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Home My WebLink About02-20-24 Council Meeting 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 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Don Vanney PLEDGE OF ALLEGIANCE ROLL CALL Mayor Don Vanney – Julie APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Michele Blythe 1. Minutes of the February 5 and February 12 Council meetings and ATTACHMENT A February 12, 2024 Council and Planning Commission joint meeting 2. Accounts Payable ATTACHMENT B 3. Sole Source Resolutions for Flow Meters and UV Bulbs ATTACHMENT C 4. Title VI Letter of Intent and Assurances ATTACHMENT D 5. Renewal of Interlocal Agreement with Snohomish Conservation District ATTACHMENT E PUBLIC HEARING NEW BUSINESS 1. Contract for Replacement of HVAC System in Police Department ATTACHMENT F and Council Chambers Staff Presentation: Paul Ellis Council Liaison: Michele Blythe 2. SCJ Contract Amendment #2 ATTACHMENT G Staff Presentation: Jim Kelly Council Liaison: Heather Logan Arlington City Council Meeting Tuesday, February 20, 2024 at 6:00 pm City Council Chambers – 110 E 3rd Street 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 711 (TDD only) prior to the meeting date if special accommodations are required. 3. Ordinance Amending Arlington Municipal Code Chapter 6.05 ATTACHMENT H Staff Presentation: Jim Kelly Council Liaison: Rob Toyer COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, February 5, 2024 Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Yvonne Gallardo-Van Ornam, Michele Blythe, and Jan Schuette. Council Members Absent: None. Staff Present: Mayor Don Vanney, Paul Ellis, Kristin Garcia, Jim Kelly, Amy Rusko, City Attorney Steve Peiffle, Bryan Terry, Rory Bolter, Mike Gilbert, Seth Kinney, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Leisha Nobach, Randy Nobach, Tara McIntosh, Paul Nieten, Heather Watland, John Cermak, Lindsey Dunn, Steve Maisch, Holly Sloan-Buchanan, Jay Lindberg, Lauren Hunter, and Nathan Senff. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT Jay Lindberg provided comments. CONSENT AGENDA Mayor Pro Tem Michele Blythe moved and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the January 16 and January 22 Council meetings and January 24, 2024 Special Council meeting. 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #109868, #109902 through #110007 dated December 31, 2023 for $1,292,289.98; and #109869 through #109901 dated January 3, 2024 through January 16, 2024 for a total of $180,160.95. 3. Acceptance of Right-of-Way and Temporary Construction Easements for the 74th Avenue Trail Project . Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting February 5, 2024 Page 2 of 3 PUBLIC HEARING Resolution to Amend City’s Fee Schedule Planning Manager Amy Rusko requested Council approve the resolution to amend the City’s fee schedule. The public hearing was opened at 6:11 p.m. With no one wishing to speak, the public hearing portion was closed at 6:11 p.m., and Council comments were opened. Councilmember Rob Toyer provided comments. The public hearing was closed at 6:13 p.m. Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to approve the amendments proposed to the fee resolution, as presented, and authorized the Mayor to sign the resolution. The motion passed unanimously. NEW BUSINESS Appointment of New Councilmember for Vacant Position No. 2 City Administrator Paul Ellis requested Council make a motion to appoint one of the seven applicants interviewed January 24, 2023, to fill vacant Position No. 2 of the Arlington City Council. Councilmembers Jan Schuette and Debora Nelson provided comments. Councilmember Michele Blythe moved, and Councilmember Yvonne Gallardo-Van Ornam seconded the motion to appoint Leisha Nobach to fill vacant Position No. 2 of the Arlington City Council. The motion passed unanimously. Request for Permit Fee Waiver City Administrator Paul Ellis requested Council waive the permit fee for the York House demolition project. Historically, permit fees have been waived for City projects. Councilmember Yvonne Gallardo-Van Ornam moved, and Councilmember Michele Blythe seconded the motion to approve waiving permitting fees for the York House demolition project. The motion passed unanimously. Resolution Authorizing a Petty Cash Fund and Change Drawers Finance Director Kristin Garcia requested Council approve a resolution to authorize a petty cash fun and change drawers. The resolution will replace Resolution No. 2019-004 which increased the opening change fund amount for the finance department. Mayor Pro Tem Michele Blythe moved, and Councilmember Rob Toyer seconded the motion to approve a resolution replacing Resolution No. 2019-004 and authorizing a petty cash fund and change drawers and authorized the Mayor to sign it. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting February 5, 2024 Page 3 of 3 Award of 640 Zone Booster Pump System Bid to Pump Tech Public Works Director Jim Kelly requested Council approve a contract with Pump Tech for a 640 Zone Booster Pump System for the fabrication, testing, certification, and delivery of a skid-mounted booster pump system. Councilmember Debora Nelson moved, and Councilmember Michele Blythe seconded the motion to approve a contract with Pump Tech and authorized the Mayor to sign the contract, subject to final review by the City Attorney. COMMENTS FROM COUNCILMEMBERS None. ADMINISTRATOR & STAFF REPORTS None. MAYOR’S REPORT None. EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an executive session for discussion of pending or potential litigation [RCW 42.30.110(1)(i)] to last no longer than 25 minutes. City Council was dismissed and went into an executive session at 6:33 p.m., and reconvened at 6:58 p.m. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:58 p.m. _________________________________________ Don E. Vanney, Mayor DRAFT Page 1 of 1 Council Chambers 110 East 3rd Street Monday, February 12, 2024 Councilmembers Present: Michele Blythe, Yvonne Gallardo-Van Ornam, Rob Toyer, Leisha Nobach, Jan Schuette, and Heather Logan. Councilmembers Absent: Debora Nelson, excused. Planning Commission Members Present: Gayle Roeber and Nathan Senff. Planning Commission Members Absent: Melissa Johnson and Jennifer Benton. Staff Present: Mayor Don Vanney, Paul Ellis, Marc Hayes, Amy Rusko, Bryan Terry and Julie Petersen. Also Known to be Present: Kathy Vanney, PUD Staff representatives: Jessica Spahr, Alex Chorey, Garrison Marr, Scott Gibson, Brenda White, Mark Oens, Guy Payne, and Ameresco Staff representatives: Jacquie DeRosa, Patrick Shoop, and Brian Solan. Mayor Don Vanney called the meeting to order at 5:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote. DISCUSSION ITEMS – NO FINAL ACTION WAS TAKEN Mayor Don Vanney introduced Snohomish PUD Senior Manager Garrison Marr, Alex Chorey, Principal Engineer, and Jessica Spahr, Program Manager who shared the Arlington Battery Energy Storage System PowerPoint presentation that described the continuous plans and the forecasts for increasing customer usage. Discussion followed with PUD representatives answering Council questions. ADJOURNMENT The joint meeting was adjourned at 5:43 p.m. _________________________________________ Don Vanney, Mayor Minutes of the Arlington City Council and Planning Commission Joint Meeting DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, February 12, 2024 Councilmembers Present: Leisa Nobach, Heather Logan, Rob Toyer, Michele Blythe, Yvonne Gallardo-Van Ornam, and Jan Schuette. Council Members Absent: Debora Nelson, excused. Staff Present: Mayor Don Vanney, Jim Kelly, Kris Wallace, Paul Ellis, Kristin Garcia, Jonathan Ventura, Bryan Terry, City Attorney Steve Peiffle, and Julie Petersen. Also Known to be Present: Kathy Vanney, Holly Sloan-Buchanan, Steve Maisch, and Kevin Duncan. Mayor Don Vanney called the meeting to order at 6:00 pm APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Yvonne Gallardo-Van Ornam seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Sole Source Resolutions for Flow Meters and UV Bulbs Public Works Director Jim Kelly reviewed a request to reissue Teledyne Isco a sole source resolution for open channel flow metering equipment and services and reissue a sole source resolution to Berson Ultraviolet Systems for UV bulbs and equipment. The Utilities Department uses Teledyne Isco flow meters for open channel flow metering for the sewer and storm departments, staying with a common-based flow meter greatly facilitates maintenance and data programming. The City Council previously issued a Sole Source Resolution for Teledyne Isco flow metering equipment and services, but this resolution has expired. Discussion followed with Mr. Kelly answering Council questions. Title VI Letter of Intent and Assurances Public Works Director Jim Kelly reviewed the compliance with federal non-discrimination policies and laws that are required for the City to receive federal transportation funding. In 2023, the City of Arlington received federal funding for transportation projects and has completed the required federal Accomplishments & Goals Report. This report has been submitted for 2023. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop February 12, 2024 Page 2 of 3 Since WSDOT is Arlington’s certifying agency, the City complies with the WSDOT Title VI Plan. Annually, the City must certify to WSDOT that we will continue to comply with their Title VI Plan and certify to the federal government that we will comply with the USDOT Standard Title VI/Non-Discrimination Assurances. Both assurances were included as attachments with the CAB and require the Mayor’s signature. Discussion followed with Mr. Kelly answering Council questions. Renewal of Interlocal Agreement (ILA) with Snohomish Conservation District Public Works Director Jim Kelly reviewed the renewal of Snohomish Conservation District for 2024 through 2028 to provide stormwater conservation and youth education programs. Renewal of this ILA will continue the needed stormwater education and outreach program, along with other stormwater projects to assist Arlington in meeting its NPDES-Phase 2 permit requirements. As part of the City’s NPDES-Phase 2 Stormwater permit, the City is required to provide stormwater education and outreach services. The Snohomish Conservation District and the City of Arlington have jointly coordinated over the past years on providing stormwater education and outreach programs such as neighborhood-centered rain garden education programs, installation of the rain garden at the Depot, and direct school classroom outreach (ex 2018: 25 classes, 528 students, 22 adults). SCJ Contract Amendment #2 Public Works Director Jim Kelly reviewed contract amendment #2 with SCJ Alliance for the design of the 211th Place Corridor Restoration project. The City of Arlington contracted with SCJ Alliance in April 2023 for the design of the 211th Place Corridor. This is a grant-funded project that will be upgrading 211th Place between 67th Avenue and SR 530. This amendment includes improvements to the 211th Water Main, additional geotechnical work, and preparation of an Archeological Discovery Plan needed for archeological items found at the project site. Discussion followed with Mr. Kelly answering Council questions. December 2023 Financial Report Finance Director Kristin provided the financial report summarizing the fiscal year 2023. Discussion followed with Ms. Garcia answering Council questions. Police Quarterly Report Chief Jonathan Ventura provided the First Quarter 2024 police report. Discussion followed with Chief Ventura answering Council questions. North County Regional Fire Authority (NCRFA)Quarterly Report NCRFA Deputy Chief of Operations Dave Kraski provided the Fourth Quarter 2023 fire report. Minutes of the City of Arlington City Council Workshop February 12, 2024 Page 3 of 3 ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis reminded Councilmembers that Monday, February 19 is President’s Day holiday, and the regularly scheduled council meeting will be Tuesday, February 20. MAYOR’S REPORT Mayor Vanney shared he has been busy meeting with citizens and local public officials. COMMENTS FROM COUNCILMEMBERS Councilmember Yvonne Gallardo-Van Ornam announced that those who are interested in voting in the Conservation District are open, and you can request a ballot by going to https://snohomishcd.org. She also reminded everyone to vote tomorrow in the school's special elections. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the consent agenda for the February 20 Council meeting. Agenda items 1-3 will be coming forward at the February 19 Council meeting. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:42 p.m. _________________________________________ Don Vanney, Mayor City of Arlington Council Agenda Bill CA #2 Attachment February 20, 2024 Accounts Payable Claims Approval Claims Approval Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: City of Arlington February 20th, 2024 Council Meeting Claims Certification: We, the undersigned City Council of the City of Arlington, Washington do hereby certify that the merchandise or services hereinafter specified have been received and that: Approval of Petty Cash Check #2030; EFT Payments and Claims Checks #110008 through #110110 dated January 17th, 2024 through February 5th, 2024 for $668,350.73 Approval of Payroll EFT Payments and Check #30334 through #30342 dated January 1st, 2024 through January 31st, 2024 in the amount of $1,403,305.37 City of Arlington Council Agenda Bill CA #3 Attachment February 20, 2024 Sole Source Resolutions and Letters from Manufacturers showing Authorized Distributor for Washington State Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $60,000 estimate (includes tax) BUDGET CATEGORY: Wastewater Operating Fund (Repair/Maintenance) BUDGETED AMOUNT: $135,000 – Repair/Maint Sewer 2024 $ 25,000 – Repair/Maint Storm 2024 LEGAL REVIEW: DESCRIPTION: of UV Bulbs for the wastewater department. The Utilities Department uses Teledyne Isco flow meters for open channel flow metering for the sewer and storm departments, staying with a common based flow meter greatly facilitates maintenance and data programming. City Council previously issued a Sole Source Resolution for Teledyne Isco flow metering equipment and services, but this resolution has expired. The City’s Water Reclamation Facility (WRF) uses an Aquionics Ultraviolet (UV) disinfection system to treat effluent prior to discharge in the Stillaguamish River. A sister company to Aquionics, Berson Ultraviolet Systems, produces the ultraviolet bulbs specified and warrantied to meet the NPDES permit required level of disinfection. To be fully compliant with the WRF’s NPDES permit, the only bulbs the City can procure for the UV system are Berson UV bulbs sold exclusively by Aquionics. City Council previously issued a Sole Source Resolution for Berson Ultraviolet Systems, but this resolution has expired. Staff is requesting that Council reissue Teledyne Isco a sole source resolution for open channel flow metering equipment and services and reissue a sole source resolution to Aquionics. ALTERNATIVES: Remand to staff for additional information. I move to approve the sole source resolutions for Aquionics and Teledyne ISCO and authorize the Mayor to sign them. RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY OF ARLINGTON TO WAIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF NEW ULTRAVIOLET BULBS FOR USE BY THE CITY OF ARLINGTON WASTEWATER DEPARTMENT WHEREAS, the City of Arlington Wastewater Department treats wastewater for all of its customers; and WHEREAS, to maintain the consistency of parts, ensure the warranty of the UV System at the Wastewater Treatment plant, and avoid the cost associated with repairs to the system that may occur using non genuine original equipment manufacturer (OEM) replacement parts, a supplier of OEM ultraviolet bulbs is required; and WHEREAS, Aquionics (a sister company to Berson, the original manufacturer) has provided the City of Arlington with its existing UV bulbs, and Aquionics is the sole source representative authorized to sell UV Bulbs; and WHEREAS, RCW 35.23.352(9) permits the waiving of bidding requirements for the purchase of materials which are clearly and legitimately limited to a single source of supply or services which are subject to special market conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, as follows: Section 1: The City Council of the City of Arlington finds that replacing ultraviolet bulbs with OEM bulbs clearly limits the City of Arlington to a single source of supply, justifying the waiver of competitive bidding requirements. Section 2: The City Council of the City of Arlington hereby waives the bidding requirements for the purchase of Ultraviolet Bulbs for use by the City of Arlington Wastewater Department and authorizes sole source purchasing from Aquionics. Section 3: This resolution will be effective for three (3) years from the date of adoption. APPROVED by the Mayor and City Council of the City of Arlington this 20th day of February, 2024. CITY OF ARLINGTON __________________________ ATTEST: Don E. Vanney, Mayor _____________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _____________________________ Steven J. Peiffle, City Attorney RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY OF ARLINGTON TO WAIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF NEW ULTRAVIOLET BULBS FOR USE BY THE CITY OF ARLINGTON WASTEWATER DEPARTMENT WHEREAS, the City of Arlington Wastewater Department treats wastewater for all of its customers; and WHEREAS, to maintain the consistency of parts, ensure the warranty of the UV System at the Wastewater Treatment plant, and avoid the cost associated with repairs to the system that may occur using non genuine original equipment manufacturer (OEM) replacement parts, a supplier of OEM ultraviolet bulbs is required; and WHEREAS, Aquionics (a sister company to Berson, the original manufacturer) has provided the City of Arlington with its existing UV bulbs, and Aquionics is the sole source representative authorized to sell UV Bulbs; and WHEREAS, RCW 35.23.352(9) permits the waiving of bidding requirements for the purchase of materials which are clearly and legitimately limited to a single source of supply or services which are subject to special market conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, as follows: Section 1: The City Council of the City of Arlington finds that replacing ultraviolet bulbs with OEM bulbs clearly limits the City of Arlington to a single source of supply, justifying the waiver of competitive bidding requirements. Section 2: The City Council of the City of Arlington hereby waives the bidding requirements for the purchase of Ultraviolet Bulbs for use by the City of Arlington Wastewater Department and authorizes sole source purchasing from Aquionics. Section 3: This resolution will be effective for three (3) years from the date of adoption. APPROVED by the Mayor and City Council of the City of Arlington this 20th day of February, 2024. CITY OF ARLINGTON __________________________ ATTEST: Don E. Vanney, Mayor _____________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _____________________________ Steven J. Peiffle, City Attorney January 2, 2024 Attention: To Whom It May Concern Subject: Sole Source Letter This is to certify that Teledyne ISCO, a business unit of Teledyne Instruments, Inc. is the sole manufacturer of Teledyne ISCO and QCEC automatic water/wastewater sampling and flow monitoring equipment. These items include but are not limited to flowmeters, samplers, rain gauges, connecting cables, and associated hardware, as well as operational and flow management software. Equipment and parts can be obtained either directly from Teledyne ISCO or through our local representative, Whitney Equipment Company, Inc. Whitney Equipment Company, Inc., with offices located at 16120 Woodinville-Redmond Road NE, Suite 3, Woodinville, WA 98072, is the authorized exclusive Teledyne ISCO Sales Representative and Distributor for the following territory: Alaska Idaho north of and including the county of Idaho Oregon Washington This letter is valid until November 30, 2024. Best Regards, Patricia Bishop Contracts Specialist Teledyne ISCO, a business unit of Teledyne Instruments, Inc. City of Arlington Council Agenda Bill CA #4 Attachment February 20, 2024 Title VI Annual Plan Assurances Letter of Intent to Comply with WSDOT Title VI Plan United States Department of Transportation (USDOT) Title VI Nondiscrimination Assurances and Title VI Report for 2023 Public Works, Jim Kelly, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Updated Letter of Intent to Comply with WSDOT Title IV Plan and USDOT Standard Title VI/Non-Discrimination Assurances. Compliance with federal non-discrimination policies and laws are required for the City to receive federal transportation funding. In 2023 the City of Arlington received federal funding for transportation projects and has completed the required federal Accomplishments & Goals Report, this report has been submitted for 2023. Since WSDOT is Arlington’s Certifying Agency, we comply with the WSDOT Title VI Plan. Annually, we must certify to WSDOT that we will continue to comply with their Title VI Plan and also certify to the federal government that we will comply with the USDOT Standard Title VI/Non-Discrimination Assurances. Both assurances are included with this CAB and require the mayor’s signature. ALTERNATIVES: Remand to staff for additional information. I authorize the Mayor to sign the Letter of Intent to comply with WSDOT Title VI requirements, and the USDOT Standard Title VI Assurances for 2024. 1 The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The City of Arlington (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through Washington State Department of Transportation (WSDOT), is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, "for which the Recipient receives Federal financial assistance from DOT, including the Washington State Department of Transportation. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard 2 to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal-Aid Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The City of Arlington, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: 3 a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, City of Arlington also agrees to comply (and require any sub-recipients, sub- grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the WSDOT access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the WSDOT. You must keep records, reports, and submit the material for review upon request to WSDOT, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The City of Arlington gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Administration. This ASSURANCE is binding on Washington State Department of Transportation, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal-Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. City of Arlington (Name of Recipient) by ___________________________________ (Signature of Authorized Official) DATED________________________________ A APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, A unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. B APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the City of Arlington will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United States Code, the Regulations for the Administration of Washington State Department of Transportation, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Arlington all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto City of Arlington and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Arlington, its successors and assigns. The City of Arlington, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Arlington will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re- enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) C APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Arlington pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, City of Arlington will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the City of Arlington will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Arlington and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) D APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by City of Arlington pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, City of Arlington will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, City of Arlington will there upon revert to and vest in and become the absolute property of City of Arlington and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Appendix 28.92 Letter of Intent to Comply with WSDOT Title VI Plan In lieu of adopting a Title VI Plan, the agrees to comply with the WSDOT Title VI Plan. The assures that no person shall on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. The further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not. The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the definition of terms “programs or activities” to include all programs or activities of federal aid recipients, sub-recipients, and contractors/consultants, whether such programs and activities are federally assisted or not (Public Law 100259 [S.557] March 22, 1988). In the event the distributes federal aid funds to a sub-recipient, the of will include Title VI language in all written agreements and will monitor for compliance. The is responsible for initiating and monitoring Title VI activities, collecting data, preparing reports (including Appendix 28.93) and other responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 49 Code of Federal Regulation, WSDOT Title VI Plan, and the WSDOT Local Area Guidelines manual. Signature Title Date Executed Name and Title of Public Works/Transportation Manager Email Address Name and Title of Title VI Coordinator Washington State Department of Transportation Email Address Required Attachment: signed, unaltered USDOT1050.2a, Standard Title VI Assurances DOT Form App 28.92 Revised 01/2022 Report for January 2023 through December 2023 TITLE VI ACCOMPLISHMENTS & GOALS REPORT This outline is for LPA and other governmental entities to report Title VI activities that occurred over the past year and report Title VI goals for the upcoming year. Reports must be returned on or before due date to meet eligibility requirements for federal funding. Send to TitleVI@WSDOT.wa.gov DUE DATES: Refer to Section 28.3 for scheduled reporting period and due date Contact Information Name and title of administrator (signature on Standard Assurances): Barbara Tolbert, City Mayor Mailing Address: 238 N Olympic Avenue City: Arlington WA Zip Code: 98223 County: Snohomish Phone #: 360-403-3442 email address: btolbert@arlingtonwa.gov Name and title of head of transportation-related services: Jim Kelly, Public Works Director Mailing Address: 238 N. Olympic Avenue City: Arlington WA Zip Code: 98223 County: Snohomish Phone #: 360-403-3505 email address: jkelly@arlingtonwa.gov Name and title of designated Title VI coordinator*: Kris Wallace, PW Staff Accountant Mailing Address: 238 N Olympic Avenue City: Arlington WA Zip Code: 98223 County: Snohomish Phone #: 360-403-3538 email address: kwallace@arlingtonwa.gov *When the Title VI coordinator changes, notify TitleVI@WSDOT.wa.gov within 30 days. To comply with Title VI requirements, each annual report submission must include signed Standard Assurances (USDOT1050.2A). Accomplishments 1. Have there been any changes to the approved Title VI Plan that have not been reported to OEO? If Yes, please submit an update to the Title VI Plan with a new signature. There have not been any changes to the Title VI Plan. 2. Organization, Staffing, Structure – Describe the Title VI Program reporting structure including the Title VI Coordinator, Administrative Head, and transportation-related staff. The list should include name, race, color, and national origin of each individual. Include the same details if your LPA has a volunteer or appointed board related to transportation decision making. Title VI Coordinator – Public Works Accountant – Kris Wallace, Caucasian, USA No Changes were made to the 2023 Organizational Chart, see Exhibit A Page 2 of 13 Appendix 28.93 3. Community Demographics – Using a map of the LPA’s boundaries, describe the demographics of the LPA’s service area (e.g., race, color, national origin, low-income). List, by individual languages, the percent of the population(s) that is limited English proficient. Race https://statisticalatlas.com/place/Washington/Arlington/Race-and-Ethnicity • White - 84.3% - 15.8K • Hispanic – 7.7% - 1,448 • Black – 1.1% - 201 • Asian – 2.4% - 443 • Mixed – 2.9% - 541 • Other - 1.7% - 318 Language https://data.census.gov/cedsci/profile?g=1600000US5302585 • English only – 83.1% • Spanish – 10.4% • Other Indo-European – 1.5% • Asian % Pacific Island – 4.7% • Other – 0.3% • 16.9% speak other than English spoken at home Income https://data.census.gov/cedsci/profile?g=1600000US5302585 The population of Arlington is 19,868, up from 17,923 in 2010. The median household income is $89,587, with a poverty rate of 7.4%+/- 3.8%. 12.2% +/- 1.9% of Arlington’s population are veterans. 14.7% +/- 2.3% of the population in Arlington is considered to have a disability. https://statisticalatlas.com/place/Washington/Arlington/Food-Stamps Page 3 of 13 Appendix 28.93 4. Complaints – Provide a copy of the LPA’s Title VI complaint log, including new Title VI complaints received during this reporting period and any still pending. Include the basis of the complaint (race, color, national origin) and describe the disposition (status/outcome). No complaints were received. Please see Exhibit B for the City of Arlington’s Title VI Complaint log, Exhibit C for City of Arlington’s Complaint Form in English, and Spanish. The complaint forms are posted on the City’s website. 5. Planning – Describe the transportation planning activities performed this reporting period. Describe the actions taken to promote Title VI compliance regarding transportation planning, including monitoring and review processes, community involvement, their outcome or status. Include examples of community outreach. 2024 Utility Improvement & Pavement Preservation – The City of Arlington’s yearly overlay project includes pavement repair and full overlay, planning, construction of ADA Ramps, pavement markings, and water line replacements and utility adjustments. Community outreach during the planning process included placing a project page onto the City’s website. 169th Street Connector – Project was in the planning and initial design phase in 2023. The project will include the construction of a two-way roadway with a 12-foot wide multi use trail from its current dead-end east of Smokey Point Blvd to the newly developer constructed 168th St East of Walmart and connect to 40th Ave where there is a newly installed signal. Outreach included placing a project page onto the City’s website. Public outreach included a month long online public survey. The survey was advertised with postcards being mailed to all project area residents and businesses (see Exhibit D), weekly E-News and social media postings and updates to the City’s project webpage. Smokey Point Corridor – Project has been in the design phase since 2020. The project will include the redesign of Smokey Point Blvd from 174th Pl to 200th St. In 2023 community involvement included an on-line design survey for the community to respond and provide input and a bike group outreach. The on-line survey was advertised on social media, City E-Newsletter, the City’s website, and project page (see Exhibit E for summary). The bike group outreach included plans and a short survey regarding bike lanes. This was sent to all the bike groups in Snohomish County (see Exhibit F for the outreach packet). 211th Corridor Improvements - Project was in the planning and the design phase in 2023. The project will include pavement preservation of the existing roadway and the installation of a 12-foot wide multi use trail along the southside of the street, street lighting, ADA curb ramps, upgrades to utilities, and landscaping. Community outreach included an on-line survey (see Exhibit G for summary) and a neighborhood pop-up event. The survey was advertised with direct mailers to the neighborhood, social media, City E-Newsletter, the City’s website, and project page. The pop-up event was advertised with direct mailers to neighborhood and door tags (see Exhibit H) social media, City E-Newsletter, City’s website, and project page. Division/Broadway Restoration – Project was in the planning and design phase in 2023. Project will be repaving the existing asphalt on Division and Broadway from the roundabout at West Ave to SR 530/Burke Ave. The work will also include upgrading the current roundabouts on Division at West and Broadway by constructing raised truck aprons, improve channelization, and increase pedestrian safety with upgraded curb ramps and enhanced crosswalks with flashing beacons at the Broadway/Gilman and Centennial Trail crossings. Community outreach included an online project survey (see Exhibit I for summary) and an in person open house with survey (see Exhibit J for completed surveys). Both Page 4 of 13 Appendix 28.93 events were advertised with direct mailings to the neighborhood, social media, City E-Newsletter, the City’s website and project page. City of Arlington website has an option available to residents to view/read/navigate the website in over 100 different languages. In 2021, the City installed a translation service on all its capital projects webpages for the public to use on all attached documents. Exhibit K shows the language options available on the City’s website, and Exhibit L shows the instructions on how to translate a document. 6. Right-of-way actions – Describe activities during this reporting period associated with the purchase, sale, lease/use, or transfer of real property (related to highway transportation/public right-of-way use). Include demographic information of affected populations. For example, the race, color, national origin of affected property/business owners(s)/tenant(s). 204th/74th Intersection, this project is to install a 4-way signal system at the intersection of 204th St and 74th Ave with ADA ramps and crosswalks. In anticipation of the upcoming development and the project construction the developer listed below dedicated the right-of-way to the city: • Arlington Town Center, LLC 74th Ave Trail, this project is to install a of a 12-foot multi use trail from the current trail end on Arlington Valley Road to the intersection at 74th Ave and 204th St. In anticipation of the project construction a Temporary Construction Easement (TCE) or right-of-way (ROW) was purchased from the following owners and businesses: • West Edge Development – TCE Completed, Caucasian, USA for all members • Puget Sound Kidney Center, Tom DeBord– ROW in process , Caucasian, USA • West Edge Development – ROW in process, Caucasian, USA for all members 211th Place Corridor Improvements, this project will include pavement preservation of the existing roadway and the installation of a 12-foot wide multi use trail along the southside of the street, street lighting, ADA curb ramps, upgrades to utilities, and landscaping. To begin preparation for the right-of- way procurement the City hired an appraiser and acquisition firm. No property was purchased in 2023. Smokey Point Blvd / 188th St Roundabout project, this project is part of the Smokey Point Corridor Improvement project and will install a roundabout at the intersection of Smokey Point Blvd and 188th St NE with ADA ramps, sidewalks, and lighting. To begin preparation for the right-of-way procurement the City hired an appraiser and acquisition firm. No property was purchased in 2023. 