HomeMy WebLinkAbout04-12-21 Council Workshop
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Ashleigh
APPROVAL OF THE AGENDA
Mayor Pro Tem Jesica Stickles
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WITH PROCLAMATION
Fran Gatica, Community Engagement Specialist, Dawson Place ATTACHMENT A
with Child Abuse Prevention Month Proclamation
Mayor Barb Tolbert
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Ordinance Amending Chapter 9.40 of the Arlington Municipal Code ATTACHMENT B
and Criminalizing the Possession of a Controlled Substance
without a Prescription
Staff Presentation: Paul Ellis
Council Liaison: Councilmember Marilyn Oertle
2. Resolution Approving the Change of Indirect Control of a Franchisee ATTACHMENT C
Staff Presentation: Steve Peiffle
Council Liaison: Mayor Pro Tem Jesica Stickles
3. Resolution Declaring Certain Property as Surplus ATTACHMENT D
Staff Presentation: Debbie Strotz
Council Liaison: Mayor Pro Tem Jesica Stickles
Arlington City Council Workshop
Monday, April 12, 2021 at 7:00 pm
4. Professional Services Agreement for Design and Construction ATTACHMENT E
with DOWL Engineering
Staff Presentation: Marty Wray
Council Liaison: Michele Blythe
5. Ordinance Adding Community Engagement Director to the Title 2 of the ATTACHMENT F
Arlington Municipal Code
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jesica Stickles
6. Appointment of Community Engagement Director ATTACHMENT G
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jesica Stickles
7. Modification to Salary Schedule for Non-Represented Employees for 2021 ATTACHMENT H
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jesica Stickles
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 Jesica Stickles / Mayor Barb Tolbert
City of Arlington, Washington Child Abuse Prevention Month - April 2021
PROCLAMATION
WHEREAS, all children deserve to grow up in a safe and nurturing environment to ensure they reach their full potential; and
WHEREAS, our children are our most valuable resources and will shape the future of Arlington; and
WHEREAS, safe and healthy childhoods help produce confident and successful adults; and
WHEREAS, child abuse and neglect is a serious problem affecting every segment of our community, and finding solutions requires input and action from everyone; and
WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social, emotional, and developmental well-being of children; and
WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between child welfare professionals, education, health, community- and faith-based organizations, businesses, law enforcement agencies, and families; and
WHEREAS, communities must make every effort to promote programs and activities that create strong and thriving children and families; and
WHEREAS, we acknowledge that we must work together as a community to increase awareness about child abuse and contribute to promote the social and emotional well-being of children and families in a safe, stable, and nurturing environment; and
WHEREAS, prevention remains the best defense for our children and families.
NOW, THEREFORE, I, Barbara Tolbert, Mayor of the City of Arlington, do hereby proclaim that the City of Arlington hereby proclaims April 2021 to be child abuse prevention month. We urge all residents to recognize this month dedicating ourselves to the task of improving the quality of life for all children and families.
IN WITNESS WHEREOF, signed this 12th day of April, 2021. _______________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: WS #1 Attachment BCOUNCIL MEETING DATE: April 12, 2021 SUBJECT: Ordinance Amending Chapter 9.40 of the Arlington Municipal Code and Criminalizing the Possession of a Controlled Substance without a Prescription ATTACHMENTS: Ordinance DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Council is being asked to approve an Ordinance Amending Chapter 9.40 of the Arlington Municipal Code and Criminalizing the Possession of a Controlled Substance without a Prescription.
HISTORY:
ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: Workshop; discussion only. At the April 19, 2021 Council meeting, the recommended motion will be, “I move to approve the Ordinance, and authorize the Mayor to sign it.”
ORDINANCE NO. 2021-XXX 1
ORDINANCE NO. 2021-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, AMENDING CHAPTER 9.40 OF THE ARLINGTON MUNICIPAL CODE
AND CRIMINALIZING THE POSSESSION OF A CONTROLLED SUBSTANCE
WITHOUT A PRESCRIPTION
WHEREAS, the use of controlled substances without a prescription and the
supervision of a medical professional can result in physical injury or death; and
WHEREAS, the use of controlled substances without a prescription and the
supervision of a medical professional often exacerbates mental health conditions; and
WHEREAS, using controlled substances can alter a person's brain or brain
chemistry with negative health consequences; and
WHEREAS, persons using controlled substances can become addicted to such
substances resulting in negative physical and mental health consequences and damage
to family and personal relationships; and
WHEREAS, the use of controlled substances without a prescription or medical
supervision is more likely to result in addiction; and
WHEREAS, the use of controlled substances without a prescription is positively
correlated with criminal behavior; and
WHEREAS, the City has taken steps to address these problems through teaming
police officers with social workers and mental health professionals and the Arlington
Community Outreach Team; and
WHEREAS, public health officials in Snohomish County have linked an increase in
opioid deaths and the use of naloxone to prevent overdoses with the continuing COVID-
19 pandemic; and
WHEREAS, on February 25, 2021, the Washington State Supreme Court held in the
case of State v. Blake, No. 96873-0, that RCW 69.50.4013(1) the statute that
criminalized the possession of a controlled substance without a prescription - exceeds
the state's police power and violates the due process clauses of the state and federal
constitutions; and
WHEREAS, the Supreme Court's ruling has the effect of eliminating any criminal
penalties for the possession of a controlled substance without a prescription; and
ORDINANCE NO. 2021-XXX 2
WHEREAS, the Supreme Court's ruling also eliminates the authority of police
officers to arrest persons possessing a controlled substance without a prescription or
obtaining search warrants to search for controlled substances possessed without a
prescription; and
WHEREAS, the lack of criminal penalties for the possession of controlled
substances without a prescription will immediately result in an increase in the
negative health and safety consequences associated with the use of controlled
substances without a prescription; and
WHEREAS, the lack of enforcement authority of the police will interfere with the
City's initiatives to address addiction and criminal activity associated with the use of
controlled substances without a prescription by eliminating incentives for individuals to
enter treatment or obtain necessary social services; and
WHEREAS, the effect of eliminating criminal penalties and police authority in
regard to the possession and use of controlled substances without a prescription will
have an immediate, direct, and negative impact on the health, safety, and welfare of the
City's inhabitants; and
WHEREAS, this is a public emergency ordinance necessary for the protection of
public health and public safety, and should be effective upon adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION I. The Recitals set forth above are adopted as findings of fact in support
of this emergency ordinance.
SECTION 2. Arlington Municipal Code Section 9.40.010 shall be and hereby is
amended to read as follows:
9.40.010 - Statutes adopted.
The following state statues, including all future amendments, additions or deletions,
are adopted by reference:
(1)RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or
order prohibited—Exceptions—Penalty.
(2)RCW 69.41.350(1), Steroids—Penalties.
(3)RCW 69.50.101, Definitions.
(4)RCW 69.50.102, Drug paraphernalia—Definitions.
(5)RCW 69.50.201, Authority to control.
(6)RCW 69.50.202, Nomenclature.
ORDINANCE NO. 2021-XXX 3
(7)RCW 69.50.204, Schedule I
(8)RCW 69.50.309, Containers.
(9)Reserved
(10)RCW 69.50.412, Prohibited acts: E—Penalties.
(11)RCW 69.50.4121, Drug paraphernalia—Selling or giving—Penalty.
(12)RCW 69.50.445, Opening package of or consuming marijuana, useable marijuana,
marijuana-infused products, or marijuana concentrates in view of general public or
public place—Penalty.
(13)RCW 69.50.505, Seizure and forfeiture.
(14)RCW 69.50.506, Burden of proof; liabilities.
(15)RCW 69.50.509, Search and seizure of controlled substances.
SECTION 3. A new Arlington Municipal Code Section 9.40.030 shall be and hereby
is added to read as follows:
(1) It is unlawful for any person to knowingly possess a controlled substance
or to possess a controlled substance with intent to use it, unless the substance was
obtained directly from, or pursuant to, a valid prescription or order of a practitioner
while acting in the course of his or her professional practice, or except as otherwise
authorized by chapter 69.50 RCW.
(2) Any person who violates this section is guilty of a gross misdemeanor
punishable by up to 364 days in jail and a $5,000 fine.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or
word of this ordinance should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section, subsection, sentence, clause, phrase or
word of this ordinance.
SECTION 5. Upon approval by the city attorney, the city clerk or the code reviser
are authorized to make necessary corrections to this ordinance, including scrivener's
errors or clerical mistakes; references to other local, state, or federal laws, rules, or
regulations; or numbering or referencing of ordinances or their sections and
subsections.
