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Home My WebLink About01-09-23 Council WorkshopSPECIAL 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 Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS SPECIAL MEETING – ACTION WILL BE TAKEN 1. Ordinance Amending Ordinance No. 2022-040 ATTACHMENT A Staff Presentation: Jim Kelly Council Liaison: Debora Nelson WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Ordinance to Amend Arlington Municipal Code Regarding ATTACHMENT B Airport Commission Meeting Start Time Staff Presentation: Dave Ryan Council Liaison: Don Vanney 2. Washington State Transportation Improvement Board ATTACHMENT C Grant Agreement for 211th Place Staff Presentation: Jim Kelly Council Liaison: Jan Schuette 3. Award of Division/Broadway Restoration Project Design to LDC, Inc. ATTACHMENT D Staff Presentation: Jim Kelly Council Liaison: Jan Schuette 4. Amendment #1 to the Brown & Caldwell Contract ATTACHMENT E for the Haller Wellfield Improvement Project Staff Presentation: Jim Kelly Council Liaison: Debora Nelson Arlington City Council Workshop and Special Meeting Monday, January 9, 2023 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. 5. Supplement #2 to Contract with Toole Design Group, LLC ATTACHMENT F Staff Presentation: Jim Kelly Council Liaison: Jan Schuette ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION Consideration of real estate sales price [RCW 42.30.110(1)(c)] Mayor Barb Tolbert / Steve Peiffle RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert City of Arlington Council Agenda Bill Item: SM #1 Attachment A ORDINANCE 2023-001 1 ORDINANCE NO. 2023-001 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE CONSUMER PRICE INDEX INCREASES IN THE ARLINGTON MUNICIPAL CODE CHAPTER 13.12 PERTAINING TO UTILITY RATES AND DECLARING AN EMERGENCY WHEREAS, the City of Arlington has the authority to set rates and charges for its utility system; and WHEREAS, the City of Arlington continues to examine equitable rates for water, sewer, and stormwater service; and WHEREAS, the City’s municipal code contains a CPI adjustment factor which the City Council wishes to reduce for 2023; and WHEREAS, the City Council adopted Ordinance No. 2022-040 on December 5, 2022, which ordinance amended utility rates to be effective January 15, 2023; and WHEREAS, the City has determined that Ordinance 2022-040 contained the wrong schedule which must be corrected; and WHEREAS, it is necessary to adopt a corrected ordinance as an emergency so that the correct rates will be effective at the start of the January 15, 2023 billing cycle; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Section 13.12.040 shall be and hereby is amended to read as follows: 13.12.040 - Water rates and charges. Applicable state and city utility taxes are included in the following rates and charges for water service. The total monthly water charges for every service shall include the Base Charge, and the consumption charge, as set forth below. Beginning on January 15, 2024, the rates set forth for the year 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE 2023-001 2 (1) Minimum monthly Base Charge schedule: Charge By Meter 2022 INSIDE CITY RATE 2023 INSIDE CITY RATE 2023 OUTSIDE CITY RATE to (2) Monthly rate schedule charged for water consumption: Rate per 100 cubic feet 2022 INSIDE CITY RATE INSIDE CITY RATE OUTSIDE CITY RATE First 300 cf Included in Base Charge for SFR and Commercial water services only Included in Base Charge for SFR and Commercial water services only Base Charge for SFR and water services only (3) Fair and equitable minimum rates for water consumers having meters larger than four inches shall be fixed by the city council and written agreements ORDINANCE 2023-001 3 shall be entered with the users setting forth said rates. The city council may enter into contracts with water users deviating from such rates where special circumstances dictate; provided that, such rates shall not be discriminatory. (4) Temporary water service. Temporary water service for construction purposes, or for any other purpose temporary in nature that will not require a permanent service installation must be obtained through a Fire Hydrant Use Permit as stipulated in AMC 13.04.100(e). Charges for temporary use of water shall be as follows: Temporary Water Services Charges Equipment Rental $50.00 $$3.04$3.13 $3.203.30 $3.203.30 (A) The security deposit shall be refunded to the customer after the equipment has been returned and inspected for any damages; customer shall be solely responsible for all damages. Customers shall be billed on a monthly basis for monthly equipment rental charges and usage fees from the date of temporary service installation. (B) Beginning on January 15, 2024, the usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE 2023-001 4 Section 2. Arlington Municipal Code Section 13.12.130 shall be and hereby is amended to read as