HomeMy WebLinkAbout05-28-24 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1.Contract with Department of Commerce for Commercial Kitchen Facility ATTACHMENT A
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Michele Blythe
2. Ordinance Extending a Moratorium for Island Crossing Development ATTACHMENT B
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Michele Blythe
3.Programming Services for MBR Program at Water Reclamation Facility ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Rob Toyer
4.Amendment #3 to the BHC contract for MBR Optimization at ATTACHMENT D
the Water Reclamation Facility
Staff Presentation: Jim Kelly
Council Liaison: Leisha Nobach
5.Scope of Work and Fee from Commonstreet Consulting for ATTACHMENT E
the 188th/Smokey Point Blvd Roundabout Project
Staff Presentation: Jim Kelly
Council Liaison: Jan Schuette
6. April 2024 Financial Report ATTACHMENT F
Staff Presentation: Kristin Garcia
Arlington City Council Workshop
Tuesday, May 28, 2024 at 6:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
7. Community and Economic Development 2nd Quarter Report ATTACHMENT G
Staff Presentation: Marc Hayes
8. Utilities and Transportation 2nd Quarter Report ATTACHMENT H
Staff Presentation: Jim Kelly
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
City of Arlington Council Agenda Bill WS #1 Attachment May 28, 2024 Contract with Department of Commerce for Commercial Kitchen Facility
Contract with Department of Commerce
Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: BUDGET CATEGORY: Parks Capital BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: other commercial kitchen entrepreneur needs. The commercial kitchen would include a food preparation multipurpose area that could serve as a dining area and event area. The grant for the design of the commercial kitchen must be obligated by June 30, 2024.
The City received a grant from the Department of Commerce in the amount of $563,570 to design a commercial kitchen facility at the food truck court. ALTERNATIVES:
move to approve the contract with Department of Commerce and authorize the Mayor to sign.”
Washington State Department of Commerce - Ver.06_09_22
www.commerce.wa.gov
Grant to
City of Arlington
through
The 2024 Local and Community Projects Program
For
Arlington Commercial Kitchen (Arlington) – Design of a commercial
kitchen facility.
Start date: 7/1/2023
TABLE OF CONTENTS
Face Sheet ..................................................................................................................... 1
Special Terms and Conditions ........................................................................................ 2
1. Grant Management .................................................................................. 2
2. Compensation .......................................................................................... 2
3. Certification of Funds Performance Measures ......................................... 2
4. Prevailing Wage Law ............................................................................... 3
5. Documentation and Security .................................................................... 3
6. Basis for Establishing Real Property Values for Acquisitions of Real Property .... 4
7. Expenditures Eligible for Reimbursement ................................................ 4
8. Billing Procedures and Payment .............................................................. 4
9. Subcontractor Data Collection……………………………………………… 5
10. Insurance ................................................................................................. 5
11. Order of Precedence ................................................................................ 7
12. Reduction in Funds .................................................................................. 7
13. Ownership of Project/Capital Facilities ..................................................... 7
14. Change of Ownership or Use for GRANTEE-Owned Property ................. 8
15. Change of Use for Leased Property Performance Measure ..................... 8
16. Modification to the Project Budget ............................................................ 8
17. Signage, Markers and Publications .......................................................... 9
18. Historical and Cultural Artifacts ................................................................ 9
19. Reappropriation ..................................................................................... 10
20. Termination for Fraud or Misrepresentation ........................................... 10
21. Fraud and Other Loss Reporting ............................................................ 10
22. Public Records Act ................................................................................. 10
23. Applicability of Copyright Provisions to Architectural/Engineering Design Work 10
General Terms and Conditions ....................................................................................... 1
1. Definitions ................................................................................................ 1
2. Access to Data ......................................................................................... 1
3. Advance Payments Prohibited ................................................................. 1
4. All Writings Contained Herein .................................................................. 1
5. Amendments ............................................................................................ 1
6. Americans with Disabilities Act (ADA) ...................................................... 2
7. Assignment .............................................................................................. 2
8. Attorney’s Fees ........................................................................................ 2
9. Audit ........................................................................................................ 2
10. Breaches of Other State Contracts...…………………………………………3
11. Confidentiality/Safeguarding of Information .............................................. 3
12. Conflict of Interest .................................................................................... 3
13. Copyright Provision .................................................................................. 4
14. Disputes ................................................................................................... 4
15. Duplicate Payment ................................................................................... 5
16. Governing Law and Venue ....................................................................... 5
17. Indemnification ......................................................................................... 5
18. Independent Capacity of the Grantee ....................................................... 5
19. Industrial Insurance Coverage ................................................................. 6
20. Laws ........................................................................................................ 6
21. Licensing, Accreditation and Registration ................................................ 6
22. Limitation of Authority .............................................................................. 6
23. Noncompliance with Nondiscrimination Laws ........................................... 6
24. Pay Equity……………………………………………………………………….6
25. Political Activities ..................................................................................... 7
26. Publicity ................................................................................................... 7
27. Recapture ................................................................................................ 7
28. Records Maintenance .............................................................................. 7
29. Registration with Department of Revenue ................................................ 7
30. Right of Inspection…………………………………………………… ……….8
31. Savings .................................................................................................... 8
32. Severability .............................................................................................. 8
33. Site Security ............................................................................................. 8
34. Subgranting/Subcontracting ..................................................................... 8
35. Survival .................................................................................................... 8
36. Taxes ....................................................................................................... 8
37. Termination for Cause ............................................................................. 8
38. Termination for Convenience ................................................................... 9
39. Termination Procedures ........................................................................... 9
40. Treatment of Assets ............................................................................... 10
41. Waiver ................................................................................................... 10
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
FACE SHEET
Grant Number: 24-96647-015
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit
1.GRANTEE 2.GRANTEE Doing Business As (optional)
City of Arlington
238 N Olympic Ave.
Arlington, Washington 98223
3. Grantee Representative 4.COMMERCE Representative
Sarah Lopez
Community Engagement Director
360-403-3448
sarahl@arlingtonwa.gov
Chuck Hunter
Project Manager
(360) 764-3312
Fax 360-586-5880
chuck.hunter@commerce.wa.gov
P.O. Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
5.Grant Amount 6. Funding Source 7. Start Date 8. End Date
$563,570.00 Federal: State: Other: N/A: 7/1/2023 6/30/2027, contingent on
reappropriation,
6/30/2025 if funds are not
reappropriated
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID #11. SWV #12. UBI #13. DUNS #
91-6001401 SWV0001819-00 311-001-370 N/A
14.Grant Purpose
The purpose of this performance-based contract is to provide funding for design of a commercial kitchen facility as described in
Attachment A – Scope of Work (the “Project”).
COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms
of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget, Attachment “C” –
Certification of Availability of Funds to Complete the Project, Attachment “D” – Certification of the Payment and Reporting of
Prevailing Wages, Attachment “E” – Certification of Intent to Enter LEED process.
FOR GRANTEE FOR COMMERCE
Don E. Vanney, Mayor
APPROVED AS TO FORM
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
2
THIS CONTRACT, entered into by and between City of Arlington (“GRANTEE”), and the Washington
State Department of Commerce (“COMMERCE”), WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2023, Chapter 474, Section 1025,
made an appropriation to support the 2024 Local and Community Projects Program, and directed
COMMERCE to administer those funds; and
WHEREAS, the GRANTEE intends to complete the Project, which will result in design of a
commercial kitchen facility; and
WHEREAS, the enabling legislation stipulates that the GRANTEE is eligible to receive funding for
the Project.
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1.GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2.COMPENSATION
COMMERCE shall pay an amount not to exceed $563,570.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work.
3.CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A.The release of state funds under this contract is contingent upon the GRANTEE certifying that it
has expended or has access to funds from non-state sources as set forth in ATTACHMENT C
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non-state sources may consist of a combination of any of the following:
i)Eligible Project expenditures prior to the execution of this contract.
ii)Cash dedicated to the Project.
iii)Funds available through a letter of credit or other binding loan commitment(s).
iv)Pledges from foundations or corporations.
v)Pledges from individual donors.
vi)The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal perf ormed by a licensed,
professional real estate appraiser, or a current property tax statement.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
3
COMMERCE will not consider appraisals for prospective values of such property for the
purposes of calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE’S approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE’S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over $250,000 in state funds. Additionally,
Commerce reserves the right to review all state-funded projects and to require that projects
performed by other entity types comply with this section. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for pre-design or design only
are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum
period of ten (10) years following the later of: (1) final payment of state funds to the GRANTEE
under this grant; or (2) the date when the facility improved or acquired with grant funds, or a
distinct phase of the Project, is made useable to the public for the purpose intended by the
Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and
conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to
reconvey the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the
commitment period under this grant contract, COMM ERCE may require that GRANTEE record or
cause to be recorded a covenant in a superior lien position ahead of the lender’s security
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this
contract for at least the term of the commitment period
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
4
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When all or part of the grant is used to fund the acquisition of real property, before funds are
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the
value of the real property eligible for reimbursement as follows:
a. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth e lsewhere in this contract, for Project
expenditures corresponding to activities described in the Scope of Work in the following cost
categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for of eligible Project expenditures, up to the maximum
payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE
shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents
capitalized Project activity performed – by budget line item – for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this contract , or within fifteen (15) days following the end of
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
5
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 19, hereof.
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors”
shall mean subcontractors of any tier.
10. INSURANCE
A. Insurance Requirements for Reimbursable Activities
The GRANTEE will maintain appropriate insurance coverage throughout any period in which
reimbursable activities are conducted. The intent of the required insurance is to protect the state of
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either,
while performing under the terms of this Grant.
B. Additional Insurance Requirements during the Term of the Grant
The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per
occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide
adequate insurance coverage for the activities arising out of subgrants. Commercial General
Liability Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 14, and 15.
Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall
cover the following hazards , as applicable:
Loss or damage by fire and such other risks;
Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks or similar apparatus now or hereafter installed in a building or building on the
premises.
Property Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 14, and 15.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant t o this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE’s fiscal agent as beneficiary.
Fidelity Insurance coverage shall be maintained in full force and effect from the start date of this
Grant until Commerce has issued a Close-Out Letter to the Grantee. Fidelity Insurance must be
issued on either (a) a “loss sustained” basis; or (b) if issued on a “loss -discovered” basis, provide
coverage for at least six months (6 months) following the date of the Close-Out Letter or include an
extended reporting period of at least six months following the date of the Close -Out Letter.
The insurance required shall be issued by an insurance com pany authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from
the insurance issuing agency. The copies or certifications shall show the insurance coverage, the
designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE
will be provided thirty (30) days advance written notice of cancellation.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
Professional Liability, Errors and Omissions Insurance for Contractors. The GRANTEE
shall require that any contractors providing professional services that are reimbursable under this
Grant maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall
require such contractors to maintain minimum limits of no less than $1,000,000 per occurrence.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
7
The state of Washington, its agents, officers, and employees need not be named as additional
insureds under these policies.
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting.
GRANTEE’s participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self -insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self-
insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self-
insurance will be provided on the anniversary of the start date of this Agreement.
11.ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Budget
Attachment C – Certification of the Availability of Funds to Complete the Project
Attachment D – Certification of the Payment and Reporting of Prevailing Wages
Attachment E – Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
12.REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
13.OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
8
14.CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A.The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the later of: (1) the
date the final payment is made hereunder; or (2) the date when the facility improved or acquired
with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose
intended by the Legislature.
B.This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C.In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions.
