, providing refreshments and attending each meeting. B. Meeting Advertisements for Public Open House CONSULTANT shall prepare a display advertisement announcing the public open house to be placed in publications by the CITY and on the CITY’s project Web page. CONSULTANT shall also prepare and distribute flyers advertising the public events, to be placed at local gathering spaces. Exhibit A‐1, Scope of Services  Page 10  Assumptions:  Meeting advertisements to be placed and paid for by the CITY Deliverables:  Public meeting display advertisement (1 electronic copy)  Public meeting flyer (1 electronic copy) C. Meeting Displays and Materials for Public Open House CONSULTANT shall coordinate and support the development and graphic design for up to 15 10 display boards to provide information about the project issues, benefits, and design. CONSULTANT shall also prepare comment forms and a take-away fact sheet about the project and next steps. Assumptions:  CONSULTANT shall coordinate printing of materials, to be paid for directly by the CITY Deliverables:  Draft and final meeting plan for the public open house; includes meeting agenda, format, roles and responsibilities, and meeting logistics (1 hard copy and 1 electronic PDF copy each)  Draft and final project fact sheet (1 hard copy and 1 electronic PDF copy each)  Draft and final display boards (up to 15 10 total) and meeting materials (comment form and handouts) (1 hard copy and 1 electronic PDF copy each)  Draft and final meeting summary for the public open house (1 hard copy and 1 electronic PDF copy each) 3. Stakeholder Interviews CONSULTANT shall prepare for, support, schedule and conduct stakeholder interviews and meetings (up to 12 6 total). Interviews will be held throughout the final design development process with key stakeholders along the project corridor, as identified by CONSULTANT and CITY staff. The interviews will provide an opportunity to address issues as they arise, discuss stakeholder questions and concerns, and inform the final design. It is assumed that each stakeholder interview will last approximately 60 minutes. CONSULTANT shall provide a written summary of each stakeholder interview. Assumptions:  CONSULTANT to attend stakeholder interviews. CITY staff to also attend, when determined appropriate by the CITY. Exhibit A‐1, Scope of Services  Page 11  Deliverables:  Agendas and discussion questions for each stakeholder interview (1 hard copy and 1 PDF electronic copy each)  Project fact sheet for distribution at each stakeholder interview (1 hard copy and 1 electronic PDF copy each)  One draft and one final summary for each stakeholder interview (1 hard copy and 1 electronic PDF copy each) 4. City Council Meetings CONSULTANT shall provide support to attend, draft materials for, and write a summary of City Council meetings and/or workshops to review and approve the final design concept. Assumptions:  CITY to arrange for Council Chambers or another room of the CITY’s choosing for four hours. Deliverables:  Attendance at up to two City Council meetings and/or workshops  Support to develop up to two informational packets for City Council meetings and/or workshops  Summaries of project specific discussion at City Council meetings and/or workshops, including public comments 5.4.Web page CONSULTANT shall coordinate with the CITY Web site manager to maintain and update a project Web page that features information about the project, key milestones, informational materials (including materials provided at public meetings), upcoming opportunities for public input, and contact information for the project team. The site will be developed and managed by the CITY. Assumptions:  Web page content to be developed by CONSULTANT and reviewed by the CITY  We page will be hosted and managed by the CITY Deliverables:  Draft and final Web page content  Up to three Web page updates as necessary 6.5.Public Outreach and Comment Summary CONSULTANT shall develop one draft and one final summary of public outreach activities conducted and issues identified during this phase of the project. Assumptions:  None Exhibit A‐1, Scope of Services  Page 12  Deliverables:  One draft and one final public involvement summary (1 hard copy and 1 electronic PDF copy each) Task I - Environmental Investigation and Permit Preparation 1. Permits Permits shall be required for in-water construction, wetland fill, and critical area modification. Preparation of federal, state, and local agency permit application forms, graphics, and compilation of required documents or plans for the permits identified below shall be completed as part of this phase of work. Development of supporting narratives or criteria justification is also anticipated and included in this scope. Permit support such as response to CITY review and Agency comments (not to exceed 15 comments) coordinated shall be prepared by the CONSULTANT. Assumptions:  Upon completion of 30% design, a mitigation site shall have been chosen and documented in a conceptual mitigation report.  Mitigation design shall be limited to one site that incorporates the necessary elements to cover both the wetland and stream mitigation requirements.  Permits for construction such as clear and grade, right-of-way, and NPDES, are not included with this scope of work.  Rights of entry to potential off-site wetland mitigation sites shall be coordinated by the CITY.  A mitigation site has yet to be selected. Additional cultural resources, wetland delineation field work, and survey would be required if an off-site location is chosen outside of the PROJECT area in the 30% design. Funds to cover that extra effort would need to be in a separate authorization from the CITY.  The CITY will handle work related to issuing a SEPA determination prior to submittal of permit applications.  Permit application packages shall be prepared by the CONSULTANT. The CITY will be sign required forms, prepare submittal letters, and be responsible for formal submittal to the agencies.  The CITY will pay any and permit in-take fees. Deliverables/Permit Applications:  Draft and Final – Final Mitigation Report (1 hard copy and 1 electronic PDF copy each)  JARPA with figures for submittal to Corps (1 hard copy and 1 electronic PDF copy each)  JARPA with figures for submittal to WDFW (1 hard copy and 1 electronic PDF copy each)  Local permit application for critical area modifications (1 hard copy and 1 electronic PDF copy each) Exhibit A‐1, Scope of Services  Page 13  Task J - BNSF Coordination 1. Agency Coordination Schedule two additional meetings with BNSF prior to 100% design submittal. 2. Agreement Review and Delivery CONSULTANT shall assist the CITY in its review of the Construction and Maintenance Agreement (BNSF uses a boilerplate agreement). CONSULTANT shall coordinate with BNSF in its review and delivery of the construction and maintenance agreement. The maximum number of hours for this task is 20. 3. Design Review Provide Quality Control of Railroad plan and easement exhibits Assumptions:  BNSF will prepare the Construction and Maintenance Agreement for CITY’s review and execution Deliverables:  BNSF Meeting minutes (1 hard copy and 1 electronic PDF copy each)  Fully executed Construction and Maintenance Agreement and waiver of WUTC petition (1 hard copy and 1 electronic PDF copy each)  Railroad plan and easement exhibits (1 hard copy and 1 electronic PDF copy each) Task M - Utilities Coordination and Design Design of utility improvements shall be provided to support the proposed roadway development. Anticipated utility design services include a CITY fiber optic duct, a new 6-inch PVC reclaimed water pipe along the entire project corridor, upsizing of approximately 1,400 lf of sanitary sewer pipe, and associated adjustments to existing water, sewer, and storm drainage facilities. Coordination shall be provided with the CITY and utility purveyors to support required adjustments to other utilities, including power, natural gas, traffic signal, and communications facilities. Assumptions:  Existing utilities shall remain in their current location and condition as practicable and reasonable to support the proposed roadway improvements. Wholesale replacement of existing utility installations is not anticipated.  Assume two site visits (5 hours each) and corresponding meetings with CITY officials to coordinate utility adjustments.  CITY fiber optic duct design shall include alignment of conduit, pull boxes, and ancillary structures as needed to provide adequate duct for future wire installations. Wire and wire pulling shall be provided by the CITY, and not included in this scope. Exhibit A‐1, Scope of Services  Page 14   Reclaimed water facilities for this project include a single 6” PVC purple pipe, including fittings, valves and fixtures, extending the length of the project corridor. Pipe shall be capped and marked with terminal end markers in the right-of-way.  Sewer line replacement shall be coordinated with replacement of the fish passage culverts. Inverted siphons or other extraordinary measures shall not be required to cross the stream culverts. Deliverables:  Deliverables included in PS&E tasks Task N - Fish Passable Culverts This section of the scope applies to the development of fish passage at Prairie and Porter Creek crossings as well analysis of the additional culverts to support proposed widening and placement of bridge foundation outside of 100-year floodway. Design includes resolution of new WDFW coordination for determination of culvert width based on new WDFW methodology. Assumptions:  Coordinate new design methodology for determining culvert size with WDFW. Update fish passage culvert designs as necessary.  The proposed location of new trail crossing of Prairie Creek shall be at an existing driveway location. The existing prism shall not be changed at this location, therefore replacement of the existing culvert is not required as part of this project.  The proposed location of the new trail crossing of Portage Creek shall be accomplished using a pre-fabricated single span bridge; therefore culvert design at this location shall not be required for the PROJECT.  Hydraulic modeling using HEC-RAS, Version 4.1.0 shall be performed along Prairie Creek from 204th Street to 100 feet upstream of the crossing of 206th Place NE. Model shall be used to determine water surface elevations and flow velocities before and after proposed culvert replacement at 67th Avenue NE crossing, and to determine potential increase in water surface elevations on private property located adjacent to 67th Avenue NE.  Hydraulic modeling using HEC-RAS, Version 4.1.0 shall be performed along reach of Portage Creek from immediately upstream of BNSF railroad crossing to Pond B located on the Stillaguamish Pioneer Valley Museum Property. Model shall be used to determine water surface elevations and flow velocities before and after proposed culvert replacement at 67th Avenue NE crossing, and to determine the 100-year water surface elevation at proposed bike path crossing.  Hydraulic modeling results shall be presented in a brief 4-5 page Hydraulic Modeling Analysis Technical Memorandum to be included in hydraulic report as appendix. Exhibit A‐1, Scope of Services  Page 15   Review survey for completeness and geotechnical information for recommendations. Provide comments on draft and back check final products. Incorporate geotechnical recommendations on foundation and dewatering into project design.  Assume that wingwalls shall not be required for stream simulation culvert.  Hydrology is based upon regression equations to include standard error of estimate to insure culvert is not undersized.  Stream diversion plan for each crossing to be designed by the Contractor as a part of construction bid.  Assume stream channel restoration is not required. Deliverables:  Hydraulic Modeling Analysis Technical Memorandum  HEC-RAS Model of Prairie and Portage Creeks  New culvert design for Prairie and Portage Creeks included in PS&E tasks Task O - Storm Drainage Stormwater facilities shall be upgraded to support the proposed roadway improvements within the project area. Upgrades shall be developed in accordance with State and local guidelines to provide updated conveyance and storm water treatment features as needed to adequately manage project runoff. Infiltration BMPs and Low Impact Development methods shall be evaluated and used where appropriate for treatment. Design activities shall include hydrologic and hydraulic analyses, documentation, permitting support, and production of plans, specifications, and cost estimates. Assumptions:  Stormwater solutions shall be developed to manage project site runoff. Regional solutions to address wide scale basin or watershed issues shall not be addressed as part of this scope.  Much of the existing drainage system on 67th Avenue NE is antiquated and/or does not meet current development standards. Existing stormwater facilities shall be replaced as needed to provide for updated design and treatment configurations. Where reasonable and practicable, existing drainage facilities shall remain in their current locations and condition.  Stormwater design criteria shall be developed from the Washington Department of Ecology Stormwater Management Manual for Western Washington, and CITY standards. Deliverables:  Deliverables included in PS&E tasks Task P - Structures Provide wall design for cast-in-place concrete wall with fascia attachment. Exhibit A‐1, Scope of Services  Page 16  Assumptions:  Wall design and detailing shall be performed for the single selected wall type shown in the 30% submittal only. Wall designs for additional or optional wall types not selected as the preferred alternative shown in the 30% submittal shall be considered extra work.  