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Home My WebLink About01-21-20 Council Meeting SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Employees' Service Awards Directors and Mayor Barb Tolbert PROCLAMATIONS 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 Marilyn Oertle 1. Minutes of the January 6 and January 13, 2020 Council meetings ATTACHMENT A 2. Accounts Payable 3. Professional Services Agreement with Carletti Architects for ATTACHMENT B Architectural and Engineering Services for Fire Station 48 4. Interlocal Agreement with City of Marysville for Interim Jail Services ATTACHMENT C 5. Professional Services Agreement with Blueline Group for ATTACHMENT D Housing Action Plan 6. Professional Services Agreement with Dowl Engineering for ATTACHMENT E 2020 Airport Improvement Projects 7. Professional Services Agreement with BHC Consultants for ATTACHMENT F Wastewater Treatment Plant Design and Equalization Basin PUBLIC HEARING NEW BUSINESS 1. Bid Award for Innovation Center Remodel ATTACHMENT G Staff Presentation: Sarah Lopez Council Liaison: Mayor Pro Tem Marilyn Oertle Arlington City Council Meeting Tuesday, January 21, 2020 at 7:00 pm City Council Chambers – 110 E Third Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 2. Request to Waive Permit Fees for Innovation Center Remodel ATTACHMENT H Staff Presentation: Sarah Lopez Council Liaison: Mayor Pro Tem Marilyn Oertle 3. Selection of Mayor Pro Tem ATTACHMENT I Staff Presentation: Paul Ellis 4. Resolution Adopting an Updated Fee Schedule ATTACHMENT J Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Marilyn Oertle 5. Ordinance to Amend Arlington Municipal Code Chapter 13.12 to ATTACHMENT K Freeze 2020 Utility Rates Staff Presentation: Jim Kelly Council Liaison: Mayor Pro Tem Marilyn Oertle 6. Murraysmith Design Services for Cascade Industrial Center (CIC) Utilities ATTACHMENT L Staff Presentation: Jim Kelly Council Liaison: Mayor Pro Tem Marilyn Oertle 7. November 2019 Financial Report ATTACHMENT M Staff Presentation: Kristin Garcia DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert DRAFT Page 1 of 4 Council Chambers 110 East Third Street January 6, 2020 Councilmembers Present: Mike Hopson, Jan Schuette, Marilyn Oertle, Debora Nelson, Michele Blythe, and Jesica Stickles. Council Members Absent: Joshua Roundy, excused. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Banfield, Ashleigh Scott, Kristin Garcia, Jonathan Ventura, Marc Hayes, Dave Kraski, Chris Dickison, Theresa Ramey, Greg Koontz, Rick Neuman, Scott Hillis, Nich Sacha, Jason Nyblod, Phil Knepper, Justin Honsowetz, Willy Harper, Kirk Normand, Al Chamberlin, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Holly Sloan Buchanan, Bob Nelson, Maxine Jenft, Dan Rankin, friends and family of Michele Blythe, Jan Bauer, Lindsay Dunn, Avery Hufford, Vikki McMurray, Doug Buell, and Kim Chrisman. 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 Marilyn Oertle moved to approve the agenda, moving Item number 1 Public Records Act (PRA) Training for Councilmembers to the end of the meeting, Item number 6. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. SWEARING IN City Attorney Steve Peiffle performed the swearing in for Mayor Barb Tolbert, and newly-elected Councilmember Michele Blythe, and Councilmembers Marilyn Oertle and Mike Hopson. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Chief Dave Kraski introduced the following fire employees receiving service awards, with Mayor Tolbert presenting the awards to those in attendance. •Ethan Pederson, 5 years•Jason Brisson, 10 years•Paul Hunsaker, 10 years•Kirk Normand, 10 years•Brian Price, 10 years•Justin Honsowetz, 15 years•Al Chamberlin, 20 years Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting January 6, 2020 Page 2 of 4 • Chris Dickison, 20 years • Scott Hillis, 20 years • Phil Knepper, 20 years • Greg Koontz, 20 years • Jason Nyblod, 20 years PROCLAMATIONS None. PUBLIC COMMENT None. CONSENT AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the December 16, 2019 Council meeting 2. Accounts Payable: EFT Payments and Claims Checks #98530 through #98548 dated January 1, 2020 through January 6, 2020 for $60,118.31, and EFT Payments and Claims Checks #98549 through #98682 dated December 17, 2019 through December 30, 2019 for $1,154,430.69. PUBLIC HEARING None. NEW BUSINESS Professional Services Agreement with Heather Logan Consulting City Administrator Paul Ellis requested Council approve the professional services agreement with Heather Logan Consulting. Discussion followed with Mr. Ellis answering Council questions. Mayor Pro Tem Marilyn Oertle moved and Councilmember Michele Blythe seconded the motion to approve the professional services agreement and scope of work with Heather Logan Consulting, and authorized the Mayor to sign the agreement. The motion passed unanimously. Amendment to Interlocal Agreement with Marysville for Court and Jail Services City Administrator Paul Ellis requested Council approval for an amendment to the Interlocal Agreement with Marysville for Court and Jail Services. The City of Arlington currently contracts with the City of Marysville for municipal court services and jail services. The need for jail space in both Arlington and Marysville continues to grow and has become increasingly difficult. Marysville is in the process of constructing a new jail facility with greater capacity, however, this may not accommodate Arlington’s growing needs. Minutes of the City of Arlington City Council Meeting January 6, 2020 Page 3 of 4 Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to authorize the City Attorney to send notice to the City of Marysville of the proposed amendment to the ILA for court and jail services. The motion passed unanimously. Reappointment of Mayor Dan Rankin to serve as Snohomish Health District Board of Health Representative for all small cities in County Council District #1 City Administrator Paul Ellis requested the reappointment of Darrington Mayor Dan Rankin to the Snohomish Health District Board of Health for 2020. Mayor Rankin served in the same capacity in 2019 and has represented the smaller cities within County Council District #1 with distinction. Mayor Pro Tem Marilyn Oertle moved and Councilmember Mike Hopson seconded the motion to reappoint Mayor Dan Rankin to serve as Snohomish Health District Board of Health Representative for all small cities in County Council District #1. The motion passed unanimously. Washington Survey and Rating Bureau Evaluation for Fire Service With the use of a PowerPoint, Fire Chief Dave Kraski reviewed a summary of recent Fire Insurance Rating Review. On a five year cycle, all 419 public fire departments in Washington State are evaluated by the Washington Survey and Rating Bureau. WSRB is a private organization funded by the insurance industry to evaluate fire departments and establish a numerical rating used to determine the underwriting costs for fire insurance of commercial, public or private property. They are the only organization authorized to submit filings to the Washington State Office of the Insurance Commissioner. In October of 2019, the City of Arlington hosted WSRB for a 5-year review and received the results in late December. The Washington Survey and Rating Bureau classification for the Arlington Fire Department will be lowered from a protection class 5 to a protection class 4 beginning April of 2020. This will result in lower fire insurance costs throughout the community. Discussion followed with Chief Kraski answering Council questions. This agenda item was for informational purposes only. No action was required. Public Records Act (PRA) Training for Councilmembers The Open Public Meetings Act (OPMA) was conducted in 2017. That and the Public Records Act Training are required by state law every four years. Tonight, Public Records Act Training was provided. An online presentation was provided to the Mayor, City Councilmembers, and City staff in compliance with the Open Government Trainings Act, RCW 42.30.205. Supplemental handouts were provided to the Mayor and Councilmembers. DISCUSSION ITEMS None. INFORMATION None. Minutes of the City of Arlington City Council Meeting January 6, 2020 Page 4 of 4 ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis introduced Deputy City Clerk Ashleigh Scott. He then requested Chief Kraski provide a review of Darrington’s EMS service, which began January 1. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:25 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 6 Council Chambers 110 East Third Street January 13, 2020 Councilmembers Present: Mike Hopson, Marilyn Oertle, Jan Schuette, Jesica Stickles and Michele Blythe. Council Members Absent: Debora Nelson, excused. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Sarah Lopez, Dave Kraski, Jonathan Ventura, Jim Kelly, Marc Hayes, Marty Wray, Monroe Whitman, Lorene Robinson, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Don Vanney, Craig Robinson, Avery Hufford, Lindsay Dunn, and Doug Buell. 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 Marilyn Oertle moved to approve the agenda as presented. Councilmember Jan Schuette seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Bid Award for Innovation Center Remodel Community Revitalization Manager Sarah Lopez reviewed the 2020 innovation center remodel project. The City budgeted in 2019 and 2020 for the Innovation Center remodel, expecting to go out for re-bid with engineered plans and an architect’s estimate. The estimate is $275,000. Since the construction will take place in 2020, the 2019 budgeted amount will be moved to the 2020 budget with the Finance Director’s budget modifications. This project was advertised and bids were received on December 18, 2019. TRICO Companies, LLC was the qualified low bidder, with a bid of $277,800.00 (without tax), and $303,357.60 with tax. Staff recommends awarding the bid award to TRICO Companies, LLC. Discussion followed with Ms. Lopez answering Council questions. City Council Workshop Minutes of the City of Arlington City Council Workshop January 13, 2020 Page 2 of 6 Request to Waive Permit Fees for Innovation Center Remodel Community Revitalization Manager Sarah Lopez requested that building permit fees be waived for the project remodel. The fees are not included in the contractor’s price and would be paid by the City, if not waived. The city building permit fees total $4,830.15 Breakdown of fees: Building Plan Review – $1,892.94 Building Permit – $2,912.21 Processing/Technology – $25.00 Discussion followed with Ms. Lopez answering Council questions. Selection of Mayor Pro Tem City Administrator Paul Ellis reviewed the selection of Mayor Pro Tem. Marilyn Oertle has served as Mayor Pro Tem for 2018-2019. The Council Rules of Procedure state as follows: The Mayor Pro Tem will be selected by a majority vote of the Councilmembers at the second meeting in January in even years or when there is a vacancy. In selecting the Mayor Pro Tem, the Council will be guided by the following principles: • To preserve continuity in the office, the Mayor Pro Tem shall generally serve for a term oftwo (2) years. • The Mayor Pro Tem should have served as a Council member for at least two (2) yearsbefore appointment to the office of Mayor Pro Tem. • In general, the appointment of Mayor Pro Tem will be to the eligible Council member whohas served the longest in office. The Alternate Mayor Pro Tem will be the Council member who most recently served as Mayor Pro Tem. Discussion followed with Mr. Ellis answering Council questions. Professional Services Agreement with Carletti Architects for Architectural and Engineering Services for Fire Station 48 City Administrator Paul Ellis reviewed the professional services agreement with Carletti Architects for architectural and engineering services for Fire Station 48. In May 2019, the City of Arlington sent Request for Qualifications (RFQs) for Fire Station #48 Architectural and Engineering Services. Carletti Architects, P.S. was chosen from a review panel. Carletti Architects, P.S. has extensive experience in design and building of fire stations in the Puget Sound area including Fire Station 46, and the design for the original Fire Station 48. The City of Arlington currently has three fire stations – #46, #47 and #48. This project will be to construct a new Station #48 at a new location on Airport Blvd. and replace the functions at Stations 47 and 48. The current Station #48 is a leased facility. The lease is expiring with no additional extensions. The new station must be completed by August 31, 2021. Resolution Authorizing the Building Official to Exempt Buildings from Code Requirements for Emergency Temporary Shelters City Administrator Paul Ellis reviewed a resolution to authorize the building official to exempt buildings from code requirements for emergency temporary shelters. Minutes of the City of Arlington City Council Workshop January 13, 2020 Page 3 of 6 The old Alfy’s building in Smokey Point has been purchased by Public Hospital District #3 Snohomish County, now referred to as Stilly Valley Health Connections. The district board is allowing the building to be used as a cold weather shelter for the remainder of the winter. However, the building currently does not have a fire sprinkler system that would be required for overnight accommodations. The resolution will allow the use of this building as a cold weather shelter for the remainder of the winter season. The cold weather shelter has been operated out of the local churches on a rotating schedule for the last 11 years. The remaining churches dropped out of the program early this fall. Operations of the cold weather shelter have been assumed by North Snohomish County Outreach, but they have not been able to secure a facility. Discussion followed with Mr. Ellis answering Council questions. Interlocal Agreement with City of Marysville for Interim Jail Services City Administrator Paul Ellis reviewed an interlocal agreement with City of Marysville for interim jail services. This agreement will extend jail services with the City of Marysville, as needed, for January and February 2020, until court and jail services are fully transferred to Cascade District Court and the Snohomish County Jail. The current agreement expired December 31, 2019. The City of Arlington has contracted for jail services with the City of Marysville since April 2003. On January 6, 2020, City Council approved an amendment to the interlocal agreement with Marysville transferring court and jail services to Cascade District Court and Snohomish County Jail, effective March 1, 2020. Discussion followed with Mr. Ellis answering Council questions. Resolution Adopting an Updated Fee Schedule Community and Economic Development Director Marc Hayes reviewed a resolution adopting an updated fee schedule for 2020. Staff has prepared an update to the City’s fee schedule. The fees included in the schedule cover all departments in the city and address items not included in the Arlington Municipal Code. The Council last updated the City’s fee schedule in April 2018. The largest amount of updates were for Community and Economic Development, and Mr. Hayes reviewed his department’s updates to the fee schedule. Discussion followed with Mr. Hayes answering Council questions. Professional Services Agreement with Blueline Group for Housing Action Plan Community and Economic Development Director Marc Hayes reviewed a professional services agreement with Blueline Group for the planning work to create a Housing Action Plan. The Blueline Group is the consultant selected to perform the planning work as required by the Department of Commerce grant, related to elements in Engrossed Second Substitute House Bill 1923. Discussion followed with Mr. Hayes answering Council questions. Professional Services Agreement with Dowl Engineering for 2020 Airport Improvement Projects Airport Operations Manager Marty Wray, accompanied by Airport Operations Specialist Lorene Robinson, reviewed a professional services agreement for design services with Dowl, Minutes of the City of Arlington City Council Workshop January 13, 2020 Page 4 of 6 LLC. Dowl, LLC is currently contracted as the on-call engineer for the City of Arlington Airport) for the Runway 16/34, Taxiway Bravo Lighting and Taxiway Bravo Overlay Projects. This project will involve replacement of runway 16/34 edge lighting (upgrading to LED) and installation of LED taxiway edge lighting on Taxiway Bravo. Additionally, this project will include the mill and overlay of Taxiway Bravo as well as removal of pavement between runway 34 and 29 threshold and an old taxiway connector. This project will provide a higher level of safety for all Airport operations including