follows: 13.12.130 Residential sewer rates and charges. Applicable state and city utility taxes are included in the following rates and charges for sewer service. The total monthly sewer charges for every SFR and MFR service shall be a flat fee and not based on metered water consumption. The effective dates for the following sewer rates will be based on the city's billing cycle for use beginning on January 1, 2023. Beginning on January 15, 2024, the rates set forth for the year 2023 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. charge 2022 RATE 2023 RATE Family $72.4370.15 $74.6072.25 Family $55.7654.00 $57.4355.62 Section 3. Arlington Municipal Code Section 13.12.140 shall be and hereby is amended to read as follows: 13.12.140 Commercial sewer rates and charges. (a) All sanitary sewer services connected to any public or private premises that are defined as "Commercial classification" in Section 13.12.110 shall be charged for sanitary sewer service upon the basis of water consumption. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following rates will be based on the city's billing cycle for use beginning on January 1, 2023. Each user shall pay a minimum monthly charge of one base rate plus a volume rate for all consumption over three hundred cubic feet per month. ORDINANCE 2023-001 5 (sewer) Base rate (includes 300 cubic feet of cubic feet of metered (b) Beginning on January 15, 2024, and on January 15th each year thereafter the rates set forth for the year 2023 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change, provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 4. Arlington Municipal Code Section 13.12.150 shall be and hereby is amended to read as follows: 13.12.150 Industrial user classification and charges. The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250, and Chapter 13.36, shall be as follows: (1) All user charges shall be based upon equitable unit charges established for flow BOD (biochemical oxygen demand) loading and TSS (total suspended solids) loading, based upon the average BOD, TSS and other parameter(s) concentrations (as established by the public works director) monitored for the industrial user and the flow recorded in the monitoring manhole or water use. (2) A minimum monthly charge will be established by the city to cover the basic sewer costs and monitoring of the industrial user's wastewater discharge, and in the event the monthly sewer bill does not exceed this amount the industrial user shall agree to pay the estimated minimum monthly charge. This charge shall be reviewed from time to time and adjusted to ensure the charge is covering the monitoring services and sewer costs provided and must be reviewed every two years. Initially, the monthly charges shall be based on the following, unless otherwise established in the negotiated discharge permit: (A) For an industrial user with waste strength less than two hundred fifty mg/1, measured as five-day BOD and TSS, and other parameters within limits established in Sections 13.08.240, 13.08.250, [and Chapter] 13.36, and whose discharge does not require regular monitoring other than flow, the minimum monthly charge is as set forth below: ORDINANCE 2023-001 6 (B) For an industrial user with waste strength in excess of two hundred fifty mg/l for two months or more per year, the minimum monthly charge is as set forth below: Charges strength >250 (C) Beginning January 15, 2024, and each January 15th thereafter, the charges set forth in subsections (l)(A) and (l)(B), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (3) Until such time as a sewer user charge analysis can be conducted to establish equitable charges under a negotiated discharge permit between the city and the industrial user, the following shall be used as the basis for industrial user charges: (A) Flow based charge per cubic foot of wastewater discharged; (B) BOD charge per pound of BOD discharged; and (C) TSS charge per pound of TSS discharged, pursuant to the following table: (D) Beginning January 15, 2024, and each January 15th thereafter, the charges set forth in subsection (c), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (4) Flow shall be based upon one hundred percent of the water consumption or rate of flow of wastewater discharge into the sewer (measured in an industrial user installed flow measurement and recording equipment installed in control manhole, pursuant to Chapter 13.36). Strength of wastewater discharged shall be established based upon twenty-four-hour composite samples made by the city at the control manhole and tested by the city's wastewater ORDINANCE 2023-001 7 treatment plant laboratory or state certified testing laboratory. All testing shall be in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS, pounds per day, shall be calculated based upon concentration of composite samples and established flow rates. (5) Appeal. (A) If any user believes