Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03-19-2012_Council Meeting
Arlington City Council March 19, 2012 – 7 PM City Council Chambers 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER I would like to call the meeting to order. PLEDGE OF ALLEGIANCE Would you please stand for the Pledge of Allegiance? ROLL CALL Jan, would you please call the roll? APPROVAL OF THE AGENDA Mayor Pro Tem Oertle: I move to approve the agenda as presented INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 1. Recognition of Detective Rory Bolter Staff: Chief Nelson Beazley PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes CONSENT AGENDA Mayor Pro Tem Oertle: I move to approve the consent agenda consisting of: 1. Minutes of the March 5 and March 12, 2012 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Participation in NWF v. FEMA lawsuit City Attorney Steve Peiffle ATTACHMENT B PUBLIC HEARING NEW BUSINESS 1. Star Annexation 60% Petition Acceptance Council Liaison: Marilyn Oertle Staff: Todd Hall ATTACHMENT C 2. Cemetery name change Babyland to Childrens Garden Council Liaison: Randy Tendering Cemetery Board: Skip Smith & Maxine Jenft Staff: Jim Kelly ATTACHMENT D 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. 3. Settlement Agreement with Marion Taylor regarding Stormwater Council Liaison: Dick Butner Staff: Jim Kelly ATTACHMENT E 4. 67th Ave Phase III Right of Way Procurement Package #6 Council Liaison: Debora Nelson Staff: Eric Scott ATTACHMENT F 5. Acceptance of TIB grant for 67th Ave NE Phase III Reconstruction Project Council Liaison: Debora Nelson Staff: Jim Kelly ATTACHMENT G 6. Additional Environmental Consulting Services on Airport Lot 108 Council Liaison: Debora Nelson Staff: Rob Putnam ATTACHMENT H 7. Approval of Short Term Interfund Loans for February 2012 Council Liaison: Marilyn Oertle Staff: Jim Chase ATTACHMENT I DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS Allen, do you have any reports? MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION Steve, do we have a need for an Executive Session this evening? RECONVENE ADJOURNMENT To view all the attachments, click here. DRAFT Page 1 of 4 Council Chambers 110 East Third March 6, 2012 City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker Council Members Absent: All Council members were present. City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Jim Kelly, Eric Scott, Kris Wallace, Rob Putnam, Todd Hall, Sherri Phelps, Elizabeth Chamberlain, Cristy Brubaker, Jan Bauer, and Steve Peiffle – City Attorney Also Known to be Present: Ron Thomas, Sarah Arney – North County Outlook, Mike Hopson – Airport Commission, Kay Duskin, Yolanda Larsen, and Bob Nelson Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle m oved to approve the Revised Agenda. Chris Raezer seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Cornerstone Award – Dr. and Mrs. Jeff Cartwright – Advanced Orthopaedic Institute Special Projects Manager Paul Ellis described the Cornerstone Award. He spoke of the orthopaedic practice of Jeff and Judy Cartwright which has recently come to Arlington and gave a history of the building in which the practice is located. The Cartwrights were then presented the Cornerstone award by Mayor Tolbert. Relay for Life – 1st Place Award in Downtown Storefront Decoration for Paint the Town Purple Kay Duskin, chair of Paint the Town Purple, introduced committee members Yolanda Larsen and Sarah Arney. Ms. Duskin then presented the first place award to the City of Arlington for their excellent decorations. Sherri Phelps officially received the award. Ms. Duskin announced that to date $63,000 has been raised for the cause. PUBLIC COMMENT Troy Burgess, 400 East Highland Drive, Arlington, voiced concern about the nasty condition of a semi- vacant neighboring house at 324 Highland Drive, where garbage is strewn about inside and out, all of which has resulted in vermin and an ugly situation. He further stated that people are now going inside to take scrap metal and other items from the house. It seems that Keller Williams is the agency that one could deal with. He asked for Council help. Discussion and clarification followed. CONSENT AGENDA Mayor Pro Tem Oertle moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the February 21 and February 27, 2012 meetings 2. Accounts Payable EFT Payments and Payroll Checks #27476 through #27497 dated February 1, 2012 through February 29, 2012 in the amount of $1,129,430.45, and Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT March 5, 2012 Page 2 of 4 EFT Payments and Claims Checks #76008 through #76117 dated February 22, 2012 through March 5, 2012 in the amount of $396,007.92 PUBLIC HEARING Star Annexation 60% Petition Associated Planner Todd Hall gave a history of the Annexation request, and with the use of a power point presentation he located the property on a site map. The Public Hearing was opened at 7:16PM. Ms. Charlene Allen, 8927 172nd St NE, Arlington, located the area in which her farm is situated, that is, in the middle of the proposed annexation. She stated that she wishes to remain a farm, and not be annexed to the city. Ms. Allen spoke against the proposed Annexation, and she stated her desire to be ‘grandfathered in’ if this in fact annexation does happen. Ron Thomas, 23515 Novelty Hill Road, Redmond, a proponent of Star Annexation, presented the positive reasons to move forward with the Annexation. He spoke to the zoning areas within the Annexation and noted that it has been in the UGA for about six years and also noted wetlands within the area. He then gave a brief summary of reasons annexation would be a good thing. The Public Hearing was closed at 7:26PM. Several Council members, also Associate Planner Todd Hall, answered some of Ms. Allen’s concerns. A lengthy discussion and clarification followed. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Resolution Adopting the 2012 Comprehensive Plan Amendments Final Docket Todd Hall asked that the Council adopt the Comprehensive Plan Amendments Final Docket and he briefly reviewed each of the 5 proposed Amendments. Staff has asked for approval of the docket itself, not each item within. Marilyn Oertle moved to approve the proposed Resolution approving the 2012 Comprehensive Plan Amendments Final Docket. Ken Klein seconded the motion that passed with a unanimous vote. Authorization to Award a Contract to Shannon and Wilson for the Haller Well Rehabilitation Project Public Works Director Jim Kelly gave a brief review of the Project request. He spoke to the proposal submitted by Shannon & Wilson and answered several Council questions. Dick Butner moved to accept the Haller Well Rehabilitation Proposal submitted by Shannon & Wilson for the cost of $49,880 and authorize the Mayor to sign a contract for work, pending final approval by the City Attorney. Marilyn Oertle seconded the motion that passed with a unanimous vote. 67th Right of Way Easements and Dedications, Package #5 Senior Engineer Eric Scott spoke to the rights-of-way needed for 67th Avenue. He then answered Council questions. Debora Nelson moved to authorize the Mayor to sign the 67th Ave. Phase 3 Project Right of Way, Easement, and Real Estate transactions negotiated by the City of Arlington and their real estate transaction agent, HDR, Inc., for the Myricks pending final review by the City Attorney. Dick Butner seconded the motion that passed with a unanimous vote. Minutes of the City of Arlington City Council Meeting DRAFT March 5, 2012 Page 3 of 4 Authorization to Pay Off the 1998 Public Works Trust Fund Loan Early Public Works Staff Accountant Kris Wallace reviewed her request to pay off the Trust Fund Loan early and noted the amount of money that could be saved. She and Finance Director Jim Chase then answered Council questions. Dick Butner moved to authorize the Water Department to pay off Public Works Trust Fund Loan #98- 78898-003 and save future interest payments of approximately $40,501. Steve Baker seconded the motion that passed with a unanimous vote. Adopt a Park Agreement and MOU with Stilly Valley Little League Jim Kelly spoke to the long partnership between the City and the Stilly Valley Little League. A formal agreement for this partnership has been requested under the Adopt a Park Agreement. He noted that the Park Arts and Recreation Commission support the idea. Randy Tendering moved to authorize the Mayor to sign the Adopt-a-Park agreement and Memorandum of Understanding (MOU) between the Stilly Valley Little League and the City of Arlington for the 2012 season, pending final review by the City Attorney. Dick Butner seconded the motion that passed with a unanimous vote. Interlocal Agreement with Department of Corrections for Pipe Removal on Airport Lot 108 Airport Manager Rob Putnam addressed an Agreement for Pipe Removal with the Department of Corrections. He then answered several Council questions. Debora Nelson moved to approve the Interlocal Agreement with Correctional Industries Environmental Services in the amount of $27,454.07 for the abatement, removal, and disposal of approximately 480 lineal feet of asbestos-containing pipe, subject to final approval of the City Attorney. Chris Raezer seconded the motion that passed with a unanimous vote. Ordinance to Allow for Short Term Interfund Loans Finance Director Jim Chase spoke to administrating Short Term Interfund Loans, explaining the reasons for the request. He then addressed Council questions. Marilyn Oertle moved to approve the Proposed Ordinance providing for Short Term Interfund Loans. Randy Tendering seconded the motion that passed with a unanimous vote. Authorization to Sign the 4th Amendment to the Interlocal Agreement with Snohomish County Public Works for Equipment Maintenance / Repair Service Mr. Chase briefly explained the Interlocal Agreement with Snohomish County. He then answered Council questions. Marilyn Oertle moved to authorize the Mayor to sign Amendment No. 4 to the Interlocal Agreement with Snohomish County for Equipment/Vehicle Repair Services. Chris Raezer seconded the motion that passed with a unanimous vote. ADMINISTRATOR & STAFF REPORTS Mr. Allen Johnson noted that the Yellow Pages are out and he also announced that he is a new grandfather and he wished Councilmember Oertle a happy birthday. MAYOR’S REPORT Mayor Tolbert gave a brief summary of meetings and events she had recently attended. COUNCIL MEMBER REPORTS – OPTIONAL Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker gave brief reports. Minutes of the City of Arlington City Council Meeting DRAFT March 5, 2012 Page 4 of 4 EXECUTIVE SESSION City Attorney announced that there would be no need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:29PM. