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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
PROCLAMATIONS
Volunteer Appreciation Week ATTACHMENT A
Mayor Barb Tolbert
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Jesica Stickles
1. Minutes of the March 29 Joint Meeting, April 5 and April 12 ATTACHMENT B
Council meetings, and April 10, 2021 Council retreat
2. Accounts Payable
Approval of EFT Payments and Claims Checks #102513 through #102631
dated April 6, 2021 through April 19, 2021 for $1,910,162.59; and Approval of
Payroll EFT Payments and Checks #30074 through #30080 dated March 1, 2021
through March 31, 2021 for $1,534,321.15
3. Resolution Declaring Certain Property as Surplus ATTACHMENT C
4. Professional Services Agreement for Design and Construction ATTACHMENT D
With DOWL Engineering
Arlington City Council Meeting
Monday, April 19, 2021 at 7:00 pm
City Council Chambers – 110 E Third Street
PUBLIC HEARING
NEW BUSINESS
1. Ordinance Amending Chapter 9.40 of the Arlington Municipal Code ATTACHMENT E
and Criminalizing the Possession of a Controlled Substance
without a Prescription
Staff Presentation: Jonathan Ventura
Council Liaison: Councilmember Marilyn Oertle
2. Resolution Approving the Change of Indirect Control of a Franchisee ATTACHMENT F
Staff Presentation: Steve Peiffle
Council Liaison: Mayor Pro Tem Jesica Stickles
3. Ordinance Adding Community Engagement Director to Title 2 of the ATTACHMENT G
Arlington Municipal Code
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jesica Stickles
4. Appointment of Community Engagement Director ATTACHMENT H
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jesica Stickles
5. Modification to Salary Schedule for Non-Represented Employees for 2021 ATTACHMENT I
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jesica Stickles
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert
Proclamation
WHEREAS, National Volunteer Week is an opportunity to recognize and honor the countless individuals who selflessly invest in the lives of others; and
WHEREAS, we have never needed the volunteerism of America more than we do today; and
WHEREAS, volunteers are finding unique and innovative ways to spread joy and meet the emotional, physical, and spiritual needs of others, even while adhering to social distancing measures; and
WHEREAS, volunteering one's time, talents and resources has been an integral part of our heritage since the early days of our nation, and it is essential that we continue this tradition of giving and sharing to preserve and improve the quality of life for all citizens in our community; and
WHEREAS, the receiver is not the only one who benefits from volunteer service, for the giver reaps the rewards of improved skills and widened horizons as well; and
WHEREAS, each year, a special week is designated in our nation for the dual purpose of recognizing those who give of themselves and of encouraging all citizens to become involved in volunteer work; and it is fitting at this time that we say "thank you" to all individuals, groups, and businesses who have given time, energy, and resources to their communities through volunteer service.
NOW, THEREFORE I, Barbara Tolbert, Mayor of Arlington, proclaim April 18 through 24, 2021 to be:
National Volunteer Week in the City of Arlington, and encourage all citizens to recognize the crucial role played by volunteers every day throughout our community.
Barbara Tolbert, Mayor
Special Joint Meeting Minutes
Arlington City Council
Arlington Pu blic Schools Board of Directors
Skagit Regional Health (PHD#1, Skagit County) Board of Commissioners
Stilly Valley Health (PHD#3, Snohomish County) Board of Commissioners
Monday March 29th, 2021
Conducted in Zoom format and streamed on the City of Arlington’s YouTube channel.
Arlington City Council, Arlington Public Schools Board of Directors, Skagit Regional Health (PHD#1, Skagit
County) Board of Commissioners, Stilly Valley Health (PHD #3, Snohomish County) Board of Commissioners
held a joint meeting via Zoom to discuss matters of mutual interest.
In Attendance:
City Of Arlington
Council Members: Jesica Stickles, Don Vanney, Debora Nelson, Michele Blythe, Marilyn Oertle, Mike
Hopson, and Jan Schuette
Mayor: Barb Tolbert
City Administrator: Paul Ellis
City Attorney: Steve Peiffle
Communications Manager: Sarah Lopez
Arlington Public Schools
Board members: Michael Ray, Judy Fay, Mary Levesque, Marc Rosson
Superintendent: Dr. Chrys Sweeting
Director of Communications: Gary Sabol
Executive Director of Operations: Brian Lewis
Skagit Regional Health
Commissioners: Julie Blazek, Peter Browning, Bruce Lisser, Dr. Jeffrey Miller, Dale Ragan, Gary
Shand
Regional VP of Operations: Jola Barnett
Director of Marketing and Communications: Kari Ranten
President and CEO: Brian Ivie
Regional VP and COO: Danny Vera
Stilly Valley Health Connections
Commissioners: Tim Cavanagh, Tina Davis
Superintendent/CEO: Ardis Schmiege
Director of Finance: Erika Coghill
Call to Order
Skagit Regional Health hosted the meeting. Jola Barnett called the meeting to order at 6:31 pm and the
Pledge of Allegiance followed.