SECTION 6. Effective Date. This ordinance is necessary for the protection of public
health and public safety, and is effective upon adoption.
ORDINANCE NO. 2021-XXX 4
PASSED BY the City Council and APPROVED by the Mayor this 19th day of April, 2021.
CITY OF ARLINGTON
______________________________
Barbara Tolbert, Mayor
Attest:
______________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
City of Arlington Council Agenda Bill Item: WS #2 Attachment C COUNCIL MEETING DATE: April 12, 2021 SUBJECT: Approval of change in indirect control of a franchise (Astound Broadband) ATTACHMENTS: Resolution of the City of Arlington, Washington, Approving the Change of Indirect Control of a Franchisee DEPARTMENT OF ORIGIN Legal; Steve Peiffle, City Attorney EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Council is asked to formally approve an indirect change in control of ownership of the Astound Broadband franchise. HISTORY: The City issued a telecommunications franchise for Astound Broadband. Under Federal Communications Commission (FCC) rules and the terms of our franchise, any change of controlling ownership triggers the right of franchise holders to approve the change of ownership. Primarily the franchisee has to provide financial information about the new owner to assure the new owner is capable of operating the franchise.
authorize the Mayor to sign the resolution.”
RESOLUTION NO. 2021-XXX 1
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE CHANGE OF
INDIRECT CONTROL OF A FRANCHISEE
WHEREAS, Astound Broadband, LLC ("Franchisee") owns, operates and maintains
a telecommunications system (the "System") in the City of Arlington pursuant to a
franchise agreement ("Franchise") granted by the governing body of the City of
Arlington (the "Franchise Authority"), and Franchisee is the current duly authorized
holder of the Franchise; and
WHEREAS, pursuant to an Agreement and Plan of Merger ("Agreement"), funds
associated with Stonepeak Infrastructure Partners ("Acquiror"), a Delaware limited
liability company, will purchase 100% of the membership interests of Radiate Holdings,
L.P., a Delaware limited partnership, (which owns 100% of the indirect ownership
interests in Franchisee), and, as a result, the indirect control of Franchisee will change
(the "Change of Control");
WHEREAS, Franchisee and Acquiror have requested the consent of the Franchise
Authority to the Change of Control in accordance with the requirements of the Franchise,
have filed an FCC Form 394 with the Franchise . Authority, and have provided the Franchise
Authority with all information necessary to facilitate a decision by the Franchise Authority
(the "Application"); and
WHEREAS, the Franchise Authority has reviewed the Application, examined the
legal, financial and technical qualifications of Acquiror, followed all required procedures
in order to consider and act upon the Application, considered the comments of all
interested parties, and finds Acquiror to be suitable to indirectly control Franchisee.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The Franchise Authority hereby accepts the Application and consents
to the Change of Control, all in accordance with the terms of the Franchise and
applicable law.
SECTION 2. The Franchise Authority confirms that the Franchise is valid and
outstanding and in full force and effect and there are no defaults under the Franchise.
Subject to compliance with the terms of this Resolution, any action necessary with
respect to the Change of Control has been duly and validly taken.
SECTION 3. This Resolution shall be deemed effective as of the date of its
passage.
RESOLUTION NO. 2021-XXX 2
This Resolution shall have the force of a continuing agreement with Franchisee
and Acquiror, and Franchise Authority shall not amend or otherwise alter this Resolution
without the consent of Franchisee and Acquiror.
Passed by the City Council of the City of Arlington at a regular meeting on this
19th day of April, 2021.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: WS #3 Attachment DCOUNCIL MEETING DATE: April 12, 2021 SUBJECT: Resolution Declaring Property as Surplus ATTACHMENTS: Resolution with Exhibit "A" DEPARTMENT OF ORIGIN Finance; Debbie Strotz, Procurement/Contracts Analyst 360-403-3429 EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: $0 LEGAL REVIEW: DESCRIPTION: The City would like to declare surplus of 2 Community and Economic Development vehicles as described in Exhibit A. Council approved budget amendment on March 15, 2021 for the purchase of a new vehicle that will replace both vehicles proposed to be surplused. Both vehicles have surpassed their useful life. HISTORY: The City has found that the most expedient way to deal with surplus vehicles and equipment is to utilize the services of an on-line auction site.
ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: Workshop; discussion only. At the April 19, 2021 Council meeting, the recommended motion will be, “I move to approve the resolution, and authorize the Mayor to sign it.”
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, the City has purchased the equipment listed on the attached Exhibit
“A”; and
WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of
The City; and
NOW, THEREFORE, the City of Arlington, acting by and through its City
Council, does hereby resolve as follows:
1. The equipment/property described on the attached Exhibit “A” is declared
Surplus to the needs of the City.
2. Staff is instructed to trade in all items for the best available price, sell all
items for the best price or properly dispose of items that it is unable to
sell. Staff is further authorized to dispose of the property via an
intergovernmental transfer pursuant to RCW 39.33.010.
Passed by the City Council of the City of Arlington at a regular meeting on this 19th day
of April, 2021.
_____________________________
Barbara Tolbert
Mayor
ATTEST:
________________________ _
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
______________________ ___
Steven J. Peiffle, City Attorney
ID ITEM SERIAL NUMBER LICENSE
B-75 2003 Ford Ranger Supercab 4x4 1FTZR45E93PA70357 35396D 89,834
B-76 2002 Chevrolet Blazer 1GNDT13WX2K217472 35391D 41,357
EXHIBIT A
City of Arlington Council Agenda Bill
Item: WS #4 Attachment E COUNCIL MEETING DATE: April 12, 2021 SUBJECT: Design Professional Services Agreement with Dowl Engineering – Runway 16/34 Mill & Overlay Project ATTACHMENTS: Professional Services Agreement DEPARTMENT OF ORIGIN Airport; Marty Wray, Airport Operations Manager 360-403-3477 EXPENDITURES REQUESTED: Amount Not to Exceed $289,511.00 BUDGET CATEGORY: CIP Fund BUDGETED AMOUNT: $289,511.00 LEGAL REVIEW: DESCRIPTION: Professional Services Agreement with Dowl Engineering (current contracted on-call engineer for the City of Arlington Airport) for the Runway 16/34 Mill & Overlay Project - design services. The project will involve the design of a 2-inch mill and overlay of Runway 16/34 and taxiway connectors.
warranted. The FAA has indicated that they will fund 100% of the design services for this project using 90% of discretionary/non-primary entitlement funds and the remaining 10% from the Coronavirus Response and Relief Supplemental Appropriation Act (CRRSA) funds.
Workshop; discussion only. At the April 19, 2021 Council meeting, the recommended motion will be, “I move to approve the professional services agreement for design services with Dowl Engineering Inc. in the amount not to exceed $289,511.00, and authorize the Mayor to sign, and to approve the FAA Grant offer for design services for the Runway 16/34 Mill & Overlay Project, and authorize the Mayor to sign, if the grant is awarded."
PROFESSIONAL SERVICE AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this 19th day of April, 2021,
by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter
referred to as the "CITY" or “OWNER” and, DOWL, LLC hereinafter referred to as the
"CONSULTANT".
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the CONSULTANT represents that the CONSULTANT is qualified and
possesses sufficient skills and the necessary capabilities, including technical and professional
expertise, where required, to perform the services and/or tasks set forth in this Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services.
The CONSULTANT shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof,
as are identified and designated as CONSULTANT responsibilities throughout this
Agreement and as detailed in Exhibit A, attached hereto and incorporated herein (the
"Project"). CITY has relied upon the qualifications of CONSULTANT in entering into
this Agreement. By execution of this Agreement, CONSULTANT represents it
possesses the ability, skill and resources necessary to perform the work and is familiar
with all applicable current laws, rules and regulations which reasonably relate to the
Scope of Services detailed in Exhibit “A” hereto. CONSULTANT shall exercise the
degree of skill and diligence normally employed by professional consultants engaged
in the same profession, and performing the same or similar services at the time such
services are performed. CONSULTANT will be responsible for the technical accuracy
of its services and documents resulting therefrom, and CITY shall not be responsible
for discovering deficiencies therein. CONSULTANT agrees to correct any deficiencies
discovered without additional compensation, except to the extent such deficiencies
are directly attributable to deficiencies or omissions in City-furnished information.
PROFESSIONAL SERVICE AGREEMENT 2
2. Term.
The contract shall be completed by April 1st, 2022, unless sooner terminated
according to the provisions herein.
3. Compensation and Method of Payment.
3.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved
in writing by the CITY.