a higher level of safety for aircraft operating at the airport during nighttime and low visibility conditions. New LED runway edge lights will improve costs and maintenance as well as improve visibility. Taxiway Bravo is on the west side of the Airport and runs parallel to the primary Runway 16/34 at Arlington Municipal Airport. The taxiway asphalt is well beyond the expected lifespan of the existing pavement. The taxiway is currently unlit and developing full depth cracks and other deterioration that have become a persistent maintenance issues. With increased development taking place on the west side of the airport, an increase of traffic on Bravo is expected to continue for the foreseeable future. Mill and overlay of the taxiway asphalt and removing old asphalt will ensure continued sustainability of the airport as the area continues to grow with businesses and tenants moving to Arlington. Discussion followed with Mr. Wray answering Council questions. Ordinance to Amend Arlington Municipal Code Chapter 13.12 to Freeze 2020 Utility Rates Public Works Director Jim Kelly reviewed a proposed amendment to Arlington Municipal Code 13.12 rescinding the scheduled 2020 CPI increase to the water, sewer, and stormwater utility rates. AMC 13.12.040 mandates that the water, sewer, and stormwater utility rates be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area. Staff has reviewed the current utility budget forecast and has determined that the mandatory CPI increase is not necessary for 2020. Discussion followed with Mr. Kelly answering Council questions. Professional Services Agreement with BHC Consultants for Wastewater Treatment Plant Design and Equalization Basin Public Works Director Jim Kelly reviewed the SOW and fee estimate from BHC for preparation of design documents and permitting for necessary improvements to the Water Reclamation Facility. The City of Arlington’s water reclamation facility went online in 2010 operating by extension of the plant’s 2008 National Pollution Discharge Elimination System (NPDES) permit (a five-year permit). A new NPDES permit was issued in 2014 and, most recently, a new NPDES permit was issued in November 2019. Conditions contained in the new NPDES permit require plant improvements to improve current operations, to add additional operations, and to add additional discharge monitoring. The City of Arlington contracted with BHC Engineers in 2019 to prepare and submit the necessary Department of Ecology Engineering Reports for the following improvements: Minutes of the City of Arlington City Council Workshop January 13, 2020 Page 5 of 6 Add permeate equalization basin for reclaimed water production Add improved sludge pumping system Add additional effluent monitoring and recording The BHC engineers working on this design are the same engineers who designed the 2010 improvements (formerly with Kennedy-Jenks). The NPDES permit conditions have a timeline for implementation, to meet this timeline the plan is to design in 2020 and construct in 2021. Discussion followed with Mr. Kelly answering Council questions. Murraysmith Design Services for Cascade Industrial Center (CIC) Utilities Public Works Director Jim Kelly reviewed Scope of Work (SOW) and fee estimate from consultant Murraysmith for design services for the Cascade Industrial Center (CIC) utilities. The SOW and fee estimate from Murraysmith is for infrastructure analysis and preparation of construction design documents for the CIC Utility Improvements. The CIC area south of SR-531 is beginning to develop and in order to support the development in this region of the CIC the City is moving forward with installing water, sewer, and communication trunk-line infrastructure improvements. After reviewing several engineering qualifications, the City requested a proposal from Murraysmith to provide engineering services for the CIC Utility Improvements. This project will extend water, sewer, and fiber optic communication services south of SR 531 (172nd St NE) in order to support future development. The City wants to complete the utility work beneath SR-531 before the planned widening project begins. Discussion followed with Mr. Kelly answering Council questions. Due to Finance Director Kristin Garcia’s absence, Item No. 13 – November 2019 Financial Report will be presented at the January 21 Council meeting. Miscellaneous Council Items ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis acknowledged the resignation of Councilmember Joshua Roundy, who resigned January 11, effective immediately. Mr. Ellis distributed a Council Vacancy Timeline with sample interview questions for Council’s review. He requested that Councilmembers email him input as soon as possible to move forward in filling the vacancy on Council. PUBLIC COMMENT Arlington citizen Lindsay Dunn expressed his frustration with abandoned vehicles in the city limits, and requested action on their removal. The Mayor indicated City Administrator Paul Ellis would follow up on the matter. COUNCILMEMBER REPORTS Councilmembers Mike Hopson, Jan Schuette, and Jesica Stickles provided brief updates, while Councilmembers Marilyn Oertle and Michele Blythe had nothing to report this evening. Minutes of the City of Arlington City Council Workshop January 13, 2020 Page 6 of 6 EXECUTIVE SESSION None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to place the following items on the Consent Agenda for the January 21, 2020 Council meeting: Item No. 4 – Professional Services Agreement with Carletti Architects for Architectural and Engineering Services for Fire Station 48 Item No. 6 – Interlocal Agreement with City of Marysville for Interim Jail Services Item No. 8 – Professional Services Agreement with Blueline Group for Housing Action Plan Item No. 9 – Professional Services Agreement with Dowl Engineering for 2020 Airport Improvement Projects Item No. 11 – Professional Services Agreement with BHC Consultants for Wastewater Treatment Plant Design and Equalization Basin ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:12 p.m. ___________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B current Station #48 is a leased facility. The lease is expiring with no additional extensions. The new final review by the City Attorney. City of Arlington Council Agenda Bill Item: CA #4 Attachment C 2020 ILA FOR JAIL SERVICES – Page 1 AGREEMENT FOR JAIL SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF ARLINGTON WHEREAS, on August 1, 2002, Marysville and Arlington entered into an Interlocal Agreement for Jail Services hereafter referred to as the "Agreement" recorded on 11/6/02 with Snohomish County; and WHEREAS, the parties extended this Agreement by amendment in the ensuing years; and WHEREAS, the municipal judges for Marysville also served as the municipal judges for Arlington during this time; and WHEREAS, the City of Arlington has determined to transition to Snohomish County District Court providing its municipal court services; and WHEREAS, this Agreement for jail services expired on December 31, 2019; and WHEREAS, the parties agree that additional time is needed for Arlington to transition its jail and court services; and WHEREAS, the parties wish to utilize the 2002 Agreement and the attached Schedule A to set forth the terms and conditions for the provision of jail services. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, Marysville and Arlington mutually agree as follows: 1. Schedule A, is attached and is adopted as part of this agreement. 2. Section 5, Duration. This agreement shall commence on the date of the last signature below and end on March 30, 2020. This agreement may be signed in counterparts. 3. Except as provided herein, all other terms and conditions of the Interlocal Agreement for Jail Services dated August 1, 2002 and all Amendments thereto remain in full force and effect unchanged. By ________________________________ Barbara Tolbert, Mayor By ________________________________ Jon Nehring, Mayor 2020 ILA FOR JAIL SERVICES – Page 2 By ________________________________ Steven J. Peiffle, City Attorney DATE: ____________________________ By ________________________________ Jon Walker, City Attorney DATE: ____________________________ Attest: ______________________________ Attest: _____________________________ 1. 