HomeMy WebLinkAbout06-22-20 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.
To join meeting, click here
Meeting ID: 835 1597 5966
Password: 336100
CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
Mayor Barb Tolbert – Ashleigh
ROLL CALL
APPROVAL OF THE AGENDA
Mayor Pro Tem Jesica Stickles
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Development Agreement for SMARTCAP 188th Development QOZB, LLC.ATTACHMENT A
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
2. Development Agreement for Corner 9 Properties, LLC ATTACHMENT B
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
3. Bid Award to Holt Services, Inc. for New Water Source Test Wells ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
4.Geotechnical Services Contract with Pacific Groundwater Group ATTACHMENT D
for Test Well Drilling
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
5.ATTACHMENT E Construction Management Contract with KBA, Inc. for
204th St NE / 77 th Ave NE Roundabout Project
Staff Presentation: Jim Kelly
Council Liaison: Jan Schuette
Arlington City Council Workshop
Monday, June 22, 2020 at 7:00 pm
City Council Chambers – 110 E Third 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.
6. Resolution to Extend Emergency Waiver of Utility Bill Late Fees ATTACHMENT F
and Suspension of Water Shutoffs until Governor’s Phase 4 Reopening
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jesica Stickles
7. Memorandum of Understanding with IAFF for Captain/Paramedic ATTACHMENT G
Pay Assignment
Staff Presentation: James Trefry
Council Liaison: Marilyn Oertle
8. May Financial Report ATTACHMENT H
Staff Presentation: Kristin Garcia
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
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert
City of Arlington Council Agenda Bill Item: WS #1 Attachment A
of 63rd Ave. NE between the subject property and the 63rd Ave. improvements that were constructed by the Dantrawl project on 180th St., along with frontage improvements on 188th St. NE. This will provide for a complete connection, (¾ street improvements) between the project site and 180th St. Ultimately, 63rd Ave. th
project, as well as dedication of Rights of Way for both the 63rd alignment and the 188th St. frontage improvements. SMARTCAP offered to construct 63rd Ave. from their project site to 180th St. so that a viable roadway connection was created to serve properties in the area, including the second SWIRE Coca-Cola parcel that affronts the 63rd Ave. alignment. The City realizes the benefits from the 63rd Ave. construction for both the developing businesses and the general public, along with the burden of both dedication of property and the construction of the roadway placed upon the development. The City acknowledges this and has agreed to allow credit of traffic impact fees, in lieu of payment, to be applied to the construction of 63rd Ave, and the 188th St. improvements. This Development Agreement memorializes these items. This agreement addresses lots 1-3 of the SMARTCAP 188th St. Development QOZB, LLC. Per AMC 20.39.040, a public hearing is required to be held prior to a decision by City Council on Development Agreements. A
City of Arlington Council Agenda Bill Item: WS #1 Attachment A
Development Agreement 1
AFTER RECORDING, RETURN TO:
CITY OF ARLINGTON
18204 59TH AVENUE NE
ARLINGTON, WA 98223
DEVELOPMENT AGREEMENT DEVELOPER(S): SMARTCAP 188th St. Development QOZB, LLC
GRANTEE(S): City of Arlington, Washington
LEGAL (Abbrev.):
ASSESSOR'S TAX#: 31052200102700, 31052200102500, 31052200103000,
1052200101000, 310522001032000
REFERENCE #: SMARTCAP 188th St. Roadway Extension of 63rd Avenue
The parties to this agreement are the City of Arlington, a Washington municipal corporation
("City"), and SMARTCAP 188th St. Development QOZB, LLC, a Washington limited liability
company (“Developer"). All references herein to Developer shall be deemed to include any
successors and/or assigns of SMARTCAP 188th St. Development QOZB, LLC. The parties
do enter into the following agreement to promote the development of certain real property
located within the City, upon the following terms and conditions ("Agreement").
1.0 RECITALS
1.1 Location of Property. Developer warrants that it controls certain real property located
at 6108 188th Street NE., ARLINGTON, WA 98223, being more particularly described in
Exhibit A (hereafter “The Property”).
1.2 Zoning. The Developer is the owner of a tract of land, zoned General Industrial (GI),
located in the City of Arlington, Washington, containing approximately 12.18 acres.
1.3 Permanent Use. The Developer wishes to develop the Property to construct a roadway
extension of 63rd Avenue from the Dantrawl site north through the SWIRE site onto the
Developer’s site.
1.4 Binding Site Plan. As part of the proposed development, the Developer has filed a
Binding Site Plan Application, filed under City File No. PLN-587 (“the Project”). Through
Development Agreement 2
this application, the Developer seeks approval of a Binding Site Plan that will fix and
establish the development of the Property in a form that is consistent with the requirements of
the City. The Binding Site Plan proposes a division of the 12.18 acres into three (3) parcels
(Parcels A-C) with Lot A (comprised of 2.96 acres) being developed for industrial
development, Parcel B (comprised of 3.01 acres) being developed for industrial development
and Parcel C (comprised of 6.21 acres) being developed for industrial development.
1.5 Use of Traffic Impact Fees. As a condition of the Binding Site Plan, the City and the
Developer have agreed that 63rd Avenue, an north-south connector street between 180th
Street NE and the future connection with 188th Street NE, will be constructed as a public
roadway by the Developer. The developer is only obligated to construct the 63rd Avenue
roadway as detailed in attached construction drawings from the north property line of the
Dantrawl site to the northern terminus of the SMARTCAP project. The developer is not
obligated to construct street lighting, sidewalks or community trail along 63rd Avenue
roadway. The City has agreed to allow Developer to construct 63rd Avenue in lieu of paying
a cash monetary amount for traffic impact fees associated with the development of Parcels A-
C. The Developer may also utilize Traffic Impact fees for the frontage improvements along
188th Street NE and future 63rd Avenue that abut Parcels A and C. The total amount allowed
for the roadway construction (the “Allowed Construction Amount”) is identified within this
agreement, and any amount of fees identified in a traffic impact analysis exceeding the
Allowed Construction Amount will be paid in cash to the City.
1.6 Dedication. The dedication of Developer’s real property for Public Right of Way
purposes, (to
construct 63rd Avenue frontage) must occur on or before issuance of a certificate of occupancy
for any project proposed in the Development. The Developer shall provide performance
security in a form acceptable to the City per AMC 20.12 Part IX.-Security Mechanisms, until
such time as the infrastructure is accepted by the City of Arlington.
1.7 Benefits. The City recognizes the public benefits which will occur from the permanent
development of the property as proposed by the Developer, including the installation of 63rd
Avenue and 188th Street NE frontage improvements. Likewise, Developer recognizes the
benefit of this agreement allowing the use of traffic impact fees to construct 63rd Avenue, and
the 188th Street NE frontage improvements in lieu of paying said fees in cash.
1.8 Consistency with Development Regulations. The City and the Developer wish to ensure
that the Property will be developed in accordance, specifically, with the provisions of the
City’s Development Regulations, and the Binding Site Plan, in compliance with all applicable
City codes, plans, and development regulations, and in a manner acceptable to the City. These
include, but are not limited to, the current edition of the Arlington Comprehensive Plan
(January 2018) and the Arlington Municipal Code (AMC) specifically including, but not
limited to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and
Construction (Title 16), Zoning (Title 20) and the most current edition of the City of Arlington
Construction Standards and Specifications.
Development Agreement 3
1.9 The City and Developer agree that each has entered into this Development Agreement
knowingly and voluntarily and agree to be bound by the terms and conditions of this
Development Agreement.
1.10 The City and the Developer agree that the foregoing terms and recitals are material to
this Development Agreement, and that each party has relied on the material nature of such
terms and recitals in entering this Development Agreement.
1.11 The City Council has authorized the Mayor or City Administrator to enter into this
Agreement following a public hearing held in accordance with RCW 36.70B.200.
2.0 ADOPTION OF BINDING SITE PLAN/REQUIREMENTS OF CITY CODE
2.1 The parties agree as follows regarding the conditions of approval required by AMC
20.39.060:
a. A site plan for the entire project, showing locations of sensitive areas and buffers,
required open spaces, perimeter buffers, location and range of densities for
residential development, and location and size of nonresidential development:
The parties agree to, and incorporate by reference herein, the provisions of the
Binding Site Plan (BSP) and all conditions thereof.
b. The expected build-out time period for the entire project and the various phases:
The term of this agreement shall be for a period of five (5) years from the date hereof.
The parties may extend this agreement by written agreement, provided the same is
approved by the City Council.
c. Project phasing and other project-specific conditions to mitigate impacts on the
environment, on public facilities and services including transportation, utilities,
drainage, police and fire protection, schools, and parks: the Development shall be
phased by having each separate lot or parcel make application for permits to develop.
The City shall follow all requirements of the State Environmental Policy Act (SEPA)
and all applicable city and state regulations, including the then-applicable city
mitigation requirements; provided, however, the provisions of this agreement relating
to the Construction of 63rd Avenue improvements and associated Transportation
Impact Fees (section 3 of this Agreement) shall be binding and conclusive on all
parties hereto.
d. A yearly evaluation of the project status and phasing shall be provided by the
applicant and reviewed with city staff: The Developer shall provide a written
summary of development status for each Parcel to the city not less than annually
during the term of this agreement.
e. All agreements shall be reviewed during each ten-year update of the
comprehensive plan to ensure every project maintains consistency with the city's
goals and policies: The parties agree that the City shall take the provisions of this
Development Agreement 4
agreement into consideration when developing any update to its comprehensive plans.
f. Road and storm water design standards that shall apply to the various phases of
the project: The road and storm water design standards that shall apply to the various
phases of the project shall be those provisions of the City codes, plans, and
development regulations, including, but are not limited to, the current edition of the
Arlington Comprehensive Plan (January 2018); the City’s Development Regulations
in effect as of the date of this ordinance; and all other provisions of the Arlington
Municipal Code (AMC) as of the date of the submission of a complete building permit
application specifically including, but not limited to, Water and Sewers (Title13), Fire
Regulations (Title 15), Buildings and Construction (Title 16), Zoning (Title 20); and
the most current edition of the City of Arlington Construction Standards and
Specifications effective as of the date of the submission of a complete building permit
application.
g. Bulk design and dimensional standards that shall be implemented throughout
subsequent development within the project: The parties agree that all development
shall strictly conform to the City’s Development Regulations in effect as of the date of
this ordinance. The developer agrees that all development throughout the Binding Site
Plan shall also share a commonality between the building forms and architectural
features, so that the entire development shall appear to be well planned, designed and
constructed, despite any lapse of time in the full development of the Project. The
parties agree that the intent of this paragraph is satisfied if a proposed project
complies with Design Review Board approval.
h. Any sewer and/or water comprehensive utility plans or amendments required to
be completed before development can occur: Not applicable.
i. Provisions for the applicant's surrender of an approved development agreement
before commencement of construction or cessation of development based upon
causes beyond the applicant's control or other circumstances, with the property
to develop thereafter under the base zoning in effect prior to the development
agreement approval. Should the applicant fail to construct the project in accordance
with the terms and conditions of the Binding Site Plan within the term of this
agreement (5 years from the date hereof) or any extension of this Agreement, this
Agreement shall expire and be of no further force or effect, and any future
development shall comply with all City development regulations then in effect.
j. Vested rights. Complete applications for land use entitlements necessary to effect the
purposes of the BSP described in ¶ 2.1a above, submitted during the effective term of
this Development Agreement, shall vest to the zoning and other land use controls in
effect on the date of this ordinance, which govern development under this
Development Agreement. For purposes of this agreement the parties acknowledge the
interpretation of “land use controls” in Snohomish Cty. v. Pollution Control Hearings
Bd., 187 Wash. 2d 346, 386 P.3d 1064, 1075 (2016), as amended (May 2, 2017). Such
vested rights shall survive the termination or expiration of this Development
Agreement and shall themselves terminate only upon the City’s final decision to grant,
grant with conditions, or deny the applications for said entitlements.
Development Agreement 5
3.0 CONSTRUCTION OF 63rd AVENUE NORTHEAST.
3.1 Required Road Improvements. The City and developer agree that the Developer will
construct, on Developer’s private property and at Developer’s sole expense, a street as
illustrated in Exhibit A. The street shall be constructed per the approved engineered drawings
for the SMARTCAP 188th St. Development (permit #1936 ). The elements of 63rd Avenue,
shall consist of, but not be limited to, curb/gutter, sidewalk, asphalt concrete paving and sub
grade features, traffic signalization, storm drainage, street lighting, planted medians,
pavement markings, signage, street trees and landscaping, all constructed in full compliance
with city codes and the City of Arlington Construction Standards and Specifications in effect
at the time of construction. The Developer recognizes that construction and dedication of the
roadway shall be required to be completed on or before issuance of a certificate of occupancy
for any project proposed in the Development.