that a portion of the user's metered flow, larger than ten percent, is not discharged into the sewer system (when flow measurement is not provided in the control manhole), the user should make written application to the public works director for review of the user's flow of wastewater. If the public works director agrees that charges for the user should be adjusted, they shall so notify the city council, which may approve such change, or direct a recomputation of the user's sewer rates. (B) If the public works director does not agree to the adjustment of user charges, the user may further appeal to the city council, which may direct further study or take other appropriate action. Section 5. Arlington Municipal Code Section 13.12.540 shall be and hereby is amended to read as follows: 13.12.540 Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (1) State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (2) Beginning on January 15, 2024, the rates set forth for the year 2023 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, , that notwithstanding any reduction in the CPI, rates shall not decrease. (3) For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. ORDINANCE 2023-001 8 Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 7. Effective Date/Emergency. The City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety, and welfare. This ordinance shall become effective immediately upon passage, provided that the rates shall be effective on the first day of the city’s regular billing cycle beginning January 15, 2023. The City Clerk is directed to publish this ordinance at the earliest possible date. PASSED BY the City Council and APPROVED by the Mayor this 9th day of January, 2023. CITY OF ARLINGTON _____________________________ Barbara Tolbert, Mayor Attest: _____________________________ Wendy Van Der Meersche, City Clerk Approved as to form: _________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: WS #1 Attachment B new City Council meeting time and to provide a shorter workday for staff and decreasing overtime expenses. ORDINANCE 2023-002 1 ORDINANCE NO. 2023–002 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING SECTION 2.44.040 OF THE ARLINGTON MUNICIPAL CODE REGARDING MEETING TIMES FOR THE ARLINGTON AIRPORT COMMISSION WHEREAS, the COVID-19 pandemic has changed the conduct of business for the City of Arlington and other municipalities; and WHEREAS, increased access to “live-streamed” Airport Commission meetings has led to reduced in-person attendance and increased remote attendance by citizens; and WHEREAS, the City Airport Commission and staff would benefit from an earlier Airport Commission meeting time, and believe the citizens can remain connected with Airport Commission meetings through the increased use of technology; and WHEREAS, the City Council wishes to amend Section 2.44.040 of the Arlington Municipal Code to reflect a change in meeting times; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 2.44.040 shall be and hereby is amended to read as follows: Regular meetings of the Arlington Airport Commission shall be held on the second Tuesday of each month, beginning at six (6:00) p.m. Meetings shall be held at Putnam Hall at the Arlington Airport Office, 18204-59th Drive NE, Arlington, Washington; provided, however, that whenever such regular meeting falls upon a Tuesday declared in RCW 1.16.050 now or in the future as a legal holiday, then the regular meeting of the airport commission shall be held upon the following Tuesday at the same time and place. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. ORDINANCE 2023-002 2 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th day of January, 2023. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #2 Attachment C thwalkways, and geotechnical issues with the embankment on the north side of the road. The connection of 211th Place at SR-530 has been a dangerous intersection and the site of many collisions. WSDOT will be constructing a roundabout at the SR-530/211th Place intersection in 2023. This will improve 211th Place and SR-530 intersection movements, and will likely increase traffic on 211th Place. City staff developed the 211th Place Improvement Project to addresses embankment and roadway prism improvements, utility and drainage improvements, pedestrian pathway improvements, and street th TIB project number 8-1-817(009)-1). ALTERNATIVES: Remand to staff for more additional information. RECOMMENDED MOTION: Workshop; discussion only. At the January 17, 2023 Council meeting, the recommended motion will be, “I move to authorize the Mayor to sign the grant agreement with the Transportation Improvement Board.” Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 1 of 5 November 2012 City of Arlington 8-1-817(009)-1 211th Place SR 530 to 67th Ave NE STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Arlington AGREEMENT THIS GRANT AGREEMENT (hereinafter “Agreement”) for the 211th Place, SR 530 to 67th Ave NE (hereinafter “Project”) is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of Arlington, a political subdivision of the State of Washington (hereinafter “RECIPIENT”). 