Retaining wall(s) are anticipated to be non-standard cast-in-place concrete walls requiring specific design and detailing for up to three different wall height variations (±2 ft).  Up to three special details may be required to accommodate existing and planned utility crossings.  Cast-in place fascia attachment details shall be provided for existing concrete retaining wall, provided the City elects to pursue this work.  Existing concrete wall shall have to be checked for stability and structural code compliance in accordance with the applicable design standards since modifications are anticipated to the existing wall that shall increase the dead load and, thereby, the overturning moment of the existing wall, provided the City elects to pursue this work. Deliverables:  Design calculations stamped by a professional civil engineer licensed in the state of Washington. Task R - Signal Design at 211th Place NE CONSULTANT shall design a new traffic signal at the intersection of 67th Avenue NE and 211th Place NE. The signal shall be designed per WSDOT and CITY standards. Assumptions:  The design shall be coordinated with the City Traffic Engineer  One full design 3-way traffic signal  No additional traffic analysis or warrant study shall be required  No traffic counts are necessary and are not included in this scope  The design shall include: o NEMA traffic signal controller o Illumination at the intersection o Video detection o Emergency vehicle pre-emption o ADA audible ped buttons o Countdown ped heads o Unlighted street name signs o Traffic signal radio interconnection Deliverables:  Deliverables included in PS&E tasks Exhibit A‐1, Scope of Services  Page 17  Task S - Plans, Specifications, and Estimate 1. Plans CONSULTANT shall prepare plan sheets using CITY standard sheet layout and drafting standards. Plans shall be prepared using AutoCAD with such provisions and in such detail as to permit layout in the field for construction and other purposes. The plans shall be prepared in Agency's format to the level of competency presently maintained by practicing professionals in the field of transportation engineering in the Puget Sound region. Plans shall include details for the construction of the proposed improvements including details for the new road improvements for 67th Avenue NE and 69th Avenue NE, new signal at the 211th Place NE intersection, retaining walls, paving, concrete curb and gutter, concrete sidewalks, asphalt trail, the installation of a storm drainage system, new utilities, utility adjustments, illumination, channelization, and signing. 2. Specifications The CONSULTANT shall prepare Contract Provisions ("Specifications") for the project based on the WSDOT/APWA Standard Specifications, 2010, and applicable Local Agency Guidelines (LAG) standards. These shall include Special Provisions for the items of work which are not covered by the current WSDOT/APWA Standard Specifications, including any Agency General Requirements, and bid and contract forms. Agency will furnish examples of the contract documents to CONSULTANT. 3. Estimates The CONSULTANT shall prepare an estimate of probable construction costs as follows:  Calculate quantities.  Prepare bid items and quantities for contract proposal.  Prepare estimate of construction costs base upon the approved construction plans, bid item quantities, and current unit bid prices. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT shall have no control over cost or price of labor and materials, unknown or latent conditions of existing equipment or structures that might affect operation or maintenance costs, competitive bidding procedures and market conditions, time or quality of performance by operating personnel or third parties, and other economic and operational factors that might materially affect the ultimate PROJECT cost or schedule. The CONSULTANT, therefore, shall not warranty that the actual PROJECT costs, financial aspects, economic feasibility, or schedules shall not vary from CONSULTANT’S opinions, analyses, projections, or estimates. 4. Construction Schedule The CONSULTANT shall develop a critical path method construction schedule. The Construction Schedule shall show the sequencing and durations of construction activities. Constraints, such as wet weather conditions, utility work coordination, etc., Exhibit A‐1, Scope of Services  Page 18  shall be identified and factored in the schedule. The number of working days for the construction contract shall be based on the overall construction duration shown in the schedule. 5. Submittals Each plan submittal shall include a round table discussion between the CITY and the CONSULTANT. The CONSULTANT shall brief the CITY on the design progress, outstanding issues, elaborate on major items from prior submittal reviews, and answer any questions or concerns posed by the CITY. The CITY members shall have the opportunity to brief the CONSULTANT on their review comments. Completion of the Quality Assurance Checklist and the Review Ledger shall be part of each plan submittal review process. Each submittal shall include drawings, quantities, the specification package and special provisions, and the engineer’s estimate. Previous submittal comments shall be incorporated into the submittal. The CITY shall review the submittal and return the Review Ledger to the CONSULTANT. Assumptions:  CITY review of each submittal will take two weeks  The CITY will provide review comments on the CONSULTANT provided comment Review Ledger  CITY will provide one Review Ledger for each submittal with comments consolidated into one set  Bid documentation is not included Deliverables:  Design Plan Submittal, Special Provisions and Engineer’s Estimate (60%) and response to 30% comments (1 11x17 hard copy and 1 electronic PDF copy each)  Design Plan Submittal, Special Provisions and Engineer’s Estimate (90%) and response to 60% comments (1 11x17 hard copy and 1 electronic PDF copy each)  Final Plan Submittal, Special Provisions and Engineer’s Estimate (100%) and response to 90% Comments (1 11x17 hard copy and 1 electronic PDF copy each)  Final Plans and Special Provisions (1 11x17 hard copy, 1 22x34 hard copy (bond) and 1 electronic PDF copy each)  Backup Calculations for Engineer’s Estimates (1 hard copy and 1 electronic PDF copy each) Exhibit A‐1, Scope of Services  Page 19  Anticipated sheet list: Sheet Number Description 1 Cover sheet with vicinity map and index 2 Legend and Abbreviations 3 Typical Roadway Sections 4 Alignment Plan/Survey Control 5-15 Plan and Profile 16-26 Utility Plans 27-37 Wall Plans 38-40 Wall Profiles 41-42 Wall Details 43-46 Storm Details 47-48 Fish Passage Details 48-52 Wetland Mitigation 53-63 Channelization, Signing and Illumination 64-67 Signal Plans 68-70 Driveway Profiles 71-91 Mitigation Plans 92 Trail Details 91-96 Miscellaneous Details 97 Planting Details Project Estimate Spreadsheet Project Name City of Arlington 67th Ave. Phase III Reconstruction Final Design Fee Estimate by Elements 1 1 1 1 1 1 1 Work Element Title Total HDR MCR Lin Geo EnviroIssues Appraisal Tim Ryan SCOPE OF SERVICES A Project Management Grand Total 1.0 Hours 188.00 188 Amount 23,615.10 23,615.10$ B Quality Assurance/Quality Control Grand Total 2.0 Hours 91.00 91 Amount 14,479.57 14,479.57$ D Basemapping Grand Total 4.0 Hours 471.00 21 450 Amount 47,521.24 2,557.24$ 44,964.00$ E Geotechnical Investigation and Report Grand Total 5.0 Hours 14.00 5 9 Amount 4,744.48 548.48$ 4,196.00$ G Right of Way Grand Total 7.0 Hours 1,335.00 625 400 250 60 Amount 146,158.86 75,185.86$ 39,973.00$ 25,000.00$ 6,000.00$ H Public Involvement Grand Total 8.0 Hours 252.00 6 246 Amount 20,701.64 767.21$ 19,934.43$ I Environmental Permitting Grand Total 9.0 Hours 130.00 130 Amount 14,996.10 14,996.10$ J BNSF Coordination Grand Total 10.0 Hours 60.00 6 54 Amount 5,267.21 767.21$ 4,500.00$ M Utilities Coordination Grand Total 13.0 Hours 184.00 184 Amount 23,671.76 23,671.76$ N Fish Passable Culverts Grand Total 14.0 Hours 172.00 172 Amount 18,558.46 18,558.46$ O Storm Drainage Grand Total 14.0 Hours 288.00 288 Amount 34,314.05 34,314.05$ p Structures Grand Total 14.0 Hours 40.00 40 Amount 6,896.52 6,896.52$ R Signal Design at 211th Place NE Grand Total 14.0 Hours 180.00 180 Amount 16,413.95 16,413.95$ S Plans, Specifications, and Estimate Grand Total 14.0 Hours 1,530.00 1,530 Amount 179,853.80 179,853.80$ Amount 113,000.05 113,000.05$ -$ -$ -$ -$ -$ -$ Grand Total Project Hours 4,935 3,466 54 850 9 246 250 60 Amount 557,193 412,625 4,500 84,937 4,196 19,934 25,000 6,000 Total Labor Costs(included 3% labor escalation-$8,280.)420,362.03 $420,362 $4,500 $84,937 $4,196 $19,934 $25,000 $6,000 Direct Costs 5,700.00 5,700 0 0 0 Total Fee 426,062.03 $426,062 $4,500 $84,937 $4,196 $19,934 $25,000 $6,000 Grand Total 570,629.46 $426,062 $4,500 $84,937 $4,196 $19,934 $25,000 $6,000 Project Estimate Spreadsheet Project Name City of Arlington 67th Ave. Phase III Reconstruction Final Design Firm:HDR OH Rate:164.22% Fee Rate:30.0% Fee Estimate Labor Category (Hours)65.32 43.46 39.88 30.63 46.2 44 58.6 60.5 34.78 65.8 37.35 26.4 34.43 47.3 57.65 51.68 25 34.5 36.28 33.4 26 36.17 Rob Gorman Eric Dawson Todd LivingstonBrian Gardner Cary Stewart Hua Wang Rob Richardson Jeff Hamlin Jonathan Brown Jim Prossick Teresa Weaver Joe Looney Megan Erhart Matt Gray Mike WitterKarissa KawamotoJeff Buchanan Landen Grant Barb Whiton Carlos Wilcox Maureen Finn Liya Huang- Bardley Work Element Title Pr i n c i p a l Pr o j e c t Ma n a g e r Pr o j e c t En g i n e e r De s i g n En g i n e e r Sr . Pr o j e c t En g i n e e r Tr a f f i c En g i n e e r Sr . Pr o j e c t En g i n e e r Sr . Pr o j e c t En g i n e e r Pr o j e c t En g i n e e r RO W Ma n a g e r Sr . R O W A g e n t RO W Te c h n i c i a n En v i r o m e nt a l Sc i e n t i s t Sr . En g i n e e r Sr . En v i r o m e nt a l S c i En v i r o m e nt a l Pl a n n e r CA D D Tr a f f i c En g i n e e r Ed i t o r CA D D Su p p o r t Ad m i n i s t r at o r Se n i o r Ad m i n i s t r at o r To t a l s SCOPE OF SERVICES Task A Project Management 1 Meetings and Project Reporting 4 56 4 12 12 16 2 42 148 2 Schedule 12 4 2 18 3 Sub-Consultant Management 12 2 8 22 0 Total Task A hrs 4 80 0 0 0 0 4 12 12 0 0 0 0 20 0 0 0 0 0 0 6 50 188 amount 261.28 3,476.80 0.00 0.00 0.00 0.00 234.40 726.00 417.36 0.00 0.00 0.00 0.00 946.00 0.00 0.00 0.00 0.00 0.00 0.00 156.00 1,808.50 8,026 Task B Quality Assurance/Quality Control 1 QA/QC 2 28 11 45 5 91 0 Total Task B hrs 2 0 0 0 28 0 11 45 0 0 0 0 0 0 0 0 0 0 0 0 5 0 91 amount 130.64 0.00 0.00 0.00 1,293.60 0.00 644.60 2,722.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 130.00 0.00 4,921 Task D Basemapping 1 Survey 2 2 2 6 3 Right-of-Way 2 2 4 4 Basemap Preparation 2 2 2 4 1 11 0 Total Task D hrs 0 6 0 6 0 0 2 2 4 0 0 0 0 1 0 0 0 0 0 0 0 0 21 amount 0.00 260.76 0.00 183.78 0.00 0.00 117.20 121.00 139.12 0.00 0.00 0.00 0.00 47.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 869 Task E Geotechnical Investigation and Report 1 Field Investigation 0 2 Design Recommendations 4 1 5 0 Total Task E hrs 0 0 0 0 0 0 0 0 4 0 0 0 0 1 0 0 0 0 0 0 0 0 5 amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 139.12 0.00 0.00 0.00 0.00 47.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 186 Task G Right of Way 1 Task Management and Pre-Acquisition Services.96 30 64 2 192 2 Funding Estimate and Administrative Offer Summaries.4 0 6 10 3 Appraisal, Appraisal Review and Appraisal Management 14 5 5 24 4 ROW Acquisitions and Negotiations 15 290 72 377 5 Prepare ROW Certification Package 8 9 5 22 0 Total Task G hrs 0 0 0 0 0 0 0 0 0 137 334 152 0 0 0 0 0 0 0 0 2 0 625 amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,014.60 12,474.90 4,012.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 52.00 0.00 25,554 Task H Public Involvement 1 Comment and Contract Database 0 2 Public Open House 2 2 3 Stakeholder Interviews 2 2 4 City Concil meetings 2 2 5 Web Page 0 6 Publci Outreach and Comment Surmmary 0 0 Total Task H hrs 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 amount 0.00 260.76 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 261 Task I Environmental Permitting Permits 94 36 130 0 Total Task I hrs 0 0 0 0 0 0 0 0 0 0 0 0 94 0 0 36 0 0 0 0 0 0 130 amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,236.42 0.00 0.00 1,860.48 0.00 0.00 0.00 0.00 0.00 0.00 5,097 Task J BNSF Coordination 1 Agency Coordination 2 2 2 Agreement review and delivery 2 2 3 Design Review 2 2 0 Total Task J hrs 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 amount 0.00 260.76 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 261 Task M Utilities Coordination 1 Design Development - Fiber Optic Duct 4 24 28 2 Design Development - Santitary Sewer Upgrade 24 40 64 3 Design Development - Reclaimed Water 24 40 64 4 Site Visits and Meetings 12 16 28 0 Total Task M hrs 0 0 0 0 0 0 0 64 120 0 0 0 0 0 0 0 0 0 0 0 0 0 184 amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,872.00 4,173.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,046 Task N Fish Passable Culverts Site Visit 10 10 20 Existing Conditions Hydraulic Model for Prairie Creek 32 4 36 Proposed Conditions Hydraulic Model for Prairie Creek 16 2 18 Existing Conditins Hydraulic Model for Portage Creek 32 4 36 Proposed Conditions Hydraulic Model for Portage Creek 16 2 18 Hydraulic Analysis Results Techncial Memo 40 4 44 0 Total Task N hrs 0 0 0 0 0 0 0 0 146 0 0 0 0 26 0 0 0 0 0 0 0 0 172 amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,077.88 0.00 0.00 0.00 0.00 1,229.