15.CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A.The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10) years from the later of: (1) the date the final payment is made hereunder; or (2) the
date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is
made usable to the public for the purpose intended by the Legislature.
B.In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions.
16.MODIFICATION TO THE PROJECT BUDGET
A.Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the
line item by more than fifteen percent (15%).
B.The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof,
that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent
(15%) threshold increase described above.
C.Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D.Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
SPECIAL TERMS AND CONDITIONS
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STATE FUNDS
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17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Proje ct,
any such communication or publication must identify “The Taxpayers of Washington State” as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 21-02 or
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Contract.
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor’s Executive Order 21-02 as applicable, coordinate with Commerce and the Washington
State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize,
or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this
Contract.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of W ork attached hereto.
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor’s Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National
Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2025 will
lapse on that date unless specifically reappropriated by the Washington State Legislature.
B. If funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropr iation.
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C. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed to
the GRANTEE under the Grant.
21. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
22. PUBLIC RECORDS ACT
Notwithstanding General Terms and Conditions Section 11, COMMERCE is a public agency subject
to the Public Records Act, Chapter 42.56 RCW (the “PRA”). Under the PRA, all materials relating to
the conduct of government or the performance of any governmental or proprietary function prepared,
owned, used, or retained by COMMERCE or its functional equivalents are considered public records.
The PRA requires that public records responsive to a public records request be promptly produced
unless the PRA or an “other statute” exempts such records from production. This Agreement is not
intended to alter COMMERCE’s obligations under the PRA. The parties agree that if COMMERCE
receives a public records request for files that may include confidential information under General
Terms and Conditions Section 11, COMMERCE will notify the other party of the request and of the
date that the records will be released to the requester unless GRANTEE obtains a court order
enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA,
COMMERCE shall maintain the confidentiality of the information per the court order.
23. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK
The “Copyright Provisions”, Section 13 of the General Terms and Conditions, are not intended to
apply to any architectural and engineering design work funded by this grant.
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1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. “Grant” and “Agreement” and “Contract” shall mean the entire written agreement between
COMMERCE and the GRANTEE, including any exhibits, attachments, documents, or materials
incorporated by reference, and any amendments executed by the parties.
D. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
E. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms “subgrantee/subcontractor” refers to any tier.
H. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass -
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange fo r
goods and/or services in the course of normal trade or commerce.
I. “Vendor” is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee -for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE’s reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
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6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 10 1-336, also referred to
as the “ADA” 28 CFR Part 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys ’ fees and costs.
9. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE’s records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to
auditreview@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
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GENERAL GRANT
STATE FUNDS
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Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential”
by COMMERCE;
2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of governm ent services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Eth ics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the
procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pur suant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
4
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start dat e
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified
individually by name, the agency previously or currently employed by, job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract
by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the “Disputes” clause of this contract.
13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be consi dered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent , register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
14. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the GRANTEE's name, address, and Contract number; and
be mailed to the Director and the other party’s (respondent’s) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
5
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
15. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant , subgrant/subcontract, or agreement, for the
same services or expenses. The GRANTEE certifies that work to be performed under this contract
does not duplicate any work to be charged against any other grant, subgrant/subcontract, or
agreement.
16. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
17. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resultin g from the
performance of the contract. “Claim” as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys ’ fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees.
The Contractor’s obligation shall not include such claims that may be caused by the sole negligence
of the State and its agencies, officials, agents, and employees. If the claims or damages are caused
by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the
Contractor, its subcontractors, agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Contractor or its subcontractors, agents, or
employees.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6
19. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to
collect from the GRANTEE.
20. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
21. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
22. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
24. PAY EQUITY
The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
7
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
25. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are lim ited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
26. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
27. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
28. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
8
30. RIGHT OF INSPECTION
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or
any of its officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Grant.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
32. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
33. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
34. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE’s duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every
subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not
liable for claims or damages arising from a subgrantee’s/subcontractor’s performance of the
subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without
the express written consent of COMMERCE or as provided by law.
35. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
36. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
37. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
9
Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the
need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant
may be terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience”
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
39. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
10
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termi nation of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
40. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in
part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
41. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Attachment A
Scope of Work
Funds awarded under this grant shall be used by the City of Arlington for design of a commercial kitchen
facility located at Arlington Municipal Airport in the Northeast corner of 51st Avenue and 172nd Street,
Arlington, WA.
This will include, but not be limited to, the design of the commercial kitchen facility.
This project will serve as a benefit to the public as a part of a larger project to create a food truck park that
is intended to create jobs, provide educational opportunities, benefit small businesses, and increase the
amount of prepared food available to the community.
This project is anticipated to be completed by June 2024.
Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be
within the scope of the legislative appropriation.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written belo w.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Attachment B
Budget
Line Item Amount
Architecture & Engineering $563,570.00
Total Contracted Amount: $563,570.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Attachment C
Certification of the Availability of Funds to Complete the Project
Non-State Funds Amount Total
Total Non-State Funds $0.00 $0.00
State Funds
State Capital Budget $563,570.00 $563,570.00
Total Non-State and State Sources $563,570.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE’s governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is
committed in writing and available and will remain committed and available solely and specifically for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE’S review upon reasonable request.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Attachment D
Certification of the Payment and Reporting of Prevailing Wages
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date
the Project appropriation becomes effective, including but not limited to the filing of the “Statement of
Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The
GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall
make such records available for COMMERCE’S review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Attachment E
Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
_____________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
City of Arlington Council Agenda Bill WS #2 Attachment May 28, 2024 Extension of Island Crossing Moratorium
Ordinance
Community and Economic Development; Marc Hayes, Director EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Subarea Plan to be developed by the city staff and their consultant.
Emergency ordinance 2023-008 was adopted by the City on June 12, 2023, in order to suspend any new development applications within the identified Island Crossing Subarea and provide time for City staff and their consultants to conduct studies that will identify a vision and long-term design of the Island Crossing “Gateway” to include development design standards, infrastructure needs, conceptual roadway design, access control, stormwater solutions, and traffic throughput. The interim emergency ordinance is due to expire on June 12, 2024, and requires an extension of that moratorium timeline to complete the described work. ALTERNATIVES: Remand to staff for additional information.
to approve the ordinance extending a moratorium on the issuance of development permits within the Island Crossing subarea and authorize the Mayor to sign it”.
Ordinance No. 2024-xxx 1
ORDINANCE NO. 2024-XXX
AN INTERIM ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON,
EXTENDING A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS
WITHIN THE ISLAND CROSSING SUBAREA
WHEREAS, in conformity with the responsibilities of the City of Arlington to provide for
public health, safety and welfare requirements and zoning and land use regulations pursuant to
state law, and City’s authority to regulate land use activity within its corporate limits, the City
has adopted land use regulations; and
WHEREAS, the City Council has become aware of heightened interest of development
within the Island Crossing subarea; and
WHEREAS, particularly with parcels taking access from Highway 530, public safety issues
are raising additional concerns for future development; and
WHEREAS, the City is concerned about the proliferation of development and its impact
on traffic and safety, potential flooding, and additional issues associated with development in
this area; and
WHEREAS, a moratorium will provide the City with additional time to review and amend
its public health, safety and welfare requirements and zoning and land use regulations in the
Island Crossing subarea to preserve and protect land uses in the City and to assure orderly
development within the area; and
WHEREAS, Washington State law, including Sections 35A.63.220 and 36.70A.390 of the
Revised Code of Washington, (RCW) authorizes Washington cities to adopt moratoria and
provides for a process for a public hearing which must be held within sixty days of the dates of
the adoption of the moratorium; and
WHEREAS, the City previously adopted ordinance 2023-008 on June 12, 2023, which
scheduled a public hearing required by RCW 36.70A.390 on July 3, 2023, after which the public
hearing continued in effect; and
WHEREAS, the City Council finds that the moratorium should be continued until the City
staff and consultants can complete their work; and
WHEREAS, the City Council adopts the foregoing as its findings of fact justifying the
adoption of this ordinance;
NOW, THEREFORE, the City Council of the City of Arlington, Washington, do
ordain as follows:
Ordinance No. 2024-xxx 2
Section 1. Findings. The recitals set forth above are hereby adopted as the Arlington City
Council's findings in support of the moratorium imposed by this ordinance.
Section 2. Moratorium Extended. A moratorium is extended for a period of six (6)
months on the issuance of any development regulations within the Island Crossing subarea, as
more particularly defined in section 4 of Ordinance 2023-008. No new building permits,
occupancy permits, business licenses, development permits or approval or any other city-issued
license or permit shall be issued for any of the properties within the Island Crossing Subarea;
provided, however, that this shall not prohibit the issuance of permits in the event of an
emergency, to enable an existing property owner or business to maintain their buildings and
appurtenances or stay in compliance with business licensing regulations, or to permit the
correction of code violations.
Section 3. Term of Moratorium. The moratorium imposed by this ordinance shall
become effective on the date hereof and shall continue in effect for six months, unless
repealed, extended or modified by the City Council after subsequent public hearing(s) and entry
of appropriate findings of fact, pursuant to RCW 36.70A.390, provided that the moratorium
shall automatically expire upon the effective date of the adoption by the City Council of
additional public health, safety and welfare requirements and zoning and land use regulations
to address regulation of the Island Crossing subarea in the City of Arlington.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 5. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this ordinance take effect immediately upon passage by a
majority vote plus one of the whole membership of the Council, and that the same is not
subject to a referendum (RCW 35A.12.130). Without an immediate moratorium on the City’s
acceptance of development applications for the Smokey Point Subarea, said subarea could
locate and develop in a manner incompatible with the codes eventually adopted by the City.
Therefore, the moratorium must be imposed as an emergency measure to protect the public
health, safety, and welfare.
Section 6. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 7. Effective Date. This ordinance shall take effect and be in full force and effect
five days following its publication as provided by law; provided, however, that unless extended
by act of the City Council, this ordinance shall automatically expire six (6) months following its
adoption.
Ordinance No. 2024-xxx 3
APPROVED AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON June 3, 2024.
CITY OF ARLINGTON:
______________________________________
Don E. Vanney, Mayor
ATTEST:
______________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
______________________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill WS #3 Attachment May 28, 2024 Programming Services for MBR Program for Membranes at Water Reclamation Facility Kubota Quotation for programming services
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $120,000 BUDGET CATEGORY: Wastewater Capital Fund 406 BUDGETED AMOUNT: $420,000 (Wastewater Capital Fund) LEGAL REVIEW: DESCRIPTION: Programming services for Kubota Membranes for Water Reclamation Facility MBR
The City of Arlington’s membrane bioreactor (MBR) process (membranes and computer operating program) were placed into operation in 2010. The Kubota flat plat membranes were replaced on all of the MBR trains in 2022-2023 due to age. Likewise, the current computer program is 14 years old and outdated to the point it cannot communicate with newer, upgraded system components. This procurement is for the purchase of a current Kubota flat plate membrane operating computer program and labor for installation and training. ALTERNATIVES:
Workshop; discussion only. At the June 3, 2024 Council meeting, the recommended motion will be. “I move to approve contracting the MBR programming with Kubota Membrane USA for the City of Arlington’s Water Reclamation Facility and authorize the mayor to sign the contract.”
CONTROLS UPGRADE FOR THE CITY OF ARLINGTON, WASHINGTON
KUBOTA Membrane USA | Phone: (425) 898-2858 | Fax: (425) 898-2853
May 20, 2024
James X. Kelly PE
Public Works Director
City of Arlington
Mr. Kelly
Kubota Membrane USA (KMU) is pleased to provide this updated proposal for programming services in
support of the Arlington WA programming standards upgrade project per your request and the discussion
we had with the City of Arlington technical staff.
