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HomeMy WebLinkAbout11-05-2012_Council Meeting Arlington City Council November 5, 2012 – 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 PROCLAMATIONS 1. Proclamation for National Hospice and Palliative Care Month ATTACHMENT A 2. Movember Proclamation ATTACHMENT B 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 October 15 and October 22, 2012 Council Meetings, the September 29, 2012 City Council Retreat, and the October 29, 2012 Joint Meeting ATTACHMENT C 2. Accounts Payable PUBLIC HEARING 1. Property Tax & Revenue Sources for the 2013 Budget ATTACHMENT D NEW BUSINESS 1. Appointment of Tiffany McAuslan to the Parks Arts & Recreation Commission ATTACHMENT E 2. Adoption of Cemetery Road Naming Conventions ATTACHMENT F 3. Design Contract with MSA for Phase II of the Prairie Creek Drainage Improvements ATTACHMENT G 4. 67th Ave NE Phase III - KBA Contract Supplement #1 ATTACHMENT H 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. 5. Renewal of contract with Humane Society of Skagit Valley for Animal Shelter services ATTACHMENT I 6. Resolution adopting 2013 City Council Goals ATTACHMENT J DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To review all attachments, click here. CITY OF ARLINGTON, WASHINGTON PROCLAMATION National Hospice and Palliative Care Month – November 2012 WHEREAS, hospice and palliative care provide the highest quality of care to patients and families and bring comfort, love and respect for all those they serve in communities across the nation and here in Arlington, Washington; WHEREAS, hospice care and palliative care providers take the time to ask what’s important to those they are caring for – and listen to what their patients and families say; WHEREAS, hospice and palliative care professionals—including physicians, nurses, social workers, therapists, counselors, health aides, and clergy—providing comprehensive and compassionate care that make the wishes of each patient and family a priority; WHEREAS, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, allowing patients to live fully up until the final moments, surrounded and supported by the faces of loved ones, friends, and committed caregivers; WHEREAS, the provision of quality hospice and palliative care reaffirms our belief in the essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care; WHEREAS, every year more than 1.6 million Americans living with life-limiting illness, and their families, received care from the nation’s hospice programs in communities throughout the United States; WHEREAS, one in four dying Americans is a Veteran in need of end-of-life care and services provided by hospice programs; WHEREAS, hospice programs across the country have made an ongoing commitment through the national We Honor Veterans program to recognize the unique needs of Veterans and their families, and through partnering with other community providers and VA staff, have learned how to accompany them toward a more peaceful ending; WHEREAS, more than 468,000 trained volunteers contribute 22 million hours of service to hospice program annually; WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals; NOW, THEREFORE, be it resolved that I, Barbara Tolbert, Mayor, do hereby proclaim November 2012 as National Hospice and Palliative Care Month In the City of Arlington, Washington and I encourage all citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs. ________________________________________ Mayor Barbara Tolbert CITY OF ARLINGTON, WASHINGTON PROCLAMATION MOVEMBER 2012 WHEREAS, despite advances in medical technology and research, men continue to live an average of almost 6 years less than women, with African American men having the lowest life expectancy; and WHEREAS, 1 in 2 men will be diagnosed with cancer in their lifetime; and WHEREAS, Evidence suggests that about one-third of the 571,950 cancer deaths in the United States expected to occur will be related to obesity, physical inactivity and poor nutrition, and thus could be prevented; and WHEREAS, 1 in 6 men will be diagnosed with prostate cancer in his lifetime; and WHEREAS, in 2012, 242,000 new cases of the disease will be diagnosed and more than 28,000 men will die of prostate cancer; and WHEREAS, testicular cancer is the most common cancer in American males between the ages of 15 and 35; and WHEREAS, in 2012, 8,590 men will be diagnosed with the disease and 360 will die; and WHEREAS, educating the public and health care providers about the importance of healthy lifestyles and early detection of male health problems will result in reducing the rates of mortality from disease; and WHEREAS, men who are educated about the value that prevention health can play in prolonging their lifespans and their roles as productive family members will be more likely to participate in health screenings; and WHEREAS: each November men across the United States and around the world participate in “Movember”-- a campaign to raise funds and awareness for men’s health, specifically prostate and testicular cancers; and WHEREAS: on November 1st, men register at us.movember.com with a clean-shaven face and for the rest of the month, these men, known as Mo Bros, groom, trim and wax their way into the annals of fine moustachery; and WHEREAS: supported by the women in their lives, Mo Sistas, Movember Mo Bros raise funds by seeking out sponsorship for their Mo-growing efforts; and WHEREAS, By effectively becoming walking, talking billboards for men’s health, Mo Bros along with the support of Mo Sistas, have spread positive health messages far and wide, with over 855,000 people participating globally in 2011; and WHEREAS: the funds raised during the campaign are used by Movember and our men’s health partner, Prostate CancerFoundation to run programs; and WHEREAS: together they ensure that Movember funds are supporting a broad range of innovative, world-class programs such as awareness and education, survivorship and research. THEREFORE I, Mayor Barbara Tolbert, do hereby proclaim November 2012 as MOVEMBER in the City of Arlington, Washington and I encourage all males to take the time to participate in prevention screenings for the sake of their individual health and for the well-being of Arlington families. ________________________________________ Mayor Barbara Tolbert DRAFT Page 1 of 3 Council Chambers 110 East Third October 15, 2012 City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Paul Ellis, Police Chief Nelson Beazley with Police Officers Phillips, Keating, Moon, Cond, Rhodes, DeWitt, Bolter and Pennington , Fire Chief Bruce Stedman with Firemen Christou, Pickens, Koontz, and Knepper, Jim Kelly, Eric Scott, Dale Carman, Kris Wallace, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Maxine Jenft, Jan Schuette and Mike Hopson Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Marilyn Oertle moved to approve the Agenda. Chris Raezer seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Swearing in of Officers Mark Wilde and Russ Larsen Police Chief Nelson Beazley introduced the two new members of the police department. The officers introduced their families and City Attorney Steve Peiffle administered the oath of office. The new officers were congratulated by the Council. PUBLIC COMMENT There was no one in the audience who wished to speak to matters not on the Agenda. CONSENT AGENDA Marilyn Oertle moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the October 1, and October 8, 2012 minutes 2. Accounts Payable Electronic Payments and Claims Checks #77764 through #77858 dated October 2, 2012 through October 15, 2012 in the amount of $602,193.46 3. Short-Term Interfund Loans 4. Resolution Supporting Commercial Passenger Air Service at Snohomish County Airport Paine Field PUBLIC HEARING Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT October 15, 2012 Page 2 of 3 There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Airport Building 75B Roofing Project Airport Supervisor Dale Carman gave a brief update of the requested roofing project and reviewed information previously presented. He stated that this request has been approved by the Airport Commission. Debora Nelson moved to accept the bid of OK Roofing for the Building 75B roofing project in the amount of $130,206l89, and to authorize the Mayor to sign a contract with them for a not to exceed price of $136,717.23 to include the hourly cost of removal, disposal and replacement of damaged roofing. Marilyn Oertle seconded the motion that passed with a unanimous vote. Authorization for Mayor to Sign a Memorandum of Understanding with IAFF Local No 3728 Fire Chief Bruce Stedman spoke to the recently negotiated Firefighters contract. The firemen were thanked for their decisions. Steve Baker moved to authorize the Mayor to sign the Memorandum of Understanding with IAFF Local No. 3728. Dick Butner seconded the motion that passed with a unanimous vote. Authorization for Mayor to Sign a Contract with Strategies 360 for State & Federal Lobbying Services City Administrator Allen Johnson spoke to the some of the Contract agreement items. There were no Council questions. A brief discussion followed. Marilyn Oertle moved to authorize the Mayor to sign the contract with Strategies 360 for Lobbying Services for 2013. Steve Baker seconded the motion that passed with a unanimous vote. Ordinance Amending the Arlington Municipal Code Regarding the Small Works Roster Public Works Director Jim Kelly gave the background and advantages of the Small Works Roster. He asked for Council approval. City Attorney Steve Peiffle noted that he had updated and consolidated some portions of the Code. Mr. Kelly then answered Council questions. Randy Tendering moved to approve the proposed Ordinance amending the Arlington Municipal Code regarding the Small Works Roster. Dick Butner seconded the motion that passed with a unanimous vote. Resolution Establishing a Small Public Works Roster Process to Award Public Works Contracts and Consulting Services Roster for Architectural, Engineering and Other Professional Services Mr. Kelly addressed the Resolution. Randy Tendering moved to approve the proposed Resolution establishing a small public works roster process to award public works contracts, and consulting services roster for architectural, engineering and other professional services. Marilyn Oertle seconded the motion that passed with a unanimous vote. Minutes of the City of Arlington City Council Meeting DRAFT October 15, 2012 Page 3 of 3 Authorization for the Mayor to Sign a Contract with MRSC to Provide Small Works and Consultant Roster Services Mr. Kelly addressed the Authorization request. Mr. Peiffle stated that because of the previous approved Resolution, this Resolution would not be necessary. DISCUSSION ITEMS Transportation Benefit Districts With the use of a power point presentation Mr. Kelly gave a follow up on paybacks of forming a Transportation Benefit District. He reviewed Vehicle License Fee vs. State Tax in 2009 through 2012 and Pavement investment expenditure/budget for some Snohomish County cities. Mr. Kelly then answered Council questions. MAYOR AND COUNCIL MEMBER REPORTS – OPTIONAL Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, and Steve Baker gave brief reports, while Ken Klein had nothing to report at this time. EXECUTIVE SESSION City Attorney announced that there would be no need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:52PM. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street October 22, 2012 Dick Butner, Randy Tendering, Deborah Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker, Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Eric Scott, Kris Wallace, Steve Peiffle and Roxanne Guenzler Council Members Absent: All members were present. Also Known to be Present: Sarah Arney, Bob Nelson, Jan Schuette, and Maxine Jenft Mayor Tolbert called the meeting to order at 7:00PM. Marilyn Oertle moved to approve the agenda, Chris Raezer seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS ~ NO ACTION WAS TAKEN Cemetery Road Naming Public Works Director Jim Kelly gave a power point presentation regarding the recommendation from the Cemetery Board proposing naming of the roads within the Cemetery. The road names would make it easier for visitors to find their way around. Many themes were discussed by the board before deciding on trees and flowers for the road names. Mr. Kelly answered council questions throughout the presentation. Prairie Creek Drainage Improvements Jim Kelly spoke to the Prairie Creek Drainage Improvements – providing history and updates on the following: • Design of Phase I Improvements • CERB Grant – 8.7M available funds, application due 10/24/2012 • Design Contract Phase 2 Improvements Mr. Kelly presented interim alternatives to mitigate the flooding in the Jensen Business Park until the improvements can be completed in 2013. Pavement Preservation Mr. Kelly presented three samples of “slurry seal” for the council to view. 67th Ave NE Phase III Project – KBA, Contract Supplement #1 City Engineer Eric Scott and Jim Kelly spoke to supplement #1 amending KBA’s contract to provide construction engineering services for the remainder of 67th Ave Phase III project. KBA’s scope also includes sub-consultants to provide public outreach as well as material testing. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT October 22, 2012 Page 2 of 2 September 2012 Financial Report Finance Director Jim Chase reviewed the city’s outstanding debt via power point presentation. Mr. Chase then explained how the debt capacity is calculated and answered questions. Appointment of Tiffany McAuslan to the Parks Arts & Recreation Commission Assistant City Administrator Kristin Banfield addressed the proposed appointment of Tiffany McAuslan to the Parks Arts & Recreation Commission. Renewal of contract with Humane Society of Skagit Valley Kristin Banfield spoke to the proposed contractual agreement between the City of Arlington and the Humane Society of Skagit Valley to receive all City of Arlington stray animals delivered to them by City of Arlington employees or residents of Arlington. Draft 2013 Goals City Council Goals drafted for 2013 was presented by Kristin Banfield. Kristin explained that some items were merged with other similar type goals. Councilmember Nelson recommended some type of verbiage to be included in the goals supporting farmers in the area. Discussion followed. Public Comment Sarah Arney reiterated to council that farming is another type of business in the Arlington area and should be supported. The meeting was adjourned at 8:43 PM. ____________________________ Barbara Tolbert, Mayor Page 1 of 2 Angel of the Winds Boardroom 3438 Stoluckquamish Lane Arlington, Washington September 29, 2012 City Council Members Present: Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Ken Klein, and Steve Baker Council Members Absent: Chris Raezer City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Bruce Stedman, Jim Kelly, Rob Putnam, Steve Peiffle – City Attorney The meeting was called to order at 9:00am After a brief review of the day’s agenda, the attendees shared their desired outcomes of today’s retreat, including a clear vision and measurable goals for 2013 and beyond and for Council and staff to get on the same page. The attendees reviewed the fiscal realities the City is facing currently or may be facing in the future, including a review of the retail competitiveness study prepared by the McConkey Group. The attendees examined the opportunities and challenges the City will face and discussed potential priorities should revenues increase or decrease in the coming years, including cutting personnel and/or benefits, looking at outsourcing and/or increasing volunteers, and reviewing additional revenue sources. The Council felt they were receiving the information needed for proper financial management and budgeting decisions. The group then discussed the Council Yellow Pages and the desire to receive different information than they are currently receiving. Staff will be looking at streamlining and updating their reports to conform to a specific layout with four specific topics addressed: highlights, lowlights, opportunities, and challenges. Additional information is desired on project status updates and to receive a list of upcoming Council agenda items on a quarterly basis. Staff will also look at whether the Yellow Pages could be sent out same day as Council packets. The attendees then turned their attention to reviewing the City Vision statement and at developing goals for the remainder of 2012 and 2013. The attendees reviewed and discussed the goals from 2011 and what items can and should be focused on in 2012-13. Based on the discussion, staff will compile all of the suggested goals, making sure that the goals are measurable, and group them accordingly. This document will then be brought back to the Mayor and Council for editing. Minutes of the Arlington City Council Retreat Minutes of the City of Arlington City Council Retreat September 29, 2012 Page 2 of 2 The attendees held brief discussions on a number of different topics: - Urban Growth Areas and the Transfer of Development Rights program - Why certain property adjacent to the City had not been annexed (area located west of the Arlington Cemetery) - Utilities service in west Arlington/Smokey Point - The surplusing of non-aviation property owned by the Arlington Airport and if that would help the development of the properties. - Priorities of the public services that we already provide. - Fire regionalization study process. Finance Director Jim Chase distributed the 2013 Budget calendar and the preliminary 2013 budget to the attendees. With no further business to discuss, the meeting was adjourned at 3:10pm.      Page 1 of 3 Recorded by Julie Davis Arlington Public Schools ARLINGTON PUBLIC SCHOOLS BOARD of DIRECTORS, ARLINGTON CITY COUNCIL, and CASCADE VALLEY HOSPITAL BOARD of COMMISSIONERS JOINT MEETING MINUTES Monday, October 29, 2012, 6:30 p.m. Byrnes Performing Arts Center The Arlington Public Schools Board of Directors, the Arlington City Council, and the Cascade Valley Hospital Board of Commissioners, held a joint meeting on October 29, 2012 at the Byrnes Performing Arts Center, 18821 Crown Ridge Blvd, Arlington, WA, to discuss matters of mutual interest. Arlington Public Schools hosted, and School Board President, Jeff Huleatt, called the meeting to order at 6:30 p.m. The Pledge of Allegiance was conducted and Dr. Huleatt welcomed all who were present. Caterer, Therese Hering, was thanked for a fabulous meal. In attendance: Arlington Public Schools Board Members: Kay Duskin, Ursula Ghirardo, Jeff Huleatt, and Bob McClure Superintendent: Kristine McDuffy City of Arlington Council Members: Dick Butner, Steve Baker, Marilyn Oertle, Debora Nelson, Ken Klein, Randy Tendering, and Chris Raezer City Administrator: Allen Johnson Mayor: Barb Tolbert Cascade Valley Hospital Commissioners: John Meno, Steve Peterson, and Tina Davis CVH Administrator: Clark Jones Arlington School Board Member Jim Weiss and Student Advisors Russell Smithson and Olivia Curnett, and Cascade Valley Hospital Commissioners Tim Cavanagh and Margo Powell, were absent and excused. Others in attendance were Arlington School District staff members Sid Logan, Mike Johnson, Eric DeJong, and Julie Davis; City of Arlington staff members Kristin Banfield, Nelson Beazley, Paul Ellis, Steve Peiffle, Jim Kelly, Bruce Stedman, and Jim Chase; and Cascade Valley Hospital staff member Heather Logan. GENERAL UPDATES Arlington Public Schools Kristine McDuffy, Superintendent, shared a Quick Facts sheet about Arlington Public Schools. She noted that current enrollment is 5424 students, which is an increase of 157 students from last June. Arlington Public Schools, City of Arlington, and Cascade Valley Hospital Joint Meeting Minutes (cont.) – October 29, 2012 Page 2 of 3 Recorded by Julie Davis Arlington Public Schools   The District hosted the third Know Your Schools event last Friday, which included lunch and a tour of three schools. The next event will be April 9 in the morning and three different schools will be toured. All are invited. Dr. McDuffy then showed the School District’s new promotional video. Cascade Valley Hospital Clark Jones, Hospital Administrator, noted Cascade Valley Hospital is one of the few remaining independent hospitals in the area. Many have gone through mergers or acquisitions by affiliates. Several factors are causing stressed budgets for hospitals. CVH is considering its options. Cascade Skagit Health Alliance opened about seven months ago. Most of the initial growing pains and operational issues have been worked out. The facility seems to be competing well with Everett Clinic, which also recently opened in the Smokey Point area. The Cascade Valley Hospital and Clinics Foundation is hosting an event to welcome its new physicians to the community. It will be held on November 15 from 5:30-7:00 pm at Magnolia Hall. Invitations were handed out. City of Arlington Allen Johnson, City Administrator, shared that the City is in a difficult budget process and must finalize the budget by the end of the year. They unfortunately had to lay off seven employees this year. The Council met recently to set its goals. Fire Department employees voluntarily agreed to a 6.5% reduction over the next two years. The City has hired a consulting firm to look at the advantages and disadvantages of blending or contracting for fire services. Mr. Johnson mentioned Crime Mapping software, which is now linked on the Police Department’s website and provides citizens with information about crimes in their neighborhoods. He also noted that 92 new businesses have opened in Arlington since first of year, which is a good sign. The old Meridian Yacht facility has been partitioned off and most is becoming leased space. ROAD IMPROVEMENTS Mr. Jim Kelly, Public Works Director, shared details about a number of the City’s road projects, including Airport Road, 67th Avenue NE, the round-abouts on SR9, and plans for 173rd in Smokey Point, which will run along side the new care facility and Weston High School. He outlined the communication plan for keeping the community informed about road closures, delays, and alternate routes. Mr. Kelly detailed the recent improvements to the SR9/Crown Ridge Boulevard intersection, including repaving, widening of the west-bound turn pocket, and the installation of a radio frequency monitor being used to sense traffic and control the signal. EDUCATIONAL/TRAINING INITIATIVES Paul Ellis, City of Arlington Community & Economic Development Director, Mayor Tolbert and Superintendent McDuffy shared about an exciting partnership the City and School District have developed with local businesses, Everett Community College, and AJAC Training to provide local training in the manufacturing fields. Part of the City’s Economic Development plan is retention of the businesses already in the City. Businesses report having a hard time finding qualified employees for the positions they have. Discussions have begun around providing Arlington Public Schools, City of Arlington, and Cascade Valley Hospital Joint Meeting Minutes (cont.) – October 29, 2012 Page 3 of 3 Recorded by Julie Davis Arlington Public Schools   resources in Arlington for advanced training for current manufacturing company employees, apprenticeship opportunities, and expanding training into the high school. A steering committee has been formed. Much more to follow! RECYCLING/COMPOSTING Sid Logan, Arlington Public Schools Executive Director of Operations, and Jim Kelly, City of Arlington Public Works Director, reported that all schools and all buildings in the School District now have mixed recycling. Mr. Logan thanked Mr. Kelly for facilitating conversations with Waste Management and for his assistance in getting that set up. Through a grant the City received, school district kitchens are composting and the process is being started in the cafeterias as well. Stewardship is one of the School District’s primary focus areas. Composting reduces cost of garbage disposal and teaches students about caring for the environment. OTHER Paul Ellis, City of Arlington Community & Economic Development Director, noted that City is working with a developer for the old Food Pavilion building. He also noted that the number of businesses in the City is back up above where it was before the downturn, and that jobs in Arlington broke 10,000 in April. Promising news. Mayor Barb Tolbert shared about “Movember” (November) being Men’s Health Awareness Month. It is recognized by men growing moustaches for the month of November. Mayor Tolbert challenged the Hospital and the School District to a contest to include “Best New Moustache”. More details to follow! President Huleatt thanked the group for their positive energy and great ideas. FUTURE MEETING DATES The following future meeting dates were proposed: • April 29, 2013 - Cascade Valley Hospital Hosts • September 30, 2013 - City of Arlington Hosts • March 31, 2014 - Arlington School District Hosts ADJOURN With no further business to come before the group, the meeting was adjourned at 7:30 p.m. Dr. Jeff Huleatt, President Dr. Kristine McDuffy, Superintendent Arlington Public Schools Board of Directors Arlington Public Schools Ms. Barbara Tolbert, Mayor Mr. Steve Peterson, Board Secretary City of Arlington Cascade Valley Hospital Board of Commissioners City of Arlington Council Agenda Bill Item: PH #1 Attachment D COUNCIL MEETING DATE: November 5, 2012 SUBJECT: Setting the 2013 Property Tax Levy Public Hearing on Revenue Sources ATTACHMENTS: Proposed Resolution for setting property tax levy Information sheet received from the Snohomish County Assessor’s Office DEPARTMENT OF ORIGIN Finance – Contact Jim Chase, 360-403-3422 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Per the Snohomish County Assessor’s Office, the Assessed Value of property within the city limits of Arlington dropped in value by approx. 6%. Based in this information, the proposed General property tax levy rate for 2013 will increase to $ 1.41 (from $1.31) per $ 1,000 of assessed valuation and the EMS levy maximum is $0.50 per $1,000 of AV. The proposed levy includes the tax from new construction, annexations, the amount we are allowed to recoup from refunds and abated taxes due to destroyed property and a 1% increase (the lesser of 1% or Implicit Price Deflator (IPD)). IPD for this calculation is 1.295%. Property taxes are used to provide basic city services. HISTORY: The City Council is required, following public hearing, to set an annual property tax levy by November 30th of each year.. Public hearing is scheduled on November 5 as required by law. The City Council is requested to adopt a resolution setting the levy for 2013 at the November 19 city council meeting. ALTERNATIVES Increase the General property tax levy by 1%, plus tax on new construction, annexations and refunds. Don’t increase the General property tax levy. RECOMMENDED MOTION: No action on this item is requested at this time. RESOLUTION NO. 2012-xxx A RESOLUTION OF THE CITY OF ARLINGTON TO INCREASE THE 2013 PROPERTY TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its budget for the calendar year 2013; and WHEREAS, the City’s actual levy amount from the previous year (2012) was $2,392,478 for regular property taxes and $911,255 for Emergency Medical Services (EMS) property taxes. WHEREAS, the population of the City of Arlington is more than 10,000, and WHEREAS, the City Council of the City of Arlington after hearing and after duly considering all relevant evidence and testimony, determined that the City of Arlington requires a 2013 regular property tax levy in the amount of $ 2,455,518 (includes refunds), and an EMS tax levy in the amount of $866,485 (includes refunds) and includes estimated amounts resulting from the addition of new construction and improvements to property, any increases in the value of state- assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington Section 1. That an increase in the regular property tax levy is hereby authorized for the 2013 levy in the amount of $ 23,925, which is a percentage increase of 1% from the previous year. Section 2. That a decrease in the EMS property tax levy is hereby calculated for the 2013 levy in the amount of $44,770, which is a result of a reduction in Assessed Value from the previous year and a maximum levy rate of 50 cents per $1,000 of Assessed Value. Section 3. These increases are exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increases in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made, also known as “add-ons”. Section 4. If any provision, section, or part of this resolution shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 19th day of November, 2012. _____________________________ ATTEST: Barbara Tolbert, Mayor ___________________________ City Clerk APPROVED AS TO FORM: ___________________________ City Attorney City of Arlington Council Agenda Bill Item: NB #1 Attachment E COUNCIL MEETING DATE: November 5, 2012 SUBJECT: Appointment of Tiffany McAuslan to the Parks Arts & Recreation Commission ATTACHMENTS: Application from Tiffany McAuslan DEPARTMENT OF ORIGIN Executive – Contact Kristin Banfield, 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: With the resignation of Frank Barden, the Parks, Arts, and Recreation Commission has one vacancy. Council is requested to appoint Tiffany McAuslan to this vacancy. HISTORY: A panel comprised of PARC Commission Chair Carsten Mullin, PARC Commissioner Bob Leonard, and Executive Assistant & Recreation Manager Sarah Lopez interviewed the only candidate for the vacancy on October 17, 2012. Councilmember Oertle was unable to attend the interview. The panel recommended the appointment of Ms. McAuslan. ALTERNATIVES Do not appoint. RECOMMENDED MOTION: I move to approve the appointment of Tiffany McAuslan to the Parks, Arts, and Recreation Commission. City of Arlington Council Agenda Bill Item: NB #2 Attachment F COUNCIL MEETING DATE: November 5, 2012 SUBJECT: Proposed Road Names for Arlington Cemetery ATTACHMENTS: Map showing Roads and Road Names within Arlington Cemetery DEPARTMENT OF ORIGIN Arlington Municipal Cemetery EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The Cemetery Board is proposing to add names to the roads within the Cemetery in order to make it easier for visitors to find their way around the cemetery. HISTORY: Roads within the Cemetery are currently unnamed. The Cemetery Board has recommended that the Cemetery roads be named in order to make it easier to provide directions within the cemetery and also for visitors to find their way through the cemetery. The Board held several discussions on various road naming alternatives and agreed that all roads be named after trees. The Board had several additional meetings and agreed to the road naming assignment shown on the attached map. Road sign plaque and pole style will be discussed and recommended at a later date. It is planned to have the new road names installed in 2013. ALTERNATIVES - Do not add street signs or name the roads at this time - Table for further discussion RECOMMENDED MOTION: I move to approve the recommendations proposed by the Arlington Municipal Cemetery Board regarding the naming of roads at the Arlington Cemetery. D C M L J HI F Robb KE G AB N Cemetery Rd 67th Ave NE Peony St. Fern St Alder Ave Emerald Ave Lavender St. Azalea St Dahlia St. Foxglove St. Cedar Ave Office Cherry Ave Propsed Future Plat Hard wood Circle RobbWest GardenGlen Children'sGarden North UrnGarden NorthNiche Walk ForestGrove ForestPlace East UrnGarden West UrnGarden Veteran's Rest& Monuments Veteran'sRest Cemetery Naming lb / akc City of Arlington 1 inch = 200 feet GIS parcel and stream data provided by Snohomish C ounty Department of Information Services, 2009Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitability for a particular purpose oruse. Map data are compiled from a variety of sources which m ay contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend,and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the datapresented in the maps.0 130 26065 Feet ± Scale: Date: Cartographer: File: 10/31/2012 CemMP_name_8.5x11Landscape12 Legend Ce me tery Prop erty Propo se d Fu ture Pla ts Proposed Roads Co ncrete Gra vel? Pave d? Propo se d Se ctions Propo se d Pa th Existing R oads Gra vel Pave d Existin g Se ction s Streets DRAFT City of Arlington Council Agenda Bill Item: NB #3 Attachment G COUNCIL MEETING DATE: November 5, 2012 SUBJECT: Proposal from consultant Murray, Smith and Associates (MSA) for Phase 2 design of the Prairie Creek Drainage Improvements ATTACHMENTS: Proposal for Prairie Creek Drainage Improvements Design – Phase 2 DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: $232,174 (not to exceed) BUDGET CATEGORY: Storm CIP – other funding pending LEGAL REVIEW: DESCRIPTION: This is a proposal from MSA to perform Phase 2 of the Prairie Creek Drainage Improvements design work, obtaining permits and preparation of construction documents. HISTORY: Increased stream flow in Prairie Creek has caused flooding impacts to businesses along 204th Street and in the Jensen Business Park; this flooding is due to undersized culverts at 71st Ave, 74th Ave, 204th Ave, BNSF, and 69th Ave. The City contracted with MSA for performance Phase 1 of the design work which includes stream survey, hydraulic study, and geotechnical investigation and to propose a solution for this flooding issue…..the solution being to upgrade the existing culverts to a fish passable culvert. Phase 1 is complete and we are now ready to enter into Phase 2 of this design project to have MSA prepare plans, specifications and an engineer’s estimate (PS&E), along with obtaining necessary state and federal permits for installation of fish passable culverts. ALTERNATIVES - Remand to staff for further discussion RECOMMENDED MOTION: “I move to accept the MSA proposal for Phase 2 of the Prairie Creek Drainage Improvements and authorize the mayor to sign the contract, pending final approval by the City Attorney.” City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 1 Scope of Work & Fee Estimate Amendment No. 1 Phase 2 - Final Design Engineering Services for Prairie Creek Drainage Improvements for City of Arlington, Washington Background This Amendment No. 1 to the Prairie Creek Drainage Improvements project describes the additional engineering services to be provided by Murray, Smith & Associates, Inc. (MSA) for the City of Arlington (City). Project Description The following is s brief summary of the proposed drainage improvements for Prairie Creek as identified in the preliminary design memorandum. These improvements encompass culvert replacements to reduce the risk of flooding events to key City businesses adjacent to Prairie Creek, largely in part to undersized culverts. Purpose The purpose of this amendment is to amend the previous agreement to expand the scope of services from Preliminary Design to include Final Design and Permitting of the Prairie Creek Drainage Improvement project. This step follows the preliminary design phase in the multi- phased process required to implement the proposed improvements from the comprehensive planning process to project construction. Phasing the engineering work into two major distinct elements was recommended due to the number of unknowns that were better defined during the initial preliminary design tasks. The remaining phase of this work is described below: Phase 2 – Final Design and Permitting is the second phase of work that includes all permit and environmental reviews and final design engineering tasks to produce construction drawings. Phase 2 will commence following the City’s concurrence on the recommended approach to implementing the Prairie Creek Drainage Improvements. The scope and estimated engineering fee are based on the preliminary design recommendations. EXHIBIT A-1 City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 2 Phase 2 Scope of Work Amend the Scope of Work, Exhibit A, by establishing the following new tasks associated with the Final Design phase (Phase 2) of the project: • Phase 2 – Final Design and Permitting o Task 1 – Additional Project Management and Coordination o Task 2 – Final Design o Task 3 – Permits and Environmental Reviews o Task 4 – Bidding and Award o Task 5 – Construction Phase Services These tasks are in addition to the tasks established under the Phase 1 Scope of Work. Task 1 – Additional Project Management and Coordination This task provides for management of the project from the end of the preliminary design phase through the completion of the final design for the project. The duration of the Final Design Phase is anticipated not to exceed seven (7) months. The detailed subtasks are as follows: 1.1 Correspondence and Coordination with City -- Protocol for the coordination of all communication with the City’s primary contact will be established. Specific elements for communication include: A. Follow-up all decision-making and phone conversations with an immediate recap via email. B. Submit minutes of all meetings within one week. C. Copy all key team members on correspondence, emails, meeting minutes, etc. D. This subtask includes a kick-off meeting with the City, key design team members, and project stake holders. 1.2 Staff and Subconsultant Management -- MSA’s Project Manager will manage project staff and subconsultants to ensure compliance with project schedule and budget as well as scheduled deliverables. This management effort will involve: A. Prepare and submit monthly activity reports showing current project status and identifying key issues or elements of the project that will need to be addressed in the proceeding weeks. B. Preparation and submission of monthly billing statements that clearly document the names, rates and tasks for each team member who provided services for that period. City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 3 Task 1 Deliverables A. Meeting Minutes B. Monthly invoices Task 2 – Final Design This task will advance the project through the final design stage creating documents suitable for bidding. With City and other agency input on preliminary designs, the final designs and construction contract documents will be completed. Final designs will incorporate the requirements of various permits and agency plan reviews. Plans will be presented at the 50%, 95%, and the final draft level for City and other agency review, comment and approval. The scope of work and fee estimate are based on the following assumptions: A. Design will be under one contract for all improvements to resolve the four identified problem areas. B. Projects will be constructed under one contract. C. Precast box or arch culverts with open bottoms will be used at all the crossings. D. Trenchless technologies will be required for BNSF crossing, and adequate capacity will be provided with one culvert (i.e. parallel culverts will not be required). E. All other crossings can be accomplished with open cut construction, with construction limited to the extents of the existing road prism. F. Preparation of stormwater site plans which will include temporary and permanent stormwater BMPs per DOE requirements. G. Stream restoration and on-site mitigation plans including plant schedules and plant quantities. This scope of work does not include any off-site mitigation. H. In stream structures (e.g. log weirs) as required to maintain grades and meet fish passage criteria. I. Design will use the Standard Specifications for Road, Bridge and Municipal Construction 2012 edition prepared by the Washington State Department of Transportation (WSDOT) as modified or supplemented by the Amendments, and City Construction Standards and Specifications. J. Structural design of culvert foundations and wing wall extensions. Special foundations, such as pile foundations are not considered at this point. K. Pavement section requirements will be based on City Standards (i.e. pavement design is not included in this scope of work). Anticipated subtasks include the following: 2.2 Final Design Plans and Specifications (50%) A. The preliminary design drawings will be revised and further developed to incorporate comments from the Preliminary Design Memorandum review. Technical specifications will be developed to support the preliminary design. Develop plans and specifications that are approximately 50% complete. City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 4 B. Three copies of the 50% complete plans and specifications will be prepared and submitted to the City for review and comment. Submittal will include an updated cost estimate. C. Meet with City to review 50% submittal and discuss review comments. Record meeting minutes to document items discussed. 2.3 Final Design Plans and Specifications (95%) A. The 60% complete plan and specifications will be revised and further developed to incorporate comments from the previous review. Plans and specifications will be developed to near complete, 95%. B. Three copies of the 95% complete plans and specifications will be prepared and submitted to the City for review and comment. Submittal will include an updated cost estimate. C. Meet with City to review 95% submittal and discuss review comments. Record meeting minutes to document items discussed. 2.4 Final Plans and Specifications -- Prepare final plans and specifications incorporating prior City review comments. Preparation of the final documents will include: A. Submission of the deliverables including: 1. Three full size (22”x34”) stamped hard copy plans sets, 2. An electronic copy of the final construction drawings on CD, 3. Three hard copies and one electronic copy of the technical specifications in Microsoft Word format. B. Quality assurance and quality control (QA/QC) program. A QA/QC program shall be implemented throughout the design process and will be accelerated during the final design stage. This accelerated program will include: 1. In-house reviews and final document inspection, 2. Cross-checking of documents to provide seamless coordination between plans and specifications. C. Preparation of a bid tabulation that will include an updated engineer’s estimate of quantities, unit prices and total construction cost. Task 2 Deliverables Task 2 deliverables are listed in the design phases described above. City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 5 Task 3 – Permits and Environmental Reviews This task will include preparing applications for the necessary permits and environmental reviews from the agencies as noted below. MSA will coordinate with the City’s natural resources manager in the preparing all these materials. The City will submit all materials to the appropriate agencies and monitor and respond to agency inquiries. MSA will support the City in providing follow-up information and data as needed by the natural resources manager. For the purpose of developing the fee estimate, it is assumed that all agency application and permit fees will be paid by the City. 3.1 BNSF Railroad Crossing Permit -- MSA will perform the following work in assisting the City in obtaining permits from BNSF: A. Informal Preliminary Consultation -- Review preliminary concepts with BNSF permitting staff/consultant, noting all interests and input. B. Application Preparation and Submittal -- Complete required permit applications and submit for BNSF approval. It is anticipated that only a Pipeline Crossing Permit for the culvert is required for this project. The application will need to be accompanied by the plans and geotechnical report. It is assumed that the application fee will be remitted directly by the City. This scope of work assumes that the geotechnical investigation for the 69th Avenue and BNSF crossings can be done outside the BNSF right-of-way and therefore a Temporary Occupancy Permit is not required. C. Conditions Review -- Review BNSF permit conditions relative to final design requirements and other special provisions to be included in construction contract documents. 