7. Identify right-of-way appraisers and acquisition staff (used during this reporting period) by race, color, national origin. Right of way acquisition staff, Commonstreet Consulting • Theodore Parry – Caucasian, USA • Lorelei Konvalin – Caucasian, USA • Chris LaBonte – Caucasian, USA • Jessica Brown – African American, USA • Stephanie Golly – Caucasian, USA Right-of-way acquisition staff, Universal Field Services • Leslie Finigan – Caucasian, USA Page 5 of 13 Appendix 28.93 • Kelly McGill – Caucasian, USA • Brenda Tegman – Caucasian, USA • Anthony McDonald – 2 or more races, USA • Ron Sharp – Caucasian, USA Appraisal Staff, Sova Consulting • Matthew Sloan – Caucasian, USA Appraisal Review Staff, ABS Valuation • Jim Dodge, Caucasian, USA 8. Studies and Plans – Were any transportation studies (including environmental reviews) conducted or transportation plans completed during this reporting period? Identify the data source(s) and provide data summary (Title VI/Environmental Justice Analysis) relative to ethnicity, race, languages spoken, neighborhoods, income levels, physical environments, and/or travel habits. Explain how data was used in these studies/reviews/plans. 169th Connection: This project is currently in the design phase A Drainage Report began in 2022 and was completed on this project in 2023 (see Exhibit M). Further critical areas reports will be completed in 2024. 211th Corridor Improvements: This project is currently in the design phase with the completion of the 30% design and the 60% design in 2023. A Stormwater Drainage Memo, Cultural Resources Study, traffic counts, turning movement analysis, a geotechnical investigation, and draft drainage report was completed in 2023 (see Exhibit N for the cultural resource analysis). The final report is pending final stormwater design criteria. Wetlands work will also be completed in 2024. Smokey Point Blvd Corridor: This project has been in the design phase since 2020 and is currently completing its NEPA. Studies completed include traffic counts, turning movement analysis, drainage, asphalt condition assessment, geotechnical investigation, cultural resource study, noise analysis, EJ analysis, and right-of-way and temporary construction easement appraisals. Division/Broadway Restoration: This project is currently in the design phase with the completion of the 30% plans in 2023. Studies conducted this period included NEPA, pavement analysis, drainage memo, and safety and alternatives analysis (see Exhibit O for the general demographic character from the NEPA). 90% plans and 100% plans will be completed in 2024. 9. Project Location and Design – Provide a list of construction projects that began during this reporting period. Using a map of the LPAs service area, identify project locations, and a brief description of the projects’ benefits/burdens to affected populations. If possible, provide a map that overlays projects with the racial composition of affected neighborhoods. Race and Ethnicity maps for the City of Arlington are below, followed by locations where street construction projects occurred in 2023. https://statisticalatlas.com/place/Washington/Arlington/Race-and-Ethnicity Page 6 of 13 Appendix 28.93 Map of Race and Ethnicity by Block Group in Arlington – Caucasian Map of Race and Ethnicity by Block Group in Arlington – Hispanic Page 7 of 13 Appendix 28.93 Map of Race and Ethnicity by Block Group in Arlington – Black Map of Race and Ethnicity by Block Group in Arlington –Asian Page 8 of 13 Appendix 28.93 Map of Race and Ethnicity by Block Group in Arlington – Mixed Map of Race and Ethnicity by Block Group in Arlington – Other Page 9 of 13 Appendix 28.93 2023 Utility Improvement & Pavement Preservation, overall impact to Arlington residents was minimal. This annual project replaces old AC water mains, installs new ADA ramps, and resurfaces the roadway of existing roads. Benefits include improved roads, updated ADA ramps, and new water mains. • Woodlands Way - 4 • S Cedarbough Loop – 5 • Oakwood Pl – 6 • Shady Grove Pl - 7 • 59th Ave NE - 2 • 195th St NE - 1 • 66th Ave NE - 3 *The numbers on the map correlate with the numbers next to the streets. Page 10 of 13 Appendix 28.93 10. Other Public Meetings – List other public meetings held during this reporting period. Identify efforts used to encourage citizen participation at those meetings. Detail dates, times, locations, attendance, and provide examples of outreach materials. In 2023, all city public meetings were in person with a virtual option. All meeting information is posted on the City of Arlington website, see Exhibit P. • City Council Meetings o Regular council meetings are held every other Monday at 6:00 PM, except for the month of August, unless otherwise cancelled. Meetings are posted on the City’s website, and on the City of Arlington Facebook and Twitter accounts. Meeting is held at 110 E 3rd St, Arlington or through Zoom. • Planning commission o Regular planning meetings are 1st and 3rd Tuesday at 6:30 PM unless Monday is a holiday, in which case, the meetings are moved to the following Thursday. Meetings are held in the council Chambers at 110 E 3rd St. Arlington. • Youth Council o Regular youth council meetings are held on the 2nd Thursday at 5:30 PM every month and sometimes the 4th Thursday. • Park, Arts & Recreation Commission o Regular PARC meetings are held the 4th Tuesday of every month at 6:00 PM via zoom or in person. Meetings are announced on the City Meeting Calendar. • Civil Service Commission o Regular Civil Service Meetings are held on the 1st Wednesday of most months at 9:00 AM in Butner Boardroom at 110 E 3rd St. Arlington. • Citizen Salary Commission o The Citizen Salary Commission meets every other year, and generally takes place in the first of the year. • Cemetery Board o The Cemetery Board meets the third Tuesday of every other month at 2:30 PM via Zoom or in person. • Airport Commission o The Airport Commission meetings are held the 2nd Tuesday of every month at 6:00PM in Putnam Hall at 18204 59th Dr. NE. Arlington or via Zoom. Identify members of the LPA’s transportation planning and/or advisory groups by race, color, and national origin Planning Commission • Mike Thomas - Caucasian • Melissa Johnson - Caucasian • Gayle Roeber – Caucasian • Nathan Senff – Declined to answer. • Jennifer Benton – Declined to answer. Public Works • James Kelly – Caucasian, USA • Ryan Morrison – Caucasian, USA • Kris Wallace – Caucasian, USA Page 11 of 13 Appendix 28.93 Specify methods used to collect demographic information from the transportation-related public meetings. (Self-identification surveys, notes by staff, etc.) Include summaries of Public Involvement Forms collected at each meeting, listing the demographics of those who attended by meeting. In January the city hosted an online survey for the 211th Corridor Improvement project for the initial design. The survey was open for one month. (see Exhibit G for survey analysis) In July 2023 the city hosted a pop-up open house for the 30% design of the 211th Corridor Improvement project. The pop- up event was advertised through the weekly E-News, social media, post card mailers, and door hangars to the residents and businesses directly affected. In February 2023 the City hosted an on-line survey showing the initial design and requesting more community feedback for the Division / Broadway Restoration project. This survey closed at the end of February. Letters (Exhibit Q) were mailed out to all affected houses and businesses with the link and dates open, it was posted in the weekly E-newsletter on social media, and it was posted on the City’s website project page. An in person open house for this project was in September, it included design exhibits and a Q & A session for the citizens in attendance. See Exhibit J for open house completed surveys. In April the City conducted an online survey for the 169th Connection project. This survey was open for one month and was advertised with direct mailers to the project area businesses and residence, weekly on E- Newsletter and social media, the City’s website and on the project webpage (see Exhibit D for postcard). In July the City hosted an on-line design elements survey. This survey was open for two weeks and was advertised weekly via social media and the city E-Newsletter, and on the City’s website and project page (see Exhibit E). List any language assistance services requested. For which languages? Who provided the service? In addition, list vital documents translated during the reporting period and identify the languages. No requests for assistance were received by the City. No vital documents were required to be translated. All materials supplied are available on the City’s website where translation service is available. 11. Transportation-related Construction and Consultant Contracts (if applicable) – Briefly describe the process used to advertise and award construction contracts during this reporting period. Include the process for negotiated contracts (e.g., consultants). 2023 Utility Improvement & Pavement Preservation, Reece Construction. The City advertised for two weeks in the Daily Journal of Commerce and the Everett Herald, on the city website and with Builders Exchange of Washington (BXWA). Upon closing, a virtual bid opening occurred, and the bids were announced. The preliminary bid is posted on the City website, and then the bids are verified. The certified bid is posted online, and the lowest responsible bidder is chosen. Contract taken through city council process for award signature authorization. 204th St / 74th Ave Intersection Improvement, Reece Construction. The City advertised for two weeks in the Daily Journal of Commerce and the Everett Herald, on the city website and with Builders Exchange of Washington (BXWA). Upon closing, a virtual bid opening occurred, and the bids were announced. The preliminary bid is posted on the City website, and then the bids are verified. The certified bid is posted online, and the lowest responsible bidder is chosen. Contract taken through city council process for award signature authorization. Division/Broadway Restoration Project, LDC. The City advertised for 3 weeks in the Daily Journal of Commerce, the Everett Herald, and the City’s website. Upon closing statements of qualifications were opened and interviews were conducted. After all interviews the team scored each company and the company with the highest score is chosen. See Exhibit R for scoring sheet and Exhibit S for interview Page 12 of 13 Appendix 28.93 questions. This project went to bid and closed in 2022 but was awarded in 2023. Contract taken through city council process for award signature authorization. 211th Corridor Improvement, SCJ Alliance. The City advertised for 3 weeks in the Daily Journal of Commerce, the Everett Herald, and the City’s website. Upon closing statements of qualifications were opened and interviews were conducted. After all interviews the team scored each company and the company with the highest score is chosen. Contract taken through city council process for award signature authorization. 2024/2025 Utility Improvement & Pavement Preservation, Parametrix. The City advertised for 2 weeks in the Daily Journal of Commerce, the Everett Herald, and the City’s website. Upon closing statements of qualifications were opened and interviews were conducted. After all interviews the team scored each company and the company with the highest score is chosen. Contract taken through city council process for award signature authorization. 180th St Connector, SCJ Alliance. The City advertised for 3 weeks in the Daily Journal of Commerce, the Everett Herald, and the City’s website. Upon closing statements of qualifications were opened and interviews were conducted. After all interviews the team scored each company and the company with the highest score is chosen. The City could not come to a responsible cost for the design with the firm chosen, so with the permission of WSDOT the City went out to bid for 3 additional weeks in the Daily Journal of Commerce, the Everett Herald, and the City’s website. Upon closing statements of qualifications were opened and interviews were conducted. After all interviews the team scored each company and the company with the highest score is chosen. This project went to bid and closed in 2023 but was awarded in 2024. Contract taken through city council process for award signature authorization. 2023 ROW Services, Commonstreet Consulting. The City requested quotes off of the MRSC roster list. Quotes were received and the lowest quote was chosen. 169th St Connection, SCJ Alliance. The city requested an extension to the original contract for the completion of the design work for the 169th St Connection project. The original contract was executed in 2022 for up to 30% design. The extension will bring the contract through design and ready for construction. • Title VI language is included in the advertisement of all City of Arlington Project bid requests, and request for proposals, see Exhibit T for the standard Advertisement for Bid form. 12. Describe the actions taken to promote construction contractor/consultant compliance with Title VI by construction contractors/consultants, including monitoring and review processes, and their outcomes/status (e.g. what Title VI language was included in contracts and agreements; were contractors and consultants reviewed to ensure compliance; what Title VI responsibilities are explained to contractors and consultants?) Title VI language is included in all contractor/consultant contracts. See Attached Professional Service Agreement Exhibit U, and the Construction Contract, Exhibit V. Title VI language is included in all advertisements, request for proposals, etc. Exhibit T is the standard Advertisement for Bid form. Once a contractor or consultant is under contract all subcontractors have to be requested and approved with the WSDOT Request to Sublet Work form (EXHIBIT W). This form has a spot for DBE information and helps to monitor our DBE percentage for each project. Page 13 of 13 Appendix 28.93 13. List construction, right-of-way, and consultant contracts with your LPA/MPO/entity for this report period with dollar value of each. Identify funding sources (federal, state, local, other), and how many were awarded to certified disadvantaged contractors (as a prime contractor/consultant). • 2023 Utility Improvement & Pavement Preservation construction – $2,752,607.03, Local, DBE award • 204th/74th Signal Project construction - $1,199,999.00, Local, DBE award • 74th Ave Trail ROW - $9,503.53, local, no DBE award • 169th St Connecting Segment design - $375,463.42, Local, no DBE award • Division /Broadway Restoration Project design- $69,779.54, Federal, DBE award • 211th Corridor Improvement Project design– $318,778.70, State, no DBE award • 2023 ROW Services- $22,996.00, local, no DBE award • Smokey Pt Blvd / 188th St RAB ROW -$ 6,135.60, local, no DBE Three projects had a designated DBE during the reporting period. 14. Education & Training – Describe actions taken to promote Title VI compliance through education and trainings, including monitoring and review processes, and their outcomes/status. There were no in-person Title VI trainings offered during this reporting period. All training for Title VI was offered with online webinars or online training. List Title VI training/webinars your Title VI Coordinator attended this reporting period. Include dates and entity that conducted the training. No training was completed during this reporting period. When was Title VI internal training provided to staff? Who conducted the training? What was the subject of the training? Provide the job titles and race/color/national origin of attendees. Title VI training is offered on the WSDOT site, this training is encouraged for all personnel to attend and complete. No one has completed this training this reporting period. List other civil rights training conducted locally. Provide dates and a list of participants by job title and Title VI role, if applicable. Equity in Roadway Safety Workshop – September 20 & October 24, 2023 • Katy Shores – Administrative Specialist II - Title VI Specialist DBE 101 Training • James Kelly – PW Director – Head of Transportation • Katy Shores – Administrative Specialist II - Title VI Specialist Title VI Goals for Upcoming Year What area(s) of Title VI does your agency plan to focus on in the upcoming year? Describe by particular program area what your agency hopes to accomplish. Include any significant problem areas to focus on and plans to address those. • Continue to ensure that all projects, programs, and activities follow WSDOT Title VI Plan. • Train any new staff on Title VI program • Keep the City project webpages updated accordingly with all Title VI information. ATTACHMENT A City of Arlington Title VI Organizational Chart City Administrator Complaint Process Title VI Coordinator Head of Transportation Mayor Title VI Signature Authority Annual Reporting: Identifies Transportation projects and programs and reports annually to WSDOT as required for Title VI compliance. Title VI Specialist: Responsible for community outreach Designee: Assist with documentation and compilation of reports DOT 140-562 Page 1 of 1 10/2015 Case Number Complainant/ ATTACHMENT B Title VI Complaint Log If you believe that you have been discriminated against because of your race, color, or national origin (including limited English proficiency), by agency programs or activities, you may file a formal written complaint. Compliants may be submitted by mail or e-mail. Instructions: Please fill out the form below and send it to: City of Arlington Attn: Ryan Morrison 238 N Olympic Ave Arlington, WA 98223 or email to: rmorrison@arlingtonwa.gov Your Name Your Phone Best time of day to contact you about this complaint: ☐7am-10am ☐ 10am-1pm ☐ 1pm-4pm ☐ 4pm-7pm Your Email Address Your Mailing Address (Street/PO Box, City, State, Zip) Name, address, and telephone number of person(s) who is alleged to have discriminated against you. Date of alleged incident Discrimination because of: ☐Race ☐ Color ☐ National Origin (includes limited English Proficiency) Please explain what happened, why you believe it happened, and how you were discriminated against. Indicate who was involved. Be sure to include how you feel other persons were treated differently than you. If you have any other information about what happened, please attach supporting documents to this form. ATTACHMENT C Agency Use Only Received: Response: Report: Briefing: March 2021 ADDITIONAL INFORMATION What remedy are you seeking for the alleged discrimination? Please note that this process will not result in the payment of punitive damages or financial compensation. List any other persons that we should contact for additional information in support of your complaint. Please include their phone numbers, addresses, email addresses, etc. List any other agencies with whom you have filed this same complaint: Signature (REQUIRED) Date March 2021 Title VI Complaint Procedures If you believe that you have been discriminated against because of your race, color, or national origin, then you have the right to file a formal complaint with City of Arlington within 180 days of the alleged incident. HOW TO FILE A COMPLAINT 1.Complete the Title VI Complaint Form, answering every question. 2.Submit the signed complaint as directed on the form. We cannot accept unless it has been signed. 3.Upon receipt the complaint form, it will be reviewed to ensure that it is complete. A notice acknowledging receipt will be provided within 10 working days. The complaint w ill then be forwarded to WSDOT, the federal funding agency through Washington State Department of Transportation-Office of Equal Opportunity. The federal funding agency is responsible for all decisions regarding whether a complaint should be accepted (and investigated), dismissed, or referred to another agency. 4.When the federal funding agency decides whether to accept, dismiss, or transfer the complaint, it will notify the complainant and the other agencies (as appropriate) as to the status of the complaint. These procedures do not deny you the right to file a formal complaint directly with the federal funding agencies or seek private counsel for complaints alleging discrimination. Federal law prohibits intimidation or retaliation against you of any kind. These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as amended and the Civil Rights Restoration Act of 1987, relating to any program, service, or activity administered by WSDOT as well as its sub-recipients, consultants, and contractors. March 2021 Spanish Uso exclusivo de la agencia Received Response Report Briefing City of Arlington Ciudad de Arlington Formulario de queja del Título VI Si cree que ha sido discriminado debido a su raza, color o nacionalidad (incluido el dominio limitado del inglés) en programas o actividades de la agencia, puede presentar una queja formal. Instrucciones: Complete el siguiente formulario y envíelo a: City of Arlington Attn: Ryan Morrison 238 N Olympic Ave, Arlington, WA 98223 o por correo electrónico a: rmorrison@arlingtonwa.gov Su nombre: Su teléfono: Mejor momento del día para contactarlo sobre esta queja: 7am a 10am 10am a 1pm 1pm a 4pm 4pm a 7pm Su dirección de correo electrónico: Su dirección de correo postal: (Calle/PO Box, ciudad, estado, código postal) Nombre, dirección y número de teléfono de las personas que supuestamente lo discriminaron. Fecha del supuesto incidente: Discriminación por: Raza Color Nacionalidad (incluye dominio limitado del inglés) Explique lo que sucedió, por qué cree que sucedió y cómo fue discriminado. Indique quién estuvo involucrado. Asegúrese de indicar de qué manera siente que otras personas son tratadas de forma diferente a usted. Si tiene alguna otra información sobre lo que sucedió, adjunte los documentos probatorios a este formulario. Marzo 2021 EXHIBIT C COMPLETE LA PÁGINA 2 DE ESTE FORMULARIO INFORMACIÓN ADICIONAL ¿Qué solución está buscando por la supuesta discriminación? Tenga en cuenta que este proceso no resultará en el pago de daños punitivos ni compensación económica. Enumere a otras personas con las que deberíamos comunicarnos para obtener información adicional en apoyo de su queja. Incluya sus números de teléfono, domicilios, direcciones de correo electrónico, etc. Enumere cualquier otra agencia con la que haya presentado esta misma queja: Firma: (OBLIGATORIA) Fecha: Marzo 2021 EXHIBIT C Spanis Procedimientos de queja del Título VI Si cree que ha sido discriminado por su raza, color u origen nacional, tiene derecho a presentar una queja formal ante la ciudad de Arlington dentro de los 180 días posteriores al presunto incidente. CÓMO PRESENTAR UNA QUEJA 1.Complete el Formulario de Queja del Título VI, respondiendo cada una de las preguntas. 2.Envíe la queja firmada como se indica en el formulario. No podemos aceptarla a menos que la haya firmado. 3.Una vez recibido el formulario de queja, será controlado para verificar que está completo. Se enviará un aviso de acuse de recibo dentro de los 10 días hábiles. La queja será enviada a la agencia federal de financiamiento a través de la Oficina de Igualdad de Oportunidades del Departamento de Transporte del Estado de Washington. La agencia federal de financiamiento es responsable de todas las decisiones con respecto a si una queja debe ser aceptada (e investigada), desestimada o remitida a otra agencia. 4.Cuando la agencia federal de financiamiento decida si acepta, rechaza o transfiere la queja, notificará al demandante y a las demás agencias (según corresponda) sobre el estado de la queja. Estos procedimientos no le niegan el derecho de presentar una queja formal directamente ante las agencias federales de financiamiento o buscar un abogado particular para las quejas que alegan discriminación. La ley federal prohíbe cualquier tipo de intimidación o represalia contra usted. Estos procedimientos contemplan todas las quejas presentadas bajo el Título VI de la Ley de Derechos Civiles de 1964 y sus modificaciones y la Ley de Restauración de Derechos Civiles de 1987, relacionadas con cualquier programa, servicio o actividad administrados por el WSDOT o Washington State Department of Transportation así como sus subreceptores, consultores y contratistas. Marzo 2021 EXHIBIT C Project Description: The City of Arlington has received a grant to complete a missing segment of 169th St, from 37th Ave to 43rd Ave. This will connect Smokey Point Blvd to 43rd Ave and 51st Ave. The project is currently in the design stage and we want to engage the public to ensure we develop a project that meets the community’s needs. Project Benefits: • Improve vehicle & freight access. • Support new development. • Provide pedestrian & bicycle facilities. Project Cost and Funding: • Estimated project cost: $4.5 Million. • Funding by Federal Grant Transportation Impact Fees Construction Schedule: • Construction: Summer 2025 CITY OF ARLINGTON 169TH STREET CONNECTION SURVEY Contact Information: (360) 403-3544 | cityprojects@arlingtonwa.gov Share your feedback: https://arcg.is/0PDD5W EXHIBIT D MAYOR: BARB TOLBERT CITY COUNCIL: MICHELE BLYTHE, YVONNE GALLARDO - VAN ORNAM, HEATHER LOGAN, DEBORA NELSON, MARILYN OERTLE, JAN SCHUETTE, and DON VANNEY JOHN DOE, JANE DOE 1246 QUESTION AVE NE ARLINGTON WA 98223 CITY OF ARLINGTON 169TH STREET CONNECTION SURVEY PRST STD US POSTAGE PAID EVERETT, WA PERMIT NO. 201 238 N Olympic Avenue Arlington, WA 98223 EXHIBIT D Smokey Point Blvd Corridor Improvement Project Design Element Survey Summary Two questions were posed to the public in this survey; the first question looked for feedback on the style of street amenities for the Smokey Point Blvd Corridor (street light style, bench style, trash receptacle style, etc.) and the second question was broad asking for additional comments regarding the project design. To comply with Federal Title VI requirements, all surveys include demographic questions but are optional. We had 272 people complete the survey, below is a summary of the responses. 1.What design style would you like to see? This was a single choice question with pictures of the different styles of design elements for the project. -Option A 109 40.07% -Option B 145 53.31% -Option C 18 6.62% 2.Do you have any additional comments or questions regarding this project? This was an optional question. We received 55 responses from the public, of these responses 26 were in direct response to the design elements of this project. The main comment was more lights and sidewalks. -More lights and sidewalks 7 -No wood benches 3 -Like the difference between areas 3 -Multi arm benches to detour sleeping 2 -Good quality and maintenance 2 EXHIBIT E - Water stations 1 - Avoid art to distract drivers 1 - Wheelchair access 1 - Extra trashcans 1 - Add trees 1 - Hanging flower baskets on lights 1 - Downward facing lights 1 - Least expensive 1 - Unity with downtown 1 The below questions were demographic questions, completion of these questions was optional. 7. What is your age? 261 people filled out this question, with the majority of survey responders between the ages of 35-49. - 65+ 53 19.49% - 50-64 65 26.9% - 35-49 100 36.76% - 30-34 24 8.82% - 24-29 15 5.51% - 18-24 4 1.47% 8. What gender do you identify with? 264 people responded to this question with the majority being female. - Female 174 63.97% - Male 58 21.32% - Prefer not to answer 32 11.76% 9. What race/ethnicity do you identify with? 265 people answered this question with the majority selecting White/Caucasian. - White/Caucasian 202 74.26% - Prefer not to answer 52 19.12% - Asian 2 .74% - Hispanic/Latino 1 .37% - American Indian or Alaska Native 4 1.47% - Native Hawaiian or Pacific Islander 2 .74% - African American/Black 2 .74% EXHIBIT E 10. What is your annual household income? 261 people answered this question with the highest percentage preferring not to answer and the second being in the more than $100,000.00 range. - Prefer not to answer 81 29.78% - More than $100, 000 80 29.41% - $75,000 to $100,000 40 14.71% - $50,0000 to $75,000 42 15.44% - $30,000 to $50,000 13 47.78% - $15,000 to $30,000 3 1.1% - Less than $15,000 2 .74% Summary: Based on the survey results, Option B is the most liked option for the design elements along the Smokey Point Corridor. This style of street amenities will be added to the project design. EXHIBIT E Dear Stakeholder – Design of the Smokey Point Boulevard Corridor project (174th St to 200th St) must account for current and future users of the corridor. This includes vehicles, freight, transit, pedestrians and bicycles. Below is a summary of key considerations, current and future, of the bicycle user needs that helped design a safe pathway through this corridor. As an involved leader in a local or regional bike user group, we value your opinion and how this bike path was selected and is laid out. Will you please review the attached Bike Pathway design document and provide feedback. If you have questions, please feel free to contact us at 360-403-5306. Bike Route Alignment Design Alternatives Facts Residential and business growth is increasing throughout Arlington, with much of it occurring in south Arlington and the Smokey Point area. To plan for this, the City of Arlington is designing improvements to Smokey Point Boulevard from 174th Place NE to 200th Street NE. These improvements will support future growth and help create a community corridor and neighborhood feel for small businesses and residents. Once design is complete, planned upgrades will be constructed incrementally. Key facts: •The existing conditions of Smokey Point Blvd between 174th and 200th, are not up to the standards of the future vision of this area. The City would like to make this section of roadway a neighborhood street with a sense of place. •There is a lack of non-motorized (pedestrian and bicycle) facilities and this project is working to address those. The area has outgrown how the corridor is currently being used. •The City is working to develop a design that integrates the plan for the future while accommodating growth without giving up character. •The City is focusing on mobility for all modes of travel, improving safety, and increasing opportunity for access to existing and future facilities (trails, businesses, etc.). •Key design features: o Part of the design will encourage freight traffic to use the adjacent Airport Blvd. o A single travel through-lane is being developed for vehicle movement through the corridor o Roundabouts will be installed at intersections to slow speeds and reduce collisions o Bike lanes will be included on the widened sidewalks of the roundabouts o Back-in parking stalls will included in throughout the corridor, these parking facilities will be separated from the travel lanes by a six-foot wide median. A parking drive isle will provide access to these parking stalls. o Bikes lanes will share the parking drive aisle through use of sharrows, o There are five 12-foot wide multiuse trails that will connect to the Corridor. These five 12-foot wide multiuse trails connect to the Arlington trail network. Phase 2 Outreach Bike Pathway Design Alternatives EXHIBIT F Phase 2 Outreach Bike Pathway Design Alternatives Page 2 of 8 Attached to this Bike Pathway Stakeholder Outreach are the five alternatives that were developed to meet the current and future bicyclist needs of this corridor. Each alternative was weighed for six criteria that met current and future needs, a summary of the criteria evaluation for each alternative is in the below table. Criteria Alt #1 Alt #2 Alt #3 Alt #4 Alt #5 1. ROW Considerations/limit property take YES YES YES YES YES 2. Separated from main travel lane YES YES NO YES YES 3. Easy transition through roundabouts NO NO YES YES NO 4. Easy access to business NO NO NO YES NO 5. Easy access to Arlington trail network1 NO NO NO YES NO 6. Minimizes integration with pedestrians YES NO YES YES YES Note 1 – Please see attached graphic showing connections between Smoky Point Corridor and Arlington Trail network The City and Design Team evaluated many options when considering how to accommodate all modes of travel along this stretch of Smokey Point Blvd, weighing pros and cons of each. Based on the above criteria, it is the Design Team’s recommendation to proceed with Bike Pathway Alignment #4. Stakeholder Comments: ______________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ EXHIBIT F Scale:File: Date:Cartographer: hmd Legend 12/9/2022 TransportationLayouts/ SPBCorridorTrails8.5x11_22 City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. Right of Way Current Roads City Limits Smokey Point Blvd Corridor Current Trails Proposed Trails Proposed Roads Proposed Roundabouts ¯ 1 inch = 1,200 ft Smokey Point Blvd Corridor Trail Integration AIRP O R T B L V D 183RD ST NE 174TH PL NE 188TH ST NE 180TH ST NE 173RD ST NE 31 S T A V E N E 43 R D A V E N E SM O K E Y P O I N T B L V D 200TH ST NE ?Ô !"`$ Arlington Municipal Airport Page 3 of 8 EXHIBIT F Phase 2 Outreach Bike Pathway Design Alternatives Page 4 of 8 Smokey Point Blvd: Alternative 1 (130’) Pros Cons • • • • • • EXHIBIT F Phase 2 Outreach Bike Pathway Design Alternatives Page 5 of 8 Smokey Point Blvd: Alternative 2 (130’) Pros Cons • • • • • • EXHIBIT F Phase 2 Outreach Bike Pathway Design Alternatives Page 6 of 8 Smokey Point Blvd: Alternative 3 (130’) • Provides a dedicated bike facility • No separation between mainline travel lane and bike facility • No opportunity for landscaping between travel lanes and access lanes. • Limited opportunity to provide water quality structures • Minimal buffer between bike lane and access aisle EXHIBIT F Phase 2 Outreach Bike Pathway Design Alternatives Page 7 of 8 PREFFERED ALTERNATIVE Smokey Point Blvd: Alternative 4 (130’) Pros Cons • • • • • • • • • EXHIBIT F Phase 2 Outreach Bike Pathway Design Alternatives Page 8 of 8 Smokey Pt Blvd: Alternative 5 (130’) Pros Cons • • • • • • • EXHIBIT F SMOKEY POINT BLVD EXHIBIT DATE: 11/21/2022 17 3 R D P L N E M U L T I U S E T R A I L EXHIBIT F SMOKEY POINT BLVD EXHIBIT DATE: 11/21/2022 18 0 T H S T N E M U L T I U S E T R A I L EXHIBIT F SMOKEY POINT BLVD EXHIBIT DATE: 11/21/2022 18 3 R D P L M U L T I U S E T R A I L EXHIBIT F SMOKEY POINT BLVD EXHIBIT DATE: 11/21/2022 EXHIBIT F SMOKEY POINT BLVD EXHIBIT DATE: 11/21/2022 EXHIBIT F SMOKEY POINT BLVD EXHIBIT DATE: 11/21/2022 EXHIBIT F SMOKEY POINT BLVD EXHIBIT DATE: 11/21/2022 CYCLIST CONNECTION TO SR530 EXHIBIT F 211th Place Corridor Improvement Project Survey #1 Summary The main survey questions were required questions, while the demographic questions were optional. We had 46 people complete the survey. Below is a summary of the responses. 