Approval of the Agenda
Commissioner Gary Shand moved to approve the agenda as presented. Bruce Lisser seconded the motion,
which passed unanimously by voice vote. Roll call followed.
Working Together
Communication representatives from each agency, Kari Ranten, Gary Sabol, Erika Coghill and Sarah Lopez,
presented a PowerPoint to share their combined success, as a result of this collaboration. They shared the
four agencies working together to navigate through the pandemic. Their focus of developing relationships,
and sharing current factual information, while coordinating messaging of pivotal information and resources,
held great value and was of benefit to the whole community. Moving forward this group will continue to
meet monthly, and include a representative from the Snohomish Health District, to track and communicate
vaccine and other COVID-19 information.
Group Updates:
Arlington Public Schools : Dr. Chrys Sweeting shared a PowerPoint reviewing the Arlington School
District’s responses to Covid-19 and how it has gradually brought all grades back, step by step, into the
hybrid model following all safety protocols. The district is currently on step five, out of its six step plan.
Plans moving forward include: Advancing Academics & Well-Being – Student Recovery Plan, Graduation
Activities – Waiver of Certain Graduation Requirements, Summer School Programs and Advancing
Programs, and planning toward next fall. Dr. Sweeting shared her thanks to the generous community
partners: Arlington Community Food Bank, Stilly Valley Health Connections, Skagit Regional Health,
Snohomish Health District, City of Arlington, Stillaguamish Tribe, Snoh. Co. Dept. of Emergency
Management. Dr. Sweeting noted that academic grades have been challenging. She also shared that there
have been 68 positive Covid cases in the district since March 2020, but with the protocols in place, the
spread has been contained to one probably school-exposure case. Some plans for summer school programs
include Literacy Camp, Book-Mobile, and Math-Mobile.
City Of Arlington: Paul Ellis shared a PowerPoint reflecting on the many ways the City responded to the
effects of the pandemic, including financial support. Business Support included: Rent Relief grants totaling
$349,360 for 109 businesses. Utility payment grants to businesses, totaling $5600. Established Economic
Recovery committee, WSU assistance, Stilly Valley Chamber partnerships, and Shop Local Arlington online
website. Restaurant support included outdoor dining areas, website and brochures, right of way permits,
and communicated programs and assistance to businesses. Community Organizations and Family Support
included a mask mailer to every resident in the City, and approximately 37,000 handmade masks distributed
at food bank. $25,000 to Food Bank for expanded service. $150,000 to Arlington Community Resource
Center serving 3,393 families. City utility credits for 96 households. $40,000 to Boys and Girls Club –to
increase capacity for child care from 90 to 200 youth. Established Snohomish County Job Portal.
Skagit Regional Health: Jola Barnett shared a PowerPoint highlighting the recovery efforts, vaccination
activities and growth of the organization. SRH has now begun the demobilization planning as they move
toward recovery efforts. One year of the pandemic has created hundreds of new policies, procedures and
workflows to deal with COVID related issues. Meetings with medical advisors, leaders and other expert
stakeholders are taking place to determine the triggers or targets at which point certain activities can
change. As COVID infection rates continue to decrease in our community, any change in operations will be
made with an abundance of caution. The current experience of COVID cases at both hospitals is quite low
compared to last summer and particularly over the winter. 76% of the medical staff received Covid
vaccinations. Two vaccine clinic locations have given about 34,000 doses total. COVID-19 has had a higher
impact on the BIPOC population and a lower rate of vaccination availability. SRH has used data from the
state and MyChart to help identify patients who are vulnerable, based on Zip Code, income, language, age
and chronic disease, and extending invitations to them to receive vaccine. Last weekend the SRH
Leadership helped participate in a vaccination clinic in collaboration with several churches to reach an
underserved minority group. Since Feb. 1, vaccines given to the BIPOC population has increased from 13.7
percent to 35.4 percent as a result of this equity work. Growth and Access focus is continuing to improve
primary care access in the north Snohomish county region. In November 2020, operations expanded in the
Family Medicine practice in Smokey Point, and recruited 7 new providers to support that location. SRH has
recruited new practitioners for Arlington Family Medicine, Darrington Family Medicine and the Stanwood
and Camano clinics. SRH staff are resilient as they move into the next phase of the pandemic response. The
focus is on the safety of patients, staff and community. There are numerous activities to perform to adhere
to changing CDC and DOH guidelines and the “new normal” is constantly evolving. The Board and
Executive leaders are firmly committed to future growth to serve the needs of the greater Arlington
community as part of the Skagit Regional Health family. The community partnerships are invaluable on this
journey, and Jola took a moment to thank all for being with each other every step of the way.
Stilly Valley Health Connections: Ardis Schmiege reported most of programs and community
presentations were in person until the pandemic hit, and were stopped with the exception of the school
counseling programs. The school counseling program shifted to counseling the students via teleheath, with
the exception of Darrington which was either via telehealth or via phone. The major focus in 2020 was to
complete the renovation and move into their new building in Smokey Point. Hopefully in Phase 3, they will
be able to bring some services back in small groups and activities. Most partners are now better able to
provide classes and educational activates online. They have held some cooking and nutritional classes.
