HomeMy WebLinkAbout03-26-18 Council Workshop
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Kristin
APPROVAL OF THE AGENDA
Mayor Pro Tem Marilyn Oertle
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Kathy Bullene – Sno‐Isle Libraries ‐ Library Levy Lid Lift
Mayor Barb Tolbert
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Grant acceptance and interlocal agreement for public defense ATTACHMENT A
Staff Presentation: Jonathan Ventura
Council Liaison: Sue Weiss
2. Resolution for application to Puget Sound Regional Council (PSRC) ATTACHMENT B
for Arlington‐Marysville Manufacturing Industrial Center (AMMIC)
designation and proposed interlocal agreement
Staff Presentation: Marc Hayes
Council Liaison: Debora Nelson
3. KBA, Inc. construction management contract ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
4. GeoTest Services, Inc. contract for Arlington Valley Road ATTACHMENT D
Staff Presentation: Jim Kelly
Council Liaison: Mike Hopson
5. Unscheduled ambulance purchase ATTACHMENT E
Staff Presentation: Dave Kraski
Council Liaison: Jesica Stickles
Arlington City Council Workshop
Monday, March 26, 2018 at 7:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403‐3441 or 1‐800‐833‐8388 (TDD only) prior to the meeting date if special accommodations are required.
6. Resolution to declare equipment (Expedition) as surplus and transfer ATTACHMENT F
to Oso Fire Department
Staff Presentation: Kurt Patterson
Council Liaison: Mayor Pro Tem Marilyn Oertle
7. Resolution declaring equipment (Impala) as surplus ATTACHMENT G
Staff Presentation: Kurt Patterson
Council Liaison: Mayor Pro Tem Marilyn Oertle
8. February 2018 Financial Report ATTACHMENT H
Staff Presentation: Kristin Garcia
9. Miscellaneous council items
SPECIAL MEETING – ACTION WILL BE TAKEN
1. Termination of police impound lot lease ATTACHMENT I
Staff Presentation: Steve Peiffle
Council Liaison: Marilyn Oertle
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
COUNCILMEMBER REPORTS
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
City of Arlington
Council Agenda Bill
Item:
WS #1
Attachment
A
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
Interlocal Agreement with City of Lake Stevens and acceptance of Public Defense Grant
ATTACHMENTS:
Interlocal Agreement, Grant Application, Grant Award, Program Report from 2017
DEPARTMENT OF ORIGIN
Police
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: Professional Services
BUDGETED AMOUNT: $7,080
LEGAL REVIEW:
DESCRIPTION:
Council is asked to enter into an Interlocal Agreement with the City of Lake Stevens to accept a Public
Defense Grant of $50,000 over two‐years (2018‐2019) to provide indigent defense social services.
HISTORY:
In 2017, the Arlington Police Department participated in a pilot grant project to establish a social
service program for public defense clients of the cities of Lake Stevens and Arlington. The program
identifies clients that benefit from social services allowing defense attorneys to spend more time on
legal defense work. Clients working with a social worker can benefit from decreased jail time and
decreased recidivism. This saves our tax paying community money (arrest, prosecution, defense,
medical, and incarceration). In 2017 Arlington and Lake Stevens experienced a recidivism rate of
35% whereas Marysville, which did not participate in the program, experienced a recidivism rate of
67%. This grant opportunity has been increased to $50,000 and extends through 2019.
ALTERNATIVES:
Take no action
RECOMMENDED MOTION:
Workshop; discussion only.
Interlocal Agreement – 2018 Lake Stevens and Arlington 1
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into this date by and
between the CITY OF LAKE STEVENS, a Washington municipal corporation (“CLS”), and the
CITY OF ARLINGTON, a Washington municipal corporation (“CA”), sometimes collectively
referred to as the “Parties”.
RECITALS
A. The Parties are public agencies, as defined in RCW 39.34.020(1) that wish to enter into an
Agreement pursuant to Chapter 39.34 RCW, the Washington Interlocal Cooperation Act.
B. The Parties have obtained a grant from the Office of Public Defense (the “Grant”) and CLS
has entered into a Professional Services Agreement with Feldman & Lee, P.S.(the “PSA”)
for a public defense social services program (the “Program”).
C. The Parties need to memorialize between them the manner of administration of the Grant
and the PSA and the operation of the Program.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the
adequacy and receipt of which are hereby acknowledged, the Parties hereby agree as follows:
AGREEMENT
1. Incorporation. The Recitals set forth above are by this reference incorporated into this
Agreement and are binding commitments and representations of the Parties.
2. Administration. CLS shall be the lead agency and be responsible for receipt of Grant
funding, receipt of city match funding, for administering the Program and the PSA. CLS will do
all reporting required by the Grant, monitor and enforce performance under the PSA, and using
grant and match funding only, pay all bills and obligations related to the Grant and the PSA.
2.1. The Parties agree to create a Review Committee (the “Committee”) which will
consist of two (2) individuals, one appointed by CLS and one appointed by CA. Any issues related
to performance under this Agreement shall be referred to the Committee for resolution.
2.2. It is anticipated that there may be an interim report or inquiries by the consultant
under the PSA. If CLS is uncertain how to administer the Program as a result of the report or
inquiry it may refer the issue to the Committee. The Committee agrees to meet or discuss the
progress of the Program at any time upon the request of either Party. All written communications
of the Committee shall be available to the Parties.
3. Funds for the Program. The funds for the Program shall be the annual Grant proceeds in
the amount of $25,000.00 and the local match of $11,800. CA shall pay 60% of the local match
funds, being $7,800.00 directly to Feldman & Lee, P.S. within thirty (30) days of invoice for the
Interlocal Agreement – 2018 Lake Stevens and Arlington 2
match funds. CLS shall pay 40% of the local match funds, being $4,720.00 in addition to the grant
funds within (30) days of invoice from Feldman & Lee, P.S.
4. Services under PSA. The services under the PSA shall be equally available to both parties
to improve their indigent defense services.
5. Termination. This Agreement shall conclude on December 31, 2019, and terminate when
closeout of all obligations under the Grant have occurred and been accepted by the granting
agency. Provided however, this Agreement may be terminated by either party in the event the grant
funding is discontinued or not received or if the portion which is to be match funding if is not
appropriated through the budget process of either party. In the event of termination, any unused
funding shall be returned in proportion to the contributions of each party after payment of all
expenses.
6. Powers. The Parties warrant that each holds the power, authority and/or authorization as
required by applicable law to enter into this Agreement.
7. Severability. In the event that any provision in this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provision shall be enforced and invalidated
to the extent permitted by law. All provisions of this Agreement are severable and the
unenforceability or invalidity of a single provision hereof shall not affect the remaining provisions.
8. Applicable Law; Recording-Posting. This Agreement shall be governed by the laws of
the state of Washington, and the venue of any dispute under this Agreement shall be in Snohomish
County. The Parties agree to either record this Agreement with the Snohomish County Auditor or
to electronically post a copy of this Agreement on their respective websites. If recorded, CLS shall
be responsible to use Program funds for the costs to record this Agreement. Each Party shall be
responsible for the costs of electronically posting this Agreement on their respective websites.
9. No Entity Created. The Parties agree that there is no separate organization or
administrative entity created or necessitated by this Agreement. Nothing herein shall be deemed
the creation of a partnership or similar entity between the Parties.
10. Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by,
the Parties, and the language in all parts of this Agreement shall, in all cases, be construed
according to its fair meaning and not strictly for or against either party.
11. Notice. Any notice required by this Agreement shall be sent to:
City of Lake Stevens City of Arlington
PO Box 257 238 N. Olympic Avenue
Lake Stevens, WA 98258 Arlington, WA 98223
Attn: City Clerk Attn: City Clerk
Interlocal Agreement – 2018 Lake Stevens and Arlington 3
12. Entire Agreement. This Agreement represents the entire and integrated agreement
between the City and the Port regarding the subject matter hereof and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement shall not be
altered, amended or modified in any way unless such modification, alteration or amendment is
reduced to writing, mutually agreed upon and signed by both Parties. The “effective date of this
Agreement” shall be deemed to be the date of the last signature set forth below. However, the
effective date of the Program is January 1, 2018.
IN WITNESS WHEREOF, the Parties have signed this Agreement the day and year written
below.
CITY OF LAKE STEVENS CITY OF ARLINGTON
By: By:
Mayor Mayor
Dated: Date:
Approved as to Form: Approved as to Form:
_________________________________ _________________________________
Grant Weed, City Attorney Steven Peiffle, City Attorney
Attest: Attest:
_________________________________ _________________________________
Kathy Pugh, City Clerk City Clerk
City of Arlington
Council Agenda Bill
Item:
WS #2
Attachment
B
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
Resolution authorizing joint submittal of application to PSRC for designation of the AMMIC as a
regional center, and authorizing an Interlocal Agreement with the City of Marysville.
ATTACHMENTS:
Resolution, Interlocal Agreement
DEPARTMENT OF ORIGIN
Community and Economic Development
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: 0
BUDGETED AMOUNT: 0
LEGAL REVIEW:
DESCRIPTION:
Puget Sound Regional Council (PSRC) requires that a joint application from the City of Marysville and
the City of Arlington be submitted for the designation of the Arlington Marysville Manufacturing
Industrial Center as a “Regional Center”, PSRC also requires that both Cities enter into an Interlocal
Agreement for both the application submittal and the joint planning of the AMMIC area.
HISTORY:
The Subarea planning process for the Arlington Marysville Manufacturing Industrial Center has
already been initiated jointly by both cities, through a grant from the Community and Economic
Revitalization Board (CERB). This Interlocal Agreement and Resolution is the next step in fulfilling
the requirements of the Puget Sound Regional Council in the designation process.
ALTERNATIVES:
Approve or remand back to staff for additional information.
RECOMMENDED MOTION:
Workshop; discussion only. At the April 2, 2018 council meeting, the recommended motion will be,
“I move to approve the Interlocal Agreement with the City of Marysville and the resolution
authorizing the joint subarea planning and submittal of application to Puget Sound Regional Council
for the designation of the Arlington Marysville Manufacturing Industrial Center.