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,308 Task O Storm Drainage 1 Design Development - Conveyance System 24 80 104 2 Design Development - Stormwater Treatment Measures 24 120 144 3 Permitting Support 8 16 24 4 Coordination meetings with City 8 8 16 0 Total Task O hrs 0 0 0 0 0 0 0 64 224 0 0 0 0 0 0 0 0 0 0 0 0 0 288 amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,872.00 7,790.72 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,663 Task P Structures 1 Structural Design 40 40 0 Total Task P hrs 0 0 0 0 0 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 amount 0.00 0.00 0.00 0.00 0.00 0.00 2,344.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,344 Task R Signal Design at 211th Place NE 1 Signal Design 24 96 60 180 0 Total Task Q hrs 0 0 0 0 24 0 0 0 0 0 0 0 0 0 0 0 96 60 0 0 0 0 180 Project Estimate Spreadsheet Project Name City of Arlington 67th Ave. Phase III Reconstruction Final Design Firm:HDR OH Rate:164.22% Fee Rate:30.0% Fee Estimate Labor Category (Hours)65.32 43.46 39.88 30.63 46.2 44 58.6 60.5 34.78 65.8 37.35 26.4 34.43 47.3 57.65 51.68 25 34.5 36.28 33.4 26 36.17 Rob Gorman Eric Dawson Todd LivingstonBrian Gardner Cary Stewart Hua Wang Rob Richardson Jeff Hamlin Jonathan Brown Jim Prossick Teresa Weaver Joe Looney Megan Erhart Matt Gray Mike WitterKarissa KawamotoJeff Buchanan Landen Grant Barb Whiton Carlos Wilcox Maureen Finn Liya Huang- Bardley Work Element Title Pr i n c i p a l Pr o j e c t Ma n a g e r Pr o j e c t En g i n e e r De s i g n En g i n e e r Sr . Pr o j e c t En g i n e e r Tr a f f i c En g i n e e r Sr . Pr o j e c t En g i n e e r Sr . Pr o j e c t En g i n e e r Pr o j e c t En g i n e e r RO W Ma n a g e r Sr . R O W A g e n t RO W Te c h n i c i a n En v i r o m e nt a l Sc i e n t i s t Sr . En g i n e e r Sr . En v i r o m e nt a l S c i En v i r o m e nt a l Pl a n n e r CA D D Tr a f f i c En g i n e e r Ed i t o r CA D D Su p p o r t Ad m i n i s t r at o r Se n i o r Ad m i n i s t r at o r To t a l s SCOPE OF SERVICES amount 0.00 0.00 0.00 0.00 1,108.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,400.00 2,070.00 0.00 0.00 0.00 0.00 5,579 Task S Plans, Specifications, and Estimate 1 Plans 90 280 128 35 200 172 20 112 180 1,217 2 Specifications 36 4 16 22 66 16 8 168 3 Estimate 14 36 4 7 48 11 11 131 4 Construction Schedule 4 4 5 submittals 2 8 10 0 Total Task Q hrs 0 146 0 328 0 0 148 64 314 0 0 0 172 47 112 0 0 0 8 191 0 0 1,530 amount 0.00 6,345.16 0.00 10,046.64 0.00 0.00 8,672.80 3,872.00 10,920.92 0.00 0.00 0.00 5,921.96 2,223.10 6,456.80 0.00 0.00 0.00 290.24 6,379.40 0.00 0.00 61,129 Grand Total Project Hrs 6 244 0 334 52 0 205 251 824 137 334 152 266 95 112 36 96 60 8 191 13 50 3,466 Grand Total Project Amount 391.92 10,604.24 0.00 10,230.42 2,402.40 0.00 12,013.00 15,185.50 28,658.72 9,014.60 12,474.90 4,012.80 9,158.38 4,493.50 6,456.80 1,860.48 2,400.00 2,070.00 290.24 6,379.40 338.00 1,808.50 140,244 6 244 0 334 52 0 205 251 824 137 334 152 266 95 112 36 96 60 8 191 13 50 3,466 391.92 10604.24 0 10230.42 2402.4 0 12013 15185.5 28658.72 9014.6 12474.9 4012.8 9158.38 4493.5 6456.8 1860.48 2400 2070 290.24 6379.4 338 1808.5 140,244 Total labor cost 140,243.80 143,499.86$ months estimate % Total Direct Labor Cost in 2010 3 37.50%140,243.80 3% esclation for year 2011 5 62.50%2,629.57 8 Total direct labor 142,873.37 142,873.371 Overhead Rate 164.22%234,626.65 222,424.783 Total Direct labor and overhead 377,500.02 Fee Rate on Direct labor 30%42,862.01 Total HDR 420,362.03 365,298.154 Direct Expenses: Printing cost 1,500.00 InterCall 200.00 Mileage 0.5 per mile 3,500.00 Other Misc. Expenses 500.00 18,524.200 MCR 4,500.00 10,200.00 383,822.354 HDR Total 430,562.03 4,500 426,062 42,240 Subconsultants:9.91% Lin and Assoc.84,937.00 GeoEngineers 4,196.00 EnviroIssues 19,934.43 Appraisal Group of the NW 25,000.00 Tim Ryan (Appraisal Review)6,000.00 Subconsultant Total 140,067.43 Projec Grand Total 570,629.46 ID Task Name Working Days Start Finish Predecessor 1 Notice to Proceed 0 days Thu 5/28/09 Thu 5/28/09 2 Review of Existing County Information 5 days Thu 5/28/09 Wed 6/3/09 1 3 Preliminary Survey 348 days Mon 5/11/09 Fri 9/24/10 4 Initial Field Survey 5 days Thu 5/28/09 Wed 6/3/09 1 5 Basemap Preparation 10 days Thu 6/4/09 Wed 6/17/09 4 6 Wetland/Stream Survey 10 days Fri 8/7/09 Thu 8/20/09 65 7 Supplemental Survey 5 days Thu 6/3/10 Wed 6/9/10 34FS+10 da 8 Supplemental Survey 2 10 days Mon 5/11/09 Fri 5/22/09 9 Right of Way Survey 14 days Tue 9/7/10 Fri 9/24/10 10 11 Conceptual Layout of 3 Alternatives 69 days Thu 6/18/09 Thu 9/24/09 21 22 Conceptual Layout of 3 "East" Alternatives 160 days Fri 9/25/09 Tue 5/18/10 35 36 Geotechnical Investigation 37 days Wed 7/7/10 Thu 8/26/10 37 Exploration Plan 2 days Wed 7/7/10 Thu 7/8/10 132FS+10 d 38 Exploration Plan Approval 5 days Fri 7/9/10 Thu 7/15/10 37 39 Field Investigation 5 days Fri 7/16/10 Thu 7/22/10 38 40 Wall Type Technical Memo 10 days Fri 7/23/10 Thu 8/5/10 39 41 Draft Geotech Report 12 days Fri 7/30/10 Mon 8/16/10 40FS-5 days 42 City Review Draft Geotech Report 5 days Tue 8/17/10 Mon 8/23/10 41 43 Final Geotech Report 3 days Tue 8/24/10 Thu 8/26/10 42 44 45 Evaulate Right-of-Way Impacts 32 days Thu 8/19/10 Mon 10/4/10 46 Quantify Impact Areas 3 days Thu 9/2/10 Tue 9/7/10 134 47 Property Cost Research 18 days Thu 8/19/10 Tue 9/14/10 134FS-10 da 48 Preliminary ROW Cost Estimate 3 days Wed 9/15/10 Fri 9/17/10 47 49 Draft Appraisal and Acquisition Plan Technical Memo 3 days Mon 9/20/10 Wed 9/22/10 48 50 City Review Appraisal and Acquisition Plan Technical Memo 5 days Thu 9/23/10 Wed 9/29/10 49 51 Final Appraisal and Acquisition Plan Technical Memo 3 days Thu 9/30/10 Mon 10/4/10 50 52 53 Public Involvement 258 days Fri 6/26/09 Tue 7/6/10 60 61 Environmental Investigation and Permit Preparation 452 days Wed 6/17/09 Thu 3/31/11 62 Environmental Kick-off 1 day Thu 6/18/09 Thu 6/18/09 5 63 Wetland/Stream Delineation 280 days Thu 6/18/09 Wed 7/28/10 64 Review Existing Documents 5 days Thu 6/18/09 Wed 6/24/09 5 65 Complete Field Studies 30 days Thu 6/25/09 Thu 8/6/09 64 66 Supplemental Field Studies for Preferred Alternative 25 days Wed 5/19/10 Tue 6/22/10 34 67 Wetland Technical Memo 15 days Wed 6/23/10 Tue 7/13/10 6,17FF+2 da 68 Wetland/Stream Conceptual Mitigation Plan 26 days Wed 6/23/10 Wed 7/28/10 132 69 Corps Jurisdictional Determination 1 day Fri 9/4/09 Fri 9/4/09 65FS+20 da 70 Critical Area Report 55 days Wed 7/14/10 Wed 9/29/10 67 71 Endangered Species Act Compliance 325 days Wed 6/17/09 Wed 9/29/10 72 Biological Assessment 44 days Thu 7/29/10 Wed 9/29/10 68 73 ESA Listings 1 day Wed 6/17/09 Wed 6/17/09 64FF-5 days 74 Phase I ESA 70 days Wed 6/23/10 Wed 9/29/10 132 75 Section 4(f) Technical Memo 18 days Fri 9/3/10 Wed 9/29/10 74FF 76 Environmental Justice Technical Memo 18 days Fri 9/3/10 Wed 9/29/10 74FF 77 Section 106 Compliance 30 days Wed 8/18/10 Wed 9/29/10 74FF 78 NEPA ECS 18 days Wed 9/22/10 Fri 10/15/10 74FF+12 da 79 City Review of WSDOT submittal 10 days Mon 10/18/10 Fri 10/29/10 78,77,76,75, 80 Revise WSDOT submittal 4 days Mon 11/1/10 Thu 11/4/10 79 81 WSDOT Review of NEPA ECS 20 wks Fri 11/5/10 Wed 3/30/11 80 82 NEPA Approval 1 day Thu 3/31/11 Thu 3/31/11 81 83 84 Railroad Coordination 89 days Wed 5/19/10 Tue 9/21/10 85 BNSF Review of 10% Alternatives 15 days Wed 5/19/10 Tue 6/8/10 34 86 Resolve Lebanon Easement Issue 23 days Wed 7/7/10 Fri 8/6/10 133 87 On-Site Review with BNSF and WUTC 1 day Mon 8/9/10 Mon 8/9/10 86 88 Submit WUTC Crossing Petition 1 day Mon 8/9/10 Mon 8/9/10 87FF 89 Crossing Petition Review 6 wks Tue 8/10/10 Tue 9/21/10 88 90 Easement Negotiations with BNSF 6 wks Tue 8/10/10 Tue 9/21/10 88 91 92 Illumination Design 10 days Wed 6/23/10 Tue 7/6/10 132 93 Traffic Analysis 10 days Thu 6/18/09 Wed 7/1/09 5 94 Signal Design 20 days Wed 6/23/10 Tue 7/20/10 132 95 96 Utility Coordination and Design 299 days Thu 5/28/09 Tue 8/3/10 97 Obtain Existing Information 20 days Thu 5/28/09 Wed 6/24/09 1 98 Conceptual Relocation Design 30 days Wed 6/23/10 Tue 8/3/10 99 Conceptual Plans 10 days Wed 6/23/10 Tue 7/6/10 132 100 Utilities Technical Memo 5 days Wed 7/7/10 Tue 7/13/10 99 101 30% Plans 15 days Wed 7/14/10 Tue 8/3/10 100 102 103 Fish Passable Cuverts 251 days Fri 8/21/09 Thu 8/19/10 104 Planning Level 231 days Fri 8/21/09 Thu 7/22/10 105 Analyze Existing Conditions 10 days Fri 8/21/09 Thu 9/3/09 6 8/8 8/22 9/5 9/19 10/3 10/17 10/31 11/14 11/28 12/12 12/26 1/9 1/23 2/6 2/20 3/6 3/20 4/3 4/17 5/1 5/15 5/29 st 1 September 1 October 1 November 1 December 1 January 1 February 1 March 1 April 1 May 1 June 1 Task Critical Task Milestone Summary Rolled Up Task Rolled Up Critical Task Rolled Up Milestone Page 1 Project: Arlington k2 revised Date: Thu 8/26/10 ID Task Name Working Days Start Finish Predecessor 106 Conceptual Alternatives 22 days Wed 6/23/10 Thu 7/22/10 132,105 107 30% Design 20 days Fri 7/23/10 Thu 8/19/10 106 108 109 Storm Drainage 321 days Thu 6/18/09 Fri 9/24/10 110 Planning Level 17 days Thu 6/18/09 Mon 7/13/09 115 Conceptual Design 38 days Wed 6/30/10 Fri 8/20/10 120 30% Design 34 days Mon 8/9/10 Fri 9/24/10 121 30% Plans 18 days Mon 8/9/10 Wed 9/1/10 118FS-5 day 122 Draft Stormwater Management Report 10 days Mon 8/23/10 Fri 9/3/10 121SS+10 d 123 City Review Draft Stormwater Management Report 10 days Tue 9/7/10 Mon 9/20/10 122 124 Final Stormwater Management Report 4 days Tue 9/21/10 Fri 9/24/10 123 125 126 Structures 42 days Wed 6/23/10 Thu 8/19/10 127 East Side Retaining Wall Design 12 days Wed 6/23/10 Thu 7/8/10 132 128 30% Plans 30 days Fri 7/9/10 Thu 8/19/10 127 129 130 30% Design Report 81 days Thu 6/10/10 Fri 10/1/10 131 Design Report 81 days Thu 6/10/10 Fri 10/1/10 132 Revise Design for Alternative 2 9 days Thu 6/10/10 Tue 6/22/10 7 133 30% Plans for Lebanon Crossing 10 days Wed 6/23/10 Tue 7/6/10 132 134 30% Plans 25 days Thu 7/29/10 Wed 9/1/10 101FF,107F 135 30% Cost Estimate 3 days Thu 9/2/10 Tue 9/7/10 134 136 Draft Design Report 5 days Wed 9/8/10 Tue 9/14/10 135 137 City Review of Design Report 10 days Wed 9/15/10 Tue 9/28/10 136 138 WSDOT Review of Design Report 10 days Wed 9/15/10 Tue 9/28/10 136 139 Final Design Report 3 days Wed 9/29/10 Fri 10/1/10 138,137 140 141 Environmental 156 days Mon 11/22/10 Mon 7/4/11 142 Permit Preparation 26 days Mon 11/22/10 Thu 12/30/10 143 COE 25 days Mon 11/22/10 Wed 12/29/10 162 144 Section 401 25 days Tue 11/23/10 Thu 12/30/10 154 145 HPA 25 days Tue 11/23/10 Thu 12/30/10 154,158 146 Local Critical Area Alteration 20 days Mon 11/22/10 Tue 12/21/10 162 147 Agency Revie 26 wks Mon 1/3/11 Mon 7/4/11 143,144,145, 148 Permits Approved 0 days Mon 7/4/11 Mon 7/4/11 147 149 150 60% Contract Plans 79 days Mon 10/4/10 Wed 1/26/11 151 60% Roadway and Trail Layout 15 days Mon 10/4/10 Fri 10/22/10 139 152 Signal Design 20 days Mon 10/25/10 Fri 11/19/10 151 153 Illumination Design 20 days Mon 10/25/10 Fri 11/19/10 151 154 Stormwater 21 days Mon 10/25/10 Mon 11/22/10 155 Conveyance 14 days Mon 10/25/10 Thu 11/11/10 151 156 Treatment 14 days Wed 11/3/10 Mon 11/22/10 155FS-7 day 157 Flow Control 14 days Wed 11/3/10 Mon 11/22/10 155FS-7 day 158 Fish Passable Culverts 20 days Mon 10/25/10 Fri 11/19/10 151 159 Utility Design 20 days Mon 10/25/10 Fri 11/19/10 151 160 Structures 20 days Mon 10/25/10 Fri 11/19/10 151 161 Right of Way Plans 21 days Mon 10/4/10 Mon 11/1/10 139,9 162 Wetland/Stream Mitigation 20 days Mon 10/25/10 Fri 11/19/10 151 163 60% Plans 9 days Tue 11/23/10 Tue 12/7/10 152,153,154, 164 60% Specifications 9 days Tue 11/23/10 Tue 12/7/10 163SS 165 60% Construction Cost Estimate 5 days Wed 12/8/10 Tue 12/14/10 163 166 60% QC/QA 8 days Wed 12/15/10 Mon 12/27/10 163,164,165 167 60% PS&E Submittal 1 day Tue 12/28/10 Tue 12/28/10 166 168 60% WSDOT/City Review 20 days Wed 12/29/10 Wed 1/26/11 167 169 170 90% Submittal 57 days Thu 1/27/11 Fri 4/15/11 171 Address City 60% Comments 10 days Thu 1/27/11 Wed 2/9/11 168 172 Meeting to Discuss Proposed Revisions 1 day Thu 2/10/11 Thu 2/10/11 171 173 90% Plans 20 days Fri 2/11/11 Thu 3/10/11 172 174 90% Specifications and Project Manual 20 days Fri 2/11/11 Thu 3/10/11 172 175 90% Construction Cost Estimate 20 days Fri 2/11/11 Thu 3/10/11 172 176 90% QC/QA 10 days Fri 3/11/11 Thu 3/24/11 173,174,175 177 90% PS&E Submittal 1 day Fri 3/25/11 Fri 3/25/11 176 178 90% WSDOT/City Review 15 days Mon 3/28/11 Fri 4/15/11 177 179 180 Final Submittal 16 days Mon 4/18/11 Mon 5/9/11 181 Address 90% Comments 10 days Mon 4/18/11 Fri 4/29/11 178 182 Final QC/QA 5 days Mon 5/2/11 Fri 5/6/11 181 183 Final Submittal 1 day Mon 5/9/11 Mon 5/9/11 182 184 185 Right of Way 128 days Mon 9/27/10 Tue 3/29/11 186 Complicated appraisal exhibits 5 days Mon 9/27/10 Fri 10/1/10 9 187 Appraisals/AOS 25 days Mon 10/4/10 Fri 11/5/10 186,188FF 188 Landowner Condemnation Public Meeting 1 day Fri 11/5/10 Fri 11/5/10 189 All Offers Made 6 days Mon 11/8/10 Mon 11/15/10 187 190 Settlement/Condemnation/ Paid P&U decision 52 days Tue 11/16/10 Tue 2/1/11 189 191 Possession through court action 6 wks Wed 2/2/11 Tue 3/15/11 190 192 ROW Certification 10 days Wed 3/16/11 Tue 3/29/11 191 8/8 8/22 9/5 9/19 10/3 10/17 10/31 11/14 11/28 12/12 12/26 1/9 1/23 2/6 2/20 3/6 3/20 4/3 4/17 5/1 5/15 5/29 st 1 September 1 October 1 November 1 December 1 January 1 February 1 March 1 April 1 May 1 June 1 Task Critical Task Milestone Summary Rolled Up Task Rolled Up Critical Task Rolled Up Milestone Page 2 Project: Arlington k2 revised Date: Thu 8/26/10 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT E COUNCIL MEETING DATE: September 20, 2010 SUBJECT: 67th Phase III – Local Agency Agreement Supplement #2 DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: • Local Agency Supplement Agreement – Draft EXPENDITURES REQUESTED: $ 763,695 BUDGET CATEGORY: STP Grant (Transportation Improvement Fund) LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: Supplement #2 to a WSDOT standard form for a Local Agency Agreement obligating additional grant funding amount of $ 763,695 for the 67th Phase III project. HISTORY: The City of Arlington has been successful in obtaining $ 1,977,447 in PSRC Surface Transportation Program grants for the 67th Phase III project. Previously, $627,230 of this grant was obligated for preliminary design of the 67th Ave Rehabilitation Project, Phase 3. Supplement #2 will obligate an additional $ 763,695 for completion of the final design. The attached document has been reviewed and approved by WSDOT Local Programs ALTERNATIVES: • Remand to staff for additional information • Table pending additional discussion RECOMMENDED ACTION: Motion to approve Supplement #2 to the Local Agency Agreement with WSDOT obligating additional grant funding for the 67th Phase III Reconstruction Project. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #4 ATTACHMENT F COUNCIL MEETING DATE: September 20, 2010 SUBJECT: IMCO General Contractors – Change Order No. 7 for installation of reclaimed water pressure a pipe and gravity pipe. DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • None EXPENDITURES REQUESTED: $ 385,278.05 BUDGET CATEGORY: WWTP Fund (408) LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: This is Change Order #7 to the IMCO WWTP contract for the installation of reclaimed water pressure a pipe and the installation of a gravity pipe for conveyance both reclaimed water and stormwater. HISTORY: The WWTP project is ready to install a reclaimed water pipe that will be able to divert effluent of reclaimed water quality to the proposed stormwater wetland. This work consists of the below two tasks. This work will be accomplished under Change Order #7, which is currently being drafted with the City Attorney. WORK ITEM COST 1 Install a 12-inch reclaimed water line from effluent pumps to the SW diverter manhole. $62,716.00 2 Install a 36" storm pipe underneath SR-9, complete outlet structure and energy dissipating pool. $292,052.00 Subtotal $354,768.00 Tax (8.6%) $30,510.05 Total $385,278.05 ALTERNATIVES: • Table pending further discussion RECOMMENDED ACTION: Motion to approve Change Order No. 7 to the IMCO WWTP Upgrade and Expansion construction contract, subject to final approval by the City Attorney. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #5 ATTACHMENT G COUNCIL MEETING DATE: September 20, 2010 SUBJECT: To sign Fiber Agreement from Blackrock for Fiber to Station 48. DEPARTMENT OF ORIGIN: CONTACT: Bryan Terry, IT 403-4610 ATTACHMENTS: Blackrock Dark Fiber Optic Lease Agreement. EXPENDITURES REQUESTED: $690.00/month lease charge – 3 year lease BUDGET CATEGORY: To be determined LEGAL REVIEW: City Attorney has reviewed contract DESCRIPTION: Staff is proposing leasing fiber from Blackrock Cable to connect Station 48 to the rest of the City Network. The expenditure includes fiber installation from the closest splice case that is located on the utility poles running down Smokey Point Blvd into the building. This will allow access to the City network, and lays the groundwork to do teleconferencing between stations for training, so that the crews don’t have to leave their respected station. This will also better enhance the users experience when connecting to the City network. Chief Rankin has identified funding in the Fire and EMS budgets to support this. HISTORY: Fire Station 48 was relocated to the current location on Smokey Point Blvd. to support the newly annex Island Crossing. When the Fire Department moved in, there wasn’t an available fiber connection from Blackrock. When we approached Blackrock at that time, the installation charge was going to be $45,000. Since then, Blackrock has installed fiber down the Boulevard to support other businesses, so the installation charges have dropped. We are currently using other solutions to provide connectivity, but they have been unsatisfactory. ALTERNATIVES: 1. Table for additional review 2. Do nothing RECOMMENDED ACTION:. Authorize the Mayor to sign the Dark Fiber Lease Agreement with Blackrock Cable. CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 1 of 7 9/7/2010 DARK FIBER OPTIC LEASE AGREEMENT This Dark Fiber Optic Lease Agreement (“Agreement”) is made and entered into this 1st day of August, 2010, (“Execution Date”) by and between City of Arlington, (“Customer”) and Black Rock Cable, a Nevada Corporation DBA Black Rock Cable, Inc., registered as a foreign corporation in the State of Washington (“Black Rock”). Whereas, Black Rock has the authority under various municipal and county franchise ordinances to construct and maintain various wire line facilities within the rights-of-way of certain counties and municipalities; Whereas, Black Rock is offering for compensation unrestricted bandwidth dark fiber optic connectivity (“Fiber”) to customers; Whereas, the Customer desires to obtain from Black Rock certain Fiber connectivity between locations within Black Rock’s franchise authority. Black Rock is willing to do so under the terms and conditions set forth herein. Accordingly, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. BLACK ROCK RESPONSIBILITIES FOR FIBER FACILITY Black Rock shall arrange for the installation and shall install, own, operate and maintain the facility necessary to provide Fiber to the Customer between the demarcation point at the locations, under specific terms and conditions for each such location, described in Exhibit A attached to and made part of this Agreement. The demarcation point shall be the termination cabinet at each Customer location and shall be the point of separation of responsibility between Black Rock and the Customer. Black Rock shall be responsible for everything including operations and maintenance between the demarcation points and the Customer shall be responsible for everything including operations and maintenance on the Customer side of each demarcation point. During the term of this Agreement, Black Rock will be responsible for securing and maintaining any and all necessary franchises, permits, easements or agreements necessary for the use of public and private property and the use of utility poles for the construction and maintenance of the Fiber facility. Black Rock will deploy a standard single mode fiber optic product and will perform all work using industry standards. 2. FIBER ROUTE AND LOSS BUDGET Black Rock at all times maintains the discretion to choose the route of the fiber optic lines and such route may not be the most direct route between the locations desired by the Customer. Prior to the execution of this Agreement, Black Rock shall notify the Customer of the proposed fiber footage distance between the locations and the maximum loss budget, which shall be included on Exhibit A to this Agreement. Black Rock reserves the right to change the route of the Fiber that is used for the Customer’s connections, provided that the actual optical loss for the re-routed connection is less than the maximum loss budget, which shall be included on Exhibit A to this Agreement. CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 2 of 7 9/7/2010 3. DELIVERY OF FIBER FACILITY When required by Black Rock, the Customer shall promptly facilitate Black Rock’s access to the Customer buildings to construct and maintain the Fibers. Black Rock shall notify the Customer in writing that the Fiber has been placed and is ready for use. The date of such notification (“Start Date”) shall be the first day that the Customer must pay Black Rock a payment under this Agreement for the Fiber. Black Rock shall provide the Fiber to the Customer within the following time frame: By the 30th day after contract signing but in any event no later than the 45th day after contract signing. If Black Rock cannot provide the Fiber to the Customer within the aforementioned time frame, the Customer will have the option to void this Agreement and all terms conditions and payments required herein, provided that the reason for Black Rock’s inability to deliver the Fiber within the time frame was not force majeure, pursuant to this Agreement. 4. TERM The Term of this Agreement (“Term”) shall be for three (3) year(s) from the Start Date of this Agreement. This Agreement shall automatically renew for additional one (1) year terms (“Extension Term”) unless either party gives written notice to the other party at least ninety (90) days prior to the expiration of the existing Term or Extension Term. 5. COMPENSATION Customer will be billed for Fiber service from the Start Date on a monthly basis. If necessary, the first invoice for service commencing on the Start Date shall be prorated. Thereafter, monthly lease payments will be invoiced at the beginning of each monthly period. Such payment will be due in fifteen (15) days from the date of the invoice. Exhibit A shall contain the monthly lease payment amount and amounts for all non- recurring charges. Payments received after the fifteen (15) day period are subject to a 2% penalty on the total including taxes and fees. If payment is not received for any given month within forty-five (45) days of invoice, Fiber connectivity will be subject to suspension for non-payment. 6. FIBER CONNECTIVITY RESTORATION, REPAIR & MAINTENANCE Black Rock must maintain continuity of the Fiber at all times. If the Customer becomes aware that Fiber continuity is lost between locations (“Failure Event”), the Customer shall notify Black Rock immediately. Once Black Rock has been notified, Black Rock will inspect the Fiber and report back to the Customer within four (4) hours after gaining access to each terminated end of the Fiber. Black Rock must reestablish continuity of the Fiber as soon as possible or notify the Customer that problems encountered are not due to lack of Fiber continuity. If Black Rock cannot provide continuity within twenty-four (24) hours after notification by the Customer, then the Customer will be allowed a credit equaling two times the effective outage length. This is the Customers sole remedy for loss of continuity. Black Rock must have the ability to perform emergency and regular maintenance of the Fiber. Such maintenance may require that the Fiber continuity be disrupted for a period CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 3 of 7 9/7/2010 of time. Black Rock shall coordinate with the Customer to schedule regular maintenance at times that are mutually convenient to both parties. Within fourteen (14) days of the Failure Event the Customer shall document in a written notice to Black Rock the date, time and duration of the Failure Event. If during a thirty (30) day period there is one (1) Failure Event not caused by emergency and or regular maintenance of the Fiber the customer shall give written notice to Black Rock within fourteen (14) days of the latest Failure Event documenting the Failure Event. During the term of this Agreement, Black Rock will provide all outside plant maintenance of the Fiber at no additional cost to the Customer. If maintenance is required due to any acts of the Customer or employees or agents of the Customer, the Customer will be responsible for all costs of maintenance related to the specific act. Black Rock will need access to interior areas to access the demarcation points. The customer shall provide 24/7 escorted access as necessary to repair and maintain the Customer Fiber. 7. CREDITS FOR LOSS OF CONTINUITY Credits for loss of continuity will not be issued by Black Rock, if failure to restore connectivity is attributable to any of the following: (a) unavailability during any regular maintenance of the Fiber; (b) unavailability caused by the Customer's applications, equipment, or facilities; (c) unavailability due to acts or omissions of a Customer; (d) unavailability due to electronics associated with the actual transport or conversion of information moving through the Fiber; (e) unavailability due to any other factor other than unavailability due solely and directly as a result of the physical facilities comprising the Fiber; or (f) unavailability due to reasons of Force Majeure. 8. TERMINATION FOR REPEATED LOSS OF CONTINUITY After giving written notice of three (3) Failure Events in a three month period, the Customer shall have the option to terminate this Agreement if the Failure Events are not attributable to any of the following: (a) unavailability during any regular scheduled maintenance of the Fiber; (b) unavailability caused by the Customer's applications, equipment, or facilities; (c) unavailability due to acts or omissions of a Customer; (d) unavailability due to electronics associated with the actual transport or conversion of information moving through the Fiber; (e) unavailability due to any other factor other than unavailability proximately caused by Black Rocks breach of an obligation under this agreement; or (f) unavailability due to reasons of Force Majeure. If the Customer exercises this option to terminate this agreement because of repeated Failure Events then the Customer must within thirty (30) days of latest Failure Event provide written notice to Black Rock of its intent to terminate and Black Rock shall provide the Fiber to the Customer for up to sixty (60) days in order that the Customer may transition to another provider or service, provided that the Customer is otherwise in compliance with this Agreement. If the Customer does not provide written notice of its intent to exercise the option to terminate within thirty (30) days, the Customer shall lose its option to terminate this Agreement only with respect to any previous loss or Failure Events. CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 4 of 7 9/7/2010 9. LIMITATIONS OF LIABILITY Notwithstanding any provision of this Agreement to the contrary, except to the extent caused by its own willful misconduct, neither party shall be liable to the other party for any special, incidental, indirect, punitive or consequential damages including, but not limited to, loss of profits or revenue, cost of capital, or claims of customers, (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), whether foreseeable or not, arising out of, or in connection with either party’s performance or non performance of its respective obligations under this Agreement or any other cause or nature whatsoever and all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. 