Presentations this spring also included a diabetes living well class in collaboration with Verdant and Hospice
educational services online. With schools back in session, the counselors have been able to come back to
seeing students face to face and it has made a tremendous difference. They are looking at expanding
mental health services for suicide prevention, including providing training for families and the community.
They are presenting a Zoom presentation, “Ending the Silence”, on April 14th in partnership with King
County NAMI (National Alliance on Mental Illness). This presentation focuses on signs and symptoms and
early warning signs of youth mental health issues. Register on their website, www.stillyvalleyhealth.org.
They will be looking at opening the new building to the community, bringing back their educational series
and support groups in person, and celebrating with an open house as soon as allowed.
Activity
Paul Ellis, Chrys Sweeting, Jola Barnett, Ardis Schmiege, Gary Sabol, and Brian Lewis led participants in
breakout discussions for about 10 minutes. The focus was on three questions:
What would we like to see in the future? What lessons did we learn that we can make improvements on?
Where do we go from here? After the breakout session, the group rejoined and each facilitator shared the
highlights from their group. Common ideas included: continue to collaborate and coordinate
communication and messaging between the different entities, look at growth, emergency preparedness and
management, focus on equity and cultural responsiveness, mental health, encourage outdoor activities,
public engagement, look at increased access to the internet.
General Announcements:
Jola Barnett appreciated the attendance and the flexibility of the attendees to stay a little longer.
The next meeting will be November 29, 2021, hosted by Arlington Public Schools.
Adjournment
With no further business to come before the group, the meeting was adjourned at 7:42pm
DRAFT
Page 1 of 3
Monday, April 5, 2021
Councilmembers Present: Mike Hopson, Michele Blythe, Jan Schuette, Marilyn Oertle, Jesica Stickles, Debora Nelson, and Don Vanney.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Tony Orr, Marc Hayes, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Twelve YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS Councilmember Marilyn Oertle read the Arbor Day proclamation.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the March 15 and March 22, 2021 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #102399 through #102512 dated March 16, 2021 through April 5, 2021 for $1,202,460.40 3. Budget Amendment Request for Network Assessment from Right Systems, Inc. 4. Sole Source Resolution for the Procurement and Servicing of Cla-Val Pressure Reducing Valves 5. Resolution to Support the WRIA 7 Watershed Restoration and Enhancement Plan
Minutes of the Arlington
City Council Zoom Meeting
Minutes of the City of Arlington City Council Meeting April 5, 2021
Page 2 of 3
PUBLIC HEARING
Resolution to Adopt the Housing Action Plan Community and Economic Development Director Marc Hayes reviewed the Housing Action Plan (HAP) resolution. The public hearing was opened at 7:06 p.m. With no one from the public wishing to speak, the public hearing portion was closed at 7:06 p.m. Council questions were opened at 7:07 p.m. After comments from the Council, the public hearing was closed at 7:08 p.m. Mayor Pro Tem Jesica Stickles moved and Councilmember Mike Hopson seconded the motion to adopt the Housing Action Plan and related resolution, and authorized the Mayor to sign the resolution. The motion passed unanimously.
NEW BUSINESS
Resolutions Authorizing Applications for Federal Project Grant Funding City Administrator Paul Ellis requested Council approve Resolutions 2021-009 through 2021-018 authorizing applications for Federal Project grant funding. Discussion followed with Mr. Ellis answering Council questions. Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion to approve Resolution Numbers 2021-009 through 2021-018, in support of transportation and park projects to be submitted for federal community project funding, and authorize the Mayor to sign the resolutions, and authorize staff to submit all documents required to make application. The motion passed unanimously.
Resolution Appointing Elected Officials to the Regional Fire Authority Transition
Board City Administrator Paul Ellis requested Council approve a resolution appointing elected officials to the Regional Fire Authority Transition Board. The Service Plan calls for the appointment, by the City Council, of three elected officials to serve on the Transitional Board of the North County Regional Fire Authority (NCRFA) as Positions 7, 8 & 9, until commissioner districts are selected and elections can be held. Discussion followed. Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion to appoint Mayor Barbara Tolbert to Position #7, City Councilmember Debora Nelson to Position #8, and City Councilmember Marilyn Oertle to Position #9, to serve on the NCRFA Transitional Board until December 31, 2023. The motion passed 5-2, with Councilmembers Mike Hopson and Michele Blythe voting no.
Parks, Arts, and Recreation Commission Appointment City Administrator Paul Ellis requested Council consent to the reappointment of Jennifer Harrington to the Park, Arts and Recreation Commission. Councilmember Marilyn Oertle moved and Jesica Stickles seconded the motion to consent to the reappointment of Jennifer Harrington to the Park, Arts and Recreation Commission. The motion passed unanimously.
Minutes of the City of Arlington City Council Meeting April 5, 2021
Page 3 of 3
COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette, who is on the Transportation Policy Board of Puget Sound Regional Council, provided an update.
ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis reminded Council about the upcoming retreat in Council Chambers, Saturday, at 8 am. He hopes to have an agenda to Council Tuesday or Wednesday.