3.2 No payment shall be made for any service rendered by the CONSULTANT except
for services identified and set forth in this Agreement.
3.3 The CITY shall pay the CONSULTANT for work performed under this Agreement
as follows: CONSULTANT shall submit monthly invoices detailing work performed
and expenses for which reimbursement is sought. CITY shall approve all invoices
before payment is issued. Payment shall occur within thirty (30) days of receipt
and approval of an invoice.
3.4 CITY shall pay CONSULTANT for such services: (check one)
Hourly: $ __________ per hour, plus actual expenses, but not
to exceed a total of $___________ without an amendment to
the contract.
Fixed Sum: A total amount of $XXXXXXX in accordance with the
fee schedule contained in Exhibit B for all work performed and
expenses incurred under this contract. .
Other: An hourly fee plus reimbursement of expenses per the
scope of work attached as Exhibit A, but not to exceed $289,511.00
for all work performed and expenses incurred under this contract.
4. Reports and Inspections.
4.1 The CONSULTANT at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The CONSULTANT shall at any time during normal business hours and as often as
the CITY or State Auditor may deem necessary, make available for examination
all of its records and data with respect to all matters covered, directly or
indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the CONSULTANT'S activities. The CITY may, at
PROFESSIONAL SERVICE AGREEMENT 3
its discretion, conduct an audit at its expense, using its own or outside auditors,
of the CONSULTANT'S activities which relate, directly or indirectly, to this
Agreement.
5. Independent Contractor Relationship.
5.1 The parties intend that an independent CONSULTANT/CITY relationship will be
created by this Agreement. The CITY is interested primarily in the results to be
achieved; subject to paragraphs herein, the implementation of services will lie
solely with the discretion of the CONSULTANT. No agent, employee, servant or
representative of the CONSULTANT shall be deemed to be an employee, agent,
servant or representative of the CITY for any purpose, and the employees of the
CONSULTANT are not entitled to any of the benefits the CITY provides for its
employees. The CONSULTANT will be solely and entirely responsible for its acts
and for the acts of its agents, employees, servants, subcontractors or
representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the CONSULTANT is an
independent contractor with the authority to control and direct the performance
of the details of the work, however, the results of the work contemplated herein
must meet the approval of the CITY and shall be subject to the CITY'S general
rights of inspection and review to secure the satisfactory completion thereof.
6. CONSULTANT Employees/agents
The CITY may at its sole discretion require the CONSULTANT to remove any employee,
agent or servant from employment on this Project. The CONSULTANT may however
employ that (those) individual(s) on other non-CITY related projects.
7. Hold Harmless/Indemnification.
7.1 CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the
negligent acts, errors or omissions of the CONSULTANT in performance of this
Agreement, except for injuries and damages caused by the negligence of the
CITY.
In the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of
the CONSULTANT and the CITY, its officers, officials, employees, and volunteers,
the CONSULTANT's liability, including the duty and cost to defend, hereunder
shall be only to the extent of the CONSULTANT's negligence. It is further
PROFESSIONAL SERVICE AGREEMENT 4
specifically and expressly understood that the indemnification provided herein
constitutes the CONSULTANT's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement, though no
indemnification claim shall lie after any applicable underlying limitation of
action(s) has run.
8. Insurance. The CONSULANT shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder by
the CONSULTANT, its agents, representatives, or employees.
8.1 Insurance Term. The CONSULTANT shall procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, its agents,
representatives, or employees.
8.2 No Limitation. The CONSULTANT’s maintenance of insurance as required by
the Agreement shall not be construed to limit the liability of the CONSULTANT to
the coverage provided by such insurance, or otherwise limit the CITY’s recourse
to any remedy available at law or in equity.
8.3 Minimum Scope of Insurance. The CONSULTANT shall obtain insurance of
the types and coverage described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be as least as broad as Insurance Services
Office (ISO) form CA 00 01.
b. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The CITY shall be named as an additional insured under
the CONSULTANT’s Commercial General Liability insurance policy with
respect to the work performed for the CITY using an additional insured
endorsement at least as broad as ISO CG 20 26.
PROFESSIONAL SERVICE AGREEMENT 5
c. Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the CONSULTANT’s profession.
8.4 Minimum Amounts of Insurance. The CONSULTANT shall maintain the
following insurance limits:
a. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
c. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
8.5 Other Insurance Provision. The CONSULTANT’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to
contain that they shall be primary insurance as respect the CITY. Any insurance,
self-insurance, or self-insured pool coverage maintained by the CITY shall be
excess of the CONSULTANT’s insurance and shall not contribute with it.
8.6 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
8.7 Verification of Coverage. The CONSULTANT shall furnish the CITY with
original certificates and a copy of the amendatory endorsements, including but
not necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the CONSULTANT before commencement of the
work.
8.8 Notice of Cancellation. The CONSULTANT shall provide the CITY with written
notice of any policy cancellation within two business days of their receipt of such
notice.
8.9 Failure to Maintain Insurance. Failure on the part of the CONSULTANT to
maintain the insurance as required shall constitute a material breach of contract,
upon which the CITY may, after giving five business days’ notice to the
CONSULTANT to correct the breach, immediately terminate the contract or, at its
PROFESSIONAL SERVICE AGREEMENT 6
discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the CITY on
demand, or at the sole discretion of the CITY, offset against funds due the
CONSULTANT from the CITY.
8.10 CITY Full Availability of CONSULTANT Limits. If the CONSULTANT maintains
higher insurance limits than the minimums shown above, the CITY shall be
insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the CONSULTANT, irrespective of whether such
limits maintained by the CONSULTANT are greater than those required by this
contract or whether any certificate of insurance furnished to the CITY evidences
limits of liability lower than those maintained by the CONSULTANT.
9. Treatment of Assets. Title to all property furnished by the CITY shall remain in the name
of the CITY and the CITY shall become the owner of the work product and other
documents, if any, prepared by the CONSULTANT pursuant to this Agreement.
10. Compliance with Law/FAA Requirements.
10.1 The CONSULTANT, in the performance of this Agreement, shall comply with all
applicable federal, state or local laws and ordinances, including regulations for
licensing, certification and operation of facilities, programs and accreditation,
and licensing of individuals, and any other standards or criteria as described in
this Agreement to assure quality of services.
10.2 The CONSULTANT specifically agrees to pay any applicable business and
occupation (B & O) taxes which may be due on account of this Agreement.
10.3 Access to Records and Reports. The CONSULTANT must maintain an acceptable
cost accounting system. The CONSULTANT agrees to provide the sponsor, the
Federal Aviation Administration, and the Comptroller General of the United
States oir duly authorized representatives, access to any books, documents,
papers, and records of the CONSULTANT which are directly pertinent to the
specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The CONSULTANT agrees to maintain all books, records and
reports required under this contract for a period of not less than three years
after final payment is made and all pending matters are closed.
10.4 General Civil Rights Provisions. The CONSULTANT agrees to comply with
pertinent statutes, Executive Orders and such rules as are promulgated to ensure
that no person shall, on the grounds of race, creed, color, national origin, sex,
age, or disability be excluded from participating in any activity conducted with or
benefiting from Federal assistance. This provision binds the CONSULTANT and
PROFESSIONAL SERVICE AGREEMENT 7
subtier contractors from the bid solicitation period through the completion of
the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.
10.5 Title VI Solicitation Notice: The CITY, in accordance with the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and
the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds
of race, color, or national origin in consideration for an award.
10.6 Compliance with Nondiscrimination Requirements. During the performance of
this contract, the CONSULTANT, for itself, its assignees, and successors in interest
(hereinafter referred to as the “CONSULTANT”) agrees as follows:
a. Compliance with Regulations: The CONSULTANT will comply with the
Title VI List of Pertinent Nondiscrimination Acts And Authorities, as
they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
b. Non-discrimination: The CONSULTANT, with regard to the work
performed by it during the contract, will not discriminate on the
grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONSULTANT will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination
Acts and Authorities, including employment practices when the
contract covers any activity, project, or program set forth in Appendix
B of 49 CFR part 21.
c. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations, either by competitive bidding, or
negotiation made by the CONSULTANT for work to be performed
under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be
notified by the CONSULTANT of the CONSULTANT’s obligations under
this contract and the Nondiscrimination Acts And Authorities on the
grounds of race, color, or national origin.
d. Information and Reports: The CONSULTANT will provide all
information and reports required by the Acts, the Regulations, and
directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as
may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such
PROFESSIONAL SERVICE AGREEMENT 8
Nondiscrimination Acts And Authorities and instructions. Where any
information required of a CONSULTANT is in the exclusive possession
of another who fails or refuses to furnish the information, the
CONSULTANT will so certify to the sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
e. Sanctions for Noncompliance: In the event of a CONSULTANT’s
noncompliance with the Nondiscrimination provisions of this
contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate,
including, but not limited to:
1. Withholding payments to the CONSULTANT under the
contract until the CONSULTANT complies; and/or
2. Cancelling, terminating, or suspending a contract, in whole or
in part.
f. Incorporation of Provisions: The CONSULTANT will include the
provisions of paragraphs one through six in every subcontract,
including procurements of materials and leases of equipment,
Required Contact Provisions Issued on January 29, 2016 Page 19 AIP
Grants and Obligated Sponsors Airports (ARP) unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The
CONSULTANT will take action with respect to any subcontract or
procurement as the sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the CONSULTANT
becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the
CONSULTANT may request the sponsor to enter into any litigation to
protect the interests of the sponsor. In addition, the CONSULTANT
may request the United States to enter into the litigation to protect
the interests of the United States.