Scope of Work
We understand our scope to include rewriting the PLC code for the MBR portion of the facility according
to the latest Kubota standards using the Wonderware System Platform version of the HMI graphics. As
part of this programming effort, we will also incorporate the new programming required for the permeate
basin process changes under construction at present.
In our discussion with the City, we understand that the city will purchase and upgrade their existing
Wonderware software from InTouch to System platform, and that this new software will be installed by the
City on new servers provided by the city. We will then import our standard graphics into this new galaxy
to control the equipment connected to the MBR PLC Control panel.
As an additive option, we can install the system platform software and set up the galaxy architecture and
add the other processes controlled by other plant PLCs to the galaxy but this price is not included in the
current proposal.
In order to upgrade the MBR PLC code and related graphics an upgrade of the existing PLC Processor to a
new Allen Bradley 1756-L82 Processor will be required. The existing PLC processor is end -of-life and does
not support some of the modern functions required in the Kubota standard. This new processor will fit into
the existing PLC IO rack and has been verified to be compatible with the existing communication
equipment.
We will develop all programming on Control Engineers development machines and software, and run a full
simulation to test the complete program operation. Once complete we will conduct a software factory
acceptance test that can be witnessed (either in person or remotely) by the City of Arlington staff. Once
the program is completely tested and verified, we will travel to the site to install the new PLC processor
and import the graphical objects. We will then verify proper plant operation and provide operator training.
Since there will be substantial coordination required between Kubota, Control Engineers and city
programmer, we have allocated ten days on site plus two travel days for this effort.
New Kubota Standard Program
CONTROLS UPGRADE FOR THE CITY OF ARLINGTON, WASHINGTON
KUBOTA Membrane USA | Phone: (425) 898-2858 | Fax: (425) 898-2853
The new control system will be programmed to Kubota programming standards, including high -
performance HMI principles and improved MBR operation. This new version standard program is co-
developed by Kubota and Control Engineers after 20 years of operational experience in US and Japan.
Features include best lessons learned including :
– PID loop “last state” memory, stabilizing permeate flow
– Modern Object-Oriented Principles promoting standardization and improving troubleshooting
– Built in Analog Signal Filtering
– Staged equipment startup to minimize peak power demand
– Staged basin rotation to match a variety of influent flow conditions
High Performance Principles :
– Use of Short-Duration Trends on Overview Screen
– Alarm Banner
– Advanced Alarming System that minimizes nuisance alarms
– Advanced Trend Analysis
Kubota Customizations :
– Top-to-bottom, left to right flow
– Coordinated Color Palette, minimalist design
– 16 x 9 Aspect ratio, works on phone, HD monitors
– Easy Navigation Tabs
– Simplified Interlock display
– Secure Remote monitoring
Additive Option
As an additive option, we can install the system platform software and set up the galaxy architecture and
add the other processes controlled by other plant PLCs to the galaxy but this price is not included in the
current proposal.
Price
A summary of proposed price for the equipment and services above is summarized below:
Line Item Description Price
Programming Development of new graphics in System Platform,
rewriting of existing code for all MBR systems.
56,000
Processor Allen Bradley 1756-L82E PLC 15,700
Factory Acceptance Testing 2 Days 3,000
Startup and tuning Ten days on site to install new code, coordinate with
plant technical personnel, perform operator training
and verify plant operation and tuning.
39,800
Operator Manual 1 set 3,000
After Service Any program tuning requested within 12 months of
completion
6,000
Total 123,500
CONTROLS UPGRADE FOR THE CITY OF ARLINGTON, WASHINGTON
KUBOTA Membrane USA | Phone: (425) 898-2858 | Fax: (425) 898-2853
The proposed cost for this work is $123,500 (Tax not included).
Payment Term
20% down with Purchase Order
80% upon Installation of Product
Please feel free to contact me with any questions on this proposal.
Regards,
Hiro Kuge
Technology Manager
KUBOTA Membrane USA Corporation
425-919-2853
Hiroo.Kuge@kubota.com
City of Arlington Council Agenda Bill WS #4 Attachment May 28, 2024
Scope of Work and Fee Estimate
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $46,204.00 BUDGET CATEGORY: Sewer Capital Funds BUDGETED AMOUNT: $420,000.00 LEGAL REVIEW: DESCRIPTION: This Scope of Work (SOW) and fee estimate from BHC is for additional work requested for new MBR blower design, selection, sizing, specification, and support at the Water Reclamation Facility.
The City contracted with BHC in 2021 for support services during the membrane replacement and optimization project. While the MBR replacement is complete, during the optimization phase it was determined that the MBR blowers and MBR control program are both not operating in an efficient and effective manner. The proposed amendment to the BHC contract is for support services with selecting, sizing, and specifying new MBR blowers to increase air supply and redundancy. Original PSA $ 82,886.00 Amendment #1 TIME ONLY EXTENSION Amendment #2 $ 37,089.00 Amendment #3 $ 46,204.00 ALTERNATIVES:
Workshop; discussion only. At the June 3, 2024 Council meeting, the recommended motion will be, “I move to approve Amendment No. 3 to the BHC contract for MBR Optimization and authorize the mayor to sign the amendment.”
05/08/24 7:21 AM \\arlington\city\PW_Admin\Contracts\BHC Consultants\05_Membrane Replace & Optimize\Amendment #3\WRF Amendment 3_20240506.docx
Contract Amendment No. 3
To
Professional Services Agreement
For
WRF Membrane Replacement, Optimization, and Services During Construction
P02.490.1
This amendment authorizes the modification of the Professional Services Agreement between the City
of Arlington and BHC Consultants. for the WRF Membrane Replacement, Optimization, and Services
During Construction contract, executed on August 3, 2021. Unless modified below, all terms and
conditions contained in the Professional Service Agreement remain current and in effect for the
completion of the contract.
It is mutually agreed that the above referenced agreement is amended as follows:
AMENDMENT
1.Scope of Work - The project scope of work is increased for additional tasks as detailed in the Scope
of Services Supplement No 2., dated 5/3/2024 and included with this amendment as Exhibit A.
2.Fee - This additional work included under this amendment shall be performed for a not to exceed
fee of $ 46,204.00 in accordance with the fee schedule included with this amendment as Exhibit
B.
EXECUTION
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first
above written.
BHC Consultants City of Arlington
Tom Giese, Vice President Don E. Vanney, Mayor
Page 1
EXHIBIT A
City of Arlington
WRF Membrane Replacement, Optimization, and Services During Construction
Scope of Work Amendment No. 3
05/06/2024
Project Background
BHC Consultants, LLC (BHC) had contracted with the City of Arlington (City) to evaluate
optimization of the existing membrane bioreactor (MBR) process at the Water Reclamation
Facility (WRF). The primary focus of this optimization effort was to evaluate membrane scour
air supply and control and evaluate operational modifications to enhance biological phosphorus
removal. Through this effort, it became apparent that the MBR blowers were not delivering the
amount of air they should, despite the blowers having been recently rehabilitated and having
shown adequate performance during original factory testing. It also became apparent that the
current MBR control program had limitations and suboptimal procedures that were impacting
effectiveness of the MBR process. As a result of these findings, the City decided it is necessary
to install a fourth MBR blower and replace the existing MBR control program with a newer
program offered by Kubota that provides greater flexibility and efficiency and resolves many
shortcomings of the current program. The City asked BHC to assist with selection, sizing, and
specifying a new MBR blower, which the City would purchase and have installed, and also
provide as-needed assistance with implementation of the new MBR control programming. This
additional scope of work was amended to the current contract for WRF Membrane
Replacement, Optimization, and Services During Construction. As BHC worked with the City to
select and size a new MBR blower, the City decided to include a second new MBR blower to
provide the desired level of redundancy and include modifications to the existing controls to
facilitate operation of the new MBR blowers under all operating conditions, such that the existing
positive displacement (PD) blowers that remain will not be required to operate. Due to the
increased scope and complexity of the improvements, the City has asked BHC to prepare
additional design documents that were not included in the scope of the prior amendment.
Amended Scope of Work
BHC proposes changes to the Scope of Work tasks and additional tasks as described below.
1. Project Management and Quality Control
As indicated in the prior amendment, the budget for this task was expected to be depleted in
the second quarter of 2024. Therefore, the scope added through this second amendment
necessitates additional budget under this task to cover the duration of the project. It is
expected that the project duration could extend up to one year. Budget is included for
ongoing client communications and invoicing over this duration as well as design team
coordination and internal QC review of documents.
City of Arlington
WRF Membrane Replacement, Optimization, and Services During Construction
Scope of Work Amendment No. 3
Page 2
2. Site Visits, Meetings, and Workshops
The site visits, meetings, and workshops scoped under this task have been completed. No
further work will be completed under this task.
3. Membrane Replacement Technical Memorandum
This task has been completed. No further work will be completed under this task.
4. As-Needed Services During Construction
This task has been completed. No further work will be completed under this task.
5. MBR and BNR Optimization
BHC has completed the evaluations associated with the optimization effort and submitted a
draft technical memorandum to the City for review. The only work remaining under this task
is to address final comments from the City on the current draft document and issue a final
PDF copy of the technical memorandum, if the City has comments requiring revisions.
Budget remaining from the initial authorization should be sufficient to cover this remaining
work, as long as the revisions pertain only to the content of the current draft document.
6. MBR Blower Selection, Sizing, Specification, and Support
The majority of the work scoped for this task has been completed. Remaining work includes
reviewing submittals from the MBR blower manufacturer associated with the MBR blower
pre-purchase, providing technical input pertaining to installation of the new MBR blowers,
and conducting a site visit to review installation of the new MBR blowers.
7. As-Needed MBR Programming Support
The City will be contracting directly with Kubota to have them update the MBR control
program. BHC will provide technical support to the City upon request to review information
and provide input pertaining to the MBR control programming. A total of $10,000 has been
allocated to this task for as-needed support that may include, among other things, assisting
with review of program narratives and logic, review of program screens and functions,
refinement of control narratives, site visits, meetings, assistance with determination of
control settings, troubleshooting, and review of programming performance. A portion of this
budget has been spent, with concurrence from the City, to cover out-of-scope work related
to the MBR blowers (i.e., energy savings calculations for the new turbo blowers and a site
visit to the Monroe WWTP to review their turbo blower installation). The remaining amount of
approximately $6,800 should be sufficient to provide the necessary support.
8. Prepare Bid Documents
BHC will prepare drawings and specifications for the proposed improvements. BHC will
provide a draft submittal for review by the City, conduct a review workshop with the City,
address City comments, and produce a final set of documents for bidding. Draft and final bid
documents will be provided as electronic copies only. Bid document preparation will include
the following activities:
City of Arlington
WRF Membrane Replacement, Optimization, and Services During Construction
Scope of Work Amendment No. 3
Page 3
• Prepare mechanical and structural drawings for the proposed improvement. The City
has indicated they will hire an on-call electrician to perform all electrical work and an
on-call systems integrator to perform all controls work. Therefore, electrical design
will be limited to confirming sizing and selection of the correct components and
instrumentation work will be limited to programming support covered under Task 7.