3.2 Use of Traffic Impact Fees for Street Construction. The City and Developer hereby
agree that the Development will require the payment of Transportation Impact Fees pursuant to
AMC Chapter 20.90. The City agrees that in lieu of payment of the full amount of
Transportation Impact Fees, the Developer should receive a credit for the cost of construction for
the installation of a public street improvements (63rd Avenue), and the required frontage
improvements along 188th Street, abutting Parcels A and C. The agreed upon amount which
would otherwise be due and payable for Transportation Impact Fees is $312,000.00, which both
parties agree are reasonable.
3.3 Credit for Cost of Construction for 63rd Avenue. Based upon the Project Cost Proposal
submitted by Coast Construction Group dated _06/09/2020____, the City agrees that the
estimated cost for the construction of 63rd Avenue is $389,678.07, which amount includes both
6%, overhead, insurance and fees. The City agrees that upon being provided verified proof of
the cost of construction in a form acceptable to the City, the City shall then credit up to
$312,000.00 towards the amounts which would otherwise be due and payable for Transportation
Impact Fees as set forth in paragraph 2.2, above.
3.5 Compliance with State Law. The implementation of the provisions in this Agreement for
Required Road Improvements will be done in a manner that is consistent with applicable
Washington law, including the City of Arlington impact fee ordinances.
4.0 CERTAINTY OF DEVELOPMENT AGREEMENT
4.1 Development Agreement Deemed Controlling. This Agreement, once recorded, and
Development Agreement 6
any terms, conditions, maps, notes, references, or regulations which are a part of the Agreement
shall be considered enforceable elements of the Arlington Municipal Code. In the case of an
explicit conflict with any other provisions of the Arlington Municipal Code, this Agreement
shall take precedence. Unless otherwise provided by this Agreement, the City’s ordinances,
resolutions, rules and regulations, and official policies governing permitted land uses, density,
design, improvement, and construction standards shall be those City ordinances, resolutions,
rules and regulations, and official policies in force at the time of the execution of this
Agreement.
4.2 Subsequent Actions. This Agreement shall not prevent the City, in subsequent
actions applicable to the property and not governed by this agreement, from applying new
rules, regulations, and policies which do
not conflict with those rules, regulations, and policies applicable to the subject property, nor
shall this Agreement prevent the City from denying or conditionally approving any subsequent
development project application on the basis of such new rules, regulations, and policies.
4.3 Changes in the Law. In the event that state or federal laws or regulations, enacted
after this Agreement has been entered into, prevent or preclude compliance with one (1) or
more of the provisions of the Agreement, such provisions of the Agreement shall be modified
or suspended as may be necessary to comply with such state or federal laws or regulations
following modification procedures in Section 5.5 for an amendment or cancellation.
4.4 Emergency Situations. The City may suspend the issuance of building permits for
the planned Project, if it finds that continued construction would place surrounding residents or
the immediate community, or both, in a condition dangerous to their health or safety, or both.
The City further reserves the authority to impose new or different regulations to the extent
required by a serious threat to public health and safety.
5.0 DISPUTE RESOLUTION
5.1 Party Consultation. In event of any dispute as to interpretation or application of the
terms or conditions of this Agreement, the Developer, the principal of the project applicant,
and the City Administrator shall meet within ten (10) business days after request from any
party for the purpose of attempting, in good faith, to resolve the dispute. The meeting may, by
mutual agreement, be continued to a date certain in order to include other parties or persons,
or to obtain additional information. The parties agree that any meetings so held shall be
privileged as specified in RCW 7.07.030, regardless of whether a mediator is involved in the
discussions.
5.2 Decision of City Administrator. In the event the parties are unable to reach agreement as
to any dispute, the City Administrator shall issue his or her written determination concerning the
disputed issues, which shall be the final decision of the City.
Development Agreement 7
5.3 Dispute Resolution In the event a dispute arises out of or relates to this Agreement, or
the breach thereof, and if said dispute cannot be settled through negotiation, Parties agree first to
try in good faith to settle the dispute by mediation, before resorting to arbitration, litigation, or
some other dispute resolution procedure. The cost thereof shall be borne equally by each party.
6.0 GENERAL PROVISIONS
6.1 Recording. This Agreement shall, within ten (10) days of being approved by the City
Council and executed by the parties hereto, be filed as a matter of public record in the office
of the Snohomish County Auditor and shall be in the nature of a covenant running with the
property. It is the intent to have this Agreement, so long as it is in force, to be considered,
interpreted, and regarded as a covenant running with the land as to Developer's Property.
6.2 Applicable Law. This Agreement shall be governed by and be interpreted in accordance
with the laws of the State of Washington. Venue for any legal action brought hereunder shall
be in the Snohomish County Superior Court.
6.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of each party hereto. The parties acknowledge that Developer shall
have the right to assign or transfer all or any portion of the interests, rights and obligations
under this Agreement to other parties acquiring an interest or estate in the property. Consent
by the City shall not be required for any transfer or rights pursuant to this Agreement.
6.4 Severability. If any provision of this Agreement is determined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to implement intent
of the parties to the maximum extent allowable under law.
6.5 Modification. This agreement may be amended, modified or terminated in conformity
with the requirements of RCW 36.70B.170-200, and other applicable laws, rules or
regulations, and upon mutual consent of the parties, which mutual consent of the parties shall
be evidenced by a written agreement therefore, signed by the parties hereto. It is provided,
however, that nothing in this Section shall limit or otherwise affect the City’s ability to
terminate unilaterally or modify this Agreement as a result of periodic review, in conformity
with the requirements of RCW 36.70B.170-200, and other applicable laws, rules or
regulations.
6.6 Merger. This Agreement represents the entire agreement of the parties with respect to
the subject matter hereof. There are no other agreements, oral or written, except as expressly
set forth herein.
6.7 Duty of Good Faith. Each party hereto shall cooperate with the other in good faith to
achieve the objectives of this Agreement. The parties shall not unreasonably withhold
requests for information, approvals or consents provided for, or implicit, in this Agreement.
The parties shall execute any additional documentation reasonably required to carry out the
Development Agreement 8
intent and obligations under this Agreement.
6.8 Disclosure upon Transfer. Developer agrees that in the event of a proposed sale, gift,
transfer, segregation, assignment or devise of the Property, Developer shall disclose the
existence of this Agreement to the interested party.
6.9 No Presumption against Drafter. This Agreement has been reviewed and revised by legal
counsel for all parties and no presumption or rule that ambiguity shall be construed against the
party drafting the document shall apply to the interpretation or enforcement of this agreement.
6.10 Notices. All communications, notices and demands of any kind which a party under
this Agreement is required or desires to give to any other party and be either (1) delivered
personally, (2) sent by email transmission with an additional copy mailed first class, or (3)
deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and
addressed as follows:
If to the City: City of Arlington
18204 59th Avenue NE
Arlington, WA 98223
If to the Developer:
SMARTCAP 188th St. Development QOZB, LLC
8201 164th Ave. NE, suite 110
Redmond, WA 98052
If to the Property Owner: Same
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail, notice shall be deemed received 48 hours after deposit. Any party at any time by
notice to the other party may designate a different address or person to which such
notice shall be given.
6.11 Term. This Agreement shall automatically expire and the obligations of the
parties cease seven (7) years after the date of its execution, without the need for further
act or documentation.
6.12 Merger. This Agreement constitutes the entire understanding and agreement of the
parties. None of the provisions of this Agreement shall be merged by the Statutory
Warranty Deeds or dedication of the Property.
Development Agreement 9
IN WITNESS WHEREOF, the undersigned have set their hands the day and date set
out next to their signatures.
LLC
Approved as to Form:
Chapter 20.39 - DEVELOPMENT AGREEMENTS
20.39.005 - Development agreements—Authorized.
The city may enter into a development agreement with a person having ownership or control of real
property within its jurisdiction. The city may enter into a development agreement for real property outside
its boundaries as part of a proposed annexation. A development agreement must set forth the
development standards and other provisions that shall apply to and govern and vest the development,
use, and mitigation of the development of the real property for the duration specified in the agreement.
(Ord. No. 1452, 9-26-2008)
20.39.010 - Development standards defined.
For purposes of this chapter, the term "development standards" means and includes, but is not
limited to:
(1) Project elements such as permitted uses, residential densities, and nonresidential densities
and intensities or building sizes;
(2) The amount and payment of impact fees imposed or agreed to in accordance with any
applicable provisions of state law, any reimbursement provisions, other financial contributions
by the property owner, application fees, administrative charges, inspection fees, drafting fees, or
dedications;
(3) Mitigation measures, development conditions, and other requirements under AMC Chapter
20.98;
(4) Design standards such as maximum heights, setbacks, lot coverage, drainage and water
quality requirements, landscaping, and design guidelines;
(5) Affordable housing;
(6) Parks and open space preservation;
(7) Phasing;
(8) Review procedures and standards for implementing decisions;
(9) A build-out or vesting period for applicable standards; and
(10) Any other development requirement or procedure deemed appropriate by the city council.
(Ord. No. 1452, 9-26-2008)
20.39.020 - Development standards—Flexibility.
A development agreement shall be consistent with applicable development regulations to the fullest
extent possible; provided, a development agreement may allow development standards different from
those otherwise imposed under the Arlington Municipal Code in order to provide flexibility to achieve
public benefits, respond to changing community needs, or encourage modifications which provide the
functional equivalent or adequately achieve the purposes of otherwise applicable city standards. Any
approved development standards that differ from those in the code shall not require any further zoning
reclassification, variance from city standards or other city approval apart from development agreement
approval, except that no deviation from airport protection district regulations or critical areas regulations
shall be permitted. The development standards as approved through a development agreement shall
apply to and govern the development and implementation of each covered site in lieu of any conflicting or
different standards or requirements elsewhere in the Arlington Municipal Code. Subsequently adopted
standards which differ from those of a development agreement adopted by the city as provided in this
chapter shall apply to the covered development project only where necessary to address imminent public
health and safety hazards or where the development agreement specifies a time period or phase after
which certain identified standards can be modified. Determination of the appropriate standards for future
phases which are not fully defined during the initial approval process may be postponed. Building permit
applications shall be subject to the building codes in effect when the permit is applied for.
(Ord. No. 1452, 9-26-2008)
20.39.030 - Exercise of city police power and contract authority.
As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise
of the city's police power and contract authority. Accordingly, a development agreement may obligate a
party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve
authority to impose new or different regulations to the extent required by a serious threat to public health
and safety.
(Ord. No. 1452, 9-26-2008)
20.39.040 - Form—Public hearing required.
Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All
development agreements shall be in form and content as approved by the city attorney and shall be
subject to review and approval by the city council after a duly noticed public hearing pursuant to AMC
20.24.020 Public Notice Requirements.
(Ord. No. 1452, 9-26-2008)
20.39.050 - Referral to hearing examiner.
By motion of the city council, development agreements proposing standards that differ from those
otherwise applicable under AMC Title 20, Zoning, may first be referred to the hearing examiner for his or
her recommendation and report, and the hearing examiner shall promptly report to the council thereon,
making such recommendations and giving such counsel as he or she may deem proper.
(Ord. No. 1452, 9-26-2008)
20.39.060 - Conditions of approval.
In approving a development agreement, conditions of approval should at a minimum establish the
following, or reference approved plans, conditions, or existing codes addressing such items:
(1) A site plan for the entire project, showing locations of sensitive areas and buffers, required
open spaces, perimeter buffers, location and range of densities for residential development, and
location and size of nonresidential development;
(2) The expected build-out time period for the entire project and the various phases;
(3) Project phasing and other project-specific conditions to mitigate impacts on the environment,
on public facilities and services including transportation, utilities, drainage, police and fire
protection, schools, and parks;
(4) A yearly evaluation of the project status and phasing shall be provided by the applicant and
reviewed with city staff;
(5) All agreements shall be reviewed during each ten-year update of the comprehensive plan to
ensure every project maintains consistency with the city's goals and policies. Road and storm
water design standards that shall apply to the various phases of the project;
(6) Bulk design and dimensional standards that shall be implemented throughout subsequent
development within the project;
(7) The size and range of uses authorized for any nonresidential development within the project;
(8) The minimum and maximum number of residential units for the project;
(9) Any sewer and/or water comprehensive utility plans or amendments required to be completed
before development can occur; and
(10) Provisions for the applicant's surrender of an approved development agreement before
commencement of construction or cessation of development based upon causes beyond the
applicant's control or other circumstances, with the property to develop thereafter under the
base zoning in effect prior to the development agreement approval.
(Ord. No. 1452, 9-26-2008)
20.39.070 - Discretionary, legislative act.