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street March 12, 2012 Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker, Mayor Tolbert, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Jim Kelly, Eric Scott, Rob Putnam, David Kuhl, Bill Blake, Cristy Brubaker, Monica Schlagel, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: All members were present. Also Known to be Present: Maxine Jenft and Skip Smith – Cemetery Board, Bruce Angell – Planning Commission Chair, Sarah Arney – North County Outlook, Mike Hopson – Airport Board, Mayor Tolbert called the meeting to order at 7:00PM. Marilyn Oertle moved to approve the Agenda, and Chris Raezer seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS ~ NO FINAL ACTION WAS TAKEN Riverfront Master Plan Presentation Stormwater Utility Director Bill Blake and Public Works Director Jim Kelly presented the Riverfront Master Plan and distributed the power point presentation that had previously been presented. Mr. Blake spoke to the Plan and noted that there were several the basic ideas derived from the recently held Riverfront Plan meeting. Over the next year he would be looking for citizen input of new good ideas. Assistant the the City Administrator for Economic Development & Special Projects Paul Ellis also gave input regarding the Plan and answered several questions regarding the existing buildings in the Haller Park area. On April 26 at 5:30PM a tour of the area will be conducted. Cemetery Name Change Babyland to Children’s Garden Skip Smith and Maxine Jenft from the Cemetery Board presented the name change suggestion. They then answered Council questions. Grant Acceptance From Transportation Improvement Board (TIB) for the 67th NE Phase III Reconstruction Project Jim Kelly gave a history of the project grant. He noted an error on the grant amount - the actual total amount would be $6,049,731, not $6,047,731 as reported on the cover sheet in the packet. Another presentation will take place before the project goes to bid. Settlement Agreement with Marion Taylor Regarding Stormwater D. NE Comp Plan Amendment Mr. Kelly gave a brief summary of stormwater on the Taylor property. An agreement has been reached in this situation which resolves the issue. 67th Ave. Phase III Right of Way Procurement Package #6 Senior Engineer Eric Scott noted that with this package all property owners have signed, with the exception of the Railroad. He then answered Council questions. 43rd Ave. NE / 172nd St. NE Comprehensive Plan Amendment and Concurrent Rezone Community Development Director David Kuhl presented the Comprehensive Plan Amendment, gave a brief summary of the property and asked that it return to the Highway Commercial designation. There is a Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT March 12, 2011 Page 2 of 2 Public Hearing scheduled for the Council on April 2, 2012. He then answered Council questions about access, location and zoning. 43rd Ave NE – 51st Avenue NE (National Foods) Comp Plan Amendment Mr. Kuhl located the 80 acre parcel where it does not match the zoning, and the change would make it consistent with the existing zoning designation. He then answered several council questions. Additional Environmental Consulting Services on Airport Lot 108 Airport Manager Rob Putnam reviewed the project consultant change order and answered Council questions. This will be addressed by the Airport Commission at their meeting tomorrow. Request for name change to Jordan Ridge Mr. Putnam also addressed the request for a name change for an area of Snohomish County to be called Jordan Ridge. If approved, this request would then be reported to the Washington State Board of Geographical Names. Mr. Putnam requested Council input. Ordinance Amending Qualifications for Planning Commissioner to Expand the Residency Requirement to the Boundaries of the UGA Assistant City Administrator Kristin Banfield addressed the request to expand the residency boundaries to the UGA for Planning Commission members. The residency change would then align with other City Boards and Commissions. She then answered Council questions. There has been no input from the Planning Commission, as it has not been presented, and it was requested that the Planning Commission comment on the matter. Debora Nelson asked to have a ratio of City residents vs. UGA representatives. This will be placed on the next Planning Commission Agenda. MISCELLANEOUS COUNCIL ITEMS BOYS & GIRLS CLUB The Council discussed a proposed Boy and Girls Club expansion, and they will view the property at a future date. BOEING TOUR Chris Raezer stated that the Council has been invited to take a tour April or May through the Boeing plant. He distributed information concerning Boeing and the Arlington community. 2012 ELECTION TIMELINES Ms. Banfield briefly addressed the Election Timelines. There were no members of the public wishing to speak to members of the Council. EXECUTIVE SESSION City Attorney Steve Peiffle stated the need for a 20 minute Executive Session for the purpose of discussing pending or potential litigation [RCW 42.30.110(1)(i)] with no action to be taken during or after the meeting. The meeting was adjourned into Executive Session at 7:58PM. RECONVENE and ADJOURN The meeting was reconvened at 8:15PM and with no further business to come before the Council, the meeting was immediately adjourned. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B ICOUNCIL MEETING DATE: March 19, 2012 SUBJECT: Participation in National Wildlife Federation v. FEMA lawsuit ATTACHMENTS: Provided separately DEPARTMENT OF ORIGIN Legal EXPENDITURES REQUESTED: Estimated $2,500 initially BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: The City is asked to participate along with 15 other jurisdictions in a pending federal court suit which has the potential to impact development in the designated floodplain (primarily Island Crossing). HISTORY: Litigation was filed by the Northwest Wildlife Federation against the Federal Emergency Management Agency (FEMA). Among the relief requested is an injunction against all development in the floodplain through restrictions in the issuance of flood insurance. ALTERNATIVES Do not authorize participation in the lawsuit. RECOMMENDED MOTION: I move to authorize the City to participate in the Northwest Wildlife Federation vs. FEMA lawsuit and authorize the Mayor to sign documents to allow Arlington’s participation, with an initial maximum or “not to exceed” cost of $2,500. City of Arlington Council Agenda Bill Item: NB #1 Attachment C COUNCIL MEETING DATE: March 19, 2012 SUBJECT: Consideration of Acceptance of 60% Petition to Annex for Star Annexation and direct staff to forward the Notice of Intent to the Boundary Review Board (PLN20110047) ATTACHMENTS: 1. Staff Report 2. 60% Petition with Legal Description and Vicinity Map 3. Proposed Star Annexation – Land Use and Zoning Maps 4. Resolution DEPARTMENT OF ORIGIN Community Development – Todd Hall, 360-403-3436 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: A 60% Petition for Annexation has been submitted for approximately 54.07 acres located near the corner of 172nd Street NE/SR 531 and SR 9, of which approximately 30.80 acres are owned by the proponents. The properties are within the City Urban Growth Area (UGA), and the current City limits abut the proposed annexation area to the west. The City’s Comprehensive Plan designates the area as both General Commercial (GC) and High Density Residential (RHD), and the zoning map pre-zones this area with the same designations. HISTORY: Ron Thomas, on behalf of The Commerce Bank of Washington (TCB) and Gray1 Washington LLC, are the proponents for the annexation request. They submitted an application for annexation/Annexation 10% Petition form on December 14, 2011. The City Council considered whether to move forward with a consideration for acceptance of the 10% Petition for Annexation on January 23, 2012, and accepted the 10% Petition on February 6, 2012 allowing the 60% Petition to be circulated for signatures. A public hearing was held on March 5, 2012 to hear public testimony regarding the 60% Petition for Annexation. ALTERNATIVES 1. Approve. 2. Deny with or without prejudice. 3. Continue the hearing and remand to staff to clarify any issue that Council deems appropriate. RECOMMENDED MOTION: I move to accept the 60% Petition to Annex for Star Annexation and approve the resolution directing staff to prepare and forward the 60% Petition and related materials to the Snohomish County Boundary Review Board for review. PLANNING DIVISION STAFF REPORT To: Arlington City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Date: March 19, 2012 Project: 60% Petition to Annex for Star Annexation (PLN20110047) A. INTRODUCTION The proponents of an assemblage of property (approximately 30 acres) wish to annex into the City of Arlington. The entirety of the annexation area consists of approximately 54 acres and is currently pre-designated as General Commercial and High Density Residential and zoned the same designations. The annexation is located near the corner of SR 9 and 172nd Street NE, within the City Urban Growth Area (UGA). B. GENERAL INFORMATION Applicant/Owner: Gray1 Washington LLC and The Commerce Bank of Washington (TCB) LLC Contact: Ron Thomas, 23515 NE Novelty Hill Rd., B221 #237, Redmond, WA 98053 General Location: Southeast Urban Growth Area, near corner of SR 9 and 172nd Street NE Project Description: Acceptance of 60% Petition to Annex for Star Annexation Environmental: The properties within the annexation area are both low-density residential and/or vacant. Several of the properties are encumbered by wetlands. Any environmental impacts from development would be identified, avoided and/or mitigated for during the development process through the requirements of Title 20 of the Arlington Municipal Code, which includes SEPA and critical area regulations. Requested Action: Adopt the resolution approving the 60% Petition to Annex for Star Annexation and directing staff to forward the required application packet to the Snohomish County Boundary Review Board. Community Development Planning Division Star Annexation – 60% Petition to Annex March 19, 2012 – City Council C. DETALIED PROJECT INFORMATION Ron Thomas, on behalf of Gray1 Washington LLC and The Commerce Bank of Washington (TCB) LLC, are the proponents for the annexation request. The annexation area consists of approximately 54.07 acres located near the corner of 172nd Street NE/SR 531 and SR 9, of which approximately 30.80 acres are owned by the proponents. The properties are within the City Urban Growth Area (UGA), and the current City limits abut the proposed annexation area. The City’s Comprehensive Plan designates the area as both General Commercial (GC) and High Density Residential (RHD), and the zoning map pre-zones this area with the same designations. The 30 acres owned by the proponents went through a Comprehensive Plan Amendment (CPA) to change the land use designations. The CPA, along with a concurrent zoning map amendment, was approved by City Council in April 2011. The reason for the annexation request is to allow the applicant to connect to the City’s sewer and water systems for future development. Staff has reviewed the request and no major issues with the annexation have been identified. The site is adjacent to the proposed roundabout that will be constructed by WSDOT beginning in April. Any environmental impacts from future development would be identified and mitigated at the time of application for land use development permits. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: Per RCW 43.21C.222, annexation of territory by a city is exempted from the provisions of the State Environmental Policy Act (SEPA). 2. PUBLIC NOTIFICATION/INVOLEVMENT: a. A Notice of Public Hearing for the March 5, 2012 public hearing was issued on February 15, 2012. A notice was published in the February 15, 2012 Arlington Times and Everett Herald, as well as posted at the Arlington and Smokey Point Post Offices, the Arlington Library and City Hall. The applicant posted public notice boards at four locations within the annexation area, as well as sent public hearing notices to property owners within 500 feet of the annexation area. E. BACKGROUND INFORMATION 1. An application for annexation/Annexation 10% Petition form was submitted to the City on December 14, 2011. The City Council accepted the 10% Petition to Annex on February 6, 2012, allowing the proponents to proceed with the circulation of the 60% Petition to Annex. The 60% Petition for Annexation forms were submitted to the City on February 14, 2012. RCW 35A.14.120 requires property owners of property representing at least 60% of the assessed valuation for general taxation sign the petition. RCW 35A.14.130 requires the City Council to hold a public hearing to consider the 60% petition. The City Council held a public hearing on March 5, 2012 to consider public testimony regarding the annexation. Star Annexation – 60% Petition to Annex March 19, 2012 – City Council F. ANALYSIS 1. Compliance with Comprehensive Plan Goals and Policies a. The project meets the goals and policies of the Arlington Comprehensive Plan, specifically Goal GL-6 and Policies PL-4.3, PL-4.7, PL-6.2, PL-6.4 and PL-6.1 – 6.8. b. The Comprehensive Plan identifies this area for future urban growth as Residential High Density (RHD) (7.3.1.1.4) and (General Commercial (GC) (7.3.1.2.3). 2. Compliance with Zoning Map a. The official zoning map shows the area pre-zoned as High Density Residential (RHD) and General Commercial (GC). b. Policy Objective: The proposed annexation is consistent with the Comprehensive Plan and pre-zoning and meets the requirements of the Arlington Municipal Code, Title 20, Land Use Code, Chapters 20.40 Permissible Uses, and 20.94 Annexations. 3. Compliance with the Master ILA a. Snohomish County staff will officially review the proposal once the Notice of Intent (NOI) is sent. However, City staff’s review of the ILA indicate that the annexation is consistent with the Master ILA. 4. Assumption of Indebtedness a. Staff recommends that the annexed properties assume a pro rata share of the City's outstanding indebtedness that had been approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation, as in all past annexations. 5. Urban Service Provision a. All urban services would be provided by the City of Arlington, including sewer and water. 6. Known Proposed Uses a. The properties will be used for future commercial and residential uses. 7. Objectives of the Boundary Review Board a. The boundary review board is directed by RCW 36.93.180 to “attempt to achieve” the following objectives with respect to an annexation: i. Preservation of natural neighborhoods and communities - This properties abut the current City limits to the west and consist of eleven parcels of land, which will be used for commercial and residential development. The surrounding area includes large-lot single-family residences. A City water tank is located to the east. The adjacent residents and the property owners Star Annexation – 60% Petition to Annex March 19, 2012 – City Council of the affected properties would consider themselves most closely related to the City Arlington. ii. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours - The properties abut 172nd St. NE on the north/south and SR 9 on the west. The 91st Ave. NE alignment is the eastern extent of the annexation area, with the exception of two parcels adjacent to the water tank property. iii. Creation and preservation of logical service areas - This properties are within the City of Arlington service area and near no others. iv. Prevention of abnormally irregular boundaries - No abnormally irregular boundaries are formed by the annexation. v. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of 10,000 population in heavily populated urban areas - Not applicable, as there is not the population base here to incorporate. vi. Adjustment of impractical boundaries – There are no impractical boundaries in this area. vii. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas that are urban in character - Though not urban in nature, these properties will be able to develop to urban commercial standards once annexed, thus helping to fulfill the City’s GMA obligations. viii. Protection of agricultural and rural lands that are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority – Not applicable, as these properties have been neither identified nor designated by the County as such. G. COUNCIL CONSIDERATIONS 1. The Council shall consider the following options for considering the 60% Petition to Annex: a. Approve as recommended. b. Deny with or without prejudice. (Implications of this option: Denial with prejudice eliminates applicant’s opportunity to resubmit the application within one year of denial. Denial without prejudice allows the applicant to submit another application for approval no sooner than 120 calendar days after the date of such denial.) c. Continue the hearing and remand to staff to clarify any issue that Council deems appropriate. H. RECOMMENDATION Staff recommends that the Arlington City Council make a motion to accept the 60% Petition to Annex for Star Annexation and approve the resolution to direct staff to prepare and forward the 60% Petition and related materials to the Snohomish County Boundary Review Board for review. Star Annexation – 60% Petition to Annex March 19, 2012 – City Council ATTACHMENTS 1. 60% Petition with Legal Description and Vicinity Map 2. Proposed Star Annexation - Land Use and Zoning Maps 3. Resolution STAR ANNEXATION LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE WESTERLY MARGIN OF 89TH AVENUE N.E. AND ITS SOUTHERLY EXTENSION; TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE EASTERLY MARGIN OF STATE ROUTE 9; EXCEPT THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF STATE ROUTE 9 AND 35.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE EAST, PARRALEL WITH SAID NORTH LINE, 175.00 FEET; THENCE NORTH, PERPENDICULAR WITH SAID NORTH LINE, 5.00 FEET; THENCE EAST, PARRALEL WITH SAID NORTH LINE, 172.08 FEET; THENCE NORTH, PERPENDICULAR WITH SAID NORTH LINE, 30.00 FEET, TO SAID NORTH LINE AND THE TERMINUS OF THE HEREIN DESCRIBED LINE; AND TOGETHER WITH THAT PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., LYING WESTERLY OF THE EASTERLY MARGIN OF 91ST AVENUE N.E.; AND TOGETHER WITH THE SOUTH 69.50 FEET OF THE WEST 300.00 FEET OF TRACT 1 AND THE WEST 330.00 FEET OF TRACT 4 OF SNOHOMISH COUNTY SHORT PLAT NUMBER SP 307(7-77), RECORDED UNDER AUDITOR’S FILE NUMBER 7709090208, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SR 531172nd St NE 172nd St NE Portage Creek Star Annexation± City of Arlington Date: File: Cartographer: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but notlimited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources whichmay contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend,and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of the data presented in the maps. AirportOff rampsRail lineRest areaInterstateState RoutesMajor Ro adsPrimary Roads StreetsparcelsCLIP selectionArlington_UGAENTITYCity LimitsUGA Scale:Star_Annex_8.5x11_092611.mxd 09/26/11 TH 1 inch = 477 fe et Legend R H DRHD R H DRHD G CGC Edgecombe Creek Portage Creek ABBEY PL 95TH AVE NE OSPREY RD SR 531 SR 531SR 531 83RD DR NE 85TH AVE NE SR 531 164TH ST NE SR 9 182ND ST NE 89TH AVE NE 79TH AVE NE 82ND DR NE 84TH AVE NE 81ST DR NE 80TH DR NE 79TH DR NE 91ST AVE NE P/SP GC RLMD GC City Land Use ± Proposed Star Annexation Date: File: Cartographer: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. M ap data are compiledfrom a variety of sources which m ay contain errors and users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liabilityof any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use ofthe data presented in the m aps. Proposed Star AnnexationCity of Arlington City of Arlington UG APublic ROW Scale:StarLan dUse8.5x11.mxd 2/15/2012 th 1 inch = 787 fe et Legend RHD = High Density Residential RLMD = L ow t o M ode ra te Densi ty Re siden tia l GC = Gen eral Co mm erci al P/SP = Pu blic/Se mi-Pu blic Land Use R H DRHD R H DRHD G CGC Edgecombe Creek Portage Creek ABBEY PL 95TH AVE NE OSPREY RD SR 531 SR 531SR 531 83RD DR NE 85TH AVE NE SR 531 164TH ST NE SR 9 182ND ST NE 89TH AVE NE 79TH AVE NE 82ND DR NE 84TH AVE NE 81ST DR NE 80TH DR NE 79TH DR NE 91ST AVE NE P/SP GC RLMD GC City Zoning ± Proposed Star Annexation Date: File: Cartographer: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. M ap data are compiledfrom a variety of sources which m ay contain errors and users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liabilityof any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use ofthe data presented in the m aps. Proposed Star AnnexationCity of Arlington City of Arlington UG APublic ROW Scale:StarZoning 8.5 x11.mxd 2/15/2012 th 1 inch = 787 fe et Legend RHD = High Density Residential RLMD = L ow t o M ode ra te Densi ty Re siden tia l GC = Gen eral Co mm erci al P/SP = Pu blic/Se mi-Pu blic Zoning RESOLUTION NO. ______ 1 RESOLUTION NO.