1.0 PURPOSE For the project specified above, TIB shall pay 79.7194 percent of approved eligible project costs up to the amount of $2,300,000, pursuant to terms contained in the RECIPIENT’S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 2 of 5 November 2012 often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT’s other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB’s notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 3 of 5 November 2012 a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT’s request to amend the Project. c) After investigation TIB confirms RECIPIENT’S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB’s obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 4 of 5 November 2012 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY’s own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 5 of 5 November 2012 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name blank City of Arlington Council Agenda Bill Item: WS #3 Attachment D (fee being negotiated) is eligible to receive, and has been awarded, a NHS Asset Management Grant to fund NHS corridor preservation activities. The City has developed the Division/Broadway Restoration Project that includes grant funded preservation activities and other improvements including, traffic circle improvements, curb ramp improvements, enhanced cross walks, and improved street lighting. Since this project is partially funded by a federal grant, it must follow federal policies for design and construction; WSDOT will be the City’s certifying agency to monitor federal policy compliance. Staff issued a Request for Proposals in November 2022 for project design services. Three proposals were received and interviews were conducted by a panel of three city staff and one WSDOT representative. LDC, December 28, 2022 SCOPE OF WORK and FEE FOR CIVIL ENGINEERING SERVICES DIVISION/ BROADWAY RESTORATION PROJECT STPUS-NHPP9931 (024) P-02-521 Land Development Consultants, Inc. (LDC) is pleased to submit the following proposal for professional services in conjunction with your Division/ Broadway Restoration project with the city of Arlington. BACKGROUND The city intends to design and rehabilitate the pavement surface along Division Street (West Ave to Broadway St) and Broadway Street (Division St to Burke Ave). The project will also design roundabout truck aprons at the two roundabouts and other pedestrian crossing/traffic calming features along the corridor. This proposal is based upon a request from the client as well as our familiarity with the City of Arlington Design Standards and WSDOT LAG Requirements. Please see the below scope of services for the required services below: • WSDOT/ APWA Specification format will be utilized. • Base Maps will be produced by others and electronically submitted to LDC. • All project deliverables will be produced within six months from notice to proceed. • Traffic Analysis, private utility updates, and arborists evaluations are excluded from this scope of services. • City will provide traffic data, and truck counts to support pavement design. TASK 01- PROJECT COORDINATION AND MEETINGS Project coordination is essential to the success of this project. LDC will coordinate with the city regarding project deliverables, design standards, permitting, and project schedule: • Prepare project management plan (PMP), prior to kickoff meeting • Hold project kickoff meetings & review PMP. • Review City Transmit data: o Topographic Survey (PDF & CAD Files) o IMS Pavement Data o City ADA Measurements • Bi-weekly project coordination phone calls • Miscellaneous phone calls and email coordination • Project meetings upon city request (up to four meetings) • A maximum of four project coordination meetings in person will be held beyond the project kickoff meeting. • LDC strives to respond quickly to all emails and phone calls received from the city. TASK 02 – PAVEMENT ANALYSIS (HWA) The intent of this task is to review existing site conditions and to develop a cost-effective pavement restoration plan. • Review with city, proposed boring locations, one goal is to not trigger traffic control review by WSDOT which would slow approval process. Traffic control is preferably limited to city streets. • Prepare traffic control plans and submit to City for approval • Mark locations of 4 pavement cores in highly distressed areas along Broadway Street & arrange utility locates. • Perform 6-inch diameter pavement cores at 6 locations to assess depth of cracking, existing pavement layer thickness and shallow subgrade support conditions • Prepare photographic logs of pavement cores and assign lab testing. • Perform engineering analyses using traffic