RESOLUTION NO. 2018-XXX 1
RESOLUTION NO. 2018-XXX
A RESOLUTION OF THE CITY OF ARLINGTON AUTHORIZING THE SUBMITTAL OF
AN APPLICATION TO THE PUGET SOUND REGIONAL COUNCIL FOR THE
DESIGNATION OF THE ARLINGTON MARYSVILLE MANUFACTURING INDUSTRIAL
CENTER AS A “REGIONAL CENTER” AND AUTHORIZING AN INTERLOCAL
AGREEMENT WITH THE CITY OF MARYSVILLE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON AS FOLLOWS:
WHEREAS, the cities of Arlington and Marysville have been working together to have the
Arlington Marysville Manufacturing Industrial Center recognized by the Puget Sound Regional
Council as a Regional Center for Manufacturing and Industrial uses; and
WHEREAS, the Puget Sound Regional Council has criteria which will allow the Arlington
Marysville Manufacturing Industrial Center to be recognized as a “Regional Center; and
WHEREAS, the City of Arlington in its Comprehensive Plan, planning goal PL-15.55 gives
direction to pursue a Manufacturing Industrial Center with the City of Marysville; and
WHEREAS, the Snohomish County Countywide Planning Policies adopted by the Snohomish
County Council has policy ED-16 which identifies the Arlington Marysville Manufacturing
Industrial Center as a candidate for regional designation as a Manufacturing/Industrial Center;
and
WHEREAS, the Puget Sound Regional Council requires that the City of Marysville and the City
of Arlington enter into an interlocal agreement to submit the application and committing to
planning of the area;
WHEREAS, the Puget Sound Regional Council requires that the cities of City of Marysville and
the City of Arlington adopt resolutions authorizing the submittal of an application for the
designation of the Arlington Marysville Manufacturing Industrial Center as a “regional center”;
and
WHEREAS, the designation of the Arlington Marysville Manufacturing Industrial Center is
consistent with the City of Arlington Comprehensive Plan;
RESOLUTION NO. 2018-XXX 2
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON, WASHINGTON:
Section1: The City Council authorizes the submittal of an application, in partnership
with the City of Marysville to the Puget Sound Regional Council for the designation of the
Arlington Marysville Manufacturing Industrial Center as a “regional center”.
Section 2: That the Mayor is authorized to execute the Interlocal Agreement, attached
hereto as Exhibit A, to present to the Puget Sound Regional Council along with this resolution as
a part of the application submittal.
APPROVED by the Mayor and City Council of the City of Arlington this ______ day of
____________________, 2018.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
INTERLOCAL AGREEMENT BETWEEN THE CITY OF ARLINGTON AND THE
CITY OF MARYSVILLE REGARDING SUBMITTAL OF AN APPLICATION TO
DESIGNATE THE ARLINGTON-MARYSVILLE MANUFACTURING INDUSTRIAL
CENTER AS A “REGIONAL MANUFACTURING INDUSTRIAL CENTER” AND TO
JOINTLY DEVELOP A STUDY / PLAN FOR THE CENTER
WHEREAS, the cities of Arlington and Marysville have adjacent manufacturing and industrial areas
which we have been working together to be recognized as a regional manufacturing industrial center; and
WHEREAS, the cities have worked cooperatively to create an Arlington Marysville Manufacturing
Industrial Center for family wage jobs and for existing businesses to grow and new business to locate and
expand; and
WHEREAS, the Arlington Marysville Manufacturing Industrial Center is recognized by Snohomish
County and the Snohomish County Tomorrow cooperative countywide planning group; and
WHEREAS, the Snohomish County Countywide Planning Policies adopted by the Snohomish County
Council has policy ED-16 which identifies the Arlington Marysville Manufacturing Industrial Center as a
candidate for regional designation as a Manufacturing/Industrial Center; and
WHEREAS, the Puget Sound Regional Council is working on an update to the regional centers
framework; and
WHEREAS, the new path created by the updated regional centers framework will allow for Arlington
Marysville Manufacturing Industrial Center to be recognized; and
WHEREAS, the cities worked jointly to pay for and to hire a consultant who prepared a market study
dated August 2016, which will help in the application process to designate the Manufacturing Industrial
Center; and
WHEREAS, the cities are working jointly on a study / plan for the Arlington Marysville Manufacturing
Industrial Center to the standards of the Puget Sound Regional Council and the Community Economic
Revitalization Board who is helping to fund the study / plan; and
WHEREAS, the cities desire and recognize the need to jointly plan for the Arlington Marysville
Manufacturing Industrial Center to be consistent with the Growth Management Act, VISION 2040 and
the updated VISION 2050 plans, Snohomish County-wide Planning Policies, and our respective
comprehensive plans; and
WHEREAS, the Cities agree to share responsibility for the delivery of the joint application; and
WHEREAS, each city agrees that their respective staffs will participate in preparing the application for a
Regional Manufacturing Industrial Center designation by providing data collection and analysis,
preparing documentation, and participating as needed to get the recognition: and
WHEREAS, each city agrees to work together to produce, with the selected consultant BERK Consulting
LLC, a study / plan for Arlington Marysville Regional Manufacturing Industrial Center designation by
providing data collection and analysis, preparing documentation, and participating as needed to get the
study / plan adopted and submitted to the Puget Sound Regional Council:
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
PURPOSE
The purpose of this agreement is explained in the recitals, which are adopted as part of this agreement.
SCOPE OF AGREEMENT
1. The cities of Arlington and Marysville agree to work together to produce and submit an
application to the Puget Sound Regional Council for recognition of the Arlington Marysville
Manufacturing Industrial Center as a “Regional Manufacturing Industrial Center”.
2. The cities also will work together to produce a study / plan for the Arlington Marysville
Manufacturing Industrial Center to be submitted to the Puget Sound Regional Council as a part of
their requirements to be recognized as a “Regional Manufacturing Industrial Center”.
3. The cities will continue to work together in the future on the development of the Arlington
Marysville Manufacturing Industrial Center to help it grow and be a place for family wage jobs
and manufacturing industrial uses.
NO SEPARATE ENTITY
No separate entity is created by this agreement. The Marysville Director of Community Development
and the Arlington Director of Community and Economic Development shall be responsible for carrying
out this joint undertaking.
JOINT PROPERTY
No real or personal property will be acquired, held, or disposed of except for the work product and
materials created and at least one copy of those materials will be provided to each party to this agreement.
DURATION
This agreement shall be effective upon execution by each party and shall remain in full force and effect
unless terminated as provided in the termination clause of this agreement.
HOLD HARMLESS
Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its
officers, employees and agents. No party to this Agreement shall be responsible for the acts and/or
omissions of entities or individuals not a party to this Agreement.
TERMINATION
This Agreement may be terminated upon mutual agreement between the parties, or upon the denial of
Regional Manufacturing Industrial Center designation by the Puget Sound Regional Council.
SEVERABILITY
If any provision of the Agreement shall be held invalid, the remainder of the Agreement shall not be
affected thereby if such remainder would then continue to serve the purposes and objectives of both
parties.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties.
DATE: ________________________ DATE: _______________________
_______________________________ ______________________________
MAYOR JON NEHRING MAYOR BARBARA TOLBERT
MARYSVILLE ARLINGTON
Attest: Attest:
____________________________ _______________________________
Tina Brock Kristin Banfield
Deputy Clerk City Clerk
Approved as to form: Approved as to form:
_______________________________ ________________________________
Jon Walker, City Attorney Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
C
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
Contract with KBA, Inc. for construction management (CM) services for Arlington Valley Road
project
ATTACHMENTS:
KBA, Inc. Construction Management Scope of Work and Fee
DEPARTMENT OF ORIGIN
Public Works
EXPENDITURES REQUESTED: $370,400.00
BUDGET CATEGORY: Transportation/Water/Sewer/Storm Funds
BUDGETED AMOUNT: $3,796,400.00 (entire project)
LEGAL REVIEW:
DESCRIPTION:
Proposal to review and accept Scope of Work and Fee for KBA, Inc. to provide construction
management services to support the Arlington Valley Road Project.
HISTORY:
The City is contracting with Scarcella Brothers, Inc. for construction of the Arlington Valley Road
Project. This is a very large project with multiple agencies and multiple funding sources, the City
does not have sufficient staff to manage this project full time and will be contracting out for
Construction Management (CM) services.
City staff reviewed qualifications from several consultants, rated the consultants, and has elected to
enter into negotiations with KBA, Inc. The attached scope of work and fee is the result of those
negotiations and will provide sufficient CM services to see this project from start‐up through close
out.
ALTERNATIVES:
Do not approve the contract for construction management.
Remand to staff for further information.
RECOMMENDED MOTION:
Workshop; discussion only. At the April 2, 2018 council meeting the motion will be “I move to
approve the contract with KBA, Inc. for construction management of the Arlington Valley Road
project and authorize the mayor to sign the contract, pending final review by the city attorney.”
KBA, Inc. March 12, 2018
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EXHIBIT A
SCOPE OF SERVICES
Construction Management Services
for
Arlington Valley Road
Contract No.
KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Arlington
(Agency) for the Project known as Arlington Valley Road. 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 Project consists of constructing approximately 3,800 linear feet of roadway,
including excavation, grading, paving, sidewalk, trail, drainage, utilities, pavement markings, illumination,
fencing, and landscaping. The Designer of Record is Reid-Middleton.
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 Agency and use those modes.
Liaison and coordinate with Agency on a regular basis to discuss Project issues and status.
2. Review monthly expenditures and CM team scope activities. Prepare and submit to Agency
monthly, an invoice and progress report describing CM services provided that month.
Deliverables
Monthly invoices and progress reports
B. Construction Phase Services – Contract Administration
1. Liaison with the Agency, construction contractor, appropriate agencies, property owners, and
utilities.
2. Provide the Agency with brief monthly construction progress reports, highlighting progress
and advising of issues which are likely to impact cost, schedule, or quality/scope.
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 Agency of schedule changes.
4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction
contractor, including Agency pre-briefing. Prepare 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. Maintain Records of Materials (ROM) and record documentation
received, track required materials testing, and advise of any known deficiencies.
7. Prepare weekly statement of working days and distribute to the Agency, 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.
KBA, Inc. March 12, 2018
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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 and/or review payment
requests submitted by the construction contractor. Review with Agency 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 noncompliance with Contract Plans and Specifications.
13. Assist the Agency in the investigation of malfunctions or failures during construction.
14. Public Information. Provide information for Agency to prepare media communications and
public notices on Project status. Provide information for Agency’s inclusion into a Project
website and/or newsletters, if requested.
15. 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.
16. Document Control. Establish and maintain document filing and tracking systems, following
Agency 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 Agency and contractor will be provided with
up to 1 each license for their and the construction contractor’s use of the SharePoint
website during the Project. Consultant will provide one combined training session for
Agency and construction contractor users of the SharePoint system.
17. Project Closeout. Prepare Letters of Substantial (including punch list), Physical, and Final
Completion for Agency approval and signature. Prepare final pay estimate for Agency
review and approval and processing.
18. Final Records. Compile and convey final Project records, transferring to the Agency 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 Progress Reports
Schedule Review Comments
Meeting Agendas and Notes
Submittal Log
Record of Materials
RFI Log
Change Order(s)
Progress Pay Requests
Letters of Completion
Final records – hard copy and electronic
C. Construction Phase Services – Field
1. Inspect the technical conduct of the construction, including providing day-to-day contact with
the construction contractor, Agency, utilities, and other stakeholders, and monitor for
KBA, Inc. March 12, 2018
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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. Inspect material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes. Advise the Agency 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, and other pertinent information.