________ A RESOLUTION REGARDING THE ANNEXATION OF PROPERTY KNOWN AS THE STAR ANNEXATION WHEREAS, the City Council of the City of Arlington has reviewed the proposed annexation of property known as the Star Annexation; and WHEREAS, on January 23, 2012, the City Council held a meeting to schedule a future meeting to consider the 10% Petition for Annexation on the Star Annexation; and WHEREAS, the City Council held a public meeting on February 6, 2012, and accepted the 10% Petition for Annexation and allowed the proponent to circulate the 60% Petition for Annexation; and WHEREAS, the City Council held a public hearing on March 5, 2012, to hear testimony concerning the annexation of the properties within the proposed annexation area; and WHEREAS, the City Council reviewed the staff report concerning the annexation; and WHEREAS, the City Council believes annexation of the property with adoption of the city’s Land Use Designation of General Commercial and High Density Residential pursuant to the Comprehensive Plan and a Zoning Designation of General Commercial and High Density Residential is appropriate and achieves the goals of the GMA; and WHEREAS, the City Council believes that the annexation of the property is financially feasible, is appropriate under the Growth Management Act (GMA), and is in the best interests of the City; and WHEREAS, the City Council desires to have the issue of the proposed annexation considered by the Snohomish County Boundary Review Board as expeditiously as possible, in the interests of the citizens of the City of Arlington and the residents and business owners of the annexation area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, AS FOLLOWS: 1. City staff is hereby directed to prepare and submit a Notice of Intention to Annex the property described in the Star Annexation petition, together with the supporting materials and information required by law, to the Snohomish County Boundary Review Board forthwith. 2. The properties included in the annexation are described in the legal description (Exhibit A) and as shown on the vicinity map (Exhibit B). RESOLUTION NO. ______ 2 3. The properties shall have the land use designations and zoning designations as shown on Exhibits C & D, respectively. 4. The properties included in the annexation shall assume their proportionate share of the City’s indebtedness. APPROVED BY THE CITY COUNCIL of the City of Arlington this 19th day of March 2012. _______________________________ Barbara Tolbert, Mayor Attest: __________________________ Kristin Banfield, City Clerk Approved as to form: __________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB#2 Attachment D COUNCIL MEETING DATE: March 19, 2012 SUBJECT: Cemetery Name Change - Rename Babyland to Children’s Garden ATTACHMENTS: Cemetery Map showing Children’s Garden DEPARTMENT OF ORIGIN Arlington Municipal Cemetery EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The Cemetery Board is proposing to change the name of the section of the cemetery reserved for babies and children from its current name “Babyland” to “Children’s Garden”. HISTORY: During the several previous recent Cemetery Board meetings it was discussed, and eventually recommended, that the name of the section of the cemetery reserved for babies and children be changed from Babyland to Children’s Garden. The board has decided it would be more appropriate refer to this section as the “Children’s Garden” as some of the plots are used for children older than infants or babies. This was approved by the Cemetery Bboard at their January 2012 meeting. ALTERNATIVES - Do not rename Babyland Section - Table for further discussion RECOMMENDED MOTION: I move to authorize the Arlington Municipal Cemetery to rename the section of the cemetery known as “Babyland” to “Children’s Garden.” City of Arlington Council Agenda Bill Item: NB #3 Attachment E COUNCIL MEETING DATE: March 19, 2012 SUBJECT: City of Arlington & Marion Taylor Stormwater Agreement ATTACHMENTS: City of Arlington & Marion Taylor Stormwater Agreement DEPARTMENT OF ORIGIN Public Works - Stormwater Utility EXPENDITURES REQUESTED: $10.00 BUDGET CATEGORY: Fund 412 – Stormwater Utility Fund LEGAL REVIEW: DESCRIPTION: An agreement between the City of Arlington, and Marion and Patricia Taylor resolving stormwater issues dating back to 2006. HISTORY: The city of Arlington has, for some time, been discharging stormwater runoff from the 67th Ave right of way into the Taylor Industrial Park storm water system. Concurrently, the city and Marion Taylor had been jointly working on determining the impervious area for Taylor Industrial Park. Conversations regarding these two issues have been on-going since 2006. Recently, as part of the 67th Ave Rehabilitation Project, Phase 3, the city needed to acquire a construction easement from Taylor Industrial Park. With this stormwater agreement and the construction easement acquisition, the City and Marion Taylor are resolving all claims regarding stormwater issues involving Taylor Industrial Park. ALTERNATIVES - Do not approve agreement - Remand and to staff for further discussion RECOMMENDED MOTION: I move to approve the Stormwater Agreement between the City of Arlington and Marion and Patricia Taylor and authorize the mayor to sign the agreement, pending final review by the City Attorney. SETTLEMENT AGREEMENT SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement Agreement") is entered into this day by and between the City of Arlington, Washington (“the City”), a municipal corporation of the State of Washington, and Marion A. Taylor and Patricia L. Taylor, husband and wife (“Taylors”). RECITALS A. The City of Arlington is in the process of constructing improvements to 67 th Avenue NE, which improvements are commonly known as “67th Avenue NE Phase III”. B. Taylors own property along 67th Avenue NE commonly known as the “Taylor Industrial Park” (a/k/a Snohomish County tax parcel numbers 31051100300600, 31051100302000, 31051100302600, 31051100306900, and 31051100307000) and have cooperated with the City in the past and currently regarding stormwater and other issues. C. The parties intend this to be a binding agreement and to fully and finally resolve all claims among themselves pertaining to stormwater issues and the construction of 67th Avenue NE arising prior to the date of this agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and in exchange for ten dollars ($10.00) and other consideration, the receipt of which is hereby acknowledged, the parties do hereby agree, as follows: 1. The City shall take the following actions: a. The City shall promptly complete the acquisition of a temporary construction easement from Taylors in accordance with the negotiations conducted to date by the City’s right of way agents, HDR, Inc., which the parties agree fully reflects the fair market value of the temporary construction easement acquisition. b. The City agrees that the impervious area of Taylor Industrial Park is equivalent to 18 Equivalent Service Units (“ESUs”) as defined by Arlington Municipal Code (AMC) 13.28.060, and as measured by the city of Arlington GIS Department on February 29, 2012, as set forth on the attached map. c. The City acknowledges that Taylors will receive the full allowable 70% stormwater credit pursuant to AMC 13.12.550, effectively reducing the Taylors’ stormwater bill by reducing the 18 ESUs to 5 ESUs, subject to Taylor continuing to maintain the system as required by the Arlington Municipal Code. SETTLEMENT AGREEMENT 2. Taylors shall take the following actions: a. Taylors shall promptly complete the acquisition of the temporary construction easement by the City in accordance with the negotiations conducted to date by the City’s right of way agents, HDR, Inc., which the parties agree fully reflects the fair market value of the easement acquisition. b. Taylors agree that the impervious area of Taylor Industrial Park is equivalent to 18 Equivalent Service Units (“ESUs”) as defined by Arlington Municipal Code (AMC) 13.28.060, and as measured by the city of Arlington GIS Department on February 29, 2012, as set forth on the attached map. c. Taylors acknowledges that the City is granting the full allowable 70% stormwater credit pursuant to AMC 13.12.550, effectively reducing the Taylors’ stormwater bill by reducing the 18 ESUs to 5 ESUs. d. Commencing with the billing cycle following execution of this agreement by both parties, Taylors shall pay stormwater rates at the regular rate set forth in the Arlington Municipal Code (AMC) Title 13.12.540, subject to the credit set forth in subparagraph (c), above. 3. Release. In exchange for the foregoing, Taylors, on behalf of themselves, their heirs and assigns, do hereby release and forever discharge the City and agree to hold the City harmless from any and all claims, demands or causes of action whatsoever, including attorneys’ fees, in connection with the easement acquisition , and in connection with stormwater which has entered onto Taylors’ properties in the past, including, but not limited to, any prior agreements made or allegedly made by the City or its representatives. 4. Entire Agreement . This Settlement Agreement represents the entire agreement between the parties hereto representing the subject matter contained herein and may be modified only by a writing signed by both parties hereto. 5. Miscellaneous. Should any provision of this Settlement Agreement be declared or determined to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby, and the illegal or invalid part, term, or prov ision shall be deemed not to be part of this Settlement Agreement. 6. Warranties and Release. The undersigned represent and warrant that each is signing this Settlement Agreement of their own free will without threat or coercion, and each on their behalf have the full authority to do so, after having sought and obtained the advice of legal counsel. AGREED, ACCEPTED AND CONFIRMED EFFECTIVE THE DATE SET FORTH SETTLEMENT AGREEMENT BELOW: CITY OF ARLINGTON DATE: _______________ ____________________________________ Barbara Tolbert, Mayor ATTEST: _____________________________ Kristin Banfield, City Clerk TAYLORS: DATE: _______________ ___________________________________ Marion A. Taylor DATE: _______________ ___________________________________ Patricia L. Taylor SETTLEMENT AGREEMENT STATE OF WASHINGTON ) : ss COUNTY OF SNOHOMISH ) On this _____ day of March, 2012, 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: ____________ STATE OF WASHINGTON ) : ss COUNTY OF SNOHOMISH ) On this _____ day of March, 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Marion A. Taylor and Patricia L. Taylor, husband and wife, who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said persons, for the uses and purposes herein mentioned. 