1. What has been your experience in the past while driving, cycling, and/or walking along 211th Pl Corridor? This was a write in question, of received responses the three main concerns were with the roundabout speeding, turning movements at intersections, and pedestrian access. - Speeding 19 concerns - Turning movements 16 concerns - Pedestrian access 8 concerns - Large Trucks 8 concerns - Road condition 6 concerns - Lighting 4 concerns - Congestion 3 concerns - Drainage 3 concerns 2. What is your primary reason for traveling along 211th Place NE? This was a single choice question, of received responses, the primary person completing the survey lives in the project area, the second were those that use the roadway as a commute route, and third for shopping/dining. -Live in the area 22 47.83% -Commute route 14 30.43% -Shopping/dining 4 8.7% -Other 3 6.52% -Work in the area 2 4.35% -Recreation 1 2.17% EXHIBIT G 3.Tell us what improvements to the 211th Place corridor are the most important to you? This was a ranked choice question. Of received responses, the top three choices were street improvements, pedestrian amenities, and street lighting. - Street improvements 3.22 - Pedestrian amenities 2.65 - Street lighting 2.26 - Bicycle amenities 1.85 4. What do you hope the City prioritizes and considers when designing the 211th Place Corridor Street Improvements? This was a multiple-choice question with the main three answers being Street Improvements, speed control, and sidewalks & Bicycle lanes. - Street Improvements 28 - Traffic speed control 25 - Sidewalks & bicycle lanes 24 - Street lighting 16 EXHIBIT G 5. What is the best way to keep you informed and engaged throughout the project? This was a ranked question, the main three ways of communication requested were through E-Newsletter, email, and social media. - E-Newsletter 4.00 - Mail 2.35 - Email 3.58 - Public Meeting 2.30 - Social Media 2.77 6. Do you have additional comments or questions regarding this project? This was an optional question. We received 24 responses from the public, of these responses the main concern was the roundabout going in at SR530, then concerns with current traffic enforcement, to make 211th Place a non-truck route. Most of the responses were positive. - Thank you 4 - No roundabout 3 - Traffic enforcement 2 - Lighting with banners 2 - Make a non-truck route 2 - Art 2 - Hurry with roundabout 1 - Drainage concerns 1 - Road conditions are bad 1 - Traffic when under construction 1 EXHIBIT G The below questions were demographic questions and were not required to be filled out. 7. What is your age? 42 people filled out this question, with the majority of people over the age of 50. - 50-64 14 - 65+ 14 - 35-49 10 - 30-34 4 - 18-24 0 - 24-29 0 8. What gender do you identify with? 43 people answered this question with the majority being female. - Female 21 45.65% - Male 16 34.78% - Prefer not to answer 6 13.04% 9. What race/ethnicity do you identify with? 43 people answered this question with the majority being White/Caucasian. - White/Caucasian 32 69.57% - Prefer not to answer 8 17.39% - Asian 2 4.35% - Hispanic/Latino 1 2.17% 10. What is your annual household income? 43 people answered this question with the highest percentage being in the more than $100,000.00 range. - More than $100, 000 16 - Prefer not to answer 13 - $75,000 to $100,000 6 - $50,0000 to $75,000 6 - $30,000 to %50,000 1 - $15,000 to $30,000 1 Summary: From the survey the City sees that the three main issues we would like to address are: - Street Improvements with traffic calming measures - Pedestrian safety - Enhanced lighting –better lighting opportunities to light the corridor. EXHIBIT G EXHIBIT H EXHIBIT H Division Broadway Improvement Project Survey #1 Summary The main survey questions were required questions, while the demographic questions were optional. We had 58 people complete the survey. Below is a summary of the responses. 1. What has been your experience in the past while driving, cycling, and/or walking along Division and Broadway? This was a write in question, of those responses the three main concerns were with the roundabout safety, pedestrian safety, and visibility around the roundabouts. - Roundabout safety 23 concerns - Pedestrian safety 23 concerns - Visibility 15 concerns - MacLeod & RAB 5 concerns - Truck route 1 concern 2. What is your primary reason for travel along Division and Broadway St? This was a single choice question, of those the primary person to complete the survey lives in the project area, the second were those that use the roadway for shopping/dining third those that work in the area. -Live in the area 30 51% -Shopping/dining 10 17.24% -Work in the area 8 13.79% -Commute route 5 8.62% -Other 4 6.9% -Recreation 1 1.72% EXHIBIT I 3.Tell us what improvements to Division and Broadway St are the most important to you? This was a ranked choice question. 58 responses were received, of those response the top three choices were roundabout improvements, street improvements, and pedestrian amenities. - Roundabout improvements 4.19 - Street improvements 4.07 - Pedestrian amenities 4.00 - Street lighting 3.36 - Centennial Trail amenities 2.48 4. How many times a week do you travel down Division and/or Broadway? This was a single choice question with the majority of the answers being 1-4 times per week. - 1-4 19 - 5-9 14 - 10-19 14 - Over 20 8 - 0 3 EXHIBIT I 5. What do you hope the City prioritizes and considers when designing the Division & Broadway Street Improvements? This was a multiple-choice question with the main three answers being safety, Sidewalks & Trails, and Street Improvements. - Safety 41 - Sidewalks & Trails 29 - Street Improvements 28 - Street lighting 23 - Traffic speed control 16 - Other o Crossings are very dark 1 o 112 E Gilman Ave 1 6. What is the best way to keep you informed and engaged throughout the project? This was a ranked question, the main three ways of communication requested were through social media, E-Newsletter, and email. - Social Media 3.81 - E-Newsletter 3.81 - Email 3.29 - Mail 2.05 - Public Meeting 2.03 EXHIBIT I 7. Do you have additional comments or questions regarding this project? This was an optional question, We received 20 responses from the public. Of these responses the main concern was the vegetation within the center medians blocking visibility, then concerns with the project schedule and how it will affect people’s routes. - Roundabout vegetation removal 4 - Project schedule concerns 3 - Thank you 3 - Remove RAB, add stop signs 2 - Better lighting 2 - Better access for mail 1 - Signage for non-truck route 1 - No 1 - Ranking choice would not let me 1 - Art 2 The below questions were demographic questions and were not required to be filled out. 8. What is your age? 55 people filled out this question, with the majority of people be between the ages of 35 and 49. - 35-49 23 - 65+ 12 - 50-64 11 - 30-34 7 - 18-24 1 - 24-29 1 9. What gender do you identify with? 54 people answered this question with the majority being female. - Female 39 67% - Male 11 19& - Prefer not to answer 4 7% 10. What race/ethnicity do you identify with? 53 people answered this question with the majority being White/Caucasian. - White/Caucasian 42 72% - Prefer not to answer 8 14% - Native Hawaiian or Pacific Islander 2 3% - Asian 1 2% EXHIBIT I 11. What is your annual household income? 53 people answered this question with the highest percentage being in the more than $100,000.00 range. - More than 100, 000 24 - Prefer not to answer 14 - 75,000 to 100,000 7 - 50,0000 to 75,000 6 - 30,000 to 50,000 2 Summary: From the survey the City sees that the four main issues we would like to address are: - Sight distance due to vegetation and RAB design. - Pedestrian safety - Design of RAB - approaches, side entrances and medians. - Enhanced lighting –better lighting opportunities to light the corridor. EXHIBIT I EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J EXHIBIT J ATTACHMENT K EXHIBIT L CITY OF ARLINGTON 169TH ST NE – CONNECTING SEGMENT PRELIMINARY DRAINAGE REPORT SCJ ALLIANCE ORIGINAL REPORT DATE: JUNE 27, 2022 EXHIBIT M Table of Contents Project Overview ....................................................................................................................................................2 Project Description .............................................................................................................................................2 Project Location ..................................................................................................................................................2 Existing Conditions .............................................................................................................................................3 Proposed Conditions ..........................................................................................................................................3 Minimum Requirements ........................................................................................................................................4 MR1-Preparation of Stormwater Site Plans .......................................................................................................4 MR2 – Construction Stormwater Pollution Prevention Plan (SWPPP) ...............................................................4 MR3 – Source Control of Pollution .....................................................................................................................4 MR4 – Preservation of Natural Drainage Systems and Outfalls .........................................................................4 MR5 – On-Site Stormwater Management ..........................................................................................................4 MR6 – Runoff Treatment ....................................................................................................................................4 MR7 – Flow Control ............................................................................................................................................5 MR8 – Wetlands Protection ...............................................................................................................................6 MR9 – Operation and Maintenance ...................................................................................................................6 Offsite Analysis .......................................................................................................................................................6 Onsite Permanent Stormwater Control Plan .........................................................................................................7 Offsite Permanent Stormwater Control Plan .........................................................................................................7 Conclusion ..............................................................................................................................................................7 Appendices Appendix A – Impervious Surface and Contributing Drainage Areas Appendix B – WWHM and SSA Reports Appendix C – Relevant Drainage Reports EXHIBIT M Project Overview Project Description This project will provide preliminary design engineering for the improvements of the 169th St NE connecting road and multimodal improvements from 40th Ave NE and 43rd Ave NE within Arlington's Cascade Industrial Center. This will serve as an alternative route for freight and vehicles from the main state highway, SR 531, east of 169th ST NE. The proposed improvements on 169th ST NE are to include a new two travel lane roadway, 12- foot-wide shared use path on one side of the road and a five foot wide sidewalk with five foot wide tree lined planter strip on the other side of the road. Drainage improvements include converting an existing urban ditch to a new underground culvert below the roadway. Project Location The proposed project is located along 169th St NE between the Smokey Point Boulevard and 169th St NE intersection and the 43rd Ave NE and 168th St NE intersection at Arlington’s Cascade Industrial Center in Arlington, WA. EXHIBIT M Existing Conditions The proposed project site currently consists of an urban ditch along the proposed 169th St NE alignment. The entire site is pervious grass surface. A detention pond is located at the south end of 43rd Ave NE within the project site. Commercial developments to the north (Walmart and Glacier West Self Storage – Smokey Point), and two 2-lane roads that abruptly end on the east and west side of the existing ditch. A wetland also exists downstream of the urban ditch to the southeast of the project area. The proposed alignment, running east and west, meets 43rd Ave NE, running north and south, at a 3-leg intersection at the east terminus of the project. The existing urban ditch collects runoff from both the Walmart property and the Glacier West Self Storage property. Surface runoff from the Walmart property flows through 2 separate treatment systems, both of which eventually release to the urban ditch currently on the project site. One system is comprised of a wet/detention pond that discharges to a Contech Stormwater Solutions, Inc. StormFilter vault prior to being discharged to the drainage ditch. In the second system, runoff drains to 3 separate rain gardens for treatment. Following treatment, runoff is discharged to an underground detention system consisting of Storm Tech chambers prior to being discharged to the drainage ditch. All surface runoff from the Glacier West Self Storage property flows to the existing infiltration/detention pond on the storage unit property prior to discharging to the urban ditch. Critical Areas Man-made wetlands are located to the southeast of the site. The wetlands will not be impacted with the new roadway footprint, however, runoff flowing to the wetlands in existing conditions will be impacted. Water quality and flow control will be required for all surface runoff from the new impervious area added with the extension of 169th St NE. Offsite flows from the Walmart and Glacier West Self Storage properties receive water quality and flow control treatment prior to entering the proposed culvert and will not require any additional treatment prior to being released upstream of the wetlands. Proposed Conditions In the proposed configuration, 169th St NE will be extended on top of the existing urban ditch and the ditch will be replaced with a concrete culvert underneath the new roadway. The existing pond at the south end of 43rd Ave NE will be impacted with the new roadway footprint and will need to be relocated to the south of its existing location. Offsite flows from the Walmart and Glacier West Self Storage properties will maintain their existing drainage pattern and flow to the head of a new culvert that will replace the existing ditch. Runoff from the new portion of 169th St NE will be captured through inlets and storm pipe located along the south curb line and will discharge to a flow splitter. From the flow splitter, the volume of runoff requiring water quality treatment will flow to a water quality vault prior to discharging to a detention vault for flow control. The remaining volume of water not flowing to the water quality vault will flow directly to the detention vault. From the detention vault, all runoff from the new roadway footprint will eventually discharge to a riprap lined channel upstream of the existing wetland. EXHIBIT M Minimum Requirements MR1-Preparation of Stormwater Site Plans Stormwater site plans are required and will be prepared as part of this project. MR2 – Construction Stormwater Pollution Prevention Plan (S WPPP) A SWPPP is required for the construction of this project. This design effort is for conceptual purposes only and therefore, a SWPPP will not be completed at this time. MR3 – Source Control of Pollution There are no known illicit discharges to the storm sewer system on the site. Runoff entering the site from adjacent commercial properties receives treatment prior to entering the site. All runoff from the new pollutant generating surfaces within the project site will receive treatment prior to being discharge from the site. MR4 – Preservation of Natural Drainage Systems and Ou tfalls Natural drainage patterns will be maintained to the maximum extent practicable and discharges from the project site will occur as close to their natural location as possible. In existing conditions, offsite flows entering the site are conveyed to the existing urban ditch. In post-developed conditions, a culvert will replace the existing urban ditch and all offsite stormwater entering the project site will be routed to the head of the culvert to maintain existing drainage patterns. For both pre-developed and post-developed conditions, all runoff flowing through the site eventually discharges to the wetlands located southeast of the project site. MR5 – On-Site Stormwater Management This project will employ stormwater management BMPs in accordance with the thresholds, standards, and lists to infiltrate, disperse, and retain stormwater runoff on site that are stated in the Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW, 2019) to the maximum extent feasible without causing flooding or erosion impacts. This is described in more detail in the Onsite Permanent Stormwater Control Plan section of this report. MR6 – Runoff Treatment A water quality treatment vault is the proposed method of treatment for this project. The proposed dimensions are 6 feet by 12 feet with 14 cartridges. The proposed treatment system is offline and downstream of a flow splitter. See Figure 1 below for the WWHM (2012) off-line design flow rates for this project. EXHIBIT M Figure 1 – Water Quality Design Flow Rates MR7 – Flow Control Flow control will be required for this project. The current proposal recommends routing onsite runoff to the relocated pond at the south end of 43rd Avenue NE and upsizing that pond to accept additional flows. This approach requires further discussion with the City and additional information regarding the existing wetlands, soils, and high water table. EXHIBIT M MR8 – Wetlands Protection Wetlands are located to the southeast of the project site. All runoff from the project site and the offsite areas flowing to the project site eventually discharges to this wetland. A critical areas analysis is being completed as part of this project to determine the level of wetland protection required for this project. MR9 – Operation and Maintenance An operation and maintenance manual is required for the construction of this project. This design effort is for conceptual purposes only and therefore., a SWPPP will not be completed at this time. Offsite Analysis Offsite flows for the properties listed below have been considered and included in the analysis of this project. Drainage reports for the properties were reviewed in preparation for this report and the discharges from each site as stated in the reports are also listed below. Affinity At Arlington Senior Housing : 100% Infiltration on site. No flows onto site. The drainage report for this property is provided in Appendix C of this report. Walmart : 1.458128 cfs flow rate discharging from wet pond to existing urban ditch for 100-year storm & 0.913004 cfs flow rate discharging from underground detention facility to existing urban ditch for 100-year storm. The drainage report for this property is provided in Appendix C of this report. Amazon: 100% infiltration on site. No flows onto site. The drainage report for this property is provided in Appendix C of this report. Glacier West Self Storage : No stormwater report on file. A “mock” model was developed in WWHM to determine a discharge flow rate from the infiltration pond on site. The model assumed an infiltration rate of 1 in/hr. The WWHM report is provided in Appendix B of this report and the assumed discharge flow rate from the pond to the existing urban ditch is 0.001349 CFS. Offsite Conveyance Sizing All offsite flows to the project site already receive treatment for flow control and water quality prior to discharging to the project site. Therefore, it is recommended that these flows are kept separate from onsite runoff and routed through the site through closed conveyance. A culvert was proposed for offsite flows and was sized using Storm Sewer Analysis (SSA) version 2020. Although the City of Arlington Engineering Standards only require designing conveyance for the 25-year storm, the 100-year storm was used for this project due to the sensitive nature of the site and its surroundings. The SSA analysis revealed that a 2 feet wide by 1 foot deep culvert would have the capacity to accept the offsite flows, however, the recommendation is to provide a 4 foot wide by 2 foot deep culvert in order to provide added capacity and the ability to maintain flow during potential flood events. This also will provide an adequate factor of safety given the lack of data on the pond discharging from the Glacier West Self Storage property. EXHIBIT M Onsite Permanent Stormwater Control Plan Catch basins are proposed along the south curb line of the new roadway to capture all surface runoff from the new extension of 169th St NE. The new roadway, sidewalk, planter strip, and shared-use path are all shown sloping toward the south gutter to capture all runoff requiring treatment in the proposed conveyance system. This conveyance system will transport runoff to the east end of the project and discharge it to a flow splitter. The standard flow rate for an off-line water quality BMP for this project is 0.1723 cfs. This is the flow rate that will discharge to a filter cartridge water quality treatment vault prior to entering the detention vault for flow control. The remaining runoff not requiring water quality treatment will discharge to a detention vault for flow control. Ultimately, all runoff will discharge from the detention vault to a rip-rap lined channel upstream of the existing wetland that is located southeast of the project site. The surface runoff from the new impervious surfaces on the site will not mix with any offsite flows prior to receiving water quality and flow control treatment. Offsite Permanent Stormwater Control Plan This project will replace the existing urban ditch running down the proposed alignment of the 169th ST NE extension with a concrete culvert. In existing conditions, offsite flows entering the site are conveyed to the existing urban ditch. In post-developed conditions, all offsite stormwater entering the project site will be routed to the head of the culvert to maintain existing drainage patterns and will remain separated from surface runoff within the new impervious surfaces footprint until leaving the project site at the same rip rap lined channel described above, upstream of the existing wetlands to the southeast of the project site. Conclusion This project proposed the extend 169th ST NE from just east of Smokey Point Boulevard , starting at the 169th St NE extension at Affinity of Arlington, east to the existing intersection at 43rd Ave NE and 168th St NE. The new roadway alignment sits on top of an existing urban ditch. A culvert is proposed to replace the existing urban ditch to maintain existing drainage patterns for offsite flows onto the project site. A new conveyance system is proposed within the roadway footprint to capture all runoff from the new impervious surfaces and transport it to treatment facilities prior to discharging upstream of the existing wetlands southeast of the project site. Flow control and water quality treatment are required for this project in addition to wetland protection. All offsite surface water flowing onto the project site receives treatment prior to entering the site and will be conveyed through a closed system (culvert) without mixing with onsite surface water prior to being discharged upstream of the existing wetlands. All onsite runoff will be captured and conveyed through a closed conveyance system to water quality and flow control facilities on site prior to being discharged at the same rip-rap lined channel upstream of the existing wetlands as the offsite flows. EXHIBIT M CULTURAL RESOURCES REPORT COVER SHEET DAHP Project Number: 2022-11-07479 (Please contact the lead agency for the project number. If associated to SEPA, please contact SEPA@dahp.wa.gov to obtain the project number before creating a new project.) Author: Nicholas E. Gouette and Susan C. Larsen Title of Report: CULTURAL RESOURCES ASSESSMENT OF THE CITY OF THE ARLINGTON 211TH PL NE – 67TH AVE NE TO SR 530 (P-02.571) PROJECT, ARLINGTON, SNOHOMISH COUNTY, WASHINGTON Date of Report: September 12, 2023 County(ies): Snohomish Section: 10 & 11 Township: 31 North Range: 5 East E/W Quad: Arlington West, WA Acres: 8.5 PDF of report submitted (REQUIRED) Yes Historic Property Inventory Forms to be Approved Online? Yes No Archaeological Site(s)/Isolate(s) Found or Amended? Yes No TCP(s) found? Yes No Replace a draft? Yes No Satisfy a DAHP Archaeological Excavation Permit requirement? Yes # No Were Human Remains Found? Yes DAHP Case # No DAHP Archaeological Site #: 45SN879 •Submission of PDFs is required. •Please be sure that any PDF submitted to DAHP has its cover sheet, figures, graphics, appendices, attachments, correspondence, etc., compiled into one single PDF file. •Please check that the PDF displays correctly when opened. EXHIBIT N CULTURAL RESOURCES ASSESSMENT OF THE CITY OF THE ARLINGTON 211 TH PL NE – 67 TH AVE NE TO SR 530 (P -02.571) PROJECT , ARLINGTON, SNOHOMISH COUNTY, WASHINGTON NICHOLAS E. GOUETTE AND SUSAN C. LARSEN LEGACY ANTHROPOLOGY, LLC PO BOX 29173 BELLINGHAM, WASHINGTON 98228 SEPTEMBER 12, 2023 Report prepared for: Dan Ireland SCJ Alliance 8730 Tallon Lane NE Lacey, Washington 98516 Lead Agency: City of Arlington Public Works EXHIBIT N 2 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Management Summary On March 31, 2023, Legacy Anthropology was contacted by Dan Ireland, PE Principal at SCJ Alliance, requesting an archaeological survey for the City of Arlington 211th Pl NE – 67th Ave NE to SR 530 (P-02.571) Project. The City of Arlington is planning the reconstruction and widening of the road, which is a designated freight route, to accommodate the 350,000 tons of freight trucked over the road every year. This project has funding from the Transportation Improvement Board, a state agency, which means that it must comply with Governor’s Executive Order 21-02 regarding the management of cultural resources. The Area of Potential Effects (APE) consists of the 2,200-foot-long segment of 211th Place NE, which extends between State Route (SR) 530 to 67th Avenue, within the city limits of the City of Arlington, in Snohomish County, Washington, in Sections 10 and 11, in Township 31 North and Range 5 East. Included in the APE is the 211th Place NE right-of-way on the north and south side of the road (Figure 1 and Figure 2). The APE is approximately 8.5 acres in area, including the paved road. At the western end of the Project, a new roundabout was recently installed at the intersection of 211th Place NE and SR 530. The edge of the new pavement was treated as the edge of the APE because no planned ground disturbance was planned at the new roundabout. 211th Place NE is a designated freight/truck route, connecting SR 530 to 67th Ave and the Old Town Arlington to the Cascade Industrial Center. This road facilitates the delivery of 350,000 tons of freight every year, but the road and pedestrian walkways are deteriorated. The City of Arlington plans to reconstruct the entire road segment, which will include stabilizing the road prism, improving storm water drainage, installation of guardrails and lighting, and the construction of a 12-foot-wide multi-use path on the south side of the road. On August 10 and 11, 2023, Legacy Anthropology, LLC conducted an archaeological assessment, including pedestrian survey and subsurface testing, throughout the testable areas of the right-of-way on the north and south sides of the road, avoiding buried utilities and steep slopes. The survey was conducted by Susan C. Larsen, M.A., who meets the Secretary of the Interior’s Standards for a Professional Archaeologist, Nicholas E. Gouette, B.A., and student Carl Pine, of Legacy Anthropology. One archaeological site was identified within the project boundary, a low-density precontact lithic scatter (45SN879), and one historic property was recorded that is outside of the project boundary (Property ID 731528). Protected cultural resources were identified during this survey. Based on the positive result of the archaeological survey we recommend the following: • That the proposed Project is not anticipated to have adverse effects on the documented historic properties adjacent to the APE, including Property ID 731528. • That the proposed Project will impact precontact archaeological site 45SN879. • That a monitoring permit be issued by DAHP for ground disturbing work occurring within site 45SN879 • That all ground disturbing work within a 200-foot radius around 45SN879 be monitored by a Professional Archaeologist • That a detailed Archaeological Monitoring Plan be generated and applied to the areas to be monitored • That an Inadvertent Discovery Plan (IDP) be followed during ground disturbing activities outside of the 200-foot buffer of precontact archaeological site 45SN879 (see Appendix 1) EXHIBIT N 3 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Acknowledgements We are grateful to Dan Ireland of SCJ Alliance and the City of Arlington for obtaining our services for this project. Table of Contents Management Summary................................................................................................................... 2 1.0 Introduction ......................................................................................................................... 6 1.1 Area of Potential Effects ................................................................................................... 6 1.2 Project Description ........................................................................................................... 6 1.3 Regulatory Background .................................................................................................... 8 1.4 Tribal Consultation .......................................................................................................... 8 2.0 Environmental Setting ......................................................................................................... 9 2.1 Geomorphology and Regional Depositional History ....................................................... 9 2.2 Arlington Environmental History .................................................................................. 10 2.2.1 Depositional and Geomorphic History ................................................................... 10 2.2.2 Local Geology and Soils .......................................................................................... 10 2.3 Current and Historical Vegetation ................................................................................. 11 2.4 Stillaguamish River Watershed ...................................................................................... 11 2.5 Arlington Natural Resources .......................................................................................... 11 3.0 Cultural Setting .................................................................................................................. 13 3.1 Coast Salish Life Prior to Colonization .......................................................................... 13 3.1.1 People of the Arlington Area Prior to Colonization ................................................ 14 3.2 European Contact and the Treaty of Point Elliot ........................................................... 15 3.3 Historic Arlington .......................................................................................................... 16 3.3.1 Indigenous People in the Present-Day ................................................................... 17 3.3.2 History of the Area of Potential Effects .................................................................. 17 4.0 Archaeological Review ....................................................................................................... 20 4.1 Recorded Archaeological Sites ....................................................................................... 20 4.2 Cultural Resource Surveys ............................................................................................. 21 4.3 Historic Properties ......................................................................................................... 23 4.4 Recorded Cemeteries ..................................................................................................... 24 4.5 Traditional Cultural Properties ...................................................................................... 24 5.0 Methods ............................................................................................................................. 25 5.1 Objectives and Expectations .......................................................................................... 25 5.2 Field Methods................................................................................................................. 25 5.2.1 Pedestrian Survey ................................................................................................... 25 5.2.2 Subsurface Testing .................................................................................................. 25 6.0 Archaeological Survey Results ........................................................................................... 29 6.1 Pedestrian Survey ........................................................................................................... 29 EXHIBIT N 4 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 6.2 Subsurface Survey .......................................................................................................... 33 6.2.1 Precontact Archaeological Site 45SN879 ..................................................................... 36 7.0 Conclusions and Recommendations.................................................................................. 39 8.0 References Cited ................................................................................................................ 40 9.0 Appendices ......................................................................................................................... 47 9.1 Appendix 1: City of Arlington’s Inadvertent Discovery Plan (IDP) ............................... 47 9.2 Appendix 2: Archaeological Site Form 45SN879 .......................................................... 50 9.3 Appendix 3: Results of Subsurface Testing .................................................................... 68 Figures Figure 1.The APE in pink on a section of the 2020 Arlington West 7.5-minute quadrangle map (USGS 2020). .................................................................................................................................. 7 Figure 2. The APE on a Snohomish County Assessor’s Parcel Map. .............................................. 7 Figure 3. Business district of downtown Arlington after the town merger (Museum of History and Industry ca. 1907). ................................................................................................................. 17 Figure 4. The APE on a section of the 1875 GLO Map. ................................................................ 18 Figure 5. The APE on a section of the 1911 USGS Map. .............................................................. 19 Figure 6. Aerial imagery north of the APE in 1933. ..................................................................... 19 Figure 7. Map of shovel testing within the eastern portion of APE. ............................................. 