The following is a list of anticipated drawings, which is the basis of the budget
estimate:
o S1 Structural General Notes and Blower Pad Detail
o M1 Blower Installation Plan and Section
o M2 Blower Installation Details
o M3 Membrane Air Header Plan
o M4 Membrane Air Header Sections and Details
• Prepare technical specifications. Draft technical specifications will be prepared in CSI
format (Divisions 1 – 17). The final technical specifications will incorporate
comments received from the City on the draft specifications. The City will prepare all
other necessary documents (e.g., front end documents) and incorporate the
technical specifications prepared by BHC into a complete project manual. The
following is a list of anticipated technical specifications, which is the basis of the
budget estimate:
o 11501 Electric Actuators
o 15060 Process Pipe and Supports
o 15100 Valves and Piping Appurtenances
o 17120 Flow Measurement
9. Construction Support Services
Although there are 20 hours for installation support and time for one site visit allocated
under Task 6, that effort needs to be expanded to provide additional as-needed support to
assist with more submittal reviews and assisting with responses as-needed to requests for
information. An additional 24 hours have been allocated under this task to provide as-
needed construction support. Furthermore, 6 hours have been allocated for a second site
visit by one person from BHC to provide oversight during startup. A total of 30 hours has
been allocated for construction support services.
Schedule
BHC will undertake to complete the Scope of Work based on the schedule listed below
assuming authorization is received by the beginning of June 2024.
• August 2024 – Draft Bid Documents
• September 2024 – Final Bid Documents
Budget
The additional budget for the added Scope of Work is $46,204. BHC will be compensated on a
time and materials basis per the attached budget estimate. Compensation shall not exceed the
budgeted amount without prior authorization from the City.
City of Arlington
WRF Membrane Replacement, Optimization, and Services During Construction
Scope of Work Amendment No. 3
Page 4
Exclusions
The following items are not included in this Scope of Work, but may be added via a separate
contract amendment at a later date at the discretion of the City:
• Environmental reviews.
• Geotechnical investigations or cultural resources survey.
• Stormwater or drainage improvements.
• Surveying or utility potholing.
• Condition Assessments of existing equipment, structures, etc.
• Preparation of an engineering report.
• Amendments or updates to the existing comprehensive wastewater plan or facility plan.
• Preparing drawings, specifications, or other bid documents beyond those identified
herein. The City will prepare all other documents and incorporate the technical
specifications prepared by BHC as necessary to assemble a complete bid package.
• Preparing cost estimates.
• Electrical or instrumentation and control design.
• Hard copies of draft or final bid documents.
• Hard copies of documents or other deliverables. All deliverables will be submitted
electronically.
• Design workshops beyond the one identified in Task 8 for reviewing the draft design
submittal.
• Bid support services.
• Construction support services beyond the allocated effort identified herein.
• Site visits beyond the two (2) total identified in Tasks 6 and 9.
• Preparation of a SEPA checklist will not be required for installation of designated future
equipment.
• Coordination with Ecology and response to comments from Ecology. Ecology will not
need to review documents associated with installation of designated future equipment.
• Preparation and submittal of permit applications. Installation of a new MBR blower will
only require an electrical permit, which will be procured by the City and their on-call
electrician.
• Preparation of a construction quality assurance plan (CQAP).
• Programming services.
• Preparation of record drawings.
Exhibit B - Budget Amendment No. 3
City of Arlington
WRF Membrane Replacement, Optimization, and Services During Construction
5/6/2024
Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost
1 Project Management and Quality Control
Project Setup, Invoicing, Client Communication $0 6 $1,560 $0 $0 $0 $0 $0 12 $1,560 $0 18 $3,120
Project Team Coordination $0 12 $3,120 $0 $0 $0 $0 $0 $0 12 $3,120
QC Reviews 4 $1,060 $0 $0 $0 $0 $0 $0 $0 $0 4 $1,060
Subtotal 4 $1,060 18 $4,680 0 $0 0 $0 0 $0 0 $0 0 $0 12 $1,560 0 $0 34 $7,300
8 Prepare Bid Documents
Drawings $0 26 $6,760 6 $1,500 6 $1,560 32 $5,280 80 $10,800 5 $850 $0 $0 155 $26,750
Specifications $0 9 $2,340 $0 $0 9 $1,485 $0 $0 $0 4 $500 22 $4,325
Subtotal 0 $0 35 $9,100 6 $1,500 6 $1,560 41 $6,765 80 $10,800 5 $850 0 $0 4 $500 177 $31,075
10 Construction Support Services
As-Needed Construction Support $0 18 $4,680 2 $500 2 $520 2 $330 $0 $0 $0 $0 24 $6,030
Additional Site Visit $0 6 $1,560 $0 $0 $0 $0 $0 $0 $0 6 $1,560
Subtotal 0 $0 24 $6,240 2 $500 2 $520 2 $330 0 $0 0 $0 0 $0 0 $0 30 $7,590
4 $1,060 77 $20,020 8 $2,000 8 $2,080 43 $7,095 80 $10,800 5 $850 12 $1,560 4 $500 241 $45,965
Other Direct Costs
Mileage @ $0.67 per mile $167
Miscellaneous $50
Subtotal $217
Markup @ 10%$22
TOTAL ODC $239
Osloe
$265 $260 $250Task DescriptionTask No.$260
Ochiltree Giese Palmatier Franco
$165 $125$135 $130$170
Krishnamurthy CAD Drafter Coughlin McElwain
Total
City of Arlington Council Agenda Bill WS #5 Attachment May 28, 2024 Scope of Work (SOW) and fee from Commonstreet Consulting for additional Right-of-Way (ROW)
Amendment No. 1 Scope of Work / Fee
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: Not to Exceed $55,556.00 BUDGET CATEGORY: Transportation Improvement Fund, Grant Funding BUDGETED AMOUNT: $500,000 (2023-2024) LEGAL REVIEW: DESCRIPTION: 188th/Smokey Point Blvd Roundabout project.
The City of Arlington is moving forward with the installation of a roundabout at the 188th St and Smokey Point Blvd intersection. This project required the City to procure rights-of-way from several abutting parcel owners. Since federal funding is on this project, all procurement has to be contracted through an independent third party that negotiates for the right-of-way purchase without involvement by the City. The initial scope of work with Commonstreet was for services to procure two parcels. This contract amendment authorizes Commonstreet to procure the remaining parcels needed for the 188th Roundabout construction. ALTERNATIVES:
“I move to accept the Commonstreet Consulting scope of work for a fee not to exceed $55,556 for the 188th/Smokey Pt Blvd Roundabout Right of Way services, and authorize the Mayor to sign the amendment, pending final approval by the City Attorney.”
92 Lenora St, PMB 125
Seattle, WA 98121
(844) ROW CERT
9961
(844 info@csrow.com
www.csrow.com
April 24, 2024
Mr. James Kelly
City of Arlington, Public Works
154 West Cox
Arlington WA 98223
Re: Revisions to Scope and Fee – PW-T23.008 f.k.a as 188th St Roundabout-Longhorn Saloon
Dear Mr. Kelly: Commonstreet appreciates the opportunity to partner with and work for the City of Arlington.
This request for a revised scope and supplemental budget is result of a) additional relocation tasks for Longhorn
Saloon (relocation plan), b) transferring remaining work on Jammeh to this contract, and c) the City’s request
for ROW services for 5 additional parcels for the 188th St Roundabout project.
Scope Summary, Assumptions and Project Understanding- It is assumed that relocation planning is required
for the Longhorn Saloon whole parcel acquisition and displacement, five (5) partial acquisitions are required
from: Smokey Y’s, Kazen, Wendell and Schack, Stillaguamish Tribe, and Allen Investiments, all remaining work
on Jammeh will be done under this contract. This request for a supplemental also includes relocation planning
services not included in the original scope. WSDOT ROW Certification service for the entire project will also be
required and was not contemplated in the original scope. It is also assumed 1) no personal property
relocations or displacements will be required, 2) no design changes will occur after the offer has been made,
and 3) that all acquisitions have been or will be valued by a WSDOT Approved Appraiser contracted directly to
the City. All acquisition activities will be executed in accordance with the City’s approved Right of Way
Procedures, the WSDOT LAG Manual, and all applicable state laws. It is further assumed no WSDOT ROW
Certification will be required.
Further, we understand that time is of essence for acquisition of the needed property rights and that the City
understands that the right of way services are being obtained within a proposed abbreviated right of way
acquisition schedule. Commonstreet will use its best efforts to meet the proposed schedule and is experienced
providing schedule saving and risk mitigation strategies to meet similar schedules. It is assumed that the City is
willing to use its condemnation authority to acquire these necessary property rights. Use of stipulations to
Public Use and Necessity can be considered as part of the project approach to meet the proposed schedule.
Best regards,
Chris LaBonte
Principal
Page 2
SCOPE AND FEE PROPOSAL | City of Arlington #2
Scope of Services
Task 1.0 – Project Management
• Prepare for and lead Right of Way Task Force Meetings;
• Respond to inquiries and needs identified by your Agency and/or Project Stakeholders;
• Provide public outreach and communication plan with impacted parcel owners;
• Provide written and oral status updates on parcel acquisitions;
• Provide oversight to all aspects of the right of way program including title, negotiations, relocations (if any) and
closing preparations tasks;
• Review Agency’s approved Right of Way Procedures;
• Develop and execute the Right of Way program in compliance with Uniform Act and WSDOT LAG manual
requirements;
• Maintain quality control/quality assurance protocols in the execution of the right of way task;
• Coordinate appraisal and appraisal review tasks/prepare Appraisal Waivers as needed.
Task 2.0 - Title Review and Conveyance Documents Drafts
• Create state and federal compliant project files for each parcel;
• Review title reports for each parcel and recommend clearance/acceptance of each exception;
• Request the City order new and/or updates to existing title commitments;
• Once a parcel’s title interest has been reviewed, identify method of clearance per Agency direction;
• Prepare documents needed to clear liens or encumbrances;
• Prepare offer letters and all documents needed to convey temporary and/or permanent property interests;
• Review City-prepared templates for State and Federal compliance.
Task 3.0 - Appraisal and Appraisal Review Coordination
• Review appraisal/valuation and appraisal review reports for each affected parcel;
• Review design elements with City’s design team.
Task 4.0 - Negotiations, Administrative Settlements and QA/QC
• Contact property owners, present offers, negotiation compensation and settlement terms.
• As needed, prepare Administrative Justifications compliant with City and LAG Manual requirements;
• Facilitate execution of offer package/conveyance documents, deliver executed offer package to City for payment
processing and recording.
• Facilitate execution of offer package/conveyance documents, deliver executed offer package to City for payment
processing and recording.
Task 5.0 – Escrow/Payment Processing and Recording
• Where escrow is utilized, provide escrow instructions as to payment and closing terms;
• Provide City with property owner executed payment vouchers;
• Facilitate recording of all conveyance documents;
• Secure proof of payment from City.
Task 6.0 - File Close Out
• Completed acquisition/relocation files in format satisfactory to the City;
• Facilitate completion of file closing, and provide to the City (electronic and/or hard copy);
Page 3
SCOPE AND FEE PROPOSAL | City of Arlington #2
• Prepare up to 7 parcel files for submission to WSDOT LAC for certification;
• Prepare certification letters and submissions for WSDOT LAC.
Task 7.0 – Business Relocation
• Conduct inventory at business site;
• Draft and get approved Relocation Plan;
• Prepare Request for Proposal for commercial movers and arrange a walk-thru date;
• Analyze bids received from commercial movers;
• Prepare move bid recommendation;
• Analyze tax returs if displacee is eligible for “in lieu” option;
• Calculate loss of tangibles, if applicable;
• Analyze contractor invoices and prepare reestablishment and move cost recommendations, if applicable;
• Prepare all required relocation documentation;
• Conduct vacate inspection;
• Coordinate payments to displacee.