3.2 Environmental Permitting -- A summary of the environmental review, documentation and permitting that is anticipated for this project is included below. These services will be provided through MSA’s subconsultant, Environmental Science Associates (ESA). Table 5.1 Anticipated Environmental Permits Lead Agency Permits/ Approvals/ Reviews Application/ Documentation Anticipated for (Y/N) Comment Rail- road 204 th 71 st 74 th Corps of Engineers Section 404/401/10 JARPA (60%) Y Y Y Y To be complete following acceptance of 50% Design 404(b)(1) Alternatives Analysis n/a N N N N Not anticipated. Assumes nationwide permit will be authorized. City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 6 NEPA n/a N N N N Not anticipated. Assumes nationwide permit will be authorized. Endangered Species Act Section 7 Review Biological Evaluation Y Y Y Y Submitted with 50% JARPA. Assumes informal consultation. Section 106 Review APE Letter and Cultural Resources Report Y Y Y Y Submitted with 50% JARPA. WDFW HPA JARPA (50%) Y Y Y Y Assumes minor revisions to 50% JARPA. USFWS/ NMFS Section 7 Consultation/ MS Act Consultation Final BE Y Y Y Y Assumes informal consultation. WA Dept of Ecology Section 401 Water Quality Certification JARPA (50%) Y N N N Assumes an individual water quality certification will not be required City of Arlington SEPA Environmental Checklist Y Y Y Y Must be completed prior to JARPA submittals. City of Arlington 18 Critical Areas Review Critical Areas Study Y Y Y Y Critical Areas Study must be completed prior to JARPA submittals. Land Use Permit Application Land Use Permit Application Y Y Y Y Shoreline Master Program Shoreline Management Permit Application and Checklist N N N N A. State Environmental Policy Act Environmental Checklist and Land Use Permit Application – The SEPA Environmental Checklist is a form that includes information used by the City to support the issuance of a SEPA Determination. A SEPA Determination is required prior to issuance of many local and state permits. This task includes preparation of a draft Environmental Checklist by the Consultant that will be submitted by the City to be finalized and issued in support of the City’s SEPA Determination Notice. For the purposes of determining level of effort for this task, the Consultant assumes the project can be designed to meet the requirements of SEPA Determination of Non Significance. The Consultant will prepare one SEPA Environmental Checklist for all culvert replacement construction projects following City acceptance of the 50% design submittal. If City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 7 the City elects to further separate the culvert construction projects and prepare separate checklists, additional work will be required. B. Corps of Engineers Section 404/401/10 – The JARPA form is a joint application form that is used to apply for several environmental permits and approvals. This task includes preparation of a draft JARPA by the Consultant that will be finalized and submitted by the City to the Corps of Engineers and Department of Ecology to meet the requirements for a Pre-Construction Notification under the Corps General (Nationwide) Permit program. For the purposes of determining level of effort for this task, the Consultant assumes the project can be designed to meet the requirements of a Nationwide Permit 3 or 14. The Consultant will prepare the JARPA for the Section 404/401/10 permit following City acceptance of the 50% design submittal based on project information available at this time. The level of effort for this task assumes that the City will issue a SEPA determination prior to submittal of the JARPA for the Section 404/401/10 permit. Work to support an individual Section 404/401/10 permit is not included in this task. The Consultant will prepare one JARPA for submittal to the Corps for all culvert construction projects C. Biological Evaluation – Prepare a Biological Evaluation (BE), also termed Biological Assessment (BA) for the project based on the completed 50% design of the culverts. The BE will be prepared to support consultation efforts under Section 7 of the Endangered Species Act of 1973 (ESA) among the federal lead agency and services. This task includes one on-site visit to document existing conditions. The BE will be submitted to the Federal Lead Agency and will include a narrative of the project based on the 50% design and project description from the SEPA environmental checklist. Based on the information available to the Consultant prior to the development of this Scope of Work, it is assumed that the project can be designed and constructed in such a manner that the project will qualify for a May Affect, Not Likely to Adversely Affect determination. The Consultant also assumed that the project can be designed to meet current water quality standards and National Marine Fisheries Service guidelines in terms of water quality treatment and load limits for nutrients, metals, and organics and intake screening requirements. Work to support formal consultation with the Services is not included in this task. If the City elects to design and construct a culvert in a manner that triggers the formal consultation or triggers inclusion of the other culverts as part of the BA, additional work will be required. D. Section 106 APE /Cultural Resources Memorandum – Conduct a preliminary review and prepare an Area of Potential Effect (APE) letter for the proposed project to support review of the project by the Corps of Engineers. The proposed culvert replacements and associated dredging are anticipated to occur entirely within previously disturbed areas.. The Cultural Resource Memorandum will include a review and brief summary of data from publically available databases and documented sources. The Cultural Resources Memorandum will not be submitted with the JARPA. It will be used to identify the extents of the APE and support completion of the SEPA document and other permit submittals. No site City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 8 specific field investigation is anticipated to be needed relative to cultural resources. If the results of the review indicate that the project could have and an impact on cultural resources, or if the Corps of Engineers or other permitting agency request a physical survey, additional work will be required. E. Hydraulic Project Approval (HPA) –This task includes the preparation of a 50% design-level JARPA for all culvert replacements. We assume the submittal will reflect 50% level design of the formal PSE package. The Consultant will prepare a draft revised JARPA to be finalized and submitted by the City to the Department of Fish and Wildlife. For the purposes of determining level of effort for this task, the Consultant assumes each of the culverts can be designed to meet the WDFW requirements for in-water construction projects and fish passage required by the State Hydraulic Code and associated WDFW culvert design guidelines. The Consultant will prepare the JARPA for the HPA following City acceptance of the 50% design submittal based on project information available at this time. The level of effort for this task assumes that the City will have issued a SEPA determination prior to submittal of the JARPA for HPA permit. F. Critical Areas Study – The Consultant will conduct a field review of each culvert site, delineate wetlands, and the ordinary high water mark of Prairie Creek as required by City of Arlington Critical Areas Code. This work will also be completed in a manner consistent with Corps of Engineers and Washington Department of Ecology wetland determination guidance. The Consultant will prepare a Critical Areas Study for the project that will be submitted in support of the SEPA Checklist and local Critical Areas review. The Critical Areas Study will be submitted with the Corps JARPA following completion of the SEPA process. The Critical Areas Study will include a conceptual mitigation/restoration plan, if warranted. The Critical Areas Study will include a conceptual mitigation/restoration plan, if warranted. The mitigation/restoration plan will be based on the 30%-level PSE. Task 3 Deliverables A. Draft and Final BNSF Pipeline Crossing Permit. B. Preliminary Draft and Final Draft SEPA Environmental Checklist. C. Preliminary Draft and Final Draft 50% Corps of Engineers JARPA. D. Draft and Final Biological Evaluation. E. Draft and Final APE. F. Draft and Final Cultural Resource Technical Memorandum. G. Preliminary Draft and Final Draft 50% WDFW JARPA. H. Preliminary Draft and Final Critical Areas Study. Task 4 - Bidding and Award Under this task, assistance will be provided to the City during the project bidding and award process. MSA will provide typical services as outlined below: City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 9 4.1 Advertisement -- Prepare a draft advertisement for the City to review and submit for publication in the appropriate media. City will coordinate placement and payment of all advertisement costs. 4.2 Bidder Inquiries -- With direction from City, respond to questions from bidders, subcontractors, equipment suppliers and other vendors regarding the project and plans and specifications. Maintain a written record of communications during bidding process. 4.3 Addenda -- Assist the City in the preparation of any addenda as necessary to clarify the contract documents. City shall coordinate distribution of addenda. 4.4 Pre-Bid Briefing -- Attend a voluntary or mandatory pre-bid briefing conducted by the City to review the project with prospective bidders. 4.5 Bid Opening and Award -- Assist the City with the evaluation of the bids and prepare a written bid summary document. Tasks 5 – Construction Phase Services Under this task, engineering services will be provided to the City during construction of the project. The extent of these services to be provided, if any, and the associated budget will be determined at a later date and the agreement modified accordingly to provide for these additional services. The following is an inventory of construction phase services that MSA typically provides. These services are provided from the notice of award of a construction contract to the contractor to the final acceptance of the project. Subtasks include: • Shop Drawings & Submittals Review • Monthly Pay Request Processing • Requests for Information Clarifications • Process Change Orders • Monthly Project Status Reports and Project Meetings • On-Site Construction Observation • Testing & Start-Up Assistance • Final Inspection • Project Close-Out • Record Drawings Preparation • Warranty Inspection City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 10 Engineering Fee Estimate The following is a summary of the estimated engineering fees based on the assumptions described in this scope of work. A detailed breakdown of estimated engineering fees by work task and labor classification is shown on the attached spreadsheet (Exhibit B-1) for Phase 2 work tasks. These estimated fees are based upon the proposed scope of work, basic assumptions and the project schedule, all as outlined in the scope of work. The work will be billed at the firm’s current standard Schedule of Charges in effect at the time the work is performed, the 2012 Schedule of Charges is attached as Exhibit C-1. Phase 2 Fee Estimate Project Task MSA Subconsultant Fee Total Fee Phase 2 – Final Design and Permitting Task 1 – Additional Project Management and Coordination $5,429 $0 $5,429 Task 2 – Final Design $93,533 $42,682 $136,215 Task 3 – Permits and Environmental Reviews $15,625 $41,789 $57,414 Task 4 – Bidding and Award $4,116 $1,000 $5,116 Task 5 – Construction Phase Services (TBD) Sub-Total Phase 2 $118,703 $85,471 $204,174 Additional Permitting (allowance for variable permit conditions/review periods)** $28,000 Total Phase 2 $232,174 **Note – An allowance of $28,000 is included in this fee estimate that includes additional time that may be required of the design and permitting team for coordination and reviews during the federal and state permitting process that have not yet been defined. Further clarity on the permitting requirements will be made during the final design phase. Schedule Based on our approach, we are proceeding for construction of all culvert replacements in the summer of 2013. Since the culvert replacements require Project Construction Notification (PCN) with the US Army Corps of Engineers prior to construction, there is a potential for a longer review period and as such the project is not guaranteed to be permitted prior to the 2013 fish windows (anticipated to be mid-July and late September). Planning Level Preliminary Construction Cost Estimate At the City’s request a conservative planning level construction cost estimate was prepared for the Prairie Creek Culvert Replacement project. Based on available current information, City of Arlington MURRAY, SMITH & ASSOCIATES, INC. Prairie Cr. Drainage Imp. - Ph. 2 October 2012 Engineers/Planners Page 11 we estimate that the City should anticipate that the construction cost for replacement of the five remaining undersized culverts would be approximately $3,000,000. This planning level estimate includes a 25% contingency. The replacement of BNSF culvert accounts for approximately half of the estimated construction costs. This is based on the assumption that the BNSF culvert will be replaced using trenchless