27 Figure 8. Map of shovel testing within the western portion of APE ............................................. 28 Figure 9. Overview of the north side of 211th Place NE between 67th Avenue NE and 67th Drive NE, note built-up road prism and flat surface of the river terrace, view to the west. .................. 30 Figure 10. Overview of the APE between 67th Avenue NE and 67th Drive NE, note the sidewalk and located buried utilities along the south side of the road, view to the west. ........................... 31 Figure 11. Overview of the APE between 67th Drive NE and 66th Avenue NE, note as the road slopes to the northwest the bank on the south side of the road increases, view to the northwest. ....................................................................................................................................................... 31 Figure 12. Overview of the APE west of 66th Avenue NE, note the built-up road prism on both sides of the road, view to the northwest. ...................................................................................... 32 Figure 13. Overview of the historic property at 6516 211th Place NE taken from an alley from 66th Avenue NE, view to the north. ............................................................................................... 32 Figure 14. Example of the first sediment profile identified within the eastern APE, from ST 22, view to the south. .......................................................................................................................... 34 Figure 15. Example of the second sediment profile identified within the western APE, from ST 31, view to the south. .................................................................................................................... 35 Figure 16. Example of the third sediment profile identified at the western edge of the APE, from ST 35, view to the east. ................................................................................................................. 35 Figure 17. Example of the fourth sediment profile identified throughout the APE, from ST 41 terminated at impassible boulder, view to the north. .................................................................. 36 Figure 18. Primary flake from ST 4 with dorsal side on the left and ventral side on the right, note the bulb of percussion and radial fissures at the top of the photo on the ventral side. ................ 37 Figure 19. Secondary flake from ST 17 with dorsal side on the left and ventral side on the right, note flake scars on the dorsal side and bulb of percussion on the ventral side. ........................... 37 Figure 20. Secondary flake from ST 20 with dorsal side on the left and ventral side on the right, note flake scars on the dorsal side and bulb of percussion on the ventral side. ........................... 38 EXHIBIT N 5 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Tables Table 1. Affected Tribe contacts for Project consultation. ............................................................. 8 Table 2. Environmental setting of the APE. ................................................................................... 9 Table 3. Locations and descriptions of Indigenous villages and places near the Area of Potential Effects. .......................................................................................................................................... 15 Table 4. Recorded archaeological sites within a one-mile radius of the APE. ............................. 20 Table 5. Cultural resource assessments within a one-mile radius of the APE. ............................ 21 Table 6. Properties recorded on Historic Property Inventory adjacent to the Area of Potential Effects. .......................................................................................................................................... 24 EXHIBIT N 6 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 1.0 Introduction On March 31, 2023, Legacy Anthropology was contacted by Dan Ireland, PE Principal at SCJ Alliance, requesting an archaeological survey for the City of Arlington 211th Pl NE – 67th Ave NE to SR 530 (P-02.571) Project. The City of Arlington is planning the reconstruction and widening of the road, which is a designated freight route, to accommodate the 350,000 tons of freight trucked over the road every year. This project has funding from the Transportation Improvement Board, a state agency, which means that it must comply with Governor’s Executive Order 21-02 regarding the management of cultural resources. On August 10 and 11, 2023, Legacy Anthropology, LLC conducted an archaeological assessment, including pedestrian survey and subsurface testing, throughout the testable areas of the right-of-way on the north and south sides of the road, avoiding buried utilities and steep slopes. The survey was conducted by Susan C. Larsen, M.A., who meets the Secretary of the Interior’s Standards for a Professional Archaeologist, Nicholas E. Gouette, B.A., and student Carl Pine, of Legacy Anthropology. One archaeological site was identified within the project boundary, a low-density precontact lithic scatter (45SN879), and one historic property was recorded that is outside of the project boundary (Property ID 731528). The Archaeological Site Form can be found in Appendix 2. 1.1 Area of Potential Effects Snohomish Snohomish County right-of-way N/A N/A Zone 10, 563955.02 m E, 5337505.12 m N 48° 11’ 14.24” N, 122° 08’ 20.05” W T 31 N, R 05 E, Section 10 and 11 2020 Arlington West 7.5’ 8.5 The Area of Potential Effects (APE) consists of the 2,200-foot-long segment of 211th Place NE, which extends between State Route (SR) 530 to 67th Avenue, within the city limits of the City of Arlington, in Snohomish County, Washington, in Sections 10 and 11, in Township 31 North and Range 5 East. Included in the APE is the 211th Place NE right-of-way on the north and south side of the road (Figure 1 and Figure 2). The APE is approximately 8.5 acres in area, including the paved road. At the western end of the Project, a new roundabout was recently installed at the intersection of 211th Place NE and SR 530. The edge of the new pavement was treated as the edge of the APE because no planned ground disturbance was planned at the new roundabout. 1.2 Project Description 211th Place NE is a designated freight/truck route, connecting SR 530 to 67th Ave and the Old Town Arlington to the Cascade Industrial Center. This road facilitates the delivery of 350,000 tons of freight every year, but the road and pedestrian walkways are deteriorated. The City of Arlington plans to reconstruct the entire road segment, which will include stabilizing the road prism, improving storm water drainage, installation of guardrails and lighting, and the construction of a 12-foot-wide multi-use path on the south side of the road. EXHIBIT N 7 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 1.The APE in pink on a section of the 2020 Arlington West 7.5-minute quadrangle map (USGS 2020). Figure 2. The APE on a Snohomish County Assessor’s Parcel Map. EXHIBIT N 8 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 1.3 Regulatory Background This project is being funded by the Transportation Improvement Board, a state agency, and needs to be in compliance with the Governor’s Executive Order 21-02 (formerly 05-05). The Executive Order 21-02 states that agencies shall consult with the Department of Archaeology and Historic Preservation (DAHP) and affected Tribes on the potential effects on cultural resources early in the project planning process for proposed state-funded construction or acquisition projects that will not undergo Section 106 review. The state agencies shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites and cultural resources. This can include a study completed prior to the expenditure of any state funds for construction or purchase, and consultation with DAHP and affected Tribes to avoid or minimize harm to cultural resources. Additionally, the City of Arlington Municipal Code Chapter 20.98.220- Substantial Authority section (d)(D) states that the city designates and adopts from the State Environmental Protection Act as the basis for the city’s exercise of authority to preserve important historic, cultural, and natural aspects of heritage. 1.4 Tribal Consultation The Area of Potential Effects is located on the traditional land of the Muckleshoot Indian Tribe, Snoqualmie Tribe, Swinomish Indian Tribal Community, Stillaguamish Tribe of Indians, Suquamish Tribe, Sauk-Suiattle Tribe, and Tulalip Tribes. Tribal Historic Preservation Officers (THPO) and Cultural Resources staff were contacted regarding concerns about this project. Names of contacts are listed in Table 1. Table 1. Affected Tribe contacts for Project consultation. Contact Affected Tribe On August 10, 2023, Kerry Lyste, THPO of the Stillaguamish Tribe of Indians conducted a site visit of the APE. EXHIBIT N 9 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 2.0 Environmental Setting The environmental setting of an area has an influence on the location of cultural resources. Archaeological sites are often found in proximity to water resources and on habitable landscapes. Landscapes change over time due to depositional or erosional events that can alter habitability. The shape of the land can interfere with accessibility to resources, and over time a stable living surface can be buried by depositional events. Table 2 contains environmental information specific to the Area of Potential Effects (APE) that shows the relationship between the land and the archaeological sites nearby. Table 2. Environmental setting of the APE. Elevation Slope Percent Aspect Distance to Water Geology Soils loam, and Lynwood loamy sand Landforms Cultural Resources 2.1 Geomorphology and Regional Depositional History The APE is situated within the Puget Lowland region of Western Washington. This region was glaciated by a lobe of the Cordilleran Ice Sheet near the end of the Pleistocene Epoch. The glacial lobe created a depressional lowland between the Olympic and Cascade Mountains, extending south as far as the Chehalis River near Olympia to the south (Thorson 1980). Within the last two million years Earth has undergone at least 20 cooling and warming cycles, where temperatures fluctuated 10° C (50° F), causing the growth and recession of glaciers (Wicander and Monroe 2010:360). The Quaternary Period is marked by the start of the Pleistocene Epoch, also known as the Ice Age, 1.8 million years ago. Four major cooling periods have been identified in North America within the Pleistocene: the Wisconsinan, Illinoian, Kansan, and Nebraskan Glaciations (Wicander and Monroe 2010:359). These periods represent major glacial advances, with episodes of warming between each one. The most recent cooling period, the Wisconsinan lasted from between 70-90 thousand years ago (ka) to 10 ka, reaching its maximum between 21 and 18 ka. The end of this cooling period marks the start of the Holocene Epoch (Easterbrook 1999:370; Grotzinger and Jordan 2010:590; Wicander and Monroe 2010:356). During the glacial periods of the Quaternary, the Cordilleran Ice Sheet— one of two continental ice sheets covering North America— advanced and retreated along the west coast of Canada, moving from southeastern Alaska south to the states of Washington and Montana (Booth et al. 2004). Six major advances have been identified: Early Pleistocene glaciations (Orting, Stuck, and Salmon Springs) and Late Pleistocene glaciations (Double Bluff, Possession, and Fraser) (Booth et al. 2004:23; Easterbrook 1992, Troost 2016:121). The Fraser Glaciation is correlated with the Late Wisconsinan cooling period and is made up of multiple stades: the Evans Creek Stade (25–15 ka), the Vashon Stade (13.6–16 ka), the Everson Interstade, and the Sumas Stade (11.3–10 ka). The Vashon Stade represents the maximum advance of the Cordilleran Ice Sheet during the Fraser Glaciation, followed by the Everson Interstade, and a brief glacial advance during the Sumas Stade (Blunt et al. 1987; Booth et al. 2004:23; Easterbrook 1992; Thorson 1980). EXHIBIT N 10 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. With each glacial cycle, the Puget Lowland was shaped by the carving of glacial advance and the deposition of sediment with glacial melting. The weight of the Puget Lobe’s glacial ice caused the Earth’s crust to depress into the mantle, lowering its elevation. Since the retreat of the Puget Lobe, at the end of the Sumas Stade, the Puget Lowland has been slowly rebounding (Booth et al. 2004). As a glacier advances, it abrades from the bottoms and sides of valleys, picking up sediment. This sediment is carried on top of the glacier and within it. The sediments include clasts-sizes from boulders to very fine sediments eroded from rocks scraping the ground below the glacier (Grotzinger and Jordan 2010:237). As a glacier starts to melt, the entrained sediment load gets deposited in distinct ways. Glacial till is deposited directly due to the glacier melting in place. Till deposited into a body of water is water-laid till (Grotzinger and Jordan 2010: 239). Till deposits generally consist of a heterogeneous load of rock and sediment clasts of all sizes. Glacial outwash is sediment deposited by meltwater streams that form at the toe of the glacier as it melts (Grotzinger and Jordan 2010: 585). Large outwash plains blanket the southern Puget Lowland south of Tacoma and Olympia, and west of Shelton. Another large outwash plain exists in the northeast Puget Lowland. 2.2 Arlington Environmental History The APE is located along the edge of a river terrace directly south of Stillaguamish River mainstem. The Stillaguamish River basin has been shaped by a combination of glacial and fluvial activities. The Stillaguamish River mainstem originates at the Arlington Junction, at the confluence of the North Fork and South Fork Stillaguamish River and flows westward to its terminus at Port Susan. 2.2.1 Depositional and Geomorphic History The entire Stillaguamish River drains an area of 1,800 square kilometers (km) of area within the North Cascades and the Puget Lowland (Nowacki and Grossman 2020). The river is made up of a North Fork and a South Fork that converge at the Arlington Junction into the westward flowing Stillaguamish Mainstem. The Mainstem is 28 kilometers long from its confluence to Port Susan, where the Stillaguamish River discharges into the Puget Sound. The North and South Forks of the Stillaguamish have incised into Cascade Range bedrock, originally cut by the alpine glaciers of the Puget Lobe of the Cordilleran. Downstream of the mountains, within the Puget Lowlands, the Stillaguamish River has found a path through sequences of advance outwash, glacial till, and retreat outwash (Anderson et al. 2017; Benda et al. 1992; Booth et al. 2003). Incising by the Mainstem Stillaguamish River has created escarpments through glacial drift within the Puget Lowland, while also contributing its own geologic deposits. Within the APE, younger alluvium overlies the glacial drift (Booth et al. 2003). 2.2.2 Local Geology and Soils Soils are classified based on the horizonal layers that develop over time through various soil- forming processes, labelled O, A, E, B, or C (Boggs 2012:14). Each of these layers contains a distinctive chemistry through weathering processes, and the transport of particles downward by water infiltration. The soil texture is determined by the clast sizes within it. Clasts are divided by size into classifications like gravel, sand, silt, clay. Sand and silt are large enough that they can be made up of whole minerals. Clay is a very fine particle size that is made up of either fine minerals, called phyllosilicates, or the eroded parts of minerals usually larger than clay that have been ground into a clay-sized particle through glacial activity (Boggs 2012:14; Schaetzl and Anderson 2005:9–11). A soil that is largely dominated by a particle size is named by that clast, like sand. A soil that is not dominated by either of the particle sizes is called a loam. A loam can also be called a clay loam or silt loam, for example, if the soil sample appears to have more of one particle size but is not largely dominated by it (Schaetzl and Anderson 2005:11–12). EXHIBIT N 11 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. The APE is situated within a deposit of the Marysville Sand Member (Qvrm) consisting of well- drained outwash sand that is stratified to massive and contains some fine gravels, silt, and clay. It was deposited by meltwater during the receding of the Vashon Glacier. The unit is underlain by glacial till (Minard 1985). The soils mapped within the APE consist of the Everett very gravelly sandy loam, Alderwood-Everett gravelly sandy loam, and Lynwood loamy sand. The Everett very gravelly sandy loam is mapped at the eastern edge of the APE. This somewhat excessively drained soil forms in a parent material of sandy and gravelly glacial outwash on kames, moraines, and eskers. Its profile is comprised of 0-1 inches (in) O-Horizon decomposed plant material, 1-3 in A-Horizon very gravelly sandy loam, 3-24 in B-Horizon very gravelly loamy sand, and 34-60 in C-Horizon very gravelly loamy sand and extremely cobbly coarse sand. The Alderwood-Everett gravelly sandy loam is mapped throughout the center of the APE. This somewhat excessively drained soil forms in a parent material of glacial outwash on terraces. Its profile is comprised of 0-6 in A-Horizon gravelly ashy sandy loam, 6-18 in B- Horizon very gravelly ashy sandy loam, and 18-60 in C-Horizon extremely gravelly sand. The Lynwood loamy sand is mapped in the western quarter of the APE. This somewhat excessively drained soil forms in a parent material of glacial outwash in outwash plains. Its profile is comprised of 0-1 in A-Horizon loamy sand, 1-29 in B-Horizon loamy sand, and 29-60 in C- Horizon sand (Soil Survey Staff 2020). 2.3 Current and Historical Vegetation In the last 20,000 years, the Puget Lowland environment has shifted from cold glacial to warming in the Holocene. With the warming, new plant communities have formed. From 21 to 17 ka, during the advance and retreat of the Puget Lobe, the Puget Trough housed grass, sedge (family: Cyperaceae), a diverse array of plants from the genus Artemisia, tundra herbs, and tree species Engelmann spruce (Picea engelmannii), lodgepole pine (Pinus contorta), subalpine fir (Abies lasiocarpa), and Pacific yew (Taxus brevifolia). During this time temperatures within the Puget Trough were between 5–7 degrees Celsius (C) colder than today (Whitlock 1992). Between 16-15 ka, the southern Puget Trough was approximately 2–6 degrees C, which supported a plant community made up of Sitka spruce (Picea sitchensis), Engelmann spruce, and mountain hemlock (Tsuga mertensiana) (Whitlock 1992). As the glaciers continued to retreat the Puget Trough became home to evergreen coniferous trees from genus Pseudotsuga, red alder (Alnus rubra), and ferns from the genus Pteridum. Between 5–6 ka, the wet environment allowed for the spread of coniferous trees from the genus Thuja, Western hemlock (Tsuga heterophylla), Sitka spruce (Picea sitchensis), and Western white pine (Pinus monticola), which become more common later in the Holocene (Whitlock 1992). 2.4 Stillaguamish River Watershed The APE is located within the Department of Ecology’s Water Resource Inventory Area 5 (WRIA 5), Stillaguamish Watershed. The Stillaguamish Watershed lies between the Lower Skagit and Snohomish Watersheds to the north and south. The watershed encompasses the North and South Fork Stillaguamish rivers and their tributaries, and the Lower Mainstream Stillaguamish, where the North and South Forks converge to the west of Arlington and drain into the Puget Sound. The watershed is 700 square mi. in area, and extends from sea level, east to and elevation of 6,854 ft. above sea level. The watershed experiences recharge with 150 in. of annual rainfall at the higher elevations (Encyclopedia of Puget Sound 2023). 2.5 Arlington Natural Resources Wetlands are an abundant natural resource near the Stillaguamish River. Historically, the area has contained approximately 29,133 acres of wetlands, but only has about 6,266 acres of remaining wetlands that are degrading. Loss of wetlands surrounding the Stillaguamish River EXHIBIT N 12 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. has occurred because of the expansion of agriculture, urban expansion, forestry, and invasive plants and animals (Scofield and Pope 2019). Fish remain an important resource in the Stillaguamish River. The populations of fish, especially salmon, have been in decline, including the chinook, pink, coho, chum, and steelhead that historically spawn in the river. The Stillaguamish Tribe of Indians operates two fish hatcheries to increase supplies of salmon in the Stillaguamish River (Stillaguamish Tribe of Indians 2020a). Fish species typically identified in the area include chum salmon (Oncorhynchus keta), coho salmon (Oncorhynchus kisutch), Steelhead trout (Oncorhynchus mykiss), sea run cutthroat trout (Oncorhynchus clarkia clarkii), and resident trout (WDFW 2023). EXHIBIT N 13 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 3.0 Cultural Setting Archaeology is a discipline that has long benefitted, socially and economically, on the cultural history of the Indigenous people of North America. Archaeologists have historically controlled the academic narrative about Indigenous cultures and identities (Atalay 2006). To Indigenous people, time is not always thought of on a linear scale, although archaeology is frequently recorded in a linear way without the input of Indigenous people (Colwell-Chanthaphonh, et al. 2010). As such, we acknowledge that the following accounts of Coast Salish history are mostly those of non-Indigenous archaeologists with little to no input by Indigenous people. 3.1 Coast Salish Life Prior to Colonization Prior to the arrival of colonial settlers to the Northwest Coast, Coast Salish Indigenous people thrived in the years following the Vashon Stade in a resource-rich environment. According to the archaeological record, Coast Salish people lived in socially stratified societies with dense populations and hunter-gatherer, household-based economies. Archaeologists have studied the material cultural of Coast Salish people as a culture area defined by language grouping, extending from southern Alaska to the Oregon Coast. Coast Salish people hunted, fished, and collected a wide variety of plant material for food and skilled crafts. Their technology included bone and antler working, woodwork, ground stone, and flaked lithics. The Coast Salish people were extremely skilled at woodworking, constructing timber houses, canoes, monumental art, containers, and basketry. Permanent winter villages were commonly used by the same groups of people every year, with large, kin-based households, and food stored from earlier hunting and gathering seasons (Ames and Maschner 1999:13–48; Matson and Coupland 1995:2–25). Based on archaeological data, the period between glaciation and the present has been broken into a linear timescale for purposes of academic study. The Archaic Period, named by archaeologists, began during the Everson Interstade (13.6–11.3 thousand years BP), continued during the last, minor glaciation of the Puget Lowland— the Sumas Stade (11.3–10 thousand years BP)—, and advanced into the Holocene (10,000 years BP to present). Due to the age of this period, many places people lived are now underwater or covered in dense vegetation in the uplands. A large coastal plain existed south of the Puget Sound prior to 10,000 years BP, when the sea levels started to rise rapidly as the glaciers receded. The end of the Pleistocene was marked by a warmer climate and migrating plants and animals (Ames and Maschner 1999:67–123). By 6,400 years BP the climate cooled slightly, as sea levels stabilized to near modern levels. During this period, archaeologists have found some of the earliest shell middens known to science. (Ames and Maschner 1999:88). Shell middens can range in size up to over thousands of square meters. The dense concentration of shell creates an alkaline environment that preserves bone and antler but not plant material (Ames and Maschner 1999:89–93). Early Pacific Coast Salish people created carving tools, spoons, and stones adorned with motifs of people, mammals, birds, backbones, and ribs (Ames and Maschner 1999:228–229). The Middle Pacific Period is marked by evidence of plank houses and villages. Plank houses are indicative in archaeology of a more permanent dwelling (Ames and Maschner 1999:93). Coast Salish people during this time fished for salmon, using bone and antler tools and composite toggling harpoons to hunt sea otters, seals, and whales (Ames and Maschner 1999:93). Some of the recorded archaeological sites within the Gulf of Georgia region show distinction from one another, so archaeologists have divided the Middle Pacific into two phases based on these characteristics: The Locarno Beach Phase and the Marpole Phase. EXHIBIT N 14 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. A warmer and drier period from 850 to 700 years BP was followed by the Little Ice Age, a wetter and colder interval after 650 BP (Ames and Maschner 1999:94). Coast Salish people created ground slate points and blades that were smaller and triangular at this time. Houses during this period were sometimes constructed with ditches and embankments (Ames and Maschner 1999:106–107). At about 500 BP, the archaeological record shows Coast Salish people used more bone tools than lithics, and single-row house villages are more commonly identified by archaeologists (Ames and Maschner 1999:160). 3.1.1 People of the Arlington Area Prior to Colonization The Area of Potential Effects (APE) is within the traditional territory of the Southern Coast Salish people including, but not limited to, the stuləgʷábš (Stillaguamish), saʔqʷəbixʷ- suyaƛ̕ʔbixʷ (Sauk-Suiattle), and Tulalip Tribes, made up of the sduhúbš (Snohomish), sdukʷálbixʷ (Snoqualmie), sqáʒət (Skagit), Samish, in addition to the Stillaguamish and Suiattle (Sauk-Suiattle Indian Tribe 2022; Stillaguamish Tribe of Indians 2020b; Suttles 1990; Tulalip Tribes 2016). The Southern Coast Salish were Lushootseed speakers who were seasonal hunter-gatherers. They lived in permanent winter villages (Suttles and Lane 1990). Permanent villages contained longhouses 100 to 200 feet in length, made from cedar planks, carved house posts, shed roofs, with cattail mats for insulation (Stillaguamish Tribe of Indians 2020b; Tulalip Tribes 2016). In the spring, summer, and fall, they moved up and down the rivers and their tributaries to utilize fish runs, game patterns, and crop yields. Seasonal camps were often assembled and disassembled in permanent locations that were known to large groups of families (Bruseth 1972:7; Stillaguamish Tribe of Indians 2020b). Temporary mat houses were set up in the seasonal locations. The houses were made from cattails over pole supports (Tulalip Tribes 2016). Canoes were constructed for different uses: the Trolling Canoe was for a single person, the Large Canoe could hold between six and 15 people, and were primarily used for travelling, and the Shovel-Nose Canoe was a flat-bottomed canoe with a similar bow and stern used for travel and fishing in the rivers (Tulalip Tribes 2016). Fish were a staple food, including salmon, steelhead, sturgeon, smelt, herring, trout, and cod (Tulalip Tribes 2016). Weirs, traps, trawl nets, dip nets, gaff hooks, harpoons, and leisters were all used in the river and its tributaries to procure fish. Deer, elk, waterfowl, shellfish, and small mammals were all hunted to supplement their diet, using bow and arrows, deadfalls, snares, spears, and nets. Other foods included sprouts, roots and bulbs, berries, and nuts (Bruseth 1972, Stillaguamish Tribe of Indians 2020b; Suttles and Lane 1990; Tulalip Tribes 2016). A 1926 deposition by James Dorsey (Quil-Que-Kadam), a stuləgʷábš man who lived on the Stillaguamish River his entire life, detailed stuləgʷábš villages according to his own recollection and accounts told to him by elders. James Dorsey was born in 1850 and gave the deposition at age 76. He did not speak English, so his words were translated. James Dorsey’s account of life on the Stillaguamish River is among the oldest recorded by Euro-descended settlers. He recalled villages, cemeteries, and fishing locations along the Stillaguamish River, as the stuləgʷábš people lived relatively undisturbed until the 1870s (Lane 1973). Some of the villages from James Dorsey’s account are in Table 3. EXHIBIT N 15 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Table 3. Locations and descriptions of Indigenous villages and places near the Area of Potential Effects. Village Location Translated Place Name Description Reference Florence of which on Lot 11 were occupied by five families each, and one occupied by several families situated on Lot 12 Appendix 1 south from Kal-cud included burial ground Appendix 1 8220 Thomle Road, Stanwood families, located on Lots 5 and 6 Appendix 1 Rd. River, village of three houses shared by 200 people, situated on Lot 1, included a burial ground Appendix 1 Appendix 1 people, included a cemetery Pilchuck Creek and including a smoke house, included a burial ground Appendix 1 3.2 European Contact and the Treaty of Point Elliot Life for the Southern Coast Salish changed drastically after contact with European settlers. The introduction of European diseases, tools, material types, religion, and lifestyle all had great repercussions to the Indigenous people’s way of life (Boyd 1990, Marino 1990). European diseases such as smallpox, malaria, measles, influenza, dysentery, whooping cough, typhus, and typhoid fever were introduced to Indigenous peoples and devastated them, killing a conservatively estimated 80% of the population on the Northwest Coast of North America (Boyd 1990, Boyd 1999). In 1853, Congress organized the Washington Territory and appointed Isaac I. Stevens as the governor of the newly formed territory. On January 22, 1855, Governor Stevens met with representatives of the Duwamish, Suquamish, Snoqualmie, Snohomish, Stillaguamish, Swinomish, Skagit, Lummi, and other tribes and signed the Treaty of Point Elliot (Marino 1990). Over five million acres of land were ceded by the tribes, and in return the U.S. EXHIBIT N 16 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. government promised that they would maintain their right of self-governance, be able to fish at their accustomed places, and hunt and gather at any unclaimed land. The tribes were also promised education, healthcare, housing, and payment for their lands and homes. During the negotiations, the tribes were at a significant disadvantage, as Governor Stevens’ interpreter, Benjamin F. Shaw, spoke only in the Chinook Jargon, which then had to be retranslated into Lushootseed by John Taylor, a Snohomish interpreter (Hibulb Cultural Center & Natural History Preserve 2021). The unclaimed lands, which the Treaty of Point Elliot allowed as hunting and gathering locations for the Indigenous peoples, diminished as more white settlers traveled to the newly formed Washington Territory. This limited the food supply and way of life for the Indigenous tribes. Also, they were not paid as promised for their lands and homes. The schools and hospitals that were promised were not provided for decades after the treaty (Hibulb Cultural Center & Natural History Preserve 2021). This is in line with the U.S. government’s pattern of false promises and the unmutual recension of agreements with the Indigenous people of North America. Between 1887 and 1934, over two-thirds of all reservation lands in the United States of America (more than 90 million acres) were taken by the U.S. government and sold to settlers (National Congress of American Indians 2021). 3.3 Historic Arlington The APE is located within the city limits of the City of Arlington, approximately four miles southwest of the convergence of the North Fork and South Fork of the Stillaguamish River. The first European-descended settlers to arrive to present-day Arlington in 1851, were prospectors looking for ore in the river. A rough wagon road was constructed following the trail that brought settlers from Marysville, opening the area for more arrivals. The first store was situated near the river fork and was opened in 1887 by Nels K. Tyete and Nils C. Johnson. The White House Hotel opened the same year. In the spring of 1890, two towns were platted near each other, Arlington and Haller City. In 1903 the City of Arlington incorporated both towns after Haller City businessmen agreed that Arlington was in a more advantageous location than Haller City (Figure 3) (City of Arlington 2021). Following World War I, the City of Arlington continued to thrive in the agricultural, dairy farming, and shingle milling industries. During the Great Depression, many people found themselves unemployed, and in 1933 the Civilian Conservation Corps opened a camp near Darrington to employ men for civil work. An airstrip was constructed in Arlington in 1934 and was leased to the US Navy as a reinforcement to the training facilities in Seattle. Two US Navy Squadrons were stationed at the airstrip during WWII, and after the war ended the airfield fell back into civilian management (Oakley 2007). After World War II, the City of Arlington’s economy relied on logging and agriculture. By the 1980s, Arlington experienced a population boom as people moved into the area for affordable housing while working in Everett and Marysville (Oakley 2007). In 1999, the community of Smokey Point, south of Arlington, was annexed into the city (City of Arlington 2021). Today, the City of Arlington continues to grow as a commercial and residential center. EXHIBIT N 17 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 3. Business district of downtown Arlington after the town merger (Museum of History and Industry ca. 1907). 3.3.1 Indigenous People in the Present-Day In 1974 the Stillaguamish Tribe of Indians petitioned the federal government for federal recognition as a Tribe. As Esther Ross put it in 1975, the Tribe would dwindle without recognition until it no longer exists, saying, “The Stillaguamish Tribe is unable to wait any longer” (The Spokesman-Review 1975). On October 27, 1976, the Stillaguamish Tribe of Indians gained federal recognition. In 2014 the Tribe was finally granted 64 acres of land for a reservation in Arlington, near the Tribal headquarters (Stillaguamish Tribe of Indians 2020b). Tulalip Tribes underwent organization under the Indian Reorganization Act of 1934, and had a Constitution and Bylaws approved in 1936. There is now a seven member Tulalip Board of Directors that acts as the governing body. The Tribe is currently made up of 4,900 members, and provides services such as early learning academy, high education assistance, health and dental care, and a senior retirement home (Tulalip Tribes 2016). 