The decision of the city council to approve or reject a request for a development agreement shall be
a discretionary, legislative act and an exercise of the city's police power and contract authority.
(Ord. No. 1452, 9-26-2008)
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 arecompiled from a variety of sources which may contain errors and users who rely upon the information doso at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps.
63rd Ave C onstruction perSmartcap Developer Agreement
±
City of Arlington
Date:
File:
Cartographer:
Scale:SmartcapAgrmnt_8.5x11_20
6/16/2020 kdh
1 inch = 4 25 fe et
Legend
Buildings
63rd Ave NE (new road)
Smartcap Parcels
188th St NE Frontage Improvements
Prop osed 63rd AveRoadway Imp rovementsPer Deve loper Ag reement
Sw ire Coke Cola Pa rce ls
Existing Da ntra wlRoadway Imp rovement
SmartcapParcels
58TH AVE NE
59TH DR NE
63RD AVE NE
66TH AVE NE
188TH PL NE
180TH ST NE
59TH DR NE 67TH AVE NE
59TH AVE NE
63RD AVE NE
188TH ST NE
±Aerial flown in 2017
City of Arlington Council Agenda Bill Item: WS #2 Attachment B
transportation improvements associated with the extension of Gilman Ave., the public parking lot and the
parking lot and asphalt access road to the Country Charm Park be constructed in conjunction with the Gilman Walk at Country Charm project, as well as dedication of Right of Way for the Gilman Ave. extension. Currently there exists no legal, vehicular access, to the Country Charm Park, nor is there a parking facility to accommodate park users. Corner 9 Properties LLC. has agreed to construct both the access road and the parking facility, so that a safe, functional connection is created to serve the general public wishing to use the park property. The City realizes the benefits from both the transportation improvements and the additional park property, allowing for a viable community park for generations to come, and has agreed to allow credit of traffic impact fees, and community park impact fees in lieu of payment, to be applied to the transportation improvements and the additional park property dedication. This Development Agreement memorializes these items. This agreement addresses the Gilman Walk at Country Charm project in its entirety. Per AMC 20.39.040, a public hearing is required to be held prior to a decision by City Council on Development Agreements. A public hearing is scheduled to
City of Arlington Council Agenda Bill Item: WS #2 Attachment B
Development Agreement 1
AFTER RECORDING, RETURN TO:
CITY OF ARLINGTON
18204 59TH AVENUE NE
ARLINGTON, WA 98223
DEVELOPMENT AGREEMENT DEVELOPER(S): Corner 9 Properties LLC.
PROPERTY OWNERS Henry Graafstra and Betty Graafstra as to Parcel A
Graafstra Enterprises LLC, as to Parcel B
GRANTEE(S): City of Arlington, Washington
LEGAL (Abbrev.): NW ¼, SW ¼ S 1, T 31 N, R 05 E W.M.
ASSESSOR'S TAX#: 31050100302200, 31050100300200
REFERENCE #: Gilman Walk at Country Charm -PLN#648
The parties to this agreement are the City of Arlington, a Washington municipal corporation
("City"), and Corner 9 Properties, LLC, a Washington limited liability company
(“Developer"). All references herein to Developer shall be deemed to include any successors
and/or assigns of Corner 9 Properties, LLC. The parties do enter into the following agreement
to promote the development of certain real property located within the City, upon the
following terms and conditions ("Agreement").
1.0 RECITALS
1.1 Location of Property. Developer warrants that it controls certain real property located
at 605 N. Alcazar Ave. and 604 East Gilman Ave., ARLINGTON, WA 98223, being more
particularly described in Exhibit A (hereafter “the Property”).
1.2 Zoning. The Property is zoned Residential High Density (RHD), Neighborhood
Commercial (NC) and Public/Semi-Public (P/SP).
1.3 Permanent Use. The Developer wishes to develop a residential townhome community
on the Property in accordance with the City’s Unit Lot Subdivision process, Chapter
Development Agreement 2
20.44.020 AMC, Ordinance No. 2019-010, adopted on May 6, 2019 (“Unit Lot
Subdivisions”).
1.4 Unit Lot Subdivision. As part of the proposed development, the Developer will utilize
the Unit Lot Subdivision process, which provides for “common wall construction” of
structures, but allows for the creation of fee simple parcels for each individual townhome
unit, filed under City File No. PLN# 648 –Unit Lot Subdivision/Conditional Use Permit
(ULS/CUP), for a townhome project identified as Gilman Walk at Country Charm being
more particularly described in Exhibit B (“the Project”). Through this application and
subsequent March 4, 2020 decision of the City’s Hearing Examiner, the Developer received
approval of a Unit Lot Subdivision/Conditional Use Permit that will fix and establish the
development of the Property in a form that is consistent with the requirements of the City.
The Unit Lot Subdivision (ULS) proposes a division of approximately 21.4 acres into one
hundred fifteen (115) unit lots. Unit Lot Subdivision shall be referred to herein as the “ULS”,
and the Conditional Use Permit shall be referred to herein as the “CUP”
1.5 Use of Manure Lagoon as Water Quality Pond for Storm Water. The City has agreed to
allow the use of the existing manure lagoon, located on park property, to be utilized as a
water quality pond for treatment of stormwater generated by the development of the upland
area, including the public roadway. Upon completion of the Final Phase of the subdivision the
City will accept maintenance responsibilities of the pond, stormwater conveyance line and
pond maintenance access road.
1.6 Vegetation Management. The City agrees to allow vegetation management, with City
oversight, in Tract A, Tract D, Tract J, Tract K, Tract O and Tract Q for trimming of tree
branches to create and maintain view corridors, subject to protection of slope stability and
tree health. A Vegetation Management Plan will be recorded with the applicable final unit lot
subdivision for on-going management.
1.7 Dedication of Tract Q. The Developer agrees to dedicate a 1.8 acre parcel, Tract Q, for
additional Park Property. Tract Q is the location where the terminus of E Gilman Avenue will
occur with a Public Parking Lot, to be constructed by the developer utilizing Traffic Impact
Fees (TIF) credits. The developer will also construct an asphalt access road from the parking
lot to the base of the hill, at the location identified on the civil engineering plans for the
project. This dedication will occur in conjunction with recordation of Phase 4 Final Plat.
1.8 Use of Community Parks Impact Fees. As a condition of the ULS/CUP, the City and
Developer have agreed that the development of all lots within the Unit Lot Subdivision will
require the payment of Community Parks Impact Fees (CPIF) pursuant to AMC Chapter
20.90.400 in the amount of $172,155.00. The Developer will dedicate an approximately 9-
acre parcel (Tract P), as additional park property, in lieu of paying the CPIF. This dedication
will occur in conjunction with recordation of Phase 1 Final Plat.
1.9 Use of Traffic Impact Fees. As a condition of the ULS/CUP, the City and the
Developer, have agreed that E. Gilman Avenue, an east-west local access street be extended
between Alcazar Street and the identified terminus within the project to a public parking lot,
Development Agreement 3
that will serve the City owned park property situated primarily north and west of the parking
lot. The City is requiring that the developer construct an asphalt public parking lot as the
terminus of E Gilman Avenue. The City has agreed to address the additional construction cost
for this improvement, as described below. The City is also requiring that a 12-foot-wide
multi-modal trail, with associated amenities, be constructed in conjunction with the E. Gilman
Avenue roadway extension. This trail requirement exceeds the minimum development
standards as required by the City (typically a five foot wide sidewalk), and the City has
agreed to address the difference in additional construction cost, as described below. The City
has agreed to allow Developer to construct the additional Transportation Improvements in
lieu of paying the total amount of traffic impact fees associated with the development of the
project (the “TIF Credits”), up to the total amount allowed for the construction of the Road
Improvements (the “Allowed Construction Amount”). All remaining TIF Credits after the
Allowed Construction Amount has been expended, shall be imposed as traffic impact fees on
the project and paid in cash to the City.
1.10 Dedication. The dedication of real property for Public Right of Way purposes (to
construct the Transportation Improvements) or real properties dedicated for Public Park
purposes, must occur on or before issuance of a certificate of occupancy for the applicable
townhome unit in the Development. In this instance the project will be constructed in phases, so
dedication will occur incrementally as each phase is completed, i.e. Dedication of Tract P shall
occur with the recordation of Phase 1Final Plat and the Dedication of Tract Q shall occur with
the recordation of Phase 4 Final Plat. With each phase, extinguishment of the sixty foot wide
access easement will occur in conjunction with dedication of Public Right of Way. The
Developer shall provide performance security for the Transportation Improvements in a form
acceptable to the City per AMC 20.12 Part IX.-Security Mechanisms, until such time as the
Improvements are accepted by the City of Arlington.
1.11 Benefits. The City recognizes the public benefits which will occur from the permanent
development of the property and dedication of land for public use as proposed by the Developer,
including the Transportation and Park Improvements. Likewise, Developer recognizes the
benefit of this agreement allowing the use of the lagoon for stormwater treatement, vegetation
management, credit of traffic impact fees for constructing the Transportation Improvements,
and credit of Community Parks Impact Fees for dedicating land and constructing the Park
Improvements in lieu of paying said fees in cash.
1.12 Consistency with Development Regulations. The City and the Developer wish to ensure
that the Property will be developed in accordance, specifically, with the provisions of the
ULS/CUP, in compliance with all applicable City codes, plans, and development regulations,
and in a manner acceptable to the City. These include, but are not limited to, the current
edition of the Arlington Comprehensive Plan (January 2018) and the Arlington Municipal
Code (AMC) specifically including, but not limited to, Water and Sewers (Title13), Fire
Regulations (Title 15), Buildings and Construction (Title 16), Zoning (Title 20) and the most
current edition of the City of Arlington Construction Standards and Specifications.
1.13 The City and Developer agree that each has entered into this Development Agreement
knowingly and voluntarily and agree to be bound by the terms and conditions of this
Development Agreement 4
Development Agreement.
1.14 The City and the Developer agree that the foregoing terms and recitals are material to
this Development Agreement, and that each party has relied on the material nature of such
terms and recitals in entering this Development Agreement.
1.15 The City Council has authorized the Mayor or City Administrator to enter into this
Agreement following a public hearing held in accordance with RCW 36.70B.200.
2.0 DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL
2.1 The parties agree as follows regarding the conditions of approval required by AMC
20.39.060:
a. A site plan for the entire project, showing locations of sensitive areas and buffers,
required open spaces, perimeter buffers, location and range of densities for
residential development, and location and size of nonresidential development:
The parties agree to, and incorporate by reference herein, the site plan in Exhibit B
which is also known as Exhibit 24 through 30 of the March 4, 2020 Hearing Examiner
decision.
b. The expected build-out time period for the entire project and the various phases:
The term of this agreement shall be for a period of seven (7) years from July 6, 2020.
The parties may extend this agreement by written agreement, provided the same is
approved by the City Council and is no longer than the term in Section 6.11.
c. Project phasing and other project-specific conditions to mitigate impacts on the
environment, on public facilities and services including transportation, utilities,
drainage, police and fire protection, schools, and parks: The development of the
Property shall occur as described in the March 4, 2020 Hearing Examiner decision.
Each delineated phase of the ULS shall make application for permits to develop. The
City shall follow all requirements of the State Environmental Policy Act (SEPA) and
all applicable city and state regulations; provided, however, the provisions of this
agreement relating to the use of the lagoon for stormwater (Section 1.5 of this
Agreement), vegetation management (Section 1.6 of this Agreement), TIF Credits for
the construction of the Transportation Improvements (Section 1.9, 1.10 and 3.0 of this
Agreement) and the Community Park Impact Fees (Section 1.7 and 1.8 of this
Agreement) shall be binding and conclusive on all parties hereto.
d. A yearly evaluation of the project status and phasing shall be provided by the
applicant and reviewed with city staff: The Developer shall provide a written
summary of development status for each project phase to the City not less than
annually during the term of this agreement.
e. All agreements shall be reviewed during each ten-year update of the
comprehensive plan to ensure every project maintains consistency with the city's
goals and policies: The parties agree that the City shall take the provisions of this
agreement into consideration when developing any update to its comprehensive plans.
f. Bulk design and dimensional standards that shall be implemented throughout
Development Agreement 5
subsequent development within the project: The parties agree that all development
shall strictly conform to the City’s Unit Lot Subdivision regulations, the conditions
within the March 4, 2020 approved Conditional Use Permit and Unit Lot Subdivision
and the building forms and architectural features, as approved on January 28, 2020 by
the Design Review Board, so that the entire development shall appear to be well
planned, designed and constructed, despite any lapse of time in the full development
of the property.
g. The size and range of uses authorized for any nonresidential development within
the project: Not applicable, this project is for residential use only.
h. The minimum and maximum number of residential units for the project: Not
to exceed 115 townhome units.
i. Any sewer and/or water comprehensive utility plans or amendments required to
be completed before development can occur: No amendments are required. The
City has adequate capacity in its current infrastructure to serve the proposed
development.
j. Provisions for the applicant's surrender of an approved development agreement
before commencement of construction or cessation of development based upon
causes beyond the applicant's control or other circumstances, with the property
to develop thereafter under the base zoning in effect prior to the development
agreement approval. Consistent with Condition 19. of the March 4, 2020 Hearing
Examiner decision, no new residential use is allowed for the NC zoned area of the site
until such time as a rezone to RHD is approved or approval is granted in compliance
with the Mixed Use Overlay.