Page 4
SCOPE AND FEE PROPOSAL | City of Arlington #2
Supplemental (additional)SCOPE AND FEE TABLE SUMMARY
Task 1.0 - Project Management
Tasks include client and stakeholder communications; leading of
task force meetings; state compliance oversight, risk
management tasks affecting the right of way program and
schedule and budget controls.
Principal @ $279.53/hr @ 3 hr
Senior Project Manager @$206.85/hr @ 5
hrs
$839
$1,035
Task 2.0 - Title Review and Conveyance Documents Drafts
Tasks reviewing title reports for all affected parcels, establishing
ownership data, identifying clearance items, drafting all
conveyance documents and vouchers, and clearing title
encumbrances, as needed.
Senior Project Control Specialist @
$139.77/hr @ 2 hrs
$280
Task 3.0 – Appraisal/Appraisal Review Coordination
Review appraisal/valuation and appraisal review reports for
each affected parcel and integrate findings into offer packages.
Review design elements with City’s design team.
Senior Project Control Specialist @
$139.77/hr @ 1.5 hrs
$210
Task 4.0 - Negotiations, Administrative Settlements, QA/QC
Includes project file set-up, reviewing of all appraisal and
compensation data, presenting offer package and negotiating
settlements.
Senior Right of Way Agent @ $169.85/hr @
200 hrs
$33,970
Task 5.0 – Escrow/Payment Processing and Recording
Includes either setting up client escrow account or facilitating
execution of all conveyance documents, payment vouchers and
closing data along with recording of conveyance documents and
closing of acquisition file.
Senior Project Control Specialist @
$139.77/hr @1 hr
$140
Task 6.0-File Close Out
Completed acquisition/relocation files in format satisfactory to
the City; Facilitate completion of file closing, and provide to the
City (electronic and/or hard copy).
Senior Project Control Specialist @
$139.77/hr @ 5 hrs
$699
Task 7.0-Business Relocation
Draft Relocation Plan and get WSDOT approval. Conduct
inventory at business site; prepare request for proposal for
commercial movers and arrange a walk-thru date; analyze bids
received from commercial movers; prepare move bid
recommendation; analyze tax returns if displacee is elibible for
“in lieu” option; calculate loss of tangibles, if applicable; analyze
contractor invoices and prepare reestablishment and move cost
recommendations, if applicable; prepare all required relocation
documentation; conduct vacate inspection; coordinate
payments to displacee.
Relo Project Manager @$179.47/hr @ 85 hrs
Senior Right of Way Agent @ $169.85/hr @
15 hrs
$15,255
$2,548
Sub Total $54,976
Other Direct Costs (ODC’s)
Mileage @ $.625
Copy, Printing, Delivery
$480
$100
Grand Total - Services and ODC’s $55,556
City of Arlington Council Agenda Bill WS #6 Attachment
May 28, 2024 April Financial 2024 Financial Report
Narrative General Fund Operating Statement Revenue Charts Other Fund Operating Statements ARPA Funds Status Update Smartsheet Active Project Report 2023 Unaudited Financial Statements
Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
ARPA Program Summary
April 2024
Updated Budget Amount Spent to Date:Completed By:
Laptops for remote work/field use $ 306 306$ Complete
Touchless entry lock systems for City $ 281,318 281,318$ Complete
Cold weather shelter $ 20,000 20,000$ 2022 Contract Complete
Tourism Event Funding $ 89,287 89,287$ Complete
Parklets $ 119,847 119,847$ Complete
Utility Credit program $ 40,036 40,036$ Complete
Smokey Point Park Land $ 964,837 964,837$ Complete
Winter Festival $ 220,000 239,096$ Complete
Food distribution (food bank) $ 65,000 65,000$ Complete
Cyber security upgrades $ 180,000 173,480$ Complete
COVID Position $ 246,000 176,304$ Expenses thru 2024
COVID supplies $ 12,985 8,694$ ongoing thru 2024 as needed
Utility system security improvements $ 237,310 97,765$ Will be complete Spring 2024
Communications $ 80,000 56,384$ Contract thru 12/2024
Arlington Community Resource Center $ 360,000 152,033$ Contract thru 12/2024
NW Innovation Center $ 25,000 21,875$ Contract thru 12/2024
Cold weather shelter $ 20,000 6,797$ Contract thru 12/2024
Smokey Point Park Improvements $ 2,328,999 1,022,952$ In design (re-allocated $1 million from
Food Truck Court)
Design/build food truck court $ 366,625 80,281$ In design
After school program/childcare (Boys & Girls Club) $ 77,000 38,636$ Under contract through 12/2024
TOTAL ARPA BUDGET 5,734,550$ 3,654,931$ 2,079,619$
Completed Projects
Projects under contract and will fully utilize budget
Active Projects - Council Report
Department Prime Contractor / Vendor Project Name Start Date Expiration Date Contract Amount Grant Amount Grant Funded Grant Name Health % Complete
1 Administration Tom Boyce City Tree Planting Review 08/24/23 10/29/23 $90/hr NTE $900 No 0%
2 Administration Port of Everett Port of Everett MOU 08/31/23 $0.00 No 0%
3 Administration None One Washington 12/31/37 $563,412.68 No 0%
4 Administration TerraVista NW LLC Jensen Park Restroom site plan 06/20/23 12/30/23 $32,500.00 No 92%
5 Administration North County Regional Fire Authority Fire Suppression Services 08/01/21 Exchange for use of
Station 48 No 0%
6 Administration North County Regional Fire Authority Fire Marshal Investigation/Inspection Services 01/01/28 Per Exhibit B of Contract No 0%
7 Administration Snohomish County Emergency Management Services 12/31/21 Annual Service Charge No 0%
8 Administration Center for Justice Social Work Center for Justice Social Work, Internship Program 08/01/23 07/31/25 $750,000.00 $750,000.00 Yes Health Care Authority 34%
9 Administration Stilly Valley Chamber of Commerce Business Education Series 03/06/23 12/31/24 $5,000.00 $5,000.00 Yes ARPA 69%
10 Administration Brady Black Art Brady Black Mural 2023 08/07/23 05/30/24 $20,000.00 No 75%
11 Administration Western Governors University Peter Barrett Master's Degree Tuition 11/01/23 11/01/24 $9,910.00 No 48%
12 Administration Rainier Asphalt & Concrete Trail Bollard Improvement Project 12/22/23 12/31/23 $51,978.63 No 95%
13 Administration Caroline Sumpter Art Crown Ridge Medians 12/19/23 02/01/24 $7,000.00 No 98%
14 Administration Strategies 360 Government Relations 12/31/24 $36,000.00 No 0%
15 Administration NWIRC NWIRC 2024 Program 01/13/24 12/31/24 $5,000.00 No 25%
16 Administration Digital Face Media CIC and Meet Me in Arlington marketing 01/03/24 12/31/24 $33,800.00 No 50%
17 Administration Portia Smith Meet me in Arlington Shop Local Project 01/03/24 12/31/24 $12,000.00 $24,000.00 Yes ARPA 67%
18 Administration Carahsoft, Zencity at Carahsoft Zencity Carahsoft Agreement - Communications 04/01/23 12/31/23 $19,674.00 No 125%
19 Administration Mandy Kruger Mandy Kruger Bachelor's Degree Tuition 06/07/23 10/16/23 $3,889.00 No 100%
20 Airport Dowl Rwy 16/34 Mill and Overlay Project 04/19/21 12/31/24 $2,917,379.41 $291,261.00 Yes Rwy 16/34 Mill & Overlay 100%
21 Airport Dowl Dowl Engineering Professional Services Agreement 01/31/23 01/31/28 TBD by project No 55%
22 Airport Airside Solutions Airfield Lighting Maintenance Project 11/01/23 11/01/26 $8,000.00 No 16%
23 Airport Avalos Cleaning Services LLC Arlington Municipal Airport Janitorial Services 01/01/24 12/31/24 2,379.24 / monthly No 25%
24 Airport Veregy Energy Savings Contract Services/ Airport Admin Office Building Solar
Project 02/20/24 09/30/24 $667,970.00 $250,000.00 Yes Arlington Airport Administration
Office Building Solar Project 30%
25 Airport Dowl Engineering Perimeter Fencing Improvements Project 01/27/24 12/31/24 $62,634.00 Yes tbd 40%
26 Airport Dowl Engineering Taxiway Alpha Improvements Project 01/09/24 12/31/24 $290,788.00 Yes tbd 86%
27 Airport Reece Construction Airport Snow removal equipment transport 12/07/23 12/31/23 $9,837.00 No 100%
28 Airport Precision Approach Engineering Precision Approach Engineering IFE (2) - Fencing 12/08/23 01/31/24 $3,000.00 No 100%
29 Airport Fred C. Strickland & Associates LLC Airport Property Appraisal 03/12/24 08/16/24 $20,000.00 No 100%
30 Community and Economic
Development Island Crossing Subarea Plan 02/01/24 08/01/25 $238,908.50 No 15%
31 Community and Economic
Development Otak, Inc.Food Truck Court 10/19/22 12/27/23 $100,000.00 $100,000.00 Yes ARPA 62%
32 Community and Economic
Development
Washington State Department of
Revenue Business Licensing Services Agreement None No 0%
33 Community and Economic
Development GMP Consultants Permit Center Manager Recruitment 12/04/23 12/31/23 $9,500.00 No 50%
34 Community and Economic
Development
Rock Project Management Services,
LLC Smokey Point Community Park 04/17/23 09/20/24 $818,680.00 $1,013,723.00 Yes ARPA Funding 97%
35 Community and Economic
Development
Action Cleaning Services (Division of
Parker Corp. Services Inc.)CED Janitorial Services 02/07/22 N/A $548.53/month No 99%
36 Community and Economic
Development FCS Group Arlington Tax Increment Area / Food Truck Financial Feasibility Analysis 07/10/23 04/26/24 Hourly varies, NTE
$9,999 No 90%
37 Community and Economic
Development Otak Inc.2024 Comprehensive Plan Update 08/15/23 05/01/24 $390,000.00 No 82%
38 Community and Economic
Development Law Offices of Alex Sidles Hearing Examiner Services 12/11/23 12/31/24 $9,999.99 No 0%
Page 1 of 4Exported on May 21, 2024 4:10:56 PM PDT
Department Prime Contractor / Vendor Project Name Start Date Expiration Date Contract Amount Grant Amount Grant Funded Grant Name Health % Complete
39 Community and Economic
Development Avalos Cleaning Services, LLC CED Janitorial Services - Current 01/26/24 12/31/24 $663.45 per month No 19%
40 Community and Economic
Development Reece Construction SPCC - Reece Construction 01/22/24 07/10/25 $2,299,670.93 No 21%
41 Community and Economic
Development Materials Testing & Consulting, Inc.Special Inspection Services - SP Community Park 01/22/24 12/31/24 $24,869.00 No 0%
42 Community and Economic
Development
Washington State Food Truck
Association Food Truck Court - WSFTA 02/01/24 07/31/24 $0.00 No 0%
43 Finance WebCheck Inc.WebCheck Access Agreement 12/15/22 N/A
$15.00/transaction
Contract amount
averaged by year
No 0%
44 Finance Stillaguamish Senior Center dba Stilly
Valley Center Capacity Funding 04/03/23 12/31/24 $50,000.00 No 49%
45 Finance Banner Bank Banking Services 09/01/20 09/01/24 Per fee schedule No 0%
46 Finance Volunteers of Western WA Arlington
Community Resource Center Capacity Funding - Community Support Svcs.01/04/22 12/31/24 $360,000.00 $360,000.00 Yes American Rescue Plan Act 38%
47 Finance Volunteers of America - Arlington
Community Resource Center VOA - Program Assistance 01/01/24 12/31/24 $40,000.00 No 100%
48 Finance Boys and Girls Club of Snohomish
County Childcare services 01/01/24 12/31/24 $77,000.00 $77,000.00 Yes ARPA 70%
49 Finance NWIRC WA Data Workshop for Business Development and Recovery 12/31/24 $25,000.00 Yes ARPA 0%
50 Finance The Organizational Health Collective Team Development and Succession Planning 02/01/24 06/30/24 $11,500.00 No 90%
51 Finance Northwest Innovation Resource
Center NWIRC Business Development and Recovery 02/01/22 12/31/24 $25,000.00 $25,000.00 Yes ARPA 70%
52 Finance Volunteers of America - Arlington
Community Resource Center VOA - Cold Weather Shelter 11/01/23 12/31/24 $20,000.00 Yes ARPA 66%
53 Finance Volunteers of America - Arlington