10.7 Applicable Nondiscrimination Statutes. During the performance of this contract,
the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter
referred to as the “CONSULTANT”) agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
PROFESSIONAL SERVICE AGREEMENT 9
• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights
Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR
part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The
Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act
of 1973, by expanding the definition of the terms “programs or activities”
to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189)
as implemented by Department of Transportation regulations at 49 CFR
parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national
origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take
PROFESSIONAL SERVICE AGREEMENT 10
reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits
you from discriminating because of sex in education programs or
activities (20 U.S.C. 1681 et seq).
10.8 Texting While Driving. In accordance with Executive Order 13513, "Federal
Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order
3902.10 “Text Messaging While Driving” (12/30/2009), the FAA encourages recipients of
Federal grant funds to adopt and enforce safety policies that decrease crashes
by distracted drivers, including policies to ban text messaging while driving when
performing work related to a grant or sub-grant.
In support of this initiative, the Owner encourages the CONSULTANT to promote policies
and initiatives for its employees and other work personnel that decrease crashes by
distracted drivers, including policies that ban text messaging while driving motor
vehicles while performing work activities associated with the project. The CONSULTANT
must include the substance of this clause in all sub-tier contracts exceeding $3,500 and
involve driving a motor vehicle in performance of work activities associated with the
project.
10.9 Energy Conservation Requirements. CONSULTANT and its subcontractors agree
to comply with mandatory standards and policies relating to energy efficiency as
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201et seq).
10.10 Federal Fair Labor Standards Act. All contracts and subcontracts that result from
this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal
Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text.
The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards
for full and part time workers. The CONSULTANT has full responsibility to monitor
compliance to the referenced statute or regulation. The CONSULTANT must address any
claims or disputes that arise from this requirement directly with the U.S. Department of
Labor – Wage and Hour Division.
10.11 Occupational Safety and Health Act of 1970. All contracts and subcontracts that
result from this solicitation incorporate by reference the requirements of 29 CFR Part
1910 with the same force and effect as if given in full text. CONSULTANT must provide a
work environment that is free from recognized hazards that may cause death or serious
physical harm to the employee. The CONSULTANT retains full responsibility to monitor
PROFESSIONAL SERVICE AGREEMENT 11
its compliance and their subcontractor’s compliance with the applicable requirements
of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). CONSULTANT
must address any claims or disputes that pertain to a referenced requirement directly
with the U.S. Department of Labor – Occupational Safety and Health Administration.
10.12 Trade Restriction Certification. By submission of an offer, the CONSULTANT
certifies that with respect to this solicitation and any resultant contract, the
CONSULTANT -
a. is not owned or controlled by one or more citizens of a foreign country
included in the list of countries that discriminate against U.S. firms as published
by the Office of the United States Trade Representative (U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project
with a person that is a citizen or national of a foreign country included on the list
of countries that discriminate against U.S. firms as published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the
Federal on the project that is produced in a foreign country included on the list
of countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
The CONSULTANT must provide immediate written notice to the Owner if the
CONSULTANT learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The
CONSULTANT must require subcontractors provide immediate written notice to the
CONSULTANT if at any time it learns that its certification was erroneous by reason of
changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a CONSULTANT or
subcontractor:
(1) who is owned or controlled by one or more citizens or nationals of a foreign
country included on the list of countries that discriminate against U.S. firms
published by the U.S.T.R. or
(2) whose subcontractors are owned or controlled by one or more citizens or
nationals of a foreign country on such U.S.T.R. list or
(3) who incorporates in the public works project any product of a foreign country
on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
PROFESSIONAL SERVICE AGREEMENT 12
provision. The knowledge and information of CONSULTANT is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of business
dealings.
The CONSULTANT agrees that it will incorporate this provision for certification without
modification in in all lower tier subcontracts. The CONSULTANT may rely on the
certification of a prospective subcontractor that it is not a firm from a foreign country
included on the list of countries that discriminate against U.S. firms as published by
U.S.T.R, unless the CONSULTANT has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed
when making an award. If it is later determined that the CONSULTANT or subcontractor
knowingly rendered an erroneous certification, the Federal Aviation Administration may
direct through the Owner cancellation of the contract or subcontract for default at no
cost to the Owner or the FAA.
10.13 Veteran’s Preference. In the employment of labor (excluding executive,
administrative, and supervisory positions), the CONSULTANT and all sub-tier contractors
must give preference to covered veterans as defined within Title 49 United States Code
Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as
defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference
only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
10.14 Certification Regarding Lobbying. The CONSULTANT certifies by signing and
submitting this agreement, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
PROFESSIONAL SERVICE AGREEMENT 13
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,”
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10.15 Clean Air and Water Pollution Control. CONSULTANT agrees to comply with all
applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42
U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§ 1251-1387). The CONSULTANT agrees to report any violation to the Owner
immediately upon discovery. The Owner assumes responsibility for notifying the
Environmental Protection Agency (EPA) and the Federal Aviation Administration.
CONSULTANT must include this requirement in all subcontracts that exceeds $150,000.
10.16 Certification of CONSULTANT regarding Debarment. The CONSULTANT certifies
that neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this transaction.
10.17 Certification of CONSULTANT regarding Tax Delinquency and Felony Convictions
1) CONSULTANT represents that it is not a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
2) The CONSULTANT represents that it is not a corporation that was
convicted of a criminal violation under any Federal law within the preceding 24 months.
10.18 Disadvantaged Business Enterprises Provisions. CONSULTANT shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this
contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in
the award and administration of Department of Transportation-assisted contracts.
Failure by the Contractor to carry out these requirements is a material breach of this
PROFESSIONAL SERVICE AGREEMENT 14
contract, which may result in the termination of this contract or such other remedy as
the Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
11. Breach of Contract. Any violation or breach of terms of this contract on the part
of the contractor or its subcontractors may result in the suspension or termination of
this contract or such other action that may be necessary to enforce the rights of the
parties of this agreement.
Owner will provide CONSULTANT written notice that describes the nature of the breach
and corrective actions the CONSULTANT must undertake in order to avoid termination
of the contract. Owner reserves the right to withhold payments to CONSULTANT until
such time the CONSULTANT corrects the breach or the Owner elects to terminate the
contract. The Owner’s notice will identify a specific date by which the CONSULTANT
must correct the breach. Owner may proceed with termination of the contract if the
CONSULTANT fails to correct the breach by deadline indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
12. Assignment/subcontracting.
12.1 The CONSULTANT shall not assign its performance under this Agreement or any
portion of this Agreement without the written consent of the
CITY, and it is further agreed that said consent must be sought in writing by the
CONSULTANT not less than thirty (30) days prior to the date of any proposed
assignment. The CITY reserves the right to reject without cause any such
assignment.
12.2 Any work or services assigned hereunder shall be subject to each provision of
this Agreement and proper bidding procedures where applicable as set forth in
local, state and/or federal statutes, ordinances and guidelines.
12.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
13. Changes.
PROFESSIONAL SERVICE AGREEMENT 15
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
14. Maintenance and Inspection of Records.
14.1 The CONSULTANT shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable
times to inspection, review, or audit, by the CITY, its authorized representative,
the State Auditor, or other governmental officials authorized by law to monitor
this Agreement.
14.2 The CONSULTANT shall retain all books, records, documents and other material
relevant to this agreement, for six (6) years after its expiration. The
CONSULTANT agrees that the CITY or its designee shall have full access
and right to examine any of said materials at all reasonable times during said
period.