3.0 CONSTRUCTION OF IDENTIFIED TRANSPORTATION IMPROVEMENTS
3.1 Required Transportation Improvements. The City and Developer agree that E. Gilman
Avenue, to be dedicated as a public street, shall be constructed by the Developer at the
Developer’s expense upon and across the subject property as illustrated in Exhibit B. The street
shall be constructed in phases per the approved engineered drawings for the Gilman Walk at
Country Charm project (permit # PWD -1474). The elements of E. Gilman Avenue, shall consist
of, but not be limited to, curb/gutter, sidewalk, multi-modal trail, asphalt concrete paving and
sub grade features, storm drainage, street lighting, pavement markings, signage, street trees, tree
grates, landscaping, and associated amenities all constructed in full compliance with city codes
and the City of Arlington Construction Standards and Specifications. The Developer recognizes
that construction and dedication of the roadway shall be required to be completed on or before
issuance of a certificate of occupancy for the townhomes constructed within the identified phase
of the project.
3.2 Use of Traffic Impact Fees for Street Construction. The City and Developer hereby agree
that the development of all lots within the Unit Lot Subdivision will require the payment of
Transportation Impact Fees pursuant to AMC Chapter 20.90. The City agrees that in lieu of
payment of the full amount of Transportation Impact Fees, the developer will receive a credit for
the cost of construction for the identified Transportation Improvements. The agreed upon
amount which would otherwise be due and payable for Transportation Impact Fees is estimated
Development Agreement 6
to be $228,140.00,which both parties agree are reasonable.
3.3 Credit for Cost of Construction for the Identified Transportation Improvements. Based
upon the Engineer’s Estimated Cost of Construction (EECC) by CORE Design, Inc. dated
March 2, 2020 and March 18,2020, the City agrees that the estimated cost for the construction of
the Pedestrian Trail Improvements is $102,878.00, the estimated cost for the construction of the
Public Parking Lot is $ 47,008.00, and the cost for construction of the Park Access Road is $
25,255.00. The final amount of the TIF credit will be based on the actual cost of these
improvements and the dedication of land, provided the amount of the credit may not exceed the
impact fee due.
3.4 Compliance with State Law. The implementation of the provisions in this Agreement for
required Road Improvements will be done in a manner that is consistent with applicable
Washington law, including the City of Arlington impact fee ordinances.
4.0 CERTAINTY OF DEVELOPMENT AGREEMENT
4.1 Development Agreement Deemed Controlling. This Agreement, once recorded, and
any terms, conditions, maps, notes, references, or regulations which are a part of the Agreement
shall be considered enforceable elements of the Arlington Municipal Code. In the case of an
explicit conflict with any other provisions of the Arlington Municipal Code, this Agreement
shall take precedence. Unless otherwise provided by this Agreement, the City’s ordinances,
resolutions, rules and regulations, and official policies governing permitted land uses, density,
design, improvement, and construction standards shall be those City ordinances, resolutions,
rules and regulations, and official policies in force at the time of the execution of this
Agreement.
4.2 Subsequent Actions. This Agreement shall not prevent the City, in subsequent
actions applicable to the property, from applying new rules, regulations, and policies which do
not conflict with those rules, regulations, and policies applicable to the subject property at the
time of this Agreement, nor shall this Agreement prevent the City from denying or conditionally
approving any subsequent development project application on the basis of such new rules,
regulations, and policies.
4.3 Changes in the Law. In the event that state or federal laws or regulations, enacted
after this Agreement has been entered into, prevent or preclude compliance with one (1) or more
of the provisions of the Agreement, such provisions of the Agreement shall be modified or
suspended in accordance with Section 6.4 as may be necessary to comply with such state or
federal laws or regulations following modification procedures in Section 6.5 for an amendment
or cancellation.
4.4 Emergency Situations. The City may suspend the issuance of building permits for
the planned Project, if it finds that continued construction would place surrounding residents or
the immediate community, or both, in a condition dangerous to their health or safety, or both.
5.0 DISPUTE RESOLUTION
Development Agreement 7
5.1 Party Consultation. In event of any dispute as to interpretation or application of the terms
or conditions of this Agreement, the Developer, the principal of the project applicant, and the
City Administrator shall meet within ten (10) business days after request from any party for the
purpose of attempting, in good faith, to resolve the dispute. The meeting may, by mutual
agreement, be continued to a date certain in order to include other parties or persons, or to
obtain additional information. The parties agree that any meetings so held shall be privileged
as specified in RCW 7.07.030, regardless of whether a mediator is involved in the discussions.
5.2 Decision of City Administrator. In the event the parties are unable to reach agreement as
to any dispute, the City Administrator shall issue his or her written determination concerning
the disputed issues, which shall be the final decision of the City.
5.3 Judicial Appeal. Any aggrieved party may appeal the decision of the City Administrator to
the Snohomish County Superior Court, or as may otherwise be allowed by law and court rules.
6.0 GENERAL PROVISIONS
6.1 Recording. This Agreement shall, following approval by the City Council and the
Developer’s acquisition of any portion of the Property, be filed as a matter of public record in
the office of the Snohomish County Auditor and shall be in the nature of a covenant running
with the Property. It is the intent to have this Agreement, so long as it is in force, to be
considered, interpreted, and regarded as a covenant running with the land as to Developer's
Property.
6.2 Applicable Law. This Agreement shall be governed by and be interpreted in accordance
with the laws of the State of Washington. Venue for any legal action brought hereunder shall
be in the Snohomish County Superior Court.
6.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of each party hereto. The parties acknowledge that Developer shall
have the right to assign or transfer all or any portion of the interests, rights and obligations
under this Agreement to other parties acquiring an interest or estate in the property. Consent
by the City shall not be required for any transfer or rights pursuant to this Agreement.
6.4 Severability. If any provision of this Agreement is determined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to implement intent
of the parties to the maximum extent allowable under law.
6.5 Modification. This agreement may be amended, modified or terminated in conformity
with the requirements of RCW 36.70B.170-200, and other applicable laws, rules or
regulations, and upon mutual consent of the parties, which mutual consent of the parties shall
be evidenced by a written agreement therefore, signed by the parties hereto.
6.6 Merger. This Agreement represents the entire agreement of the parties with respect to the
Development Agreement 8
subject matter hereof. There are no other agreements, oral or written, except as expressly set
forth herein. None of the provisions of this Agreement shall be merged by the Statutory
Warranty Deeds or dedication of the Property.
6.7 Duty of Good Faith. Each party hereto shall cooperate with the other in good faith to
achieve the objectives of this Agreement. The parties shall not unreasonably withhold
requests for information, approvals or consents provided for, or implicit, in this Agreement.
The parties shall execute any additional documentation reasonably required to carry out the
intent and obligations under this Agreement.
6.8 Disclosure upon Transfer. Developer agrees that in the event of a proposed sale, gift,
transfer, segregation, assignment or devise of the Property, Developer shall disclose the
existence of this Agreement to the interested party.
6.9 No Presumption against Drafter. This Agreement has been reviewed and revised by legal
counsel for all parties and no presumption or rule that ambiguity shall be construed against the
party drafting the document shall apply to the interpretation or enforcement of this agreement.
6.10 Notices. All communications, notices and demands of any kind which a party under this
Agreement is required or desires to give to any other party and be either (1) delivered personally,
(2) sent by email transmission with an additional copy mailed first class, or (3) deposited in the
U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows:
If to the City: City of Arlington
8204 59th Avenue NE
Arlington, WA 98223
Attn:
Email:
Fax:
If to the Developer: Corner 9 Properties, LLC
504 East Fairhaven Ave.
Burlington, WA 98233
Attn: Brian Gentry
Email: brian@landedgentry.com
If to the Property Owners: Same
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail, notice shall be deemed received 48 hours after deposit. Any party at any time by
Development Agreement 9
notice to the other party may designate a different address or person to which such
notice shall be given.
6.11 Term. Unless extended this Agreement shall automatically expire and the
obligations of the parties cease ten(10) years after the date of its execution, without the
need for further act or documentation. The parties acknowledge and agree that this
Agreement may be extended if necessary, to enable Developer to recoup the cost of the
Transportation Improvements.
IN WITNESS WHEREOF, the undersigned have set their hands the day and date set
out next to their signatures.
Development Agreement 10
Company
Approved as to Form:
Chapter 20.39 - DEVELOPMENT AGREEMENTS
20.39.005 - Development agreements—Authorized.
The city may enter into a development agreement with a person having ownership or control of real
property within its jurisdiction. The city may enter into a development agreement for real property outside
its boundaries as part of a proposed annexation. A development agreement must set forth the
development standards and other provisions that shall apply to and govern and vest the development,
use, and mitigation of the development of the real property for the duration specified in the agreement.
(Ord. No. 1452, 9-26-2008)
20.39.010 - Development standards defined.
For purposes of this chapter, the term "development standards" means and includes, but is not
limited to:
(1) Project elements such as permitted uses, residential densities, and nonresidential densities
and intensities or building sizes;
(2) The amount and payment of impact fees imposed or agreed to in accordance with any
applicable provisions of state law, any reimbursement provisions, other financial contributions
by the property owner, application fees, administrative charges, inspection fees, drafting fees, or
dedications;
(3) Mitigation measures, development conditions, and other requirements under AMC Chapter
20.98;
(4) Design standards such as maximum heights, setbacks, lot coverage, drainage and water
quality requirements, landscaping, and design guidelines;
(5) Affordable housing;
(6) Parks and open space preservation;
(7) Phasing;
(8) Review procedures and standards for implementing decisions;
(9) A build-out or vesting period for applicable standards; and
(10) Any other development requirement or procedure deemed appropriate by the city council.
(Ord. No. 1452, 9-26-2008)
20.39.020 - Development standards—Flexibility.
A development agreement shall be consistent with applicable development regulations to the fullest
extent possible; provided, a development agreement may allow development standards different from
those otherwise imposed under the Arlington Municipal Code in order to provide flexibility to achieve
public benefits, respond to changing community needs, or encourage modifications which provide the
functional equivalent or adequately achieve the purposes of otherwise applicable city standards. Any
approved development standards that differ from those in the code shall not require any further zoning
reclassification, variance from city standards or other city approval apart from development agreement
approval, except that no deviation from airport protection district regulations or critical areas regulations
shall be permitted. The development standards as approved through a development agreement shall
apply to and govern the development and implementation of each covered site in lieu of any conflicting or
different standards or requirements elsewhere in the Arlington Municipal Code. Subsequently adopted
standards which differ from those of a development agreement adopted by the city as provided in this
chapter shall apply to the covered development project only where necessary to address imminent public
health and safety hazards or where the development agreement specifies a time period or phase after
which certain identified standards can be modified. Determination of the appropriate standards for future
phases which are not fully defined during the initial approval process may be postponed. Building permit
applications shall be subject to the building codes in effect when the permit is applied for.
(Ord. No. 1452, 9-26-2008)
20.39.030 - Exercise of city police power and contract authority.
As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise
of the city's police power and contract authority. Accordingly, a development agreement may obligate a
party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve
authority to impose new or different regulations to the extent required by a serious threat to public health
and safety.
(Ord. No. 1452, 9-26-2008)
20.39.040 - Form—Public hearing required.
Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All
development agreements shall be in form and content as approved by the city attorney and shall be
subject to review and approval by the city council after a duly noticed public hearing pursuant to AMC
20.24.020 Public Notice Requirements.
(Ord. No. 1452, 9-26-2008)
20.39.050 - Referral to hearing examiner.
By motion of the city council, development agreements proposing standards that differ from those
otherwise applicable under AMC Title 20, Zoning, may first be referred to the hearing examiner for his or
her recommendation and report, and the hearing examiner shall promptly report to the council thereon,
making such recommendations and giving such counsel as he or she may deem proper.
(Ord. No. 1452, 9-26-2008)
20.39.060 - Conditions of approval.