4. Interpret Construction Contract Documents, in coordination with Designer of Record.
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 Note records and documents to help facilitate administration of the Project in
accordance with funding agency requirements.
9. Prepare Daily Records of Force Account Work (Force Account) for work not measured by unit
or lump sum.
10. Attend and actively participate in regular on-site meetings.
11. Take periodic digital photographs during the course of construction.
12. Punch List. Upon substantial completion of work, coordinate with the Agency and affected
agencies, to prepare a ‘punch list’ of items to be completed or corrected. Coordinate final
inspection with those agencies.
13. Testing. Conduct or cause to be conducted, materials and laboratory tests. Coordinate the
work of the Field Representative(s) and testing laboratories in the observation and testing of
materials used in the construction; document and evaluate results of testing; and inform
Agency, and construction contractor of deficiencies.
Deliverables
IDRs with Project photos – submitted on a weekly basis
Punch List(s)
Test reports
Field Note Records
Daily Records of Force Account Worked
D. Assumptions
1. Budget:
a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted for a 195 day period, from April 2, 2018 through
January 8, 2019. This is intended to span the originally planned 180 construction
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, Agency and Consultant will negotiate a
supplement to this Agreement:
i. The contractor’s schedule requires inspection coverage of extra crews and shifts.
KBA, Inc. March 12, 2018
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ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks.
iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms
as outlined in Section V. of the Prime LAG Agreement.
v. 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 staff.
c. The budget allocations shown on Exhibit B are itemized to aid in Project tracking
purposes only. The budget may be transferred between tasks or 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 Agency
requirements will be Extra Work.
2. Items and Services Agency 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
ii. conference table and chairs
iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color
iv. miscellaneous office supplies
v. utilities and sanitary facilities
c. 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 Agency, 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
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of any other entity to perform its work in accordance with laws, contracts, regulations, or
Agency’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 Agency 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 Agency 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
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. If Consultant provides Value Analysis or Value Engineering services, it is understood that
any ideas, advice, or recommendations generated by the Consultant are made based
only on the information presented to them, and need engineering analysis by the Agency
to verify; Consultant is not responsible for the final design product.
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.
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m. Agency agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to Agency, 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 office premises or utilities provided by
Agency, unless caused by Consultant’s own negligence.
o. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement,
KBA will perform services under the following assumptions, and such assumptions are
assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE
will identify each and any item considered to be “State’s Confidential Information” as
“confidential”, as detailed below. Any information received by CONSULTANT that is not
so labeled, will be assumed by CONSULTANT to not be “State’s Confidential
Information”. CONSULTANT will return all items pre-identified as State’s Confidential
Information, to the AGENCY, and will not be required to take any other steps to protect
that information.
II. OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the Agency, will be performed only when a mutually negotiated Supplement to this
Agreement is executed, specifying scope of services and budget.
Project Name:Arlington Valley Rd Month Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19
Client Project No.: TBD Days/Mo 21 22 21 21 23 19 23 20 20 22
KBA Project No.:BP 14-118-01 Hr/Mo 168 176 168 168 184 152 184 160 160 176
Contract Type: Cost & Net Fee (on DSC only) Extra Work 11% 12% 12% 12% 12% 12% 11% 10% 4% 6%
Date Prepared:Adj Hr/Mo 186 197 188 188 206 170 204 176 166 187
Prepared by:Sam Schuyler
Salary Escalation 5%Start-Up
KBA Labor Hours
Employee Title 2018
Rate
2019
Rate*Total Hours 2018 Total 2019 Total Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19
K. Adams (M4) Principal in Charge $259.31 $272.27 4 4 - 1 - 1 - - 1 - 1 - -
Sam Schuyler (M2) Project Manager $208.96 $219.41 85 81 4 9 9 9 9 9 9 9 9 9 4
Jennifer Payne (A5) Contract Admin $113.89 $119.58 16 12 4 4 1 1 1 1 1 1 1 1 4
Rosalie Wu (E5) RE (80%)$155.52 $163.29 1,256 1,216 40 134 141 134 134 147 122 147 128 128 40
Dane Setzer (E2) Inspector (FTE)$85.89 $90.18 1,560 1,520 40 168 176 168 168 184 152 184 160 160 40
Subtotal - KBA Labor Hours 2,921 2,833 88 316 327 313 312 341 285 341 299 298 88
Direct Expenses
Item Total Costs 2018 Total 2019 Total Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19
Vehicles @ $6.62/hour (plus tax) for RE & Inspector, and Mileage for PM 19,651$ 19,048 602 2,106 2,201 2,106 2,106 2,297 1,915 2,297 2,011 2,011 602
Misc: Supplies, Equipment, Copies, Postage 261$ 237 24 30 30 30 25 25 25 24 24 24 24
Subtotal - Direct Expenses 19,912$ 19,285 626 2,136 2,231 2,136 2,131 2,322 1,940 2,321 2,035 2,035 626
Combined Costs
Employee Title 2018
Rate
2019
Rate*Total DSC 2018 Total 2019 Total Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19
K. Adams (M4) Principal in Charge $259.31 $272.27 1,037$ 1,037 - 259 - 259 - - 259 - 259 - -
Sam Schuyler (M2) Project Manager $208.96 $219.41 17,803$ 16,926 878 1,881 1,881 1,881 1,881 1,881 1,881 1,881 1,881 1,881 878
Jennifer Payne (A5) Contract Admin $113.89 $119.58 1,845$ 1,367 478 456 114 114 114 114 114 114 114 114 478
Rosalie Wu (E5) RE (80%)$155.52 $163.29 195,643$ 189,111 6,532 20,902 21,897 20,902 20,902 22,892 18,911 22,892 19,906 19,906 6,532
Dane Setzer (E2) Inspector (FTE)$85.89 $90.18 134,160$ 130,553 3,607 14,430 15,117 14,430 14,430 15,804 13,055 15,804 13,742 13,742 3,607
Loaded Salary Costs 350,488$ 338,993 11,495 37,927 39,008 37,585 37,326 40,691 34,220 40,691 35,903 35,643 11,495
Direct Expenses (No Markup)19,912$ 19,285 626 2,136 2,231 2,136 2,131 2,322 1,940 2,321 2,035 2,035 626
TOTAL ESTIMATED COSTS 370,400$ 358,279 12,122 40,063 41,239 39,721 39,457 43,012 36,160 43,011 37,937 37,678 12,122
* 2018 Rates are Direct Salary Costs (DSC). 2019 Rates noted for Estimating purposes are calculated on 5% escalation. Actual 2019 DSC rates will be billed for 2019 and will not exceed the rates noted above.
Rounded to nearest whole dollar.
CONFIDENTIAL & PROPRIETARY TO KBA, INC.
CONSTRUCTION
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Printed: 3/12/2018 3:21 PM S:\Projects\Contracts\Client\Arlington\BP 14-118-01 Arlington-Valley-Rd\Drafts&NegotiationRecords\In-houseDrafts\ArlingtonValleyRoad-Workbook-v10-LOADED-ADJUSTED FEE-2018-0312
City of Arlington
Council Agenda Bill
Item:
WS #4
Attachment
D
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
Contract with GeoTest Services, Inc. for Geotechnical and Materials Testing services to support the
Arlington Valley Road project
ATTACHMENTS:
GeoTest Scope of Work and Fee
DEPARTMENT OF ORIGIN
Public Works ‐ Transportation
EXPENDITURES REQUESTED: $51,750.00
BUDGET CATEGORY: Transportation/Water/Sewer/Storm Funds
BUDGETED AMOUNT: $3,796,400.00 (entire project)
LEGAL REVIEW:
DESCRIPTION:
Proposal to review and accept Scope of Work and Fee for GeoTest Services, Inc to provide
Geotechnical and Materials Testing services to support the Arlington Valley Road project.
HISTORY:
The City is contracting with Scarcella Brothers, Inc. for construction of the Arlington valley road
project. This project will require independent on‐site testing of soils (suitable and unsuitable soils,
import, borrow, placement & compaction, etc.) and materials (concrete and asphalt) to verify compliance
with contract provisions. The City needs to contract for these specialized services.
City staff reviewed qualifications from several geotechnical consultants, rated the consultants, and
has elected to enter into negotiations with GeoTest Services, Inc. The attached scope of work and fee
is the result of those negotiations and will provide sufficient geotechnical and materials testing
services to see this project from start‐up through close
ALTERNATIVES:
Do not approve the contract for materials testing.
Remand to staff for further information.
RECOMMENDED MOTION:
Workshop; discussion only. At the April 2, 2018 council meeting the motion will be “I move to
approve the contract with GeoTest Services, Inc. for geotechnical and materials testing on the
Arlington Valley Road Project and authorize the mayor to sign the contract, pending final review by
the city attorney.”
Proposal #18-170T
March 2, 2018
Arlington Valley Road
Arlington, WA
Construction Testing Cost Estimate
GeoTest Services, Inc
Assumptions:
Assumes a gauge correlation factor will not be used for density testing of asphalt. One can be provided upon request.