Community Resource Center VOA - Affordable Housing 03/01/24 12/31/24 $50,000.00 No 0%
54 IT - Information Services Snohomish County Information Technology Services 01/15/26 $50,000.00 No 0%
55 IT - Information Services Comcast Cable Communications Cable Service Franchise Agreement 03/25/31 5% of gross revenues No 0%
56 IT - Information Services Far West Technologies Arlington Airport Gates 10/30/23 12/31/25 $74,613.65 No 52%
57 IT - Information Services Park Place Technologies LLC Nutanix Extended Support 06/01/23 06/30/25 $5,755.19 No 100%
58 IT - Information Services Timeless Designs, Inc City Hall 2nd Floor IT Offices 04/26/23 07/26/23 $74,974.34 No 100%
59 IT - Information Services FarWest Technologies Arlington Airport - Thor's Hanger Cameras 12/11/23 12/31/23 $7,583.23 No 100%
60 IT - Information Services Right Systems Managed Services 03/21/24 n/a $5,800/mo No #INVALID 0%
61 IT - Information Services Right Systems Firewall Upgrade 05/18/24 05/31/24 $9,040.00 No 97%
62 IT - Information Services Right Systems, Inc Network Switch Upgrade 12/01/24 $93,778.19 $75,000.00 Yes State and Local Cybersecurity
Grant Program 87%
63 IT - Information Services Far West Technologies Lift Stations Security Pilot Program 06/01/24 $6,154.00 No 0%
64 IT - Information Services Right Systems Inc Nutanix Replacement 07/01/24 $120,821.41 No 103%
65 IT - Information Services Cannon Construction, LLC SR530 Utility Crossing Fiber Pull/Splicing 09/30/24 $149,959.60 No 0%
66 Maintenance & Operations Specialized Pavement Marking LLC 2023 Thermoplastic Program 10/12/23 09/30/23 $89,975.00 No 0%
67 Maintenance & Operations Environmental Abatement Services,
Inc Rudy York House Asbestos Abatement 01/08/24 01/31/24 $13,823.17 No 75%
68 Maintenance & Operations Great Floors Police Station/Council Chambers Flooring Upgrade 02/07/24 06/01/24 $119,743.62 No 91%
69 Maintenance & Operations Northwest Security & Sound LLC City of Arlington Monitoring & Security 03/06/23 12/31/25 $4197.12 / yr.No 46%
70 Maintenance & Operations Great Floors LLC City Hall Flooring Upgrade 11/28/23 05/31/24 $55,743.00 No 91%
71 Maintenance & Operations EHM Architecture, Inc City Hall Exterior Lift Installation & Stairs Reconstruction 10/30/23 12/31/24 $31,975.00 No 71%
72 Maintenance & Operations KCDA (Hermanson)Police Station HVAC Upgrade 01/01/24 06/28/24 $399,130.00 No 17%
73 Maintenance & Operations SWI Home Pros, LLC City Hall Water Damage Repair 04/09/24 04/30/24 $13,799.13 No 100%
74 Maintenance & Operations Dapper Electric City Hall Exterior Outlets Installation 05/16/24 05/31/24 $4,647.85 No 0%
75 Police Feldman & Lee, P. S.Public Defender Grant Program - COA/Lake Stevens/Feldman & Lee 01/01/22 12/31/25 $16,560.00 Yes Public Defense Social
Services Program 67%
76 Police Arlington School District School Resource Officer 06/20/23 06/30/24 100% of SRO salary and
benefits, excluding OT No 0%
77 Police Snohomish County Human Services Law Enforcement Embedded Social Worker 01/01/23 12/31/23 $188,748.31 No 79%
Page 2 of 4Exported on May 21, 2024 4:10:56 PM PDT
Department Prime Contractor / Vendor Project Name Start Date Expiration Date Contract Amount Grant Amount Grant Funded Grant Name Health % Complete
78 Police Snohomish County Jail Services 12/31/23 n/a No 0%
79 Police City of Everett City of Everett In-Service Training 01/01/22 12/31/26 $800.00 No 50%
80 Police Found Therapy Services PLLC Arlington PD Wellness Services 06/23/23 12/31/24 $7,500.00 No 79%
81 Police Zachor, Stock & Krepps, Inc., P.S.Zachor, Stock & Krepps Inc., P.S.12/31/25
$19,361.43 monthly
(2024) $20,135.88
monthly (2025)
No 0%
82 Police LexisNexis LexisNexis Risk Solutions - Accurint 12/31/24 $150/hr No 0%
83 Police Northwest Incident Support Hope Unlimited Chaplain Support Services 05/03/21 N/A $5,000.00/yr No 100%
84 Police The Government
(NACSURFWARCENDIV CRANE)Crane Division Naval Surface Warfare Center - Night Goggles 01/16/24 12/11/24 $1,500.00 No 100%
85 Police AXON Enterprises AXON Body Worn Camera 04/05/24 07/01/29 $444,474.19 No 0%
86 Police IDI idiCORE 05/01/24 05/01/25 140.00 monthly No 0%
87 Public Works BHC Consultants WRF Membrane Replacement, Optimization, & Services During
Construction 08/03/21 12/31/23 $82,886.00 No 101%
88 Public Works DK Systems Inc 108 W Haller Ave MBR Support Building HVAC 03/31/24 $27,552.34 No 100%
89 Public Works RH2 Water Model Hydraulic Analysis & Coordination 08/04/23 12/31/23 $57,183.00 No 87%
90 Public Works Blue Marble Environmental, LLC Waste Reduction & Recycling Program 07/15/21 07/31/23 $27,468.00 $20,601.00 Yes
Snohomish County
Comprehensive Solid and
Hazardous Waste
Management Plan, 2013
89%
91 Public Works WSB Excavation & Utilities WA Trucking Water Main Replacement 06/01/22 02/17/23 $125,931.09 No 93%
92 Public Works SCJ Alliance SR530 and Smokey Point Blvd Intersection Improvement Project 12/17/19 07/31/24 $268,025.00 No 13%
93 Public Works Cascade Columbia Distribution Co.Sodium Hypochlorite Drum Delivery 02/05/21 12/31/23 $5,924.16 No 70%
94 Public Works Univar Solutions USA, Inc Sodium Hypochlorite Bulk Delivery 07/13/23 12/31/25 $10,220.00 No 34%
95 Public Works Univar Solutions USA, Inc Sodium Hydroxide Bulk Delivery 02/03/21 12/31/23 $23,760.00 No 65%
96 Public Works Perteet Smokey Point Corridor 08/06/20 06/30/24 $1,575,650.00 $959,788.00 Yes STP 72%
97 Public Works SkyCorp LTD Silo Demo & Lime Removal 02/17/23 03/30/23 $39,894.50 No 91%
98 Public Works RH2 Sewer Model Hydraulic Analysis & Coordination 08/04/22 12/31/23 $71,400.00 No 96%
99 Public Works Olson Brothers Pro-Vac LLC Sanitary Sewer Inflow & Infiltration Control 10/18/22 10/18/24 $253,930.00 No 17%
100 Public Works SkyCorp LTD Roundhouse Demolition 03/14/23 $21,700.00 No 189%
101 Public Works KLJ Financial Consulting Public Works Financial Consulting 03/28/23 03/31/25 $65,460.00 No 28%
102 Public Works Consor North America (formerly
Murraysmith, Inc)Prairie Creek Drainage Improvements Phase 2B 12/07/21 12/31/24 $303,453.00 No 56%
103 Public Works Hokkaido Drilling, Inc Potable Water Production Well installation 10/18/22 12/31/23 $528,465.50 No 39%
104 Public Works Buell Calibration & Controls, LLC Liquid Flow Meter Calibration Services 06/17/21 06/17/24 $17,735.03 No 0%
105 Public Works Reece Construction Company Legion Hall Water Main Replacement 11/27/23 10/31/23 $28,285.75 No 100%
106 Public Works Confluence Law, PLLC Hammer Water Rights Legal Services 09/20/23 $5,000.00 No 100%
107 Public Works Mott MacDonald, LLC (Pacific
Groundwater Group)Haller Wellfield Improvements 01/04/22 06/30/24 $136,228.00 No 32%
108 Public Works DN Tanks Gleneagle Reservoir Roof Replacement Project 03/08/23 09/20/23 $454,760.00 No 92%
109 Public Works Generator Services Northwest, LLC Emergency Generator Maintenance Services 11/15/21 11/15/24 $37,604.06 No 53%
110 Public Works LDC, Inc.Division/Broadway Restoration Project 03/08/23 06/30/24 $69,779.54 $360,555.00 Yes NHS 80%
111 Public Works Tenelco, Inc.Biosolids Hauling and Beneficial Use 03/27/23 03/28/26 Unit priced No 0%
112 Public Works Transpo Group Arlington Transportation Master Plan 07/05/22 12/31/23 $154,700.00 No 78%
113 Public Works Transpo Group Arlington Traffic Calming Program 01/20/23 12/31/24 $45,000.00 No 23%
114 Public Works Buell Calibration & Controls, LLC Air Flow Meter Calibration Service 06/17/21 06/17/24 $23,859.17 No 117%
115 Public Works Toole Design Group 74th Ave Trail 08/06/21 12/31/24 $104,282.19 $63,528.00 Yes STP - Non-Motorized 57%
116 Public Works RH2 67th Ave Sewer 05/17/22 12/31/23 $120,011.00 No 91%
117 Public Works Blueline Group 59th Ave Sidewalk Project 04/05/23 12/31/23 $20,110.00 No 49%
Page 3 of 4Exported on May 21, 2024 4:10:56 PM PDT
Department Prime Contractor / Vendor Project Name Start Date Expiration Date Contract Amount Grant Amount Grant Funded Grant Name Health % Complete
118 Public Works SCJ Alliance 211th Place Corridor Improvements 05/08/23 12/31/24 $318,778.70 $230,000.00 Yes Fuel Taz Grant 75%
119 Public Works Reid Middleton 204th St & 74th Ave Intersection Improvements 04/10/23 12/31/23 $12,500.00 No 11%
120 Public Works RH2 2023-2026 On-Call Water & Sewer System Engineering Support 12/29/22 12/29/23 $40,000.00 No 0%
121 Public Works Parametrix 2023 Utility Improvement & Pavement Preservation 11/15/22 07/31/23 $190,239.71 No 65%
122 Public Works Reece Construction 2022 Utility Improvement and Pavement Preservation 12/09/21 08/01/23 $2,919.092.37 N/A No N/A 87%
123 Public Works Always Active Services, LLC 174th Pl NE Stormwater Improvement 08/29/23 10/31/23 $16,121.75 No 86%
124 Public Works SCJ Alliance 169th St Connecting Segment 04/25/22 12/31/23 $51,129.00 No 14%
125 Public Works Process Solutions System Platform Upgrade 11/07/23 06/30/24 $210,000.00 No 4%
126 Public Works Commonstreet Consulting, LLC 2023 ROW Services (188th Roundabout - Jammeh, 211th Corridor)06/30/24 $22,996.00 No 12%
127 Public Works HWA Geosciences, Inc Haller South Geotechnical Investigation 11/27/23 03/31/24 $18,669.00 No 58%
128 Public Works RH2 520 Zone Booster Pump Station 08/03/21 12/31/24 $267,760.00 No 31%
129 Public Works Blue Marble Environmental, LLC 2023-2025 Solid Waste Recycling Coordination 07/01/23 06/30/25 $21,107.53 $15,830.65 Yes
SOLID WASTE
MANAGEMENT LOCAL
SOLID WASTE FINANCIAL
ASSISTANCE
5%
130 Public Works Washington Electrical COntracting Anoxic Basin Wiring Upgrade 12/10/23 01/31/24 $9,686.97 No 100%
131 Public Works Brown & Caldwell Inc Haller Wellfield South Improvement Design 10/19/21 12/31/24 $149,700.00 No 34%
132 Public Works Resound Energy Public Works Utility Lights & Security Upgrade 12/12/23 03/31/24 $107,255.29 No 99%
133 Public Works BHC Consultants Arlington Water Treatment Plant Expansion Design Ph 2 09/16/21 12/31/25 $833,746.00 No 5%
134 Public Works Process Solutions Engineering Support for SCADA Services & Systems Integration 12/31/26 $300,000.00 No 3%
135 Public Works Republic Services WRF Grit & Screenings Disposal 12/31/26 $96,818.04 No 3%
136 Public Works Commonstreet Consulting, LLC 2023 ROW Services (188th Roundabout - Longhorn Saloon)06/30/24 $29,610.00 No 0%
137 Public Works Mott MacDonald, LLC (Pacific
Groundwater Group)Arlington Hammer Water Rights Support 01/22/24 12/31/24 $8,699.00 No 0%
138 Public Works PumpTech, LLC 640Booster Pump System 02/05/24 12/31/24 $335,629.31 No 14%
139 Public Works Terra Vista NW, LLC Arlington Parking Lots 03/03/23 12/31/23 $10,500.00 No 100%
140 Public Works Dapper Plumbing, Heating & Electric 816 N West Ave - WTP HVAC 06/02/23 07/14/23 $28,538.93 No 100%
141 Public Works Pacific Facility Solutions 108 W Haller St - WRF HVAC 08/22/23 10/31/23 $14,668.28 No 100%
142 Public Works Washington Electrical Contracting On-Call Electrical Services 03/11/27 $300,000.00 No 0%
143 Broadway Haller Water Main
144 Laminar Law - Hearing Examiner Services
145 Washington State Department of Corrections
Page 4 of 4Exported on May 21, 2024 4:10:56 PM PDT
City of Arlington Council Agenda Bill WS #7 Attachment
May 28, 2024 Community and Economic Development (CED) Quarterly Report
Q2 Report
Community and Economic Development; Marc Hayes, Director EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION:
Review current development projects and work being conducted by the CED department and address any questions that Council may have.