10. CUSTOMER RESTRICTIONS ON USE OF FIBER Black Rock will provide dark Fibers to the Customer with no bandwidth restrictions. The Customer warrants that it will use the dark Fiber only for legal and authorized purposes. The Fiber optic line will be provided as a discrete and dedicated connection for the Customer. The Customer must use the Fiber for internal purposes only and cannot resell the dark Fiber to any other without the written consent of Black Rock. During the term of this Agreement Customer agrees to inform Black Rock at least 30 days in advance of its plans to use the Fiber for 10 Gbps or greater bandwidth levels. 11. INDEMNIFICATION Subject to the provisions of this Agreement, Black Rock hereby releases and agrees to indemnify, defend, protect and hold harmless Customer, its directors, officers, stockholders, agents, and employees, and its respective successors or permitted assigns from and against: (i) any and all causes of action, demands, claims, suits, losses, judgments or costs (collectively “Damages”) which may be brought by or asserted by any third party against Customer related to Black Rock’s design, construction, maintenance or operation or use of the Fiber, or (ii) each and every breach, or material default by Black Rock of any of its covenants, agreements, duties or obligations hereunder, or (iii) any violation by Black Rock of any regulation, rule, statute or court order of any local, state or federal governmental agency, court or body in connection with Black Rock’s performance of its obligations under this Agreement, or (iv) damages directly attributable to the negligent act or omission or willful misconduct of Black Rock. Subject to the provisions of this Agreement, Customer hereby releases and agrees to indemnify, defend, protect and hold harmless Black Rock, its directors, officers, stockholders, agents, and employees, and its respective successors or permitted assigns from and against: (i) any and all causes of action, demands, claims, suits, losses, judgments or costs (collectively “Damages”) which may be brought by or asserted by any third party against Black Rock related to Customer’s maintenance, operation or use of the Fibers, or (ii) each and every breach, or material default by Customer of any of its covenants, agreements, duties or obligations hereunder, or (iii) any violation by Customer of any regulation, rule, statute or court order of any local, state or federal governmental agency, court or body in connection with Customer’s performance of its obligations under this Agreement, or (iv) damages directly attributable to the negligent act or omission or willful misconduct of Customer. CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 5 of 7 9/7/2010 12. RESOLUTION OF DISPUTES The parties shall attempt to resolve by negotiation and compromise any disputes as to the validity or enforcement of any term or provision of this Agreement. Failing such compromise, such claim or assertion shall be settled by binding arbitration. Venue of any such proceeding shall be in Snohomish Whatcom County, Washington. There shall be one arbitrator agreed upon by the parties, or if the parties cannot agree on that arbitrator within two (2) days of the initial arbitration demand, either party may apply for the appointment of an arbitrator pursuant to the Washington Uniform Arbitration Act, RCW Chapter 7.04A. Any arbitration shall follow the Act’s rules except as agreed upon by the parties. . The arbitrator may award injunctive relief or any other remedy available from a judge, including temporary restraining orders or injunctions or the joinder of parties or consolidation of the arbitration proceedings with any other proceedings involving common issues of law or fact or which may promote judicial economy. Pending appointment of an arbitrator, any party to a claim or assertion may apply to a court of competent jurisdiction for such interim order or relief as may be appropriate, including temporary restraining orders or injunctions, provided that once the arbitrator is appointed, all further interim relief, including temporary restraining orders or injunctions, shall be awarded by the arbitrator whose powers in that regard shall include the power to vary or dissolve any temporary order or relief granted by the court. The arbitrator in such proceedings shall award to the substantially prevailing party reasonable attorney’s fees and costs incurred by the substantially prevailing party in conjunction with such dispute. 13. ASSIGNMENT & TRANSFER The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators and assigns of all of the parties hereto and all of the parties shall be jointly and severally liable hereunder. The Customer may not assign this Agreement without the written consent of Black Rock, which consent shall not be unreasonably withheld. 14. REPRESENTATION & WARRANTY The signatories of this Agreement represent and warrant that they are authorized to execute this Agreement on behalf of the entities which are party to this Agreement, bind their respective entities to this Agreement; that the parties are registered to do business in the State of Washington and that the execution of this Agreement has been approved by the governing boards, members or partners, if any, of the parties to this Agreement. 15. FORCE MAJEURE Neither party shall be in default under this Agreement if, and to the extent that, any failure or delay in such party’s performance of one or more of its obligations hereunder is caused by any of the following conditions, each of which shall constitute a force majeure, and the affected party shall be released from liability and shall suffer no prejudice for the failure of performance of its obligation or obligations, and, if the construction schedule is affected, the Start Date shall be excused and extended for and during the period of any such delay: any circumstance beyond the reasonable control of the affected party, including without limitation, any change of circumstances not reasonably foreseen at the time this Agreement was executed which is beyond the reasonable control of the affected party, and which materially affects the ability of the CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 6 of 7 9/7/2010 affected party to perform its obligations hereunder; any act of God; fire; flood; lack of or delay in transportation; the adoption or amendment of government codes, ordinances, laws, rules, regulations or restrictions that materially impair the affected party’s performance hereunder; war or civil disorder; strikes, lock-outs or other labor disputes; failure of a third party to grant or recognize an obligation to Black Rock (provided Black Rock has made timely and reasonable commercial efforts to obtain the same). 16. ENTIRE AGREEMENT This Agreement constitutes the full and final agreement between the parties hereto and incorporates and supersedes all prior agreements and negotiations. It may not be modified or supplemented in any manner whatsoever, except upon the written agreement of all parties hereto. FOR CUSTOMER ___________________________ Signature ___________________________ Printed Name ___________________________ Title ____________________________ Date FOR BLACK ROCK CABLE, INC. ____________________________ Signature ____________________________ Printed Name ____________________________ Title ____________________________ Date CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 7 of 7 9/7/2010 EXHIBIT A TO DARK FIBER OPTIC LEASE AGREEMENT BETWEEN BLACK ROCK CABLE, INC. AND CUSTOMER LOCATIONS / WORK PROVIDED The Customer has indicated a desire for one (1) strand of single mode fiber optic connectivity between the main building demarcs located at: City of Arlington 238 N Olympic Arlington, WA and Fire Dept 18824 Smokey Pt Blvd Arlington, WA FIBER DISTANCE AND LOSS BUDGET The proposed distance of the Fiber will be 17 km and the maximum loss budget at 1310 nm will be 16 db. INSTALLATION CHARGES The one-time charge to install the Fiber shall be as follows: 238 N Olympic N/C 18824 Smokey Pt Blvd N/C PRICING The monthly price for the lease of the facility and maintenance is $690.00 plus applicable fees, utility taxes and other taxes (currently franchise fee of 5%). Taxes and fees are added on invoices to both monthly and non-recurring charges and are subject to change. Any additional building entry fees charged by the building owner or property management will be the responsibility of the Customer. Further, the Customer will be responsible for providing Black Rock written permission for installation and building access. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #6 ATTACHMENT H COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Resolution adopting the Comprehensive Emergency Management Plan DEPARTMENT OF ORIGIN: FIRE ATTACHMENTS: Resolution adopting the Comprehensive Emergency Management Plan. EXPENDITURES REQUESTED: None BUDGET CATEGORY: DNA LEGAL REVIEW: Completed DESCRIPTION: The Comprehensive Emergency Management Plan (CEMP) is an all hazards plan that provides the structure and mechanisms for policy and operational coordination for emergency management. This plan is consistent with the National Incident Management System (NIMS) and parallels the Snohomish County’s CEMP. HISTORY: The City’s CEMP was last updated in 2003. The revised CEMP was presented to the Council at a workshop on May 24, 2010 and August 9, 2010. The revised CEMP was delivered to the Council via our MyState notification system. The only remaining issue is to insert the final wording regarding the selection of the alternate Mayor Pro-Tem in the event that the Mayor and Mayor Pro-Tem are not available during an emergency event. As soon as the alternate Mayor Pro-Tem selection process is adopted it can be inserted into the CEMP and the CEMP can be forwarded to the Washington Emergency Management Department for approval. ALTERNATIVES: Continue to function under the County’s CEMP as an advisory member of the Department of Emergency Management. RECOMMENDED ACTION: Authorize the Mayor to sign Proposed Resolution adopting the 2010 Comprehensive Emergency Management Plan and authorize staff to submit the CEMP to the State for approval. RESOLUTION NO. 2010-XXX RESOLUTION NO. 2010- A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON _____ ADOPTING A COMPREHENSIVE EMERGENCY MANAGEMENT PLAN WHEREAS the potential exists and may in the future increase for the occurrence of a disaster of unprecedented size and destructiveness; and WHEREAS, the City Council of the City of Arlington did make Emergency Management one of its significant 2010 Goals at the City Council retreat; and WHEREAS, in order to insure that preparations of the City would be adequate to deal with such disasters as may occur and to protect the public peace, health and safety, and to preserve the lives and property of the people of the City of Arlington and infrastructure within the City; NOW, THEREFORE, be it resolved by the City Council of the City of Arlington, as follows: 1. The City of Arlington Comprehensive Emergency Management Plan, a true copy of which is attached hereto, shall be and hereby is adopted, and the Emergency Management Organization created therein using the National Incident Management System is approved by this adoption. 2. The Emergency Management Organization created in the attached Comprehensive Emergency Management Plan shall be headed by the Emergency Management Coordinator, who shall be appointed by and directly responsible to the Mayor of the City of Arlington. 3. The Emergency Management Coordinator shall be directly responsible for the organization, administration, and operation of the Emergency Operations Center in compliance with the City of Arlington Comprehensive Emergency Management Plan and following the National Incident Management System. Passed and approved by the City Council this 20th CITY OF ARLINGTON day of September, 2010. ____________________________________ Margaret Larson, Mayor RESOLUTION NO. 2010-XXX ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #7 ATTACHMNENT I COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Interlocal with Fire District 19 for Equipment Use DEPARTMENT OF ORIGIN: Fire Contact: Jim Rankin, 360-403-3600 ATTACHMENTS: Proposed Interlocal Agreement EXPENDITURES REQUESTED: NONE BUDGET CATEGORY: NONE LEGAL REVIEW: Completed DESCRIPTION: The proposed Equipment Loan Agreement is intended to provide a process for temporarily loaning or borrowing equipment between the City and Fire District 19 in the event that either agency experiences depletion of their resources due to mechanical breakdowns. The proposed agreement sets general framework and mechanism to allow the action to take place. A written request will identify the specific piece of equipment to be borrowed and set forth the expected time line for the loan. HISTORY: Current mutual and/or automatic aid agreements have been used for this purpose in the past but those agreements have not specifically or adequately addressed liability, repair or maintenance issues. The City Council reviewed this item at the September 13, 2010 Council Workshop and recommended placement on the September 20, 2010 Council agenda for action. ALTERNATIVES: Do not authorize the Mayor to sign the Interlocal Agreement. RECOMMENDED ACTION: I move that Council authorize the Mayor to sign the Interlocal Agreement with Fire District 19 for Equipment Use. INTERLOCAL AGREEMENT FOR TEMPORARY USE OF VEHICLES or EQUIPMENT BETWEEN THE CITY OF ARLINGTON and SILVANA FIRE PROTECTION DISTRICT 19 WHEREAS, THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into by and between the City of Arlington (“City”), a municipal corporation and Silvana Fire Protection District 19 (“District”), also a municipal corporation, under the authority of RCW 52.12.031 and Chapter 39/34 RCW (the “Interlocal Cooperation Act”) to assist each other in providing emergency apparatus, tools, and equipment; and WHEREAS, the City and the District occasionally have a need to loan or borrow fire apparatus and equipment; and WHEREAS, each party to this agreement is willing to furnish such a vehicle or equipment for temporary use; NOW, THEREFORE, in consideration of the promises and mutual promises herein contained, IT IS AGREED AS FOLLOWS: 1. Term. This agreement shall commence on ____________________, 20___ and continue in effect until terminated by either party. Either party may terminate this agreement by giving not less than thirty (30) days’ written notice to the other party at the address set forth below. 