Compaction (In-Place Density -
Nuclear Gauge, Soils & Asphalt 1-2,500 CY 100 hours $70 $7,000
Grading (Sieve Analysis, with Wet
Wash)-3 each $125 $375
Moisture Density Relationship
(Proctor)-3 each $175 $525
Compaction (In-Place Density -
Nuclear Gauge, Soils & Asphalt
1-200 LF (per
layer)132 hours $70 $9,240
Grading (Sieve Analysis, with Wet
Wash)1-4000 ton 4 each $125 $500
Sand Equivalent 1-4000 ton 4 each $80 $320
Dust Ratio (equation)1-4000 ton 4 each $0 $0
Compaction (In-Place Density -
Nuclear Gauge, Soils & Asphalt
1-200 LF (per
layer)60 hours $70 $4,200
Grading (Sieve Analysis, with Wet
Wash)1-4000 ton 5 each $125 $625
Sand Equivalent 1-4000 ton 5 each $80 $400
Dust Ratio (Equation) 1-4000 ton 5 each $0 $0
Moisture Density Relationship
(Proctor)-2 each $175 $350
Compaction (In-Place Density -
Nuclear Gauge, Soils & Asphalt
1-1,000 LF (per
layer 60 hours $70 $4,200
Grading (Sieve Analysis, with Wet
Wash)1-2000 ton 4 each $125 $500
Sand Equivalent 1-2000 ton 4 each $80 $320
Fracture 1-2000 ton 4 each $60 $240
Moisture Density Relationship
(Proctor)-1 each $175 $175
Compaction (In-Place Density -
Nuclear Gauge, Soils & Asphalt
1-1,000 LF (per
layer 8 hours $70 $560
Grading (Sieve Analysis, with Wet
Wash)1-2000 ton 1 each $125 $125
Sand Equivalent 1-2000 ton 1 each $80 $80
Fracture 1-2000 ton 1 each $60 $60
Moisture Density Relationship
(Proctor)-1 each $175 $175
Compaction (In-Place Density -
Nuclear Gauge, Soils & Asphalt 1-100 ton 64 hours $70 $4,480
Sand Equivalent 1-2,000 ton 3 each $80 $240
Percent Fracture 1-2,000 ton 3 each $60 $180
Uncompacted Voids - Fine Aggregate 1-2,000 ton 3 each $150 $450
Asphalt Content & Gradation (Ignition
Furnace)1-1,000 ton 5 each $245 $1,225
Maximum Specific Gravity (Rice
Density)1-1,000 ton 5 each $90 $450
Field Technician -40 hours $65 $2,600
Grading - Fine Aggregate (Sieve
Analysis, with Wet Wash)1-1,000 CY 1 each $125 $125
Grading - Course Aggregate (Sieve
Analysis, with Wet Wash)1-1,000 CY 1 each $125 $125
Grading - Combined Aggregate
(Sieve Analysis, with Wet Wash)1-1,000 CY 1 each $125 $125
Compressive Strength - 4" x 8"
Cylinders
1 test every 10
trucks 25 each $25 $625
GeoTest is pleased to submit this cost estimate for the above project.Based on a review of the of material quantities that have been provided
to us,we believe that the costs for construction special inspection and testing will be approximately $51,750 for the scope of work detailed
below (this is the sum of schedule A and B).At this time we have reviewed plans and specifications but not a construction schedule.We
recommend revising this proposal as more information becomes available.
SCHEDULE A - ROADWAY
A12 &
A13 Roadway Excavation 17,000 CY
$7,900
Field time has been estimated based on magnitude of project.
Quantity
Understanding that construction schedules and logistics can vary,we recommend an anticipated budget range of $45,000 to $60,000 for our
services.This is a time and materials estimate intended for budgeting purposes.Our costs are a direct reflection of the project construction
schedule.
GeoTest has not reviewed plans and specifications at this time. We would be happy to revise this proposal as more information becomes available.
TotalSubtotalUnitItemItem
No.
A28 Crushed Surfacing Base Course
$3,600
7,120 TON
$5,435
A31 HMA Cl. 1/2" PG 64-22 4,880 TON
A29 Crushed Surfacing Top Course 980 TON
$1,000
$7,025
A36-
A38 Concrete C & G (500 CY)7,720 LF
A14, B
1 & B9 Trench Backfill (3,605 LF)15,000 TON
A25 Gravel Backfill for Drains (1,535
LF)4,305 TON
$5,575
$10,060
Unit RateQuantityTest Type Test Frequency
Proposal #18-170T
March 2, 2018
Arlington Valley Road
Arlington, WA
Construction Testing Cost Estimate
GeoTest Services, Inc
Field Technician -32 hours $65 $2,080
Grading - Fine Aggregate (Sieve
Analysis, with Wet Wash)1-1,000 CY 1 each $125 $125
Grading - Course Aggregate (Sieve
Analysis, with Wet Wash)1-1,000 CY 1 each $125 $125
Grading - Combined Aggregate
(Sieve Analysis, with Wet Wash)1-1,000 CY 1 each $125 $125
Compressive Strength - 4" x 8"
Cylinders
1 test every 10
trucks 20 each $25 $500
Total Estimated Schedule A Costs $43,550
Compaction (In-Place Density -
Nuclear Gauge, Soils & Asphalt
1-200 LF (per
layer)hours $70 $0
Grading (Sieve Analysis, with Wet
Wash)1-4000 ton each $125 $0
Sand Equivalent 1-4000 ton each $80 $0
Dust Ratio (equation)1-4000 ton each $0 $0
Total Estimated Schedule B Costs $0
Sample Pick Up and Processing (Soils, Concrete, etc.)No Charge 80 hours $65 $5,200
Project Management (QC Project Meetings, Report
Review, etc.)-30 hours $100 $3,000
Trip Charge (5 mi x 0.60/mi =
$3/trip)To the Site and Back to Laboratory No Charge 80 mileage 0 $0
Total Estimated Other Costs $8,200
Total Estimated Schedule A & B Costs
GeoTest's actual costs are a function of the contractors schedule as well as site & material conditions.
A39,
A40,
A60-
A63
Concrete Driveways / Sidewalks /
Traffic Curb (400 CY)
$0
$51,750
Item Unit Rate Subtotal Total
OTHER
$8,200
Test Type Quantity
Unit Rate Subtotal TotalItem
No.Item Quantity Test Type Test Frequency
Unit
Quantity Unit
B 1 &
B9
Included in Schedule A under item
A14 (3,605 lf) of trench backfill
SCHEDULE B - UTILITIES
443 SY
$2,955
GEOTEST SERVICES, INC.
Arlington, Bellingham, Oak Harbor, WA
741 Marine Drive, Bellingham, WA 98225 phone: 360.733.7318 fax: 360.733.7418
20611 – 67th Ave. NE, Unit A, Arlington, WA 98223 phone: 360.435.1141 fax: 360.435.1124
840 SE 8th Ave. – Ste 102, Oak Harbor, WA 98277 phone: 888.251.5276 fax: 360.733.7418
Page 1 of 4
FEE SCHEDULE
2018
ENGINEERING, GEOLOGICAL & ENVIRONMENTAL SERVICES
Senior Geotechnical Engineer ............................................................................................. 180.00 hour
Professional Engineer ......................................................................................................... 140.00 hour
Geotechnical Engineer ........................................................................................................ 140.00 hour
Technical Director ................................................................................................................ 125.00 hour
Staff Engineer ...................................................................................................................... 100.00 hour
Engineering Geologist ......................................................................................................... 100.00 hour
Environmental Professional ................................................................................................. 100.00 hour
Geotechnical Technician ....................................................................................................... 85.00 hour
Geologist ................................................................................................................................ 85.00 hour
CONSTRUCTION INSPECTION SERVICES
Concrete Inspection ............................................................................................................... 65.00 hour
Prestressed Concrete Inspection .......................................................................................... 65.00 hour
Masonry Inspection ............................................................................................................... 65.00 hour
Grout Inspection .................................................................................................................... 65.00 hour
Fireproofing Inspection .......................................................................................................... 65.00 hour
Firestopping Inspection ......................................................................................................... 65.00 hour
Proprietary Anchor Inspection ............................................................................................... 65.00 hour
Lateral Framing Inspection (Wood & Steel) .......................................................................... 70.00 hour
Structural Steel Welding and Bolting Inspection ................................................................... 70.00 hour
In-Place Density - Nuclear Gauge, Soils & Asphalt ............................................................. 70.00 hour
Soils Observation .................................................................................................................. 70.00 hour
CESCL (Certified Erosion & Sediment Control Lead) ........................................................... 70.00 hour
Building Envelope Inspection ................................................................................................ 90.00 hour
CONSTRUCTION SUPPORT SERVICES
QA/QC Inspection Engineer .................................................................................................. 90.00 hour
Field Sampling ....................................................................................................................... 65.00 hour
Field Technician .................................................................................................................... 65.00 hour
Laboratory Technician ........................................................................................................... 75.00 hour
Project Manager .................................................................... …… ..................................... 100.00 hour
SPECIALTY SERVICES
Bolt Pull-out Tests ................................................................................................................. 90.00 hour
Ground Penetrating Radar (GPR) ....................................................................................... 150.00 hour
Pachometer (Magnetic) Rebar Location ................................................................................ 90.00 hour
Concrete & Asphalt Coring .................................................................................................... 90.00 hour
Schmidt Hammer ................................................................................................................... 90.00 hour
Windsor Probe ....................................................................................................................... 90.00 hour
Brick Shear Testing (2 man crew) ....................................................................................... 175.00 hour
Floor Flatness Testing (Dipstick) ......................................................................................... 120.00 hour
Moisture Emission Testing .................................................................................................... 90.00 hour
GEOTEST SERVICES, INC.
Arlington, Bellingham, Oak Harbor, WA
741 Marine Drive, Bellingham, WA 98225 phone: 360.733.7318 fax: 360.733.7418
20611 – 67th Ave. NE, Unit A, Arlington, WA 98223 phone: 360.435.1141 fax: 360.435.1124
840 SE 8th Ave. – Ste 102, Oak Harbor, WA 98277 phone: 888.251.5276 fax: 360.733.7418
Page 2 of 4
FEE SCHEDULE
2018
MATERIALS TESTING
CONCRETE
Compressive Strength - Concrete ........................................................................................... 25.00 ea
Compressive Strength – Concrete (cast by others) ................................................................ 30.00 ea
Compressive Strength - Drilled Cores (includes trimming and testing) ................................... 60.00 ea
Compressive Strength - Sawed Specimens (includes trimming and testing) .......................... 60.00 ea
Shotcrete Panel - 3 Cores Per Panel ..................................................................................... 200.00 ea
Additional Shotcrete Cores ....................................................................................................... 75.00 ea
Flexural Strength - 6" x 6" Beams ............................................................................................ 55.00 ea
Air Dry Unit Weight ................................................................................................................... 35.00 ea
Trimming Specimens – Per End (when required) .................................................................... 15.00 ea
MASONRY
Compressive Strength - Mortar, 2" x 4" Cylinder ...................................................................... 25.00 ea
Compressive Strength - Grout, 4" x 4" x 8" Prism .................................................................... 25.00 ea
Compressive Strength - 2” x 2” Cubes (Cementitious Grout) ................................................. 25.00 ea
Compressive Strength - 2” x 2” Cubes (Epoxy Grout) ............................................................ 30.00 ea
Compressive Strength - Composite Prism ............................................................................. 100.00 ea
Compressive Strength – Masonry Units ................................................................................. 100.00 ea
AGGREGATE
Sieve Analysis, with Wet Wash .............................................................................................. 125.00 ea
Sieve Analysis, Dry Only .......................................................................................................... 75.00 ea
Sieve Analysis, % Passing #200 Sieve .................................................................................... 75.00 ea
Specific Gravity and Absorption - Fine Aggregate ................................................................... 75.00 ea
Specific Gravity and Absorption - Coarse Aggregate ............................................................... 60.00 ea
Uncompacted Voids – Fine Aggregate ................................................................................... 150.00 ea
Unit Weight and Voids .............................................................................................................. 40.00 ea
Sand Equivalent ....................................................................................................................... 80.00 ea
Moisture Content ...................................................................................................................... 35.00 ea
Percent Fracture ....................................................................................................................... 60.00 ea
Organic Impurities Test ............................................................................................................ 60.00 ea
Clay Lumps and Friable Particles ............................................................................................. 80.00 ea
Lightweight Pieces .................................................................................................................... 75.00 ea
Flat/Elongated Particles ............................................................................................................ 80.00 ea
ASPHALT
Asphalt Content & Gradation (Ignition Furnace) .................................................................... 245.00 ea
Maximum Specific Gravity (Rice Density) ................................................................................ 90.00 ea
Asphalt Core Density/Thickness .............................................................................................. 40.00 ea
Marshall Method Test - Flow, Stability, Density & Voids
Hot Mix Furnished, Set of 3 ............................................................................................... 300.00 ea
Lab Mixed, Set of 3 ............................................................................................................ 350.00 ea
GEOTEST SERVICES, INC.