MAYOR’S REPORT Mayor Tolbert spoke about the senate detailed list for the Senate Transportation package which came out today. Arlington’s SR-530 roundabout, at $4.9 million, is on both the Senate and the House list. If the transportation funding mechanism passes, that works will begin next year. She also praised Public Works Director Jim Kelly and staff, Stillaguamish Tribe of Indians, and Snohomish County for having the design work so far along. Mayor Tolbert also stated that Arlington has been recommended for full funding for the capital project request for completion of the Innovation Center for $372,000. And the City’s request for the mobile integrated mental health social workers to City of Arlington is in the senate appropriations budget for a two-year pilot project.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:40 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 11
Council Chambers 110 East Third Street Saturday, April 10, 2021
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Jesica Stickles and Michele Blythe.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Sarah Lopez, Kristin Garcia, Bryan Terry, Jim Kelly, Dave Kraski, Marc Hayes, Dave Ryan, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Heather Logan
City Attorney / Facilitator Steve Peiffle, began the retreat with an overview and process explanation. At his request, each councilmember stated their expectations of the retreat. Mr. Peiffle introduced City Administrator Paul Ellis. Mr. Ellis stated that a shooting occurred early this morning, and distributed a press release.
AGENDA ITEMS FROM POWERPOINT PRESENTATION – NO ACTION WAS TAKEN
Strategic Priorities and Objectives City Administrator Paul Ellis reviewed the City’s priorities and objectives, which outlines each department’s projects and status of their completion. Discussion followed with Mr. Ellis answering Council questions.
2022 Budget Modifications Finance Director Kristin Garcia reviewed 2022 Budget Modifications and Revenue Assumptions from the General Fund.
2022 Budget Modifications – Revenue Assumptions Modified revenue reduction = $2.3 million
• Property tax levy reduction to $.75
• 2021 levy rate is $1.34
• 2022 revenues projected to be $2.6 million from $4.4 million
• Fire related grants/donations
• Removed EMS contribution toward debt service
• Fee for service revenue reductions
• EMS - accounting/admin cost allocation
• Fire services to the Airport
City Council Retreat
Minutes of the City of Arlington City Council Retreat April 10, 2021
Page 2 of 11
2022 Budget Modifications – Revenue Assumptions 2022 2022 Adopted Budget Modified Budget Taxes 14,439,914 12,652,564 Licenses/Permits 303,552 303,552 Intergovernmental 618,725 593,725 Charges for Services 1,956,239 1,577,591 Fines/Forfeits 172,900 172,900 Miscellaneous 81,550 80,450 Transfers 1,159,782 1,004,900 Total 18,732,662 16,385,682
2022 Budget Modifications – Expense Assumptions Modified expense reduction = $2.1 million • Reinstate 2 unfilled positions • Communications • M&O • Removed fire department budget • Increase in police department costs • Jail costs • Dispatch services 2022 Budget Modifications – Expense Assumptions 2022 2022 Adopted Budget Modified Budget Legislative 213,394 213,394 Executive 1,241,509 1,334,009 Memberships 132,200 132,200 Finance 1,244,154 1,244,154 Legal 85,000 85,000 Personnel 255,098 255,098 Information Tech. 524,531 524,531 Police 8,298,322 8,665,748 Fire 2,652,862 0 Other/Misc. 114,472 114,472 CED 1,949,280 1,949,280 Debt 1,201,192 1,201,192 Transfers 1,877,551 1,957,551 Total 19,789,565 17,676,629
2022 Budget Modifications
Summary
• Revenue reduction of $2.3 million
• Expense reduction of $2.1 million
• Fund balance maintained at approximately 1.5 months of operating expenses
Minutes of the City of Arlington City Council Retreat April 10, 2021
Page 3 of 11
• Ending fund balance original 2022 budget = $2.33 million
• Ending fund balance modified 2022 budget = $2.10 million Discussion followed with Ms. Garcia answering Council questions.
Fire Annexation – Review of Financial Obligations Finance Director Kristin Garcia reviewed the Fire Annexation financial obligations.
Fire Annexation Revenue Summary
• The ambulance utility fee will end 8/1/2021
• August through December 2021 = $641,000
• Arlington EMS levy will end on 1/1/2022
• 2022 Arlington EMS levy is $1,050,509 and is replaced with NCRFA EMS Levy
• All transport revenues, district contracts and GEMT revenues will be collected for services up to 7/31/2021
• Arlington general property tax levy will be reduced in 2022
Summary of Financial Obligations
• 2021 August – December remaining Fire/EMS budgets
• Paid the second Monday of each month
• Rough estimate $550,000 per month
• Employee leave
• Calculate balances as of 7/31/2021
• Paid by 12/31/2021
• Currently about $500,000
• Reserve contribution
• Paid by 5/31/2022
• $1,000,000
Sales Tax Information Finance Director Kristin Garcia reviewed the Fire Annexation financial obligations.