2020 ILA FOR JAIL SERVICES – Page 3 SCHEDULE A Effective January 1, 2020 Booking fee beginning January 1, 2020 $123.24 Should Marysville decide to collect booking fees pursuant to RCW 70.48.390 from the funds possessed by the prisoner or defendant directly at the time of booking, the booking fee to be paid by the City of Arlington for such prisoner or defendant shall be adjusted by a credit in favor of the City Arlington of that sum actually paid by the prisoner or defendant. Inmate transfer administrative fee $20.00 In cases where Arlington prisoners are relocated to another jail facility other than the Snohomish County jail, Arlington agrees to pay Marysville an Inmate Transfer Administrative Fee of $20.00 per prisoner. Marysville Transportation Fee $64.84 per trip Arlington agrees to pay Marysville a Transportation Fee of $64.84 per prisoner for transportation to another facility or for transportation from another facility to the Marysville Municipal Court. For example: Transporting a prisoner from the Marysville Jail to the SCORE facility would be one trip. Transporting a prisoner from SCORE to the Marysville Municipal Court would be one trip. Transporting a prisoner from the Marysville Municipal Court back to SCORE would be one trip. The same examples would apply to transports to and from the Snohomish County Jail. Daily maintenance fee $94.84 Bed space as needed on a space available basis. Video Court fee $58.00 Arlington agrees to pay Marysville a Video Court fee of $58.00 per prisoner for each court appearance by video. Marysville in its discretion or upon request by Arlington may cause a Arlington inmate to appear for court hearings via the Marysville video court system. The use of video for court hearings will conform to procedures and rules of the Marysville Jail and the Marysville Municipal Court. Snohomish County Jail Arlington gives Marysville the authority to receive and pay all Snohomish County Jail bills for the Arlington Prisoners including those cases that are associated with the County District Court and not Marysville Municipal Court and to coordinate and move Arlington Prisoners to and from Snohomish County Jail. Other Jail Billings Marysville will be reimbursed by Arlington for all costs including Jail booking and Jail Bed and Daily Maintenance Fees and any other fee charged to Marysville by all other jail facilities for Arlington Prisoners. City of Arlington Council Agenda Bill Item: CA #5 Attachment D Page 1 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 THE BLUELINE GROUP SERVICE AGREEMENT THIS AGREEMENT is made and entered into in duplicate this ___ day of _____________, 2020, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and THE BLUELINE GROUP, hereinafter referred to as the "SERVICE PROVIDER." 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 SERVICE PROVIDER represents that the SERVICE PROVIDER 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: GENERAL TERMS AND CONDITIONS 1. Scope of Services. 1.1 The scope of services (“Services”) to be performed by SERVICE PROVIDER for CITY with respect to the project that is the subject of the Services (“Project”) shall be as set forth in a written proposal from SERVICE PROVIDER, or in a Work Order or similar document, which shall become effective only when signed by authorized representatives of SERVICE PROVIDER and CITY (the “Work Order”). These Terms and Conditions shall apply to all Work Orders and to all Services performed by SERVICE PROVIDER. No written proposal from SERVICE PROVIDER shall be deemed valid after sixty (60) days from the date of such proposal. SERVICE PROVIDER responsibilities throughout this Agreement and as detailed in Exhibit “A” attached hereto and incorporated herein (Scope of Work) and Exhibit “B” attached hereto and incorporated herein (Schedule of Charges). 1.2 Changes to the Work Order shall be agreed upon in writing between SERVICE PROVIDER and CITY. Notwithstanding any other provision of this Section 1, in the event CITY directs SERVICE PROVIDER orally or in a writing (by way of illustration but not limitation, by email communication) other than a Work Order to perform Services, then such Work shall be deemed authorized so long as SERVICE PROVIDER provides written confirmation of its acceptance of such Services (including, without limitation, via email communication) within three (3) business days of such direction by CITY. Page 2 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 2. Fees and Billing. 2.1 In consideration of the Services, CITY agrees to pay to SERVICE PROVIDER the compensation set forth in each Work Order per Schedule of Charges. If not otherwise set forth in the Work Order, the Services are on a time and materials basis, with fees and charges as set forth in the attached Schedule Charges, which may be amended from time to time (but no more than once per year) on thirty (30) days written notice to CITY. 2.2 SERVICE PROVIDER will submit invoices to CITY monthly and upon completion of Services. SERVICE PROVIDER agrees to provide CITY with receipts and other records as may be reasonably requested by CITY in connection with any expenses, costs, or disbursements. All out‐of‐pocket expenses incurred by SERVICE PROVIDER on behalf of CITY will be invoiced at cost plus ten percent (10%). 2.3 Payment terms are net thirty (30) days from the date of invoice. CITY agrees to pay a late payment charge of one and one‐half percent (1‐1/2%) per month on past due amounts, or the maximum rate of interest allowed by law, whichever is less. Failure to pay invoices in a timely manner is a breach of a material term of these Terms and Conditions, and payment of late charges or interest does not excuse CITY’s failure to pay. All reasonable attorneys’ fees and costs and other costs incurred by SERVICE PROVIDER in collecting any delinquent amount shall be paid by the CITY, irrespective of whether formal proceedings are initiated. 3. Term and Termination 3.1 The Services and related Work Orders may be terminated without cause by either party upon thirty (30) days written notice or if CITY suspends the Services for more than three (3) months. SERVICE PROVIDER may suspend or terminate Services if CITY fails to pay past due amounts within ten (10) days of written notice of intent to suspend or terminate services. 3.2 Upon termination by either party, SERVICE PRIVIDER shall be paid for Services performed prior to the effective date of termination to be determined (a) regarding lump sum or fixed fee basis, on a pro rata basis based upon percentage completion, and (b) if time and materials, then based upon the time expended by SERVICE PROVIDER personnel and materials used. Additionally payment shall be made for all reasonable termination expenses, including by not limited to the cost of completing analyses, records and reports necessary to document job status at the time of termination, and any non‐cancelable third party contracts. SERVICE PROVIDER shall provide reasonable assistance to transition services to another consultant, if applicable. 4. Time for Performance; Delays; Force Majeure. 4.1 SERVICE PROVIDER shall not be liable for delays in the performance of, or failures to perform, Services caused by circumstances beyond its reasonable control, including without Page 3 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 limitation, acts of God or the public enemy, acts and/or omissions of government authorities, strikes and other labor disputes, riots, civil unrest, war, lockouts, accidents, fires, floods, unusually severe weather, epidemics and quarantine restrictions, death or disability of personnel, CITY’s failure to furnish necessary information requested in writing by SERVICE PROVIDER, sabotage, failures or delays in transportation or communication, failures or substitutions of equipment, embargos, and shortages of labor, fuel, raw materials or equipment. For delays resulting from actions or inactions of CITY or its representatives, SERVICE PROVIDER shall be given an appropriate time extension and shall be compensated for all additional costs of labor, equipment and other direct and indirect costs SERVICE PROVIDER incurs during any delay or interruption of services caused by circumstances beyond SERVICE PROVIDER’s control. Delays of more than ninety (90) days shall, at the option of either party, make these Terms and Conditions subject to termination. 