Arlington, Bellingham, Oak Harbor, WA
741 Marine Drive, Bellingham, WA 98225 phone: 360.733.7318 fax: 360.733.7418
20611 – 67th Ave. NE, Unit A, Arlington, WA 98223 phone: 360.435.1141 fax: 360.435.1124
840 SE 8th Ave. – Ste 102, Oak Harbor, WA 98277 phone: 888.251.5276 fax: 360.733.7418
Page 3 of 4
FEE SCHEDULE
2018
SOILS
Sieve Analysis, with Wet Sieve .............................................................................................. 125.00 ea
Sieve Analysis, Dry Only .......................................................................................................... 75.00 ea
Sieve Analysis, % Passing #200 Sieve .................................................................................... 75.00 ea
Sieve Analysis w/ Hydrometer ................................................................................................ 200.00 ea
Moisture Density Relationship (Proctor) ................................................................................. 175.00 ea
Moisture Density Relationship (Proctor) w/ Sieve .................................................................. 245.00 ea
Check Point ......................................................................................................................... 80.00 ea
Moisture Content ...................................................................................................................... 35.00 ea
Atterberg Limits (3 points) ...................................................................................................... 125.00 ea
Specific Gravity ......................................................................................................................... 75.00 ea
Consolidation - 5 Loads .......................................................................................................... 350.00 ea
Permeability - Constant Head or Falling Head (each point) ................................................... 250.00 ea
Organic Content ....................................................................................................................... 80.00 ea
MISCELLANEOUS
Fireproofing Density Test ...................................................................................................... 60.00 ea
Floor Moisture Test Kit ............................................................................................................. 50.00 ea
Windsor Probe Pin (Set of 3) .................................................................................................... 40.00 ea
Whole Building Air Leakage Test ...................................................................................................quote
Window Water Penetration Test .................................................................................................... quote
GeoTest requests 24 hours advance notice for scheduling field services. GeoTest may not be able to
provide service for same day call out.
All GeoTest Services, Inc. (GTS) construction inspection services, construction support services &
specialty services are billed portal to portal. A daily four hour minimum charge applies to construction
inspection & specialty services. Same day cancelations will incur a two-hour minimum charge.
Engineering, Geological, and Environmental Services will be billed in accordance with a project specific
proposal.
GeoTest standard operating hours are 7 AM to 5 PM, Monday through Friday, with the exc eption of
holidays. A premium rate of 1.5 times the standard rate will be charged for all work in excess of 8 hours
per day and Saturdays. Double-time rates will be applied to services provided on Sundays & legal
Holidays.
A one-hour minimum laboratory technician fee will be applied on Saturdays, Sundays & legal H olidays at
1.5 times the regular rate for any laboratory testing services.
Night shift (work outside standard operating hours): An eight (8) hour minimum charge at 1.5 times the
standard rate may apply to such work including same day cancellations. A four (4) hour minimum charge
at 1.5 times the regular rate applies to lab night work.
Trip charge mileage has been waived for this project.
Field testing equipment expenses are included in the hourly rates except where specifically noted on the
fee schedule or a project specific proposal.
Laboratory rush samples (less than 48hr turn-around time) will be invoiced at 1.5 times the standard test
rate.
Rental equipment, reimbursable expenses and subcontractor fees will be invoiced at cost plus 15%.
Unless otherwise agreed, test specimens or samples will be disposed of immediately upon completion of
the test. The ordering of work from GTS shall constitute acceptance of the Fee Schedule, General
Conditions, and any project specific proposal.
City of Arlington
Council Agenda Bill
Item:
WS #5
Attachment
E
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
Unscheduled Ambulance Purchase
ATTACHMENTS:
Proposal from Braun Northwest
DEPARTMENT OF ORIGIN
Fire
EXPENDITURES REQUESTED: $125,000.00
BUDGET CATEGORY: General Fund
BUDGETED AMOUNT: None – Unscheduled Purchase
LEGAL REVIEW:
DESCRIPTION:
Council is asked to consider the emergency replacement of an Emergency Medical Services transport
vehicle
HISTORY:
Unit #AFD‐001E is a 2008 International 4400 ambulance. It has been an ongoing problem for years
with exorbitant maintenance costs. In six (6) months in 2017 we spent $35,550.00 in maintenance
and repairs on this vehicle. Over a three year period from 2015 through 2017 we have spent
$54,500.00 in maintenance and repairs. The vehicle has a current value of $12,000.00 on the resale
market. We are throwing good money after bad to keep this vehicle in the fleet.
ALTERNATIVES:
Take no action; which would place us in a position to have no back‐up EMS vehicle when first line
units go out for scheduled service or have mechanical problems.
RECOMMENDED MOTION:
Workshop; discussion only.
City of Arlington
Council Agenda Bill
Item:
WS #6
Attachment
F
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
Resolution Declaring Equipment (Expedition) as Surplus
ATTACHMENTS:
Resolution and Exhibit A
DEPARTMENT OF ORIGIN
Finance
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
BUDGETED AMOUNT: 0
LEGAL REVIEW:
DESCRIPTION:
The City currently has a vehicle that is beyond its useful life and needs to be declared as surplus in
order to be disposed of via intergovernmental transfer pursuant to RCW 39.33.010.
HISTORY:
The Fire Department has a vehicle that is no longer useful for the City’s purposes. We are proposing
to transfer this vehicle to Snohomish County Fire District 25 (Oso) to augment their fleet.
ALTERNATIVES:
Dispose of by auction.
RECOMMENDED MOTION:
Workshop; discussion only.
RESOLUTION NO. 2018‐xxx
A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING ITS INTERGOVERNMENTAL TRANSFER
WHEREAS, the City has purchased the equipment listed on the attached Exhibit
“A”; and
WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of
The City; and
WHEREAS, the City is proposing to dispose of the surplus equipment by transfer
To Snohomish County Fire District 25 via an intergovernmental transfer pursuant to RCW
39.33.010; and
WHEREAS, the City believes this transfer of equipment is beneficial to the public;
NOW, THEREFORE, the City of Arlington, acting by and through its City
Council, does hereby resolve as follows:
1. The equipment/property described on the attached Exhibit “A” is declared
Surplus to the needs of the City.
2. Staff is instructed to dispose of the property via an intergovernmental transfer
pursuant to RCW 39.33.010.
Passed by the City Council of the City of Arlington at a regular meeting on this
_____day of_____________, 2018.
_____________________________
Barbara Tolbert
Mayor
ATTEST:
_________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
__________________________
Steven J. Peiffle, City Attorney
EXHIBIT A
Item
AFD‐011 2002 Ford Expedition
Serial Number
1FMPU16L02LA68290
City of Arlington
Council Agenda Bill
Item:
WS #7
Attachment
G
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
Resolution Declaring Equipment (Impala) as Surplus
ATTACHMENTS:
Resolution and Exhibit A
DEPARTMENT OF ORIGIN
Finance
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
BUDGETED AMOUNT: 0
LEGAL REVIEW:
DESCRIPTION:
The City currently has a vehicle that is beyond its useful life and needs to be declared as surplus in
order to be properly auctioned off.
HISTORY:
The City has found that the most expedient way to deal with surplus vehicles and equipment is to
utilize the services of an on‐line auction site.
ALTERNATIVES:
None
RECOMMENDED MOTION:
Workshop; discussion only.
RESOLUTION NO. 2018‐xxx
A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, the City has purchased the equipment listed on the attached Exhibit
“A”; and
WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of
The City; and
NOW, THEREFORE, the City of Arlington, acting by and through its City
Council, does hereby resolve as follows:
1. The equipment/property described on the attached Exhibit “A” is declared
Surplus to the needs of the City.
2. Staff is instructed to trade in all items for the best available price, sell all
items for the best price or properly dispose of items that it is unable to
sell. Staff is further authorized to dispose of the property via an
intergovernmental transfer pursuant to RCW 39.33.010.
Passed by the City Council of the City of Arlington at a regular meeting on this
_____day of_____________, 2018.
_____________________________
Barbara Tolbert
Mayor
ATTEST:
_________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
__________________________
Steven J. Peiffle, City Attorney
EXHIBIT A
Item
AFD‐012 2001 Chevrolet Impala
Serial Number
2G1WF52E919134794
City of Arlington
Council Agenda Bill
Item:
WS #8
Attachment
H
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
February 2018 Financial Report
ATTACHMENTS:
Financial Reports –
Narrative
General Fund Operating Statement
Revenue Charts
Other Fund Operating Statements
DEPARTMENT OF ORIGIN
Finance; Kristin Garcia – Finance Director 360‐403‐3431
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
BUDGETED AMOUNT: N/A
LEGAL REVIEW:
DESCRIPTION:
Attached is the February 2018 financial report.
HISTORY:
ALTERNATIVES:
RECOMMENDED MOTION:
Workshop; discussion only.
City of Arlington
Council Agenda Bill
Item:
SM #1
Attachment
I
COUNCIL MEETING DATE:
March 26, 2018
SUBJECT:
Termination of Police Impound Lot Lease
ATTACHMENTS:
Lease and Agreement Terminating Lease
DEPARTMENT OF ORIGIN
Airport
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY:
BUDGETED AMOUNT:
LEGAL REVIEW:
DESCRIPTION:
The Council agreed to sell an airport building to 2BRND, the property company for Global Machine
Works. The Police impound lot is located on that property and theoretically has a “lease” for 20 years
from 2009 to 2029.
HISTORY:
The City located the police impound lot on Lot 77 at the airport. In 2009 in response to auditor
concerns we signed formal “memorandum of leases” between the airport and departments using
airport property, including the city police department. The property is being sold to 2BRND and
they want to ensure the property isn’t encumbered by a lease with 11 more years on it. 2BRND is
willing to let the police department continue to use the property on the same terms on a month to
month basis until they are ready to build.
ALTERNATIVES:
Do not terminate the lease, but the sale to 2BRND would likely not go through.