construction techniques. Alternative optional alignments will be considered during final design to potentially reduce the construction cost. EXHIBIT B-1 PRAIRIE CREEK DRAINAGE IMPROVEMENTS CITY OF ARLINGTON PHASE 2 FEE ESTIMATE ESTIMATED FEES Principal Professional Professional Engineer II Engineer VII Engineer V Engineer III Tech. IV Admin. I Total Labor Total $171 $145 $128 $113 $114 $69 Hours Survey Geotechnical Structural Env. / Permit Lindberg McIntyre Hardy Thelen Marx Bibbins Metron GeoEngineers CG Engineering ESA Phase 2 - Final Design and Permitting Task 1 - Project Management and Coordination Correspondence and Coordination w/ City 6 4 12 4 4 30 3,870$ 20$ 3,890$ ESTIMATED LABOR Subconsultants Expenses Correspondence and Coordination w/ City 6 4 12 4 4 30 3,870$ 20$ 3,890$ Staff and Subconsultant Management 1 4 6 11 1,519$ 20$ 1,539$ Task 1 Subtotal 7 8 18 4 0 4 41 5,389$ -$ -$ -$ -$ 40$ 5,429$ Task 2 - Final Design Site Visits / Design Meetings 2 16 16 34 4,198$ 4,198$ 69th Avenue/BNSF RR Plans 4 40 72 60 176 20,676$ 960$ 21,636$ 204th Street Plans 4 20 62 62 148 17,214$ 992$ 18,206$ 71st Avenue Plans 4 16 48 48 116 13,524$ 768$ 14,292$ 74th Avenue Plans 4 16 48 48 116 13,524$ 768$ 14,292$ Plan Details 4 8 32 32 76 8,868$ 512$ 9,380$ Cost Estimates 1 2 16 19 2,235$ -$ 2,235$ Specifications 2 16 16 12 46 5,026$ -$ 5,026$ 50% Review Meeting 2 2 4 7 1 1 17 2,118$ 16$ 2,134$ 95% Review Meeting 2 2 4 7 1 1 17 2,118$ 16$ 2,134$ Subconsultants 0 -$ 4,000$ 3,300$ 20,746$ 14,636$ -$ 42,682$ Task 5 Subtotal 9 24 142 324 252 14 765 89,501$ 4,000$ 3,300$ 20,746$ 14,636$ 4,032$ 136,215$ Task 3 - Permits and Environmental ReviewsTask 3 - Permits and Environmental Reviews Meetings with Agencies 1 16 4 4 25 3,455$ 40$ 3,495$ Prepare Pipeline Crossing Permit 1 40 12 2 55 6,154$ 192$ 6,346$ BNSF Coordination and Incorporation into Design 1 1 8 10 1,177$ -$ 1,177$ Environmental Permitting 1 4 16 16 37 4,607$ 41,789$ -$ 46,396$ Task 6 Subtotal 2 21 22 68 12 2 127 15,393$ -$ -$ -$ 41,789$ 232$ 57,414$ Task 4 - Bidding and Award Bid Advertisement 1 4 5 580$ -$ 580$ Bidder Inquiries 1 1 8 10 1,203$ 500$ 500$ -$ 2,203$ Addenda 1 2 4 4 11 1,335$ 64$ 1,399$ Pre-Bid Briefing 4 4 452$ -$ 452$ Bid Opening and Award 2 2 4 482$ -$ 482$ Task 7 Subtotal 2 0 6 22 4 0 34 4,052$ -$ -$ 500$ 500$ 64$ 5,116$ SUBTOTAL - PHASE 2 20 53 188 418 268 20 967 114,335$ 4,000$ 3,300$ 21,246$ 56,925$ 4,368$ 204,174$ SUBTOTAL - PHASE 2 20 53 188 418 268 20 967 114,335$ 4,000$ 3,300$ 21,246$ 56,925$ 4,368$ 204,174$ 28,000$ TOTAL - PHASE 2 232,174$ Additoinal Permitting (allowance for variable permit conditions/review periods) City of Arlington October 2012 G:\PDX_BD\Clients\Arlington, WA\Prairie Creek Culvert Replacement (12-1347)\Scope & Fee\Phase 2\Fee Estimate - DRAFT - 2012-10-15 Murray, Smith & Associates, Inc. Engineers/Planners Prairie Creek Drainage Improvements Page 1 City of Arlington Council Agenda Bill Item: NB #4 Attachment H COUNCIL MEETING DATE: November 5, 2012 SUBJECT: 67th Ave Phase III – KBA, Inc. Supplement No. 1 ATTACHMENTS: Supplement No. 1 for KBA, Inc. Contract DEPARTMENT OF ORIGIN Public Works – Eric Scott EXPENDITURES REQUESTED: $963,000 BUDGET CATEGORY: TIB Grant, Transportation Improvement Fund and STP Grant LEGAL REVIEW: DESCRIPTION: Supplement #1, including proposed scope and fee for KBA, Inc. to provide construction management support services during the construction phase of the 67th Ave – Final Phase project. HISTORY: The City is moving forward with advertising the 67th Ave – Final Phase project for bid in the second week of November. The City’s Construction Management consultant, KBA Inc., is currently contracted up to the end of the bid phase, per their base contract. Supplement 1 amends their base contract to provide construction management services for the remainder of the 67th Ave – Final Phase project. KBA’s scope also includes sub consultants to provide public outreach and material testing. ALTERNATIVES • Do not approve supplement to contract • Table pending additional discussion RECOMMENDED MOTION: I move to approve Supplement #1 to the City of Arlington and KBA contract and authorize the mayor to sign Supplement #1, pending final review by the City Attorney. KBA, Inc. October 22, 2012 S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\KBA-Scope-FullCM-2012-10-22.docx 1 of 7 SUPPLEMENT 1 EXHIBIT A-1 SCOPE OF SERVICES Construction Contract Management Services for 67th Avenue – Phase III Contract No. P02.341 KBA, Inc. (Consultant) will provide Construction Contract Management (CCM) services to the City of Arlington (Client), for the 67th Avenue – Phase III Project (Project). These services will include consultation, contract administration, field observation, documentation, and material testing, as required during construction of the Project, as detailed below. This Scope of Services is for the construction phase of the 67th Avenue – Phase III Project, and is intended to supplement the Preconstruction Services Scope of Services in the original LAG Agreement (Contract No. P02.341) executed on June 18, 2012. Project Description: The Project will improve 67th Avenue NE, between 204th Street NE and Lebanon Street. The proposed improvements include widening of the roadway for a center two-way left turn lane, completion of the Centennial Trail within Arlington, culvert crossings, and installation of sidewalks and lighting. The Designer of Record on this Project is HDR, Inc. (Designer). I. CONSTRUCTION CONTRACT MANAGEMENT SERVICES A. Consultant Contract and Team Management. 1. Continue to provide overall day-to-day management of the consultant contract and team. B. Preconstruction Services 1. No additional services this supplement. C. Public Outreach Delete Section C– ‘Public Outreach’ in its entirety and replace with the following: 1. Provide services of public outreach specialist, EnviroIssues (Sub-Consultant) to assist the Consultant and the Client during the preconstruction phase of the Project. The Consultant and the Sub-Consultant will share in the responsibilities and work identified in this section. This work will be described in more detail in a Communications Plan, to be submitted by the Consultant prior to start of construction: a. Construction Progress Meetings. Sub-Consultant to attend monthly site meetings with the Client and Consultant to learn more about the Project’s progress and issues. Sub- Consultant to plan and conduct targeted outreach for the following month in coordination with Client staff. b. Communications Plan. Identify and compile preferred local communications avenues to maximize outreach efforts during active construction. The plan will include emergency response protocols, a construction information phone protocol, preferred local communications avenues, and team structures and resources. c. Pre-construction Community Meeting/Kick-off. Support the Consultant and Client with a pre-construction community kick-off meeting, called an information session. The target audience for this meeting will be affected property owners, residents and businesses in the Project area as well as the general public. KBA, Inc. October 22, 2012 S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\KBA-Scope-FullCM-2012-10-22.docx 2 of 7 d. Business Cards and Magnets with Contact Information. Develop magnets that include key contact information - including the Project email address, information phone line and off-hours phone line. The Consultant will distribute the magnets as needed e. Construction Information Phone Line, Email and Issue Tracking. Set up, monitor and respond to the Project information phone line and email address to field community questions or concerns regarding construction. The information line will be available 24 hours a day. The email account will be checked during regular weekday office hours. Requests and inquiries will be prioritized by the Sub-Consultant to reduce interruptions to the CCM team and Contractor. Urgent issues or issues that require team consultation will be forwarded to the appropriate team member to address. Each inquiry, response and resolution will be logged in the web-based data management system. Any issues will be noted in the weekly outreach report. Calls received during off hours will be managed during the next working day. The Sub-Consultant will coordinate with Client staff regarding any calls received specific to construction on the Project during the next working day. f. Communications, Contact Database and Outreach Reports. Utilize Sub-Consultant’s web-based data management system (i.e. database) using Sub-Consultant’s existing proprietary software to manage Project data, including but not limited to contacts, comments and correspondence. Information stored in the database will be received during construction through site visits and via the construction information line and email account. This online system will include Project contact tracking, sorting and de- duplication capabilities and can be set up to provide the Client access to view information stored in the database. g. Weekly Outreach Reports. Track all public concerns received and responses made in the Project database. The log will be updated throughout the Project. The Sub- Consultant will also generate and provide to the team weekly outreach reports, which will note all correspondence received and sent during the past week and any issues that were resolved or have yet to be resolved. h. Construction Notifications. Support the Consultant in developing template and general content for regular construction notifications regarding upcoming construction activities and what to expect. These notifications may be developed and distributed in the following formats: i. Project Flyers. Develop an initial flyer template that can be updated on a periodic basis, as-needed, based on upcoming work, to be provided at information kiosks or handed out during site visits. Flyers can be used by property owners with multiple tenants to post in public areas. ii. Project Website and Regular Notices. The Sub-Consultant will develop Project website layout, including a comment form function, and Consultant will provide content updates on a regular basis. Project website address will be linked from the Client’s website. The Sub-Consultant will develop Project website notifications to be posted on a regular basis regarding construction and upcoming activities that supplement general information. iii. Regular Project Emails. Develop an initial Project email template and provide updates for the Client to send on a regular basis to provide information about upcoming construction activities and what to expect. i. Media and Social Media. Support Client-led media and social media efforts, including drafting content regarding construction for press releases, articles and other information submitted to the media during construction and at major Project milestones. j. Project Materials. Draft and update content for general Project materials in coordination with Client and Consultant staff. Materials may include a periodic construction newsletter/progress report. Support the Client with other materials as needed by finalizing KBA, Inc. October 22, 2012 S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\KBA-Scope-FullCM-2012-10-22.docx 3 of 7 content and graphic layout (i.e. frequently asked questions, onsite brochure, informal signs, etc.). k. Project Events and Celebration. Support the Client as it organizes and hosts a ribbon cutting ceremony to mark the end of construction and Project completion, and a centennial opening celebration. Attend the ceremonies and provide the Client assistance with set-up, logistics, and day-of staffing. Deliverables to be provided by the Sub-Consultant 1. Monthly progress reports 2. Communications plan 3. Contact cards and magnets 4. Outreach materials 5. Meeting agendas and notes (for those meetings not provided by the Consultant) 6. Construction information phone line and email, including set-up, monitor, and tracking 7. Communication and contact database set-up and monitoring, including: a. Customized outreach construction reports from online data management system (up to 52) b. Microsoft Excel file containing data from online data management system 8. Project notifications, including: a. (1) draft and (1) final flyer template b. Project emails (up to 52) c. Website notices (up to 52) 9. Content for media and social media campaigns (assume 52 weeks)) 10. Project materials, including: a. Initial Project website content and weekly updates b. Content for initial fact sheet and up to (3) updates/versions c. (1) draft and (1) final magnet 11. Attendance and logistics support for events, including(1) ribbon cutting ceremony, and (1) centennial trail opening Assumptions for the Sub-Consultant 1. The Client will have the lead role in directing community outreach activities with assistance from the Sub-Consultant. 2. The Consultant will supply regular Project information to include in the construction notifications. 3. The Client will be responsible for delivering construction notification flyers. 4. The Sub-Consultant will develop, host and maintain a Project website. 5. The Consultant will provide the Sub-Consultant with suggested content changes to the Project web page. 6. The Client will host and send correspondence via an established Project email address. 7. The Client will provide direction and staff support regarding Project branding and materials layout. 8. The Client will print and/or mail Project materials as needed, unless the Client does not have the equipment to produce a piece or they cannot meet Project deadlines. In that case, the Client will reimburse for those Consultant or Sub-Consultant costs. 9. The Client will be billed for all printing, postage, advertisement and distribution costs associated with community outreach materials NOTE: D. Assumptions (from original Agreement Scope of Services) has been moved to F. Assumptions. D. Construction Phase Services – Contract Administration KBA, Inc. October 22, 2012 S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\KBA-Scope-FullCM-2012-10-22.docx 4 of 7 1. Liaison with the Client, construction contractor, Designer, appropriate agencies, property owners, and utilities. 2. Finalize the Construction Management Plan (CM Plan) for the Project, as described in the Preconstruction Services Scope of Services in the original agreement. 