15. Other Provisions.
If changes in state law necessitate that services hereunder be expanded, the parties shall
negotiate an appropriate amendment. If after thirty (30) days of negotiation, agreement can
not be reached, this Agreement may be terminated by the CITY no sooner than sixty (60) days
thereafter.
16. Termination.
16.1 Termination for Convenience.
a. The Owner may, by written notice to the CONSULTANT, terminate
this Agreement for its convenience and without cause or default on
the part of CONSULTANT. Upon receipt of the notice of termination,
except as explicitly directed by the Owner, the Contractor must
immediately discontinue all services affected.
b. Upon termination of the Agreement, the CONSULTANT must deliver
to the Owner all data, surveys, models, drawings, specifications,
reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this
contract, whether complete or partially complete.
c. Owner agrees to make just and equitable compensation to the
CONSULTANT for satisfactory work completed up through the date
PROFESSIONAL SERVICE AGREEMENT 16
the CONSULTANT receives the termination notice. Compensation will
not include anticipated profit on non-performed services.
d. Owner further agrees to hold CONSULTANT harmless for errors or
omissions in documents that are incomplete as a result of the
termination action under this clause.
16.2 Termination for Cause. Either party may terminate this Agreement for
cause if the other party fails to fulfill its obligations that are essential to the
completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an
opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written
notice of its intent to terminate the Agreement. The notice must specify the
nature and extent of the breach, the conditions necessary to cure the breach,
and the effective date of the termination action. The rights and remedies in this
clause are in addition to any other rights and remedies provided by law or under
this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or
in part, for the failure of the CONSULTANT to:
1. Perform the services within the time specified in this contract or by
Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance
of the Project;
3. Fulfill the obligations of the Agreement that are essential to the
completion of the Project.
Upon receipt of the notice of termination, the CONSULTANT must immediately
discontinue all services affected unless the notice directs otherwise. Upon
termination of the Agreement, the CONSULTANT must deliver to the Owner all
data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the
Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the CONSULTANT for
satisfactory work completed up through the date the CONSULTANT receives the
termination notice. Compensation will not include anticipated profit on non-
performed services.
PROFESSIONAL SERVICE AGREEMENT 17
Owner further agrees to hold CONSULTANT harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
If, after finalization of the termination action, the Owner determines the
CONSULTANT was not in default of the Agreement, the rights and obligations of
the parties shall be the same as if the Owner issued the termination for the
convenience of the Owner.
b) Termination by CONSULTANT: The CONSULTANT may terminate this
Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the CONSULTANT in accordance with the
terms of this Agreement;
3. Suspends the Project for more than 180 days due to reasons beyond
the control of the CONSULTANT.
Upon receipt of a notice of termination from the CONSULTANT, Owner agrees to
cooperate with CONSULTANT for the purpose of terminating the agreement or
portion thereof, by mutual consent. If Owner and CONSULTANT cannot reach
mutual agreement on the termination settlement, the CONSULTANT may,
without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owner’s breach of the
contract.
In the event of termination due to Owner breach, the Engineer is entitled to
invoice Owner and to receive full payment for all services performed or furnished
in accordance with this Agreement and all justified reimbursable expenses
incurred by the CONSULTANT through the effective date of termination action.
Owner agrees to hold CONSULTANT harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
17. Notice.
Notice provided for in this Agreement shall be sent by certified mail to the addresses
designated for the parties on the last page of this Agreement.
18. Attorneys Fees and Costs.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
PROFESSIONAL SERVICE AGREEMENT 18
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
19. Jurisdiction and Venue.
19.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both
as to interpretation and performance.
19.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts of competent jurisdiction in Snohomish County, Washington.
20. Severability.
20.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
20.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory
provisions.
21. Entire Agreement.
The parties agree that this Agreement is the complete expression of the terms hereto and any
oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause
for termination. Both parties recognize time is of the essence in the performance of the
provisions of this Agreement. It is also agreed by the parties that the forgiveness of the
nonperformance of any provision of this Agreement does not constitute a waiver of the
provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day
and year first hereinabove written.
PROFESSIONAL SERVICE AGREEMENT 19
CITY OF ARLINGTON CONSULTANT:
Dowl, LLC
______________________________ ____________________________
Barbara Tolbert, Mayor
Attest:
________________________________
Wendy Van Der Meersche, City Clerk
Page 1 of 7
TASK ORDER #7
EXHIBIT A: SCOPE OF WORK
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 1: Design
This project will be completed under the Professional Services Agreement between the City of Arlington and DOWL, LLC, dated 4/19/2021.
Project Description This project includes the following improvements to the Arlington Municipal Airport (AIRPORT), as shown in the attached Figure 1.
Runway 16-34 Mill & Overlay (AIP Eligible): 1. Mill and overlay of Runway 16-34, full length. Overlay is anticipated to match existing paved shoulder edges. Minor additional milling and overlay may be required to short segments of paved runway shoulders if grade corrections are required to match the new overlay surface. Overlay will include short (10-foot max.) segments of Taxiway B connectors B2-B4 as needed to match new runway overlay surface. Actual extents of new overlay into Taxiway B connectors is anticipated to be minimal and will be reduced as much as possible. 2. Mill and overlay of Connector Taxiways A1, A2, A3, and A4 from Runway 16/34 edge to existing holding position markings on each connector taxiway.
Non-AIP Eligible Work: There is not anticipated to be any non-AIP eligible work included in this project. DOWL (CONSULTANT) and The City of Arlington – Arlington Municipal Airport (AIRPORT) have prepared the following scope of work.
PHASE 1: DESIGN
1.1 PROJECT MANAGEMENT The CONSULTANT will develop the scope of the project, provide project management and administration, management of subconsultants, and liaison with the AIRPORT, and prepare monthly invoices with monthly progress reports. It is assumed that up to seven (7) invoices will be required.
The CONSULTANT will attend up to three (3) meetings at the AIRPORT office; the anticipated meetings include: a) FAA Predesign meeting (Microsoft Teams Meeting) b) 50% Submittal Review Meeting (Microsoft Teams Meeting) c) 90% Submittal Review Meeting d) One (1) additional meeting, as needed
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 1: Design
Page 2 of 7
The FAA predesign meeting will follow FAA Regional Guidance 620-03. The CONSULTANT will prepare meeting notes and distribute to all participants. Assumptions: a. One (1) invoice and one (1) progress report will be prepared per month. b. The project will be completed approximately per the attached Project Schedule. Deliverables: Invoice and Progress Report PDF via email Meeting Notes PDF via email
1.2 TOPOGRAPHIC SURVEY The CONSULTANT will provide surveying services as follows: a) Establish horizontal and vertical control for mapping purposes and future construction layout. b) The topographic survey will be tied to the Washington State Plane coordinate system – North Zone (NAD 83/91) and the North American Vertical Datum of 1988 (NAVD 88). c) Conduct utility locates prior to beginning survey using a private utility locate service. d) Conduct a topographic survey of the project area for use in the development of construction plans. Mapping features will include:
• One-hundredth (0.01) foot elevation contour resolution for all Runway 16-34 pavements, including paved shoulders.
• One-hundredth (0.01) foot elevation contour resolution for Connector Taxiways A1-A4 from the edge of Runway 16/34 east to just beyond the holding position markings, as shown on
Figure 2.
• One-hundredth foot (0.01) elevation contour resolution for Connector Taxiways B2-B4 from the edge of Runway 16/34 outward approximately 10-feet as shown on Figure 2.
• Approximately 10-feet of grass area adjacent to runway and taxiway pavement edges to allow for minor edge grading, if needed to maintain 1.5-inch vertical drop at pavement edge of overlay.
• On-site features including: i. Surface storm drainage features. ii. Runway and taxiway lights and signs iii. Runway and taxiway paint markings iv. Visible utilities and utility locate markings e) Prepare a survey basemap in AutoCAD Civil 3D. The survey will include features, 0.1-foot contours, and an existing surface model. The survey will also incorporate as-built records provided by the AIRPORT. f) Conduct an onsite review to verify features on the survey basemap.
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 1: Design
Page 3 of 7
Assumptions: a) Underground utilities will be pre-marked using a private Utility Locate Service. b) The CONSULTANT survey personnel are not allowed by Washington State Law to enter manholes, vaults, or other structures defined as confined spaces. Measurements to confined spaces will be made from the surface. c) The AIRPORT will coordinate all runway/taxiway closures and will place and remove Runway Closure X’s if required and will issue and cancel all NOTAM’s.