RECOMMENDED MOTION:
I move to authorize the Mayor and Police Chief to sign the lease termination agreement between the
Airport and the Police Department for the police impound lot, and to authorize the mayor to sign a
new month to month lease for the police impound lot.
LEASE AGREEMENT 1
(9233 SJP/emn)
LEASE AGREEMENT
________________________________
THIS LEASE AGREEMENT is dated this _____ day of ______________, 2018,
between 2BRND, a Washington limited liability company (“Landlord”) and the City of
Arlington (Tenant”).
W I T N E S S E T H:
WHEREAS, the Landlord represents that it has the full right, power and authority
to lease the following described real property situated in the County of Snohomish,
State of Washington, commonly known as a portion of Arlington Airport Lot 77, located
at 5915 192nd Ave. NE, Arlington, WA 98223, all as more particularly described on
Exhibit “A” attached hereto, which property, as described on Exhibit “A”, is hereinafter
referred to as the “premises”, and
WHEREAS, Tenant desires to continue to lease the described premises and
Landlord desires to let said property to the Tenant under the terms and conditions
hereof;
NOW, THEREFORE, in consideration thereof, the Landlord hereby leases,
demises and lets unto the Tenant, and the Tenant does hire and take from the Landlord,
the premises described on Schedule A under the following terms and conditions:
1. LEASE OF PREMISES.
A. Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord the lease premises.
B. The term of this Lease shall be month to month, and shall
commence on April 1, 2018, (the “commencement date”) and continue until terminated
by either party.
2. RENT.
A. Minimum Rent. Tenant shall pay to Landlord, without any setoff,
abatement or deduction whatsoever (except as otherwise provided herein), as monthly
“minimum rent” for the premises for the term, the following: $1,134.00 per month.
B. Time of Payment; Place of Payment.
(1) Each monthly installment of minimum rent, together with
each monthly expense impound (described in Section 2C below) and any applicable
rent taxes (sometimes, collectively, the “monthly rental”), shall be due and payable in
LEASE AGREEMENT 2
(9233 SJP/emn)
advance on the first day of each and every calendar month during the term of this
Lease, without any setoff, abatement or deduction whatsoever, except as otherwise
provided herein. Concurrently with Tenant's execution of this Lease, Tenant shall pay
the monthly rental for the first calendar month of the initial term.
(2) The monthly rental, together with all other monetary
consideration payable under this Lease, shall be payable in lawful money of the United
States at the following address: 2BRND, 19132--59TH Dr. NE, Arlington, WA, 98223.
C. Late Fees. Tenant hereby acknowledges that late payment by
Tenant to Landlord of rent and other sums due under this Lease will cause Landlord to
incur additional costs not otherwise contemplated by this Lease, the exact amount of
which will be extremely difficult or impossible to ascertain. Such additional costs include
processing, accounting, and late charges. Therefore, if any installment of rent or any
other sum due from Tenant shall not be received by Landlord within ten (10) days after
such amount is due, Tenant shall pay to Landlord a late charge equal to ten percent
(10%) of the overdue amount, together with interest on all due but unpaid sums from the
due date at the rate of eighteen percent (18%) per annum. The parties hereby
acknowledge, warrant and represent that such late charges and interest represent a fair
and reasonable estimate of the costs Landlord will incur by reason of late payment by
Tenant and are not a penalty. Acceptance of such late charges and interest by
Landlord shall in no event constitute a waiver of an event of default with respect to such
overdue amount or prevent Landlord from exercising any or all of the other rights or
remedies granted under this Lease. Landlord may, as a matter of convenience, provide
to Tenant from time to time billings or invoices for rent or other sums due under this
Lease, but Tenant's failure to receive any such billing or invoice, or Landlord's omission
or cessation of any such billing or invoice, shall not excuse Tenant's obligation for the
timely payment of rent and other sums due in accordance with this Lease.
E. Due Upon Execution of Lease. Upon executing this Lease, Tenant
shall pay to Landlord the following sums:
Minimum rent for one calendar month of term $1,300.00
Security deposit to be held by Landlord N/A
TOTAL AMOUNT DUE FROM TENANT
UPON EXECUTION OF LEASE: $1,300.00
In addition to, and together with, the sums set forth above, Tenant shall pay rent tax
where applicable.
LEASE AGREEMENT 3
(9233 SJP/emn)
3. SECURITY DEPOSIT. Not Applicable.
4. UTILITIES. Tenant shall pay, when due, for all gas, water, sanitary sewer,
electricity, telephone and other utilities used and consumed by Tenant with regard to the
premises. There shall be no abatement of rent, and Landlord shall not be liable in any
respect whatsoever for the inadequacy, stoppage, interruption, or discontinuance of any
utility or service to the premises.
5. TENANT IMPROVEMENTS.
A. Tenant, at Tenant's own cost and expense, has installed and
constructed fixtures and non-structural improvements (the “tenant improvements”) in the
premises. Any damage to the premises caused by such tenant improvements shall be
repaired by Tenant, at Tenant's sole cost and expense.
B. Tenant shall not make any additional tenant improvements without
first sending detailed plans to Landlord and having received the approvals of Landlord,
and delivering to Landlord evidence of workers' compensation, liability and property
damage insurance, naming Landlord as additional insureds, with policy limits
acceptable to Landlord.
C. Any and all signs placed upon the premises by Tenant shall be in
conformance with all applicable governmental rules, regulations, ordinances and laws
and shall be subject to the prior written approval of Landlord.
6. INSURANCE.
A. Tenant, at its sole expense and costs, shall take out and maintain,
with respect to the premises and Tenant's activities, insurance which shall meet the
following minimum conditions and requirements:
(1) Include (a) commercial general liability insurance for bodily
injury and property damage in an amount not less than $1,000,000 per occurrence,
$2,000,000 in the aggregate, combine single limit for bodily injury and property damage;
(b) contractual liability insurance in a like amount covering Tenant's liability under the
hold harmless and indemnification provisions herein; (c) to the extent required by law,
workers' compensation insurance covering Tenant's employees in statutory limits of
such alternate coverages or arrangements as are legally permissible; and (d) fire and
the extended coverage insurance covering loss or damage to the premises in the
amount of the full replacement value of the building and improvements located upon the
premises.
(2) Include Landlord as additional insureds.
LEASE AGREEMENT 4
(9233 SJP/emn)
(3) Provide that the insurer(s) shall notify all insureds, in writing,
at least thirty (30) days prior to any cancellation or reduction in coverage of the amount
of any particular policy.
(4) Obtained through the assistance of responsible insurer(s)
licensed to do business in the State of Washington, reasonably satisfactory to Landlord,
or through a self-insurance risk pool acceptable to Landlord.
Tenant shall provide to Landlord certificates showing that all of the foregoing
requirements have been met on or prior to the commencement date, and renewal
certificates shall be delivered to Landlord at least thirty (30) days prior to the expiration
of any existing policies of insurance.
B. Each party hereby waives all rights it may have against the other,
including any right of subrogation, on account of any loss or damage occasioned to
such party as the case may be to the extent that insurance proceeds are actually
received with respect to such loss or would have been received had the required
insurance been obtained. Excluded from each party's waiver hereunder shall be loss or
damage to such party caused by the willful misconduct of the other party.
C. The limits of any insurance coverage required herein shall not limit
Tenant's liability hereunder.
7. NO WARRANTIES. Tenant acknowledges that Tenant has examined the
premises and is relying solely on its examination thereof and that Landlord has made no
representations or warranties of any kind whatsoever, express or implied, concerning
the condition of the premises or its suitability for Tenant's use. Tenant accepts the
premises in their present conditions “as is” and with all defects, patent or latent, known
or unknown, and all faults, known or unknown, now existing or hereafter arising.
8. HAZARDOUS MATERIALS.
A. Tenant shall not use, discharge, dump, spill, generate, store,
dispose of, or transport any hazardous materials (defined below) on or over the
premises, nor shall Tenant disturb any existing asbestos in the premises or engage in
any activity on or about the premises that violates any environmental law (defined
below). Tenant shall promptly, at Tenant's sole cost and expense, take all investigatory
and/or remedial action required or ordered by any governmental agency or
environmental law for clean-up and removal of any contamination involving any
hazardous material created or caused directly or indirectly by Tenant.
B. The term “environmental law” shall mean any federal, state or local
law, statute, ordinance, rule, regulation, order, consent decree, judgment or common-
law doctrine, or interpretation thereof, and provisions and conditions of permits,
licenses, plans, approvals, and other operating authorizations whether currently in force
LEASE AGREEMENT 5
(9233 SJP/emn)
or hereafter enacted relating to health, industrial hygiene, or the environmental
conditions on, under, or about the Premises, including, without limitation, (i) the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
U.S.C. Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976,
42 U.S.C. Sections 6901 et seq.; (iii) the Federal Water Pollution Control Act, 33 U.S.C.
Section 1317 et seq. as such laws are amended and the regulations and administrative
codes applicable thereto. The term “hazardous materials” includes, without limitation,
any material or substance which is (i) defined or listed as a “hazardous waste”,
“extremely hazardous waste”, “restrictive hazardous waste”, or “hazardous substance”,
or considered a waste, condition of pollution, or nuisance under the environmental laws;
(ii) petroleum or a petroleum product or faction thereof; (iii) asbestos; and/or (iv) any
substance known to cause cancer and/or reproductive toxicity. It is the intent of the
parties hereto to construe the terms “hazardous materials” and “environmental laws” in
their broadest sense.
C. Tenant shall indemnify, defend and hold harmless Landlord from
and against any and all claims, judgments, damages, penalties, fines, costs, liabilities
and losses (including, without limitation, reasonable attorney's fees, diminution in the
value of the premises, damages for the loss or restriction on the use, marketability or
any other amenity of the premises) which may arise as a result of Tenant's violation of
this section.
9. ALTERATIONS AND REPAIRS:
A. Tenant may, at its own cost and expense, make non-structural,
interior alterations and/or additions to the premises from time to time during the term of
this Lease, provided that all such alterations and additions are in conformance with all
applicable governmental rules, regulations, ordinances and laws, and Tenant shall
obtain the prior approval of Landlord. Failure to obtain Landlord's consent for such
alterations shall be deemed a material breach hereunder, which shall give Landlord the
right to, in addition to all other remedies, to terminate this Lease. Tenant shall repair
any damage to the premises caused by such alterations, at Tenant's sole cost and
expense. Upon the expiration of the term or the earlier termination of this Lease,
Landlord may require, at Landlord's sole discretion, the removal of any alterations
placed upon the premises by Tenant (including the tenant improvements). Such
removal should be at Tenant's sole cost and expense, and Tenant shall return the
premises to Landlord in the condition required by this Lease.