2. Definitions. a. Owner Agency: the agency who is the legal owner of the vehicle or equipment. b. Receiving Agency: the agency initiating the request. 3. Request for Loan. When it becomes necessary to borrow a vehicle or any equipment, either Fire Chief has the authority to request such a loan and the approval to grant the request. The request should be in written form and shall identify the type of equipment needed and the anticipated time for the need. If it is not practical to make a written request due to an emergency or need, the time is outside of normal office hours a telephone request is acceptable with the written request to be submitted as soon as practical. 4. Duties. a. The receiving agency shall exercise reasonable care in the use, maintenance and upkeep of the vehicle or equipment in their possession. The receiving agency shall ensure that only qualified and, where required, licensed operators trained in the use of the equipment operate said equipment. b. The receiving agency shall be responsible for the regular or routine maintenance of the loaned vehicle or equipment; such as fuel, oil, minor repairs. c. The vehicle or equipment shall be returned in a clean condition and in the same condition as when it was borrowed. d. The receiving agency shall bear all costs of damage to the vehicle or equipment caused by the receiving agency’s personnel during the use of the vehicle or equipment. e. In the event the receiving agency, through its officers, shall determine that a major repair is reasonably necessary the receiving agency shall notify the owning agency of such need. 5. Liability Insurance a. The receiving agency shall have no responsibility to maintain insurance coverage on the vehicle or equipment. b. The agency owning the vehicle or equipment shall maintain and keep in effect at all times public liability insurance or its equivalent for the protection of the public within the limits of liability of not less than one million dollars ($1,000,000) and an aggregate of two million ($2,000,000), combined single limits per occurrence for bodily and personal injury and property damage. 6. Liability and Indemnification a. Each party shall protect, save harmless, indemnify and defend, at its own expense, the other party, their elected and appointed officials, officers, employees, part- time employees and agents from any loss or claim from damages of any nature whatsoever arising out of the negligent or tortious actions or inactions of its own employees, agents, part-time employees or volunteers. Such liability shall be apportioned among the parties or defendants in accordance with the laws of the State of Washington. b. Nothing in this agreement shall be interpreted to waive any defense arising out of RCW Title 51, nor shall anything herein be interpreted as limiting the ability of either participant to exercise any right, remedy or defense with respect to third parties or the person(s) whose action or inaction cause or gave rise to any loss, claim or liability, including but not limited to the assertion that said person wa acting beyond the scope of his/her employment. 7. Entire Agreement. This Interlocal Agreement represents the entire agreement between the parties concerning the matters addressed herein. No other modification of the terms of this agreement shall be effective unless in writing and signed by an authorized representative of each party hereto. CITY OF ARLINGTON SILVANA FIRE PROTECTION DISTRICT #19 ____________________________ _____________________________________ Margaret Larson, Mayor Chair, Board of Commissioners ATTEST: ATTEST: ____________________________ ________________________________ Kristin Banfield, City Clerk District Secretary APPROVED AS TO FORM: ________________________________ Steve Peiffle, City Attorney ADDRESS FOR NOTICE PURPOSES: ADDRESS FOR NOTICE PURPOSES: City of Arlington Silvana Fire Protection District #19 Attn: City Clerk Attn: Fire Chief 238 N. Olympic Ave PO Box 129 Arlington, WA 98223 Silvana, WA 98287 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #8 ATTACHMENT J COUNCIL MEETING DATE: Sept 20, 2010 SUBJECT: Approval for a MOU with Washington State to use the Airport as staging area. DEPARTMENT OF ORIGIN: Airport/Fire ATTACHMENTS: Copy of the MOU EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: Yes, comments have been incorporated DESCRIPTION: Washington State Emergency Management recently did a site assessment of Arlington Airport as a potential staging area if an emergency event occurred. The primary factor the State was looking for was a large useable asphalt area for parking trucks. Our closed runway more than qualified for that type of use. Having large open areas helped as well. HISTORY: The City of Arlington has been diligently working on upgrading its emergency preparedness ability. Having the airport as part of the State emergency planning efforts only strengthens our own position. By being identified means that the State will be studying and planning on how to get material into and out of Arlington, as well as what assets are available. That information can be helpful even in a more localized emergency. The MOU was discussed at the September 13, 2010 council workshop. ALTERNATIVES: Approve staff recommendations with modifications Table Deny RECOMMENDED ACTION: Authorize the Mayor to sign the Memorandum of Understanding between the City and Washington Emergency Management Department to use the City’s airport as a staging area during a major emergency event. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #9 ATTACHMENT K COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Easement Requests from PUD DEPARTMENT OF ORIGIN: Airport Contact: Rob Putnam, 360-403-3470 ATTACHMENTS: Agreement to Purchase Site Map showing the Locations EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: None LEGAL REVIEW: Legal review has been completed DESCRIPTION: The PUD has some upgrade projects planned for 172nd and 51st. The improvements along 51st will be 15’ adjacent to the existing easement, and include installation of two vaults. The PUD will pay the Airport $3,320 for the easement. HISTORY: These improvements are part of the PUD improvements that have already occurred on 188th, 59th Ave and along 172nd. ALTERNATIVES: Approve with modification Table Deny RECOMMENDED ACTION: I move Council authorize the Mayor to grant the requested easement to Snohomish PUD and sign all associated paperwork. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #10 ATTACHMENT L COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Snohomish County Legislative Agenda DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Snohomish County Legislative Agenda EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: The Snohomish County Managers and Administrators group (MAG) has prepared a proposed Legislative Agenda for the upcoming 2011 Legislative session. The concept is to have all cities in Snohomish County demonstrate a united front to our local legislators on key issues. MAG prepared the agenda based on advice from State Representative Mark Ericks and State Senator Mary Margaret Haugen. Both Representative Ericks and Senator Haugen have encouraged the cities in Snohomish County to provide a united agenda for upcoming legislative sessions that focuses just on the key items. HISTORY: The cities of Snohomish County have not been united in the past at the state Legislature. As a result, we have not been able to advance our requests for legislation. The Council reviewed the proposed Legislative Agenda at the September 13, 2010 Council Workshop and requested placement on the September 20 Council agenda for action. ALTERNATIVES: Do not adopt the proposed Snohomish County Legislative Agenda RECOMMENDED MOTION: I move that Council adopt the Snohomish County Legislative Agenda as presented. CITIES OF SNOHOMISH COUNTY 2011-2013 State Legislative Agenda This Legislative Agenda, which reflects input from the Cities of Snohomish County, expresses a collective position on key items that are expected to arise in the form of legislation, budget decisions, or policy decisions in the upcoming Session of the Legislature. • Support the Washington Aerospace Partnership and other stakeholder groups in developing a unified strategy (e.g., training & education, research & development, Office of Aerospace and Defense, unemployment insurance tax, worker’s compensation, transportation infrastructure) to ensure that Washington State remains the leading location in the world for aerospace. Led by The Boeing Company, the aerospace industry within Snohomish County employs as many as 45,000 people, while one out of every three to six Washington State jobs is supported either directly or indirectly by the aerospace industry. Aerospace Industry • Support “tax-increment financing (TIF)”, which is a tool used by most other states to foster economic and community development to allow cities to proactively implement their Comprehensive Plans and to ensure local, regional and national competitiveness. Economic Development • Support additional financial resources for Local Revitalization Financing (LRF) program and Local Infrastructure Finance Tool (LIFT) to allow those cities who currently qualify to participate. • Support legislation such as a transportation revenue package that ensures local distribution and local funding options to provide cities sustainable and adequate funding for vital infrastructure investments that is capable of promoting economic growth and prosperity to the cities of Snohomish County. Local Transportation and Capital Facilities • Fully fund Public Works Trust Fund (PWTF) and Transportation Improvement Board (TIB) programs to provide cities funding for infrastructure and economic development purposes; no additional diversion or ‘sweeping’ of capital accounts such as the Public Works Trust Fund. • Support the creation of a street maintenance utility to provide cities funding in support of street preservation and maintenance within an identified street utility service area. • Support investment in key transportation corridors such as U.S. 2, SR-9, and I-5, which are critical to the quality of life and the movement of people and goods throughout Snohomish County. • Reform of annexation statutes and those dealing with the role of cities, counties and special purpose districts in urban areas to include: require joint planning in unincorporated urban growth areas; removing referendum from annexation process; limiting the authority of boundary review boards; and legislation that allows counties the ability to levy a utility tax, if it is restricted to unincorporated areas and there are accommodations for the needs of cities, in those areas, such as annexation financing assistance. Growth Management Act • Strongly oppose any legislation that: imposes an “unfunded mandate” without additional funding to support these programs; attempts to erode local revenue or tax authority such as local state-shared revenues that are critical to the financial health of cities; and pre-empts local authority over any policy or operational matter traditionally and historically vested with local government. Unfunded Mandates and Preemption of Local Authority CITIES OF SNOHOMISH COUNTY 2011-2013 State Legislative Agenda City of Arlington Kristin Banfield Assistant City Administrator 360-403-3441 City of Brier City of Bothell Town of Darrington City of Edmonds City of Everett City of Gold Bar Brent Kirk, Public Works Supervisor 360-691-6441 City of Index City of Lake Stevens Jan Berg, City Administrator 425-377-3230 City of Lynnwood City of Marysville City of Mill Creek City of Monroe Gene Brazel, City Administrator 360-794-7400 City of Mountlake Terrace John Caulfield, City Manager 425-744-6205 City of Mukilteo Joe Marine, Mayor 425-263-8018 City of Snohomish Larry Bauman, City Manager 360-568-3115 City of Stanwood City of Sultan Town of Woodway City of Arlington Council Agenda Bill AGENDA ITEM: New Business #11 ATTACHMENT M COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Ordinance adopting revisions to Arlington Municipal Code Title 1 DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance adopting revisions to AMC Title 1 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has reviewed the proposed changes DESCRIPTION: Staff is proposing minor changes to AMC Chapter 1.01 to clean up gender references and grammar. Additional language is proposed to be added to AMC Chapter 1.04 regarding penalties for civil infractions. During the course of the AMC Update project, City staff discovered numerous references to “civil infractions” and different classes of these civil infractions. Upon further review of the AMC, we discovered that we did not have a definition for a civil infraction nor did we have definitions for the different classes of civil infractions that are interspersed throughout the code. To correct this deficiency, staff is proposing new language in AMC Chapter 1.04. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past year. The project should be complete and the AMC completely updated in a searchable format by the end of 2010. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: I move that Council approve the Ordinance adopting revisions to Arlington Municipal Code Title 1 as presented. ORDINANCE NO. 2010-XXX 1 ORDINANCE NO. 2010-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 1 RELATING TO GENERAL PROVISIONS OF THE ARLINGTON MUNICIPAL CODE AND ADDING TWO NEW SECTIONS TO TITLE 1 OF THE ARLINGTON MUNICIPAL CODE RELATING TO PENALTIES FOR CIVIL INFRACTIONS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions be made to Title 1, relating to general provisions of the Arlington Municipal Code; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 1.01.040 is amended to read as follows: 1.01.040 Definitions The following words and phrases whenever used in this code shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases: . (a) "City" means the city of Arlington, Washington, or the area within the territorial limits of the city of Arlington, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision; (b) "Council" means the city council of the city of Arlington, Washington. "All its members" or "all councilmen" mean the total number of council members provided by the general laws of the state of Washington; (c) "County" means the county of Snohomish, Washington; (d) "Law" denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Arlington, Washington, and when appropriate, any and all rules and regulations which may be promulgated thereunder; (e) "Oath" includes affirmation; ORDINANCE NO. 2010-XXX 2 (f) "Officer--Office." The use of the title of any officer, employee, or any office, or ordinance, or section of this code means such officer, employee, office, or ordinance of Arlington, or section of this code unless otherwise specifically designated; (g) "Ordinance" means a law of the city, provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution; (h) "Person" means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them; (i) "State" means the state of Washington; (j) "Street" shall include all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state; (k) "May" is permissive; (1) "Must" and "shall" are each mandatory; (m) "Written" includes printed, typewritten, mimeographed or multigraphed. Section 2. A new section 1.04.020 is hereby added to Arlington Municipal Code Chapter 1.04: 1.04.020 Any person violating any provision or failing to comply with any mandatory requirements of this code which is designated an infraction shall be assessed the following monetary penalty unless another penalty is provided: Penalty for violation – Definition of infraction (a) The maximum penalty and the default amount for a Class 1 civil infraction shall be two hundred fifty dollars ($250.00), not including statutory assessments; (b) The maximum penalty and the default amount for a Class 2 civil infraction shall be one hundred twenty five dollars ($125.00), not including statutory assessments; (c) The maximum penalty and the default amount for a Class 3 civil infraction shall be fifty dollars ($50.00), not including statutory assessments; and (d) The maximum penalty and the default amount for a Class 4 civil infraction shall be twenty five dollars ($25.00), not including statutory assessments. Infractions are civil rather than criminal offenses and proof of the commission of an infraction is by a preponderance of the evidence. It is never necessary to demonstrate scienter or mens rea for the finding that an infraction has been committed. ORDINANCE NO. 2010-XXX 3 Section 3. A new section 1.04.030 is hereby added to Arlington Municipal Code Chapter 1.04: 1.04.030 A person is guilty of a separate offense for each day or any portion thereof in which a violation of any provision of this Code is committed, continued or permitted and may be punished accordingly. Continuing Offenses. Section 4. Severability . If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 5. Effective Date . A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2010. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #12 ATTACHMENT N COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Ordinance adopting revisions to Arlington Municipal Code Chapter 2.04 DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance adopting revisions to Arlington Municipal Code Chapter 2.04 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has reviewed the proposed changes DESCRIPTION: Staff is proposing additional updates to AMC Chapter 2.04 regarding the City Council. Staff is proposing adding language to reflect our current use of workshops, clarifying language in the expense reimbursement section, and updating the order of the agenda to reflect current practice. Staff also fixed a number of gender references to make them gender neutral. HISTORY: Title 2 of the AMC was updated last fall. The City has been updating the Arlington Municipal Code over the course of the past year. The project should be complete and the AMC completely updated in a searchable format by the end of 2010. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: I move that Council adopt the Ordinance adopting revisions to Arlington Municipal Code Chapter 2.04 as presented. ORDINANCE NO. 2010-XXX 1 ORDINANCE NO. 2010-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE CHAPTER 2.04 RELATING TO THE CITY COUNCIL WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions be made to Chapter 2.04, relating to the City Council; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 2.04.020 is amended to read as follows: 2.04.020 Meetings--Time and place--When meetings fall on legal holidays The city council shall hold its regular meetings on the first and third Mondays of each month, and its workshops on the second and fourth Mondays of each month; provided, however, that whenever such regular meeting falls upon a Monday declared in RCW 1.16.050 now or in the future as a legal holiday, then the regular meeting of the city council shall be held upon the following Tuesday. All meetings shall begin at seven p.m. Meetings shall be held at the Arlington Police Station/City Hall Annex, 110 E. 3rd St., Arlington, Washington. . Section 2. Arlington Municipal Code Section 2.04.025 is amended to read as follows: 2.04.025 Each city council member will be paid two hundred dollars for each regular meeting of the city council attended by such council member, not to exceed four hundred dollars per calendar month. The mayor will be paid one thousand five hundred dollars for each calendar month during which the mayor performs his or her duties. Compensation. ORDINANCE NO. 2010-XXX 2 Section 3. Arlington Municipal Code Section 2.04.027 is amended to read as follows: 2.04.027 (a) In addition to the compensation provided for by AMC 2.04.025, the mayor and council members will be entitled to reimbursement for reasonable and necessary expenses incurred in attendance at meetings required by virtue of their office. Such reimbursement shall include a per meeting expense as authorized by RCW 35A.12.070 in the amount of fifty dollars per meeting for attendance of city council members or the mayor at the following meetings, excluding regular city council meetings and city council work sessions immediately preceding or immediately after regular city council meetings, but in any event not to exceed eight meetings in any month for a council member and twenty meetings in any month for the mayor: Expense reimbursement. (1) Attendance at official functions of the following organizations to which the city belongs: National League of Cities, Association of Washington Cities, Snohomish County Association of Cities and Towns, and Snohomish County Tomorrow; (2) Attendance at meetings where the council member or mayor is appointed or elected to attend by the mayor, city council, Snohomish County association of cities and towns, the Snohomish county executive, Snohomish county council, the Governor, or State Legislature, if the reason for the appointment was because of the individual's status as an elected official; (3) City council retreats, emergency city council meetings, or city council workshops; provided, that no reimbursement shall occur for these meetings when they occur immediately before or immediately after regularly scheduled council meetings; (4) Any function at which the individual is representing the city at the request of the mayor or by action of the city council; (5) City facility dedications and city-sponsored graduations and award ceremonies; (6) City council subcommittee meetings; and (b) Notwithstanding the provisions of subsection (a), reimbursement will not be authorized by virtue of this section for attendance at political functions. Section 4. Arlington Municipal Code Section 2.04.030 is amended to read as follows: 2.04.030 Procedures Ordinances and resolutions may be offered for consideration by the mayor or by any council member at any meeting of the city council. The presiding officer will recognize any motion made and seconded from the council for the adoption of an ordinance or resolution. No ordinance or resolution will be adopted without the same having first been . ORDINANCE NO. 2010-XXX 3 submitted to the city attorney for his or her approval as to form. It will be unnecessary to read the full text of any such ordinance or resolution and it will be sufficient that the same be read by reading aloud the title only, provided: (1) That copies of the full text thereof will have been previously furnished to each member of the city council present at the meeting where the same may be offered; (2) That copies of the full text of the same are available for examination by any member of the public present at the meeting where the same may be offered; and (3) Upon demand of any council member the full text of the same will be read aloud before adoption. Section 5. Arlington Municipal Code Section 2.04.050 is amended to read as follows: 2.04.050 Transaction of business--Procedure The following rules will govern the proceedings of the city council. A quorum being present, the council will proceed to transact the business before it in the following manner, unless the same be temporarily suspended by unanimous consent: . (1) Call to order; (2) Roll call of members; (3) Public comment, for members of the public to speak to the council regarding matters not on the agenda; (4) Consent agenda and approval of claims; (5) Public hearing; (6) Unfinished business; (7) New business; (8) Discussion items; (9) Information items; (10) Administrator and staff reports; (11) Mayor's report; (12) Council member reports (optional); (13) Executive session (optional). Section 6. Severability . If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 7. Effective Date . A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ORDINANCE NO. 2010-XXX 4 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2010. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #13 ATTACHMENT O COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Interlocal Agreement to jointly fund lobbying activities for the SR 9 Coalition DEPARTMENT OF ORIGIN: Executive Contact: Allen Johnson, 360-403-3441 ATTACHMENTS: - Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9 Coalition. - Memo from Snohomish City Manager Larry Bauman outlining the details of the agreement. EXPENDITURES REQUESTED: Phase I: $437.50 per month Phase II: $875 per month BUDGET CATEGORY: LEGAL REVIEW: City Attorney has reviewed the agreement DESCRIPTION: As previously discussed with the Council, the City Attorney for the city of Snohomish prepared an Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9 Coalition. The parties to the agreement are the cities of Arlington, Lake Stevens, Marysville, and Snohomish. Upon execution of the Interlocal Agreement, the City of Marysville will to enter into a professional services agreement with Strategies 360 for the purpose of obtaining effective lobbying services to help secure funding for the Highway 9 improvements. The Interlocal provides for an equal split of the lobbying costs between the four cities. HISTORY: The SR 9 Coalition was formed in order to secure funding for the necessary improvements to SR 9 and ensure that our best interests are represented in the decision-making processes of the Washington State Legislature and the Washington State Department of Transportation. Council member Byrnes and Public Works Director Jim Kelly serve on the SR 9 Coalition. ALTERNATIVES: Do not authorize the Mayor to sign the Interlocal Agreement. RECOMMENDED ACTION: I move that the Council authorize the Mayor to sign Interlocal Agreement jointly fund lobbying activities for the SR 9 Coalition. /SN/S-10-040 Hwy9/ILA.082710 1 INTERLOCAL AGREEMENT FOR LOBBYING SERVICES THIS INTERLOCAL AGREEMENT FOR LOBBYING SERVICES (“Agreement”) is entered into by and between the City of Arlington, a Washington municipal corporation (“Arlington”), the City of Marysville, a Washington municipal