3.3.2 History of the Area of Potential Effects The APE was first mapped by the U.S. General Land Office in 1875. At that time, the APE was situated just south of a wetland below the river terrace, approximately two miles south of the Stillaguamish River. Ba Quab (Kent’s Prairie) was mapped about a half mile to the southeast of the APE (Figure 4). The vegetation mapped within the APE consisted of hemlock, alder, and spruce (U.S. Surveyor General 1875). The first land patents that overlap with the APE were issued to, Oliver P. Cummings in 1889, Henrich Sinn in 1889, and Frederick Funk in 1891 (U.S. Bureau of Land Management 1889a, 1889b, 1891). By 1910, the APE was within the footprint of a road that was mapped in the alignment present day SR 530, and rather than curving north towards Arlington as it does in the present-day, the EXHIBIT N 18 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. road followed the path of present-day 211th Place NE (Figure 5). A railroad was mapped parallel to the eastern edge of 67th Avenue NE (Anderson Map Company 1910; USGS 1911). The land on the north side of the road within APE was claimed by August Lammers and W. J. Brounty. The land on the south side of the road was claimed by August Lammers and John J. Meyers (Anderson Map Company 1910). In 1914, the section of road between Silvana and Arlington was named Permanent Highway 10 and was constructed with concrete pavement (DAHP 2014). In 1927, the land south of the road within the APE was subdivided and the north side of the road was claimed by A. Olson and G. Hamilton (Metsker Map Company 1927). Aerial imagery from 1933 missed the APE, but agricultural fields covered the area north of the APE (Figure 6) (Puget Sound River History Project 2023). In 1936, little had changed within the APE (Metsker Map Company 1936). By 1941, present-day 211th Place NE was still a part present-day SR 530, which was labeled as Primary State Highway 1E, a heavy-duty road. Houses were mapped along the southern side of the road, and at the northeastern corner (USGS 1941). In 1952, the south side of the road was further subdivided, and the north side of the road was claimed by Dora B. Warren and W. M. Kroeze (Kroll Map Company 1952). Aerial imagery from 1953 showed that the southern APE was lined with houses, and the ridgeline north of the APE was forested, with agricultural fields in the Stillaguamish River floodplain north of the ridgeline. (NETROnline 2023). Little had changed by 1960 (Metsker Map Company 1960; USGS 1956). In 1963, Primary State Highway 1E was renamed State Route 530 (Prahl 1965). By 1975, the present-day section of SR 530 that turns north towards Arlington was built, and the road making up the APE was no longer part of the highway. The land on the north side of the APE was claimed by Dan C. Grewe and John Verhey (Metsker Map Company 1975). In the 1980s and 1990s, the APE was mapped as 211th Place NE and the land northeast of the APE was subdivided (Metsker Map Company 198x, 1992). Aerial imagery between the 1990s and 2010s showed increased residential development along the south side of the APE (NETROnline 2023). Figure 4. The APE on a section of the 1875 GLO Map. EXHIBIT N 19 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 5. The APE on a section of the 1911 USGS Map. Figure 6. Aerial imagery north of the APE in 1933. EXHIBIT N 20 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 4.0 Archaeological Review A review of the Department of Archaeology and Historic Preservation’s (DAHP) database of recorded archaeological sites and previous archaeological work within a one-mile radius of the Area of Potential Effects (APE) was conducted prior to field work. According to DAHP’s Predictive Model, the APE is at a moderate to high risk for the presence of cultural resources. 4.1 Recorded Archaeological Sites There were three recorded archaeological sites within a one-mile (mi) radius of the APE and seven within a 1.5-mile (mi) radius, which are detailed in Table 4 and below. Table 4. Recorded archaeological sites within a one-mile radius of the APE. Site Number Site Type Site Recorders Distance from Project Area 45SN766 Precontact lithic material Osiensky 2020 0.52 mi southeast 45SN444 Historic refuse scatter Smith 2008 0.95 mi north 45SN486 Precontact lithic isolate Carrilho 2009 1.0 mi southeast 45SN409 Historic refuse scatter Carrilho 2006 1.05 mi north 45SN795 Historic pier remnants N/A 1.2 mi north 45SN026 Precontact lithic material Myrick and Kidd 1961; Obermayr 1991 45SN766: The Jensen Lithic Scatter (45SN766) was a precontact lithic material site, comprised of lithic flakes, tools, debitage, and Fire modified rock (FMR), 0.52 mi southeast of the APE. The lithic artifacts included one partial flake with use-wear, one broken projectile point of white, translucent cryptocrystalline silicate, one bifacially flaked artifact, debitage flakes, and FMR. The artifacts were associated with the Olcott Phase based on material, size, bifacial edge, cortex, and patina. The site spanned an area that was 40 meters (m) long and 1 m wide. The artifacts were found between 35 and 60 centimeters (cm) depth below surface (dbs) within B- Horizon soils (Osiensky 2020). 45SN444: Historic refuse scatter site 45SN444 was identified 0.95 mi north of the APE. The site was comprised of historic debris and a privy feature. Eighty artifacts were identified, including brick, glass fragments, square-headed nails, a 1909 coin, and a green, jadeite bowl fragment. Aerial images showed that at least one building was present at the site prior to 1933. It was demolished between 1956 and 1961 (Smith 2008). 45SN486: Precontact lithic isolate site 45SN486 was a basalt thumbnail scraper located 1.0 mi southeast of the APE. It was found in the upper 20 cm of a shovel test. No other artifacts were identified in the area (Carrilho 2009). 45SN409: Historic refuse scatter site 45SN409 was identified 1.05 mi north of the APE. The scatter spanned an area 100 ft long and 70 ft wide and was comprised of 133 artifacts and a privy feature. The artifacts were dated between 1890s and 1930s. The artifacts were comprised of architectural and domestic refuse (Carrilho 2006). 45SN795: Site 45SN795 is comprised of historic pier remnants of the old State Route 9 bridge. They are mapped on both sides of the river. The DAHP’s database had no inventory for this resource. EXHIBIT N 21 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 45SN026: Precontact lithic material site 45SN026 was identified by Myrick and Smith (1961) 1.44 mi south of the APE. The site was located on a flat terrace, a few yards from a high ridge. Artifacts were identified scattered across several acres on the ground surface. The site’s dimensions were 500 yards long and 100 yards wide. In 1961, the area was actively being used for agriculture. Identified artifacts included lithic choppers, scrapers, bifacially worked points, lithic fragments, and one serrated point. Obermayr (1991) revisited the site but did not identify any cultural material. Most of the site had been covered in fill, leveled, or was overgrown with grass. 45SN391: Historic agriculture site 45SN391 was comprised of a historic drainage ditch located 1.5 mi east of the APE. The ditch was 67 m long, 6 m wide, and 2 m deep. It was part of a large irrigation network that linked with the Stillaguamish River 400 m away. The ditch was dated between 1890 and 1910 when the property was owned by Moran & Company (Ozbun 2004). 4.2 Cultural Resource Surveys There have been 13 cultural resources assessments within a one-mile radius of the APE. These surveys are detailed in Table 5 and below. Table 5. Cultural resource assessments within a one-mile radius of the APE. Reference NADB Report Title Result 2010a Archaeological Assessment for the 67th Avenue Phase III Improvement Project Arlington, Snohomish County, Washington negative Ozbun 2005 1346406 Eastern Railway Spur at the Arlington 3 Pipeyard negative Iversen 2014a 1685034 Snohomish County, Washington negative Wilson . 2013 Prairie Creek Drainage Improvements Project- Phase 2 Construction Cultural Resources Assessment, Arlington, Snohomish County, Washington negative Iversen 2014b 1685732 Drainage Improvements Project- Phase 2 Construction, (Permit Reference Number NWS-2013-01023) negative Bush and Wilmoth 2020 Archaeological Investigation Report: Pilchuck Village Project (Parcels 00769800000600 and 00793300002801), Arlington, Snohomish County, Washington negative Iversen and Osiensky 2020a Archaeological Assessment for the Lux Project, Arlington, Snohomish County, Washington positive for 45SN766 et al. 2016 Archaeological Survey and Evaluation of the Proposed Park 77 Development, Arlington, Snohomish County, Washington negative Kanaby and Kelly 2012 Cultural Resources Survey for the U.S. Army Corps of Engineers’ Snohomish County, Washington negative Iversen and Osiensky 2020b Cultural Resources Assessment for the Arlington Valley Road Land Sale Project, Arlington, Snohomish County, Washington negative EXHIBIT N 22 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Reference NADB Report Title Result et al. 2023 A Cultural Resources Assessment of the Amber Grove Development Snohomish County, Washington negative Smith 2008 Cultural Resources Assessment for the Alington Constructed Stormwater Wetland, Arlington, Snohomish County, Washington positive for 45SN444 Smith 2009 Phase 2 Cultural Resources Assessment for the Sedro Wooley- Horse Ranch Transition Line Upgrade, Skagit County and Snohomish County, Washington positive for 45SN486 Drayton Archaeological Research (Chambers 2010a) performed a cultural resources assessment along 67th Avenue, directly east of the APE. The cultural resources assessment included a pedestrian survey of the area and the inspection of soil piles throughout the project. No artifacts were identified during the inspection of the soil piles. During the pedestrian survey, eight historic properties were identified, including a segment of the historic SLS&S Railway. Historic Property Inventories (HPIs) were created for the properties that were previously unidentified. It was recommended that the project proceed without archaeological oversight. Archaeological Investigations Northwest, Inc. (Ozbun 2005) performed a cultural resources assessment prior to pipeline improvements 150 ft east of the APE. The assessment included background research and a site visit. It was determined that the project would have no adverse effects on historic properties. No further archaeological oversight was recommended. ASM Affiliates (Iversen 2014a) performed archaeological documentation of a buried railroad spur along 67th Avenue, 250 ft northeast of the APE. The buried spur was associated with the SLS&S Railway but was not considered a contributing element to the National Register of Historic Places. The identified section of buried railroad was 110 ft long and 5 ft wide. No further archaeological oversight was recommended. Environmental Science Associates (Wilson et al. 2013) performed a cultural resources assessment along Prairie Creek 0.4 mi south of the APE. The cultural resources assessment included background research, pedestrian survey, and subsurface testing. Five shovel tests were dug, all of which disturbed by previous construction activities. No cultural resources were identified. It was recommended that the project proceed with an archaeological monitor onsite during all ground disturbing work. ASM Affiliates (Iversen 2014b) performed archaeological monitoring tasks during the ground disturbing work 0.4 mi south of the APE. The work included the replacement of a culvert, Prairie Creek channel realignments, and sediment removal from the channel. No cultural resources were identified during this work. Equinox Research and Consulting International, Inc (Bush and Wilmoth 2020) performed a cultural resources assessment on four acres 0.42 mi south of the APE. The area was inspected via a pedestrian survey and the digging of 20 shovel tests. Identified sediments included imported and local fill over glacial outwash. No cultural resources were identified, and no further archaeological oversight was recommended. ASM Affiliates (Iversen and Osiensky 2020a) conducted a cultural resources assessment prior to the construction of an apartment complex 0.5 mi southeast of the APE. Thirty-nine shovel tests were dug within the 3.2-acre project area. Of these, eight were positive for precontact lithic material, including FMR, lithic flakes, and lithic tools. The site was designated the Jensen Lithic Scatter (45SN766). One artifact, a bifacially flaked cobble, was interpreted to be from the Olcott EXHIBIT N 23 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Phase. All artifacts were identified in a disturbed context. It was recommended that a DAHP Archaeological Monitoring Permit be obtained and followed prior to ground disturbing work for the project. Caldera Archaeology (Larsen et al. 2016) investigated seven adjoining parcels 0.61 mi southeast of the APE. The project included the construction of 17 multi-family apartment buildings on eight acres. Thirty shovel tests were dug throughout the project area, all of which were negative for cultural material. No further archaeological oversight was recommended. The U.S. Army Corps of Engineers (Kanaby and Kelly 2012) performed a cultural resources assessment of 29 places along the Stillaguamish River and Cook Slough, including a section of the Stillaguamish River 0.7 mi north of the APE. The investigated areas within one mile of the APE were negative for cultural material. Historic archaeological site 45SN601 and 45SN602 were identified during this project. ASM Affiliates (Iversen and Osiensky 2020b) conducted a cultural resources assessment of 12.54 acres 0.8 mi south of the APE. Thirty shovel tests were dug at an interval of 20-30 meters. All of the shovel tests were negative for cultural material. No further archaeological oversight was recommended for the project. Drayton Archaeology (Baldwin et al. 2023) performed a cultural resources assessment of 14- acres of land 0.84 mi southeast of the APE, prior to residential development. Twenty-nine shovel tests were dug, all of which were negative for cultural material. No further archaeological oversight was recommended. Northwest Archaeological Associates, Inc. (Smith et al. 2008) performed a cultural resources assessment of 26 acres located 0.84 mi north of the APE along the southern bank of the Stillaguamish River. Eighty-eight shovel tests were dug, and ten excavated trenches were monitored. Five historic properties were identified and documented. In addition, historic refuse scatter site 45SN444 was identified. It was recommended that the project avoid excavating within the boundaries of site 45SN444. If unavoidable, any excavations within the site boundary required a DAHP excavation permit. Northwest Archaeological Associates, Inc. (Piper and Smith 2009) conducted a cultural resources assessment prior to power pole and access road upgrades along a 39-mile stretch, including a section 1.0 mi southeast of the APE. The project spanned 579.2 acres, and ten archaeological sites were identified throughout the project. Precontact lithic isolate side 45SN486 was identified 1.0 mi southeast of the APE. This site was comprised of a basalt thumbnail scraper that was identified at the edge of the uplands south of Arlington within the top 20 cm of sediment. It was recommended that fill should be imported to the area to avoid nearby ground disturbance. 4.3 Historic Properties There at 498 inventoried Historic Property within a one-mile radius of the APE. None of these properties are on the National Register of Historic Places. Eight of the historic properties that have been documented lie adjacent to the APE, to the north and to the south. These properties are detailed below in Table 6. There is one historic-aged property located at 6516 211th Place NE, which has not been previously recorded. The Historic Property Inventory Form that Legacy Anthropology, LLC produced for 6516 211th Place NE can be found the WISAARD application. EXHIBIT N 24 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Table 6. Properties recorded on Historic Property Inventory adjacent to the Area of Potential Effects. DAHP Property ID Status from APE Built 114199 and 214099 Chambers 2010b Place Northeast not eligible south Inc. 2011b south Inc. 2011c south Inc. 2011d south Inc. 2011e south Inc. 2011f (TPN 31051100301600) south longer exists Inc. 2011g south 1960 Inc. 2011h (TPN 31051100301500) north 1951, 1960 4.4 Recorded Cemeteries There is one recorded cemetery within one mile of the APE. The Arlington Municipal Cemetery is located 0.5 mi south of the APE. It was established in 1904 as the Harwood Cemetery and contains many of the graves of the early Arlington and Haller City residents. Over time, neighboring parcels were added to the cemetery; it now encompasses over 30 acres. The cemetery was run by a non-profit cemetery association until 1999 when the City of Arlington took over its maintenance. In 2018, the cemetery contained 7,803 burials. The cemetery is in active use (Historic Cemetery Preservation Capital Grant Program 2018). 4.5 Traditional Cultural Properties There are no recorded Traditional Cultural Properties within one mile of the APE. EXHIBIT N 25 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 5.0 Methods Prior to fieldwork, a thorough review of the geological and cultural history was conducted, as well as a review of previous archaeological projects and recorded archaeological sites. The Snohomish County assessor parcel map portal, SCOPI, was used to identify parcel information. Additionally, historic maps, including GLO, Metsker, Anderson, Kroll, and USGS Quadrangle maps, as well as historic aerial imagery of the Area of Potential Effect (APE) were inspected. Field methods are outlined below. 5.1 Objectives and Expectations Based on the Project’s geologic, cultural, and archaeological background, we consider the APE to be at a high risk for the presence of precontact and historic cultural resources. The objective of the survey, which included pedestrian and subsurface investigations, was to sample enough of the APE to identify the presence of an archaeological site. The APE is situated along the ridgeline of a high river terrace above the Stillaguamish River floodplain, and 211th Place NE provides a link between these two landforms. Ba Quab (Kent’s Prairie), the location of precontact archaeological site 45SN766, was mapped about a half mile to the southeast of the APE, and a wetland was mapped on the 1875 GLO map at the base of the ridgeline. The ethnographically noted village of Skabalko was approximately 1.2 miles north of the APE. This location on a flat, livable surface of a river terrace near wetland and prairie resources makes it very likely that precontact material evidence of the Indigenous people’s use of the area since time immemorial is present within the APE. The segment of road now named 211th Place NE was first built between 1875 and 1910. The chance of encountering historic cultural resources is also high, due to this being an early access road to the City of Arlington. 5.2 Field Methods On August 10 and 11, 2023, Legacy Anthropology, LLC conducted an archaeological assessment, including pedestrian survey and subsurface testing, throughout the testable areas of the right-of-way on the north and south sides of the road, avoiding buried utilities and steep slopes. The survey was conducted by Susan C. Larsen, M.A., who meets the Secretary of the Interior’s Standards for a Professional Archaeologist, Nicholas E. Gouette, B.A., and student Carl Pine, of Legacy Anthropology. The weather conditions were sunny. The APE spanned the whole 2,200-foot-long segment of 211th Place NE between State Route (SR) 530 and 67th Avenue. 5.2.1 Pedestrian Survey The pedestrian survey consisted of walking a transect along each side of the road, paying careful attention to exposed soils and all material on the ground surface that could indicate the presence of cultural resources. Sediments were carefully inspected for the presence of cultural material. Utility locate paint, indicating the presence of buried utilities was noted and mapped. 5.2.2 Subsurface Testing The subsurface survey included the excavation of 41 shovel tests within the APE (Figure 7 and Figure 8). The shovel tests were placed systematically and judgmentally. The survey was originally designed to place shovel tests on both sides of the road at a staggered 30-meter (m) interval. However, due to the extensive amount of buried utilities and sidewalk on the south side of the road and the steep slope on the north side, the 30-m interval was not always feasible. At the western third of the APE, testing was not possible on the south side of the road, so the north side was tested at a 20-m interval. In total, 26 shovel tests were dug on the north side of the road and 15 were dug on the south side. EXHIBIT N 26 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Each shovel test was excavated to at least 100 centimeters depth below surface or until reaching glacial material, with a width of about 50 centimeters. The use of a four-inch, hand-driven bucket auger was attempted to achieve greater depth, however the sediment was so dry that the material fell out of the auger before it was brought out of the hole. All sediments excavated from each shovel test were sieved through a quarter-inch mesh in a standing screen. Sediments and objects that did not pass through the screen were carefully examined. Descriptions and depths of sediments and soils exposed in each shovel test wall were documented and photographed (Appendix 3). Sediment and soil types were interpreted using the USDA’s Soil Texture Triangle, the Munsell Color System, and the literature outlined in the Environmental Setting section. The profile of each shovel test was photographed. After documentation, each shovel test was backfilled completely with material removed from it. EXHIBIT N 27 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 7. Map of shovel testing within the eastern portion of APE. EXHIBIT N 28 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 8. Map of shovel testing within the western portion of APE EXHIBIT N 29 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 6.0 Archaeological Survey Results Total Subsurface Tests 41 Positive Subsurface Tests 3 Negative Subsurface Tests 38 6.1 Pedestrian Survey A pedestrian survey of the APE, comprised of the right-of-way along both sides of 211th Place NE between 67th Avenue and State Route (SR) 530, was performed. The road ran along the ridgeline of a river terrace and sloped down onto the Stillaguamish River floodplain at the road’s western end. The road ran east to west but was slightly skewed towards southeast to northwest. Observed flora included: Western red cedar (Thuja plicata), big leaf maple (Acer macrophyllum), Eastern pine (Pinus strobus), Himalayan blackberry (Rubus armeniacus), and lawn grasses. The very eastern edge of the APE, east of 67th Avenue NE, was comprised of an active railroad prism. From 67th Avenue NE to 67th Drive NE, the road was relatively flat and was aligned east to west. The road prism was built up approximately 1.5-2 feet (ft) from the original ground surface through this area (Figure 9). The level ground of the river terrace flanked both sides of the road, until reaching the gravel driveway at 6823 211th Place NE, where the north edge of the road sloped down steeply at the river terrace’s edge. The steep northern edge in this area was covered in Himalayan blackberries and the flat portions were covered with lawn grasses and landscaping mulch. A paved sidewalk extended along the southern edge of the road (Figure 10). The right-of-way edge was irregular in shape. In some areas along the southern edge, the sidewalk took up the entire right-of-way, but some sections had spaces of grass between the sidewalk’s edge and the right of way edge. Buried utilities were marked on both sides of the road, but most were on the south side. Little sediment was visible at the ground surface in this area except for dark grayish brown, imported angular gravels. Between 67th Drive NE and 66th Avenue NE, the road began to slope downward southeast to northwest towards the Stillaguamish River floodplain. The northern edge of the road continued to run along the ridgeline of the river terrace, and the ground between the road’s edge and the river terrace’s edge was very narrow. The southern edge of the road had been graded below the natural level of the terrace. At 67th Drive NE on the south side of the road, there was an approximately 2 ft tall bank, and at 66th Avenue NE, the bank was approximately 6.5 ft tall on the south side (Figure 11). The banks observed were at an approximately 45-degree slope. These banks indicated that the road had been cut into the edge of the river terrace when the road was originally built. The sidewalk that ran along the southern edge of the road ran northwest from 67th Drive NE and stopped at 66th Avenue NE. Most of the buried utilities were marked on the south side of the road. Yellowish brown, pebble-rich sandy loam was visible at the ground surface along the banks on the south side of the road. This sediment was interpreted to be glacial outwash. From 66th Avenue NE to the new pavement at the roundabout at 211th Place NE and SR 530, the road sloped down to the Stillaguamish River floodplain. Rather than following the ridgeline of the river terrace, which turned to the southwest, this section of the APE headed west. Rather than a cut, this section of road was mostly a fill that linked the top of the terrace to the floodplain below (Figure 12). The entire APE was comprised of a built-up road prism that sloped down at both sides. At the very northwestern corner of the APE, some of the flat floodplain was identified and the road turned slightly to the north towards SR 530. Buried utilities ran along the southern edge of the road, and at its western end, there was a graveled section of 211th Place EXHIBIT N 30 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. NE that spurred due west. The northern edge of the road was slightly steeper and asphalt chunks were visible. Sediments visible at the ground surface in this area included yellowish brown, pebble-rich sandy loam near 66th Avenue NE and dark grayish brown, imported angular gravels to the west. The historic properties identified adjacent to the APE during the background research for this project were observed during the pedestrian survey. These properties included: 6924, 6822, 6900, and 6810 211th Place NE and 6708 212th Street Northeast. Historic Property Inventories existed for all these properties except 6516 211th Place NE. This property was not accessible from 211th Place NE, and only the back corner of the roof was visible from the road, as it was obscured by a fence overgrown with blackberries. The property was accessible from an alley from 66th Avenue NE (Figure 13). No historic resources were identified within the APE. No cultural resources were identified during the pedestrian survey of the APE. One historic property was documented outside the APE, Property ID 731528. Figure 9. Overview of the north side of 211th Place NE between 67th Avenue NE and 67th Drive NE, note built-up road prism and flat surface of the river terrace, view to the west. EXHIBIT N 31 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 10. Overview of the APE between 67th Avenue NE and 67th Drive NE, note the sidewalk and located buried utilities along the south side of the road, view to the west. Figure 11. Overview of the APE between 67th Drive NE and 66th Avenue NE, note as the road slopes to the northwest the bank on the south side of the road increases, view to the northwest. EXHIBIT N 32 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 12. Overview of the APE west of 66th Avenue NE, note the built-up road prism on both sides of the road, view to the northwest. Figure 13. Overview of the historic property at 6516 211th Place NE taken from an alley from 66th Avenue NE, view to the north. EXHIBIT N 33 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 6.2 Subsurface Survey A total of 41 shovel tests were dug throughout the APE. Precontact lithic artifacts were identified in three of the shovel tests (STs 4, 17, and 20), and the other 38 shovel tests were negative for cultural material. Four distinct sediment profiles were identified within the APE. All of the shovel tests displayed evidence of previous disturbance. The average depth of termination for the shovel tests was 81 cm dbs. The first sediment profile was identified at the eastern portion of the APE (Figure 14). At the south side of the road, this profile was identified between 67th Avenue NE and 67th Drive NE. At the north side of the road, it was identified between 67th Avenue NE and the gravel driveway to 6823 211th Place NE. This sediment profile was identified in 17 shovel tests (STs 1-5, 8, 17-23, and 37-40). It was comprised of three layers. The first layer was imported fill comprised of grayish brown to dark grayish brown, angular gravel-rich sandy loam with an abrupt basal transition. This first layer often contained modern refuse including glass fragments, ceramic fragments, concrete chunks, nails, and plastic. The second layer was a relic B-horizon soil comprised of brown to dark yellowish brown rounded to sub-rounded gravelly, sandy loam with charcoal flecks. The three lithic artifacts identified within the APE were identified in this layer. The basal transition of this layer was usually gradual and intact. However, the basal transition to the third layer was abrupt and disturbed in STs 2, 37, and 38. This layer also appeared disturbed and contained modern refuse in ST 18. The third layer was C-Horizon and R-Horizon soil from a parent material of glacial outwash comprised of dark yellowish brown to grayish brown, rounded gravel-to-cobble-rich sand to sandy loam. This third layer was absent in the profiles of STs 8, 17, 18, 20, 22, and 38 because the shovel tests were terminated before reaching it. For details of precontact lithic site 45SN879, which was identified in shovel tests that exhibited this first sediment profile, see section 6.2.1 below. The second sediment profile was identified throughout the western portion of the APE (Figure 15). On the south side of the road, it was identified from 67th Drive NE to west of 66th Avenue NE. On the north side of the road, it was identified from the gravel driveway at 6823 211th Place NE to where the APE dips into the Stillaguamish River floodplain just east of SR 530. It was identified in 15 shovel tests (STs 11-16, 24-29, 31, and 33-34). This sediment profile was comprised of two layers. The first layer was imported fill consisting of dark grayish brown, angular gravel-rich sandy loam with an abrupt basal transition. It often contained modern refuse and was the same as the first layer identified in the first sediment profile. The second layer of this sediment profile was glacial outwash comprised of yellowish brown to grayish brown, rounded gravel-to-cobble-rich sand to sandy loam. This second layer appeared intact to the east and disturbed to the west. In shovel tests west of 66th Avenue NE (STs 27-29, 31 and 33-34), this second layer was disturbed and contributed to the road prism that was built-up towards SR 530. The third sediment profile was identified at the western edge of the APE on the north side of 211th Place NE (Figure 16). It was identified in two shovel tests (STs 35 and 36). It was comprised of two to three layers. One of the shovel tests (ST 35) had a top layer of imported fill comprised of dark grayish brown, angular gravel-rich sandy loam with an abrupt basal transition. The next layer was a dark grayish brown sandy clay to sandy clay loam. This layer was disturbed and contained modern refuse in one of the shovel tests (ST 36). The third layer was a dark brown to brown, gravel-to-cobble-rich sandy loam that contained modern refuse in one of the shovel tests (ST 36). The fourth sediment profile was identified throughout the APE (Figure 17). It was identified in seven shovel tests (6-7, 9-10, 30, 32, and 41). It contained one layer comprised of dark grayish brown gravel-to-cobble-rich sandy loam. This layer was comprised of disturbed local and EXHIBIT N 34 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. imported fill and often contained modern refuse including chunks of asphalt and glass fragments. The first sediment profile, which was identified at the eastern portion of the APE, was consistent with a layer of imported and disturbed local fill on top of horizons of Alderwood-Everett gravely sandy loam, which was previously mapped at the center of the APE. In this first sediment profile, no A-horizon soil was identified, indicating that it was likely removed with any organic material when 211th Place NE was paved. Besides the disturbed upper portion of this profile, the rest appeared relatively intact with a gradual basal transition of the B-Horizon. It was in this intact B-horizon that the precontact lithic artifacts of archaeological site 45SN879 were identified. The second sediment profile was consistent with imported and disturbed local fill on top of intact and disturbed glacial outwash deposits of the Arlington Sand Member. Shovel tests with this profile appeared more disturbed in the western portion of the APE. The third sediment profile was consistent with disturbed imported and local fill. The layer of sandy clay to sandy clay loam in this third profile appeared to be disturbed, imported local alluvium. The fourth sediment profile was consistent with the imported and disturbed local fill that was identified in the top layer of all the other profiles. For full shovel test notes, see Appendix 3 of this document. Figure 14. Example of the first sediment profile identified within the eastern APE, from ST 22, view to the south. EXHIBIT N 35 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 15. Example of the second sediment profile identified within the western APE, from ST 31, view to the south. Figure 16. Example of the third sediment profile identified at the western edge of the APE, from ST 35, view to the east. EXHIBIT N 36 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 17. Example of the fourth sediment profile identified throughout the APE, from ST 41 terminated at impassible boulder, view to the north. 