B. Any alterations to the premises or to the building located thereon
which are required by reason of any present or future law, ordinance, rule, regulation or
order of any governmental authority having jurisdiction over the premises or of any
insurance company insuring the premises, and regardless of whether or not such
alterations pertain to the nature, construction, or structure of the premises or to the use
made thereof by Tenant, shall be at the sole cost of Tenant regardless of whether the
work is performed by Landlord or Tenant. The foregoing includes, without limitation,
LEASE AGREEMENT 6
(9233 SJP/emn)
any modifications to the premises required by the Americans With Disabilities Act or any
similar state or local law, regulation or requirement.
C. Notwithstanding anything to the contrary contained herein
specifically that which is stated in paragraph 9D. Tenant shall assume responsibility for
all repairs and maintenance required to be performed by Landlord under the Lease, and
Landlord shall not be required to perform any maintenance or to make any repairs or
improvements of any kind upon the premises. If Tenant fails to perform maintenance or
repairs or any other obligation required to be performed by Tenant hereunder, or if
Landlord is required to make repairs or perform any other obligation by reason of
Tenant's negligent acts or omissions, Landlord shall have the right but shall not be
obligated to make such repairs or perform such obligations on behalf of and for the
account of Tenant without declaring Tenant in default. In such event, Tenant shall,
within three (3) days after Landlord presents a statement therefore to Tenant, pay or
reimburse to Landlord all such costs and expenses (including an administrative fee
equal to ten percent (10%) of such costs and expenses). Tenant hereby waives any
and all rights provided in any statute, law, ordinance, or regulation to make repairs at
the expense of Landlord.
D. From and after the commencement date, Tenant shall be solely
responsible for the maintenance and repair of all non-structural elements of the
premises including, without limitation, floor coverings, interior painting and/or plaster,
wall coverings, ceilings, plate glass, and the plumbing and electrical systems. Landlord
shall not be required to perform any maintenance or to make any repairs or
improvements of any kind upon the premises, and Tenant assumes responsibility for
same, as provided herein. If Tenant fails to perform maintenance or repairs or any
other obligation required to be performed by Tenant hereunder, or if Landlord is
required to make repairs or perform any other obligation by reason of Tenant's negligent
acts or omissions, Landlord shall have the right but shall not be obligated to make such
repairs or perform such obligation on behalf of and for the account of Tenant without
declaring Tenant in default. In such event, Tenant shall, within three (3) days after
Landlord presents a statement therefor to Tenant, payor reimburse to Landlord all such
costs and expenses (including an administration fee equal to ten percent (10%) of such
costs and expenses). Tenant hereby waives any and all rights provided in any statute,
law, ordinance or regulation to make repairs at the expense of Landlord.
10. TENANT TO DISCHARGE LIENS. Tenant shall pay, when due, all claims
for labor and materials furnished to or for Tenant at or for use on the premises, which
claims are or may be secured by any mechanics' or materialmen's lien against the
premises, or any interest therein. Should any lien attach against the premises by
reasons of any act or omission of Tenant or any of its agent's employees or contractors,
then Tenant shall discharge the same of record within thirty (30) days thereafter at
Tenant's sole cost and expense. Tenant shall give Landlord not less than thirty (30)
days' written notice prior to the commencement of any and all work if improvement on
the Premises which may give rise to a mechanics' or materialmen's lien, and Landlord
LEASE AGREEMENT 7
(9233 SJP/emn)
shall have the right to post notices of Landlord's nonresponsibility for such work or the
cost thereof on the premises.
11. ASSIGNMENT; SUBLETTING.
A. Except as provided herein, Tenant shall not be permitted to assign
or hypothecate this Lease or sublet or transfer by operation of law or otherwise any part
of the premises without the prior written consent of Landlord (which consent shall not be
unreasonably withheld). No lease, assignment or other approved transfer shall relieve
Tenant of its obligations or liabilities hereunder.
B. As conditions to Landlord's consenting to any proposed
assignment, lease or transfer, Landlord may require, among other things, (i) an
adjustment of the minimum rent to the prevailing market rental rate at the time of such
assignment, lease, or transfer; (ii) Landlord's approval of the credit, net worth, business
background and general reputation of the assignee/ sublessee/transferee; and (iii)
reimbursement of Landlord's reasonable expenses, but not less than three hundred fifty
dollars ($350.00) in reviewing and processing any request for assignment, sublease or
transfer.
C. Any dissolution, merger, consolidation, or other reorganization of
Tenant or the sale or transfer of more than fifty-one percent (51%) of the total combined
voting power of Tenant's capital stock issued, outstanding and entitled to vote for the
election of directors or the sale of more than fifty-one percent (51%) of the aggregate
value of Tenant's assets shall similarly constitute a transfer. If Tenant is a limited
liability company, any change, whether voluntary or involuntary, of any members or
managers or dissolution of the limited liability company shall constitute a transfer.
D. Any attempted assignment, transfer, mortgage, subletting or
encumbrance of this Lease without Landlord's consent shall be void and shall constitute
a material default hereunder.
E. Landlord may, in its sole discretion and at any time, assign its
interest hereunder to a third party.
12. ABANDONMENT OF PREMISES. Tenant shall neither vacate nor
abandon the premises at any time during the term of this Lease, and if Tenant shall
abandon or surrender the premises or be dispossessed by process of law or otherwise,
any personal property belonging to Tenant and left on the premises shall be deemed to
be abandoned at the option of Landlord. Failure to operate Tenant's business on the
premises for seven (7) consecutive days without Landlord's prior written consent,
whether or not rent is tendered, shall be deemed to be abandonment of the premises for
the purposes of this section. Abandonment shall constitute a default under this Lease,
and, in such event, Landlord shall be entitled to pursue all default remedies provided
hereunder.
LEASE AGREEMENT 8
(9233 SJP/emn)
13. USE AND COMPLIANCE WITH UNDERLYING LEASE. Tenant's use
shall be police impound storage and no other use shall be permitted without written
amendment to this lease. Tenant acknowledges and agrees that Tenant shall at all
times comply with the terms and conditions of the Landlord’s underlying land lease with
the City of Arlington, which lease is recorded under Snohomish County Auditor’s File
No. ___________________________. Any breach of this provision is grounds for
termination of this lease.
14. DEFAULT.
A. If Tenant fails to perform (a) any monetary term, covenant,
condition or provision of this Lease within three (3) days after service of notice of such
failure or (b) any non-monetary term, covenant, condition or provision of this Lease
within twenty (20) days after service of notice of such failure, Tenant shall be deemed to
be in default under this Lease; (however, if the breach of failure cannot reasonably be
cured within twenty (20) days, Tenant shall not be in default if Tenant commences to
cure the breach or failure within the twenty (20) day period and diligently and in good
faith continues to cure the breach or failure); and Landlord, without further notice of any
kind may, at its option, exercise, the following remedies, in addition to all other remedies
provided by this Lease, or by applicable state law:
(1) Terminate Tenant's right to possession of the premises
because of such default and recover from Tenant all damages allowed under applicable
law, including, without limitation, the acceleration of all unpaid rents and other charges,
all of which shall be immediately due and payable.
(2) Not terminate Tenant's right to possession because of such
default, but continue this Lease including the right to recover the rent and all other
charges as such rent and other charges become due hereunder.
(3) Not terminate this Lease, but remove Tenant from
possession of the premises, and sublet the premises in Landlord's name, but for the
account of Tenant, applying all rents received from such letting, first, to the cost of
dispossessing Tenant and obtaining a new Tenant (including the costs of making the
premises ready for occupancy by such new Tenant), and second, to the obligations of
Tenant under this Lease (with Landlord being entitled to hold any surplus amounts
received to apply toward future damages incurred by Landlord due to the default of
Tenant.)
B. Any sum accruing to Landlord under the terms and provisions of
this Lease which shall not be paid when due shall bear interest at the rate of eighteen
percent (18%) per annum from the date the same becomes due and payable by the
terms and provisions hereof, until paid (unless otherwise specifically provided in this
Lease).
LEASE AGREEMENT 9
(9233 SJP/emn)
C. Tenant hereby waives all claims or demands for damages that may
be caused by Landlord in re-entering and retaking possession of the premises after
default by Tenant.
D. Nothing contained in this Lease shall limit Landlord to the remedies
hereinabove set forth, and, upon Tenant's default, Landlord shall be entitled to exercise
any right or remedy then provided by applicable state law.
E. The waiver by Landlord of any default in the performance by
Tenant of any covenant contained herein shall not be construed to be a waiver of any
preceding or subsequent default of the same or any other covenants contained herein.
The subsequent acceptance of rent or other sums hereunder by Landlord shall not be
deemed a waiver of any preceding default other than the failure of Tenant to pay the
particular rental or other sums or portion thereof so accepted, regardless of Landlord's
knowledge of such preceding default at the time of acceptance of such rent or other
sum.
F. In the event of any default in performance of any material obligation
by Landlord hereunder, and if Landlord fails to cure such default within thirty (30) days
after Landlord's receipt of written notice from Tenant (unless within such thirty (30) day
period Landlord's commences to cure and thereafter diligently prosecutes the same to
completion), Tenant may, upon ten (10) days' prior written notice to Landlord, pursue
injunctive relief to cause Landlord to cure.
G. Tenant hereby grants to Landlord a lien for payment of all sums
agreed to be paid by Tenant herein upon all of Tenant's property located in the
premises, if not prohibited by law, which shall be in addition to any statutory landlord's
lien now or that may hereafter be provided by law.
15. INSOLVENCY.
A. The filing of any petition by or against Tenant under any state or
federal bankruptcy act or insolvency statute, or any successor statute thereto, or the
adjudication of Tenant as a bankrupt or insolvent, or the appointment of a receiver or
trustee to take possession of all or substantially all of the assets of Tenant, or a general
assignment by Tenant for the benefit of creditors, or any other action taken or suffered
by Tenant under any state or federal insolvency or bankruptcy act, provided that any
such action is not dismissed or removed within thirty (30) days after its initiation, shall,
at Landlord's option, constitute a default under this Lease by Tenant, regardless of
Tenant's compliance with the other provisions of this Lease, and Landlord, at its option
by written notice to Tenant may exercise all rights and remedies provided for in Section
14 herein, including the termination of this Lease, effective upon service of such notice,
without the necessity of further notice.
B. Neither this Lease nor any interest herein, nor any estate created
LEASE AGREEMENT 10
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hereby, shall pass by operation of law under any state or federal insolvency or
bankruptcy act to any trustee, receiver, assignee for the benefit of creditors, or any
other person whatsoever without the prior written consent of Landlord.
C. The acceptance of rent at any time and from time to time by
Landlord from Tenant as debtor in possession or from the transferee of the type
mentioned in Section 15(b) shall not preclude Landlord from exercising its right under
this section at any time thereafter.