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: ______________________ Name:_____________________________________ SETTLEMENT AGREEMENT City of Arlington Council Agenda Bill Item: NB #4 Attachment F COUNCIL MEETING DATE: March 19, 2012 SUBJECT: 67th Avenue – ROW Easements and Dedications ATTACHMENTS: ROW Package 6 – Vouchers for Acquisition Packages Listed Below DEPARTMENT OF ORIGIN: Public Works – Eric Scott EXPENDITURES REQUESTED: $34,800.00 BUDGET CATEGORY: Transportation Imp. Fund, STP Grant LEGAL REVIEW: DESCRIPTION: Council is being asked to approve the acceptance of easements and dedications for the below noted properties and authorize the appropriate payments for same. HISTORY: The City needs to acquire additional right-of-way (ROW) and easements for the 67th Ave, Phase III project in accordance with WSDOT ROW procurement policies. We have the below ROW agreements that are ready to be signed by the mayor and appropriate payments made. Property Easement/Dedication Amount Limantzakis Properties Easement $2,700 Taylor Easement $32,100 TOTAL Package #6 Total Previous Packages #1-#5 Total Right of Way Acquisition to date $34,800 $180,062 $214,862 ALTERNATIVES • Remand to staff for additional information • Table pending additional discussion RECOMMENDED MOTION: I move to that Council authorize the mayor to sign the 67th Ave Phase 3 project Right-of-Way, Easement, and Real Estate transactions negotiated by the City of Arlington and their real estate transaction agent, HDR, Inc., for Taylor and Limantzakis Properties, pending final review by the City Attorney. City of Arlington Council Agenda Bill Item: NB #5 Attachment G COUNCIL MEETING DATE: March 19, 2012 SUBJECT: Acceptance of the Grant Award from the Transportation Improvement Board (TIB) for the Construction of 67th Ave Rehabilitation Project, Phase 3. ATTACHMENTS: - Letter notifying the City of the TIB award - Grant agreement for $6,049,731.00 DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: $0.00 BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Authorization for the Mayor to sign the TIB grant agreement in the amount of $6,049,731 for the construction of 67th Ave Phase 3. HISTORY: The city has been working on the design of the 67th Ave Phase 3 Rehabilitation project since 2008; the design is near completion and we are ready to go out to bid for the construction of this project. In 2011, the city applied for and received a grant from the Washington State Transportation Improvement Board in the amount of $6,049,731 for the construction of the 67th Ave Phase 3 project. This is a no match grant, and will allow the city to construct the 67th Ave Phase 3 project this year. ALTERNATIVES - Do not accept the grant - Remand to staff for further discussion RECOMMENDED MOTION: I move to accept the TIB grant agreement in the amount of $6,049,731 for the construction of 67th Ave Phase 3 and authorize the Mayor to sign the grant agreement, pending final review by the City Attorney. City of Arlington Council Agenda Bill Item: NB #6 Attachment H COUNCIL MEETING DATE: March 19, 2012 SUBJECT: Additional Environmental Consulting Services on Lot 108 ATTACHMENTS: Memo from Dale Carman, Airport Supervisor Contract Scope of Work Location Map DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: $16,070 for new change order; $49,368 total BUDGET CATEGORY: Professional Services LEGAL REVIEW: DESCRIPTION: This item involves the approval of a change order for additional environmental services by Shaw Environmental related to the clean-up of Lot 108. The additional services include excavation oversight of the removal of asbestos pipe discovered on Lot 108 including sampling of the ground surrounding the pipe; preparation of the project close-out report documenting field activities, sampling results, clean-up activities, findings and conclusions; and closeout of the Site Identification Number that was issued for the site by Ecology that allowed disposal of the contaminated material. HISTORY: Clean-up activities on Lot 108 began in 2011 after Shaw Environmental completed a Phase II Environmental study on the site that indicated the presence of among other things cPAHs, lead, and asbestos above clean-up levels. Phase I and Phase II Environmental studies were conducted on the site as a result of the detection of contamination during the demolition of the building on Lot 108 in 2010. To date the airport has entered into contracts with Shaw Environmental totaling $33,298. In July 2011, the Airport Commission approved $29,488 in contracts with Shaw. At their March 13, 2012 meeting the Airport Commission approved Change Order #2 in the amount of $16,070. The only contract that was not taken to the Airport Commission for approval was the original Phase I contract with Shaw for Lot 108 in the amount of $3,810. The new change order brings the total amount in contracts to $49,368. Given the cumulative amount to date of all of the contracts, staff is seeking approval from City Council of not only change order #2 in the amount of $16,070, but the total amount of contracts entered into with Shaw Environmental for Lot 108 ($49,368). ALTERNATIVES Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDED MOTION: Staff recommends City Council approve the $49,368 that has been contracted to Shaw Environmental for environmental consulting services on Lot 108. This includes the attached change order for $16,070. MEMO City of Arlington Airport To: City Council From: Dale Carman, Airport Supervisor Date: March 14, 2012 Subject: Additional Environmental Consulting Services on Lot 108 ISSUE: This item involves the approval of a change order for additional environmental services by Shaw Environmental related to the clean-up of Lot 108. BACKGROUND: Lot 108 is located in the industrial park on the east side of the airport. A number of uses have occupied the lot over the years including a public works building when the military owned the airport, an equipment storage facility for a fishing company, and most recently a seal coating/sandblasting operation. In 2010 the airport demolished the existing building to allow for re-development of the lot and at that time discovered contamination on the site. Since discovery of the contamination staff has been working with Shaw Environmental on clean-up of the site. DISCUSSION & ANALYSIS: Change order #2 currently being sought by Shaw Environmental includes excavation oversight of the removal of asbestos pipe discovered on Lot 108 including sampling of the ground surrounding the pipe; preparation of the project close-out report documenting field activities, sampling results, clean-up activities, findings and conclusions; and closeout of the Site Identification Number that was issued for the site by Ecology that allowed disposal of the contaminated material. It is staff’s hope that the additional services will be all that is required to close out the project. In addition to the attached change order, previous contracts entered into with Shaw Environmental for Lot 108 have included: Phase I Environmental Work $3,810.00 -Historic use of the property was researched and an assessment was done of the property for MEMO City of Arlington Airport potential environmental issues. Basis for Phase II work. Phase II Environmental Work $10,442.00 -Test pits were dug and samples taken -Phase II report was developed Change Order #1 $19,046.00 -Excavation oversight of test pit areas including sampling was completed -Waste profiling and disposal coordination was conducted -Included funds for excavation oversight of pipe including sampling -Included funds for development of report of activities It is important to note that as part of change order #1, funds were included for excavation oversight of the pipe and for the development of the report of field activities. Those two activities were never completed as part of Change Order #1 because extra funds were needed to pay for additional sampling activities as a result of the area of contamination being larger than anticipated. Those two activities are once again budgeted in the new change order that is being proposed. In addition to the environmental consulting fees being discussed in this memo, there are still two outstanding costs that are associated with the clean-up of Lot 108. One of the costs is the actual removal and abatement of the pipe (approved by Council on March 5th) and the other cost is the disposal of the contaminated soil. In terms of disposal costs, not all costs have been billed yet by Waste Management but to date the airport has been billed $18,581.08. There is also an underground heating oil tank that has been discovered on the property. Staff will coordinate removal of the tank once the piping has been removed and the sampling has been completed. MEMO City of Arlington Airport ALTERNATIVES: Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDATION: Staff recommends City Council approve the $49,368 that has been contracted to Shaw Environmental for environmental consulting services on Lot 108. This includes the attached change order for $16,070. B:\Project\Final\Cityofarlington\Proposal\City Of Arlington Chg Order No 2 01172012.Doc 12100 NE 195 TH STREET, SUITE 150, BOTHELL, WA 98011 425.485.5000 FAX 425.486.9766 SHAW ENVIRONMENTAL, INC. January 17, 2012 Mr. Dale Carman Arlington Municipal Airport City of Arlington 18204 59th Drive NE Arlington, WA 98223 Re: Change Order No. 2 for Environmental Consulting Services for the Property at 6221 188th Place NE, Arlington, Washington, 98223 Dear Mr. Carmen: As discussed, Shaw Environmental, Inc. (Shaw) is submitting this Change Order No. 2 for additional environmental services following the Phase 2 Environmental Site Assessment (ESA) following the demolition of the former public works building, Lot 108 at 6221 188th Place NE, Arlington, Washington, 98223 (Subject Property). Shaw understands that the City of Arlington (City) is considering leasing the Subject Property, or a portion thereof. Shaw’s additional work will include excavation oversight, additional soil sampling, final report preparation and Washington State Department of Ecology (Ecology) notification. These tasks are related to finishing the sampling and reports necessary to complete the site remediation following the Phase 2 ESA findings. Shaw understands that during the recent demolition of a former Public Works building on the Subject Property, the City identified unknown subsurface structures and reported odors in the immediate vicinity of one of these structures. Subsequently, the City had laboratory analyses performed on one soil sample taken approximately 4.5 feet below the ground surface (bgs) adjacent to the west manhole. The sample was tested for total petroleum hydrocarbons (TPH), polychlorinated biphenyls (PCBs), metal, volatile organic compounds (VOCs) and semi-volatile organic compounds (PAHs). The analytical results indicated that TPH contamination was present in the soil. BACKGROUND Summary of Environmental Site Assessments to Date In August 2010, Shaw performed a Phase 1 ESA focused on the former Public Works building on the Subject Project to identify past uses and associated contaminants of concern. This ESA identified the following recognized environmental conditions: The presence of petroleum-impacted soil of unknown origin/composition/quality discovered during recent demolition activities. MR. DALE CARMAN ARLINGTON MUNICIPAL AIRPORT JANUARY 17, 2012 PAGE 2 Historic operations at the Subject Property and unknown use/storage of petroleum products or hazardous materials. Engineering drawings indicating a potential former dry well located on the north side of the Subject Property and connected to adjacent public works facility to the west. Historic operations with storage and use of hazardous materials