6.2.1 Precontact Archaeological Site 45SN879 Precontact site 45SN879 was identified within the eastern half of the APE and was comprised of three lithic artifacts. The artifacts were identified in three shovel tests (ST 4, 17, and 20). Shovel tests 4 and 20 were located three meters (m) apart on the south side of the road, within the right-of-way at Parcel No. 1051100301600. Shovel test 17 was located on the north side of the road, within the right-of-way at 6905 211th Place NE. The site spanned an area 103 m long (east to west) and 25 m wide (north to south). The road prism of 211th Place NE bisects the site, and its construction likely disturbed it. Delineation of the site boundaries was limited by the paved road, buried utilities, and the narrow right-of-way. The three lithic artifacts were all made from fine-grained igneous rocks. One of the flakes was a primary flake (Figure 18), and two were secondary flakes (Figure 19 and Figure 20). All three flakes were found within a layer of dark yellowish brown sandy loam at depths between 50 and 70 cm dbs. The artifacts all displayed bulbs of percussion, working edges, and an old patina. The primary flake displayed radial fissures. The secondary flakes displayed flake scars on their dorsal sides. The layers above the artifacts displayed evidence of previous disturbance, but the context of the artifacts and below appeared relatively intact. For more details on site 45SN879 see Appendix 2 below. EXHIBIT N 37 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 18. Primary flake from ST 4 with dorsal side on the left and ventral side on the right, note the bulb of percussion and radial fissures at the top of the photo on the ventral side. Figure 19. Secondary flake from ST 17 with dorsal side on the left and ventral side on the right, note flake scars on the dorsal side and bulb of percussion on the ventral side. EXHIBIT N 38 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Figure 20. Secondary flake from ST 20 with dorsal side on the left and ventral side on the right, note flake scars on the dorsal side and bulb of percussion on the ventral side. EXHIBIT N 39 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 7.0 Conclusions and Recommendations On August 10 and 11, 2023, Legacy Anthropology, LLC conducted an archaeological assessment for the City of Arlington 211th Pl NE – 67th Ave NE to SR 530 (P-02.571) Project, including pedestrian survey and subsurface testing, throughout the testable areas of the right-of-way on the north and south sides of the road, avoiding buried utilities and steep slopes. The survey was conducted by Susan C. Larsen, M.A., who meets the Secretary of the Interior’s Standards for a Professional Archaeologist, Nicholas E. Gouette, B.A., and student Carl Pine, of Legacy Anthropology. Four sediment profiles were identified within the Area of Potential Effects (APE). The first sediment profile, which was identified at the eastern portion of the APE, was consistent with a layer of imported and disturbed local fill on top of horizons of Alderwood-Everett gravely sandy loam. The second sediment profile was consistent with imported and disturbed local fill on top of intact and disturbed glacial outwash deposits of the Arlington Sand Member. The third sediment profile was consistent with disturbed imported and local fill. The fourth sediment profile was consistent with the imported and disturbed local fill that was identified in the top layer of all the other profiles. During background research and the pedestrian survey, nine historic properties were identified adjacent to the APE. None of these historic properties were eligible for listing on the National Register of Historic Places. During the subsurface testing, three flaked lithic artifacts, representing a low-density lithic scatter (45SN879), were identified within three separate shovel tests over a 100-meter area. The precontact lithic artifacts of site 45SN879 were comprised of one primary flake and two secondary flakes. These artifacts were found within an intact context, although sediments above the layer in which they were found were disturbed during previous road and residential development. Precontact archaeological site 45SN879 is bisected by 211th Place NE, and its construction likely disturbed the site. Protected cultural resources were identified during this survey. Based on the positive result of the archaeological survey we recommend the following: • That the proposed Project is not anticipated to have adverse effects on the documented historic properties adjacent to the APE, including Property ID 731528. • That the proposed Project will impact precontact archaeological site 45SN879. • That a monitoring permit be issued by DAHP for ground disturbing work occurring within site 45SN879 • That all ground disturbing work within a 200-foot radius around 45SN879 be monitored by a Professional Archaeologist • That a detailed Archaeological Monitoring Plan be generated and applied to the areas to be monitored • That an Inadvertent Discovery Plan (IDP) be followed during ground disturbing activities outside of the 200-foot buffer of precontact archaeological site 45SN879 (see Appendix 1) EXHIBIT N 40 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 8.0 References Cited Ames, Kenneth M., and Herbert D. 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Prepared for Lee & Associates by ASM Affiliates, Stanwood, Washington On file, Washington State Department of Archaeology and Historic Preservation, Olympia. Kanaby, Kara M., and Katherine Kelly 2012 Cultural Resources Survey of the U.S. Army Corps of Engineers’ Stillaguamish River Flood Control Project Snohomish County, Washington. Prepared for U.S. Army Corps of Engineers by U.S. Army Corps of Engineers, Seattle, Washington On file, Washington State Department of Archaeology and Historic Preservation, Olympia. Kroll Map Company 1952 Atlas of Snohomish County, Wash. T. 31 N., R. 5 E. Electronic document, https://historicmapworks.com/Map/US/488898/Page+14+Township+31+N++Range+ 5+E++English+Lakewood++Edgecomb++Stimson++Arlington+Airport/Snohomish+Co unty+1943+Revised+1952/Washington/, accessed August 20, 2023. Lane, Barbara 1973 Anthropological Report on the Identity, Treaty Status and Fisheries of the Stillaguamish Indians. On file, Washington State Department of Archaeology and Historic Preservation, Olympia. Larsen, Susan C., Ed P. Arthur, and Camille A. Mather 2016 Archaeological Survey and Evaluation of the Proposed Park 77 Development, Arlington, Snohomish County, Washington. Prepared for WD Arlington Investments, LLC by Caldera Archaeology, Bellingham, Washington On file, Washington State Department of Archaeology and Historic Preservation, Olympia. EXHIBIT N 43 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Marino, Cesare 1990 History of Western Washington Since 1846. In Handbook of North American Indians, Vol. 7, Northwest Coast. Edited by Wayne Suttles, pp. 169-179. Smithsonian Institution, Washington D.C. Matson, R. G., and Gary Coupland 1995 The Prehistory of the Northwest Coast. Academic Press, Inc., San Diego, California. Metsker Map Company 1927 Township 31 N. Range 5 E.W.M., Arlington, English Sta., Stimson Crossing, Sisco, Edgecomb. Electronic document, https://historicmapworks.com/Map/US/ 699484/Township+31+N++Range+5+E+W+M+++Arlington++English+Sta+++Stimso n+Crossing++Sisco++Edgecomb/Snohomish+County+1927/Washington/, accessed August 20, 2023. 1936 Township 31 N. Range 5 E.W.M., Snohomish County, Washington. Electronic document, https://historicmapworks.com/Map/US/1603269/Page+015+++ Township+31+N+++Range+5+E++Edgecomb++Arlington++Lakewood/Snohomish+C ounty+1936/Washington/, accessed August 20, 2023. 1960 Township 31 N. Range 5 E.W.M., Northeast Quarter. Snohomish County, Wash. Electronic document, https://historicmapworks.com/Map/US/55592/Page+035+++ Arlington/Snohomish+County+1960+Published+by+Metskers/Washington/, accessed August 20, 2023. 1975 Township 31 N. Range 5 E.W.M.. Snohomish County, Washington. 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Museum of History and Industry Ca.1907 Downtown Arlington, Washington, ca. 1907. Museum of History and Industry, Seattle [shs 17867]. Digital photo, https://digitalcollections.lib.washington.edu/ digital/collection/imlsmohai/id/7103/rec/67, accessed August 16, 2023. Myrick, Howard, and Robert S. Kidd 1961 University of Washington Department of Anthropology Archaeological Site Survey Record 45SN026. On file, Washington State Department of Archaeology and Historic Preservation, Olympia. National Congress of American Indians 2021 Trust Land. Electronic Document accessed from https://www.ncai.org/policy- issues/land-natural-resources/trust-land, accessed August 16, 2023. EXHIBIT N 44 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. NETROnline 2023 1933, 1954, 1969, 1980, 1981, 1990, 2006, 2009, 2011, 2013, 2015, 2017, and 2019 Historic Aerials. Aerial Image Viewer from https://www.historic aerials.com/, accessed August 20, 2023. Nowacki, Daniel J., and Eric E. Grossman 2020 Sediment Transport in a Restored, River-influenced Pacific Northwest Estuary. Estuarine, Coastal and Shelf Science, 242. Oakley, Janet 2007 Arlington- Thumbnail History. Electronic document accessed from: https://www.historylink.org/File/8416 on August 16, 2023. Obermayr, Erich 1991 State of Washington Archaeological Site Inventory Form: 45SN026. On file, Washington State Department of Archaeology and Historic Preservation, Olympia. Osiensky, Whitney 2020 State of Washington Archaeological Site Inventory Form: 45SN766. On file, Washington State Department of Archaeology and Historic Preservation, Olympia. Ozbun, Terry 2004 State of Washington Archaeological Site Inventory Form: 45SN391. On file, Washington State Department of Archaeology and Historic Preservation, Olympia. 2005 Cultural Resource Survey of Northwest Pipeline Corporation’s Capacity Replacement Project, Western Washington Addendum Seven; Seattle, Lake Shore & Eastern Railway Spur at the Arlington 3 Pipeyard. Prepared for Northwest Pipeline Corporation by Archaeological Investigations Northwest, Portland, Oregon. On file, Washington State Department of Archaeology and Historic Preservation, Olympia., Piper, Jessie, and Ross Smith 2009 Phase 2 Cultural Resources Assessment for the Sedro Woolley- Horse Ranch Transmission Line Upgrade, Skagit and Snohomish Counties, Washington. Prepared for Puget Sound Energy by Northwest Archaeological Associates, Inc., Seattle, Washington On file, Washington State Department of Archaeology and Historic Preservation, Olympia. Prahl, C. G. 1965 Identification of State Highways. Washinton State Highway Commission Department of Highways, Olympia, Washington. Puget Sound River History Project 2023 Arlington West NE 1933. Electronic document, http://riverhistory.ess.washington.edu/skg_stl/photo_1933_stl/framedex.htm, accessed August 20, 2023. Sauk-Suiattle Indian Tribe 2022 SAH-KU-MÉHU: Bits of History. Electronic Document accessed from https://www.sauk-suiattle.com/, on August 16, 2023. Schaetzl, Randall, and Sharon Anderson 2005 Soils: Genesis and Geomorphology. Cambridge University Press, Cambridge. Scofield, Charlotte, and Jody Pope 2019 Stillaguamish Tribe of Indians Natural Resources Department Wetlands Program Plan 2019-2024. Stillaguamish Tribe of Indians Natural Resources Department Arlington, Washington. Smith, Ross E. 2008 State of Washington Archaeological Site Inventory Form: 45SN444. On file, Washington State Department of Archaeology and Historic Preservation, Olympia. EXHIBIT N 45 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. Smith, Ross E., Eileen Heideman, and Don Tatum 2008 Cultural Resources Assessment for the Arlington Constructed Stormwater Wetland, Arlington, Snohomish County, Washington. Prepared for City of Arlington by Northwest Archaeological Associates, Inc., Seattle, Washington On file, Washington State Department of Archaeology and Historic Preservation, Olympia. Soil Survey Staff 2020 Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. Electronic document, http://websoilsurvey.sc.egov. usda.gov/, accessed August 10, 2023. Spokesman-Review, The 1975 Wagon train stops for Indian talks 07 July:10. Spokane, Washington. Stillaguamish Tribe of Indians 2020a Fisheries Program: Natural Resources Department. Electronic Document accessed from https://www.stillaguamish.com/natural-resources/fisheries-program/, on August 16, 2023. 2020b About Us. Electronic Document accessed from https://www.stillaguamish.com/about-us/, on August 16, 2023. Suttles, Wayne 1990 Central Coast Salish. In Handbook of North American Indians, Vol. 7, Northwest Coast. Edited by Wayne Suttles, pp. 453-475. Smithsonian Institution, Washington D.C. Suttles, Wayne and Barbara Lane 1990 Southern Coast Salish. In Handbook of North American Indians, Vol. 7, Northwest Coast. Edited by Wayne Suttles, pp. 485-502. Smithsonian Institution, Washington D.C. Thorson, Robert 1980 Ice-Sheet Glaciation of the Puget Lowland, Washington, during the Vashon Stade (Late Pleistocene). Quaternary Research 13:303–321. Troost, Kathy G. 2016 Chronology, Lithology and Paleoenvironmental Interpretations of the Penultimate Ice-Sheet Advance into the Puget Lowland, Washington State. PhD dissertation, Department of Earth and Space Sciences, University of Washington, Seattle, Washington. Tulalip Tribes 2016 Who We Are. Electronic Document accessed from https://www.stillaguamish.com/natural-resources/fisheries-program/, on August 16, 2023. University of Washington Libraries Ca.1929-1932 Four Native American Girls Sitting on a Dock to Watch the Canoe Race at the Coupeville Native American Water Festival, Coupeville, Washington, Approximately 1929-1932. University of Washington Libraries, Special Collection, [SOC1432]. Digital photo, https://digitalcollections.lib.washington.edu/digital/collection/social/id/1432/, accessed August 16, 2023. U.S. Bureau of Land Management 1889a General Land Office Records. BLM Nr: WASAA 068836. Electronic document, https://glorecords.blm.gov/details/patent/default.aspx?accession=WASAA%20%20068 836&docClass=SER&sid=gis3jie5.ydz, accessed August 20, 2023. 1889b General Land Office Records. BLM Nr: WAOAA 068824. Electronic document, https://glorecords.blm.gov/details/patent/default.aspx?accession=WAOAA%20%20068 824&docClass=SER&sid=31eiylm5.jkt, accessed August 20, 2023. 1891 General Land Office Records. BLM Nr: WASAA 068940. Electronic document, https://glorecords.blm.gov/details/patent/default.aspx?accession=WASAA%20%20068 940&docClass=SER&sid=gis3jie5.ydz, accessed August 20, 2023. EXHIBIT N 46 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. U.S. Geological Survey (USGS) 1911 Mount Vernon, WA. 30’ Quadrangle Map. U.S. Department of the Interior, Washington D.C. 1941 Marysville, WA. 15’ Quadrangle Map. U.S. Department of the Interior, Washington D.C. 1956 Arlington West, WA. 7.5’ Quadrangle Map. U.S. Department of the Interior, Washington D.C. 2020 Arlington West, WA. 7.5’ Quadrangle Map. U.S. Department of the Interior, Washington D.C. U.S. Surveyor General 1875 Cadastral Survey. Electronic document, https://www.blm.gov/or/landrecords/ survey/yPlatView1_2.php?path=PWA&name=t310n050e_001.jpg, accessed August 20, 2023. Washington State Department of Fish and Wildlife (WDFW) 2023 Washington State Fish Passage, electronic application, https://geodataservices.wdfw.wa.gov/hp/fishpassage/index.html, accessed August 16, 2023. Whitlock, Cathy 1992 Vegetational and Climatic History of the Pacific Northwest during the Last 20,000 Years: Implications for Understanding Present-day Biodiversity. The Northwest Environmental Journal 8(5):5–28. Wicander, Reed, and James S. Monroe 2010 Historical Geology: Evolution of Earth and Life Through Time. 6th ed. Brooks/Cole, Belmont, California. Wilson, Katherine, Chris Lockwood, and Bryan Hoyt 2013 Prairie Creek Drainage Improvements Project- Phase 2 Construction Cultural Resources Assessment, Arlington, Snohomish County, Washington. Prepared for City of Arlington by Environmental Science Associates, Seattle, Washington On file, Washington State Department of Archaeology and Historic Preservation, Olympia. EXHIBIT N 47 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 9.0 Appendices 9.1 Appendix 1: City of Arlington’s Inadvertent Discovery Plan (IDP) EXHIBIT N 48 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 49 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 50 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 9.2 Appendix 2: Archaeological Site Form 45SN879 EXHIBIT N 51 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 52 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 53 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 54 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 55 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 56 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 57 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 58 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 59 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 60 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 61 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 62 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 63 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 64 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 65 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 66 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 67 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. EXHIBIT N 68 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. 9.3 Appendix 3: Results of Subsurface Testing ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources 1 Aug-NG 0-26 grayish sand 15-30% loose rootlets throughout no abrupt target depth no no 26-71 10YR 4/3 brown sandy loam 0-15% moderate modern refuse no abrupt 71-90 dark yellowish sandy loam 0-15% moderate charcoal flecks no gradual 90- 103 dark yellowish sandy loam 0-15% loose none yes 2 10- Aug- 23 Scl 0-39 dark grayish sandy loam 15-30% dense rootlets throughout no abrupt target depth no no 39-78 dark yellowish sandy loam 0-15% moderate none no abrupt 78-90 sand 0-15% loose none yes 3 10- Aug- 23 Scl 0-39 dark grayish sandy loam 0-15% dense rootlets throughout no abrupt target depth no no 39-73 dark yellowish sandy loam 0-15% moderate none no clear 73-91 dark grayish sand 0-15% loose charcoal flecks yes EXHIBIT N 69 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources 4 10- Aug- 23 Scl 0-30 dark grayish sandy loam 0-15% dense rootlets throughout no abrupt target depth no yes Primary lithics flake 30-56 dark yellowish sandy loam 0-15% moderate none no 56-88 dark yellowish sand 0-15% loose none yes 5 10- Aug- 23 Scl 0-43 dark grayish sandy clay 0-15% dense none no gradual target depth no no 43-75 dark yellowish sandy loam 0-15% moderate none no clear 75-88 sand 15-30% loose none yes 6 10- Aug 23 Scl 0-10 dark grayish sandy loam 30-45% dense none yes buried utility no 7 10- Aug- 23 Scl 0-85 dark grayish sandy loam 0-15% moderate rootlets throughout yes target depth no no 8 10- Aug- 23 Scl 0-38 dark grayish sandy loam 0-15% moderate rootlets throughout no abrupt impassable roots no no 38-64 dark yellowish sand 0-15% loose tree roots yes 9 10- Aug- 23 Scl 0-19 dark grayish sandy loam 15-30% loose rootlets throughout no clear impassable soils no no EXHIBIT N 70 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources 19-59 dark grayish sandy loam 15-30% loose none yes 10 10- Aug- 23 Scl 0-55 dark grayish sand 30-45% loose none yes impassable soils no no 11 10- Aug- 23 NG 0-39 dark grayish sandy loam 30-45% dense modern refuse no abrupt impassable rocks no no 39-68 grayish sandy loam 15-30% moderate none yes 12 17- Aug- 23 NG 0-51 10YR 4/2 dark grayish brown sandy loam 30-45% dense rootlets throughout, modern refuse no abrupt target depth no no 51-84 grayish sandy loam 15-30% loose none yes 13 10- Aug- 23 NG 0-58 10YR 4/2 dark grayish brown sandy loam 30-45% dense rootlets throughout, modern refuse no abrupt target depth no no 58-90 yellowish sandy loam 15-30% moderate none yes 14 10- Aug- 23 NG 0-39 10YR 4/2 dark grayish brown sandy loam 30-45% dense rootlets throughout, modern refuse no abrupt impassable roots no no 39-59 10YR 5/2 grayish brown sandy loam 15-30% rootlets throughout, tree roots yes 15 Aug-NG 0-38 dark loam 30-45% dense refuse no abrupt target depth no no EXHIBIT N 71 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources brown 38-76 grayish sandy loam 15-30% moderate none yes 16 10- Aug- 23 NG 0-57 10YR 4/2 dark grayish brown sandy loam 30-45% dense rootlets throughout, modern refuse no abrupt target depth no no 57-90 grayish sandy loam 15-30% moderate none yes 17 10- Aug- 23 NG 0-57 10YR 4/2 dark grayish brown 15-30% dense rootlets throughout, modern refuse no abrupt target depth no yes Secondary flake at 70 cm dbs 57- 100 dark yellowish sandy loam 15-30% moderate charcoal flecks yes 18 10- Aug- 23 NG 0-42 dark grayish sandy loam 15-30% dense modern refuse no abrupt target depth no no 42- 102 brown loam 15-30% loose refuse yes 19 10- Aug- 23 NG 0-38 10YR 4/2 dark grayish brown sandy loam 15-30% moderate rootlets throughout, modern refuse no abrupt target depth no no 38-70 0-15% moderate none no abrupt 70-94 dark yellowish sandy loam 15-30% moderate charcoal flecks no gradual 94- 106 dark yellowish sand 15-30% loose none yes EXHIBIT N 72 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources 20 10- Aug- 23 Scl 0-52 dark grayish sandy loam 0-15% dense rootlets throughout no abrupt target depth no yes Lithic flake 52-91 dark yellowish sand 0-15% loose none yes 21 10- Aug- 23 Scl 0-36 dark grayish sandy loam 0-15% dense none no clear target depth no no 36-79 dark yellowish sandy loam 0-15% moderate none no clear 79-93 dark yellowish sand 0-15% loose none yes 22 10- Aug- 23 NG 0-47 10YR 4/2 dark grayish brown sandy loam 15-30% dense rootlets throughout, modern refuse no abrupt target depth no no 47- 104 10YR 3/4 dark yellowish brown sandy loam 15-30% moderate modern refuse, charcoal flecks yes 23 10- Aug- 23 NG 0-63 10YR 4/2 dark grayish brown sandy loam 45-60% dense rootlets throughout, modern refuse no abrupt target depth no no 63-95 dark yellowish sandy loam 15-30% moderate charcoal flecks no gradual 95- 100 dark sandy loam 15-30% moderate none yes EXHIBIT N 73 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources 24 10- Aug- 23 Scl 0-33 dark grayish sand 15-30% loose rootlets throughout no impassable soils no no 33-65 dark grayish sand 30-45% loose none yes 25 10- Aug- 23 NG 0-44 10YR 4/2 dark grayish brown sandy loam 30-45% dense rootlets throughout, modern refuse no abrupt target depth no no 44-79 grayish sandy loam 15-30% moderate none yes 26 10- Aug- 23 NG 0-28 dark grayish sandy loam 30-45% dense none no abrupt impassable rocks no no 28-40 grayish sandy loam 15-30% moderate none yes 27 11- Aug- 23 NG 0-36 10YR 4/2 dark grayish brown sandy loam 30-45% dense rootlets throughout, modern refuse no abrupt target depth no no 36-69 15-30% moderate none yes 28 10- Aug- 23 Scl 0-42 dark grayish sandy loam 15-30% very dense rootlets throughout no abrupt impassable soils no no 42-55 dark grayish sand 30-45% loose none yes EXHIBIT N 74 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources 29 11- Aug- 23 NG 0-47 10YR 4/2 dark grayish brown sandy loam 30-45% dense rootlets throughout, modern refuse no abrupt target depth no no 47-81 yellowish sandy loam 15-30% moderate none yes 30 11- Aug- 23 NG 0-10 cm 10YR 4/2 dark grayish brown sandy loam 30-45% moderate rootlets throughout, modern refuse yes impassable rocks no no 31 11- Aug- 23 NG 0-69 dark grayish sandy loam 30-45% dense modern refuse no abrupt target depth no no 69- 102 dark yellowish sandy loam 15-30% loose charcoal flecks yes 32 11- Aug- 23 NG 0-28 10YR 4/2 dark grayish brown sandy loam 30-45% moderate rootlets throughout, modern refuse yes impassable rocks no no 33 11- Aug- 23 NG 0-61 dark grayish sandy loam 30-45% dense modern refuse no abrupt target depth no no 61-80 yellowish sandy loam 15-30% moderate none no gradual 80-96 dark grayish 15-30% loose none yes 34 11- Aug- 23 NG 0-47 dark grayish sandy loam 30-45% dense modern refuse no abrupt target depth no no EXHIBIT N 75 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources 47-90 dark sandy loam 15-30% moderate modern refuse yes 35 11- Aug- 23 NG 0-52 dark grayish sandy loam 15-30% dense modern refuse no abrupt target depth no no 52-83 dark grayish sandy clay 0-15% dense none no clear 83-98 dark sandy loam 15-30% moderate none yes 36 11- Aug- 23 NG 0-51 dark grayish sandy clay loam 30-45% dense modern refuse no abrupt target depth no no 51-89 10YR 4/3 brown sandy loam 15-30% moderate modern refuse yes 37 Aug-NG 0-19 10YR 5/1 gray sand 45-60% loose tree roots no abrupt target depth no no 19-54 dark grayish sandy loam 30-45% dense modern refuse no abrupt 54-90 dark yellowish sandy loam 15-30% loose charcoal flecks no gradual 90- 101 dark yellowish sandy loam 0-15% loose charcoal flecks yes 38 11- Aug- 23 NG 0-48 10YR 4/2 dark grayish brown sandy loam 15-30% dense rootlets throughout, modern refuse no abrupt target depth no no EXHIBIT N 76 2305-04: Cultural Resources Assessment of City of Arlington 211th Pl NE Project (P-02.571) Legacy Anthropology, LLC: Contains confidential information—do not distribute. ST cm Depth Munsell Sediment Gravel Basal Terminated Ground Water Positive for Cultural Cultural Resources 48-71 10YR 3/3 dark brown sandy loam 0-15% moderate modern refuse, charcoal flecks no disturbed 71-96 dark yellowish sandy loam 0-15% moderate charcoal flecks yes 39 11- Aug- 23 NG 0-42 10YR 4/2 dark grayish brown sandy loam 30-45% dense rootlets throughout, modern refuse no abrupt target depth no no 42-88 dark yellowish sandy loam 0-15% moderate charcoal flecks no gradual 88- 101 dark yellowish sandy loam 0-15% loose none yes 40 11- Aug- 23 NG 0-46 dark grayish sandy loam 15-30% dense modern refuse no abrupt target depth no no 46-90 dark yellowish 0-15% moderate charcoal flecks no gradual 90- 101 dark yellowish sand 15-30% loose none yes 41 11- Aug- 23 NG 0-56 dark grayish sandy loam 15-30% dense none yes impassable rocks no no EXHIBIT N Table: DECENNIALDP2020.DP1 DATA NOTES USER SELECTIONS EXCLUDED COLUMNS APPLIED FILTERS APPLIED SORTS PIVOT & GROUPING PROFILE OF GENERAL POPULATION AND HOUSING CHARACTERISTICS | Measuring America's People, Places, and Economy 1 EXHIBIT O Table: DECENNIALDP2020.DP1 WEB ADDRESS TABLE NOTES COLUMN NOTES combination categories are not mutually exclusive. Individuals who reported two races were counted in two separate and distinct alone or in combination race categories, while those who reported three races were counted in three categories, and so on. For example, a respondent who indicated "White and Black or African American" was counted in the White alone or in combination category as well as in the Black or African American alone or in combination category. Consequently, the sum of all alone or in combination categories equals the number of races reported (i.e., responses), which exceeds the total population. dividing the total number of vacant units "for sale only" by the sum of owner-occupied units, vacant units that are "for sale only," and vacant units that have been sold but not yet occupied; and then multiplying by 100. total number of vacant units "for rent" by the sum of the renter-occupied units, vacant units that are "for rent," and vacant units that have been rented but not yet occupied; and then multiplying by 100. ENNIALDP2020.DP1 using the data, visit the 2020 Census Demographic and Housing Characteristics File Summary File (DHC) Technical Documentation webpage. small, random additions or subtractions - to the data so that no one can reliably link the published data to a specific person or household. The Census Bureau encourages data users to aggregate small populations and geographies to improve accuracy and diminish implausible results. data.census.gov | Measuring America's People, Places, and Economy 2 EXHIBIT O Table: DECENNIALDP2020.DP1 data.census.gov | Measuring America's People, Places, and Economy 3 EXHIBIT O Table: DECENNIALDP2020.DP1 Label Count Percent SEX AND AGE Total population 3,704 100.0% Under 5 years 219 5.9% 5 to 9 years 232 6.3% 10 to 14 years 274 7.4% 15 to 19 years 277 7.5% 20 to 24 years 222 6.0% 25 to 29 years 276 7.5% 30 to 34 years 245 6.6% 35 to 39 years 271 7.3% 40 to 44 years 258 7.0% 45 to 49 years 198 5.3% 50 to 54 years 244 6.6% 55 to 59 years 196 5.3% 60 to 64 years 210 5.7% 65 to 69 years 154 4.2% 70 to 74 years 141 3.8% 75 to 79 years 106 2.9% 80 to 84 years 78 2.1% 85 years and over 103 2.8% Selected Age Categories 16 years and over 2,918 78.8% 18 years and over 2,791 75.4% 21 years and over 2,642 71.3% 62 years and over 710 19.2% 65 years and over 582 15.7% Male population 1,778 100.0% Under 5 years 117 6.6% 5 to 9 years 108 6.1% 10 to 14 years 147 8.3% Washington | Measuring America's People, Places, and Economy 4 EXHIBIT O Table: DECENNIALDP2020.DP1 Label Count Percent Washington 15 to 19 years 124 7.0% 20 to 24 years 114 6.4% 25 to 29 years 143 8.0% 30 to 34 years 124 7.0% 35 to 39 years 138 7.8% 40 to 44 years 132 7.4% 45 to 49 years 104 5.8% 50 to 54 years 114 6.4% 55 to 59 years 96 5.4% 60 to 64 years 96 5.4% 65 to 69 years 57 3.2% 70 to 74 years 64 3.6% 75 to 79 years 42 2.4% 80 to 84 years 25 1.4% 85 years and over 33 1.9% Selected Age Categories 16 years and over 1,379 77.6% 18 years and over 1,318 74.1% 21 years and over 1,242 69.9% 62 years and over 279 15.7% 65 years and over 221 12.4% Female population 1,926 100.0% Under 5 years 102 5.3% 5 to 9 years 124 6.4% 10 to 14 years 127 6.6% 15 to 19 years 153 7.9% 20 to 24 years 108 5.6% 25 to 29 years 133 6.9% 30 to 34 years 121 6.3% 35 to 39 years 133 6.9% | Measuring America's People, Places, and Economy 5 EXHIBIT O Table: DECENNIALDP2020.DP1 Label Count Percent Washington 40 to 44 years 126 6.5% 45 to 49 years 94 4.9% 50 to 54 years 130 6.7% 55 to 59 years 100 5.2% 60 to 64 years 114 5.9% 65 to 69 years 97 5.0% 70 to 74 years 77 4.0% 75 to 79 years 64 3.3% 80 to 84 years 53 2.8% 85 years and over 70 3.6% Selected Age Categories 16 years and over 1,539 79.9% 18 years and over 1,473 76.5% 21 years and over 1,400 72.7% 62 years and over 431 22.4% 65 years and over 361 18.7% MEDIAN AGE BY SEX Both sexes 36.9 (X) Male 35.6 (X) Female 38.1 (X) RACE Total population 3,704 100.0% One Race 3,330 89.9% White 2,933 79.2% Black or African American 41 1.1% American Indian and Alaska Native 72 1.9% Asian 59 1.6% Native Hawaiian and Other Pacific Islander 6 0.2% | Measuring America's People, Places, and Economy 6 EXHIBIT O Table: DECENNIALDP2020.DP1 Label Count Percent Washington Some Other Race 219 5.9% Two or More Races 374 10.1% TOTAL RACES TALLIED [1] Total races tallied 4,115 111.1% White alone or in combination or in combination with one or American Indian and Alaska Native alone or in combination Asian alone or in combination Pacific Islander alone or in combination with one or more combination with one or more data.census.gov | Measuring America's People, Places, and Economy 7 EXHIBIT O Table: DECENNIALDP2020.DP1 Label Count Percent Washington Total population 3,704 100.0% Hispanic or Latino 406 11.0% White alone 77 2.1% Black or African American alone 5 0.1% American Indian and Alaska Native alone 13 0.4% Asian alone 3 0.1% Native Hawaiian and Other Pacific Islander alone 0 0.0% Some Other Race alone 188 5.1% Two or More Races 120 3.2% Not Hispanic or Latino 3,298 89.0% White alone 2,856 77.1% Black or African American alone 36 1.0% American Indian and Alaska Native alone 59 1.6% Asian alone 56 1.5% Native Hawaiian and Other Pacific Islander alone 6 0.2% Some Other Race alone 31 0.8% Two or More Races 254 6.9% RELATIONSHIP Total population 3,704 100.0% In households 3,667 99.0% Householder 1,529 41.3% Opposite-sex spouse 590 15.9% Same-sex spouse 5 0.1% | Measuring America's People, Places, and Economy 8 EXHIBIT O Table: DECENNIALDP2020.DP1 Label Count Percent Washington Opposite-sex unmarried partner 124 3.3% Same-sex unmarried partner 6 0.2% Child [2]1,050 28.3% Under 18 years 788 21.3% Grandchild 63 1.7% Under 18 years 46 1.2% Other relatives 163 4.4% Nonrelatives 137 3.7% In group quarters 37 1.0% Institutionalized population:26 0.7% Male 22 0.6% Female 4 0.1% Noninstitutionalized population:11 0.3% Male 2 0.1% Female 9 0.2% HOUSEHOLDS BY TYPE Total households 1,539 100.0% Married couple household 593 38.5% With own children under 18 [3]261 17.0% Cohabiting couple household 131 8.5% With own children under 18 [3]55 3.6% Male householder, no spouse or partner present:315 20.5% Living alone 224 14.6% | Measuring America's People, Places, and Economy 9 EXHIBIT O Table: DECENNIALDP2020.DP1 Label Count Percent Washington 65 years and over 55 3.6% With own children under 18 [3]28 1.8% Female householder, no spouse or partner present:500 32.5% Living alone 308 20.0% 65 years and over 176 11.4% With own children under 18 [3]76 4.9% Households with individuals under 18 years 466 30.3% Households with individuals 65 years and over 457 29.7% HOUSING OCCUPANCY Total housing units 1,628 100.0% Occupied housing units 1,539 94.5% Vacant housing units 89 5.5% For rent 38 2.3% Rented, not occupied 4 0.2% For sale only 4 0.2% Sold, not occupied 4 0.2% For seasonal, recreational, or occasional use 4 0.2% All other vacants 35 2.1% VACANCY RATES Homeowner vacancy rate (percent) [4]0.5 (X) Rental vacancy rate (percent) [5]4.6 (X) HOUSING TENURE | Measuring America's People, Places, and Economy 10 EXHIBIT O Table: DECENNIALDP2020.DP1 Label Count Percent Washington Occupied housing units 1,539 100.0% Owner-occupied housing units 747 48.5% Renter-occupied housing units 792 51.5% | Measuring America's People, Places, and Economy 11 EXHIBIT O City Mee�ng Calendar EXHIBIT P EXHIBIT Q Rater Name Consultant Name KPFF Ried Middleton LDC t t KPFF Ried Middleton LDC t t KPFF Ried Middleton LDC t t KPFF Ried Middleton LDC t t 1) Team Composition and Key Personnel: Scoring will look at firms in project team, the qualifications and availability of staff assigned to this project. Consideration competence relating to the Project Area, and familiarity with work in the north Snohomish County area. Demonstrate the ability to provide the proposed staff for the full duration of this project and that continuity will be maintained. 25% of a score 1-10 2 2 2.5 2 2 2.25 2.5 2.5 2.5 2.4 2.2 2 2) Project Approach and Schedule: Consultant shall demonstrate a full understanding of the City’s concerns, goals and objectives with this very important project; and how the Consultant’s team will meet these goals in a “Consultant defined” timeline. 25% of a score 1-10 1.5 1.5 2.5 2 2.5 2.5 2.38 2.25 2.5 2 2 1.8 3) • Experience with Similar Projects Utilizing Federal Funding: Scoring will evaluate Consultant’s team experience with projects of similar complexity and function. Also included in the evaluation will be past experience with similar federally funded projects and coordination with WSDOT local programs. 20% of a score 1-10 2 2 1.6 1.4 1.6 1.8 0.8 1.6 1.8 1.8 1.6 1.5 4) Process and Quality Control Methods: Demonstrated ability of the Consultant and team, especially the Project Manager, to perform high quality work, to control costs and to meet schedules. Evaluation will include quality control measures and Project Manager Communication protocols. 15% of a score 1-10 1.2 1.05 1.05 1.2 0.9 1.05 1.05 1.2 1.2 1.35 1.35 1.05 5) Familiarity of Relevant Codes and Standards: Demonstrated understanding of relevant codes (Arlington, FHWA, AASHTO, and WSDOT) and ability to coordinate projects with jurisdictional agencies and multidisciplinary projects. 