ALTERNATIVES: Information only.
Community and Economic Development
Quarterly Status Report
Reporting Period: Q2 2024
Staffing Report:
• We are still in search of a viable candidate to fill the Development Services Manager position.
We hired GMP Consultants to provide a search of a larger geographical area in order to find
additional candidates, but that search yielded no viable candidates.
Update on Current Contracts/Grants/Agreements:
• CED continues to meet bi-weekly with Otak, the prime consultant for the 2024
Comprehensive Plan Periodic Update. Goals and policies have been reviewed by the
Planning Commission, their requested revisions have been made and will be presented to
Council for review beginning in June.
• CED has terminated the contract with Otak to complete the engineering work for the Food
Truck Court.
• Rock Project Management Services, project management/construction management
consultant for the Smokey Point Community Park project. Project was awarded to Reece
Construction and construction is underway.
• Under contract with MAKERS Architecture and Urban Design LLP to conduct the planning
work for the Island Crossing Subarea. We held a public open house at Putnam Hall on May
8th which was well attended, with over 25 participants. Our next step is to meet with all the
stakeholders to discuss their interest in participating in the drafting of the subarea plan and
their involvement in floodwater attenuation.
• CED is now under contract with Peregrin Sorter (Laminar Law) to provide the City’s Hearing
Examiner services, as our previous Hearing Examiner Alexander Sidles (Sidles Law) has taken
a job with the WA State Growth Management Hearings Board.
• Under agreement with Washington State Food Truck Association to provide oversight of
vendor requirements and scheduling for the Pilot Program.
Challenges:
• Continuing to review/permit the backlog of projects, currently in the que, as time allows.
Opportunities:
New Programs/General Information Meetings:
GIMs
• CED met with individuals looking to develop the parcel on the SE corner of SR 530/59th Ave
for apartments.
• CED met with individuals looking to place a warehouse building for storage on a vacant parcel
at the corner of 59th Ave./SR 531. This use is not permitted in this zone, General Commercial.
• CED met with representatives from Chinook Lumber looking to gain access onto Olympic
Place for all their delivery and customer access. They currently have no legal access onto SR
9 where their current access is located. WSDOT has requested that Chinook purchase back
the SR 9 access to continue its use, since the access rights were sold years ago by a previous
owner of the property. CED informed Chinook that they would not be allowed access onto
Olympic PL. in its current condition, and that they would need to construct significant
improvements such as a Roundabout at Highland Dr./Olympic PL. and widening of the entire
alignment if we were to allow access.
• CED met with representatives from Holman Recovery Center looking to lease a 4.3-acre
parcel on the Airport to build a new 6,000 S.F. (12 bed) detox center and an 18,000 S.F. (48
bed) recovery center. This will be sited SE of Station 48, adjacent to Airport Blvd.
• CED met with representatives from the Visconsi Company to discuss their site layout, parking,
open space requirements and the proposed Roundabout at the intersection of 85th Ave/SR
531, for the proposed medical clinic.
• CED met with an individual that is proposing to construct six townhouses on a parcel west of
the Grocery Outlet property.
• CED met with individuals that are proposing to subdivide a 3.79-acre parcel, with a
concurrent rezone from RLC to RMC. Their proposal could not do what they were proposing
because of current zoning and restrictions that were recorded with the adjacent subdivisions.
New Programs:
Items of Concern:
Items for Discussion:
CED held an internal retreat to discuss and evaluate the CED Department as a whole and staff’s
current roles and responsibilities. This consisted of a very open and honest dialogue from all staff
members, as well as several team-building activities. Items of discussion were, the role of the
Community and Economic Development Department, both current and future, what are staff’s
interests, where staff would like to progress to in their career paths, identifying the training that
would be required to do so and emphasizing the importance to develop and retain skilled staff from
within the department. We also discussed succession planning and the associated organizational
changes that would be required to provide for a seamless transition in the department. This retreat
came at an optimal time as we begin to address the Program Requests and Personnel Changes for the
2025-2026 budget. CED also created an organizational chart representing the proposed changes
related to succession planning.
CED is making changes to Planning Commission workshop meetings. Beginning in June, the workshop
meetings typically held in Council Chambers on the first Tuesday of the month, will be held at Putnam
Hall, where CED has resources more readily available, and the workshop will be conducted in an open
format manner allowing for training sessions and open discussions between the commissioners and
staff. The meeting will still be open to the public but will not be recorded. The regular meetings will
still be held on the third Tuesday of the month in Council Chambers and will be recorded.
Upcoming Planning Commission Items: June 18, 2024
1. June 18 – AMC Chapter 20.46 Design, AMC 20.52 Rec Facilities/Open Space, AMC
Chapter 20.90 Concurrency/Impact Fees, PROS Master Plan
Upcoming Council Items: June 2024
1. June 3 - Public Hearing for Island Crossing Moratorium Extension
2. June 10/17 - Code Amendments AMC Chapter 20.08, AMC Chapter 20.76, Watanabe
Rezone, Sno-Isle Rezone
3. June 24 - Community Transit Micro Transit Pilot Presentation
City of Arlington Council Agenda Bill WS #8 Attachment
May 28, 2024
Public Works Quarterly Report, 2024-Q2
Public Works Quarterly Report, 2024-Q2
Public Works; Jim Kelly, DirectorEXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Public Works Quarterly Report for 2024-Q2.
Review of current personnel, regulatory, maintenance and project issues affecting Public Works’ Transportation, Utilities, Cemetery, Engineering, GIS and Administration departments for second quarter of 2024. To maximize time and efficiency, please read the attached report and bring questions to the Council workshop. ALTERNATIVES: None.
Workshop; discussion only.
Public Works
Utilities, Transportation, Cemetery, Engineering
& GIS Quarterly Update
May 28, 2024
PW Quarterly Report Q2-2024 Page 1 of 4
This summary report will update you on projects and issues at the forefront of our workload. Further project
detail is provided for your review on subsequent pages.
2024 Staffing Issues/Updates Status
Deputy PW Director/City Engineer – Ryan Morrison will be leaving the city in
June. Arlington has posted a job announcement for a City Engineer position. Pending Yes
Engineer II – The Engineer II position remains unfilled, we are actively advertising
for replacements. Pending Yes
Project Manager
forwarded it to the Union for comment. If we can not find an Engineer II candidate,
Pending Yes
WWTPO/Lab Operator
description and forwarded it to the Union for comment. We are looking to add Pending No
2024 Utility Projects - Current Status
Projects in Construction
-Utility Plant Lighting – This project is complete, going through close-out.
-Broadway Division Water Main - This project is complete, going through close-out.
-Old WTP Demolition – This project is complete, going through close-out.
-WTP Expansion Geotech – This project will start on June 6th.
Projects out for Bid
-Gleneagle Landscape Restoration – Project to complete final work on the Gleneagle Reservoir project, bids are due
June 4th.
-New MBR Operating Program – Kubota will provide software program & installation, work scheduled for July 2024.
Projects Pending Bid
-640 Booster Pump Station – Project 90% design submittal under COA review, project scheduled to bid in June 2024.
-Prairie Creek & BNSF Bridge – 90% design was delivered to City, to permitting agencies, and to BNSF. City staff is
working with permitting agencies lead (USACOE & WFDW) and Consor is working with BNSF. This package will be bid
in June 2024.
-WTP PLC Upgrade – The replacement PLC has been designed and we will have one final meeting with design teams
before going to advertisement, bid is scheduled for late June 2024.
Projects in Design
-Haller Well South – The well is installed and developed; a pump drawdown test was completed on Feb 26th-27th
and met the 1,200 gallons per min goal. Hydrogeologists are performing draw-down analysis based on pumping
data. This will be sent to DOH/DOE for approval.
-WTP Expansion – Project design Phase 2 moving forward
-67th Avenue Sewer Main - Project has been designed and is now being broken into two separate (fundable) phases.
Construction slated for late 2024.
Public Works
Utilities, Transportation, Cemetery, Engineering
& GIS Quarterly Update
May 28, 2024
PW Quarterly Report Q2-2024 Page 2 of 4
2024 Transportation Projects - Current Status Budget
Category Status
Projects in Construction
-2023 Utility and Pavement Preservation – All utility work is complete, waiting for final weather window to pave
section on 204th between railroad tracks and 67th Ave.