data provided by the city • Prepare a memo presenting pavement core logs, figure showing locations of each core, and pavement design/rehabilitation recommendations • Site Walk at time of site coring work • Prepare full depth restoration exhibit. • All costs are estimated and may be increased or decreased within the limits of the total budget at the discretion of HWA’s project manager. • No Street Use Permits/ROW Use fees will be required. • Pavement cores will be patched with Aquaphalt cold patch. • Flaggers will not be required for traffic control. • Minimize full dig out, relationship to road diet. • Possibly thicken pavement at bus stop. TASK 03 – SAFETY & ALTERNATIVES ANALYSIS (TRANSPO) Transpo will identify safety improvements within the project limits, scope and resources and present alternatives to the design team for discussion with the City of Arlington. Potential modifications to Division Street and Broadway Street could include, but is not limited to: • Narrowing of lanes • Extended curbs to narrow lanes, remove roadway width that is not needed and shorten crossings • Realignment of crossings to improve safety, comfort and visibility for pedestrians • Closure of one direction of traffic on some well-connected block streets to provide for reduced crossing distances and improved traffic operations and intersection safety • Physical traffic calming including speed humps and raised crossings • New medians on Broadway Transpo will identify up to two (2) packages of alternatives for safety improvements on Division Street and Broadway Street for review and feedback by the design team and the City of Arlington. Alternatives will be presented along with pros and cons to consider in the selection of a preferred alternative, with or without further modifications. Transpo will make up one (1) round of modifications to the preferred alternative package of safety improvements based on City feedback. Design of modifications will be at a 10% conceptual level and will not include detailed engineering design until the final selection of preferred treatments by the City of Arlington. • Up front Transpo/LDC will present schematic ideas to foster a collaborative dialogue with the City. This can be accomplished at an over the shoulder review meeting. • Transpo is entitled to rely upon the completeness and accuracy of information and services furnished by LDC and the City. • Safety improvements will need to be limited in scope to remain within the City’s available funding for the roadway restoration project • The City and Community Transit are in favor of in-lane bus stops on Broadway if other safety treatments can be realized through the change from out-of-lane stops. • Level of effort includes time for one (1) meeting to discuss the alternatives and identify City preferences and requested modifications • Detailed engineering design will be performed by LDC under a separate Task. Transpo will provide, to LDC/City: • A memo documenting the alternatives and identification of a preferred package of safety improvements for Division Street and Broadway Street o The memo will include an appendix with sketches of the form and 10% design details of the preferred alternative treatments TASK 03 – SAFETY & ALTERNATIVES ANALYSIS Transpo will identify safety improvements within the project limits, scope, and resources and present alternatives to the design team for discussion with the City of Arlington. Potential modifications to Division Street and Broadway Street could include, but is not limited to: • Narrowing of lanes • Extend curbs to narrow lanes, remove roadway width that is not needed and shorten crossings • Realignment of crossings to improve safety, comfort, and visibility for pedestrians • Closure of one direction of traffic on some well-connected block streets to provide reduced crossing distances and improved traffic operations and intersection safety • Physical traffic calming including speed humps and raised crossings • New medians on Broadway Transpo will identify up to two (2) packages of alternatives for safety improvements on Division Street and Broadway Street for review and feedback by the design team and the City of Arlington. Alternatives will be presented along with pros and cons to consider in the selection of a preferred alternative, with or without further modifications. Transpo will make up one (1) round of modifications to the preferred alternative package of safety improvements based on City feedback. Design of modifications will be at a 10% conceptual level and will not include detailed engineering design until the final selection of preferred treatments by the City of Arlington. • Transpo is entitled to rely upon the completeness and accuracy of information and services furnished by LDC and the City. • Safety improvements will need to be limited in scope to remain within the City’s available funding for the roadway restoration