3. Provide the Client with brief monthly construction progress reports, highlighting progress and advising of issues which are likely to impact cost, schedule, or quality/scope. 4. Schedule Review: a. Review construction contractor’s schedules for compliance with Contract Documents. b. Monitor the construction contractor’s conformance to schedule and require revised schedules when needed. Advise Client of schedule changes. 5. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including Client pre-briefing, and prepare weekly meeting agenda and meeting notes, and distribute copies to attendees. Track outstanding issues on a weekly basis. 6. Update CM Plan as needed to reflect changes in policy and/or procedure that occur during the Project, and orient CCM Team to the changes. 7. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 8. Record of Materials. Provide Record of Materials (ROM) indicating anticipated material approvals, material compliance documentation, and materials testing requirements. Maintain ROM compliance documentation received and advise of any known deficiencies. 9. Manage Request for Information (RFI) process. Track and review/evaluate, or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. 10. Change Management. Evaluate entitlement and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 11. Monthly Pay Requests. Prepare monthly requests for payment and/or review payment requests submitted by the construction contractor. Review with Client and construction contractor, and recommend approval, as appropriate. 12. Evaluate construction contractor’s Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 13. Prevailing Wage Monitoring: a. Monitor Payroll Compliance. Review Statements of Intent to Pay Prevailing Wage against the Contract Document requirements. Collect, record, and check weekly certified payrolls and conduct on-site wage interviews, both at a frequency documented in the CM Plan. 14. Assist the Client in the investigation of malfunctions or failures during construction. 15. Public Outreach Support. Provide support to Sub-consultant, who will lead efforts in public outreach, as described in Section E of this Scope of Services and in the preconstruction phase. 16. Record Drawings. Review not less than monthly, the construction contractor’s redline set of contract plans. Maintain a CCM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by the CCM team. Use these markups to check the progress of the contractor-prepared Record Drawings. KBA, Inc. October 22, 2012 S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\KBA-Scope-FullCM-2012-10-22.docx 5 of 7 17. Document Control. Establish and maintain document filing and tracking systems, following Client guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. a. One hard copy of files will be kept in the Project field office. b. Electronic documentation will be stored in a Project website, using SharePoint software, managed and hosted by the Consultant. The Client will be provided with up to (4) licenses for their and the construction contractor’s use of the SharePoint website during the Project. Consultant will provide one training session each for Client and construction contractor users of the SharePoint system. 18. Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and Final Completion. Prepare final pay estimate. 19. Final Records. Compile and convey final Project records, transferring to the Client for archiving at final acceptance of the Project. Records will consist of hard copy originals and electronic records on CD/DVD. Deliverables 1. Monthly Construction Progress Reports 2. Schedule Review Comments 3. Meeting Agendas and Notes 4. Submittal Log 5. Record of Materials 6. RFI Log 7. Change Order(s) 8. Progress Pay Requests 9. Certificates of Completion and punch list(s) 10. Final records – hard copy and electronic E. Construction Phase Services – Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Client, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant’s personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the Client of any non-conforming work observed during site visits. 3. Prepare daily construction reports, recording the construction contractor’s operations as actually observed by the Consultant; includes quantities of work placed that day, contractor’s equipment and crews, and other pertinent information. 4. Interpret Contract Documents, in coordination with Designer. 5. Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements. 9. Attend and actively participate in regular on-site meetings. KBA, Inc. October 22, 2012 S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\KBA-Scope-FullCM-2012-10-22.docx 6 of 7 10. Take periodic digital photographs during the course of construction. Photographs to be labeled and organized as detailed in the CM Plan. 11. Punch List. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a ‘punch list’ of items to be completed or corrected. Coordinate final inspection with those agencies. 12. Testing. Conduct or cause to be conducted, materials and laboratory tests. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and inform Client and construction contractor of deficiencies. Deliverables 1. Daily Construction Reports with Project photos – submitted on a weekly basis 2. Punch List, Certificate of Substantial Completion 3. Test reports F. Assumptions 1. Budget: a. Supplemented to include: Staffing levels are anticipated in accordance with the attached budget estimate for Supplemental 1 - CCM Services. c. Supplemented to include: Consultant services are budgeted for a 17-month period from August 2012 through December 2013, for Supplemental 1 – CCM Services. This is intended to span the originally planned construction duration, plus time allotted for supplemental Project set-up and closeout. A certain amount of overtime has been figured into the budget to use, if needed, during peak construction activities. If additional budget is needed to cover such instances as the following, Client and Consultant will negotiate a supplement to this Agreement: i. The contractor’s schedule requires inspection coverage of extra crews and shifts. ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. 2. Items and Services Client will provide: Note: No additions/revisions made. 3. Scope: Supplemented to include: j. Consultant will provide observation services for the days/hours that their Inspector(s) personnel is/are on-site. The Inspector(s) will not be able to observe or report on construction activities, or collect documentation, during the time they are not on-site. k. The Consultant’s monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non-conforming work and pursue the other remedies in the interests of the Client, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor’s performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Client’s expectations. l. Definitions and Roles. The use of the term “inspect” in relation to Consultant services is synonymous with “construction observation,” and reference to the “Inspector” role is synonymous with “Field Representative,” and means: performing on-site observations of the progress and quality of the Work and determining, in general, if the Work is being KBA, Inc. October 22, 2012 S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\KBA-Scope-FullCM-2012-10-22.docx 7 of 7 performed in conformance with the Contract Documents; and notifying the Client if Work does not conform to the Contract Documents or requires special inspection or testing. Where “Specialty Inspector” or “specialty inspection” is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. m. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the Client immediately for resolution. n. If Consultant provides Value Analysis or Value Engineering services, it is understood that any ideas, advice, or recommendations generated by the Consultant are made based only on the information presented to them, and need to be verified by the Designer. Consultant is not responsible for the final design product. o. Client agrees to include a statement in the construction Bid Documents for this Project, requiring construction contractor to name KBA, Inc. as an additional insured via endorsement to the contractor’s commercial general liability and automobile insurance policies. II. OPTIONAL SERVICES No additions/revisions made. Project Name: Arlington - 67th Project Month Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 Client Project No.:P02.341 Days/Mo 23 19 23 20 20 22 20 21 22 23 20 23 22 20 23 19 20 22 20 21 22 KBA Project No.: BP 11-102-01 Hr/Mo 184 152 184 160 160 176 160 168 176 184 160 184 176 160 184 152 160 176 160 168 176 Contract Type: Cost + Fixed Fee (on DSC + OH) Extra Work 12% 12% 11% 10% 4% 6% 8% 10% 11% 12% 12% 12% 12% 12% 11% 10% 4% 6% 8% 10% 11% Date Prepared:dj Hr/Mo 207 171 205 176 167 187 173 185 196 207 180 207 198 180 205 168 167 187 173 185 196 Prepared by: Mike Roberts 20 41 63 86 106 129 151 171 194 213 233 255 275 Salary Escallation 4%PRECON Construction Contract: 250 Working Days CONSTRUCTION KBA Labor Hours CLOSEOUT Employee Title 2012 Rate 2013 Rate 2014 Rate Total Hours 2012 Total 2013 Total Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 Mike Roberts Project Manage $74.00 $77.00 $80.10 100 8 74 4 4 6 10 6 8 4 8 4 8 4 6 4 6 4 6 6 2 Dave Mohle Resident Enginee $47.32 $49.20 $51.20 2,608 80 2,048 40 40 184 184 152 184 160 160 176 160 168 176 184 160 184 176 80 40 Cameron Bloome Office Engineer $26.50 $27.60 $28.70 2,248 - 1,944 80 184 152 184 160 160 176 160 168 176 184 160 184 120 Dave Scott Project Inspecto $41.48 $43.10 $44.80 1,712 - 1,712 8 160 160 176 160 168 176 184 160 184 176 Jennifer Smiley Project Assistant $26.40 $27.50 $28.60 1,328 40 1,012 40 80 92 76 92 80 80 88 80 84 88 92 80 80 80 60 56 Connie Tomlinson Contract Admin $26.50 $27.60 $28.70 36 4 24 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Misty Fisher Operations Manage $34.00 $35.40 $36.80 9 5 - 5 - - - - - - - - - - - - - 4 Sean Mabin IT Administrator $36.00 $37.40 $38.90 11 5 2 5 2 - - - - - - - - - - - - 4 Subtotal - KBA Labor Hours 8,052 142 6,816 - - - 46 96 362 632 548 646 566 578 622 594 586 632 642 408 454 384 148 108 Direct Expenses - Item Total Costs 2012 Total 2013 Total Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 Vehicles (for RE and inspection staff) at $40/day plus tax 21,082$ 439 20,642 - - - 220 220 1,054 1,889 1,713 1,976 1,757 1,801 1,932 1,889 1,801 1,976 1,976 878 Mileage (for Project Manager and non-full time assigned staff) 1,000$ 100 700 50 50 50 100 100 50 50 50 50 50 50 50 50 50 50 50 50 50 Misc: Supplies, Equipment 1,009$ 300 625 300 300 200 125 - - - - - - - - 85 Copier/Scanner/Printer (Estimated monthly amount) 6,000$ 400 4,800 400 400 400 400 400 400 400 400 400 400 400 400 400 400 400 Office Rental (Estimated monthly rent - Actual amount will be billed) 24,000$ 1,500 18,000 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 Subtotal - Direct Expenses 53,091$ 2,739 44,767 - - - 270 2,470 3,304 4,089 3,838 3,926 3,707 3,751 3,882 3,839 3,751 3,926 3,926 2,828 1,950 1,950 1,635 50 Subconsultant(s) Subconsultants Total Costs 2012 Total 2013 Total Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 EnviroIssues (see attached estimate) 75,000$ 10,254 60,044 - - - 4,355 5,899 7,064 6,343 5,919 5,655 4,383 4,495 4,318 4,551 4,374 4,374 4,512 4,058 3,154 1,547 - - GeoTest (see attached estimate) 45,000$ - 41,500 - - - - - - 1,500 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 2,000 1,500 - - Subtotal - Subconsultant Costs 120,000$ 10,254 101,544 - - - 4,355 5,899 7,064 7,843 9,919 9,655 8,383 8,495 8,318 8,551 8,374 8,374 8,512 8,058 5,154 3,047 - - Combined Costs Employee Title 2012 Rate 2013 Rate 2014 Rate Total DSC 2012 Total 2013 Total Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 Mike Roberts Project Manage $74.00 $77.00 $80.10 7,732$ 592 5,698 - - - 296 296 462 770 462 616 308 616 308 616 308 462 308 462 320 481 481 160 Dave Mohle Resident Enginee $47.32 $49.20 $51.20 129,123$ 3,786 100,762 - - - 1,893 1,893 9,053 9,053 7,478 9,053 7,872 7,872 8,659 7,872 8,266 8,659 9,053 7,872 9,421 9,011 4,096 2,048 Cameron Bloome Office Engineer $26.50 $27.60 $28.70 62,379$ - 53,654 - - - - - 2,208 5,078 4,195 5,078 4,416 4,416 4,858 4,416 4,637 4,858 5,078 4,416 5,281 3,444 - - Dave Scott Project Inspecto $41.48 $43.10 $44.80 73,787$ - 73,787 - - - - - 345 6,896 6,896 7,586 6,896 7,241 7,586 7,930 6,896 7,930 7,586 - - - - - Jennifer Smiley Project Assistant $26.40 $27.50 $28.60 36,780$ 1,056 27,830 - - - - 1,056 2,200 2,530 2,090 2,530 2,200 2,200 2,420 2,200 2,310 2,420 2,530 2,200 2,288 2,288 1,716 1,602 Connie Tomlinson Contract Admin $26.50 $27.60 $28.70 998$ 106 662 - - - 53 53 55 55 55 55 55 55 55 55 55 55 55 55 57 57 57 57 Misty Fisher Operations Manage $34.00 $35.40 $36.80 317$ 170 - - - - - 170 - - - - - - - - - - - - - - - 147 Sean Mabin IT Administrator $36.00 $37.40 $38.90 410$ 180 75 - - - - 180 75 - - - - - - - - - - - - - - 156 Direct Salary Costs 311,527$ 5,890 262,468 - - - 2,242 3,648 14,398 24,382 21,177 24,918 21,747 22,400 23,886 23,090 22,472 24,384 24,610 15,005 17,367 15,281 6,350 4,170 Overhead @ 406,573$ 7,687 342,548 - - - 2,926 4,761 18,790 31,821 27,638 32,520 28,382 29,234 31,173 30,134 29,328 31,824 32,119 19,583 22,666 19,943 8,287 5,442 Subtotal (DSC + OH)718,100$ 13,576 605,016 - - - 5,168 8,409 33,188 56,204 48,815 57,438 50,129 51,634 55,059 53,224 51,799 56,208 56,729 34,588 40,034 35,225 14,637 9,612 Fixed Fee (on DSC + OH) @ 71,809$ 1,358 60,501 - - - 517 841 3,319 5,620 4,881 5,744 5,013 5,163 5,506 5,322 5,180 5,621 5,673 3,459 4,003 3,522 1,464 961 Subtotal (DSC + OH + FF)789,909$ 14,934 665,517 - - - 5,685 9,250 36,507 61,824 53,696 63,182 55,142 56,797 60,565 58,546 56,979 61,829 62,402 38,047 44,037 38,747 16,101 10,573 Direct Expenses (No Markup)53,091$ 2,739 44,767 - - - 270 2,470 3,304 4,089 3,838 3,926 3,707 3,751 3,882 3,839 3,751 3,926 3,926 2,828 1,950 1,950 1,635 50 Subconsultant(s)120,000$ 10,254 101,544 - - - 4,355 5,899 7,064 7,843 9,919 9,655 8,383 8,495 8,318 8,551 8,374 8,374 8,512 8,058 5,154 3,047 - - Management Reserve -$ - - - - - - - - - - - - - - - - - - - - - - - TOTAL ESTIMATED COSTS 963,000$ 27,928 811,829 - - - 10,310 17,618 46,875 73,756 67,452 76,764 67,232 69,043 72,765 70,935 69,104 74,130 74,840 48,934 51,141 43,744 17,736 