4.2 CITY recognizes that delays relating to the processing of permit applications or approval of permits are beyond the control of SERVICE PROVIDER. SERVICE PROVIDER makes no warranties and CITY waives any claims against SERVICE PROVIDER relating to the timeliness of approvals or the success of permit applications prepared under these Terms and Conditions. 5. Ownership of Materials. 5.1 All deliverables prepared by the SERVICE PROVIDER shall become the property of the CITY, subject to the restrictions on use in this Section. Notwithstanding the foregoing, the SERVICE PROVIDER expressly reserves its rights in (a) ideas, know‐how, methodologies, skills, tools, techniques, expressions, processes, routines and technologies created, adapted or used by the SERVICE PROVIDER in its business generally, irrespective of whether possessed by the SERVICE PROVIDER prior to, or acquired, developed or refined by SERVICE PROVIDER during the course of, the performance of the Services; (b) information, programming, documentation, data compilations, reports and any other media, working notes, drawings, designs, specifications, materials or other objects produced as a result of SERVICE PROVIDER performance of the Services, other than deliverables and documents or reports provided to the SERVICE PROVIDER by the CITY; and (c) applicable rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto that SERVICE PROVIDER is entitled to under applicable law. SERVICE PROVIDER agrees not to release any Project documents to third parties without prior CITY authorization unless SERVICE PROVIDER is required to do so by any applicable law, regulation, ordinance or court order. SERVICE PROVIDER will retain all pertinent documents for a period of at least three (3) years from the date of final invoice, during which period the records will be made available to CITY at all reasonable times upon prior written request. 5.2 SERVICE PROVIDER shall be entitled to rely upon the accuracy and completeness of all documents concerning the Project which are furnished by CITY. Any and all information and recommendations contained in SERVICE PROVIDER’s reports, correspondence and other written documents are provided solely for the applicable Project. Any use of such information for any other purpose or any other project shall be at the CITY’s sole risk and liability, and Page 4 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 SERVICE PROVIDER disclaims any responsibility or liability for such use. CITY shall hold harmless and indemnify SERVICE PROVIDER from and against any and all claims or losses of any kind with respect to such other use. 6. Assignment; Subcontractors. Neither CITY nor SERVICE PROVIDER shall assign any Work Order or any rights or obligations under these Terms and Conditions to any other person or entity without the express, written consent of the other, which consent may be withheld for any reason. Notwithstanding the foregoing, SERVICE PROVIDER may enter into one or more subcontracts for the performance of some of the Services undertaken by SERVICE PROVIDER under the terms of any Work Order. 7. Independent Contractor. SERVICE PROVIDER is an independent contractor and not an employee, fiduciary, or agent of CITY. Nothing in the Work Order, Terms and Conditions, or any other writing or statement shall be deemed to create a joint venture, partnership, or other business relationship between CITY and SERVICE PROVIDER other than that of independent contractor. 8. Standard of Care. 8.1 SERVICE PROVIDER will conduct its Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession practicing in the geographical area of the Project under similar conditions. This standard of care shall be determined as of the time SERVICE PROVIDER performs its Services and not as of any other time. CITY agrees to provide SERVICE PROVIDER with prompt written notice of any defect or suspected defect in the Services. 8.2 SERVICE PROVIDER agrees to perform the Services pursuant to the terms of these Terms and Conditions, and in material compliance with all applicable laws, rules and regulations of government authorities. 8.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN, SERVICE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OR WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE PROJECT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 9. Insurance. Indemnification / Hold Harmless SERVICE PROVIDER shall defend, indemnify and hold the Public Entity, 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 acts, errors or omissions of the SERVICE PROVIDER in performance of this Agreement, except for injuries and damages caused Page 5 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 by the sole negligence of the Public Entity. SERVICE PROVIDER’s obligations to defend shall be limited to the extent covered by SERVICE PROVIDER’s insurance. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, 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 SERVICE PROVIDER and the Public Entity, its officers, officials, employees, and volunteers, the SERVICE PROVIDER's liability, including the duty and cost to defend, hereunder shall be only to the extent of the SERVICE PROVIDER’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the SERVICE PROVIDER’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. A. Insurance Term The SERVICE PROVIDER 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 SERVICE PROVIDER, its agents, representatives, or employees. B. No Limitation SERVICE PROVIDER’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the SERVICE PROVIDER to the coverage provided by such insurance, or otherwise limit the Public Entity’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance SERVICE PROVIDER shall obtain insurance of the types and coverage described below: 1. Automobile Liability insurance covering all owned, non‐owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. 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 Public Entity shall be named as an additional insured under the SERVICE PROVIDER’s Commercial General Liability insurance policy with respect to the work performed for the Public Entity using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the Page 6 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 State of Washington. 4. Professional Liability insurance appropriate to the SERVICE PROVIDER’s profession. D. Minimum Amounts of Insurance SERVICE PROVIDER shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. E. Other Insurance Provision The SERVICE PROVIDER’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 Public Entity. Any Insurance, self‐insurance, or self‐insured pool coverage maintained by the Public Entity shall be excess of the SERVICE PROVIDER’s insurance and shall not contribute with it. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Verification of Coverage SERVICE PROVIDER shall furnish the Public Entity 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 SERVICE PROVIDER before commencement of the work. G. Notice of Cancellation The SERVICE PROVIDER shall provide the Public Entity with written notice of any policy cancellation within two business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the SERVICE PROVIDER to maintain the insurance as required shall constitute a material breach of contract, upon which the Public Entity may, after giving five (5) business days’ notice to the SERVICE PROVIDER to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in Page 7 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 connection therewith, with any sums so expended to be repaid to the Public Entity on demand, or at the sole discretion of the Public Entity, offset against funds due the SERVICE PROVIDER from the Public Entity. I. Public Entity Full Availability of SERVICE PROVIDER Limits If the SERVICE PROVIDER maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the SERVICE PROVIDER, irrespective of whether such limits maintained by the SERVICE PROVIDER are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the SERVICE PROVIDER. 