• Sales Tax Overview Total sales tax revenues grew by 70% or $2,613,391 comparing 2015 to 2020
Minutes of the City of Arlington City Council Retreat April 10, 2021
Page 4 of 11
• Sales Tax Overview Of the 70% overall growth in revenue between 2015 and 2020, retail sales tax represented 47% of the growth and construction sales tax represented 37% of the growth.
YEAR RETAIL CONSTRUCTION
2015 2,018,412 352,800
2016 2,175,842 498,757
2017 2,335,849 565,934
2018 2,659,849 549,203
2019 2,908,740 1,190,165
2020 3,254,139 1,329,224
$ Change 1,235,727 976,425
• Sales Tax Overview The remaining 16% of overall growth in sales tax revenues came from the following categories combined.
YEAR Manufacturing *Services Wholesale Other**
2015 95,156 898,093 242,432 142,318
2016 83,258 880,932 270,013 154,710
2017 105,237 932,457 302,347 106,509
2018 133,786 1,037,950 313,515 165,565
2019 120,287 1,138,148 336,584 188,739
2020 95,337 1,152,465 336,960 194,476
$ Change 180 254,373 94,528 52,158* Cascade Industrial Center (CIC) will increase this over time * Other is wireless/cable/phone companies, agriculture and transportation
• 2020 Lodging Tax Grant Carry Over
• Grants awarded in 2020 were allowed to carryover unspent funds to be applied toward the event in 2021
• Of the 15 grant awards, 4 are complete the rest requested unspent funds be carried over
• If all events with unspent funds occur in 2021, the expected grant carryover to be paid out is $110,000
• What if the event isn’t held in 2021?
Minutes of the City of Arlington City Council Retreat April 10, 2021
Page 5 of 11
• Carryover unspent portion into 2022?
• Grantee will need to reapply in 2022 as a new grant? Staff Recommendation: Applicants reapply for new grant 2022. Discussion followed with Ms. Garcia answering Council questions.
American Rescue Plan Mayor Tolbert reviewed the American Rescue Plan.
• Expected Timing of Payments
• Distribution will be through the State
• Expected distribution between $3.7 - $4.4 million
• Unknown if payments will be “lump sum” or reimbursement based
• If lump sum, distributions expected in two installments
• First installment by June 9th
• Second installment twelve months after first payment *Guidance from MRSC as of 3/17/2021; waiting official guidance from Treasury
• Qualifying Expenses
• Funds available for qualifying expenses through 12/31/2024
• Qualifying expenses;
• Respond to public health emergency caused by COVID-19
• Provide economic assistance to households, small businesses and nonprofits impacted by COVID-19
• To aid impacted industries such as tourism, travel and hospitality
• Hazard pay
• Revenue recapture for providing government services (lost revenue)
• Investments in water, sewer or broadband *Guidance from MRSC as of 3/17/2021; waiting official guidance from Treasury.
• Human Services American Rescue Plan Funds
o Regional Approach- Snohomish County to local level
o Flexibility for agencies
o Research greatest needs
Mental Health
Mortgage assistance
Build resiliency into money going out/ wrap-around services
o Businesses
o Community members
North County Human Services Providers Group
• Needs Assessment: Mental Health Services
• Few mental health providers
• Difficulty finding appointments (especially for youth)
Minutes of the City of Arlington City Council Retreat April 10, 2021
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• Group will now be managed by Volunteers of America – Lynsey Gagnon
• Monthly Meetings going forward
Mental Health Social Worker Program
• 2 year pilot program
• State funded
• Social worker with paid interns
• Referrals from city departments (fire, police, code enforcement) of citizens who have need for services
Discussion followed with Mayor Tolbert answering Council questions.
Parks and Recreation Master Plan Update City Administrator Paul Ellis reviewed the Parks and Recreation Master Plan Update.
• Current in-house plan needs update (2016-2023)
• Requesting professional guidance with consultant, estimated at $100,000-$150,000 (including review of park mitigation fees)
• 5 year to 20 year plan (short and long range)
• Strategy for funding of Parks and Recreation
• Review level of service (location, type and amount of park facilities
Parks Funding Sources
• LTGO bonds: Limited tax general obligation (LTGO) bonds, issued by vote of council. General fund revenues must be pledged to pay the debt.
• Park impact fees: Must be used for publicly owned parks, open space and recreation facilities addressed in the Comp Plan. Fees charged to new housing.
• RCO grants: WA Recreation & Conservation Office grants, generally every other year, and matching funds required.
• REET 1: Real estate excise taxes (REET), City tax for capital projects and limited maintenance.
Park Impact/Mitigation Fees
• Used for publicly owned parks, opens space and recreation facilities
• Address in capital facilities element of Comprehensive Plan
• Identify deficiencies in public facilities serving existing development and means to eliminate deficiencies
• Identify demands placed on the existing facilities by new development
• Identify need for additional facilities/ improvements
• Charged to residential construction
• Can be also charged to commercial or industrial developments, employees can directly benefit from nearby parks and recreation facilities
Minutes of the City of Arlington City Council Retreat April 10, 2021
Page 7 of 11
Opportunity for Impact / Mitigation Funds
• Update Fees
• Include Commercial Park Impact/Mitigation Fee
Discussion followed with Mr. Ellis answering Council questions. Council agreed that staff move forward with the Parks and Recreation Master Plan update.