project. • The City and Community Transit are in favor of in-lane bus stops on Broadway if other safety treatments can be realized through the change from out-of-lane stops. • Level of effort includes time for one (1) meeting to discuss the alternatives and identify City preferences and requested modifications. • Detailed engineering design will be performed by LDC under a separate Task. Transpo will provide, to LDC: • A memo documenting the alternatives and identification of a preferred package of safety improvements for Division Street and Broadway Street. o The memo will include an appendix with sketches of the form and 10% design details of the preferred alternatives treatments. TASK 04 – 30% DESIGN The intent of this Task is to develop 30% plans and opinion of costs. Contract Specifications will be produced at the 90% design phase. • Prepare 30% Design Plan set o Cover Plan Sheet (1 plan sheet) o City General Construction Notes (1 plan sheet) o Erosion Control and Site Preparation Plans (4 plan sheets) o Paving & Channelization Plans (4 plan sheets) o Roundabout Restoration Plan (2 Plan Sheets) o ADA Ramp Detail Grading (4 Plan Sheets) o Details (1 Plan Sheet- Typical Pavement Restoration Details) o Detour Route Plan (1 Plan Sheet) • Prepare 30% Opinion of Costs • Typical plan sheet layout will be 1” =40’ at half size. • 16 ADA Ramp replacements will be identified but not fully designed until 90% design phase. • A maximum of 18 – 11” x 17” (Electronic PDF) plans sheets will be delivered for 30% design package. • City review comments will be incorporated into the 90% design plan set. • RRFB and other pedestrian crossing treatment will be designed and shown on the paving plans. • Other related traffic calming improvements will be shown on the paving plans. • Roundabout truck cement concrete truck apron will be shown on the roundabout restoration plan along with modifications to splinter islands and pedestrian crossings. TASK 05 – 90% DESIGN The intent of this task is to develop 90% plans, specifications, and opinion of costs. • Prepare 90% plan set o Cover Plan Sheet (1 plan sheet) o City General Construction Notes (1 plan sheet) o Erosion Control and Site Preparation Plans (4 plan sheets) o Erosion Control and Site Preparation Details (1 plan sheet) o Paving and Channelization Plans (4 plan sheets) o Roundabout Restoration Plans (2 plan sheets) o ADA Ramp Detail Grading (4 plan sheets) o Details (2 plan sheets) o Planting Plan (2 plan sheets) o Detour Route Plan (1 plan sheet) o Traffic Control Plans (2 plan sheets) • Prepare 90% Specifications • Prepare 90% Opinion of Costs • Typical plan sheet layout will be 1” =40’ at half size. • Roundabout restoration plan will be 1” =20’ at half size. • A maximum of 24 – 11” x 17” (Electronic PDF) plan. • Sheets will be delivered for 90% design package. • Formal ROW plans will not be prepared. ROW lines provided by project surveyor will be added to the plan set. • City review comments will be incorporated into the IFB plan set. • Design a maximum of 16 ADA Ramps. • RRFB and other pedestrian crossing treatment will be designed and shown on the paving plans. • Other related traffic calming improvements will be shown on the paving plans. • Roundabout truck cement concrete truck apron will be shown on the roundabout restoration plan along with modifications to splinter islands and pedestrian crossings. TASK 06 – FINAL DESIGN (IFB) The intent of this task is to develop Final Design plans, specifications, and opinion of costs. • Prepare Final Design plan set o Cover Plan Sheet (1 plan sheet) o City General Construction Notes (1 plan sheet) o Erosion Control and Site Preparation Plans (4 plan sheets) o Erosion Control and Site Preparation Details (1 plan sheet) o Paving and Channelization Plans (4 plan sheets) o Roundabout Restoration Plans (2 plan sheets) o ADA Ramp Detail Grading (4 plan sheets) o Details (2 plan sheets) o Planting Plan (2 plan sheets) o Detour Route Plan (1 plan sheet) o Traffic Control Plans (2 plan sheets) • Prepare Final Design Specifications • Prepare Final Design Opinion of Costs • Typical plan sheet layout will be 1” =40’ at half size. • Roundabout restoration plan will be 1” =20’ at half size. • A maximum of 24 – 11” x 17” (Electronic PDF) plan. • Sheets will be delivered for 90% design package. • Formal ROW plans will not be prepared. ROW lines provided by project surveyor will be added to the plan set. • City review comments will be incorporated into the IFB plan set. • Design a maximum of 16 ADA Ramps. • RRFB and other pedestrian crossing treatment will be designed and shown on the paving plans. • Other related traffic calming improvements will be shown on the paving plans. • Roundabout truck cement concrete truck apron will be shown on the roundabout restoration plan along with modifications to splinter islands and pedestrian crossings. TASK 07 – ILLUMINATION ANALYSIS Transpo will perform