1.3 GEOTECHNICAL INVESTIGATION The CONSULTANT will provide geotechnical services as follows: a) Review readily available geotechnical and pavement data for the project area. b) Arrange for underground utility location (“call before you dig”) prior to performing field activities. c) Hire a private Utility Locating Service to check for the presence of buried utilities at planned coring locations. d) Determine the thickness of the existing Runway 16-34, paved shoulder, and affected connector taxiway pavements at twenty (20) locations, by coring a 4-inch diameter core the full-depth of existing pavement, as shown in Figure 3. Drill rig operator will be hired by geotechnical consultant. Core holes will be filled with cold patch asphalt or black-dyed concrete based on consultation with AIRPORT. e) A representative from DOWL will be on site during coring operations. f) Summarize the results of the investigation in a memorandum, including exhibits. Deliverables: Geotechnical Exhibit & Memorandum Three (3) printed and PDF via email or electronic transfer Assumptions: a) Underground utilities will be pre-marked using a private Utility Locate Service. b) The AIRPORT will coordinate all runway/taxiway closures and will place and remove Runway Closure X’s if required and will issue and cancel all NOTAM’s.
1.4 50% DESIGN The CONSULTANT will prepare construction plans to approximately the 50% level. The CONSULTANT will complete the following tasks:
a) Site Conditions Review. The CONSULTANT will conduct a site visit to review existing site conditions for the preparation of plans.
b) 50% Construction Plans. The CONSULTANT will develop detailed 50% Construction Plans in accordance with AIRPORT and FAA design standards. An estimated sheet count is included below:
Sheets Description 1 Cover Sheet 1 Notes, Abbreviations, and Legend 1 Civil Site Plan
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 1: Design
Page 4 of 7
Sheets Description 1 Survey Control Plan 6 Construction Safety and Phasing Plan 1 Construction Safety and Phasing Details 4 Site Preparation / Temporary Erosion & Sediment Control Plan 10 Runway 16-34 Plan & Profile 1 Runway 16-34 Transverse Slope Table 4 Connector Taxiways A1-A4 Plan & Profile 1 Typical Sections 1 Civil Details 4 Marking Plan 1 Marking Details
37 TOTAL SHEET COUNT
c) 50% Contract Documents. The CONSULTANT will prepare project contract documents. Specifications will be developed in accordance with AIRPORT and FAA standards, and will incorporate AIRPORT provided front end documents (bid proposal, contract information), FAA Required Federal Contract Provisions, FAA Technical Specifications, and applicable appendices.
• A Project Specific Specifications Adjustment (PSSA) document will be included for FAA review. This PSSA will summarize all proposed changes to FAA General Provisions and Technical Specifications beyond items denoted by Notes to Engineer and required fill-ins. These changes are expected to be minimal.
d) 50% Engineer’s Estimate. The CONSULTANT will prepare itemized quantity calculations for all contract bid items. An Engineer’s Estimate of construction costs will be prepared.
e) 50% Engineer’s Design Report. The CONSULTANT will prepare a preliminary design report that summarizes the proposed pavement design criteria, geometric design, lighting and electrical design, and marking design. This design report will meet the requirements of FAA Northwest Mountain Region Regional Guidance 620-04.
f) 90% Construction Safety and Phasing Plan (CSPP). The CONSULTANT will prepare a preliminary CSPP in accordance with FAA Advisory Circular 150/5370-2G: Operational Safety on Airports During Construction. This CSPP will be advanced to the 90% complete level and will be submitted to the FAA for review with the 50% submittal. g) 7460 for Stockpiles and Haul Routes. The CONSULTANT will prepare and submit a 7460 for any proposed stockpiles within the Air Operations Area (AOA) to the FAA’s OE/AAA portal online for evaluation by the FAA. The CONSULTANT will additionally prepare and submit a separate 7460 for portions of any haul routes within the AOA to the FAA’s OE/AAA online portal for evaluation by the FAA.
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 1: Design
Page 5 of 7
Assumptions: a) The AIRPORT will provide contact information for all franchise utility companies located within the project limits. b) This scope of work assumes that water quality and detention facilities will not be required. c) An FAA 7460-1: Notice of Proposed Construction or Alteration will be submitted by the FAA for this project and is not included in this scope of work. d) The CONSULTANT will upload the CSPP to the FAA online OE/AAA portal. e) The CONSULTANT will prepare and submit 7460’s as separate cases for any proposed stockpiles and a separate case for portions of haul routes within the Air Operations Area (AOA). f) SEPA: The City of Arlington, as a SEPA Lead Agency, has determined that a SEPA checklist is not required. g) NEPA: This project is categorically excluded pursuant to FAA Order 1050.1F, paragraphs 5-6.4(e) with no further information required. Deliverables: 50% Construction Plans (11” X 17”) Airport: Three (3) printed sets & PDF via electronic delivery FAA: PDF via electronic delivery 50% Contract Documents Airport: Three (3) printed sets & PDF via electronic delivery FAA: PDF via electronic delivery 50% Engineer’s Estimate Airport: Three (3) prints & PDF via electronic delivery FAA: PDF via electronic delivery 50% Engineer’s Design Report Airport: Three (3) prints & PDF via electronic delivery FAA: PDF via electronic delivery 90% Construction Safety & Phasing Plan Airport: Three (3) prints & PDF via electronic delivery FAA: PDF via electronic delivery, Online via OE/AAA Portal 7460 for Stockpiles & Haul Routes Online via FAA OE/AAA portal
1.5 90% DESIGN The CONSULTANT will advance the project design to the 90% complete stage. The CONSULTANT will complete the following tasks: a) Site Conditions Review. The CONSULTANT will conduct a site visit to review proposed design for conformance with existing site conditions. b) 50% Comments Response. The CONSULTANT will prepare responses to all comments received from the AIRPORT and FAA at the 50% review.
c) 90% Construction Plans. The CONSULTANT will address AIRPORT comments from the 50% review, and advance plans to the 90% complete stage.
d) 90% Contract Documents. The CONSULTANT will address AIRPORT comments from the 50% review, and advance contract documents to the 90% complete stage. An updated PSSA document will be included, if necessary, for FAA review. All submitted specifications will be shown in “Track Changes” mode to show all revisions from standard FAA language.
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 1: Design
Page 6 of 7
e) 90% Engineer’s Estimate. The CONSULTANT will address AIRPORT comments from the 50% review, and advance cost estimate to the 90% complete stage.
f) 90% Engineer’s Design Report. The CONSULTANT will address AIRPORT comments and incorporate them into the 90% Engineer’s Design Report.
g) Final Construction Safety and Phasing Plan (CSPP). The CONSULTANT will address AIRPORT and FAA comments and incorporate them into the final CSPP document. This document will be submitted to the ADO and for FAA airspace review via the FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) portal. Deliverables: 50% Comments Response Airport: Three (3) printed sets & PDF via electronic delivery FAA: PDF via electronic delivery 90% Construction Plans (11” X 17”) Airport: Three (3) printed sets & PDF via electronic delivery FAA: PDF via electronic delivery 90% Contract Documents Airport: Three (3) printed sets & PDF via electronic delivery FAA: PDF via electronic delivery 90% Engineer’s Estimate Airport: Three (3) prints & PDF via electronic delivery FAA: PDF via electronic delivery 90% Engineer’s Design Report Airport: Three (3) prints & PDF via electronic delivery FAA: PDF via electronic delivery Final Construction Safety & Phasing Plan Airport: Three (3) prints & PDF via electronic delivery FAA: PDF via electronic delivery, online via OE/AAA
1.6 FINAL PS&E SUBMITTAL The AIRPORT will provide the CONSULTANT with a set of consolidated review comments and “redline” review comments on the 90% Construction Plans, Contract Documents, and Cost Estimate. The AIRPORT will provide the review comments prior to the 90% Design Review Meeting. The CONSULTANT will develop the project design to the final stage, and complete the following: a) 90% Comments Response. The CONSULTANT will prepare responses to all comments received from the AIRPORT and FAA at the 90% review. b) 100% Construction Plans. The CONSULTANT will address AIRPORT comments from the 90% review, and provide a complete, bid-ready set of Construction Plans. c) 100% Contract Documents. The CONSULTANT will address AIRPORT comments from the 90% review, and provide a complete, bid-ready set of Contract Documents. d) 100% Cost Estimate. The CONSULTANT will address AIRPORT comments from the 90% review and advance the Cost Estimate to the 100% complete stage. e) Final Engineer’s Design Report. The CONSULTANT will incorporate Airport and FAA comments, and prepare the final design report.