Community Park at Smokey Point Community and Economic Development Director reviewed a potential community park at Smokey Point.
Potential Community Park/Civic Space along Smokey Point Blvd
Park Acquisition – Option 1: $2.9 million Knutson property 3.56 acres
• Adequate space for community park/civic space
• Could be subdivided to allow for re-sale of a portion of the property
Minutes of the City of Arlington City Council Retreat April 10, 2021
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• Single family residence on property which could provide income until the site is developed
• 220 feet of frontage along Smokey Point Blvd requiring parking on site
• Payment options lump sum or financing over 20 years at 5% interest $1.7 million park mitigation funds $1.2 million other funding An additional $2 million for park development
Park Acquisition – Option 2: $1.2 million Christian Missionary Alliance Church property 2.23 acres
• Approximately 680 frontage along Smokey Point Blvd allowing for street parking
• Abundant parking and accessibility without loss of usable onsite area
• Width could limit its ability creating a shallow, more linear design
• Payment lump sum $1.2 million park mitigation funds An additional $2 million for park development
Park Acquisition – Option 3: $2.3 million Combination of Option 1 and Option 2
• All of church property 2.23 acres and half of Knutson property 1.78 acres
• Provides more visibility and street frontage than the church property
• With the addition of the Knutson property it will allow a wider parcel to increase site functionality
• Adequate room for future amenities $1.7 million park mitigation funds $600,000 other funding An additional $2 million for park development Discussion followed regarding funding, First Right of Refusal offer(s), a tie into the Parks and Recreation master plan, and a maintenance plan, with Mr. Hayes answering Council questions. Council agreed that Mr. Hayes would continue negotiations on park property.
Facilities City Administrator Paul Ellis reviewed Facilities.
Facilities – M & O / Police Impound
• Completed structural engineers review of the compost facility (proposed location).
• Completed programing and needs assessment in DRAFT.
• Next step, complete design and project cost estimate.
• Next step, complete bid documents, select contractor and construct.
• Complete in 2022.
Facilities – Maintenance Projects
• Security system improvements City Hall.
• Carpet replacement, Police Station and portions of City Hall.
• Window replacement schedule City Hall.
• Next steps, cost estimate to City Council.
Minutes of the City of Arlington City Council Retreat April 10, 2021
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Facilities – Library
• Currently Library facility is owned by COA and operated by Sno-Isle.
• Operations is funded by a Sno-Isle max $.50/1000 property tax residential.
• Facility Maintenance is funded from COA General Fund.
• Estimated $200,000 in repairs needed prior to re-opening.
• Other Deferred Maintenance.
• Maintenance responsibilities
• City responsibilities?
• Sno-Isle responsibilities?
• Shared responsibilities?
• Transfer all responsibilities to Sno-Isle? Discussion followed with Mr. Ellis answering Council questions. Council agreed that staff move forward. City Attorney Steve Peiffle stated an ordinance would require approval to repeal AMC 2.62, which created the Library Board.
Airport Development Plan Airport Director Dave Ryan reviewed a proposed Airport Development Plan.
Request: To develop a plan for the organized growth of all airport properties
• Very large and complex effort that will require the services of a professional development consultant
• Plan will be consistent with the City’s Comprehensive Plan Update and the Airport Master Plan Update
• Chart a detailed course for the future growth of the airport
• Planning Window: 10 years
• Planning Elements: Infrastructure – water, sewer, roadways, electrical, natural gas, stormwater, communications (telephone/fiber/wireless)
• Collaborative Effort: Airport, Public Works, Community & Economic Development, and IT departments.
• Budget: Airport Professional Services (consultant)
Need:
• Similar to developing the City’s “Focus Areas” in previous Council Workshops and retreats, an Airport Development Plan will focus on what infrastructure is there, what is not and what is the best way to move forward in developing this infrastructure.
• We’ve made major changes to the airport owned properties over the last seven years.
• Many new developments on airport property or by private investment.
• An Airport Development Plan will also help identify areas to ensure the “highest and best” use for any particular property.
• As Snohomish County continues to grow at a very fast pace, our development plan will help us make decisions on which areas to develop first, when to develop other areas, and how to budget Airport and City resources to meet these requirements.
Minutes of the City of Arlington City Council Retreat April 10, 2021
Page 10 of 11
• Additionally, an Airport Development Plan will assist us in “dove-tailing” the upcoming Airport Master Plan Update with the City’s Comprehensive Plan Update.
Discussion followed with Mr. Ryan answering Council questions. Council agreed that staff move forward.
Council Meetings and Workshops Currently
• Currently 2 Business Meetings and 2 Workshops per month.
• Fifth Monday used for joint meeting.
• Items Discussion
• Reduce Workshops to one.
• Convert second Workshop to Strategic Planning Meeting.
• Larger block of time for discussing larger items.