10,623 Current Contract 130.51% 10.00% 10/22/2012 De t e r m i n a t i o n of H o u r s Sc h e d u l e Printed: 10/23/2012 9:10 AM S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\Arlington67th-Ex-E1-Budget(CPFF)-Rev2012-10-23.xlsx Pro ect Name: Arlin ton - 67th Pro ec Month Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 Client Project No.: P02.341 Days/Mo 23 19 23 20 20 22 20 21 22 23 20 23 22 20 23 19 20 22 20 21 22 KBA Project No.: BP 11-102-01 Hr/Mo 184 152 184 160 160 176 160 168 176 184 160 184 176 160 184 152 160 176 160 168 176 Contract Type: Cost + Fixed Fee (on DSC + OH) Extra Work 12% 12% 11% 10% 4% 6% 8% 10% 11% 12% 12% 12% 12% 12% 11% 10% 4% 6% 8% 10% 11% Date Prepared:dj Hr/Mo 207 171 205 176 167 187 173 185 196 207 180 207 198 180 205 168 167 187 173 185 196 Prepared by: Mike Roberts Salary Escallation 5%PRECON Construction Contract: 250 Working Days CONSTRUCTION EnviroIssues (see attached estimate)CLOSEOUT Employee Title 2012 Rate 2013 Rate 2014 Rate Total Hours 2012 Total 2013 Total 2014 Total Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 TBD ssociate 1 $26.00 $27.30 $28.70 - - - - Ryan Bianchi ssociate 2 $31.00 $32.60 $34.20 471 42 399 30 18 24 40 45 45 35 30 30 30 30 30 30 30 24 18 12 Elizabeth Faulkner ssociate 3 $43.00 $45.20 $47.50 94 24 66 4 12 12 10 6 5 5 5 5 5 5 5 5 5 5 3 1 tbd Project Coordinato $21.00 $22.10 $23.20 160 24 122 14 12 12 12 10 10 10 10 10 10 10 10 10 10 10 10 4 tbd IT Senior Associate $60.00 $63.00 $66.20 10 4 6 - 4 1 - 4 - - 1 - - - - - tbd IT Tech Assoc 1 $22.00 $23.10 $24.30 34 6 26 2 6 4 4 2 2 2 2 1 1 1 1 4 2 2 tbd Graphic Designe $19.00 $20.00 $21.00 32 3 25 4 1 2 8 5 2 1 - 2 - 1 1 1 - 4 4 Subtotal - Labor Hours 801 103 644 54 - - - 43 60 75 70 64 57 47 49 46 48 47 47 49 45 37 17 - - Direct Expenses Item Total Costs 2012 Total 2013 Total 2014 Total Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 Vehicles -$ - - - - - - - - - - - - - - - - Mileage -$ - - - - - - - - - - - - - - - - Field Equipment -$ - - - - - - - - - - - - - - - - Misc: Supplies, Equipment -$ - - - - - - - - - - - - - - - - Copier/Scanner/Printe -$ - - - - - - - - - - - - - - - - Subtotal - Direct Expenses 3,978$ 1,078 2,900 - 578 500 500 300 300 300 250 250 250 250 250 250 - - - - - - Combined Costs Employee Title 2012 Rate 2013 Rate 2014 Rate Total DSC 2012 Total 2013 Total 2014 Total Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 TBD ssociate 1 $26.00 $27.30 $28.70 -$ - - - - - - - - - - - - - - - - - - - - - - - - Ryan Bianchi ssociate 2 $31.00 $32.60 $34.20 15,335$ 1,302 13,007 1,026 - - - 558 744 1,304 1,467 1,467 1,141 978 978 978 978 978 978 978 782 616 410 - - Elizabeth Faulkner ssociate 3 $43.00 $45.20 $47.50 4,205$ 1,032 2,983 190 - - - 516 516 452 271 226 226 226 226 226 226 226 226 226 226 143 48 - - tbd Project Coordinato $21.00 $22.10 $23.20 3,525$ 504 2,696 325 - - - 252 252 265 221 221 221 221 221 221 221 221 221 221 221 232 93 - - tbd IT Senior Associate $60.00 $63.00 $66.20 618$ 240 378 - - - - - 240 63 - - 252 - - - 63 - - - - - - - - tbd IT Tech Assoc 1 $22.00 $23.10 $24.30 781$ 132 601 49 - - - - 132 92 92 46 46 46 46 23 23 23 23 92 46 49 - - - tbd Graphic Designe $19.00 $20.00 $21.00 641$ 57 500 84 - - - 19 38 160 100 40 20 - 40 - 20 20 20 - 80 84 - - - Direct Salary Costs 25,106$ 3,267 20,165 1,673 - - - 1,345 1,922 2,337 2,152 2,000 1,906 1,471 1,511 1,448 1,531 1,468 1,468 1,517 1,356 1,123 551 - - Overhead @ 39,004$ 5,076 31,329 2,600 - - - 2,090 2,986 3,630 3,343 3,108 2,961 2,286 2,348 2,250 2,379 2,281 2,281 2,357 2,106 1,744 856 - - Subtotal (DSC + OH)64,110$ 8,343 51,494 4,273 - - - 3,435 4,908 5,967 5,494 5,108 4,868 3,757 3,859 3,698 3,910 3,749 3,749 3,875 3,462 2,867 1,406 - - Fee (on DSC + OH) @ 6,412$ 834 5,150 428 - - - 343 491 597 549 511 487 376 386 370 391 375 375 387 346 287 141 - - Subtotal (DSC + OH + NF)70,522$ 9,177 56,644 4,701 - - - 3,778 5,399 6,564 6,043 5,619 5,355 4,133 4,245 4,068 4,301 4,124 4,124 4,262 3,808 3,154 1,547 - - Direct Expenses (No Markup)4,478$ 1,078 3,400 - - 578 500 500 300 300 300 250 250 250 250 250 250 250 250 - - - - Subconsultant(s)-$ - - - - - - - - - - - - - - - - - - - - - - - - TOTAL ESTIMATED COSTS 75,000$ 10,254 60,044 4,701 - - - 4,355 5,899 7,064 6,343 5,919 5,655 4,383 4,495 4,318 4,551 4,374 4,374 4,512 4,058 3,154 1,547 - - 155.36% 10.00% De t e r m i n a t i o n of H o u r s 10/22/2012 Sc h e d u l e Printed: 10/23/2012 9:10 AM S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\Arlington67th-Ex-E1-Budget(CPFF)-Rev2012-10-23.xlsx Project Name: Arlington - 67th Project Month Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Client Project No.: P02.341 Days/Mo 20 20 22 20 21 22 23 20 23 22 20 23 KBA Project No.: BP 11-102-01 Hr/Mo 160 160 176 160 168 176 184 160 184 176 160 184 Contract Type: Cost + Fixed Fee (on DSC + OH) Extra Wok 10% 4% 6% 8% 10% 11% 12% 12% 12% 12% 12% 11% Date Prepared:dj Hr/Mo 176 167 187 173 185 196 207 180 207 198 180 205 Prepared by: Mike Roberts Salary Escallation 4%PRECON Construction Contract: 250 Working Days CONSTRUCTION GeoTest (see attached estimate) Employee Title 2012 Rate 2013 Rate Total Hours 2012 Total 2013 Total 2014 Total Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 - - - - - - - - - - - - Subtotal - Labor Hours - - - - - - - - - - - - - - - - Direct Expenses Item Total Costs 2012 Total 2013 Total 2014 Total Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Vehicles -$ - - - Mileage -$ - - - Field Equipment -$ - - - Misc: Supplies, Equipment -$ - - - Copier/Scanner/Printer -$ - - - Subtotal - Direct Expenses -$ - - - - - - - - - - - - - - - Subconsultant(s) Subconsultants Total Costs 2012 Total 2013 Total 2014 Total Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 45,000$ - 41,500 3,500 1,500 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 -$ - - - Subtotal - Subconsultant Costs 45,000$ - 41,500 3,500 - - - 1,500 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 Combined Costs Employee Title 2012 Rate 2013 Rate Total DSC 2012 Total 2013 Total 2014 Total Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 -$ - - - - - - - - - - - - - - - Direct Salary Costs -$ - - - - - - - - - - - - - - - Overhead @ -$ - - - - - - - - - - - - - - - Subtotal (DSC + OH)-$ - - - - - - - - - - - - - - - Fee (on DSC + OH) @ -$ - - - - - - - - - - - - - - - Subtotal (DSC + OH + NF)-$ - - - - - - - - - - - - - - - Direct Expenses (No Markup)-$ - - - - - - - - - - - - - - - Subconsultant(s)45,000$ - 41,500 3,500 - - - 1,500 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 TOTAL ESTIMATED COSTS 45,000$ - 41,500 3,500 - - - 1,500 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 Prorated cost of $45,000 over construction phase - see separate estimate De t e r m i n a t i o n of H o u r s 10/22/2012 Sc h e d u l e Printed: 10/23/2012 9:10 AM S:\Projects\Contracts\Client\Arlington\012005-02-67thAve-PhIII-LAG\Drafts&NegotiationRecords\In-houseDrafts\Construction (LAG) Amendent 1\Arlington67th-Ex-E1-Budget(CPFF)-Rev2012-10-23.xlsx City of Arlington Council Agenda Bill Item: NB #5 Attachment I COUNCIL MEETING DATE: November 5, 2012 SUBJECT: Agreement with Humane Society of Skagit Valley to care, detain or destroy stray animals from the city of Arlington. ATTACHMENTS: Humane Society of Skagit Valley Contract DEPARTMENT OF ORIGIN Police – Contact: Police Chief Nelson Beazley 360-403-3400 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: Police – Animal Control Contract LEGAL REVIEW: DESCRIPTION: A contractual agreement between the City of Arlington and the Humane Society of Skagit Valley to receive all City of Arlington stray animals delivered to them by City of Arlington employees or residents of Arlington. HISTORY: Since 2010 the City of Arlington has had a contractual relationship with the Humane Society of Skagit Valley to house all stray animals recovered within the City of Arlington. This agreement has worked well for both parties and resulted in a substantial budgetary cost savings from prior contracts with the Everett Animal Shelter. ALTERNATIVES Take no action RECOMMENDED MOTION: “I move to authorize the Mayor to sign the contractual agreement with the Humane Society of Skagit Valley to provide for the care, detention and destruction of stray animals from the City of Arlington.” CONTRACT This is a non-exclusive contract entered into between the City of Arlington, hereinafter referred to as "City" and the Humane Society of Skagit Valley, hereinafter referred to as "Contractor". WITNESSETH: The City is a municipal corporation which, in the exercise of its power and to insure the health and welfare of its citizens, must, to the best of its ability, provide for the care, detention, and/or destruction of stray animals; and the Contractor maintains and operates facilities suitable for said purpose; and both parties are interested in entering into an agreement relative thereto. IS HEREBY AGREED BY AND BETWEEN THE RESPECTIVE PARTIES AS FOLLOWS: 1. SERVICES: Contractor will provide kennels for animals on a seven day per week basis for care and feeding of all animals, brought in by City representatives or City of Arlington residents, other than owner releases, to the Contractor located at 18841 Kelleher Road, Burlington, Washington for impounding. Impounding will occur during regular business hours. After regular business hours animals will be temporarily held by City until a transfer can made after 8:00 a.m. Contractor agrees to maintain clean, sanitary, and adequate kennels for all impounded animals and further, to treat all owners thereof who may appear at said Contractor's place of business in a courteous manner in compliance with the City. City will keep a current list of all licenses of animals registered in the City, which shall be available to Contractor during regular business hours. 2. NON-EXCLUSIVITY: Nothing in the Agreement shall prevent Contractor from providing any service to any other person. Nothing in the Agreement shall prevent City from obtaining all or any part of the services from its employees and facilities or from providers other than Contractor. 3. CONTRACT TERMS: This contract shall be for the period commencing May 10, 2012 through May 10, 2013. 4. INABILITY TO PAY: City reserves the right to temporarily suspend the performance of this contract when real or projected budget shortfalls create an inability to pay for animals transferred by City of Arlington residents. City will provide 45 days’ notice in writing of the contract suspension. Suspension of performance of the contract under this section shall not be considered anticipatory repudiation of this agreement nor will it increase the term of the contract. This section shall not affect the agreement as it relates to services provided by Contractor for animals transferred by City representatives. 5. CONSIDERATION: In consideration for the services and facilities provided by Contractor, City will pay charges for each animal transferred to Contractor according to the following schedule: • Live dog transferred to Contractor by City representatives - $95 • Live cat transferred to Contractor by City representatives - $75 • Live cat and her litter of kittens less than 4 weeks of age by City representatives - $80 • Deceased dog or cat transferred to Contractor by City representative - $35 • Live dog transferred to Contractor by City of Arlington resident - $95 • Live cat transferred to Contractor by City of Arlington resident - $75 • Live cat and her litter of kittens less than 4 weeks of age by City of Arlington resident - $80 • Live small livestock transferred to Contractor by City representative - $55 – Limited space is available for small livestock – must have prior approval from HSSV before impounded here. • Live poultry, rabbits, rodent family, domestic birds and reptile transferred to Contractor by City representative - $25 – Limited space available – must have prior approval from HSSV before impounded here. • Arlington dog or cat that is adopted in an unaltered condition – No fee. Except that: It is determined that the dog or cat cannot be altered until a later date, based upon staff Veterinary guidelines. In the event of the determination, the animal will be scheduled for an alter appointment with the Contractor’s veterinarian at the time of the adoption. If the City discovers that the adopting party has not kept the alter appointment, no fee will be charged to the City. • City will not be credited for unaltered dogs or cats released directly to a rescue service that has a policy and practice of altering all animals. 6. VERIFICATION OF ADDRESS: Contractor shall require proof of City residency from any person transferring a dog or cat to their care. Contractor shall verify with City that stated addresses are within the City’s jurisdictional limits. 7. DANGEROUS OR POTENTIALLY DANGEROUS DOG: Contractor agrees to provide adequate facilities to safely and securely hold dangerous or potentially dangerous dogs, impounded by City. City representatives shall complete a written request for quarantine provided by the Contractor to specify holding time and requirements. • City will pay an additional charge of $15 per day, after the initial seventy-two (72) hour period for dangerous and potentially dangerous dogs. 8. ANIMAL CRUELTY CASES: City will be responsible for veterinarian care or medicine costs pertaining to cruelty cases. City shall be consulted prior to seeking veterinarian service except for the emergency dispensation of medicine necessary for the comfort of a sick or injured animal. • City will pay an additional charge of $10 per day, after the initial seventy-two (72) hour period for animals impounded in cruelty cases. Limited space is available for large animals and must have prior approval from HSSV before brought here. 9. QUARANTINE: The Contractor agrees to provide facilities for animals impounded by City and in need of quarantine. City representatives shall complete a written request for quarantine provided by Contractor to specify holding time and requirements. • City will pay an additional charge of $15 per day, after the initial seventy-two (72) hour period for animals in quarantine. 