In approving a development agreement, conditions of approval should at a minimum establish the
following, or reference approved plans, conditions, or existing codes addressing such items:
(1) A site plan for the entire project, showing locations of sensitive areas and buffers, required
open spaces, perimeter buffers, location and range of densities for residential development, and
location and size of nonresidential development;
(2) The expected build-out time period for the entire project and the various phases;
(3) Project phasing and other project-specific conditions to mitigate impacts on the environment,
on public facilities and services including transportation, utilities, drainage, police and fire
protection, schools, and parks;
(4) A yearly evaluation of the project status and phasing shall be provided by the applicant and
reviewed with city staff;
(5) All agreements shall be reviewed during each ten-year update of the comprehensive plan to
ensure every project maintains consistency with the city's goals and policies. Road and storm
water design standards that shall apply to the various phases of the project;
(6) Bulk design and dimensional standards that shall be implemented throughout subsequent
development within the project;
(7) The size and range of uses authorized for any nonresidential development within the project;
(8) The minimum and maximum number of residential units for the project;
(9) Any sewer and/or water comprehensive utility plans or amendments required to be completed
before development can occur; and
(10) Provisions for the applicant's surrender of an approved development agreement before
commencement of construction or cessation of development based upon causes beyond the
applicant's control or other circumstances, with the property to develop thereafter under the
base zoning in effect prior to the development agreement approval.
(Ord. No. 1452, 9-26-2008)
20.39.070 - Discretionary, legislative act.
The decision of the city council to approve or reject a request for a development agreement shall be
a discretionary, legislative act and an exercise of the city's police power and contract authority.
(Ord. No. 1452, 9-26-2008)
City of Arlington
Maps and GIS data are distributed “AS-IS” w ithout 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 compiledfrom a variety of sources w hich m ay contain errors and users who rely upon the information do so at theirown risk. Users agree to indem nify, defend, and hold harmless the City of Arlington for any and all liabilityof any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use ofthe data presented in the m aps.
kdh/akc
GilmanWalkDevAgrmt_11x17_20
6/16/2020
Scale:
Date:
File:
Cartographer:
Gilman WalkDeveloper Agre ementTract Q (1.8 acres)
Tra ct P(1 0 a cre s)
Gilman Ave Roadway Improvements
Country Charm Park
N ALCAZAR AVE
PARKHILLDR
EGILMANAVE
±
1 inch = 183 feet
Legend
Gilman Walk Tracts
Gilman Road Improvements
Graafstra Enterprises LLC Parcel
Assessor Parcels
Arlington City Limits
Projects with an asterisk (*) after the number are on the 6 year plan
City of Arlington Council Agenda Bill Item: WS #3 Attachment C
COUNCIL MEETING DATE: June 22, 2020 SUBJECT: Award of the Exploratory Drilling, Testing, and Monitoring Well Installation Project ATTACHMENTS: Preliminary Bid Tab Sheet DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $208,088.79 (Low Bid) BUDGET CATEGORY: Water Capital Funds BUDGETED AMOUNT: $75,000 ($75K budgeted 2019, amendment will be submitted in 2020) LEGAL REVIEW: DESCRIPTION: Review of bid tabulation for the 2020 Exploratory Drilling, Testing, and Monitoring Well Installation Project HISTORY: Public Works has been working for several years on securing and developing new water sources to ensure future water availability for Arlington’s future. This project was included in the City’s 2019-2020 budget with work associated with installation of test wells and monitoring wells scheduled for 2019. Complications prevented the City from moving forward with well installation in 2019, so the work was delayed until 2020. The Exploratory Drilling, Testing, and Monitoring project was advertised for bid on the MRSC Small Works
Item
No.
DESCRIPTION Approx. Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Mobilization / Demobilization 1 LS 4,565.00$ 4,565.00$ 6,000.00$ 6,000.00$ 31,000.00$ 31,000.00$
2 Sonic Drilling 700 LF 50.00$ 35,000.00$ 60.00$ 42,000.00$ 65.00$ 45,500.00$
3a 30 and 50 Slot Test Well Screens Cost Plus 15% N/A -$ 18,000.00$ -$ 15,525.00$ -$ 15,525.00$
3b 10 Slot Test Well Screens Cost Plus 15% N/A -$ 2,500.00$ -$ 1,552.50$ -$ 1,552.50$
4 Test Well Screen Refund 50 LF 20.00$ 1,000.00$ 20.00$ 1,000.00$ (50.00)$ (2,500.00)$
5 Test Well Screen Assembly Authorized Hourly 70 HR 200.00$ 14,000.00$ 400.00$ 28,000.00$ 465.00$ 32,550.00$
6 Pumping Test Equipment for 5 x 12 Hour Tests 5 EA 1,500.00$ 7,500.00$ 2,800.00$ 14,000.00$ 1,200.00$ 6,000.00$
7 Test Water Conveyance System 300 LF 8.00$ 2,400.00$ 5.00$ 1,500.00$ 5.00$ 1,500.00$
8 Hourly Work for Pumping Tests (5 Wells x 12 Hrs) 120 HR 200.00$ 24,000.00$ 200.00$ 24,000.00$ 600.00$ 72,000.00$
9 Supply and Install Monitoring Wells 716 LF 35.00$ 25,060.00$ 30.00$ 21,480.00$ 35.00$ 25,060.00$
10 Adandonment Sealing Materials 50 LF 20.00$ 1,000.00$ 20.00$ 1,000.00$ 20.00$ 1,000.00$
11 Supply/Install Monuments, Concrete Pads, &
Bollards (5 Wells)5 EA 1,700.00$ 8,500.00$ 2,000.00$ 10,000.00$ 1,500.00$ 7,500.00$
12 Miscellaneous Erosion Control 1 LS 1.00$ 1,500.00$ 1,500.00$ 1,500.00$ 2,500.00$ 2,500.00$
13 Line 13 Does Not Exist on Bid Form N/A ----$ -$ -$ -$ -$ -$
14 Stanby Time 16 HR 50.00$ 800.00$ 500.00$ 8,000.00$ 600.00$ 9,600.00$
15 Force Account Work 1 LS 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$
160,825.00$ 190,557.50$ 263,787.50$
14,795.90$ 17,531.29$ 24,268.45$
175,620.90$ 208,088.79$ 288,055.95$
June 11, 2020
Exploratory Drilling, Testing and Monitoring Wells Installation Project
Subtotal
Tax (9.2%)
Total
Yellow Jacket DrillingEngineer's Estimate Holt Services Inc.
City of Arlington Council Agenda Bill Item: WS #4 Attachment D
evaluate hydraulic performance of the test wells. Pacific Groundwater Group (PGG) has developed the preliminary planning and permitting work with the Department of Ecology to support these five test wells as possible future potable water production
Scope of Work: City of Arlington
Sonic Well Drilling, Testing, Yield Analysis & Monitoring
This document presents Pacific Groundwater Group’s (PGG’s) proposed scope of work for
assisting the City of Arlington (City) in drilling and testing five exploration wells using the sonic
drilling approach, assessing likely yields for potential nearby production wells and performing
ongoing monitoring to better understand site conditions. The wells will be temporarily
configured to perform pumping tests (“test wells”) and then will be converted to accommodate
ongoing monitoring (“monitoring wells”). PGG’s project approach includes the following:
1. Preparation for Drilling;
2. Observing Well Installation and Overseeing Testing;
3. Analyzing Drilling and Testing Results;
4. Assisting with Development of a Monitoring Plan, Advising on Monitoring Activities,
and Analyzing Monitoring Results;
5. Document Study Findings
6. Project Management.
Task 1: Preparation for Drilling
Prior to site mobilization, PGG will seek a written variance for the proposed drilling/testing
approach and final well configurations from the Department of Ecology (Ecology). The proposed
approach is unconventional in that it involves installing a high performance well screen within
the sonic drilling outer casing, using the outer casing as a pump chamber to perform a pumping
test, and installing a monitoring well within the remnant well screen as the drill casing is
removed. PGG has already discussed this approach with Ecology and they indicated a variance
from WAC 173-160-191 would likely be granted. PGG will submit a formal variance request
with an associated schematic to Ecology. PGG anticipates that we will likely need to shepherd
this request through Ecology’s approval process and answer any remaining questions before a
written variance is issued.
PGG will coordinate with the City and their selected contractor (“driller”) prior to the driller
arriving on site. PGG will provide input on drilling locations and the City’s pre-purchase of
monitoring equipment prior to initiation of drilling. PGG will attend one field meeting with the
City and the driller to view the five drilling locations, discuss the project approach, and for the
City to identify discharge locations for each pumping test. In addition, PGG will work with City
Staff to identify the suite of water-quality parameters to be analyzed from samples taken during
testing, and will work with the lab to set up water-quality analyses and bottle orders before
fieldwork begins.
Scope of Work City of Arlington Sonic Well Exploration 2
JUNE 11, 2020
Task 2: Well Installation & Testing
This task includes observing the drilling and overseeing testing of five exploration wells on three
sites. Drilling will proceed in the following order: two 50-foot wells at the existing Haller
Wellfield, two (up to) 200-foot wells at the Stormwater Wetland Park site, and one (up to) 200-
foot well at the Haller North site. During drilling, a PGG hydrogeologist will be onsite to observe
geologic and hydrologic conditions. In the first well, PGG will observe test-screen installation
and portions of well development; however, for the remaining four wells, PGG will be offsite but
remain in close communication with the driller during screen installation and development. PGG
will also communicate remotely with the driller during pump installation (which may include
some additional pumping for continued well development).
For each well, PGG will communicate with the driller (remotely) to request preliminary pumping
and water-level observations on which to design aquifer tests. PGG will work with City Staff to
identify observation wells and support the City’s arrangement of access to these wells. PGG will
work with both the driller and City Staff to confirm that management of pumped discharge water
conforms with the City’s requirements, as established during the field meeting (Task 1). PGG
will also assemble monitoring and sampling equipment for the test well prior to aquifer testing;
the City will provide transducers, and if necessary communication cables and software, for the
observation wells. On the day of testing, PGG will install transducers in the test well and select
observation wells, observe a (minimum) 8-hour pumping test and the first couple of hours of
recovery. Transducers will be left in the wells for several days to record water-level recovery and
ambient water-level trends. PGG will communicate with the driller (remotely) to answer
questions when the test wells are converted to monitoring wells and to ensure that a datalogger is
re-installed in the monitoring well. PGG’s hydrogeologist will return to the site to retrieve the
transducers from the monitoring well and will download the dataloggers in the office.
Water-level monitoring in the two monitoring wells installed at the Haller Wellfield will
continue for an extended period (e.g. several weeks), during which time PGG will work with
City Staff to develop a controlled pumping regime optimized (as possible) which will enhance
PGG’s efficiency and accuracy of analysis of aquifer response to pumping at production rates.
We will return to the site to download the data at the end of the extended monitoring period.
PGG will work with the City to ensure that they collect and provide needed pumping data during
the extended monitoring period.
PGG will collect water-quality samples from the test wells during the five aquifer tests and will
provide samples and completed chain-of-custody forms to the City for delivery to the lab.
Assumptions:
• City will provide all datalogging transducers for observation wells and barometric pressure
during pumping tests and subsequent monitoring based on PGG’s purchase recommendation
(Task 1).
• PGG will observe test-screen installation and portions of well development in the first test
well only; for the remaining four wells, PGG will be offsite but remain in close
communication with the driller during screen installation and development
Scope of Work City of Arlington Sonic Well Exploration 3
JUNE 11, 2020
• During aquifer tests, PGG will install a high-range transducer in each test well, which will be
replaced by one of the City’s (lower-range) transducers during recovery and ambient
monitoring.
• Aquifer tests assume that City will arrange access to up to three observation wells (e.g.
neighboring private wells, piezometers, Hammer Well) for monitoring and will assist with
manual water-level measurements. Depending on the configuration of private wells, PGG
may recommend limiting monitoring to manual measurements rather to manual plus
transducer monitoring
• Water levels in the test wells and select observation wells could potentially be influenced by
routine pumping from the Haller Wellfield to meet customer demands. City Staff will work
with PGG to develop a pumping regime that minimizes change (i.e. most constant pumping
condition) immediately before, during and after the aquifer test. PGG understands that the
City will likely discontinue pumping of the Haller Wellfield during actual drilling of the 50-
foot test wells.
• After the extended monitoring period immediately following the aquifer testing at the Haller
Wellfield, City Staff will provide PGG with detailed pumping data for individual Haller
Wells in digital format (spreadsheet or database).
• PGG will collect water quality samples from test wells during aquifer testing. However,
during testing at the stormwater wetland, City Staff will sample the Hammer Well.
• City Staff will coordinate with the water quality lab to be invoiced directly and will deliver
water-quality samples to lab.
• Sampling during aquifer tests does not include microparticulate analysis (MPA) for GWI
assessment.