a rudimentary illumination analysis for pedestrian crossing locations along approximately four city blocks. The anticipated to be completed using Agi32 software based on the provided topographic survey and existing pole locations. The purpose of the illumination analysis is to identify key areas for safety improvements by the City in general terms. The study is limited to pedestrian crosswalks since that is where the most interface is anticipated among all modes of transportation. • Transpo is entitled to rely upon the completeness and accuracy of information and services furnished by LDC and the City. • The illumination analysis will need to be limited in scope to remain withing the City’s available funding for the roadway restoration project. • No meetings are assumed as part of this task. • No detailed design or construction plans are included in this task. • One (1) submittal is included in the anticipated fee. Transpo will provide, to LDC: • A brief memo documenting the existing illumination at each of the crosswalk locations and general guidance on potential improvements. TASK 08 – RRFB DESIGN LDC will design up to two RRFB crossings • RRFB’s to be solar powered. • Design will be part of the 90% and IFB plan set. TASK 09 – PUBLIC OUTREACH Public outreach will be minimal • Attend up to one public meeting • Prepare up to 10 city council power point presentation slides • One on one stakeholder meetings are excluded TASK 10 – NEPA DOCUMENTATION & LOCAL PERMITTING Permit requirements for this project are limited. The following work elements will be prepared. • Preparation of NEPA documentation • EO21-02 EZ/Project Review Form (as needed) • WSDOT permitting if any will be produced by the city. • Local permitting will not be required and is not included in this scope. • A maximum effort of 20 hours will be exhausted to produce project NEPA documentation. SERVICES EXCLUDED: • Survey • ROW Plans & ROW Acquisition • Illumination Design • Construction Management & Inspection Services • Construction Engineering Support • Material Testing • Stormwater Quality & Detention Design • Traffic Analysis • ADA Ramp Measurements • Formal Landscape Architecture • Arborist Services • Advertisement Reproduction Costs • One-on-one Stakeholder Meetings All filling, checking, and inspection fees required by the agencies, utilities, etc. are not part of this agreement and are paid by the owner. This proposal is based upon the written design standards, ordinances of the jurisdiction that governs the site and our understanding of the WSDOT LAG manual that are in effect at the date of this letter. We are available immediately to commence the proposed scope of services upon receipt of a signed copy of this contract. Please feel free to contact the undersigned with any questions or comments. Sincerely, LDC, Inc. Darrell Smith, PE Director of Civil Engineering Client Name: City of Arlington Date: 12-29-2022 Task Code Principal / Director Hours Project Manager/Sr. Planner Hours E.I.T. Hours E.I.T. Hours Planner Hours Planner Hours Senior Designer Hours Senior CAD Tech Hours Director of Land Surveying Hours Vice President Project Administrator Darrell Smith Tom Abbott Ryan Ferguson Nate Martin Ian Faulds Joel Farias Brian Nelson Jeff Grossman Vince Townsend Mark Villwock Riley Mckee $102.80 $56.80 $35.60 $34.64 $45.20 $27.52 $43.32 $40.00 $67.68 $96.16 $25.36 LDC Consulting Cost: Subconsultant(s): Misc Reimbursable Expenses: TOTAL ESTIMATED COST 69,779.54$ Task 1.0 Project Management 4.0 30% Design Over Head (142.99%) Name Costs 5.0 90% Design 6.0 Final Design (IFB) 2.0 Pavement Analysis 3.0 Safety & Alternatives Analysis 8.0 RRFB Design 9.0 Public Outreach Fee (30%)Total $26,341.50 $5,526.58 $50,290.00$18,421.92 EXHIBIT B: Proposed Budget / Fee City of Arlington Council Agenda Bill Item: WS #4 Attachment E Wellfield, installation of associated infrastructure to bring new wells online, abandoning an existing well, and demolition of an existing wellhohydrogeological study, as well as changes to the wellhouse design. Consultant is seeking additional funds to cover the out of scope work. Initial Contract Amount $ 149,700.00 BrownAND • Caldwell 701 Pike Street, Suite 1300 Seattle, WA 98101-2310 T: 206.624.0100 Scope of Work Haller Wellfield Improvement Project Amendment 01 City of Arlington December 6, 2022 Amendment Overview Amendment 01 adds the following phases to the existing contract: •Phase 800: Upgrade Existing Pumps •Phase 801: Wellhouse Structures Revisit •Phase 802: Individual Wellhouse Structures Preliminary Design •Phase 803: Additional Project Management Phase 800: Upgrade Existing Pumps During preliminary wellfield design under the existing contract, the City asked BC to estimate performance of the existing wellfield pumps assuming those pumps were driven by variable frequency drives (VFDs). This directive was for out of scope work. This effort had been estimated