• Smaller and routine items go directly to Business Meeting. Discussion followed with Mr. Ellis answering Council questions. Council agreed for staff to move forward. The new schedule will take place in September after the summer break.
Fireworks Communication and Emphasis Patrol
Communication Community Revitalization and Communications Manager Sarah Lopez reviewed how the City will manage Communications regarding the ban on fireworks in the City limits, which will begin in July 2021.
• Statement from City- Arlington Update May
• E-newsletter and website and TV21
• Statement on utility bills
• Social Media sites and Facebook groups
• Homeowners Associations
• Press Release
• Electronic Reader Boards
Promote City’s Firework Display event
Emphasis Patrol July 4, 2021 City Administrator Paul Ellis reviewed how the police department will manage patrol.
• Supervisor 6pm to 2am
• Four Patrol Details 6pm to 2am
• All 911 firework calls routed to supervisor.
Analysis Firework related calls to Marysville increased by 188% first year of the ban.
• Arlington could go from 20 firework calls to 40 calls on July 4, 2021.
Minutes of the City of Arlington City Council Retreat April 10, 2021
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Blue Line / Red Line Flags City Administrator Paul Ellis distributed memos he received from Police Chief Jonathan Ventura and from Fire Chief Dave Kraski, regarding the display of Blue Line and Red Line flags. In each memo, the Chiefs’ recommendation stated that ownership should be transferred to a local community support group. Discussion followed with Mr. Ellis answering Council questions. There was a recommendation for banners to be displayed across Olympic Avenue to recognize public service weeks.
Parking Lot, Wrap up and Further Action Plans
The possibility of hiring an employee in the future to implement the Housing Action Plan was discussed. Amazon and the City issued press releases regarding Amazon’s move to Arlington for construction of a distribution center. Mr. Ellis indicated that a statement with talking points will be provided to staff and councilmembers that will also include the status of widening 172nd Street.
The topic of problems in parts of the country regarding police force was brought up. Mayor Tolbert recommended the City wait until after legislature, to see if any state laws change.
ADJOURNMENT The Council Retreat was adjourned at 2:44 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 4
April 12, 2021
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Jesica Stickles and Michele Blythe.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Debbie Strotz, Jonathan Ventura, Monroe Whitman, Lorene Robinson, Marty Wray, City Attorney Steve Peiffle, Tony Orr and Ashleigh Scott.
Also Known to be Present: Fran Gatica, Nicole Wilson, and 16 YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WITH PROCLAMATION Fran Gatica, Community Engagement Specialist, and Nicole Wilson, Community Engagement Coordinator from Dawson Place with Child Abuse Prevention Month Proclamation. Nicole Wilson and Fran Gatica reviewed the services Dawson Place has to offer for children and families, along with information regarding in-person tours and upcoming events to spread the word to help our communities.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Ordinance Amending Chapter 9.40 of the Arlington Municipal Code and Criminalizing
the Possession of a Controlled Substance without a Prescription City Administrator Paul Ellis reviewed the Ordinance amending Chapter 9.40 of the Arlington Municipal Code and criminalizing the possession of a controlled substance without a prescription. Discussion followed with City Administrator Paul Ellis, City Attorney Steve Peiffle, and Police Chief Jonathan Ventura answering Council questions.
Resolution Approving the Change of Indirect Control of a Franchisee City Attorney Steve Peiffle reviewed the Resolution of the City of Arlington, Washington, approving the change to indirect control of a Franchisee.
Minutes of the Arlington
City Council Zoom Workshop
Minutes of the City of Arlington City Council Workshop_______ _April 12, 2021
Page 2 of 4
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. Staff and City Attorney have reviewed their confidential financial information and have no concerns about the transfer of ownership impacting the franchise operations. Discussion followed with City Attorney Steve Peiffle answering Council questions. Councilmember Jan Schuette has requested more information about Astound Broadband and their services. Mr. Peiffle will invite Astound Broadband to the next Council meeting for further questions.
Resolution Declaring Certain Property as Surplus Procurement and Contracts Analyst Debbie Strotz reviewed a Resolution declaring property as surplus. The City would like to declare surplus of two (2) Community and Economic Development vehicles as described in Exhibit A. Council approved budget amendments 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. 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. Discussion followed with Ms. Strotz answering Council questions.
Professional Services Agreement for Design and Construction with DOWL Engineering Airport Operations Manager Marty Wray reviewed a design professional services agreement with DOWL Engineering for the Runway 16/34 mill and overlay project. Professional services agreement with DOWL Engineering (Current contracted on-call engineer for the City of Arlington Airport) for the Runway 16/34 mill and overlay project – design services. The project will involve the design of a 2-inch mill and overlay of Runway 16/34 and taxiway connectors. Rehabilitation of Runway 16/34 will maintain the structural integrity of the pavement to safely support current and future operations. A mill and overlay of Runway 16/34 will ensure continued sustainability of the airport. Runway 16/34 is the airport’s primary runway and had a pavement condition index (PCI) rating of 77 in 2020. The runway was last overlayed in 1994 and per the WSDOT Placement Maintenance Program an overlay is 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. The construction of the Runway 16/34 mill and overlay project is a scheduled project, which is anticipated to begin in 2022 under a future FAA grant. Discussion followed with Airport Operations Manager Marty Wray answering Council questions.