Task 3: Drilling/Testing Data Analysis
PGG will prepare geologic logs and as-builts for each of the five new wells. At the City’s
request, PGG will update two hydrogeologic cross sections that details subsurface conditions in
the exploration vicinity (this is an optional task and must be authorized by the City).
PGG will analyze aquifer tests for each of the five exploration wells and associated observation
wells. We will process the data and employ the Aqtesolv analysis software package to estimate
aquifer properties, identify hydraulic boundaries effecting pumping response, and estimate well
efficiencies.
PGG will analyze water-level responses in the two new Haller Wellfield monitoring wells to
controlled pumping of the Haller production wells (conducted over a 1-2 week period after
installation of the Haller monitoring wells). Our analysis will include: processing water-level
data from the monitoring wells, the river, and pumping data from the productions wells
(provided by the City in digital format). PGG will recalibrate the Aqtesolv model previously
developed to assess Haller Wellfield capacity.
PGG will estimate potential production capacity at each of the three sites and provide associated
production well design recommendations. For the Haller Wellfield, PGG will apply the
Scope of Work City of Arlington Sonic Well Exploration 4
JUNE 11, 2020
recalibrated Aqtesolv model along with evaluation of observed well efficiencies to optimize a
pumping strategy that includes new production wells. Design recommendations will include
consideration of the design/performance of existing/historic wells along with the occurrence of
shallow bedrock. PGG will estimate production well capacities at the other two explorations sites
based on aquifer properties, expected boundary responses, bedrock occurrence and likely
efficiencies; and will recommend designs to maximize well efficiency.
PGG will characterize and assess water-quality observations from samples obtained during
testing along with any historic raw water quality data provided by the City for the Haller
Wellfield.
Assumptions:
• Time-series river stage data from Haller Bridge can be obtained by the City from the County.
• Historic raw water-quality data from the Haller Wellfield will be provided in a usable digital
format (e.g. spreadsheets or database).
• City to provide digital Haller pumping data to PGG for extended monitoring period.
Task 4: Monitoring Assistance
PGG will work with City Staff to develop an approach for continued monitoring after completion
of Task 2 and partial completion of Task 3. Developing the monitoring approach can begin
immediately after project kickoff if decisions need to be made early on; however, most of
monitoring planning will occur after completion of Task 2. Monitoring approach development
will consider: which wells to monitor (e.g. monitoring wells, production wells, irrigation wells,
piezometers); other monitoring points (e.g. river, rain gage); which parameters to monitor (e.g.
groundwater levels, pumping, rainfall, river stage, water-quality sampling for select analytes);
and the City’s goals (e.g. better understanding of water quality, groundwater flow patterns,
groundwater/surface-water interactions, anticipated regulatory considerations). PGG will assist
the City with acquisition of monitoring equipment by identifying makes and models suitable to
the monitoring program.
City Staff will be responsible for all monitoring field activities; however, PGG will provide
advice as needed. After the first quarter of monitoring, the City will provide PGG with digital
datasets (raw transducer files, laboratory-provided electronic data deliverables, and digital
production well pumping rates for each well – optimally expressed as hourly averages) for all
selected monitoring parameters. PGG will analyze the monitoring data to address the goals of the
monitoring program to the extent supported by available data. Monitoring will continue over
three subsequent quarters. The City will provide PGG with quarterly digital data “dumps” and
PGG will review the data to check for unexpected issues or instrument failures. After one year of
monitoring, PGG will update our monitoring data analysis to reflect possible seasonal variations
observed over an annual data-collection period.
Scope of Work City of Arlington Sonic Well Exploration 5
JUNE 11, 2020
Assumptions:
• The monitoring approach will be finalized after completion of Task 2 and partial completion
of Task 3. The approach will be summarized in a simple internal “working memorandum”.
• City will survey the locations and wellhead measuring-point elevations to accuracy
recommended by PGG of all new monitoring wells, observation wells used during testing,
and other key monitoring locations.
• PGG’s cost estimate for monitoring assistance assumes that the program is predominantly
geared towards water-level monitoring (e.g. assessing gradients with respect to the river,
assessing responses to variations in recharge, river level, and pumping). Although the
monitoring program may include limited water-quality sampling and laboratory analysis (i.e.
for several key selected “indicator parameters” identified via PGG/City collaboration), PGG
assumes that the program will not include extensive water-quality sampling and analysis.
PGG will interpret how the selected indicator parameters reflect groundwater quality
associated with site processes (e.g. river variation, recharge from precipitation, stormwater
and reclaimed water) to the extent supported by the data. However, water-quality impact
analysis of reclaimed water (and to a lesser extent stormwater) can become complex, and our
current cost estimate assumes a relatively simple analysis.
• Advising City Staff as part of monitoring assistance is limited to 24 PGG hours.
• PGG’s cost estimate for monitoring assistance will depend on the actual monitoring activities
selected by the City. Cost estimates for advising, data analysis and interpretation may change
if the selected monitoring program differs from the assumptions listed above.
• City will provide pumping-rate data from Haller Wells over the monitoring period as
requested by PGG (preferably as hourly average rates).
• City will provide all referenced monitoring data to PGG in workable digital format (e.g.
downloaded (raw) transducer files, spreadsheets, databases, but not PDF’s).
• All monitoring fieldwork will be performed by City Staff. City will pay lab directly for any
required water-quality analysis. City will purchase or rent all required monitoring equipment.
Deliverables:
• Simple internal “working memorandum” describing the monitoring approach.
Task 5: Documentation
PGG will document the results of drilling, testing, and associated data analysis (Tasks 2 and 3) in
a final report. The report will include well logs and as-built diagrams, hydrogeologic cross-
sections (if authorized), time-series plots of collected data, tabulated water-quality data, and
other project-related elements. The report will include analysis of aquifer properties, hydraulic
responses to pumping, expected pumping capacities from properly-constructed production wells,
and recommendations for production-well designs and drilling approaches. PGG will provide the
City with a draft report, discuss City comments by phone, and finalize the report accordingly.
Scope of Work City of Arlington Sonic Well Exploration 6
JUNE 11, 2020
After the first quarter of monitoring, PGG will document the monitoring data along with our
analysis and interpretation in a memorandum. Contents of the “First Quarter Monitoring
Memorandum” will depend on the scope of the monitoring approach. PGG will provide the City
with a draft memorandum, discuss City comments by phone, and finalize the report accordingly.
After the fourth quarter of monitoring, PGG will document the monitoring data along with our
analysis and interpretation in a memorandum. Contents of the “Year-1 Monitoring
Memorandum” will depend on the scope of the monitoring approach. PGG will provide the City
with a draft memorandum, discuss City comments by phone, and finalize the report accordingly.
Assumptions:
• Reports and memoranda to be provided in Microsoft Word and PDF formats.
• City to provide review comments by phone, in email, and/or using “track changes” and
“comments” within a single Word document; City will resolve internally inconsistent edits or
comments
• Report and memo finalization includes corrections and additions, but no significant
reorganization.
Deliverables:
• Draft and final drilling, testing, and yield assessment report
• Draft and final First Quarter Monitoring Memorandum
• Draft and final Year-1 Monitoring Memorandum
Task 5: Project Management
Project management includes: contracting, task tracking, invoicing and generation of monthly
progress reports, general project coordination and client communications for administrative
purposes. Project management also assumes one meeting each with Ecology and Washington
Department of Health, along with preparation for these meetings.
Cost Estimate
A preliminary cost estimate for the proposed scope is presented on Table 1. The cost estimate
shows the billing rates and projected levels of effort (per task) for each PGG staff. The estimated
cost of the proposed scope outlined above is $159,419 and may require modification once the
monitoring approach is fully developed under Task 4.1.
Assumptions:
• PGG’s work will be tracked and invoiced on a time-and-materials basis. PGG will track
actual hours relative to allocated hours, and will notify the City if actual hours for general
support tasks (e.g. general phone advising/support) are exhausted or projected to be
exceeded.
Scope of Work City of Arlington Sonic Well Exploration 7
JUNE 11, 2020
• If unexpected conditions dictate that approved tasks will require more effort than expected,
PGG will notify the City of why this is needed and discuss how to best complete the project
tasks most efficiently under a scope amendment.
• If the project scope is completed using less hours that shown on Table 1, the City will only
be charged for actual hours and expenses.
TABLE 1
PROJECT COST ESTIMATE
CITY OF ARLINGTON SONIC WELL DRILLING, TESTING AND YIELD ANALYSIS
ESTIMATED HOURS OTHER COSTS
Senior Staff Subtask TOTAL
Admin GIS Hydrogeol Hydrogeol Principal Labor Direct Cost TASK
$60 $130 $145 $130 $175 Cost Cost Total COST
(Item) (Cost)
TASK/SUBTASK
1 PREPARATION FOR DRILLING $3,571
1.1 OBTAIN FORMAL VARIANCE FROM ECOLOGY 4 0.5 $668 TRAVEL (1X)$58 $726
1.2 COORDINATION WITH CITY & DRILLER (INC. ONE FIELD MTG)12 2 $2,090 $2,090
1.3 COORDINATION OF WATER-QUALITY SAMPLING 4 1 $755 $755
2 WELL INSTALLATION & TESTING $43,549
2.1 LOG HALLER 50' WELL #1 16 2 $2,670 TRAVEL (3X)$174 $2,844
2.2 TEST HALLER 50' WELL #1 18 2 $2,960 TRANSDUCER RENTAL $100 $3,060
2.3 LOG HALLER 50' WELL #2 16 2 $2,670 TRAVEL (3X)$174 $2,844
2.4 TEST HALLER 50' WELL #2 18 2 $2,960 TRANSDUCER RENTAL $100 $3,060
28 3 $4,585 TRAVEL (4X)$232 $4,817
20 2 $3,250 TRANSDUCER RENTAL $100 $3,350
28 3 $4,585 TRAVEL (4X)$232 $4,817
2.5 LOG STORMWATER WETLAND 200' WELL #1
2.6 TEST STORMWATER WETLAND 200' WELL #1
2.7 LOG STORMWATER WETLAND 200' WELL #2
2.8 TEST STORMWATER WETLAND 200' WELL #2 20 2 $3,250 TRANSDUCER RENTAL $100 $3,350
2.9 LOG HALLER NORTH 200' WELL 28 3 $4,585 TRAVEL (4X)$232 $4,817
2.10 TEST HALLER NORTH 200' WELL 22 2 $3,540 TRANSDUCER RENTAL $100 $3,640
2.11 ADD'L WL MONITORING @ HALLER FOR PRODUCTION RESPONSE 5 $725 TRAVEL (1X)$58 $783
2.12 WATER QUALITY SAMPLE COORDINATION 6 1 $1,045 $1,045
2.13 GENERAL DRILLING/TESTING COMMUNICATION/COORDINATION 16 16 $5,120 $5,120
3 DRILLING/TESTING DATA ANALYSIS $39,160
3.1 WELL LOGS (5)36 2 $5,570 $5,570
3.2 UPDATED HYDROGEOLOGIC CROSS SECTIONS (2) OPTIONAL 14 6 20 $5,290 $5,290
3.3 ANALYZE AQUIFER TESTS (5) + HALLER PROD PUMPING RESPONSE 24 36 50 $16,910 $16,910
3.4 POTENTIAL WELL YIELD ANALYSIS (3 SITES)4 24 32 $9,300 $9,300
3.5 WATER QUALITY ANALYSIS 12 2 $2,090 $2,090
4 MONITORING ASSISTANCE $23,650
4.1 DEVELOP MONITORING APPROACH (WORK W CITY)10 6 $2,500 $2,500
4.2 ASSIST WITH INSTRUMENT ACQUISITION 8 2 $1,510 $1,510
4.3 FIRST QUARTER DATA ANALYSIS & INTERPRETATION 40 12 $7,900 $7,900
4.4 ADVISE CITY STAFF ON ONGOING MONITORING 12 12 $3,840 $3,840
4.5 YEAR 1 DATA ANALYSIS AND INTERPRETATION 40 12 $7,900 $7,900
5 DOCUMENTATION $27,750
5.1 DRAFT WELL DRILLING/TESTING/YIELD ASSESSMENT REPORT 8 64 20 $13,820 $13,820
5.2 DISCUSSION OF CITY COMMENTS 4 6 $1,630 $1,630
5.3 FINAL WELL DRILLING/TESTING/YIELD ASSESSMENT REPORT 3 16 6 $3,760 $3,760
5.4 DRAFT FIRST-QUARTER MONITORING MEMO 2 12 5 $2,875 $2,875
5.5 DISCUSSION OF CITY COMMENTS 2 2 $640 $640
5.6 FINAL FIRST QUARTER MONITORING MEMO 4 1 $755 $755
5.7 DRAFT YEAR-1 MONITORING MEMO 2 12 5 $2,875 $2,875
5.8 DISCUSSION OF CITY COMMENTS 2 2 $640 $640
5.9 FINAL YEAR-1 MONITORING MEMO 4 1 $755 $755
6 PROJECT MANAGEMENT $21,740
6.1 CONTRACTING, INVOICING, TRACKING 6 6 24 $5,430 TRAVEL $200 $5,630
6.2 PROJECT COORDINATION, COMMUNICATIONS W CITY 30 40 $11,350 PHOTO/TELE.$50 $11,400
6.3 AGENCY MEETINGS AND PREPARATION 8 20 $4,660 TRAVEL $50 $4,710
TOTAL HOUR ESTIMATES 6 29 617 80 305.5
SUBTOTAL DOLLARS $360 $3,770 $89,465 $10,400 $53,463 $1,962 $159,419
ESTIMATED TOTAL COST $159,419
City of Arlington Council Agenda Bill Item: WS #5 Attachment E
of this very important transportation project, staff is contracting with a CM firm to provide assistance with the management of this project. There is suaccommodate contracting the work. Staff reviewed CM qualifications foversight for this project. Following consultant selection, staff negotiated scope of services and fee for CM
KBA, Inc. June 10, 2020
\\arlington\city\PW_Admin\Contracts\KBA\06_204th Roundabout\Exhibit-A-SCOPE-Arlington-204th-v4 (Rev_JXK).docx\\Kba-server\kba-
data\Projects\Contracts\Client\Arlington\BP-18-081-01 Arlington 204th Roundabout\Drafts&NegotiationRecords\In-houseDrafts\Exhibit-A-SCOPE-Arlington-204th-v4.docx1 of
6
EXHIBIT A
SCOPE OF SERVICES
Construction Management Services
for
204th Street Roundabout Project
Contract No. P02-467
KBA, Inc. (Consultant) will provide Construction Management (CM) services to The City of Arlington
(Client) for the project known as 204th Street Roundabout (Project). These services will include
consultation, contract administration, field inspection, and documentation, as required during the
construction of the Project, as detailed below.