-204th St & 74th Ave Signal – Project awarded to Reece Construction. Lighting materials have been ordered, start
date in June.
Projects out for Bid
-Cox Street Traffic Calming – Install speed humps and crosswalks on Cox St (Haller Park), bids are due May 30th.
Projects Pending Bid
-3rd and 5th St Parking Lots – Project design complete, will install new parking lot on 5th St and rehab 3rd St parking
lot. Project to bid May 23rd.
-74th Ave Trail – Project design complete, going through WSDOT obligation. Project to bid in June 2024.
-Broadway/Division Rehabilitation – Project design complete, working with funding obligation through WSDOT.
Project to bid in June 2024
-McLeod Sidewalk – Project design complete, will repair undermined soil on McLeod west sidewalk. Project to bid in
June 2024
-211th Corridor – Project design in final edits, will advertise in June 2024.
-188th & SPB Roundabout – City is in process of procuring final ROW and reviewing 95% design plans. Project to bid in
July 2024
Projects in Design
-2024 Utility and Pavement Preservation – Design is almost complete, project put on hold until 2025 due to staffing
issues.
-169th St Connector – Project design moving forward, 30% to 60% phase.
-Smokey Point Blvd Corridor – We are still waiting on NEPA-CE approval from WSDOT and FHWA, project design will
resume once this approval is received.
-180th St Connector – This project is in the design phase, a kick-off meeting was held in May and the project is moving
forward.
-SR-531 Trail, Phase 1 – We just received a $1 million grant for this project. We submit this project into the state STIP
and then advertise for consultants to design the project.
Public Works Grant Update and Status
New Grant Monies Received
-74th St Trail – Received an additional $44K for project construction.
-188th Roundabout - Received an additional $411K for project construction.
-SR-531 Trail Ph1 (67th to SR-9) – Received award notice of $1 million PE funding, need to program in STIP.
Public Works
Utilities, Transportation, Cemetery, Engineering
& GIS Quarterly Update
May 28, 2024
PW Quarterly Report Q2-2024 Page 3 of 4
Public Works Grant Update and Status (cont’d)
Grants Applied for/Pending Notice
-NHS Grant Broadway/Division – Applied for additional funding to the NHS grant for the Division/Broadway project.
-180th St Connector – Application submitted for construction funding for the 180th St Connector.
-SR-531 Trail Ph2 (67th to SR-9) – Submitted grant for construction of this project, project supported by
Congresswoman DelBene, pending Federal budget process.
-Three Water Projects – Submitted $23.8 million grant request for 3 water projects to Army Corps of Engineers, 640
Zone Res., Haller North Wellfield, and WTP Expansion construction. Projects supported by Congresswoman DelBene.
-Island Crossing Utility Improvements – Submitted $5.2 million grant request for 2 Island Crossing utility projects, Lift
Station 11 Rehabilitation and Island Crossing new water main.
Active Grants
-DAHP Cemetery Grant – Grant was received for three project at the Arlington Cemetery, fence repair, repair of
Veterans Memorial, and design/installation of a Wayfinding Sign.
-FEMA / Prairie Creek: FEMA has accepted the scope modification changing the planned culvert design to a bridge
design and has extended the grant deadline to 2025. Staff is coordinating with FEMA for scope & schedule change
agreement.
-FHWA 169th St Connector – Grant has been awarded and the project programmed into the STIP, staff are actively
working on the project. Grant is for construction which is scheduled for 2026.
-TIB 211th Corridor Improvements – TIB grant agreement signed, project is in process.
-PSRC Smokey Point Blvd Corridor Design – This Project is in process with target completion in 2024.
-PSRC 74th St Trail – Additional funds programmed in STIP, construction to start in summer 2024.
-PSRC 180th St Connector (PE) – Grant funding for design, project programmed and under way.
-SR-531 Widening Project (WSDOT project) – Project remains in state budget, WSDOT to award construction in 2025.
-Ecology Stormwater Capacity Grant – City has been awarded grant for 2023-2025 cycle, $130,000 grant amount.
-Coordinated Prevention (Recycling) Grant: Grant awarded for 2023-2025 funding cycle. Work for 2024 has started.
Detail and Update on Operations and GIS Enterprise Activities
1.Cemetery Operations – As follows:
-Grant received for fence repair, Veteran’s Memorial Rehabilitation, and Wayfinding Sign. Projects
will start after Memorial Day.
-Updated Rules and Regulations and Fee Schedule update moving forward to Council.
-A selected Columbarium layout has been approved by the Cemetery Board (see attached); this
layout has been submitted to City Engineering for final design.
-Irrigation system repairs underway ahead of summer season, irrigation system will be turned on
after Memorial Day.
Public Works
Utilities, Transportation, Cemetery, Engineering
& GIS Quarterly Update
May 28, 2024
PW Quarterly Report Q2-2024 Page 4 of 4
2.Water Reclamation Facility (WRF) – As follows:
-The in-plant lift station had two new pump and associated wiring installed
-The procurement and installation of the new MBR blowers is moving forward.
-Staff continues to work with Process Solutions, Inc. on the upgrade of the SCADA system from
Wonderware to System Platform.
3.Water Department – As follows:
-Staff continue to work with Zipley of communication issues with the Airport well
-Repair of WTP Office interior damage from winter freeze continues to move forward. Staff is
updating scope of work and getting a SF of damaged wall and ceiling to be replaced.
4.GIS Activities: See attached GIS Enterprise Report.
Tree
Bush
Columbarium
Traditional Burial Site
Shelter
Concrete Pad
Foot Path
Planter Bed
Paved Road
Parking LotLe
g
e
n
d
Aerial captured in 2017
This data is provided ‘as is’ without warranty of any kind. The entire risk as to the results and performance of the data is assumed
by you. Should the data prove defective, you assume the entire cost of all necessary servicing, repair, or correction. These data and
corresponding attributes are not to be used for design purposes. Further, the City of Arlington does not warrant, guarantee, or make
any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability,
currentness, or otherwise; and you rely on the data and results solely at your own risk. There are known gaps and inaccuracies in
the current data set and the provided information should be considered a draft and in-progress work. Washington State Law, Ch.
42.56 RCW, prohibits state and local agencies from providing access to lists of individuals intended for use for commercial
purposes and thus, no commercial use may be made of any Data comprising lists of individuals contained herein.
City of Arlington
Columbarium Layout
1 inch = 10 ft
Scale:CemeteryWorking/
ColumbariumLayout_2024
File:
lhb
Cartographer:
3/14/2024
Date:
8
8
8
86
6
±
# Niches # 8-Column # 6-Column Estimated Cost
440 4 2 $73,754
14 ft
0 26 ft
14 ft
A
A
5 ft
PW Spatial Technology Report - April 2024
Asset Management
•Steering Committee Meeting (April 17th)
•Collections received iPad and finding success in the field
•Add CIP projects to Elements Map (Similar to Developer Projects)
•Added editable layers to Elements – ‘Create a Point’ and ‘City Parcels’ for use by
Stormwater
•Inspection forms for manholes including overall severity. Used for both I&I and Iron
raising selection and map display
•Demo from GraniteNet (Cues)to understand GIS/ESRI integration (purchase cost is
$20,000)
•Configured New Elements XS Map per department – training will be provided this
summer
•Configure Report Issue Widget in New Elements XS Map
•Attend Lead and Copper webinar by Novotx
April’s GIS Task Orders in Elements
0 20 40 60 80 100 120 140
Admin Tasks
Data Collection
Database Edits
Asset Management
IT desktop
IT web
Mapping
ArcGIS Onl/Portal
Trainings
Web devlmnt
Recur (1 Week)
Liliana Abe Katie Nels
April by Department Labor Hours
Department AC KH LHB NR Total
Airport 0 1 0 0 1
CED 1 2 0 0 3
Cemetery 0 0 0 0 0
Executive 0 2 26.5 0 28.5
External 0 16.5 3 0 19.5
Finance 0 0 0 0 0
Fire 0 0 0 0 0
IT 0 0 0 0 0
M&O 0 0 6 0 6
Police 0 0.5 0 0 0.5
PW Admin 113 103 113.5 0 329.5
Utilties 21 13 27 0 61
135 138 176 0 449
Enterprise Data Projects
•Abe and Liliana attended the Arlington High School Skilled Trades Fair
•Katie and Liliana attended the EOC activation
•Creating a new process to incorporated new collision data and catching up on 2023 data
•Assisting Engineering with a classification system on our ramp inventory to help Keyton in the field
•Assisted multiple Comp Plan consultants by providing GIS data packages
•Katie building an asset inventory dashboard that staff can use for the annual asset inventory by WCIA
Web Usage Data
ArcGIS Server monitor is installed and configured. The City server is getting over 100,000 hits a day
Portal
•Staff Users – 67 out of 120 with over 30 logging on each week
•Content – 838 items stored (services, layers and applications)
•Katie updated 16 items, Abe worked on 15 items and Liliana updated 12 items
•Most popular (viewed by staff) – All Utilities with 13,058 views
ArcGIS Online (AGOL)
•Staff users – 5 (Katy Shores, Liliana Hart-Beck, Nels Rassmussen, Abe Calderon and Katie Heim)
•Content summary includes 659 items that includes direct back up for GIS layers in case City servers are
unavailable
•Most popular apps (most are getting replaced by new application format with new view counts):
o New Developer Activity Experience – 223 (6 months old)
o Sweeping Schedule – 13,952
o Grave Locator – 12,839
o New Utilities Experience – 107 (2 months old)
April 2024
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 4/8/24 4/22/24
Council Meetings 4/1/24 4/15/24
5th Monday MeetingsJoint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting
Special Events 4/9/24 State of
City Chamber
special meetings 4/16/24 WA
Transportation
WSDOT Date Date Date Date Date Date Date Date
Association of Washington Cities
Community Transit 4/4/24 Board
4/18/24
Executive
4/18/24
Finance 4/18/24 Board
Puget Sound Regional Council
Meetings with Snohomish County
personnel and/or elected officials Clyde Shavers Meet with Paul
address issues with Legislature,
Governor, State departments and
SnoTac
City Commissions
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and Federal
departments and agencies
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
National Night Out
Chamber Meeting
Audit Conferences
Monthly Elected Official Strategic Report Due on 5th of month
Jan Schuette
MONTH April 2024
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 4/8/24 4/22/24
Council Meetings 4/1/24 4/15/24
Admin Meeting 4/9/24
Joint Meetings with City Staff/
Boards/Commissions 4/16/24 4/29/24
LEOFF Board Meeting 4/10/24
Date Date Date Date Date Date Date Date
State Council on Aging 4/8/24 4/23/24 4/30/24
SnoCo County on Aging 4/24/24
Meetings with Snohomish
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Chamber- State of the City
Lunch 4/9/24
Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Name: Michele Blythe Date: April 2024
2024
Local Government Meetings Date Date Date Date Date Date Date Date
Boards/Commissions
4/9/24 4/25/24 4/26/24
Regional Government
Meetings Date Date Date Date Date Date Date Date
Association of Washington Cities
Community Transit
Economic Alliance Snohomish
County
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
address issues with Legislature,
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary 4/16/24 4/18/24 4/21/24
Farmers Market
Building Bridges
LETI
Ribbon Cutting 4/19/24
PW Open House
VOA
Citizen's Academy
Yes for APS
Hometown Halloween
North County Fire EMS 4/28/24
Latino Civic Alliance
GPI 4/22/24
AWC
Bridging School to Work
Dept of Commerce
Meeting with Finance
Monthly Elected Official Strategic Report Due on 5th of month