10% of a score 1-10 0.8 0.7 0.9 0.6 0.8 1 0.7 0.9 1 0.9 0.8 1 TOTALS:7.5 7.25 8.55 7.2 7.8 8.6 7.43 8.45 9 8.45 7.95 7.35 AGGREGATE SCORE: AVERAGE SCORE: Scoring Method = weighted percent of a score 1-10 KPFF Total Score =7.64 Ried Middleton Total Score =7.86 LDC Total Score =8.38 4th firm Total Score =0.00 5th firm Total Score =0.00 11.7 James Kelly 23.6 11.8 23.3 Ryan Morrison Mehrdad Moini 23.75 11.9 Robert Bean 24.88 12.4 Review / Selection Panel: James Kelly, Public Works Director, Ryan Morrison, City Engineer/ DPWD Robert Bean, Civil Engineer, Mehrdad Moini WSDOT Local Programs EXHIBIT R EXHIBIT S City of Arlington - Public Works Division / Broadway Restoration - Interview Questions Date: ___________ Firm: _________________________ Reviewer: ___ QUESTIONS: SCORE (1-10) TEAM COMPOSTION AND KET PERSONNEL 1.Please introduce yourselves and your proposed team (TEAM) for this project, include staff and outside partner firms. Describe the benefits your TEAM composition brings to this project. _______ 2.Describe the level of experience your TEAM members have had working on similar trail projects. Provide an example of a recent project including any innovative design approaches, challenges that were faced, and how those challenges were overcome. _______ 3.Will your team have dedicated personnel assigned to this project through advertisement? _______ PROJECT APROACH AND SCHEDULE 4.Describe your proposed approach to this design project? _______ 5.What challenges to deliver the project on time does the team anticipate, and how you plan to Address them to achieve a successful completion. _______ EXHIBIT L EXPERIENCE W/ SIMALR FEDERALLY FUNDED PROJECTS 6. Explain the number of project and experience with federal aid projects. _______ 7. Please express your experience with compiling the Local Programs PS&E checklist. _______ PROCESS AND QUALITY CONTROL MEASURES 8. What is the difference between quality assurance and quality control? _______ FAMILIARITY of RELEVANT CODES AND STANDARD 9. Outside of the manuals referenced in the RFQ What manuals or source material would you use to aid in the roundabout restoration? _______ Other Questions 10. Please provide any specific information about your Team that you feel makes them the ideal Team for this project. _______ 11. Reviewer Score - Overall Consultant presentation and responses to above questions. ______ Division / Broadway Restoration Consultant Rating Sheet Rev. 8/22 ADVERTISEMENT FOR BID City of Arlington PROJECT TITLE (P0X.XXX) Notice is hereby given that sealed proposals will be received by the City of Arlington Public Works Department, 154 W. Cox, Arlington, Washington 98223, until 2:00 PM, local time on (DATE), for furnishing the necessary labor, materials, equipment, tools, and guarantees thereof to perform the project. (Optional) A non-mandatory pre-bid meeting has been scheduled for (TIME AND DATE) to be held at the Public Works Department, address above. Work shall include (PROJECT DESCRIPTION) All bidding and construction is to be performed in compliance with the Contract Documents for this project and any Addenda issued thereto, which are on file with the City of Arlington Public Works Department. Proposals received after the date and time stated above will not be considered. Immediately following the deadline for submission, the proposals will be publicly opened and read aloud in the Stillaguamish Conference Room at the Public Works Administration Building located at 154 W. Cox Ave, Arlington, WA 98223. Proposals must be submitted on the forms provided with the contract documents. All proposals must be accompanied by a bid deposit in the form of a certified or cashier’s check, or bid bond, for not less than five percent (5%) of the total amount bid, including additives and alternates, if any. Refer to Instructions to Bidders for more information. Should the successful Bidder fail to enter into such contract and furnish satisfactory payment and performance bonds within the time stated in the specifications, the bid deposit shall be forfeited to the City of Arlington. Plans and specifications are available for viewing at the City of Arlington Public Works Department, 154 W. Cox Ave, Arlington, Washington 98223. Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects", "Public Works", and "City of Arlington". This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders “Register” in order to receive automatic e-mail notification of future addenda and to place themselves on the “Self-Registered Bidders List". Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration. The content available through bxwa.com is our property or the property of our licensors and is protected by copyright and other intellectual property laws. Access to project documents is intended for use by bidders (general contractors/prime bidders, subcontractors, and suppliers), agency personnel and agency’s consultants, as well as for personal, noncommercial, use by the public. You may display or print the content available for these uses only. "Harvesting" (downloading, copying, and transmitting) of any project information and/or project documents for purposes of reselling and/or redistributing information by any other party is not allowed by BXWA. The City of Arlington expressly reserves the right to reject any and all bids, to waive minor irregularities or informalities, and to further make award of the project to the lowest responsible Bidder as it best serves the interest of the City of Arlington. No proposal may be withdrawn after the time stated above, or before Award of Contract, unless said award is delayed for a period exceeding sixty (60) calendar days after opening of the proposals, or Bidder withdraws proposal due to error in accordance with Section 1-03.1 of the WSDOT Standard Specifications. The City of Arlington, in accordance with Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. 2000d to 2000d- 4) and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Published: Everett Herald Seattle Daily Journal of Commerce 1st Pub: 1st Pub: 2nd Pub: 2nd Pub: EXHIBIT T Personal Professional Services Agreement Page 1 of 12 Rev 8/2023 PERSONAL/PROFESSIONAL SERVICES AGREEMENT Project Name________________________________________ Project No__________ THIS AGREEMENT, is made and entered into in duplicate this _____ day of ______________, 202_, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and ___________________________, hereinafter referred to as the "SERVICE PROVIDER". NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties hereto agree as follows: 1.SCOPE OF SERVICES The SERVICE PROVIDER shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are identified and designated as SERVICE PROVIDER responsibilities throughout this Agreement and as detailed in Exhibit "A" attached hereto and incorporated herein (the "Project"). 2.TERM The Project shall begin on _____ , 202 , and shall be completed no later than ________________, 202 unless sooner terminated according to the provisions herein. Agreement may be extended upon written agreement by both parties. 3.CONTACT WITH CITY EMPLOYEES During the term of this Agreement, the SERVICE PROVIDER shall interact only with the following authorized CITY employees or agents, and with no other CITY employees absent written authorization to do so: 4.COMPENSATION AND METHOD OF PAYMENT 4.1 Payments for services provided hereunder shall be made following the performance of such services, unless otherwise permitted by law and approved in writing by the CITY. 4.2 No payment shall be made for any service rendered by the SERVICE PROVIDER except for services identified and set forth in this Agreement. 4.3 The CITY shall pay the SERVICE PROVIDER for work performed under this Agreement as follows: EXHIBIT U Personal Professional Services Agreement Page 2 of 12 Rev 8/2023 4.3.1 SERVICE PROVIDER shall submit monthly invoices detailing work performed and expenses for which reimbursement is sought. 4.3.2 CITY shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 4.4 CITY shall pay SERVICE PROVIDER for such services: (check one) Hourly: $__________ per hour, plus actual expenses, but not to exceed a total of $______________ without an amendment to the contract. Hourly billing shall be no smaller than fifteen (15) minutes; Fixed Sum: A total amount of $ _______________________. Other: ________________________________________________________ for all work performed and expenses incurred under this Agreement. 4.5 CITY reserves the right to withhold payment under this Agreement which is determined, in the reasonable judgment of the City Administrator or his/her designee to be noncompliant with this Agreement, the Scope of Services attached hereto, City standards, or city, state or federal law. 5. REPRESENTATIONS CITY has relied upon the qualifications of SERVICE PROVIDER in entering into this Agreement. By execution of this Agreement, SERVICE PROVIDER represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all applicable current laws, rules and regulations which reasonably relate to this Agreement. 6. STANDARD OF CARE SERVICE PROVIDER shall exercise the degree of skill and diligence normally employed by SERVICE PROVIDERs engaged in the same profession and performing the same or similar services at the time such services are performed. SERVICE PROVIDER will be responsible for the technical accuracy of its services and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies therein. SERVICE PROVIDER agrees to correct any deficiencies discovered without additional compensation, except to the extent such deficiencies are directly attributable to deficiencies or omissions in City-furnished information. 7. REPORTS AND INSPECTIONS 7.1 The SERVICE PROVIDER at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. EXHIBIT U Personal Professional Services Agreement Page 3 of 12 Rev 8/2023 7.2 The SERVICE PROVIDER shall at any time during normal business hours and as often as the CITY or State Auditor may deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the CITY or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The CITY shall receive a copy of all audit reports made by the agency or firm as to the SERVICE PROVIDER's activities. The CITY may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the SERVICE PROVIDER's activities which relate, directly or indirectly, to this Agreement. 8. INDEPENDENT CONTRACTOR RELATIONSHIP The parties intend that an independent contractor relationship will be created by this Agreement. The CITY is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the SERVICE PROVIDER. SERVICE PROVIDER shall not be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the SERVICE PROVIDER is not entitled to any of the benefits the CITY provides for its employees. The SERVICE PROVIDER will be solely and entirely responsible for his/her acts during the performance of this Agreement. 9. HOLD HARMLESS/INDEMNIFICATION 9.1 SERVICE PROVIDER shall, at its sole expense, defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, actions, suits, liability, loss, or costs including attorney fees, caused by the wrongful or negligent acts, errors or omissions of the SERVICE PROVIDER or the SERVICE PROVIDER’s agents, employees or subcontractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY or the CITY’s agents or employees. 9.2 SERVICE PROVIDER’s duty to indemnify and hold the CITY harmless against liability for damages arising out of or caused by the concurrent negligence of CITY or CITY’s employees or agents and SERVICE PROVIDER or SERVICE PROVIDER’s employees or agents shall apply only to the extent of the negligence or wrongdoing of SERVICE PROVIDER and SERVICE PROVIDER’s employees or agents. 9.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the SERVICE PROVIDER and the CITY, its officers, officials, employees, and volunteers, the SERVICE PROVIDER's liability, including the duty and cost to defend, hereunder shall be only to the extent of the SERVICE PROVIDER’s negligence. It is further specifically and expressly understood that the EXHIBIT U Personal Professional Services Agreement Page 4 of 12 Rev 8/2023 indemnification provided herein constitutes the SERVICE PROVIDER’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. SERVICE PROVIDER certifies, by signing this Agreement, that this indemnification provision was mutually negotiated. The provisions of this section shall survive the expiration or termination of this Agreement. 9.4 No liability shall attach to the CITY by reason of entering into this Agreement except as expressly provided herein. 10. INSURANCE The SERVICE PROVIDER shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the SERVICE PROVIDER, its agents, representatives, or employees. 10.1 Insurance Term. The SERVICE PROVIDER shall procure and maintain insurance, as required in this Section, without interruption from commencement of the SERVICE PROVIDER’s work through the term of this Agreement and for thirty (30) days after the completion date, unless otherwise indicated herein. 10.2 No Limitation. The SERVICE PROVIDER’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the SERVICE PROVIDER to the coverage provided by such insurance, or otherwise limit the CITY’s recourse to any remedy available at law or in equity. 10.3 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of the types described below: 10.3.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 10.3.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the SERVICE PROVIDER's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 10.3.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. EXHIBIT U Personal Professional Services Agreement Page 5 of 12 Rev 8/2023 10.3.4 Professional Liability insurance appropriate to the PROFESSIONAL’s profession, if applicable. 10.4 Minimum Amounts of Insurance. SERVICE PROVIDER shall maintain the following insurance limits: 10.4.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 10.4.2 Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. 10.4.3 If applicable, Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. 10.5 Other Insurance Provisions. The SERVICE PROVIDER’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any Insurance, self-insurance, or self-insured pool coverage maintained by the CITY shall be excess of the SERVICE PROVIDER’s insurance and shall not contribute with it. 10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 10.7 Verification of Coverage. SERVICE PROVIDER shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the SERVICE PROVIDER before commencement of the work. 10.8 Subcontractors’ Insurance. The SERVICE PROVIDER shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the SERVICE PROVIDER-provided insurance as set forth herein, except the SERVICE PROVIDER shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The SERVICE PROVIDER shall ensure that the CITY is an additional insured on each and every subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 10.9 Notice of Cancellation. SERVICE PROVIDER shall provide the CITY with written notice of any policy cancellation within two business days of their receipt of such notice. EXHIBIT U Personal Professional Services Agreement Page 6 of 12 Rev 8/2023 10.10 Failure to Maintain Insurance. Failure on the part of the SERVICE PROVIDER to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the SERVICE PROVIDER to correct the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the SERVICE PROVIDER from the CITY. 10.11 City Full Availability of Professional Limits. If the SERVICE PROVIDER maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the SERVICE PROVIDER, irrespective of whether such limits maintained by the SERVICE PROVIDER are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the SERVICE PROVIDER. 11. OWNERSHIP OF ASSETS Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY shall become the owner of the work product and other documents, if any, prepared by the SERVICE PROVIDER pursuant to this Agreement. 12. COMPLIANCE WITH LAWS 12.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, prevailing wage if applicable to comply with every provision of Chapter 39.12 of the Revised Code of Washington and any other standards or criteria as described in this Agreement to assure quality of services. 12.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 12.3 The SERVICE PROVIDER shall, prior to performing services under this agreement, obtain a city business license as required by AMC 5.28.050. 12.4 If the SERVICE PROVIDER maintains a professional license through the State of Washington, SERVICE PROVIDER shall maintain said license as require by the State of Washington. Should SERVICE PROVIDERs professional license be revoked or suspended, SERVICE PROVIDER shall immediately cease services and shall notify the CITY in writing of the same. EXHIBIT U Personal Professional Services Agreement Page 7 of 12 Rev 8/2023 12.5 If applicable, the SERVICE PROVIDER agrees that before it undertakes performance of the Contract, it will file with the City a Performance and Payment Bond in the full amount of the Contract price, executed by itself as a principal and one or more surety companies authorized to do business in the State of Washington as surety, in a form acceptable to the City. 13. NONDISCRIMINATION 13.1 The CITY is an equal opportunity employer. 13.2 Nondiscrimination in Employment. In the performance of this Agreement, the SERVICE PROVIDER will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The SERVICE PROVIDER shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The SERVICE PROVIDER shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 13.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. 13.4 If any assignment and/or subcontracting has been authorized by the CITY, said assignment or subcontract shall include appropriate safeguards against discrimination. The SERVICE PROVIDER shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 14. ASSIGNMENT/SUBCONTRACTING 14.1 The SERVICE PROVIDER shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the CITY, and it is further agreed that said consent must be sought in writing by the SERVICE PROVIDER not less than thirty (30) days prior to the date of any proposed EXHIBIT U Personal Professional Services Agreement Page 8 of 12 Rev 8/2023 assignment. The CITY reserves the right to reject without cause any such assignment. 14.2 Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines. 15. CHANGES OR AMENDMENTS Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. 16. OWNERSHIP, MAINTENANCE AND INSPECTION OF RECORDS 16.1 All drawings, plans, specifications, and other related documents prepared by SERVICE PROVIDER under this Agreement are and shall be the property of CITY and may be subject to disclosure pursuant to RCW Chapter 42.56 or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by SERVICE PROVIDER under this Agreement shall, unless otherwise provided, be deemed the property of the CITY. CITY shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the CITY’s use. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or part, and reports, data, drawings, images or other material prepared under this Agreement, provided that SERVICE PROVIDER shall have no liability for the use of SERVICE PROVIDER’s work product outside of the scope of its intended purpose, and the CITY agrees to indemnify and hold the SERVICE PROVIDER harmless from such use. 16.2 The SERVICE PROVIDER shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 16.3 The SERVICE PROVIDER shall retain all books, records, documents and other material relevant to this Agreement, for six (6) years after its expiration. The SERVICE PROVIDER agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period. SERVICE PROVIDER agrees to cooperate with the CITY to produce in a timely EXHIBIT U Personal Professional Services Agreement Page 9 of 12 Rev 8/2023 manner any records in the possession of SERVICE PROVIDER relating to the performance of this Agreement which are or may be the subject of a valid request under the Public Records Act, RCW Chapter 42.56. 17. OTHER PROVISIONS If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate an appropriate amendment. If, after thirty (30) days of negotiation, an agreement cannot be reached, this Agreement may be terminated by the City no sooner than sixty (60) days thereafter. 18. TERMINATION 18.1 Termination for Convenience. The CITY may terminate this Agreement, in whole or in part, at any time, by at least five (5) days written notice to the SERVICE PROVIDER. 18.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the manner called for in this Agreement, or if the SERVICE PROVIDER fails to comply with any other provisions of the Agreement and fails to correct such noncompliance within five (5) days written notice thereof, the CITY may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the SERVICE PROVIDER setting forth the manner in which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will only be paid for services performed in accordance with the manner of performance set forth in this Agreement. 19. NOTICE Notices, other than applications for payment, shall be given in writing to the persons named below: TO THE CITY: TO THE SERVICE PROVIDER: ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ 20. ATTORNEYS FEES AND COSTS If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled, reasonable attorney's fees and other costs incurred in that action or proceeding. EXHIBIT U Personal Professional Services Agreement Page 10 of 12 Rev 8/2023 21. WAIVER No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 22. JURISDICTION AND VENUE This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Snohomish County, Washington. 23. SEVERABILITY 23.1 If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 23.2 If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 24. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. EXHIBIT U Personal Professional Services Agreement Page 11 of 12 Rev 8/2023 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. _____________________________________ City Authorized Representative _____________________________________ (Print) _____________________________________ Title ____________________________________ ____________________________________ (Print) EXHIBIT U Personal Professional Services Agreement Page 12 of 12 Rev 8/2023 EXHIBIT A Scope of Work EXHIBIT U NON-COLLUSION DECLARATION The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him/her, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, free gift, commission or thing of value on account of such sale. I HEREBY DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. Dated this ____ day of ____________________, 202___ at ________________________, WA _________________________________________________ (Name of Organization) _________________________________________________ (Name and Title of Person Signing) _________________________________________________ (Signature) EXHIBIT U EXHIBIT U ATTACHMENT V CONSTRUCTION CONTRACT THIS CONTRACT, dated this day of , 20 , is by and between the City of Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and referred to as the CONTRACTOR. WHEREAS, the City desires , and WHEREAS, the Contractor is qualified, willing and able to perform the necessary work. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it is mutually agreed as follows: 1.0 SERVICE BY CONTRACTOR Contractor agrees to perform the services described in the following project specification . These documents are on file with the Project Manager, a copy is held by the contractor, and by this reference incorporated herein. 2.0 TIME OF COMPLETION All work under this Agreement is to be done within of notice to proceed. 3.0 RESPONSIBILITY OF CONTRACTOR 3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for protection of workmen and the public; shall post danger signs warning against known or unusual hazards. 3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and material within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by the City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of services may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at Construction Contract Page 2 CONSTRUCTION CONTRACT -- 2 the time specified, the work will be otherwise accomplished and the cost of same shall be paid by Contractor. The Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractor’s work including, but not limited to, cost of materials and labor extended by the City in making emergency repairs and cost of engineer, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defect work and the Contractor shall defend any such claim at his own expense. Where materials or procedures are not specified in the contract, the City relies on the professional judgment of the Contractor to make appropriate selections. 3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised Code of Washington. 3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon a bonfide occupational qualification. 3.5 Employment Any and all employees of the Contractor while engaged in the performance of any work or services required by the Contractor under this agreement, shall be considered employees of the Contractor only and not of the City and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of the Contractor. 4.0 SUBCONTRACTOR RESPONSIBILITY 4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable, have: a. Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; Construction Contract Page 3 CONSTRUCTION CONTRACT -- 3 d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5.0 COMPENSATION 5.1 The City shall pay the Contractor for the services identified in this contract the total amount of $ plus tax. Contractor shall submit monthly, for the City’s acceptance, a written Contract Project Estimate setting forth the quantities of work satisfactorily performed to date, and an invoice covering the contract price applicable to the work, unless otherwise directed. The City will, within 30 days after receipt of acceptable Contractor’s estimate and invoice, pay the Contractor the accepted progress invoice less actual accumulated amount previously paid. 5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 6.0 CITY'S RIGHT TO TERMINATE CONTRACT 6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter specified: a. If the Contractor should be adjudged bankrupt. b. If the Contractor should make a general assignment of benefit of his creditors. c. If a receiver should be appointed on the account of insolvency of the Contractor. d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the work. e. If the Contractor shall fail to complete the work within the time specified in the contract. f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or labor. g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State or municipal agencies or subdivisions thereof. h. If Contractor should persistently disregard instructions of Management, or otherwise be guilty of a substantial violation of the contract. 6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated for any reason not previously identified by either party by giving ten (10) days written notice to the other party. In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any further balance of the amount to be paid under this contract until the work shall have been fully finished. At such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the City to Contractor. If such expense and damages shall exceed the unpaid balance, Contractor and his surety and each thereof shall be jointly and severally liable therefore to City and shall pay the difference to the City. Such expense Construction Contract Page 4 CONSTRUCTION CONTRACT -- 4 and damage shall include all legal costs incurred by the City in employment of attorneys to protect the rights and interests of the City under the contract; provided such legal costs shall be reasonable. 7.0 OWNERSHIP OF DOCUMENTS 7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished or unfinished documents and material prepared by the Contractor with funds provided by this Agreement shall become the property of the City and shall be forwarded to the City at its request. 7.2 Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Agreement will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8.0 CLAIMS 8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of the contract must be made in writing to the City within thirty (30) days after the discovery of such damage, and in no event later than the time of approval by owner of final payment. Contractor, upon making applications for final payment, shall be deemed to have waived this right to claim for any other damages for which claim has not been made, unless such claim for final payment includes notice of additional claim and fully describes the alleged damage. 9.0 ASSIGNMENT 9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party. 10.0 MODIFICATION 10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in writing and properly signed by all parties thereto. 11.0 HOLD HARMLESS 11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting in whole or in part from negligent activities or omissions of the Contractor, its agents or other renumeration for services; and if a suit in respect to the above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or Construction Contract Page 5 CONSTRUCTION CONTRACT -- 5 settlement made requiring payment of damages by the City, which damages are based in whole or in part on the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same. 12.0 INSURANCE The Contractor’s required insurance shall be of the types and coverage as stated below: 12.1 Insurance required. Contractor shall maintain at all times the following insurance during the term of this agreement: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. b. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public Entity shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Public Entity using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 12.1 Minimum Limits of Insurance Contractor shall maintain limits no less than: The Contractor shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. c. Builders Risk Insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. (If Applicable) d. Contractor is required to procure and maintain Pollution Legal Liability Insurance covering losses caused by pollution conditions that arise from the operations of Construction Contract Page 6 CONSTRUCTION CONTRACT -- 6 the Contractor. The Pollution Legal Liability Insurance shall be written in an amount of at least $1,000,000. Coverage may be written on a claims-made basis. (If Applicable) 12.2 The Policies are to contain, and be endorsed to contain the following provisions: a. General Liability, Builders Risk Insurance (If Applicable), and Pollution Legal Liability (If Applicable) 1. The City, its officials, employees and volunteers are to be covered as additional insured as respect to liability arising out of activities performed by or on behalf of the Contractor. 2. Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of all policies shall not affect the coverage provided to the City, its officials, employees or volunteers. b. All Coverage Each insurance policy required by this clause shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 12.3 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XIII, or with an insurer acceptable to the City. 12.4 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certification for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.5 Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. 12.6 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and limits of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed until coverage is approved by Risk Manager. 