at sites upgradient of the Subject Property (formerly known as Stella-Jones facility). While response actions are being addressed by a responsible third party, there is potential for groundwater impact on the Subject Property. Based on the findings outlined above, Shaw developed the Phase 2 scope of work to address the conditions noted above. Phase 2 ESA In March 2011, Shaw excavated five test pits using a backhoe under/near the location of the former building. The test pits were dug to a total depth of between 6 and 12 feet bgs. The test pit locations included the following (See Figure 2): On the north corner of the property between two concrete manholes (CATP-1) On the north side of the property centered from east to west (CATP-2) Near the former steam manifold (CATP-3) In the center under the former building (CATP-4) Near the former drywell (CATP-5) A buried metal sheathed pipe was uncovered in three test pits: CATP-1, CATP-3, and CATP-5. The pipe contained solid black asphalt-like substance (solidified oil) and a damp asbestos material. The eastern most manhole was excavated and petroleum odors were noted, the west manhole was discovered broken up and buried during the digging of CATP-1. It appeared that there was burned material associated with the manholes indicating possible use as burn pits. There was a concrete bottom found under the eastern most manhole. A sample was collected from the bottom sediments of the contents in the eastern manhole (sample MANHOLE-CATP-1) and submitted for analysis. Six samples, one from the eastern most manhole contents, one from each test pit CATP-2 through CATP-5, and one from the buried pipe, were collected and analyzed TPH as diesel and oil (TPH D and TPH O) using Ecology Method NWTPH Dx; and TPH as gasoline (TPH G) using Ecology Method NWTPH Gx, Resource Conservation and Recovery Act (RCRA) 8 Metals using U.S. Environmental Protection Agency (EPA) Methods 6010B and 7471A, VOCs using EPA Method 8260B, and PAHs using EPA Method 8270C. One sample from the buried pipe was collected for asbestos and PCB analysis. MR. DALE CARMAN ARLINGTON MUNICIPAL AIRPORT JANUARY 17, 2012 PAGE 3 No soil was collected from CATP-1. Instead, samples were collected from the east manhole sediment and from a buried pipe found in CATP-1. Soil samples collected from the remaining four test pits (CATP-2, CATP-3, CATP-4, and CATP-5) indicated the following: Surface soil mixed with sandblast grit from test pit CAPT-3 (sample CATP-3-6”), near the former steam manifold, had elevated concentrations of cadmium above MTCA Method A Industrial Properties Soil Cleanup Levels. No contaminants of concern were detected in samples recovered from CATP-2, CATP 4 or CATP 5 above the MTCA Method A Industrial Properties Soil Cleanup Levels. East Manhole Sampling Results Based on field observations and the results of the City sampling, samples were collected from the east manhole. The results from the sample (MANHOLE-CATP-1) indicated the following: Sample MANHOLE-CATP-1 was found to contain TPH G at 170 mg/kg above the MTCA, above the Method A Industrial Properties Soil Cleanup Level of 100 mg/kg. Total xylenes were 30,000 µg/kg, above the MTCA Method A Industrial Properties Soil Cleanup Level of 9,000 µg/kg. Lead was detected at 1,300 mg/kg, above the MTCA Method A Soil Cleanup Level of 1,000 mg/kg. The Toxicity Characteristics Leaching Procedure (TCLP) analysis by EPA Method 1311/6010B was run for lead to assist in evaluation of disposal methods. The TCLP result was 68 milligrams per liter (mg/L); this is above the State of Washington adopted Federal Regulation of 5 mg/L, requiring the manhole, its contents, and associated contaminated soil be disposed of as a hazardous waste. Buried Pipe Sampling Results A buried (metal, concrete, transite, plastic) pipe was found in test pits CAPT 1, CAPT 3, and CATP 5 at a depth of approximately 2 feet below ground surface. The pipe contained a white, fibrous material in the center and a solid, black, asphaltic material; a metal sheathing contained all the materials. The results from the sampling of the buried pipe (in test pits CATP 1, CAPT 3, and CAPT 5) indicated the following: The white, fibrous material collected from CATP 1 contained 45 percent crysotile and 15 percent amosite. This exceeds the criterion of one percent or more asbestos that defines the material as asbestos-containing material (ACM). Analytical results from the solid, black, asphaltic material (likely motor or crude oil that solidified over time) showed TPH D and TPH O at 20,000 and 310,000 mg/kg, respectively, which are above the MTCA Method A Industrial Properties Soil Cleanup Level of MR. DALE CARMAN ARLINGTON MUNICIPAL AIRPORT JANUARY 17, 2012 PAGE 4 2,000 mg/kg for each compound. TPH G was detected at 110 mg/kg, which is also slightly above the MTCA Method A Industrial Properties Soil Cleanup Level of 100 mg/kg. Chrysene was detected at 21,000 µg/kg. The total carcinogenic PAHs (cPAHs) for PIPE CATP 1 are 2,100 µg/kg, which is above the MTCA Method A Industrial Properties Soil Cleanup Level of 2,000 µg/kg for benzo(a)pyrene. Based on these findings, excavation oversight and confirmation soil sampling were recommended by Shaw at the following areas: 1. Test pit CATP-3 for removal of the sandblast grit 2. The east and west manholes (including removal of the manholes, packaging the contents and concrete debris as hazardous waste, and excavation of any impacted soils) Excavating oversight, waste profiling and disposal coordination was also conducted by Shaw for the hazardous waste removed from the manholes and the non-hazardous materials removed from the sandblast grit area. Additional tasks required to finish this scope of work include: 1. Inspection and sampling of the buried pipe trench following removal and sampling to confirm that contaminated media identified in the buried pipe excavation has been removed. 2. Final report preparation and submittal to the City of Arlington and Ecology including notification of hazardous waste investigation. 3. Submittal of a Dangerous Waste Report for calendar year 2011 via the Washington Department of Ecology (WDOE) website Turbowaste. The following scope of work was developed to complete the above tasks. CHANGE ORDER SCOPE OF WORK Task 1 – Excavation Oversight and Confirmation Sampling of the Buried Pipe Shaw understands that the City will use its Correctional Department personnel (who are trained and certified for asbestos removal) to remove approximately 250 linear feet of asbestos containing pipe. The City or the City’s third party contractor must follow and comply with any federal or state laws or City regulation or ordinances which apply to the type of work. All documentation of Asbestos- Containing Materials (ACM) removal and disposal and asbestos removal personnel/contractor certifications as well as underground storage tank (UST) removal, sampling, and disposal will be supplied to Shaw by the City for inclusion in the Final Report. The City will defend, indemnify and hold harmless Shaw from and against any and all liabilities, claims, damages, losses, damages, fines or penalties resulting from the excavation work, or for any violation of laws, regulations or ordinances by the City or the third party contractor. MR. DALE CARMAN ARLINGTON MUNICIPAL AIRPORT JANUARY 17, 2012 PAGE 5 Visually contaminated soil with TPH, PAHs, or sandblast grit will be separated in roll-off bin or stockpiled on heavy duty plastic by the City. Any soil contaminated with asbestos containing material (ACM) will be separated and stored in an appropriate container and disposed of with the pipe. No additional samples are included for ACM materials. The City will call Shaw if they encounter any breaks in the pipes where contamination was released, or if any condition existing at the site prior to the arrival of Shaw or over which Shaw had no control. Shaw will conduct the following: Shaw will inspect the pipe trench with the aid of a photoionization detector (PID) to screen soil for VOCs as well as visual indicators. A total of 12 soil samples will be collected from the bottom of the buried pipe excavation- one every 25 feet on the bottom of the excavation at the locations most likely to have contamination (i.e., pipe joints, vaults, or elbows) or if no contamination is evident, at evenly spaced locations. Samples will be submitted for analysis of NTWPH-Gx, NWTPH-Dx, PAHs via EPA Method 8270C, and PCBs via EPA Method 8082. One day is allotted for the field effort. No waste profiling or disposal coordination is allotted for this task. Task 2 – Report Preparation and Ecology Notification A draft report will be written documenting the field activities, analytical results, waste profiling and manifests, findings and conclusions. The City comments will be incorporated and a final report will be prepared and submitted along with the Ecology Hazardous Waste Notification Form. Information on the ACM removal/disposal and UST removal/sampling/disposal by the City’s third party contractor will be included. Task3 –RCRA Site Identification Number Closeout A Resource Conservation and Recovery Act (RCRA) Site Identification Number was generated for the site by Ecology, it was necessary for the shipping and disposal of the hazardous waste from the east and west manholes and the paint/solvent dump area. Additional consulting costs are included for preparation and submittal of an Annual Report to Ecology including the waste manifests and documents necessary to closeout the RCRA Site Identification Number. Shaw has assumed 20 hours of a mid-level engineer’s time will be needed along with eight hours of a senior project geologist time, four hours of a senior technical consultant and two hours of project management time. MR. DALE CARMAN ARLINGTON MUNICIPAL AIRPORT JANUARY 17, 2012 PAGE 6 Cost Breakdown Item Cost/Item Number of Items Total Task 1 – Excavation Oversight and Confirmation Sampling around CATP-3 Subcontractors $2,640 1 $2,640 Shaw Labor $3,010 1 $3,010 Equipment/Expenses $330 1 $330 Subtotal: $5,980 Task 2 – Report Preparation Shaw Labor $7,470 1 $7,470 Subtotal: $7,470 Task 5 – RCRA Site Identification Number Closeout Shaw Labor $2,620 1 $2,620 Subtotal: $2,620 Total: $16,070 ASSUMPTIONS The costs described within this proposal for the completion of assessment work are based on the scope provided herein and the following assumptions: No additional samples are included for ACM materials. Certifications of all asbestos removal employees/contractors will be supplied to Shaw along with any reports or manifests generated. The amount of buried piping to be removed is approximately 250 linear feet. Any quantity beyond this amount will increase the cost of this proposal. One report will be prepared based on the observations made in the field and the analytical results including the waste disposal profiles and manifests. No formal work