Project Description: The City of Arlington is upgrading the intersection at 204th Street NE and 77th Avenue
NE with the installation of a roundabout to improve vehicle safety and mobility through the
intersection. Additional project benefits include improved pedestrian crosswalks, street lighting, transit stop
pullouts, and site amenities and landscaping to enhance this neighborhood gateway. The Designer of
Record on this project is Perteet, Inc. (Designer).
I. CONSTRUCTION MANAGEMENT SERVICES
A. Consultant Contract Management. Provide overall day-to-day management of the
consultant contract and staff, including:
1. Decide on best modes and frequency of communication with Client and Designer. Liaison
and coordinate with Client on a regular basis to discuss Project issues and status.
2. Review monthly expenditures and CM team scope activities. Prepare and submit to Client
monthly, an invoice and progress report describing CM services provided that month.
Deliverables
Monthly invoices and progress reports
B. Preconstruction Services
1. Review Contract Documents to familiarize team with Project requirements.
a. Assist Designer in researching and preparing Addenda, as needed.
2. Organize and lead preconstruction conference:
a. Prepare and distribute notices.
b. Prepare agenda.
c. Conduct the meeting.
d. Prepare and distribute meeting notes to attendees and affected agencies.
3. Provide one set of preconstruction photographs.
Deliverables
Preconstruction Conference Notice, Agenda, and Notes
Preconstruction photos, digital files on electronic storage medium
C. Construction Phase Services – Contract Administration
1. Liaison with the Client, construction contractor, Designer, appropriate agencies, property
owners, and utilities.
2. Provide the Client with brief monthly construction progress reports, highlighting progress and
advising of issues which are likely to impact cost, schedule, or quality/scope.
KBA, Inc. June 10, 2020
\\arlington\city\PW_Admin\Contracts\KBA\06_204th Roundabout\Exhibit-A-SCOPE-Arlington-204th-v4 (Rev_JXK).docx\\Kba-server\kba-
data\Projects\Contracts\Client\Arlington\BP-18-081-01 Arlington 204th Roundabout\Drafts&NegotiationRecords\In-houseDrafts\Exhibit-A-SCOPE-Arlington-204th-v4.docx2 of
6
3. Schedule Review:
a. Review construction contractor’s schedules for compliance with Contract Documents.
b. Monitor the construction contractor’s conformance to schedule and require revised
schedules when needed. Advise Client of schedule changes.
4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction
contractor, including Client pre-briefing. Prepare weekly meeting agenda and meeting notes
and distribute copies to attendees. Track outstanding issues on a weekly basis.
5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the
construction contractor, for general conformance to the Contract Documents.
6. Record of Materials. Provide and maintain Record of Materials indicating anticipated material
approvals, material compliance documentation, and materials testing requirements. Retain
records of material compliance documentation received and advise of any known
deficiencies.
7. Prepare W eekly Statement of W orking Days and distribute to the Client and Contractor.
8. Manage RFI (Request for Information) process. Track and review/evaluate, or cause to be
reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs.
9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
10. Monthly Pay Requests. Prepare monthly requests for payment. Review with Client and
construction contractor, and recommend approval, as appropriate.
11. Evaluate construction contractor’s Schedule of Values for lump sum items. Review the
Contract Price allocations and verify that such allocations are made in accordance with the
requirements of the Contract Documents.
12. Notify construction contractor of Work found in noncompliance with the requirements of the
contract.
13. Prevailing Wage Monitoring:
a. Monitor Payroll Compliance. Review Statements of Intent to Pay Prevailing Wage
against the Contract Document requirements. Collect, record, and check monthly
certified payrolls.
14. Assist the Client in the investigation of malfunctions or failures observed during construction.
15. Public Information. Provide information for Client to prepare media communications and
public notices on Project status. Provide information for Client’s inclusion into a Project
website and/or newsletters, if requested.
16. Record Drawings. Review not less than monthly, the construction contractor’s redline set of
contract plans. Maintain a CM Team set of conformed drawings tracking plan changes,
location of discovered anomalies and other items, as encountered by the CM team. Use
these markups to check the progress of the Contractor-prepared Record Drawings.
17. Document Control. Establish and maintain document filing and tracking systems, following
Client guidelines and meeting funding agency requirements. Collect, organize, and prepare
documentation on the Project.
a. One hard copy of files will be kept in the Project field office.
b. Electronic documentation will be stored in a Project Website, using SharePoint software,
managed and hosted by the Consultant. The Client will be provided with up to three
licenses for their and the construction contractor’s use of the SharePoint website during
KBA, Inc. June 10, 2020
\\arlington\city\PW_Admin\Contracts\KBA\06_204th Roundabout\Exhibit-A-SCOPE-Arlington-204th-v4 (Rev_JXK).docx\\Kba-server\kba-
data\Projects\Contracts\Client\Arlington\BP-18-081-01 Arlington 204th Roundabout\Drafts&NegotiationRecords\In-houseDrafts\Exhibit-A-SCOPE-Arlington-204th-v4.docx3 of
6
the Project. If requested, Consultant will provide one training session each for Client and
construction contractor users of the SharePoint system.
c. The Project SharePoint site will transition to “read-only” access upon expiration of the
Agreement, or upon project completion and transfer of final records, whichever occurs
first. Transference of final records will include a digital copy of the files stored in the
Project SharePoint site. Access to SharePoint will expire following that date.
18. Project Closeout. Prepare Letters of Substantial (including punch list), Physical, and Final
Completion for Client approval and signature. Prepare final pay estimate for Client approval
and processing.
19. Final Records. Compile and convey final Project records, transferring to the Client for
archiving at final acceptance of the Project. Records will consist of hard copy originals and
electronic records on electronic storage medium.
Deliverables
Monthly Construction Progr ess Reports
Schedule Review Comments
Meeting Agendas and Notes
Submittal Log
Record of Materials
RFI Log
Change Order(s)
Progress Pay Requests
Certificates of Completion
Final records – hard copy and electronic
D. Construction Phase Services – Field
1. Observe the technical conduct of the construction, including providing day-to-day contact with
the construction contractor, Client, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents. The Consultant’s personnel will act in accordance
with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications.
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes. Advise the Client of any non-conforming work observed
during site visits.
3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor’s operations as
actually observed by the Consultant; includes quantities of work placed that day, contractor’s
equipment and crews, photos of work performed, and other pertinent information.
4. Interpret Construction Contract Documents, in coordination with Designer.
5. Evaluate issues which may arise as to the quality and acceptability of material furnished,
work performed, and rate of progress of work performed by the construction contractor.
6. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable.
8. Prepare field records, daily reports of force account worked, and other payment source
documents to help facilitate administration of the Project in accordance with funding agency
requirements.
9. Attend and actively participate in regular on-site meetings.
KBA, Inc. June 10, 2020
\\arlington\city\PW_Admin\Contracts\KBA\06_204th Roundabout\Exhibit-A-SCOPE-Arlington-204th-v4 (Rev_JXK).docx\\Kba-server\kba-
data\Projects\Contracts\Client\Arlington\BP-18-081-01 Arlington 204th Roundabout\Drafts&NegotiationRecords\In-houseDrafts\Exhibit-A-SCOPE-Arlington-204th-v4.docx4 of
6
10. Take periodic digital photographs during the course of construction. Photographs to be
labeled and organized in accordance with Client protocol.
11. Punch List. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a ‘punch list’ of items to be completed or corrected. Coordinate final
inspection with those agencies.
12. Testing. Cause to be conducted, materials and laboratory tests. Coordinate the work of the
Field Representative(s) and testing laboratories in the observation and testing of materials
used in the construction; document and evaluate results of testing; and inform Client and
construction contractor of deficiencies.
Deliverables
IDRs with Project photos – submitted on a weekly basis
Field Note Records and Daily Reports of Force Account Worked
Additional Project photos not included on IDRs
Punch List(s)
Test reports
E. Assumptions
1. Budget:
a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted from June 22, 2020 through early December 2020.
This is intended to span the originally planned construction duration of 90 contractor
working days, plus time allotted for Project setup and closeout. Overtime has not been
figured into the budget.
b. Consultant will work up to the limitations of the authorized budget. If additional budget is
needed to cover such instances as the following, Client and Consultant will negotiate a
supplement to this Agreement:
i. The contractor’s schedule requires inspection coverage of extra crews and shifts.
ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks.
iv. The work is anticipated to be performed during daytime hours. Should night work be
necessary, a 15 percent differential for labor will be applied to all night shift hours
worked by Consultant’s employees.
c. The budget allocations shown on Exhibit B are itemized to aid in Project tracking
purposes only. The budget may be transferred between people, or between labor and
expenses, provided the total contracted amount is not exceeded without prior
authorization.
d. The budget assumes that Consultant’s standard forms, logs, and processes will be used
on the Project SharePoint site. Any customization to meet specialized Client
requirements will be Extra Work.
e. Should Consultant’s level of effort extend beyond the time period detailed in the attached
Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1,
with 30-day written notice to Agency.
2. Items and Services Client will provide:
a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare
and distribute meeting notes from pre-bid meeting(s), if any.
b. Field office, including:
i. workstations (desk, chair, and storage) for two staff
KBA, Inc. June 10, 2020
\\arlington\city\PW_Admin\Contracts\KBA\06_204th Roundabout\Exhibit-A-SCOPE-Arlington-204th-v4 (Rev_JXK).docx\\Kba-server\kba-
data\Projects\Contracts\Client\Arlington\BP-18-081-01 Arlington 204th Roundabout\Drafts&NegotiationRecords\In-houseDrafts\Exhibit-A-SCOPE-Arlington-204th-v4.docx5 of
6
ii. conference table and chairs
iii. combination printer/copier/scanner machine with these capabilities: 11x17 si ze, color
iv. high speed, dedicated connection, preferably with a static IP miscellaneous office
supplies
v. utilities and sanitary facilities
c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final
record drawings.
d. Coordination with and enforcement of utility franchise agreements and/or contracts and
schedules for services related to this Project.
e. Verify that the required permits, bonds, and insurance have been obtained and submitted
by the construction contractor. Obtain all permits not required to be provided by
construction contractor.
f. Construction Survey. Provide project control survey and staking that is not already
assigned to the construction contractor.