16. WAIVER AND INDEMNITY.
A. Tenant agrees and this Lease is made upon the condition that
Landlord shall not be liable, responsible or in any way accountable to Tenant, Tenant's
agents, employees or invitees or to any person whomsoever for any damages suffered,
including, without limitation, damages arising from:
(1) Loss or destruction of or damage to any merchandise,
fixtures, equipment or other property located on or about the premises or on or about
any of the facilities which Tenant may use in conjunction with this Lease.
(2) Injury to or death of any person or persons who may at
anytime be using, occupying or visiting the premises or said facilities.
(3) Loss of business or profits, regardless of the nature or cause
of such loss.
(4) Loss or damage that may be occasioned by or through the
acts or omissions of persons occupying any part of the premises.
B. Tenant shall indemnify, defend and hold Landlord harmless from
and against any and all claims, demands, liabilities, losses, costs and expenses of
every kind whatsoever (including reasonable attorney's fees), arising out of in any way
connected with Tenant's use or occupancy of the premises, the physical condition
thereof, including any latent or patent defects, or the business conducted thereon during
the term of this Lease, except such claims, demands, liabilities, losses, costs or
expenses as may result from any act or omission of Landlord (other than with respect to
an obligation expressly assumed by Tenant herein). Upon the assertion of any claim or
demand covered by the foregoing indemnity, Tenant shall undertake the defense
thereof and discharge any judgment, order, or compromise settlement rendered against
or suffered by Landlord and shall pay all costs, interest and attorney's fees connected
therewith. As to any claim or action brought by or on behalf of any employee of Tenant
against Landlord as to any matter for which Tenant is obligated to indemnify Landlord,
Tenant hereby expressly waives its immunity under Title 51 of the Revised Code of
Washington and any other industrial insurance or workers' compensation laws, but
solely as to any obligation to indemnify Landlord, and Tenant hereby acknowledges that
LEASE AGREEMENT 11
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the above waiver has been expressly and specifically requested and agreed upon.
17. HOLDING OVER. In the event Tenant remains in possession of the
premises after the expiration of this Lease, without a written lease, it shall be deemed to
be occupying the premises as a tenant from month to month, subject to all of the
conditions, provisions and obligations of this Lease insofar as they may be applicable to
such month to month tenancy.
18. NOTICES. Any notice or demand from or by either party hereto to the
other party in order to be validly served shall be in writing and signed by or on behalf of
the party giving notice or making the demand and shall be served by personal delivery,
by registered or certified mail or by air courier service (which provides written evidence
of receipt), addressed to the party to whom such notice or demand is to be given.
Service shall be deemed conclusively made upon proof of receipt or refusal to accept
delivery. The addresses of the parties on the execution date are as follows:
Landlord: 2BRND, LLC
19132--59TH Dr. NE
Arlington, WA, 98223
Tenant: CITY OF ARLINGTON
238 N. Olympic Avenue
Arlington, WA, 98223
Addresses for receiving notices or demands may be changed for the purpose of this
section by the party requesting such change notifying the other by the method herein
provided at least ten (10) days prior to such change.
19. ATTORNEY'S FEES. If either party hereto shall file any action or bring
any proceeding against the other party arising out of this Lease or for the enforcement
or declaration of any rights hereunder, the prevailing party therein shall be entitled to
have and recover from the other party all costs and expenses, including reasonable
attorney's fees incurred by the substantially prevailing party in connection therewith.
20. CONDEMNATION. If the Premises or any portion thereof are taken under
the power of eminent domain, or sold under the threat of the exercise of said power (all
of which are herein called "condemnation"), this Lease shall terminate as to the part so
taken as of the date the condemning authority takes title or possession, whichever first
occurs. If more than 10% of the floor area of the building on the Premises, or more than
25% of the land area of the Premises which is not occupied by any building, is taken by
condemnation, Lessee may, at Lessee's option, to be exercised in writing only within
sixty (60) days after Lessor shall have given Lessee written notice of such taking,
terminate this Lease as of the date the condemning authority takes such possession. If
Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall
remain in full force and effect as to the portion of the Premises remaining, except that
LEASE AGREEMENT 12
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the rent shall be reduced in the proportion that the floor area of the building taken bears
to the total floor area of the building situated on the Premises. No reduction of rent shall
occur if the only area taken is that which does not have a building located thereon. Any
award for the taking of all or any part of the Premises under the power of eminent
domain or any payment made under threat of the exercise of such power shall be the
property of Lessor, whether such award shall be made as compensation for diminution
in value of the leasehold or for the taking of the fee, or as severance damages;
provided, however, that Lessee shall be entitled to any award for loss of or damage to
Lessee's trade fixtures and removable personal property. In the event that his Lease is
not terminate by reason of such condemnation, Lessor shall to the extent of severance
damages received by Lessor in connection with such condemnation, repair any damage
to the Premises caused by such condemnation except to the extent that Lessee has
been reimbursed therefor by the condemning authority. Lessee shall pay any amount in
excess of such severance damages required to complete such repair.
21. GOVERNING LAW. This Lease shall be governed by the laws of the
State of Washington.
22. GENERAL PROVISIONS.
A. Time is of the essence for this Lease.
B. No waiver of any breach of the covenants, agreements, obligations
and conditions of this Lease to be kept or performed by either party hereto shall be
construed to be a waiver of any succeeding breach of the same or any other covenant,
agreement, obligation, condition or provision hereof.
C. Landlord and Tenant have negotiated this Lease, have had the
opportunity to be advised respecting the provisions contained herein, and have had the
right to approve each and every provision hereof; therefore, this Lease shall not be
construed against either Landlord or Tenant as a result of the preparation of this Lease
by or on behalf of either party.
D. If any clause, sentence or other portion of this Lease shall become
illegal, null or void for any reason, or shall be held by any court of competent jurisdiction
to be so, the remaining portions thereof shall remain in full force and effect.
E. This Lease sets forth all of the terms and conditions of the
agreement of the parties hereto relating to the subject matter hereof, superseding all
prior oral and written agreements and understandings and may not be modified orally or
in any other manner other than by an agreement in writing signed by all the parties to
this Lease or their respective successors in interest.
F. All exhibits attached hereto are incorporated herein by this
reference.
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G. Each provision to be performed by Tenant shall be construed to be
both a covenant and a condition, and if there shall be more than one Tenant, they shall
be bound jointly and severally by those provisions.
H. All rights and obligations under this Lease shall bind and inure to
the benefit of the heirs, personal representatives, successors and assigns of the parties
hereto.
I. The person executing this Lease on behalf of Tenant represents
and warrants that he or she is an agent of Tenant and duly authorized to execute this
Lease on behalf of Tenant and to bind Tenant to the performance of Tenant's
obligations hereunder.
//
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day
and year first above written.
LANDLORD:
2BRND, LLC, a Washington Limited
Liability Company
By__________________________
Brent Barker, Member
By:_________________________________
Brad Stuczynski, Member
LEASE AGREEMENT 14
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TENANT:
CITY OF ARLINGTON
_________________________
Barbara Tolbert, Mayor
STATE OF WASHINGTON )
: ss
COUNTY OF SNOHOMISH )
On this _____ day of _______________, 2018, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared BRENT BARKER and BRAD STUCZYNSKI, to me
known to be Members of 2BRND, LLC, the limited liability company that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary
act and deed of said limited liability company, for the uses and purposes herein
mentioned, and on oath stated that they are authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year first
above written.
___________________________________
NOTARY PUBLIC in and for the
State of Washington, residing
at ____________________.
My commission expires: ____________
Printed Name:______________________
LEASE AGREEMENT 15
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STATE OF WASHINGTON )
: ss
COUNTY OF SNOHOMISH )
On this _____ day of _______________, 2018, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared BARBARA TOLBERT, to me known to be the Mayor of
the City of Arlington, the municipal corporation that executed the foregoing instrument
and acknowledged the said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes herein mentioned, and on oath stated
that she is authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year first
above written.
___________________________________
NOTARY PUBLIC in and for the
State of Washington, residing
at ____________________.
My commission expires: ____________
Printed Name:______________________
LEASE AGREEMENT 16
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EXHIBIT “A”
LEASE TERMINATION
AGREEMENT 1
AGREEMENT TERMINATING LEASE
BUILDING 78, Unit C; ACCOUNT 904 POLICE IMPOUND
The parties hereto are the CITY OF ARLINGTON, a municipal corporation of the
State of Washington, Landlord, and the CITY OF ARLINGTON POLICE DEPARTMENT, Tenant.
The parties are parties to a Memorandum of Lease dated July 1, 2009. The
Landlord is in the process of transferring the property and the parties desire to terminate the lease and
allow the Tenant to enter into a new Lease with 2BRND, LLC, the party purchasing the property.
The parties are in agreement that the Lease may be terminated.
FOR AND IN CONSIDERATION of the mutual covenants hereinafter contained,
the parties agree as follows:
1. The Memorandum of Lease between the parties originally dated July 1,
2009, including all amendments thereto, shall be and hereby is terminated.
IN WITNESS WHEREOF the parties hereto have executed this Agreement
Terminating Lease on the _____ day of ________________, 2018.
CITY OF ARLINGTON
By ________________________________
Mayor Barbara Tolbert
ATTEST:
______________________________
Kristin Banfield, City Clerk
CITY OF ARLINGTON
POLICE DEPARTMENT
By:_________________________________
Jonathan Ventura, Police Chief
LEASE TERMINATION
AGREEMENT 2
STATE OF WASHINGTON )
: ss
COUNTY OF SNOHOMISH )
On this _____ day of __________________, 2018, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Jonathan Ventura, to me known to be the Police Chief of the City of Arlington, the
municipal corporation that executed the foregoing instrument and acknowledged the said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses
and purposes herein mentioned, and on oath stated that they are authorized to execute the said
instrument and that the seal affixed (if any) is the corporate seal of said municipal corporation.
Witness my hand and official seal hereto affixed the day and year first above
written.
___________________________________
NOTARY PUBLIC in and for the
State of Washington, residing
at ____________________.
My commission expires: ___________
STATE OF WASHINGTON )
: ss
COUNTY OF SNOHOMISH )
On this _____ day of __________________, 2018, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Barbara Tolbert and Kristin Banfield, to me known to be the Mayor and City Clerk,
respectively, of the City of Arlington, the municipal corporation that executed the foregoing
instrument and acknowledged the said instrument to be the free and voluntary act and deed of
said municipal corporation, for the uses and purposes herein mentioned, and on oath stated that
they are authorized to execute the said instrument and that the seal affixed (if any) is the
corporate seal of said municipal corporation.
Witness my hand and official seal hereto affixed the day and year first above
written.
___________________________________
NOTARY PUBLIC in and for the
State of Washington, residing
at ____________________.
My commission expires: ____________