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 1: Design
Page 7 of 7
The CONSULTANT will provide paper copies of the final Plans, Contract Documents, Cost Estimate, Engineer’s Design Report, and Final CSPP to the AIRPORT. The CONSULTANT will upload the plans and specifications to Builder’s Exchange of Washington, for distribution to Contractors. Deliverables: 100% Construction Plans (11” X 17”) Airport: Three (3) printed sets & PDF via electronic delivery FAA: PDF via electronic delivery 100% Contract Documents Airport: Three (3) printed sets & PDF via electronic delivery FAA: PDF via electronic delivery 100% Engineer’s Estimate Airport: Three (3) prints & PDF via electronic delivery FAA: PDF via electronic delivery Final Engineer’s Design Report Airport: Three (3) prints & PDF via electronic delivery FAA: PDF via electronic delivery Strategic Event Submission Form FAA: PDF via electronic delivery
1.7 GRANT ASSISTANCE This project is anticipated to include an FAA grant. The CONSULTANT will provide the AIRPORT with the following grant assistance: a) Assist with preparation of FAA AIP Grant Application, including FAA AIP Development Project Schedule. b) Assist with preparation of WSDOT Aviation Airport Aid Grant Application. c) Assist the AIRPORT with general management of FAA AIP grant and WSDOT grant for this project. d) Prepare and submit FAA Quarterly Reports and Annual Performance Reports. It is anticipated that up to three (3) quarterly reports and one (1) annual report will be required. e) The CONSULTANT will prepare an FAA Final Report and Final Payment Summary and submit to the AIRPORT and FAA for review and approval.
1.8 BIDDING SUPPORT The CONSULTANT will provide the AIRPORT with bidding support, as follows: a) Prepare written responses to Contractor questions and post to Builder’s Exchange. b) Conduct Pre-Bid Meeting at the airport and distribute minutes. c) Develop up to two (2) addenda, as required during the bidding period. d) Review apparent low bid for conformance with bidding requirements and perform checks on contractor license, list of excluded parties from SAM.gov, and WA Dept. of Revenue status. e) Prepare a bid tabulation of all bid results and submit to the AIRPORT. f) Prepare and submit a Recommendation for Award letter to the AIRPORT summarizing the bid results and including a recommendation for award to the lowest qualified bidder.
Client:Arlington Municipal Airport (AWO)
Project:Runway 16-34 Overlay Date:2/3/2021
Phase:01 - Design
LABOR:
TASK Engineering Prof. Land 2-Person Survey Admin.
NO.TASK (Scope of Services)Engineer X Engineer VIII Engineer I Technician V Surveyor X Survey Crew Technician V Assistant TOTAL LABOR
245.00 195.00 100.00 130.00 180.00 190.00 90.00 85.00 HOURS COST
1.1 Project Management 5 90 30 4 0 0 0 12 141 23,315$
a Scope Development 1 8 4 4 17 2,725$
b General Project Management (7 months)4 56 12 72 12,920$
c FAA Predesign Meeting 2 2 4 590$
d 50% Submittal Review Meeting 8 8 16 2,360$
e 90% Submittal Review Meeting 8 8 16 2,360$
f Additional Coordination Meeting 8 8 16 2,360$
1.2 Topographic Survey 0 10 8 16 40 200 52 0 326 54,710$
a Office Preparation 2 4 4 4 14 2,230$
b Establish Temporary Project Control 4 16 20 3,760$
c Private Utility Locates 0 -$
d Field Topographic Survey 8 180 188 35,640$
e Prepare Civil 3D Basemap 16 24 48 88 10,720$
f Engineer on-site Review 8 8 16 2,360$
1.3 Geotechnical Investigation 0 14 0 0 0 0 0 0 14 2,730$
a General Coordination 6 6 1,170$
d Coring of Existing Pavement 0 -$
c Enginer On-site Coordination during Coring 8 8 1,560$
1.4 50% Design 12 125 390 188 6 0 0 8 729 92,515$
a Site Conditions Review 8 8 16 2,360$
b 50% Construction Plans 4 2 6 1,150$
Cover Sheet 1 1 2 4 555$
Drawing Notes, Abbreviations and Legend 1 1 2 4 555$
Civil Site Plan 2 1 2 5 750$
Survey Control plan 2 1 4 6 13 2,090$
Construction Safety & Phasing Plan 12 40 24 76 9,460$
Construction Safety & Phasing Details 1 4 4 9 1,115$
Site Preparation / TESC Plan 2 6 16 24 3,070$
Runway 16-34 Plan & Profile 16 72 48 136 16,560$
Runway 16-34 Transverse Slope Table 8 40 16 64 7,640$
Connector Taxiways A1-A4 Plan & Profile 4 48 24 76 8,700$
Typical Sections 2 6 8 16 2,030$
Civil Details 4 8 12 24 3,140$
Marking Plan 4 16 16 36 4,460$
Marking Details 1 4 4 9 1,115$
c 50% Contract Documents 4 24 48 2 78 10,630$
d 50% Engineer's Estimate 1 8 20 4 33 4,325$
e 50% Engineer's Design Report 1 8 24 2 35 4,375$
f 90% Construction Safety & Phasing Plan (CSPP)2 16 40 2 60 7,780$
g 7460 for Stockpiles and Haul Routes 1 2 2 5 655$
1.5 90% Design 10 84 186 82 0 0 0 6 368 48,600$
a Site Conditions Review 8 8 16 2,360$
b 50% Comment Response 1 4 8 13 1,825$
c 90% Construction Plans 3 32 80 80 195 25,375$
d 90% Contract Documents 2 20 40 2 64 8,560$
e 90% Engineer's Estimate 1 4 12 2 19 2,485$
f 90% Engineer's Design Report 2 8 20 2 32 4,220$
g
Final Construction Safety and Phasing Plan
(CSPP)1 8 18 2 29 3,775$
1.6 Final PS&E Submittal 6 39 93 42 0 0 0 6 186 24,345$
a 90% Comment Response 4 4 8 1,180$
b 100% Construction Plans 2 16 40 40 2 100 12,980$
c 100% Contract Documents 2 12 32 2 48 6,200$
d 100% Engineer's Estimate 1 2 8 2 13 1,695$
e Final Engineer's Design Report 1 4 8 2 15 1,995$
f Strategic Event Form 1 1 2 295$
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
DOWL PROJECT TEAM
Subconsultant - See Below (APS)
Subconsultant - See Below (HWA Geosciences)
\\dowl.com\j\Projects\23\15001-04\10PM\10.1 Scope and Fee\EXHIBIT B - Fee Estimate - AWO Rwy 16-34 Overlay Design_2021-02-02.xlsx
Client:Arlington Municipal Airport (AWO)
Project:Runway 16-34 Overlay Date:2/3/2021
Phase:01 - Design
LABOR:
TASK Engineering Prof. Land 2-Person Survey Admin.
NO.TASK (Scope of Services)Engineer X Engineer VIII Engineer I Technician V Surveyor X Survey Crew Technician V Assistant TOTAL LABOR
245.00 195.00 100.00 130.00 180.00 190.00 90.00 85.00
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
DOWL PROJECT TEAM
1.7 Grant Assistance 0 38 34 10 0 0 0 0 38 12,110$
a FAA Grant Application 2 2 2 6 850$
b WSDOT Aviation Grant Application 4 4 4 1,700$
c Grant Management (FAA & WSDOT)24 8 5,480$
d FAA Quarterly Reports (3) & Annual Report (1)4 4 4 12 1,700$
e FAA Closeout Report & Final Payment Summary 4 16 20 2,380$
1.8 Bidding Support 2 24 36 8 0 0 0 0 58 9,810$
a Respond to Contractor Questions 2 8 8 18 2,850$
b Pre-Bid Meeting 4 4 8 1,180$
c Addenda (2)8 16 8 32 4,200$
d Bid Tabulation & Rec. of Award 4 8 12 1,580$
Labor Subtotal 35 424 777 350 46 200 52 32 1,866 268,135$
Expenses
Mileage (Engineer Site Visits - per vehicle)6 Trips @ 100 0.56$ / mile (IRS 2021 Rate)336$ Mileage (2 Survey Vehicles-Covid-19
Requirement)15 Trips @ 100 0.56$ / mile (IRS 2021 Rate)840$
Plotting / Reproductions (Submittals & Bid Docs)1,500$
Total Expenses 2,676$
Subconsultants Subconsultant Cost Markup
HWA Geosciences (Coring)15,000$ 10%16,500$
APS (Utility Locates)2,000$ 10%2,200$
Total Subconsultants 18,700$
TOTAL FEE (Phase 1 - Design)289,511$
Miles / Roundtrip x
Miles / Roundtrip x
\\dowl.com\j\Projects\23\15001-04\10PM\10.1 Scope and Fee\EXHIBIT B - Fee Estimate - AWO Rwy 16-34 Overlay Design_2021-02-02.xlsx
City of Arlington Council Agenda Bill Item: WS #5 Attachment F
Municipal Code, and authorize the Mayor to sign the ordinance.”