3. Scope:
a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA,
Inc.), and may not be used by any other party or on any other project without the written
permission and involvement of KBA, Inc.
b. Consultant will provide inspection services for the days/hours that its’ Inspector(s)
personnel is/are on-site. The Inspector(s) will not be able to observe or report
construction activities, or collect documentation, during the time they are not on-site.
c. The Consultant’s monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non-conforming work and pursue the
other remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractor’s performance, and it is
understood that Consultant shall assume no responsibility for proper construction means,
methods, techniques, Project site safety, safety precautions or programs, or for the failure
of any other entity to perform its work in accordance with laws, contracts, regulations, or
Client’s expectations.
d. Definitions and Roles. The use of the term “inspect” in relation to Consultant services is
synonymous with “construction observation,” and reference to the “Inspector” role is
synonymous with “Field Representative,” and means: performing on-site observations of
the progress and quality of the Work and determining, in general, if the Work is being
performed in conformance with the Contract Documents; and notifying the Client if Work
does not conform to the Contract Documents or requires special inspection or testing.
Where “Specialty Inspector” or “specialty inspection” is used, it refers to inspection by a
Building Official or independent agent of the Building Official, or other licensed/certified
inspector who provides a certified inspection report in accordance with an established
standard.
e. Because of the prior use of the Project site, there is a possibility of the presence of toxic
or hazardous materials. Consultant shall have no responsibility for the discovery,
presence, handling, removal or disposal of toxic or hazardous materials, or for exposure
of persons to toxic or hazardous materials in any form at the Project site, including but
not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic
substances. If the Consultant suspects the presence of hazardous materials, they will
notify the Client immediately for resolution.
f. Review of Shop Drawings, samples, and other submittals will be for general conformance
with the design concept and general compliance with the requirements of the contract for
KBA, Inc. June 10, 2020
\\arlington\city\PW_Admin\Contracts\KBA\06_204th Roundabout\Exhibit-A-SCOPE-Arlington-204th-v4 (Rev_JXK).docx\\Kba-server\kba-
data\Projects\Contracts\Client\Arlington\BP-18-081-01 Arlington 204th Roundabout\Drafts&NegotiationRecords\In-houseDrafts\Exhibit-A-SCOPE-Arlington-204th-v4.docx6 of
6
construction. Such review will not relieve the Contractor from its responsibility for
performance in accordance with the contract for construction, nor is such review a
guarantee that the work covered by the shop drawings, samples and submittals is free of
errors, inconsistencies or omissions.
g. Any opinions of probable construction cost provided by the Consultant will be on the
basis of experience and professional judgment. However, since Consultant has no
control over competitive bidding or market conditions, the Consultant cannot and does
not warrant that bids or ultimate construction costs will not vary from these opinions of
probable construction costs.
h. Development of construction schedules and/or sequencing, and/or reviewing and
commenting on contractor’s schedules, is for the purpose of estimating number of days to
complete a project, and for identifying potential schedule and coordination challenges
and determining compliance with the construction contract. It is not a guarantee that a
construction contractor will complete the Project in that sequence or timeline, as means
and methods are the responsibility of the construction contractor.
i. Consultant is not responsible for any costs, claims or judgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional
quality or technical adequacy or accuracy of the design plans or specifications, nor for
their timely completion by others.
j. Consultant’s indemnity and defense obligations are limited to the extent of those
damages directly caused by the negligent acts, errors, or omissions of the Consultant.
Any damages and/or costs that may be recovered shall be limited to the total amount
authorized of Consultant’s insurance required for this Project.
k. RCW 4.24.115 is applicable to Consultant’s services provided under this Agreement.
l. Services provided by the Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances, in the same geographical
area and time period. Nothing in the Agreement is intended to create, nor shall it be
construed to create, a fiduciary duty owed by either party to the other. Consultant makes
no warranties, guarantees, express or implied, under this Agreement or otherwise in
connection with Consultant’s services.
m. Client agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to Client, after an
acceptance period of 30 days after delivery of the electronic files , because data stored on
electronic media can deteriorate undetected or can be modified without Consultant’s
knowledge.
n. Consultant will not be liable for any damage to the field office premises or utilities
provided by Client, unless caused by Consultant’s own negligence.
II. OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget.
Project Name:Arlington 204th Roundabout Month Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20
Client Project No.: P02-467 Days/Mo 22 22 21 21 22 19 22
KBA Project No.: B18081-01 Hr/Mo 176 176 168 168 176 152 176
Contract Type: Cost + Fixed Fee (on DSC only) Extra Work 12% 12% 12% 12% 11% 10% 4%
Date Prepared:dj Hr/Mo 197 197 188 188 195 167 183
Prepared by: Sam Schuyle
Salary Escalation 5%
KBA Labor Hours [90 Contractor Working Days]
Employee Title 2020
Rate
2021
Rate Total Hours 2020 Total Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20
Sam Schuyle (M2) Project Manage $75.24 $79.00 26 26 4 4 4 4 4 4 2
TBD (M1) CA/Project Controls $63.00 $66.15 16 16 4 2 2 2 2 2 2
Micael Serrano (E4) RE/OE $46.00 $48.30 880 880 40 176 168 168 176 132 20
Ian Laursen (T1) Inspecto $25.00 $26.25 760 760 - 120 168 168 176 128 -
Subtotal - KBA Labor Hours 1,682 1,682 48 302 342 342 358 266 24
Direct Expenses
Item Total Costs 2020 Total Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20
Vehicles @ $950/month (plus tax) for RE/OE and Inspecto 8,776$ 8,776 - 1,097 2,194 2,194 2,194 1,097 -
Vehicles @ $6/hour (plus tax) for prorated periods 1,774$ 1,774 - 794 - - - 847 132
Misc: Supplies, Equipment, Copies, Postage 116$ 116 - 24 23 23 23 23 -
Subtotal - Direct Expenses 10,666$ 10,666 - 1,915 2,217 2,217 2,217 1,967 132
Combined Costs
Employee Title 2020
Rate
2021
Rate Total DSC 2020 Total Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20
Sam Schuyle (M2) Project Manage $75.24 $79.00 1,956$ 1,956 301 301 301 301 301 301 150
TBD (M1) CA/Project Controls $63.00 $66.15 1,008$ 1,008 252 126 126 126 126 126 126
Micael Serrano (E4) RE/OE $46.00 $48.30 40,480$ 40,480 1,840 8,096 7,728 7,728 8,096 6,072 920
Ian Laursen (T1) Inspecto $25.00 $26.25 19,000$ 19,000 - 3,000 4,200 4,200 4,400 3,200 -
Direct Salary Costs 62,444$ 62,444 2,393 11,523 12,355 12,355 12,923 9,699 1,196
Overhead (Home) @ 4,970$ 4,970 927 716 716 716 716 716 464
Overhead (Field) @ 86,187$ 86,187 2,666 16,078 17,284 17,284 18,107 13,435 1,333
Subtotal (DSC + OH)153,600$ 153,600 5,986 28,317 30,354 30,354 31,745 23,850 2,993
Fixed Fee (on DSC only) @ 18,733$ 18,733 718 3,457 3,706 3,706 3,877 2,910 359
Subtotal (DSC + OH + Fee)172,334$ 172,334 6,704 31,774 34,061 34,061 35,622 26,760 3,352
Direct Expenses (No Markup)10,666$ 10,666 - 1,915 2,217 2,217 2,217 1,967 132
TOTAL ESTIMATED COSTS 183,000$ 183,000 6,704 33,689 36,278 36,278 37,839 28,727 3,484
Rounded to nearest whole dollar.
CONFIDENTIAL & PROPRIETARY TO KBA, INC.
144.90%
30.00%
6/10/2020
Sc
h
e
d
u
l
e
167.65%
CONSTRUCTION - 110 total working days
CLOSE-OUT
De
t
e
r
m
i
n
a
t
i
o
n
of
H
o
u
r
s
START-UP
Printed: 6/10/2020 1:24 PM \\Kba-server\kba-data\Projects\Contracts\Client\Arlington\BP-18-081-01 Arlington 204th Roundabout\Drafts&NegotiationRecords\In-houseDrafts\Ex-B-Estimate-Arlington-204th-v2
City of Arlington Council Agenda Bill Item: WS #6 Attachment F
June 30, 2020. On May 29, 2020, the Governor issued Proclamation 20 -23.4 prohibiting residential disconnects, refusal to reconnect and charging late fees until July 28, 2020. The attached resolution
RESOLUTION NO. 2020-XXX
RESOLUTION NO. 2020-XXX
A RESOLUTION OF THE CITY OF ARLINGTON
EXTENDING THE UTILITY LATE FEE AND SHUT OFF WAIVER
WHEREAS, on February 29, 2020, the Governor of the State of Washington
proclaimed that a State of Emergency existed in all counties in the State of Washington
due to the outbreak of novel coronavirus (COVID-19); and
WHEREAS, on April 6, 2020 City Council adopted Resolution 2020-004 Authorizing
COVID-19 Economic Relief which waived late fees and shut off for utility customers until
June 30, 2020; and
WHEREAS, on March 29, 2020 the Governor issued Proclamation 20 – 23.4
extending the prohibition on residential disconnects, refusal to reconnect and charging
late fee until July 28, 2020; and
WHEREAS, the City proposes to extend the late fee and shut off waiver to all utility
customers and extend the payment arrangement program through July 28, 2020; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON AS FOLLOWS:
1. Utility Customers:
a. City staff is authorized to extend the late fee and shut off waiver until July 28,
2020.
b. City staff is authorized to extend the payment arrangement program from 10
days to three months. The three-month agreement would be a one-time
agreement which could be entered into through July 28, 2020. No late fees or shut
off would be applied during the payment arrangement period as long as the terms
are being met.
RESOLUTION NO. 2020-XXX
ADOPTED by the City Council and APPROVED by the Mayor this 6th day of July,
2020.
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 #7 Attachment G
also possess a Paramedic certification and authorize the Mayor to sign it.
This temporary agreement set the rate for Captain/Paramedic at 126% of Firefighter/EMT 1st Class ($7,455/month), which equals $9,393/month. The current pay assignment for Captain ($8,946/month) in the Collective Bargaining Agreement is 120% of Firefighter/EMT 1st Class and the current pay assignment for Firefighter/Paramedic 1st Class ($8,350) is 112% of Firefighter/EMT 1st Class.
City of Arlington Council Agenda Bill Item: WS #7 Attachment G
Page 1 of 2
MEMORANDUM OF UNDERSTANDING
by and between
THE CITY OF ARLINGTON, WASHINGTON
and
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3728
CAPTAIN/PARAMEDIC PAY ASSIGNMENT
THIS AGREEMENT is entered into by and between the City of Arlington, Washington,
hereinafter referred to as the City, and the International Association of Firefighters Local 3728,
hereinafter referred to as IAFF.
During the bargaining of the current 2019-2021 collective bargaining agreement the
parties were able to come to an agreement on the use of “floating” captain and firefighter
positions to avoid backfill with a temporary position when a firefighter/EMT attends paramedic
school. Sam Johnston, a firefighter/EMT member of the bargaining unit is attending the new
Snohomish County paramedic training program beginning in 2020, with such training potentially
extending into the first quarter of 2021, necessitating the assignment of a floating captain.
One of the items that remained unresolved regarding such an assignment was when a
paramedic is assigned to the floating captain position. Previously, none of the existing regular
captains were also paramedics. Both the City and Jason Abrahamson had an interest in him
maintaining his paramedic certification and being able to perform such work on the shifts to
which he was assigned as the floating captain during the period stated above.
The parties previously reached the attached MOU agreement titled “JASON
ABRAHAMSON – FLOATING CAPTAIN ASSIGNMENT” as it relates to the pay assignment
Abrahamson received during the period of floating captain assignment, conditioned upon his
successful maintenance and possession of his paramedic certification.
Subsequent to the execution of the MOU on floating captain pay for Jason Abrahamson,
there has been a retirement of one of the regular captains resulting in a pending promotion of
Jason Abrahamson to a regular captain position.
Based on this change in circumstances, the parties have met and conferred and wish to
enter into a new agreement that permanently amends the existing pay plan in the collective
bargaining agreement and replaces the prior executed MOU regarding Abrahamson’s wage
assignment while assigned the floating captain duties:
1. Any paramedic acting as a floating captain, or as a result of promotion to a regular shift
captain position, shall receive 126% of Firefighter 1st Class pay for the period of time as
Page 2 of 2
performing the duties of floating or regular captain, conditioned upon the successful
maintenance and possession of a paramedic certification
2. This MOU Addendum is effective once executed by both parties. No modification to this
MOU is valid unless in writing and signed by the parties, except for any extension as
provided for by the terms herein stated.
3. This MOU shall remain in full force and effect until December 31, 2021, or until such time
as a successor collective bargaining agreement is in place, whichever occurs later.
CITY OF ARLINGTON IAFF
Mayor Barbara Tolbert Greg Koontz, President
Date: Date:
City of Arlington Council Agenda Bill Item: WS #8 Attachment H
General Fund Operating Statement Revenue Charts