10. SPECIAL HOLD: A request by the City to hold an animal for a required time due to individual circumstances. The request to hold the animal and the request to release the animal into our adoption program, return to owner, or euthanasia must be in writing. • City will pay an additional charge of $10 per day, after the initial seventy-two (72) hour period for animals with a special hold. 11. DISPOSAL OF ANIMALS: Contractor agrees to dispose of all animals in compliance with the provisions of City ordinances and state and federal laws. 12. RESERVATION OF RIGHT TO ANIMAL: Contractor may have, at its option, the right to any animal not claimed by the owner within the first seventy-two (72) hours after said animal is transferred to Contractor and may make arrangements with regard to the care of the animal as Contractor deems proper. • Except that: prior to a decision to euthanize an animal, Contractor shall first make a reasonable attempt to adopt the animal out or place it with an animal rescue service if the animal fits the adoptable pets criteria. • Except further: the City may authorize euthanizing an animal within the first seventy-two (72) hours if the animal is seriously injured or diseased with a recommendation from a Veterinarian. 13. RELEASE OF ANIMALS: Contractor shall post its office hours in a location visible to the public from the outside of the facility and shall be available during those hours to release animals to owners upon presentation of a proper release form issued by the City. 14. RIGHT TO REFUSE ANIMALS: Contractor reserves the right to refuse any animals brought in when it is deemed that Contractor does not have the appropriate facilities to accommodate the need of such animal or Contractor’s facilities are at its maximum capacity. 15. ANIMAL RESEARCH: No live animal impounded by City representatives or that City paid a charge for, and was unclaimed, shall be offered or released for research purposes. 16. SUSPENSION, TERMINATION, AND CLOSE-OUT: If Contractor fails to comply with the terms and conditions of this contract, City may pursue such remedies are legally available, including but not limited to, the suspension or termination of this contract. 17. CHANGES, AMENDMENTS, MODIFICATIONS: Either party may request changes to the contract. Any and all modifications shall be in writing and signed by each of the parties. 18. REPORTS AND INFORMATION: Contractor, at such time and in such form as City may require, shall furnish City with monthly reports, and as it may request, pertaining to the work or service undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 19. AUDITS AND INSPECTIONS: City or its representatives shall have the right to review and monitor financial and other components of the work and services provided and undertaken as part of this contract. 20. HOLD HARMLESS: Contractor agrees to indemnify and hold harmless the City, its appointed officers and employees, from and against all loss and expense, including attorney’s fees and costs by reason on any and all claims and demands upon City, its elected and appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of Contractor and its agents negligent performance of work associated with the contract. 21. INDEPENDENT CONTRACTOR STATUS: The parties intend that an independent contractor relationship between Contractor and City will be created by the agreement. No agent, employee, or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the City for any purposes, and the employees of the Contractor are not entitled to any of the benefits the City provides for City employees. Contractor shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this agreement. Contractor is responsible for all taxes applicable to this agreement. Contractor is not an agent of the City and does not have authority to bind the City to any fiscal or contractual obligation. 22. LIABILITY INSURANCE: Contractor shall procure and keep in force during the term of this Agreement, at Contractor’s own cost and expense, Commercial General Liability Insurance with companies authorized to do business in the State of Washington, which are rated at least “A” or better and with a numerical rating of no less than seven (7), by A.M. best Company and which are acceptable to the City. The policy shall be on an occurrence basis in an occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. The policy shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the required insurance during the term of this Agreement. Prior to the Contractor performing any Work, Contractor shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Contractor shall provide the City with either (1) a true copy of an endorsement naming Arlington, its offices, its employees and agents as Additional Insureds or (2) a true copy of the blanket additional insured clause from the policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Contractor’s obligations to fulfill the requirements. 23. GOVERNING LAW: This contract shall be governed by and constructed in accordance with the laws of the State of Washington, including any regulation, ordinance or other requirements of any governmental agency having or asserting jurisdiction over the services provided hereunder. 24. VENUE: In the event that any disputes arise over this contract, the venue of any legal action shall be that of Snohomish County, Washington. 25. SEVERABILITY: If any term of condition of this contract is held invalid, such invalidity shall not affect other terms, conditions, or application, which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the contract are declared severable. 26. WAIVER: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this contract shall be held to be waived, modified, or deleted except by an instrument in writing, signed by the parties hereto. 27. ENTIRE AGREEMENT: This written contract represents the entire contract between the parties and supersedes any prior oral statement, discussions, or understanding between the parties. 28. SUCCESSORS AND ASSIGNS: This contract shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided that no party hereto may assign this contract without the prior consent of the other party, which consent shall not be unreasonably delayed or withheld. 29. AUTHORITY: Each individual executing this contract on behalf of City and Contractor represents and warrants that such individual(s) are duly authorized to execute and deliver this contract on behalf of City or Contractor. 30. NOTICES: Any and all notices affecting or relative to this contract shall be effective if in writing and delivered or mailed to the respective party being notified at the addresses listed below: Contractor Contact City Contact Janine Ceja, Shelter Manager Nelson Beazley, Chief of Police Humane Society of Skagit Valley Arlington Police Department 18841 Kelleher Rd. 110 E Third St. Burlington, WA 98273 Arlington, WA 98223 IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date and year written. By: _______________________________ By: ________________________________ Barbara Tolbert, Mayor PRESIDENT ATTEST: __________________________________ By: ________________________________ Kristin Banfield, City Clerk TREASURER APPROVED AS TO FORM: __________________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #6 Attachment J COUNCIL MEETING DATE: November 5, 2012 SUBJECT: Resolution Adopting 2013 City Council Goals ATTACHMENTS: Resolution adopting Draft 2013 Goals Draft 2013 Goals DEPARTMENT OF ORIGIN Executive – Contact: Kristin Banfield 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: At the recent City Council retreat, the City Council and staff reviewed the 2011 goals and priorities and discussed directions for 2013. HISTORY: Council last adopted goals in 2011 that were carried forward into 2012. Council reviewed the draft goals and suggested revisions at the October 22, 2012 Council Workshop. Those revisions have been incorporated into this final draft. ALTERNATIVES Take no action RECOMMENDED MOTION: I move to approve the proposed Resolution adopting the 2013 City Council Goals. RESOLUTION NO. 2012-xxx RESOLUTION NO. 2012-xxx A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING THE 2013 CITY COUNCIL GOALS WHEREAS, the City Council, together with City staff, conducted a planning retreat on September 29, 2012; and WHEREAS, the City Council finds that formally adopting goals and priorities is a strong management tool and useful for determining if progress is being made as an organization; and WHEREAS, the City Council believes that formalizing its goals and priorities will help guide future City Council decisions regarding allocation of resources and budget; NOW, THEREFORE, BE IT RESOLVED, that the Arlington City Council adopts as its current goals and priorities the "City of Arlington 2013 City Council Goals", a true copy of which is attached hereto as Exhibit "A". PASSED by the City Council and APPROVED by the Mayor this _____ day of ______________________ 2012. CITY OF ARLINGTON _________________________________ Barb Tolbert, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: _______________________________ Steve Peiffle, City Attorney City of Arlington 2012 - 2013 City Council Goals Public Safety& Emergency Management ♦ Develop, adopt and implement plans for Public Safety Equipment needs (Fire/EMS & Police) ♦ Complete Fire Service Regionalization Study ♦ Council to complete ICS 100 by 12/31/13 to gain understanding of role/responsibility in an emergency. ♦ Establish bi-annual emergency management meetings with our partner agencies (Cascade Hospital & Arlington School District to improve our operational readiness for any emergency. ♦ Provide at least one emergency response training opportunity to all City of Arlington employees to reinforce the city’s response and recovery capabilities. ♦ Establish more neighborhood watch programs. Community & Economic Development ♦ Identify revenues for the construction of additional infrastructure and facilities for the Airport Business Park. ♦ Develop incentives for locating retail businesses in Arlington. ♦ Develop a “pre pre-app” process for retail zones. ♦ Adopt the West Arlington Design Guidelines and Form Based Codes. ♦ Encourage retail business development by promoting Arlington to attract visitors. ♦ Continue participation in and encouragement of “Buy Local” program. Launch awareness campaign with the Chamber of Commerce. Continue to support local sustainable farming. ♦ Continue efforts to fund installation of two additional gateway signs and five way-finder signs throughout Arlington. ♦ Develop a Local Improvement District to install infrastructure improvements in Island Crossing. ♦ Identify and develop revenues to construct drainage improvements on Prairie Creek to eliminate impact on businesses of the Jensen Farm Business Park. ♦ Establish Developer Economic Development Committee and build upon the partnerships the group presents. Identify partners and create meeting venue. ♦ Support partnerships to increase educational opportunities for manufacturing workforce. ♦ Complete the Transportation Comp Plan and evaluation of transportation impact fees. ♦ Get expanded UGA west of I-5 on the County docket. ♦ Study expanded UGA north of the Stillaguamish River. ♦ Decide what to do with the Brekhus-Beach development. ♦ Work with Puget Sound Regional Council (PSRC) to establish Arlington / Marysville as a Manufacturing Industrial Center (MIC). ♦ Continue to explore the potential use of the Transfer of Development Rights Program Transportation & Trails ♦ Complete construction of Airport Boulevard Phase 2. ♦ Complete reconstruction of 67th Ave NE and Centennial Trail between 204th St NE and Lebanon St. ♦ Develop plans for a secondary transportation grid / cross circulation in Smokey Point: o Construct 173rd from SP Blvd to Airport Blvd, Phase 1 & 3 (2013), Phase 2 (2014?). o Design 43rd South of 169th / 168th and pursue funding for construction. o Design 168th between 51st and SP Blvd and pursue funding for construction. o Perform a conceptual design, including alignment and planning level cost estimate, for a new road connecting 211th St NE to 59th Ave NE. ♦ Pursue funding to improve 172nd St NE from 43rd Ave NE to Hwy 9. If a new state road funding bill moves forward, make sure 172nd St NE. (SR531) is included in the funding package. ♦ Develop, fund and implement a Pavement Preservation Plan for the City ♦ Continue to analyze the formation of a Transportation Benefit District Outreach ♦ Continue participation in coalition of north county cities through the North County Mayors organization ♦ Continue Council representation in Snohomish County Tomorrow (SCT), Snohomish County Cities (SCC), Snohomish County Citizens for Improved Transportation (SCCIT) & Puget Sound Regional Council (PRSC). ♦ Increase lobbying of county, state & federal representatives on key issues: o Funding to improve SR 531 (172nd) between 43rd Ave NE and Highway 9 o Manufacturing property tax rebate to apply to Arlington sized jurisdictions or Manufacturing Industrial Center o Sex offender housing regulations – to meet city established limits on the number of non-family residents allowed per house ♦ Strengthen relationship with Stillaguamish Tribe through joint meetings, joint projects and joint funding. ♦ Continue efforts to bring “West Arlington” into our community – Smokey Point Citizens Committee ♦ Publish a minimum of three issues of the Arlington Update in 2013 ♦ Publish a minimum of one edition of the Yellow Pages per month in 2013. ♦ Publish weekly E-newsletters to provide up to date information to the community. ♦ Publish daily updates to social media outlets to provide up to the minute information to the community. ♦ Keep information on the City’s website current and continue to direct the public to the City’s website for current information. City Financial Planning ♦ Continue implementation of the citywide equipment replacement funding program. ♦ Rebuild reserves to levels called for in city adopted financial policies. ♦ Plan for future staffing, with special attention to public safety requirements. ♦ Complete Financial Analysis to determine if the purchasing of utilities in Smokey Point / West Arlington is feasible. ♦ Complete analysis on employee benefit programs. ♦ Improve the five-year budget projections. Expand and enhance volunteer opportunities Future Sports & Recreation needs ♦ Complete annexation and rezoning of Graafstra-Country Charm Area. ♦ Seek partnerships and funding opportunities for restroom facility, trail improvements, play facility improvements, and parking expansion at Haller Park.