at $5-10k on 8/15/22. Activities: •Coordination with vendors of existing pumps and motors •Hydraulic modeling for various wellfield operation scenarios •Electrical room layout considering additional VFDs •Coordination with existing MCC vendor to investigate VFDs and MCC capacity •Revising Project Engineering Report with new direction to upgrade existing pumps with VFDs Assumptions: •Existing pumps can be operated with VFDs without replacement of existing motors •VFD specifications will be provided as part of the detailed design Deliverables: No deliverables specific to this phase. This work supplements deliverables under Phase 300. Effort was incorporated into Project Engineering Report. I Brown ANO Caldwell I Arlington Haller Amendment 01 v3 1 EXHIBIT A EXHIBIT A EXHIBIT A | 4 Arlington Haller Amendment 01 v3 Schedule EXHIBIT A EXHIBIT A City of Arlington Council Agenda Bill Item: WS #5 Attachment F progressed, additional work/updates to the base map and design were needed due to changes made by Gayteway in their frontage improvement plans. Additional work is also needed in order to have final design updates incorporated into ready to bid documents for advertisement in 2024 (LAG updates, design standards, etc.). This work is being deferred to when we are closer to advertising the project in order to capture all current WSDOT requirements. Initial Contract Amount $ 39,404.19 Supplement #1 $ 64,878.00 1 74TH AVENUE TRAIL (P02.417), STPUS-2695(001) SUPPLEMENT #2 The Toole Design team (CONSULTANT) will perform the following amended scope of work as part of the City of Arlington’s (CITY) 74th Ave Trail project (PROJECT). Purpose of the Amendment Various elements of the PROJECT have been modified or have transpired in a manner that was not anticipated by the original project scope of work. This amendment identifies these elements and the level of effort needed to complete the issue for bid contract plans. Task 1: Project Management Additional work resulting from changes in the project schedule The PROJECT schedule has been extended by approximately 18 months, with a revised advertisement date assumed to be in late 2023. This change in schedule results in additional project management work, including: • Additional coordination phone calls with CITY Project Manager • Additional progress reports and invoices • Additional management of CONSULTANT team Task 5: 90% and 100%/Bid Set Submittals Additional work resulting from changes to the PROJECT basemap The PROJECT basemap, supplied by the CITY, needed to be revised throughout the design process to meet the project submittal dates, the CONSULTANT team advanced the design to a point where these basemap revisions required additional work. The additional work includes: • Basemap survey updates to provide information on the frontage improvements at the Gayteway Development required revising the trail grading more than anticipated. The site was not developed as shown on the approved plan. The slope was steeper and the pedestrian walkway was shifted south causing trail rework to match in to the new pedestrian crossing location. • Basemap updates to provide parcel lines required revising the right-of-way plans more than anticipated. Additional work related to design details The CONSULTANT team understands that the CITY may desire additional changes to fencing and paving details in the vicinity of the wayside plaza area (at Prairie Creek); changes to these details will require additional work to resolve due to the late stage of design. Additionally, the trail and buffer section adjacent to the Gayteway Development may be modified to avoid private property impacts. Additional work related to the bid set submittal WSDOT comments on the project manual were received with the 100% Submittal comments; however, with the change in schedule, the CITY PM requested that addressing these comments be deferred until a time closer to the new advertisement date as the WSDOT Standard Specifications and General Special Provisions (GSPs) are likely to change. We agree with this approach, but it will result in additional work and likely coordination with WSDOT Local Programs to ensure the project manual is in line with the current Standard Specifications, GSPs, and federal funding requirements at the time of advertisement. 74th Ave Trail - Amendment City of Arlington Toole Design Group Project No. 70167 Hourly Subtotals Fee Subtotals November 8, 2022 Toole Design NV5 Hours and Budget Estimate 16,859.64$ 1,824.32$ 18,683.96$ Labor Hours Total 86 14 100 Work Element Description Task 1 - PM and Coordination Task 1 Totals 18 0 18 3,863.54$ Task 5 - 90% and 100%/Bid Set Submittals 5.2: 100%/Bid Submittal Task 5 Totals 68 14 82 14,820.42$ Task 1-6 Subtotal (Hours)86 14 100 Task 1-6 Subtotal (Fee)16,859.64$ 1,824.32$ 18,683.96$ Direct Expenses Travel and Per Diem -$ -$ Reproduction Expenses -$ -$ Other -$ -$ Total -$ -$ -$ Total 18,683.96$