10. Limitation of Liability. CITY agrees that, to the fullest extent permitted by law, SERVICE PROVIDER’s total liability to CITY for any and all suits, causes of action, injuries, damages, claims, losses, judgments, and expenses (including attorneys’ fees, costs, and expenses) (collectively, “Claims”) arising out of or related to the Services or the Project, regardless of the cause of such Claim, is limited to an amount not to exceed the total fee paid under the Work Order for Services performed by SERVICE PROVIDER (but not its sub‐consultants or subcontractors) or the proceeds actually paid under SERVICE PROVIDER’s insurance policies, whichever is greater. CITY will not seek damages in excess of the above limitation directly or indirectly through suits with other persons or entities not signatory hereto who may file cross‐ claims or counterclaims against SERVICE PROVIDER or join SERVICE PROVIDER as a third‐party defendant. In no event will any officer, director, shareholder, or employee of SERVICE PROVIDER have any liability whatsoever to CITY. CITY and SERVICE PROVIDER will not be liable to each other for any special, indirect, consequential, or punitive damages arising out of or related to any Work Order, the Services, or the Project; provided, however, that the foregoing shall not be deemed to limit any indemnity obligation of a party with respect to third party claims or either party’s recovery in the event of willful misconduct by the other party. 11. Indemnification. 11.1 SERVICE PROVIDER agrees to indemnify, defend, and hold harmless CITY, its officers, directors, and employees, agents, and affiliates, from and against all Claims on account of personal injury or property damage to the extent arising out of or resulting from the negligence or willful misconduct of SERVICE PROVIDER in connection with the Services, but not to the extent that such Claims are caused by the negligence or willful misconduct of CITY, or its employees, agents, or contractors of any tier. 11.2 CITY agrees to indemnify, defend, and hold harmless SERVICE PROVIDER, its officers, directors, and employees, agents, and affiliates, from and against all Claims on account of personal injury or property damage arising out of or resulting from the negligence or willful misconduct of CITY or its employees, agents, or contractors, but not to the extent that such Claims are caused by the negligence or willful misconduct of SERVICE PROVIDER, or its Page 8 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 employees, agents, or contractors of any tier. 11.3 CITY further agrees to release, indemnify, defend, and hold harmless SERVICE PROVIDER (along with its officers, directors, agents, employees, sub‐consultants and subcontractors) from and against any Claims (including without limitation all investigation and remediation costs) arising out of or related to; (a) third party suits for trespass; (b) CITY’s modifications to deliverables, use of deliverables for purposes other than the Project, or provision of any deliverables to third parties (transmitted, disclosed, published, or referred) without SERVICE PROVIDER’s prior written consent; (c) any allegation or claim that SERVICE PROVIDER is a generator, operator, owner, arranger, transporter, disposer, treater, or other actual or potentially liable person or party under any federal, state, or local environmental law or regulation. 12. Dispute Resolution. Before either CITY or SERVICE PROVIDER may initiate litigation, any dispute shall be referred to nonbinding mediation before an agreed upon mediation resolution service by both parties at a location convenient for the CITY and SERVICE PROVIDER to attend. Each party shall pay half of the filing fee and other costs charged by the mediation service, and each party shall pay its own costs and fees incurred in conjunction with the mediation. Nothing stated herein shall preclude the parties from later agreeing, in writing, to submit any dispute to binding arbitration or other alternative dispute resolution procedure. Notices. Notices required to be given to either party pursuant to these Terms and Conditions shall be delivered by (a) first class or certified mail to the address of the party shown below unless a different address has been designated in writing, (b) hand delivery, (c) fax with confirmation of transmission, or (d) reputable overnight courier. Notice shall be deemed received three (3) business days after mailing, one (1) business day after placed in the hands of a reputable overnight carrier, or upon delivery or fax transmission. 13. Miscellaneous 13.1 Nothing stated herein or in any Work Order shall create a contractual relationship with or cause of action in favor of any person or entity not a party hereto. There are no intended third party beneficiaries of the Work Order or these Terms and Conditions (except as may be expressly provided for with respect to each party’s indemnity obligations), and there shall be no incidental third party beneficiaries. 13.2 If any provision of these Terms and Conditions or any Work Order is ruled to be unenforceable, then such provision shall be given effect to the maximum extent allowed by law, and all remaining terms shall continue to be in full force and effect. 13.3 All terms of these Terms and Conditions and any Work Order allocating or limiting liability, providing indemnification against or release of liability, and any other provision which expressly or in order to give it full effect survives termination of the Project or any Work Order, shall survive the completion of the Services and the termination of Work Order and these Terms and Conditions. Page 9 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 13.4 Causes of action between CITY and SERVICE PROVIDER (along with their respective officers, directors and employees) shall be deemed to have accrued with respect to Services, and the applicable statute of limitations shall commence to run, not later than the date of SERVICE PROVIDER’s invoice for such Services. 13.5 No modification or amendment of any Work Order (except as expressly provided for herein) or these Terms and Conditions shall be effective unless such modification or amendment is in writing and signed by an authorized representative of each party. 13.6 In the event of a dispute arising under the Work Order or these Terms and Conditions, or the breach or alleged breach thereof, the substantially prevailing party shall be awarded its reasonable costs incurred (including staff time at current billing rates; court costs; expert witness fees; attorneys’ fees, costs, and expenses upon trial, arbitration or appeal; collection or lien fees; late payment charges and interest; and other claim‐related expenses). Venue for any action shall be the state or federal court in Seattle, Washington. The internal laws of the State of Washington shall apply in any such proceeding without regard to conflict of law principles. 14. Nondiscrimination. 14.1 The CITY is an equal opportunity employer. 14.2 Nondiscrimination in Employment. In the performance of this Agreement, the SERVICE PROVIDER will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The SERVICE PROVIDER shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The SERVICE PROVIDER shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 14.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. 14.4 If any assignment and/or subcontracting has been authorized by the CITY, said assignment or subcontract shall include appropriate safeguards against discrimination. The Page 10 of 10 The Blueline Group Service Agreement E2SHB 1923 Department of Commerce Grant P02.468 SERVICE PROVIDER shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraph herein. THE BLUELINE GROUP: CITY OF ARLINGTON: Kenton Lauzen, Principal Barbara Tolbert, Mayor Date Date Attest: Wendy Van Der Meersche, City Clerk EXHIBI T A – SCOPE & FEE ESTIMATE 1 Project Name: Arlington Housing Action Plan Job #: 19-306 Effective Date: January 1, 2020 PROJECT DESCRIPTION The Blueline Group, LLC (“Blueline”) will provide planning services to the City of Arlington (City) for the drafting and adoption of a Housing Action Plan. This action has been funded by a grant administered by the Washington State Department of Commerce (Commerce) from funds allocated through the passage of Engrossed Second Substitute House Bill (E2SHB) 1923. The project scope generally includes three primary deliverables, which will be submitted to Commerce per their contract with the City. The three deliverables are: 1. Strategies and Needs Memo 2. Draft Housing Action Plan 3. Adopted Housing Action Plan PROJECT SCHEDULE Blueline shall begin work immediately upon receipt of Notice to Proceed from the City and proceed according to the following Project Schedule. This schedule reflects the desire to meet the adoption deadline for SEPA appeal protection of April 1, 2021 as outlined by E2SHB 1923. Key dates include: E2SHB 1923 Housing Action Plan Scoping .................................................. October, 2019 Evaluation of Current Strategies and Needs ....................... December 2019 – March 2020 Deliverable 1 – Strategies and Needs Memo ........................................... March 27, 2020 Present Strategies and Needs Memo to City Council ..................................... April 6, 2020 Stakeholders Focus Group Meeting ............................................................. May 13, 2020 Open Housing Public Meeting ..................................................................... May 27, 2020 Draft Housing Action Plan .................................................................June – October 2020 Deliverable 2 – Housing Action Plan Draft ............................................ October 15, 2020 Joint Workshop with Planning Commission and City Council ................ November 2, 2020 Present Housing Action Plan at Public Hearing ..................................... February 15, 2021 Housing Action Plan Adoption .................................................................. March 15, 2021 Deliverable 3 – Adopted Housing Action Plan ..............................................April 1, 2021 TASK SUMMARY Task 001 MONTHLY INVOICING AND PROGRESS REPORTS Task 002 E2SHB 1923 SCOPING Task 003 PROJECT KICK-OFF Task 004 HOUSING STRATEGIES AND NEEDS EVALUATION Task 005 PUBLIC ENGAGEMENT Task 006 DRAFT HOUSING ACTION PLAN Task 007 HOUSING ACTION PLAN ADOPTION EXHIBI T A – SCOPE & FEE ESTIMATE 2 SCOPE OF WORK Blueline’s scope of work for the Project is detailed below. Task 001 Monthly Invoicing and Progress Reports Fee: Hourly Rate (Estimated $1,400) This task involves monthly invoicing and progress reports to the City. Task 002 E2SHB 1923 Scoping Fee: Hourly Rate ($3,500) This task includes the development of the E2SHB 1923 scope of work to support the adoption of a Housing Action Plan. Activities included: • Preliminary meeting with Marc Hayes, Community and Economic Development Director, to receive relevant information and the go-ahead to prepare scope. • Developing scope and transmitting to Marc Hayes, Community and Economic Development Director, for E2SHB 1923 grant application submittal. This Task corresponds to Step 1.1 from the Contract between the Washington Department of Commerce and City of Arlington. DELIVERABLES • Completed E2SHB 1923 grant application Task 003 Project Kick-off Fee: Hourly Rate (Estimated $600) This task will involve a meeting with City staff to discuss the purpose of the project and to revise the project scope and schedule as needed. It will also include identification of key issues for the project, including potential obstacles for developing the strategy and desired outcomes of the project. This Task corresponds to Step 1.1 from the Contract between the Washington Department of Commerce and City of Arlington. DELIVERABLES • Agreed upon scope of work, budget, and timeline EXHIBI T A – SCOPE & FEE ESTIMATE 3 Task 004 Housing Strategies and Needs Evaluation Fee: Hourly Rate (Estimated $14,900) This will involve creating an updated version of the report titled Housing Profile: City of Arlington prepared by Alliance for Housing Affordability in March 2015 to meet criteria (a) and (c) of a housing action plan per E2SHB 1923. A housing action plan should: (a) Quantify existing and projected housing needs for all income levels, including extremely low- income households, with documentation of housing and household characteristics, and cost burdened households. (c) Analyze population and employment trends, with documentation of projections. This task will also involve an evaluation of Arlington’s current housing element of the comprehensive plan, which fulfills criterion (e): (e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070, including an evaluation of success in attaining planned housing types and units, achievement of goals and policies, and implementation of the schedule of programs and actions. Each of these efforts will result in a memo style document that will serve as the first deliverable to Commerce. The document will be capable of incorporation into the full housing action plan later. Once the memo is finalized, it will be presented to City Council for their feedback and suggestions as the project moves into the process of engaging the public and developing housing strategies for the City. This Task corresponds to Steps 1.2, 1.3, and 1.4 from the Contract between the Washington Department of Commerce and City of Arlington. DELIVERABLES • Electronic copy (PDF) of Strategies and Needs Memo ASSUMPTIONS & EXCLUSIONS The scope and fee for this task includes the following assumptions and exclusions: • City staff will provide Blueline with data necessary to complete the evaluation. • City staff will facilitate the presentation to City Council. Task 005 Public Engagement Fee: Hourly Rate (Estimated $3,400) The public engagement process will involve input from two groups: a group of key stakeholders and the general public. The stakeholders may include real estate professionals, both market-rate and affordable housing developers, non-profit organizations that specialize in addressing housing needs, local religious groups, and other key members of the housing market as identified by the City. Participation will involve a focus group style meeting. The stakeholders will be briefed on the findings from Task 004. Following conversations will focus on what they view as being barriers to housing development. EXHIBI T A – SCOPE & FEE ESTIMATE 4 To receive input from the general public, an open house style public meeting will be held. Attendees will also be briefed on the findings from Task 004. The public will have the opportunity to provide feedback either through breakout sessions or some other format where conversations can occur. Input gathered from the key stakeholders group will be used to steer these discussions. This task will fulfill criterion (f) of a housing action plan per E2SHB 1923: (f) Provide for participation and input from community members, community groups, local buildings, local realtors, nonprofit housing advocates, and local religious groups. This Task corresponds to Steps 1.5 and 1.6 from the Contract between the Washington Department of Commerce and City of Arlington. DELIVERABLES • Findings from public engagement to be incorporated into the Housing Action Plan ASSUMPTIONS & EXCLUSIONS The scope and fee for this task includes the following assumptions and exclusions: • City staff will be involved in the selection of key stakeholders and will support the focus group discussions as well as the open house public meeting. Task 006 Draft Housing Action Plan Fee: Hourly Rate (Estimated $20,900) Comments received from the public engagement process will be used to begin drafting the housing action plan product. Drafting will also involve using research gathered from reading housing action plans in the Puget Sound Region, and potentially other cities in the U.S. that are comparable and innovative, in order to better understand the full spectrum of available tools for promoting affordable and market-rate residential development. A comprehensive list of plan elements will be developed based on relevant model housing action plans, stakeholder and citizen feedback generated through the public participation process, and other key research components. Once an outline for the plan is formed, work can begin on developing recommendations and strategies. This will fulfill criteria (b) and (d) of a housing action plan per E2SHB 1923: (b) Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified in (a) of this subsection. (d) Consider strategies to minimize displacement of low-income residents resulting from development. After devising the recommendations and strategies, Blueline will build a schedule of programs and actions to implement them. This fulfills criterion (g): (g) Include a schedule of programs and actions to implement the recommendations of the housing action plan. EXHIBI T A – SCOPE & FEE ESTIMATE 5 Products from each task will be combined in the Housing Action Plan draft which serves as the second deliverable to Commerce. Per instructions from of the