Minutes of the City of Arlington City Council Workshop_______ _April 12, 2021
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Ordinance Adding Community Engagement Director to the Title 2 of the Arlington
Municipal Code Administrative Services and HR Director James Trefry reviewed an Ordinance adding a Community Engagement Director to the Arlington Municipal Code Title 2. Council is asked to update the Arlington Municipal Code Title 2 to add the position of Community Engagement Director. The addition of the Community Engagement Director will update the Arlington Municipal Code Title 2 to reflect the City’s current organizational structure. Discussion followed with Mr. Trefry answering Council questions.
Appointment of Community Engagement Director Administrative Services and HR Director James Trefry reviewed a request for Council to confirm the Mayor’s appointment of Sarah Lopez as Community Engagement Director, per the Arlington Municipal Code Title 2. Sarah Lopez has been employed by the City of Arlington as the Community and Economic Revitalization Manager. With this appointment, Ms. 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. Discussion followed with Mr. Trefry answering Council questions.
Modification to Salary Schedule for Non-Represented Employees for 2021 Administrative Services and HR Director James Trefry reviewed the modification to the salary schedule for non-represented employees for 2021. Administration and Human Resources is 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 Managers 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. The Communications Specialist position is currently unfilled and the GIS Seasonal Worker position hours will be controlled to stay within the adopted budget for 2021. The existing salary schedule was adopted on November 2, 2020 as part of the 2021/2022 biennial budget. Discussion followed with Mr. Trefry answering Council questions.
ADMINISTRATOR AND STAFF REPORTS None.
MAYOR’S REPORT Mayor Tolbert thanked City Council for their hard work that was done during the Council Retreat held last Saturday, April 10, 2021.
COMMENTS FROM COUNCILMEMBERS None.
Minutes of the City of Arlington City Council Workshop_______ _April 12, 2021
Page 4 of 4
COUNCILMEMBER REPORTS Councilmember Debora Nelson provided a brief update, while Councilmembers Mike Hopson, Marilyn Oertle, Don Vanney, Jan Schuette, Jesica Stickles and Michele Blythe had nothing to report this evening.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to place the following items on the consent agenda for the April, 19, 2021 Council meeting: 3. Resolution Declaring Certain Property as Surplus 4. Professional Services Agreement for Design and Construction with DOWL Engineering
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:55 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: CA #3 Attachment C COUNCIL MEETING DATE: April 19, 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: I move to approve the resolution, and authorize the Mayor to sign it.
RESOLUTION NO. 2021-019
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 Cit y
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: CA #4 Attachment D
COUNCIL MEETING DATE: April 19, 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.
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: NB #1 Attachment E
Washington State Supreme Court eliminated the criminal penalties as a felony. The City’s Prosecuting Attorney recommends the adoption of this ordinance.
prescription. This also eliminates the authority of police officers to arrest persons possessing a
ORDINANCE NO. 2021-006 1
ORDINANCE NO. 2021–006
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. 2021-006 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. 2021-006 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. 2021-006 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: NB #2 Attachment F COUNCIL MEETING DATE: April 19, 2021 SUBJECT: Approval of change in indirect control of a franchisee (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.
RESOLUTION NO. 2021-020 1
RESOLUTION NO. 2021–020
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. 2021-020 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: NB #3 Attachment G COUNCIL MEETING DATE: April 19, 2021 SUBJECT: Ordinance Adding Community Engagement Director to the Arlington Municipal Code Title 2 ATTACHMENTS: Draft Ordinance DEPARTMENT OF ORIGIN Administration/Human Resources; James Trefry, Administrative Services Director 360-403-3443 EXPENDITURES REQUESTED: None BUDGET CATEGORY: None BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: Council is asked to update Arlington Municipal Code Title 2 to add the position of Community Engagement Director. HISTORY: The addition of the Community Engagement Director will update Arlington Municipal Code Title 2 to reflect the City’s current organizational structure.
ALTERNATIVES: Remand to staff for additional information.
RECOMMENDED MOTION: I move to approve the ordinance adding Community Engagement Director to the Arlington Municipal Code, and authorize the Mayor to sign the ordinance.
ORDINANCE NO. 2021-007 1
ORDINANCE NO. 2021–007 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. 2021-007 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: NB #4 Attachment H
City of Arlington Council Agenda Bill
Item: NB #5 Attachment
I COUNCIL MEETING DATE: April 19, 2021 SUBJECT: Modification to Salary Schedule for Non-Represented Employees for 2021 ATTACHMENTS: 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.
0.0275
Pay Spread between Grades 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
8.00%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
8.00%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 Finance Accountant 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 PW Accountant
8.00%J Finance Supervisor 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 GIS Manager 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 M&O Supervisor
8.00%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
8.00%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
8.00%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
6.00%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
15.55%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
5.00%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
5.00%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
4.55%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
13.00%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
2021 Non-Represented Employees