12.7 Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 12.8 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so Construction Contract Page 7 expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 13.0 INDEPENDENT CONTRACTOR 13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF ARLINGTON, WASHINGTON: CONTRACTOR: By By Don E. Vanney, Mayor Attest ___________________________________________ Wendy Van Der Meersche, City Clerk Approved as to Form __________________________________________ Steven J. Peiffle, City Attorney CONSTRUCTION CONTRACT -- 7 Washington State Department of Transportation I I ) (Program Certification - Check all that apply) Disadvantaged Business (DBE) Veteran Owned Business (VOB) Woman Owned Business (WBE) Federal Small Business (FSBE) State Small Business (SBE) Minority Owned Business (MBE) Prime Contractor Statewide Vendor Number State Contract Number Project Title Request Number Approval is Requested to Sublet the Following Described Work to: Lower Tier Subcontractor Subcontractor Lower Tier Subcontractor/Subcontractor Name Unified Business Identifier (UBI) Statewide Vendor Number or Federal Employer I.D. Number Address Telephone Number City State Zip Code Estimated Starting Date If Lower Tier Subcontractor, Name of Hiring Subcontractor Fed ID or Vendor # of Hiring Subcontractor Request to Sublet # of Hiring Subcontractor Item No. Partial or Complete Item Description Work Description (if partial) Amount Total Sublet Amount I understand and will ensure that the subcontractor Prime Contractor Representative and Title will comply fully with the plans and specifications under which this work is being performed. Date Department of Transportation Use Only Percent of Total Contract This Request % Previous Requests % Sublet to Date % Program Certification Verification Debarred/Registration Verification (LNI) Comments: Project Engineer or Designee Approved Date DOT Form 421-012 Revised 08/2022 Save Electronically - Do Not Print EXHIBIT W Request to Sublet Work Request to Sublet Work Supplemental Sheet Item No. Partial or Complete Item Description Work Description (if partial) Amount Subtotal (Page 2 Only) DOT Form 421-012 Revised 08/2022 Save Electronically - Do Not Print EXHIBIT P Instructions for DOT form 421-012 Program Certification: Check all the boxes that apply and that can be verified through OMWBE and/or WEBS Prime Contractor: Enter the business name of the Prime Contractor for this project. Statewide Vendor Number: Enter the Prime Contractor’s Statewide Vendor Number. State Contract Number: Enter the Contract number assigned to the project. Project Title: Enter the name of the project Request Number: Enter the sequential number of the request. Lower Tier Subcontractor or Subcontractor boxes*: Click the box to indicate if the request is for a subcontractor or a lower tier subcontractor. Lower Tier Subcontractor/Subcontractor name: Enter the business name of the subcontractor or lower tier subcontractor. Unified Business Identifier (UBI): Enter the UBI number for the subcontractor or lower tier subcontractor. Federal Employer I.D. Number: Enter the Federal Employer ID Number for the subcontractor or lower tier subcontractor. Address: Enter the address for the subcontractor or lower tier subcontractor, including city, state and zip code. Telephone Number: Enter the telephone number for the subcontractor or lower tier subcontractor. Estimated Starting Date: Enter the anticipated date when the subcontractor or lower tier subcontractor will be on-site to perform work. If Lower Tier Subcontractor, Name of Hiring Subcontractor: If the lower tier subcontractor box was marked above, enter the business name of the subcontractor that hired your company. Fed ID of Hiring Subcontractor: If the lower tier subcontractor box was marked above, enter the Federal Employer ID Number for the subcontractor that hired the lower tier. Request to Sublet # of Hiring Subcontractor: If the lower tier subcontractor box was marked above, enter the Request to Sublet number for the subcontractor that hired the lower tier. Item No: Enter the bid item number(s) that will be sublet. This number is shown in the first column of original contract proposal and in the first column of the summary of quantities found in the original contract plans. Partial or Complete: Choose partial from the drop down list if your company will only be performing a portion of the work associated with the bid item. Choose complete if the company will be performing all of the work associated with the bid item. Item Description: Enter the bid item name corresponding with the Bid Item No previously entered on the form. This information is located in the second column of the original contract proposal and in the seventh column (titled ITEM) of the summary of quantities found in the original contract plans. Work Description (if partial): Provide a brief description of the type of work being performed on the project. Amount: Enter the dollar amount equivalent to the work the subcontractor is expected to perform. Prime Contractor Signature and Date: The Prime Contractor signs the document using an electronic signature (can be typed or a copy of their signature applied to the document) and enters the date. DOT Form 421-012 Revised 08/2022 Save Electronically - Do Not Print EXHIBIT P City of Arlington Council Agenda Bill CA #5 Attachment February 20, 2024 Renewal of Snohomish Conservation District Interlocal Agreement (ILA) ILA between the City of Arlington and Snohomish Conservation District (2024 to 2028) Snohomish Conservation District 2024 Workplan (DRAFT) Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $ 26,850 (Multiple years) BUDGET CATEGORY: Stormwater Utility Operating Fund (Fund 412) BUDGETED AMOUNT: $ 3,200 Education/Outreach plus $25,000 Capacity Grant LEGAL REVIEW: DESCRIPTION: Renewal of an ILA with Snohomish Conservation District for years 2024 through 2028 to provide stormwater conservation and youth education programs. HISTORY: As part of the City’s NPDES-Phase 2 Stormwater permit, the City is required to provide stormwater education and outreach services. The Snohomish Conservation District and the City of Arlington have jointly coordinated over the past years on providing stormwater education and outreach programs such as a neighborhood centered rain garden education programs, installation of the rain garden at the Depot, and direct school classroom outreach (ex 2018: 25 classes, 528 students, 22 adults). Renewal of this ILA will continue the needed stormwater education and outreach program, along with other stormwater projects to assist Arlington in meeting its NPDES-Phase 2 permit requirements. ALTERNATIVES: Remand to staff for additional information. I move to approve the Interlocal Agreement with the Snohomish Conservation District for years 2024 through 2028, and authorize the Mayor to sign the agreement, pending final approval by the City Attorney. ILA between City of Arlington, WA and Snohomish Conservation District January 1, 2024 - December 31, 2028 Page 1 of 6 INTERLOCAL AGREEMENT BETWEEN CITY OF ARLINGTON AND SNOHOMISH CONSERVATION DISTRICT FOR JOINT OR COOPERATIVE SERVICES January 1, 2024 through December 31, 2028 This Interlocal Agreement (hereinafter "Agreement") is entered into by and between the City of Arlington (hereinafter "City"), a political subdivision of the State of Washington, and the Snohomish Conservation District (hereinafter "District"), a Washington Special Purpose District established pursuant to Chapter 89.08 RCW. WHEREAS, the District was established pursuant to Chapter 89.08 RCW to undertake a variety of activities relating to the conservation, management, and sustainability of natural resources; and WHEREAS, the District and City are authorized pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, to enter into agreements with one another for joint or cooperative action; and WHEREAS, the District’s boundaries include all of the City; and WHEREAS, for over 80 years the District has assisted landowners and local governments as they face resource management challenges relating to water quality and other natural resource issues; and WHEREAS, the District has outlined long term goals and objectives in its 5-Year Plan; and WHEREAS, the City shares responsibility for conserving and managing the City’s natural resources; and WHEREAS, the District and City support and concur in the need to continually refine and coordinate their long and short term goals, objectives, and programs for managing and conserving the City’s natural resources; and WHEREAS, the revenue from rates and charges imposed by Snohomish County (County) pursuant to RCW 89.08.405 will allow the District to work in partnership with the City to obtain grant funding and support the County and the City in addressing requirements of ILA between City of Arlington, WA and Snohomish Conservation District January 1, 2024 - December 31, 2028 Page 2 of 6 the National Pollutant Discharge Elimination System (NPDES), Endangered Species Act (ESA) listing of salmon species, and other natural resource protection requirements and needs; NOW, THEREFORE, the District and City mutually agree as follows: I. PURPOSE A. The recitals set forth above are incorporated herein by this reference. B. The purpose of this Agreement is to establish and define the terms and conditions for the cooperative efforts to be undertaken by the City and the District to promote, facilitate, and undertake certain conservation programs and activities. C. This Agreement shall be implemented through an annual scope of work as provided in Articles IV and V. II. DURATION OF AGREEMENT A. This Agreement shall commence on January 1, 2024 and terminate December 31, 2023, unless otherwise modified or terminated in accordance with the terms of this Agreement. B. The activities described in Appendix 1-2024 that are performed after the execution date of this agreement, shall be eligible for funding under this Agreement. C. This Agreement may be terminated by either party by providing sixty (60) days’ written notice to the other party. III. FUNDING Funds for the resource management and conservation programs provided for in this Agreement shall be defined within the annual Scope of Work and Budget negotiated between the City and the District. IV. RESPONSIBILITIES OF THE DISTRICT A. Scope of Work ILA between City of Arlington, WA and Snohomish Conservation District January 1, 2024 - December 31, 2028 Page 3 of 6 This Agreement shall be implemented through a scope of work. The City and District shall negotiate a scope of work and budget for each year of this Agreement, which scope of work and budget will coordinate and describe the conservation programs and activities to be undertaken using funds from the City and District. The first scope of work and budget is set out in Appendix 1-2024, attached hereto and incorporated herein by this reference, which shall take effect on January 1, 2024. Subsequent annual scope of work and budget will be attached to this Agreement labeled as the subsequent years, for example Appendix 1-2025. B. Future Scope of Work On or before December 1 of each year, the District will submit to the City, through the Public Works Director, a proposed annual scope of work and budget that describes the District’s conservation programs and activities proposed to be undertaken by the District with funds obtained from the City in the succeeding year. The scope of work will be coordinated with City conservation programs and activities. C. Program Reporting With each quarterly invoice, the District shall prepare and submit to the City, through the Public Works Director, a quarterly report which shall summarize the work performed and expenditures incurred during the preceding months for funding provided by the City and evaluate the performance and results of the work performed. The reports shall also include, but not be limited to, the following: 1. A description of work performed during the period and progress made to date. 2. A description of any adverse conditions that affected the program objectives and/or time schedules, and actions taken to resolve them. V. RESPONSIBILITIES OF THE CITY A. Cooperation with the District The City shall assist the District in a timely manner in the preparation, review, modification, and implementation of the scope of work, including accommodation of sensitive District timelines and assistance in identifying and making plan modifications that are reasonably consistent with the mission and goals of the District. B. Payment of Billing Requests ILA between City of Arlington, WA and Snohomish Conservation District January 1, 2024 - December 31, 2028 Page 4 of 6 The City shall provide payment within 30 days of an approved billing request submitted by the District for work activities and expenditures identified in the scope of work and budget. VI. ENTIRETY OF AGREEMENT This Agreement constitutes the entire agreement between the City and the District and supersedes all proposals, oral and written, and all other communication between the parties in relation to the subject matter of this Agreement. Except as otherwise provided herein, no modification of this Agreement shall be effective until reduced to writing and executed by both parties. VII. MAINTENANCE OF RECORDS The District shall maintain all books, documents, receipts, invoices, and records, including payroll records, necessary to sufficiently and properly reflect the expenditures associated with this Agreement. The accounting records shall provide for a separate recording and reporting of all receipts and expenditures. Financial records pertaining to matters authorized by this Agreement are subject to inspection and audit by representatives of City or the State Auditor upon request. VIII. AMENDMENTS AND MODIFICATIONS OF PROGRAM EXPENDITURES A. Changes in Approved Projects or Program Activities The City, through the Public Works Director, must approve the removal, modification, or addition of work identified in the annual scope of work. B. Delays Spending for some projects or program activities may be delayed because of extended time frames for obtaining supporting grant funds, holdups in the permit review/approval processes, or other unforeseen circumstances. Variations in the scope of work or budget for these reasons shall be documented between the District and the City. IX. PROPERTY Title to property purchased by the District in carrying out the scope of work shall vest in the District. ILA between City of Arlington, WA and Snohomish Conservation District January 1, 2024 - December 31, 2028 Page 5 of 6 X. GENERAL PROVISIONS A. Notice Except as set forth elsewhere in this Agreement, notice for purposes of this Agreement, except service of process, shall be given by the District to the City by delivery to the Public Works Director, 238 N. Olympic Ave, 98223. Notice to the District for purposes of this Agreement, except service of process, shall be given to the District Executive Director, 528 – 91st Ave. NE. Lake Stevens, WA 98258. B. Compliance with Laws The District and the City shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations applicable to the performance of this Agreement. The District and the City agree to comply with all the provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such acts. C. Indemnification The District and the City agree to protect, defend and hold harmless each other, its elected and appointed officials, employees and agents, from and against all claims, demands and causes of action of any kind or character, including any cost of defense and attorney’s fees, arising out of any actions, errors or omissions of the other party, its officials, employees and agents in performing this Agreement except for those arising out of the sole negligence of the other party. D. Non-assignment The District shall not subcontract, assign or delegate any of the rights, duties or obligations covered by this Agreement without prior express written approval by the City. E. Independent Contractor The District will perform the services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City. The parties agree that the District is not entitled to any benefits or rights enjoyed by employees of the City. The District specifically has the right to direct and control the District’s own activities in implementing the scope of work in accordance with the terms of this Agreement. The City shall only have the right to ensure performance. ILA between City of Arlington, WA and Snohomish Conservation District January 1, 2024 - December 31, 2028 Page 6 of 6 F. Interlocal Cooperation Act The parties agree that no separate legal or administrative entities are necessary in order to carry out this Agreement. If determined by a court to be necessary for purposes of the Interlocal Cooperation Act, Ch. 39.34 RCW, an administrator or joint board responsible for administering the Agreement will be established by mutual agreement. Any real or personal property used by either party in connection with this Agreement will be acquired, held, and disposed of by that party in its discretion, and the other party will have no joint or other interest herein. No partnership or joint venture between the parties is created by this Agreement. XI. MISCELLANEOUS A. No obligation in this Agreement shall limit the District or the City in fulfilling its responsibilities otherwise defined by law. B. The City shall cause this Agreement to be recorded with the Snohomish County Auditor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date written below. SNOHOMISH CONSERVATION DISTRICT Accepted and executed this ____ day of ________________, 2023 By: ____________________________ Mark Craven, Chair Snohomish Conservation District CITY OF ARLINGTON Accepted and executed this ____ day of ________________, 2023 By: ____________________________ Legal Representative City of Arlington Appendix 1-2024 City of Arlington Scope of Work Task City of Arlington Cost Administration Includes meetings with the city, grant reporting, billing, and project management. $2,000 Outreach SCD will engage Arlington youth and adults with educational stormwater activities and informational materials at two city events. Participant engagement strategies will focus on tree and agroforestry information, pet waste impact on water quality, information about living with beavers, fish bearing streams, and green stormwater infrastructure. SCD will provide outreach and support for up to three community $7,500 Green Stormwater Infrastructure SCD will perform rain garden maintenance on a rain garden outside the City of Arlington Administrative offices and outside of the Arlington Police Department to rehab the gardens and install $11,000 Habitat Living with beavers: SCD will support beaver coexistence in the City of Arlington via dam notching, beaver deceivers, and other $2,850 Youth Education SCD will provide stormwater focused youth activities including in- person, virtual, or asynchronous lessons; Envirothon support; field trips and outdoor education; conservation art contests; service- learning projects; science kits; educational activities at community events. Pricing structure for youth education programming can be found in Table A. A list of current programs can be found in Table $3,500 25% overhead is calculated within the staff time of each task. Total $26,850 Agreement signatures By their signature, below, each person signing on behalf of a party represents that they are fully authorized to sign for and on behalf of the named party. CITY OF ARLINGTON SNOHOMISH CONSERVATION DISTRICT _________________________ ___________________________ Signature Signature _________________________ ___________________________ Name (printed) Name (printed) _________________________ ___________________________ Title Title _________________________ ___________________________ Date Date Table A Youth Education Cost Structure Method Cost per unit In-person lessons Actual cost: $250 Amount billed: $200 Remote lessons Actual cost: $125 Amount billed: $100 Asynchronous lessons to deliver materials to teacher) @ $50/hr + mileage + supplies ($25) Actual cost: $175 Amount billed: $150 Field trips up, and clean up; 3 hrs to scope site and tailor curriculum to location) @ $50/hr + mileage + Actual cost: $375 Amount billed: $300 Environmental Stewardship Event = 7 hours of labor (.5 hrs for marketing; 2 hr for instruction; 2 hours for travel, set up, and clean up; 3 hrs to scope site and prep) @ $50/hr + mileage + Actual cost: $425 Amount billed: $375 = 5.5 to 8.5 hours of labor (.5 hours for marketing; 2-5 hours for implementation; 2 hours for travel, set up, and clean up; 1 hour to prep) @ $50/hr + mileage + supplies ($25) Actual Cost: $300 to $450 Amount billed: = 5 hours of labor (2 hrs to market the competition in your city; 2 hrs to collect and review submissions; 1 hr to notify applicants) @ $50/hr = 10 hours of labor (2 hrs to promote Envirothon in your city; 4 hrs of instruction for a team in your city; 2 hrs to prep; 2 hrs for travel, set up, Actual cost: $525 Amount billed: $400 These figures are an estimate of the costs of Snohomish Conservation District’s youth education offerings. Actual costs and amounts billed may vary depending on the activities our Youth Education Team implements in your city. Snohomish Conservation District chooses not to pass on the full cost of our educational offerings to reduce the financial burden on our partner cities and ensure as many students as possible participate in our programming. Please let us know which activities and methods most interest you and we’ll put together a proposal that suits your budget. Table B Youth Education Programming (new/other programming may also be implemented) Activity Grades Fish Grow On Trees lesson Elementary MacroMayhem! lesson Elementary Salmon of Puget Sound lesson Elementary 4 Raindrops lesson Elementary Water Quality Monitoring with Chemical Test Kits lesson Middle Water Quality Monitoring with Benthic Macroinvertebrates lesson Middle Washington State Envirothon team support High School Youth Art Contest support All grades Environmental stewardship event All ages Stormwater education tabling All ages City of Arlington Council Agenda Bill NB #1 Attachment February 20, 2024 Contract with King County Directors Association (KCDA) to replace the HVAC System at the police station Contract with KCDA and third-party agreement with Hermanson to perform services Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: $399,130.00 BUDGET CATEGORY: Facilities Capital BUDGETED AMOUNT: $399,130.00 LEGAL REVIEW: DESCRIPTION: chambers. KCDA has contracted with Hermanson to perform the work. The project was scheduled for 2023, but material supply chain delays postponed the project to 2024. The project is budgeted from Capital Facilities funds. KCDA is a purchasing co-op for school districts and public agencies. The City of Arlington is a member and purchases many of our facilities’ supplies and services from KCDA. ALTERNATIVES: I move to approve the contract with KCDA and third party agreement with H ermanson, and authorize the Mayor to sign, subject to final review by the City Attorney. City of Arlington Council Agenda Bill NB #2 Attachment G COUNCIL MEETING DATE: February 20, 2024 th Amendment No. 2 Design Services for the 211th Place Corridor Restoration Project Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: Transportation Imp Fund 2024 (design portion) BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: 211th Place is a critical link in Arlington’s transportation network serving as an urban minor collector connecting 67th Ave to a newly constructed roundabout at SR530. 211th Place is also rated as a T3 freight corridor carrying 300,000 to 4 million tons of freight per year. This critical roadway is in poor/failing condition and in need of rehabilitation to continue reliable service. Arlington applied for and received a $2.3 million grant from TIB to upgrade this roadway to Arlington’s current “Complete Streets” standards. The City has engaged with SCJ Alliance for the project design work. Amendment #2 amends the scope of work to design a pond-based stormwater system, as opposed to the original infiltration system, and address additional archeological needs. A summary of project change orders is as follows: Original Contract Amendment #1 Amendment #2 $ 47,053.45 $ 19,843.53 ALTERNATIVES: Project and authorize the Mayor to sign the amendment. 02/07/24 1:02 PM \\arlington\city\PW_Admin\Contracts\SCJ Alliance\06_211th Place Corridor Improvements\Amendment #2\Amendment #2_SCJ_211th.docx Contract Amendment No. 2 To Professional Services Agreement For 211th Place Corridor Improvements (P02.571) This amendment authorizes the modification of the Professional Services Agreement between the City of Arlington and SCJ Alliance. for the 211th Place Corridor Improvements contract, executed on May 8, 2023. Unless modified below, all terms and conditions contained in the Professional Service Agreement remain current and in effect for the completion of the contract. It is mutually agreed that the above referenced agreement is amended as follows: AMENDMENT 1.Scope of Work - The project scope of work is increased for additional tasks as detailed in the Scope of Services., dated January 16, 2024, and included with this amendment as Exhibit B. 2.Fee - This additional work included under this amendment shall be performed for a not to exceed fee of $ 19,834.00 in accordance with the fee schedule included with this amendment as Exhibit D-1. EXECUTION IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. SCJ Alliance City of Arlington Eric Johnston, PE Don E. Vanney Vice President / COO Mayor Date Date Exhibit B Amendment 2 – Pond Design 211th Place NE – 67th Ave NE to SR 530 Arlington, Snohomish County, WA Prepared For: James Kelly, PE Prepared By: Dan Ireland, PE Date Prepared: January 16, 2024 Introduction: It is our pleasure to provide the City of Arlington (City) with this amendment to change the stormwater design at the 90% design level to ultimately reduce project costs and reduce the impact on adjacent residential developments. This option was proposed early in the design process but was dismissed due to the requirement of a whole parcel acquisition. The following phases of work include the additional work defined: Phase 1 Project Management Project Management Incorporating amendment and subconsultant-added work: 1) Meeting to discuss pond options. 2) Subconsultant amendment. 3) Incorporating amendment. Understanding 1) This will not have an effect on other general project management elements already incorporated into the scope of work. Deliverables 1) Concept pond exhibits Phase 7 Cultural Resources 1) Cultural Resources: Additional Cultural Services are required to satisfy the Department of Archeological and Historic Program requirements based on our area of potential impact expanded to incorporate the pond area. Legacy Anthropology has provided an amendment for these additional services that are attached to this amendment. The addition of the additional cultural work is not estimated to have an impact on the design schedule. 2) Please see the attached Legacy Anthropology amendment for the description of additional services. City of Arlington – 211th Corridor January 15, 2024 Page 2 of 2 25 N Wenatchee Ave, Suite 238  Wenatchee, WA 98801  Office 509.886.3265  Fax 360.352.1509  scjalliance.com Phase 10 90% Design and Plan Preparation A major change to one design project element after 60% design resulted in multiple changes in the whole design documentation, plans, specifications, estimates, and costs. Below is a summary of the required changes SCJ was required to implement to change from three infiltration galleries to a single pond and submit for 90% milestone. Task 4 Pond Design 1) Remove the current infiltration gallery design and details from the construction plans. 2) Change the removal plan sheets and expand them to incorporate the pond area. 3) Change the alignment plan sheets and expand them to incorporate the pond area. 4) Change the paving plan sheets and expand them to incorporate the pond area. 5) Merge a new topographic survey surface into the project and re-grade the pond to match existing conditions. 6) Change the drainage plan sheets and expand them to incorporate the pond area. 7) Change the landscape plan sheets and expand them to incorporate the pond area. 8) Change the specifications to remove the gallery elements. 9) Change the cost estimate by removing quantity elements and adding pond elements. 10) Change Wall 1 limits and details. 11) Increasing stormwater treatment system to a single unit instead of three. 12) Change the drainage report to reflect the change in treatment methods. Understanding 1) City will be obtaining additional surveys for the pond area so SCJ can confirm catch limits. 2) City is reviewing the site for critical areas (wetlands and buffers). 3) Previous geotechnical work will suffice for pond information. 4) Discharge to the southwest corner of SR 530/211th intersection is an acceptable emergency overflow. Deliverables 1) Updated 90% Construction Plan Sheets 2) Updated 90% Special Provisions. 3) Updated 90% Cost Estimate 4) Updated Drainage Report Phase Phase Title SCJ Hours Amendment Estimate Previous Phase Amount New Phase Amount 1 Project Management 5 $939 $14,239 $15,178 7 Cultural Resources - $1,382 $7,215.30 $8,597.30 10 90% Design 133 $17,513 $53,305 $70,818 $19,834 Current Contract Amount: $365,832.70 Amendment Amount: $19,834 New Contract Amount: $385,666.70 Consultant Billing Rate Schedule - Exhibit D-2 SCJ Alliance Client:Hourly Rate Table Format: LAG Contract Project:Allowable Overhead Rate: 166.19% Job #:Negotiated Fixed Fee: 31.00% File Name:Labor Estimate.xlsm Billing Rate Table Version: 2/23/2023 Date: Direct Labor Allowable Negotiated Total Hourly Hourly Rate Overhead Profit Billing Rates NTE 166.19%31.00% NTE $126.56 $210.33 $39.23 $376.12 $99.00 $164.53 $30.69 $294.22 $86.08 $143.06 $26.68 $255.82 $71.71 $119.17 $22.23 $213.11 $63.56 $105.63 $19.70 $188.89 $49.03 $81.48 $15.20 $145.71 $60.06 $99.81 $18.62 $178.49 $56.54 $93.96 $17.53 $168.03 $52.97 $88.03 $16.42 $157.42 $46.23 $76.83 $14.33 $137.39 $34.62 $57.53 $10.73 $102.89 $57.75 $95.97 $17.90 $171.63 $49.61 $82.45 $15.38 $147.44 $41.86 $69.57 $12.98 $124.40 $38.45 $63.90 $11.92 $114.27 $32.18 $53.48 $9.98 $95.64 $66.11 $109.87 $20.49 $196.47 $48.76 $81.03 $15.12 $144.91 $41.72 $69.33 $12.93 $123.99 $36.39 $60.48 $11.28 $108.15 $33.00 $54.84 $10.23 $98.07 $49.89 $82.91 $15.47 $148.27 $54.10 $89.91 $16.77 $160.78 $37.96 $63.09 $11.77 $112.81 $34.10 $56.67 $10.57 $101.34 $29.70 $49.36 $9.21 $88.27 $31.00 $51.52 $9.61 $92.13 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $68.20 $113.34 $21.14 $202.68 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $42.85 $71.21 $13.28 $127.35 $0.00 $0.00 $0.00 $0.00 $42.85 $71.21 $13.28 $127.35 $32.13 $53.40 $9.96 $95.49 $62.01 $103.05 $19.22 $184.29 PC 1 Project Coordinator Project Accountant CI 2 Construction Inspector CI 1 Construction Inspector Graphic Designer PC 3 Project Coordinator - CM Only PC 2 Project Coordinator City of Arlington 211th NE - 67th Ave NE to SR530 23-00884 Actuals Not To Exceed Billing Rate Table (ANTE) Job Classifications 3/30/23 RE 2 Construction Resident Engineer P4 Planner E4 Engineer Senior Consultant Senior Project Manager PM3 Project Manager PM2 Project Manager PM1 Project Manager Senior Engineer P1 Planner Senior Technician Senior Landscape Architect T1 Technician L3 Landscape T3 Technician T2 Technician L2 Landscape L1 Landscape Senior Planner P3 Planner P2 Planner Construction Office Engineer CI 3 Construction Inspector CI 4 Construction Inspector Principal Construction Inspector T4 Technician Senior Construction Manager RE 3 Construction Resident Engineer E2 Engineer E1 Engineer L4 Landscape E3 Engineer RE 1 Construction Resident Engineer Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:211th NE - 67th Ave NE to SR530 Contract Type: LAG Contract No. of Sheets: No. of Sheets: N/A Job #:23-00884 No. of Lots: No. of Lots: N/A File Name: Labor Estimate.xlsm 77 46 44 48 28 39 37 46 Template Version:Dan Ireland David Hall Andrew Metternich- Fields Caitlin Mehall Jair Kim Brown Angi Juliana Loli Phase & Task No.Principal E4 Engineer E3 Engineer E4 Engineer E1 Engineer Project Accountant L3 Landscape PM1 Project Manager Total Direct Labor Hours & Cost Total Cost PHASE 1 Task 1 1 1.0 1.0 2.0 344.74$ 2 -$ 3 -$ 4 2.0 1.0 3.0 594.38$ Subtotal Hours: 3.0 1.0 1.0 5.0 939.12$ Total Phase Hours: 3.0 1.0 1.0 5.0 5.0 Total Phase Direct Labor: $231.00 $46.00 $39.00 $316.00 939.12$ General project correspondence and coordination Phase & Task Title Project Management PROJECT MANAGEMENT Amendment Setup 2 of 6 1/22/2024 Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:211th NE - 67th Ave NE to SR530 Contract Type: LAG Contract No. of Sheets: No. of Sheets: N/A Job #:23-00884 No. of Lots: No. of Lots: N/A File Name: Labor Estimate.xlsm 77 46 44 48 28 39 37 46 Template Version:Dan Ireland David Hall Andrew Metternich- Fields Caitlin Mehall Jair Kim Brown Angi Juliana Loli Phase & Task No.Principal E4 Engineer E3 Engineer E4 Engineer E1 Engineer Project Accountant L3 Landscape PM1 Project Manager Total Direct Labor Hours & Cost Total CostPhase & Task Title PHASE 10 Task 3 1 2.0 16.0 2.0 20.0 2,918.41$ 2 12.0 2.0 8.0 22.0 2,591.50$ 3 12.0 4.0 16.0 1,438.40$ 3 8.0 8.0 1,046.11$ 4 1.0 16.0 2.0 19.0 2,701.46$ 5 12.0 12.0 1,640.49$ 6 2.0 16.0 18.0 2,644.99$ Subtotal Hours: 5.0 72.0 8.0 4.0 20.0 4.0 2.0 115.0 14,981.35$ Task 4 1 1.0 2.0 4.0 1.0 8.0 945.06$ 2 -$ Subtotal Hours: 1.0 2.0 4.0 1.0 8.0 945.06$ Pond Plan sheet 90% Design Phase Modify pond to new topo Drainage Report Change Change Wal 1 Changing of existing plan sheets (Demo, TESC, Paving, Water) 90% Construction Plans Pond Alternative Concept Design Stormwater Conveyance System Changes 90% Cost Estimate Quantity Estimate 3 of 6 1/22/2024 Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:211th NE - 67th Ave NE to SR530 Contract Type: LAG Contract No. of Sheets: No. of Sheets: N/A Job #:23-00884 No. of Lots: No. of Lots: N/A File Name: Labor Estimate.xlsm 77 46 44 48 28 39 37 46 Template Version:Dan Ireland David Hall Andrew Metternich- Fields Caitlin Mehall Jair Kim Brown Angi Juliana Loli Phase & Task No.Principal E4 Engineer E3 Engineer E4 Engineer E1 Engineer Project Accountant L3 Landscape PM1 Project Manager Total Direct Labor Hours & Cost Total CostPhase & Task Title Task 5 1 1.0 2.0 3.0 502.25$ 2 1.0 6.0 7.0 1,084.74$ 3 -$ Subtotal Hours: 2.0 2.0 6.0 10.0 1,586.99$ Total Phase Hours: 8.0 76.0 8.0 10.0 24.0 5.0 2.0 133.0 133.0$ Total Phase Direct Labor: $616.00 $3,496.00 $352.00 $480.00 $672.00 $185.00 $92.00 $5,893.00 17,513.41$ Total Hours All Phases 11.0 77.0 8.0 10.0 24.0 1.0 5.0 2.0 138.0 138.0 Total Direct Labor Estimate All Phases $847.00 $3,542.00 $352.00 $480.00 $672.00 $39.00 $185.00 $92.00 $6,209.00 18,452.53$ Indirect Costs Subconsultants: Legacy Anthropology $1,382.00 Subconsultant Subtotal:1,382.00$ Subconsultant Markup:-$ Subconsultant Total:1,382.00$ Reimbursable Expenses: Copies, Printing, etc.-$ Mileage -$ Expenses Subtotal:-$ Expenses Markup:-$ Expenses Total:-$ Management Reserve:-$ Total Indirect Costs:1,382.00$ Special Provisions Special Provisions Update SEPA Checklist 4 of 6 1/22/2024 SCJ Alliance Client: Project: Job #:Template Version: File Name: Labor Estimate.xlsm Contract Type: Consultant Fee Determination DIRECT SALARY COST Classification Hours Direct Hourly Rate Amount Principal 11.0 $77.00 $847.00 E4 Engineer 77.0 $46.00 $3,542.00 E3 Engineer 8.0 $44.00 $352.00 E4 Engineer 10.0 $48.00 $480.00 E1 Engineer 24.0 $28.00 $672.00 Project Accountant 1.0 $39.00 $39.00 L3 Landscape 5.0 $37.00 $185.00 PM1 Project Manager 2.0 $46.00 $92.00 Total Direct Salary Cost $6,209.00 OVERHEAD Overhead Rate: 166.19% Direct Salary Cost:$6,209.00 Overhead Cost $10,318.74 FIXED FEE Fixed Fee Rate: 31.00% Direct Salary Cost:$6,209.00 Fixed Fee Cost $1,924.79 TOTAL SALARY COST Total Salary Cost $18,452.53 SUBCONSULTANTS Yes $1,382 x Subconsultant Fee Subtotal:$0 $1,382.00 Q Subconsultant Markup:0%$0.00 REIMBURSABLE EXPENSES Copies, Printing, etc. 0.0% of the Direct Salary Costs $0.00 Mileage 0 miles at $0.655 per mile $0.00 Expenses Subtotal:$0.00 Expenses Markup:0%$0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses)$19,834.53 MANAGEMENT RESERVE FUND (MRF) Management Reserve:$0.00 Total Estimated Budget: $19,834.53 Consultant Fee Determination Summary - Exhibit D-1 211th NE - 67th Ave NE to SR530 2/23/202323-00884 Legacy Anthropology Phase 7 Select Phase LAG Contract City of Arlington 1/22/2024 Page 6 City of Arlington Council Agenda Bill NB #3 Attachment February 20, 2024 Ordinance Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Ordinance amending AMC Chapter 6.05 relating to solid waste collection and disposal. The City of Arlington has an agreement with Waste Management for the collection and processing of all residential refuse, recyclables, and compostables from all residential dwellings. Some residents leave Arlington for extended periods of time (i.e. Snowbirds) and want to cancel their garbage service while they are away. However, the current wording of Arlington Municipal Code 6.05.015 Mandatory Collection states that each residence must have “solid waste collection”, it does not provide a variance for service interruption and Waste Management is confused on how to approach temporary service interruption requests. The revision to AMC 6.05 will allow Arlington residents to temporarily suspend Waste Management collection services when they are out of town for an extended period. ALTERNATIVES: Remand to staff for additional information. I move to approve the ordinance amending Arlington Municipal Code Chapter 6.05 and authorize the Mayor to sign it. ORDINANCE NO. 2024-XXX 1 ORDINANCE NO. 2024-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 6.05 RELATING TO SOLID WASTE COLLECTION AND DISPOSAL WITHIN THE CITY WHEREAS, the City of Arlington has the authority to manage the collection and disposal of solid waste within the City; and WHEREAS, the City has adopted Arlington Municipal Code (AMC) chapter 6.05 concerning solid wase and its collection and disposal; and WHEREAS, City Council wishes to update certain provisions of the AMC; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code subsection 6.05.015 shall be and hereby is amended to read as follows: 6.05.015 - Mandatory collection. For purposes of this chapter, each household, dwelling, multi-unit residence, apartment house, trailer court, and commercial or industrial building shall be required to contract for solid waste collection with the city or its contractor for solid waste collection. Any owner of a house, dwelling, multi-unit residence, apartment house, trailer court, or commercial or industrial building which does not contract for services shall be deemed not to be in compliance with this chapter. Property owners or occupants shall have the right, at the discretion of the Director of Public Works or his or her designee, to suspend collection during periods when the customer will be out of the area and not accumulating solid waste, provided that such suspension shall be only permitted for periods of time in excess of 30 days and not longer than 180 days. Section 2. Arlington Municipal Code subsection 6.05.020 shall be and hereby is amended to read as follows: 6.05.020 - Administrative and enforcement responsibility. The administration of this chapter shall be the responsibility of the city manager public works director or his or her designee and the officers or employees to which he or she shall delegate such responsibility. Section 3. Arlington Municipal Code subsection 6.05.110 shall be amended to read as follows: ORDINANCE NO. 2024-XXX 2 6.05.110 - Authority to make rules. The city manager administrator or his or her delegate designee may adopt all rules and regulations consistent with this chapter as are reasonably necessary to carry out the purposes of this chapter. Such rules shall be in writing and kept available for public inspection. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. The ordinance shall take effect and be in full force five (5) days after the date of publication. APPROVED by the Mayor and City Council of the City of Arlington this 20th day of February 2024. CITY OF ARLINGTON ______________________________ Don E. Vanney, Mayor ATTEST: ________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _________________________________ Steven J. Peiffle, City Attorney