plan or sampling plan will be prepared. Shaw’s standards reporting for this work will be followed. Ground water will not be encountered. There will be no meetings/discussions with Ecology. The final report will be sent to Ecology along with the formal notification of Hazardous Waste Activities. MR. DALE CARMAN ARLINGTON MUNICIPAL AIRPORT JANUARY 17, 2012 PAGE 7 No Site information or data will be submitted to Ecology in the Voluntary Cleanup Program (VCP). It is not anticipated it will be needed with an Independent Cleanup Action. Shaw will close out the RCRA Site Identification Number which was related to the removal of the supersacks generated by the east manhole and associated paint/solvent dump area. Shaw has assumed a total of 20 hours for a mid-level engineer and eight hours of a Senior Project Geologist time will be sufficient to complete this task, only four hours of a Senior Technical Consultant and two hours of Project Management time are required. The City will supply Shaw will all waste manifests and associated documents. Once on-site, Shaw will have timely and complete access to all areas within the Subject Property. Any delays in entering the property might cause a delay to complete the work within the estimated time and the City may incur in additional costs. Shaw’s work does not include transportation or disposal of any hazardous waste materials. Any variation in these conditions may result in a change order to the City. PROPOSAL COST Shaw offers to perform the services described in this cost proposal for $16,070 on a time-and-materials basis. If this proposal is acceptable, please sign the attached Professional Services Agreement (PSA) and return a signed copy to me by email (PDF) at tim.oconnor@shawgrp.com or by fax to (425) 486-9766. Shaw will schedule the work upon receipt of the PSA. This proposal is valid for 30 days from the date of the proposal. If you have any questions, please call me at (425) 402-3208. We look forward to working with you on this project. Sincerely, SHAW ENVIRONMENTAL, INC. Tim O’Connor Senior Project Manager Attachments: Professional Services Agreement Figure 1, Site Location Map Figure 2, Excavation and Additional Soil Sample Locations © 2006 Shaw Environmental, Inc.Page 1 of 4 SEI________ CLIENT________ SHAW ENVIRONMENTAL, INC. PROFESSIONAL SERVICES AGREEMENT TIME AND MATERIALS BASIS 1. SERVICES: Shaw Environmental, Inc.(“SEI”) a Louisiana corporation, agrees to perform for the undersigned CLIENT professional environmental, health and safety, consulting and/or analytical services (“Services”) described in the attached Proposal dated January 12, 2012 and/or as follows: Proposal for Environmental Consulting Services for the Property at 6221 188th Place NE, Arlington, WA 98223, all in accord with the following terms and conditions. 2. FEES, INVOICES AND PAYMENTS: The Services will be performed on a time and materials basis, with compensation due for all goods and Services provided by SEI, computed in accord with currently-in- effect SEI rates for Time & Material work. SEI's particular applicable T & M Rate Sheet for the Services will be attached hereto. Other compensation provisions are as follows: Invoices will be submitted by SEI no more frequently than every two weeks, with payment due upon CLIENT’S receipt of invoice. Payment shall be in U.S. Dollars. CLIENT shall be responsible for payment (without deduction or offset from the total invoice amount) of any and all sales, use, value added, gross receipts, franchise and like taxes, and tariffs and duties, and all disposal fees and taxes, levied against SEI or its employees by any government or taxing authority. A service charge equal to one and one-half percent (1 ½ %) per month, or the maximum rate permitted by law, whichever is less, will be added to all accounts which remain unpaid for more than thirty (30) calendar days beyond the date of the invoice. Should there be any dispute as to any portion of an invoice, the undisputed portion shall be promptly paid. 3. CLIENT'S COOPERATION:To assist SEI in performing the Services, CLIENT shall (i) provide SEI with relevant material, data, and information in its possession pertaining to the specific project or activity, (ii) consult with SEI when requested, (iii) permit SEI reasonable access to relevant CLIENT sites, (iv) ensure reasonable cooperation of CLIENT's employees in SEI’s activities, and (v) notify and report to all regulatory agencies as required by such agencies. 4. CONFIDENTIALITY: In the course of performing Services, to the extent that CLIENT discloses to SEI, business or technical information that CLIENT clearly marks in writing as confidential or proprietary, SEI will exercise reasonable efforts to avoid the disclosure of such information to others. Nonetheless, CLIENT shall treat as confidential all information and data furnished to it by SEI in connection with this Agreement including, but not limited to, SEI's technology, formulae, procedures, processes, methods, trade secrets, ideas, inventions, and/or computer programs; and CLIENT shall not disclose such information to any third party. Nothing herein is meant to prevent nor shall be interpreted as preventing either party from disclosing and/or using any information or data (i) when the information or data are actually known to the receiving party before being obtained or derived from the transmitting party, (ii) when information or data are generally available to the public without the receiving party's fault at any time before or after it is acquired from the transmitting party; (iii) where the information or data are obtained or acquired in good faith at any time by the receiving party from a third party who has the same in good faith and who is not under any obligation to the transmitting party in respect thereto; (iv) where a written release is obtained by the receiving party from the transmitting party; (v) three (3) years from the date of receipt of such information; or (vi) when required by process of law; provided, however, upon service of such process, the recipient thereof shall use reasonable efforts to notify the other party and afford it an opportunity to resist such process. Except as required by law, CLIENT shall obtain SEI’s prior consent and cooperation with the formulation and release of any public disclosure in connection with this Agreement or work performed hereunder, before issuing a news release, public announcement, advertisement, or other form of publicity. 5. RIGHT TO USE INFORMATION AND DOCUMENTS: CLIENT may use any final reports of findings, feasibility studies, industrial hygiene and safety, engineering work or other work performed or prepared by SEI under this Agreement for its internal purposes in connection with the project and/or location indicated in the Services for which such work was prepared, but SEI reserves all other rights with respect to such documents and all other documents produced in performing the Services. CLIENT shall obtain prior written consent from SEI for any other use, distribution, or publication of such reports or work results. Unless otherwise expressly agreed to in writing, nothing in this Agreement shall be interpreted to prevent SEI from application and use of any information learned by it from the services (subject to the provisions of Section 4). All reports will be delivered subject to SEI's then current limitations and disclaimers. 6. PATENTS AND CONFIDENTIAL INFORMATION: SEI shall retain all right and title to all patentable and unpatentable inventions including confidential know-how developed by SEI hereunder. However, SEI hereby grants to CLIENT a royalty-free, nonexclusive, nonassignable license as to such inventions and know-how to use the same in any of 7 Page 2 of 4 SEI________ CLIENT________ CLIENT's facilities. Information submitted to CLIENT by SEI hereunder is not intended nor shall such submission constitute inducement and/or contribution to infringe any patent(s) owned by a third party, and SEI specifically disclaims any liability therefor. 7. DELAYS AND CHANGES IN CONDITIONS: If SEI is delayed or otherwise in any way hindered or impacted at any time in performing the Services by (i) an act, failure to act or neglect of CLIENT or CLIENT's employees or any third parties; (ii) changes in the scope of the work; (iii) unforeseen, differing or changed circumstances or conditions including differing site conditions, acts of force majeure (such as fires, floods, riots, and strikes); (iv) changes in government acts or regulations; (v) delay authorized by CLIENT and agreed to by SEI; or (vi) any other cause beyond the reasonable control of SEI, then 1) the time for completion of the Services shall be extended based upon the impact of the delay, and 2) SEI shall receive an equitable compensation adjustment. Any such equitable adjustment shall be based on SEI’s then current Time and Material Rates, as may be provided in a Rate sheet attached hereto. 8. INSURANCE: SEI is presently protected by Worker's Compensation Insurance as required by applicable law and by General Liability and Automobile Liability Insurance (in the amount of $1,000,000 combined single limit) for bodily injury and property damage. Insurance certificates will be furnished to Client on request. If the CLIENT requires further insurance coverage, SEI will endeavor to obtain said coverage, and CLIENT shall pay any extra costs therefor. 9. RISK ALLOCATION - CLIENT hereby agrees that: (1) there are risks inherent to the Services, many of which cannot be ascertained or anticipated prior to or during the course of the Services; (2) due to the inherently limited nature and amount of the data resulting from environmental investigation methods, complete analysis of conditions is not always possible, and, therefore, conditions frequently vary from those anticipated earlier; and (3) technology, methods, accepted professional standards as well as law and policy, are undefined and/or constantly changing and evolving. In light of all of the foregoing and considering SEI's lack of responsibility for creating the conditions requiring the Services, as a material inducement to and consideration for SEI's agreement to perform the Services on the terms and at the price herein provided for, CLIENT SPECIFICALLY AGREES THAT SEI'S LIABILITY SHALL BE STRICTLY LIMITED AS PROVIDED IN SECTIONS 10 THROUGH 12 OF THIS AGREEMENT. 10. WARRANTY: SEI is an independent contractor and SEI's Services will be performed, findings obtained, and recommendations prepared in accordance with generally and currently accepted professional practices and standards governing recognized firms in the area engaged in similar work. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED. 11. INDEMNITIES: SEI shall defend, indemnify and hold harmless CLIENT from and against loss or damage to tangible property, or injury to persons, to the extent arising from the negligent acts or omissions or willful misconduct of SEI, its subcontractors, and their respective employees and agents acting in the course and scope of their employment; provided, however, SEI shall indemnify CLIENT from and against any loss or damage in the handling or management of any hazardous or radioactive material, or any pollution, contamination, or release of hazardous or radioactive materials, only to the extent resulting from SEI's gross negligence or willful misconduct. CLIENT shall defend, indemnify and save harmless SEI (including its parent, subsidiary, and affiliated companies and their officers, directors, employees, and agents) from and against, and any indemnity by SEI shall not apply to, loss, damage, injury or liability arising from the (i) acts or omissions of CLIENT, its contractors, and their respective subcontractors, employees and agents, or of third parties; (ii) any allegations that SEI is the owner, operator, manager, or person in charge of all or any portion of a site addressed by the services, or arranged for the treatment, transportation, or disposal of, or owned or possessed, or chose the treatment, transportation or disposal site for, any material with respect to which Services are provided, and (iii) any pollution, contamination or release of hazardous or radioactive materials, including all adverse health effects thereof, except for any portion thereof which results from SEI's gross negligence or willful misconduct. 12. LIMITATIONS OF LIABILITY: a. GENERAL LIMITATION - CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR ANY ALLEGED BREACH OF WARRANTY BY SEI SHALL BE TO REQUIRE SEI TO RE-PERFORM ANY DEFECTIVE SERVICES. SEI'S LIABILITY AND CLIENT'S REMEDIES FOR ALL CAUSES OF ACTION ARISING HEREUNDER WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, OR ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED IN THE CUMULATIVE AGGREGATE (INCLUDING ANY INSURANCE PROCEEDS) WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHATEVER MINIMUM AMOUNT MAY BE REQUIRED BY LAW OR, IF NONE, THE LESSER OF THE AMOUNT OF COMPENSATION FOR SUCH SERVICES, OR $100,000 (WHICH AMOUNT INCLUDES ANY FEES AND COSTS INCURRED IN RE-PERFORMING SERVICES BUT DOES NOT INCLUDE INSURANCE PROCEEDS IF THE CAUSE OF ACTION IS COVERED BY INSURANCE). THE REMEDIES IN THIS AGREEMENT ARE CLIENT'S SOLE AND Page 3 of 4 SEI________ CLIENT________ EXCLUSIVE REMEDIES. ALL CLAIMS, INCLUDING THOSE FOR NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER SHALL BE DEEMED WAIVED UNLESS SUIT THEREON IS FILED WITHIN ONE (1) YEAR AFTER THE EARLIER OF (1) SEI'S SUBSTANTIAL COMPLETION OF THE SERVICES OR (2) THE DATE OF SEI'S FINAL INVOICE. FURTHER, SEI SHALL HAVE NO LIABILITY FOR ANY ACTION INCLUDING DISCLOSURE OF INFORMATION WHERE IT BELIEVES IN GOOD FAITH THAT SUCH ACTION IS REQUIRED BY PROFESSIONAL STANDARDS OF CONDUCT FOR THE PRESERVATION OF PUBLIC HEALTH, SAFETY OR WELFARE, OR BY LAW. b. CONSEQUENTIAL DAMAGES: FURTHER AND REGARDLESS OF ANY OTHER PROVISION HEREIN, SEI SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DECLINE IN PROPERTY VALUE, REGULATORY AGENCY FINES, LOST PRODUCTION OR LOSS OF USE) INCURRED BY CLIENT OR FOR WHICH CLIENT MAY BE LIABLE TO ANY THIRD PARTY OCCASIONED BY THE SERVICES OR BY APPLICATION OR USE OF REPORTS OR OTHER WORK PERFORMED HEREUNDER. 13. GOVERNING LAWS: This Agreement shall be governed and construed in accordance with the laws of the State in which the site to which the Services relate is located. 14. TERMINATION: Either party may terminate this Agreement with or without cause upon twenty (20) days’ written notice to the other party. Upon such termination, CLIENT shall pay SEI for all Services performed hereunder up to the date of such termination. In addition, if CLIENT terminates, CLIENT shall pay SEI all reasonable costs and expenses incurred by SEI in effecting the termination, including, but not limited to non-cancelable commitments and demobilization costs. 15. ASSIGNMENT: Neither SEI nor CLIENT shall assign any right or delegate any duty under this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Services may be performed by any subsidiary or affiliate of The Shaw Group Inc., or other person designated by SEI, and, SEI may, upon notice to CLIENT, assign, pledge or otherwise hypothecate the cash proceeds and accounts receivable resulting from the performance of any Services or sale of any goods pursuant to this Agreement. 16. MISCELLANEOUS: a. ENTIRE AGREEMENT, PRECEDENCE, ACCEPTANCE MODIFICATIONS: The terms and conditions set forth herein constitute the entire understanding of the Parties relating to the provisions of the Services by SEI to the CLIENT. All previous proposals, offers, and other communications relative to the provisions of these Services by SEI, oral or written, are hereby superseded, except to the extent that they have been expressly incorporated by reference herein. In the event of conflict, the four pages of this Agreement shall govern. CLIENT may accept these terms and conditions by execution of this Agreement or by authorizing SEI to begin work. Any modifications or revision of any provisions hereof or any additional provisions contained in any purchase order, acknowledgement or other document issued by the CLIENT is hereby expressly objected to by SEI and shall not operate to modify the Agreement. b. DISPUTES, ATTORNEY FEES – Any dispute regarding this Agreement or the Services shall be resolved first by exchange of documents by senior management of the parties, who may be assisted by counsel. Any thereafter unresolved disputes shall be litigated in the state whose law governs under Section 13 hereunder. In any litigation, the Prevailing Party shall be entitled to receive, as part of any award or judgment, eighty percent (80%) of its reasonable attorneys’ fees and costs incurred in handling the dispute. For these purposes, the “Prevailing Party” shall be the party who obtains a litigation result more favorable to it than its last formal written offer (made at least twenty calendar days prior to the formal trial) to settle such litigation. c. WAIVER OF TERMS AND CONDITIONS - The failure of SEI or CLIENT in any one or more instances to enforce one or more of the terms or conditions of this Agreement or to exercise any right or privilege in the Agreement or the waiver by SEI or CLIENT of any breach of the terms or conditions of this Agreement shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no such failure to enforce had occurred. d. NOTICES – Any notices required hereunder may be sent by orally confirmed US Mail, courier service (e.g. FedEx), orally confirmed telecopy (fax) or orally confirmed email (further confirmed by US Mail) to the addresses set forth below. e. SEVERABILITY AND SURVIVAL - Each provision of this Agreement is severable from the others. Should any provision of this Agreement be found invalid or unenforceable, such provision shall be ineffective only to the extent required by law, without invalidating the remainder of such provision or the remainder of this Agreement. Further, to the extent permitted by law, any provision found invalid or unenforceable shall be deemed automatically redrawn to the extent necessary to render it valid and enforceable consistent with the parties' Page 4 of 4 SEI________ CLIENT________ intent. For example, if the gross negligence standard in Section 11 is unenforceable under an applicable “anti- indemnity” statute, but a sole negligence standard is enforceable, the sole negligence standard shall be automatically substituted therefor. The terms and conditions set forth herein shall survive the termination of this Agreement. CLIENT and SEI agree to the foregoing (INCLUDING THE LIMITATIONS ON LIABILITY IN SECTIONS 9-12) and have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. Executed on January ___, 2012 CLIENT Client Name: CITY OF ARLINGTON By (Sign): ____________________________________________ Print Name: ___________________________________________ Title: ________________________________________________ Address: 18204 59th Drive NE Arlington, Washington 98223 Phone: _______________________________________________ Fax: _________________________________________________ E-mail: _______________________________________________ SHAW ENVIRONMENTAL, INC. By (Sign):_____________________________________________ Print: Dave Alford Title: Pacific Northwest District Manager Address: 12100 NE 195th Street, Suite 150 Bothell, WA, 98011 Phone: (425) 402-3238 Fax: (425) 486-9766 E-mail: Dave.alford@shawgrp.com City of Arlington Council Agenda Bill Item: NB #7 Attachment I COUNCIL MEETING DATE: March 19, 2012 SUBJECT: Approval of Short Term Interfund Loans for February 2012 ATTACHMENTS: Detail of Interfund Loans DEPARTMENT OF ORIGIN Finance Department EXPENDITURES REQUESTED: BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: At the End of February there were three funds that required Short Term Interfund loans to prevent a negative month-end cash balance. In accordance with 2012-005, allowing the Finance Director to make such interfund loans and report the status of such loans to the City Council each month, the attached document (Exhibit 1) describes which funds needed the loans and which funds provided the loans. HISTORY: The City has several Funds with small fund balances (cash positions) to begin 2012. Those funds may need monetary assistance until revenues are actually received (property taxes) to prevent them from reflecting a deficit fund balance at the end of any month. ALTERNATIVES Do not make interfund loans and allow funds to remain in a negative fund balance at month- end. RECOMMENDED MOTION: I move to approve the Short Term Interfund Loans made at the end of February 2012, as presented by the Finance Director and direct those loans be paid as soon as there are sufficient fund to do so. 2012 Interfund Loans Exhibit 1 Interest to be repaid at the Local Government Investment Pool monthly rate. FROM: Growth Fund Payments Loan TO:Date Loan Amount Principal Interest Balance General Fund 2/29/2012 162,700.00$ -$ -$ 162,700.00$ 3/31/2012 - - - - 4/30/2012 - - - - 5/31/2012 - - - - Cause: Expect Property Revenues in May to repay the loan FROM: Growth Fund Payments Loan TO:Date Loan Amount Principal Interest Balance Emergency Medical Services Fund 2/29/2012 65,500.00$ -$ -$ 65,500.00$ Amount Repaid 3/31/2012 - - - - 4/30/2012 - - - - 5/31/2012 - - - - Cause: Expect Property Revenues in May to repay the loan FROM: Equip Rental Replacement Fund Payments Loan TO:Date Loan Amount Principal Interest Balance Equipment Rental M & O Fund 2/29/2012 14,000.00$ -$ -$ 14,000.00$ Amount Repaid 3/31/2012 - - - - 4/30/2012 - - - - 5/31/2012 - - - - Cause: Annual Insurance bill paid in January and large Fire Truck repair bill paid in Feb. Local Gov. Investment Pool Rate 1/31/2012 0.1213% 2/29/2012 0.1394% 3/31/2012 4/30/2012 5/31/2012