corporation (“Marysville”), the City of Lake Stevens, a Washington municipal corporation (“Lake Stevens”), and the City of Snohomish, a Washington municipal corporation (“Snohomish”) (collectively referred to hereinafter as the “Cities”). WHEREAS, the Interlocal Cooperation Act, RCW Chapter 39.34, provides that public agencies may enter into agreements for joint or cooperative action; and WHEREAS, the Cities believe that certain improvements to Washington State Highway 9 are necessary and in the best interests of their respective communities; and WHEREAS, the Cities desire to secure funding for the necessary improvements to Highway 9 and ensure that the best interests of their respective community is represented in the decision- making processes of the Washington State Legislature with regard to this matter; and WHEREAS, the City of Marysville is willing to enter into a professional services agreement with Strategies 360 for the purpose of obtaining effective lobbying services to help secure funding for the Highway 9 improvements; and WHEREAS, the Cities further desire to enter into this Agreement for the purpose obtaining lobbying services to help in securing funding for the Highway 9 improvements and to reimburse the City of Marysville for the costs of said lobbying services; and NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the Cities as follows: 1. LOBBYING SERVICES Contingent upon approval and execution of this Agreement, the City of Marysville shall enter into a professional services agreement with Strategies 360 for the purpose of obtaining effective lobbying services to help secure funding for the Highway 9 improvements. The scope of these lobbying services is described in attached and incorporated Exhibit A. These lobbying services are divided in Phase I and Phase II. Strategies 360 shall not proceed with Phase II until directed to do so by the City of Marysville with the written concurrence of the Cities participating in this Agreement. Said written concurrence may be provided by the Chief Administrative Officer of each participating City in the form of a letter, memorandum or email without the need for further action by the City Council of the respective City. /SN/S-10-040 Hwy9/ILA.082710 2 2. PAYMENT The City of Marysville shall pay Strategies 360 on a monthly basis in accordance with the professional services agreement for all lobbying services performed on behalf of the Cities. During Phase I, Marysville shall pay Strategies 360 One Thousand Seven Hundred and Fifty Dollars ($1,750.00) per month. During Phase II, Marysville shall pay Strategies 360 Three Thousand Five Hundred Dollars ($3,500.00) per month. Marysville shall also pay Strategies 360 for reasonable expenses incurred in carrying out these lobbying services, including but not limited to travel expenses, mileage, and mailing costs. The total costs to be paid by Marysville to Strategies 360 under said professional services agreement shall not exceed Forty Five Thousand Dollars ($45,000.00). Each participating City shall be responsible for an equal share of the costs, including said expenses, due to the Consultant for each monthly invoice during each phase and shall reimburse the City of Marysville for their respective monthly share of the costs and shall do so within thirty (30) calendar days of receipt of appropriate documentation from the City of Marysville. 3. TERM AND TERMINATION OF AGREEMENT A. This Agreement shall become effective upon execution by the Cities and shall continue in effect unless terminated as provided below. B. Any City may withdraw from and terminate participation under this Agreement upon the giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other Cities. A withdrawing City shall be responsible for its proportionate share of compensation due the City of Marysville under Section 2 for the month when the City’s withdrawal/termination is effective. C. A majority of the participating Cities may terminate this Agreement at any time. Such termination shall be set forth in a document signed by the authorized Chief Executive Officer or designee of a majority of the participating Cities. 4. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties and supersedes 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 all participating Cities. 5. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties’ rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and /SN/S-10-040 Hwy9/ILA.082710 3 void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. /SN/S-10-040 Hwy9/ILA.082710 4 6. NOTICES Unless otherwise directed in writing, notices, reports, invoices, payments and other documents shall be delivered to each City as follows: City of Arlington City of Lake Stevens Attn: Attn: Arlington WA 98223 Lake Stevens WA 98258 City of Marysville City of Snohomish Attn: Attn: Marysville WA 98270 Snohomish WA 98290 Notices mailed by any party shall be deemed effective on the date mailed. Any party may change its address for receipt of reports, notices, invoices, payments and other documents by giving the other parties written notice of not less than seven (7) calendar days prior to the effective date. 7. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 8. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 9. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 10. FILING. As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the respective City Clerk of each participating City and the Snohomish County Auditor, or, alternatively, listed by subject on the website of each participating City and the County. /SN/S-10-040 Hwy9/ILA.082710 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of , 2010. CITY OF ARLINGTON CITY OF LAKE STEVENS ____________________________ ___________________________ Margaret Larson, Mayor Vern Little, Mayor ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: ____________________________ _____________________________ Kristin Banfield, City Clerk Norma Scott, City Clerk APPROVED AS TO FORM APPROVED AS TO FORM ______________________________ ____________________________ Steven Peiffle, City Attorney Grant K. Weed, City Attorney CITY OF MARYSVILLE CITY OF SNOHOMISH ____________________________ ___________________________ Jon Nehring, Mayor Larry Bauman, City Manager ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: ____________________________ _____________________________ Tracy Jeffries, City Clerk Torchie Corey, City Clerk APPROVED AS TO FORM APPROVED AS TO FORM ______________________________ ____________________________ Grant K. Weed, City Attorney Grant K. Weed, City Attorney Date: September 21, 2010 To: City Council From: Larry Bauman, City Manager Subject: Authorization for City Manager to Execute an Interlocal Agreement for Lobbying Services Regarding Funding for State Route 9 Projects The purpose of this agenda item is Council consideration of an interlocal agreement (Attachment A) for lobbying services regarding funding for SR 9 improvements. As the City Council has authorized in the past, members of City Council and staff have been involved in helping to form and support a collection of government, business, education, transit and other agencies in an organization known as the State Route 9 Coalition. The State Route 9 (SR 9) Coalition’s mission is to secure funding for projects identified by the State Transportation Department’s SR 9 Corridor Working Group and the Route Development Plan to improve SR 9 in Snohomish County for capacity and safety as a highway transportation corridor serving the needs of motorists, commerce, transit and non-motorized uses. The Route Development Plan (RDP) developed by WSDOT contains six separate packages of improvements that are currently estimated to cost $367 million. It is assumed that these projects would not be funded entirely in one state budget but would be funded as packages incrementally over a number of years. At this time, however, the vast majority of these project costs are not funded by the state. While WSDOT staff is permitted under state law the role of providing information to legislators regarding project costs and scopes of work, the staff is not permitted to advocate for these improvements in the way lobbyists are used to promote legislative priorities. The Coalition has established a primary goal of supporting these project goals in the RDP through various forms of lobbying. While Councilmembers and staff working within the Coalition have made direct contact with legislators to support these objectives, it is understood that more constant presence and persistent effort is required during the legislative session in order to ensure funding of these projects in future years. Such effort normally requires the services of a professional lobbyist. As a result, Coalition member cities—Arlington, Marysville, Lake Stevens and Snohomish—have discussed the potential for collective support to hire a lobbying firm to represent the Coalition during the legislative session in 2011. As part of the process to explore this option, the Coalition’s Steering Committee interviewed four lobbying firms and is recommending that Strategies 360 be selected for this contract (see proposal, Attachment B). The concept for this service is that the City of Marysville would serve as contract administrator, contracting directly with Strategies 360 and billing the other three cities for equal shares of costs. In order to support this concept, an interlocal agreement is needed to commit the partner cities to their share of costs and provide for means to terminate or modify their involvement as necessary. Funding for new transportation projects is uncertain at this time. Given the projected decline in gas taxes and other sources of transportation revenues, it is assumed that funding for new major projects will require the creation of new revenue sources. The proposed service contract (see draft scope of work, Attachment C) for Strategies 360 would provide for two separate scenarios or phases as well as different costs that would allow the Coalition to pursue its objectives through two different assumptions of potential legislative action regarding revenues: The initial lobbying effort and scope of work would be conducted under the expectation that no new transportation revenue source is identified by the legislature in 2011. Under this assumption, the scope of work would primarily be directed to educating key legislators about the Coalition’s objectives and the specific benefits of the RDP’s packages of future projects. Under this scope of work, the monthly retainer to Strategies 360 would be $1,750, with each city paying an equal share of $437.50. Travel and other approved expenses would also be shared equally. Phase I: The potential would exist—with agreement of all four cities—to increase the level of effort for lobbying services with evidence that the legislature would be likely to develop new transportation project revenues that would potentially provide funding for new SR 9 projects. Under this scope of work, the monthly retainer to Strategies 360 would be $3,500, with each city paying an equal share of $875. Travel and other approved expenses would also be shared equally. Phase II: Under this interlocal agreement, each City would need to decide whether to support the increase in services and costs in Phase II. The City Manager would intend to consult with the City Council prior to authorizing such a change in services and shared costs. While the City of Marysville City Council has not yet approved the service contract with Strategies 360, staff recommends approval of the interlocal agreement with Marysville and the other two cities at this time in order to be prepared to begin the lobbying effort as soon as these agreements are executed by all parties. RECOMMENDATION: That the City Council AUTHORIZE the City Manager to execute an interlocal agreement with the cities of Arlington, Marysville and Lake Stevens to support lobbying services for the State Route 9 Coalition. ATTACHMENTS: A. Interlocal Agreement B. Strategies 360 Proposal C. Draft Scope of Work for Professional Services Agreement City of Arlington Council Agenda Bill AGENDA ITEM: New Business #14 ATTACHMENT P COUNCIL MEETING DATE: September 20, 2010 SUBJECT: Joint Public Hearing with Snohomish County Council - Open Space Designation Application DEPARTMENT OF ORIGIN: Executive / Legal Contact: Kristin Banfield, 360-403-3444 or Steve Peiffle ATTACHMENTS: - Snohomish County Current Use Assessment and Staff Recommendation EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The County has received an application from an Arlington property owner to have their property designated Open Space. According to the state statute, the City and County Councils have to hold a Joint Public Hearing on the matter. We need 3 members from the Arlington City Council and 3 members from the County Council to hold the Public Hearing and make a decision on whether to accept the application or not. The Council must appoint 3 members to represent the City during this Joint Public Hearing. The Council has 2 options for holding the Joint Public Hearing: Option #1: Hold the Public Hearing in conjunction with a County Council session in October or November. This would be held on a Wednesday in the County Council Chambers at 10:30am. Option #2: Hold the Public Hearing in conjunction with one of the City’s Council meetings. This would involve the County Council coming to us and carving a portion of one of our Council meetings to hold the Joint Public Hearing, either in October or November. RECOMMENDED ACTION: The Council is asked to provide direction to the City Clerk on which 3 Council members will represent the City and which meeting option we would prefer.