ORDINANCE NO. 2021-xxx 1
ORDINANCE NO. 2021-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING CHAPTER 2.120 TO THE ARLINGTON MUNICIPAL CODE RELATING TO THE ROLES AND DUTIES OF THE COMMUNITY ENGAGEMENT DIRECTOR WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, the City of Arlington has a need for a director of community engagement and related services; and WHEREAS, the City Council deems creation of the community engagement director position to be an appropriate addition to the Arlington Municipal Code; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. A new Arlington Municipal Code Chapter 2.120 is hereby created and titled “Community Engagement Director”. Chapter 2.120 – Community Engagement Director
Section 2. A new Arlington Municipal Code section 2.120.010 is hereby created to read as follows: 2.120.010 – Position created—Appointment and removal. There is created the position of community engagement director. The community engagement director shall be appointed by the mayor, subject to confirmation by the city council. The community engagement director may be removed by the mayor subject to any applicable law, ordinance, rule or regulation in force and effect at the time. Section 3. A new Arlington Municipal Code section 2.120.020 is hereby created to read as follows: 2.120.020 – Powers and duties. The community engagement director is responsible for the smooth and cost-effective operation of the city's community engagement department, including the supervision of all communications staff, the creation of a biennial budget and strategic planning for community engagement needs. The community engagement director will supervise and direct the Public Information Officer for the City of Arlington.
ORDINANCE NO. 2021-xxx 2
Section 4. A new Arlington Municipal Code section 2.120.030 is created to read as follows: 2.118.030 - Compensation. The community engagement director shall be paid such compensation as shall be established in the city budget. Section 5. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 6. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 19th day of April, 2021. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: WS #6 Attachment G COUNCIL MEETING DATE: April 12, 2021 SUBJECT: Community Engagement Director Appointment ATTACHMENTS: None DEPARTMENT OF ORIGIN Administration/Human Resources; James Trefry, Administrative Services Director 360-403-3443 EXPENDITURES REQUESTED: Position included in current 2021-2022 budget – no additional expenditure requested BUDGET CATEGORY: None BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: Request Council to confirm the Mayor’s appointment of Sarah Lopez as Community Engagement Director, per Arlington Municipal Code. HISTORY: Sarah Lopez has been employed by the City of Arlington as the Community and Economic Revitalization Manager. With this appointment Sarah Lopez will assume the full scope of duties of Community Engagement Director. Sufficient budget funding for the Community Engagement Director position is included in the adopted 2021-2022 budget. ALTERNATIVES: Remand to staff for additional information.
RECOMMENDED MOTION: Workshop; discussion only. At the April 19, 2021 Council meeting, the recommended motion will be, “I move to confirm the appointment of Sarah Lopez as Community Engagement Director.”
City of Arlington Council Agenda Bill
Item: WS #7 Attachment H
COUNCIL MEETING DATE: April 12, 2021 SUBJECT: Modification to Salary Schedule for Non-Represented Employees for 2021 ATTACHMENTS: Red-line 2021 Salary Schedule for Non-Represented Employees DEPARTMENT OF ORIGIN Administration/HR; Administrative Services Director, James Trefry 360-403-3443 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Administration and Human Resources are requesting a revision to the 2021 pay plan to add the new classifications of Community Engagement Director and Communications Specialist. Also requested are the deletion of the classifications of Community Revitalization Project Manager and Communications Manager. Public Works and Human Resources are also requesting to add the new classification of GIS Seasonal Worker. There is no requested change to the budget allocation for Administration or Public Works.
Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12
3.00%3.00%3.00%3.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%
A Seasonal Maintenance Laborers 15.00 15.50 16.00 16.50 17.00
A Finance Intern
A GIS Seasonal Worker
AA Part Time Firefighter/EMT 15.00
B 4,004 4,124 4,248 4,375 4,506 4,596 4,688 4,782 4,878 4,975 5,075 5,176
48,045 49,487 50,971 52,500 54,075 55,157 56,260 57,385 58,533 59,703 60,898 62,115
G Communications Specialist 5,312 5,471 5,635 5,805 5,979 6,098 6,220 6,345 6,472 6,601 6,733 6,868
G Deputy Clerk 63,744 65,656 67,626 69,655 71,744 73,179 74,643 76,135 77,658 79,211 80,796 82,411
G Executive Analyst
H 5,737 5,909 6,086 6,269 6,457 6,586 6,718 6,852 6,989 7,129 7,272 7,417
68,843 70,909 73,036 75,227 77,484 79,033 80,614 82,226 83,871 85,548 87,259 89,004
I City Clerk/Executive Assistant 6,196 6,382 6,573 6,770 6,974 7,113 7,255 7,400 7,548 7,699 7,853 8,010
I Communications Mgr 74,351 76,581 78,879 81,245 83,682 85,356 87,063 88,804 90,581 92,392 94,240 96,125
I Finance Accountant
I PW Accountant
J Community Revitalization Project Manager 6,692 6,892 7,099 7,312 7,531 7,682 7,836 7,992 8,152 8,315 8,482 8,651
J Finance Supervisor 80,299 82,708 85,189 87,745 90,377 92,185 94,028 95,909 97,827 99,783 101,779 103,815
J GIS Manager
J M&O Supervisor
K Police Services Manager 7,227 7,444 7,667 7,897 8,134 8,297 8,463 8,632 8,804 8,981 9,160 9,343
K Airport Operations Manager 86,723 89,324 92,004 94,764 97,607 99,559 101,550 103,581 105,653 107,766 109,921 112,120
K Water Utility Supervisor
K WW Utility Supervisor
L Assistant Finance Director 7,805 8,039 8,280 8,529 8,785 8,960 9,140 9,322 9,509 9,699 9,893 10,091
L M&O Manager 93,660 96,470 99,364 102,345 105,416 107,524 109,675 111,868 114,105 116,387 118,715 121,090
L Building Official
L Development Services Manager
L Natural Resources/ SW Manager
L Utilities Manager
M Community Engagement Director 8,429 8,682 8,943 9,211 9,487 9,677 9,871 10,068 10,269 10,475 10,684 10,898
101,153 104,188 107,314 110,533 113,849 116,126 118,448 120,817 123,234 125,698 128,212 130,777
N City Engineer 8,935 9,203 9,479 9,764 10,057 10,258 10,463 10,672 10,886 11,103 11,325 11,552
N IT Manager 107,223 110,439 113,752 117,165 120,680 123,094 125,555 128,066 130,628 133,240 135,905 138,623
N Permit Center Manager
2021 Non-Represented Employees
Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12
3.00%3.00%3.00%3.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%
O Deputy Fire Chief 10,325 10,634 10,953 11,282 11,620 11,853 12,090 12,332 12,578 12,830 13,087 13,348
O Deputy Police Chief 123,896 127,613 131,441 135,384 139,446 142,235 145,079 147,981 150,940 153,959 157,038 160,179
O Information Technology Director
O Human Resources Director
P Airport Director 10,841 11,166 11,501 11,846 12,201 12,446 12,694 12,948 13,207 13,471 13,741 14,016
P Administrative Services Director 130,090 133,993 138,013 142,153 146,418 149,346 152,333 155,380 158,487 161,657 164,890 168,188
Q CED Director 11,383 11,724 12,076 12,438 12,812 13,068 13,329 13,596 13,868 14,145 14,428 14,716
Q Public Works Director 136,595 140,693 144,914 149,261 153,739 156,814 159,950 163,149 166,412 169,740 173,135 176,598
Q Finance Director
R Fire Chief 11,901 12,258 12,626 13,004 13,394 13,662 13,936 14,214 14,499 14,789 15,084 15,386
R Police Chief 142,810 147,094 151,507 156,052 160,734 163,949 167,228 170,572 173,984 177,463 181,013 184,633
S City Administrator 13,448 13,851 14,267 14,695 15,136 15,438 15,747 16,062 16,383 16,711 17,045 17,386
161,375 166,217 171,203 176,339 181,629 185,262 188,967 192,746 196,601 200,533 204,544 208,635