City, two of the recommendations outlined in the Plan will be: • Adopt a “missing middle” ordinance that allows at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences. • Evaluate the feasibility of a portion of the Master Planned Neighborhood East Hill being developed as purely affordable single-family residences. This Task corresponds to Steps 1.7, 1.8, and 1.9 from the Contract between the Washington Department of Commerce and City of Arlington. DELIVERABLES • Electronic (PDF) copy of Housing Action Plan draft ASSUMPTIONS & EXCLUSIONS The scope and fee for this task includes the following assumptions and exclusions: • City staff will receive draft iterations during the drafting process to provide feedback and suggested revisions. Task 007 Housing Action Plan Adoption Fee: Hourly Rate (Estimated $5,000) Once the draft Housing Action Plan is completed, it will be presented to Planning Commission and City Council at a joint workshop. This will begin the process toward adoption. Prior to final adoption, a public hearing will be held to introduce the draft Housing Action Plan. Revisions will be made to the draft Plan incorporating feedback given during the joint workshop between Planning Commission and City Council, as well as any other edits from City staff. During the public hearing, a presentation of the draft Housing Action Plan will occur. The presentation should include background history of the draft Plan, including a summary of the citizen input, how the input was incorporated, and a summary of the work accomplished during the joint workshop between Planning Commission and City Council. After a public hearing has been conducted and final feedback has been received, the draft Housing Action Plan will be revised accordingly. Revisions and meetings will occur until adoption. Adoption of the plan will be the final deliverable to Commerce. Per E2SHB 1923, the housing action plan will need to be adopted by April 1, 2021 to be protected from administrative or judicial appeal under SEPA. The final scheduled City Council meeting prior to April 1 would be March 15, 2021, so this will be the target adoption date. EXHIBI T A – SCOPE & FEE ESTIMATE 6 This Task corresponds to Steps 1.10, 1.11, and 1.12 from the Contract between the Washington Department of Commerce and City of Arlington. DELIVERABLES • Electronic (PDF) copy of Housing Action Plan ASSUMPTIONS & EXCLUSIONS The scope and fee for this task includes the following assumptions and exclusions: • City staff will facilitate the joint workshop between Planning Commission and City Council. • City staff will handle posting of proper notice for the public hearing and will facilitate the hearing. • Blueline will draft the required non-project action SEPA checklist for City staff to review. General Assumptions and Notes • Scope and fees outlined above are based on the Project Understanding included with this proposal as well as the following information (any changes to these documents may result in changes to the fees): o Contract Number 20-XXXXX-XXX between the Washington State Department of Commerce and City of Arlington o Scoping discussions and emails with the City of Arlington through December 2019 • It will be the responsibility of the City to adopt the Housing Action Plan by June 15, 2021 to receive the final thirty percent of the grant amount as dictated by the City’s contract with Commerce. If not met, this shall not preclude Blueline from payment of services provided per this Scope. • The City shall coordinate all E2SHB 1923 grant funding fulfillment items, including submittal of required deliverables, with Commerce directly. • The fees stated above do not include reimbursable expenses such as mileage. These will appear under a separate task called EXPENSES. Estimate: $300 • Time and expense items are based on Blueline’s current hourly rates. • These fees stated above are valid if accepted within 30 days of the date of the proposal. • Blueline reserves the right to adjust fees per current market conditions for tasks not started within a year of contract execution. • Client revisions requested after the work is completed will be billed at an hourly rate under a new task called Client Requested Revisions. A fee estimate can be provided to the Client prior to proceeding with the revisions. City of Arlington Council Agenda Bill Item: CA #6 Attachment E This project will involve replacement of runway 16/34 edge lighting (upgrading to LED) and installation of LED taxiway edge lighting on Taxiway Bravo. Additionally, this project will include the mill and overlay of Taxiway Bravo as well as removal of pavement between runway 34 and 29 threshold and an old taxiway connector. This project will provide a higher level of safety for all Airport operations including a higher level taxiway is currently unlit and developing full depth cracks and other deterioration that have become a persistent maintenance issues. With increased development taking place on the west side of the airport, an increase of traffic on Bravo is expected to continue for the foreseeable future. Mill and overlay of the taxiway PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into in duplicate this 21st day of January, 2020, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and, DOWL, LLC, hereinafter referred to as the "SERVICE PROVIDER." 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 SERVICE PROVIDER represents that the SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER responsibilities throughout this Agreement and as detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2.Term. The contract shall be terminated on the last day of April, 2020, 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 SERVICE PROVIDER except for services identified and set forth in this Agreement. PROFESSIONAL SERVICES AGREEMENT 1 CITY OF ARLINGTON 3.3 The CITY shall pay the SERVICE PROVIDER for work performed under this Agreement as follows: SERVICE PROVIDER 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 SERVICE PROVIDER 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 $262,442 for all work performed and expenses incurred under this contract. 4. Reports and Inspections. 4.1 The SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER'S activities. The CITY may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the SERVICE PROVIDER'S activities which relate, directly or indirectly, to this Agreement. 5. Independent Contractor Relationship. 5.1 The parties intend that an independent SERVICE PROVIDER/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 PROFESSIONAL SERVICES AGREEMENT 2 CITY OF ARLINGTON lie solely with the discretion of the SERVICE PROVIDER. No agent, employee, servant or representative of the SERVICE PROVIDER shall be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the employees of the SERVICE PROVIDER are not entitled to any of the benefits the CITY provides for its employees. The SERVICE PROVIDER 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 SERVICE PROVIDER 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.Service Provider Employees/agents The CITY may at its sole discretion require the SERVICE PROVIDER to remove any employee, agent or servant from employment on this Project. The SERVICE PROVIDER 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 [sole] 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 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. PROFESSIONAL SERVICES AGREEMENT 3 8. Insurance. The SERVICE PROVIDER 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 SERVICE PROVIDER, its agents, representatives, or employees. 8.1 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of the types described below: a.Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury, if applicable to and obtainable by the Consultant’s profession. The City shall be named as an insured under the SERVICE PROVIDER's Commercial General Liability insurance policy with respect to the work performed for the City. c.Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the SERVICE PROVIDER's profession. 8.2 Minimum Amounts of Insurance. SERVICE PROVIDER 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. 8.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: a. The SERVICE PROVIDER's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the SERVICE PROVIDER's insurance and shall not contribute with it. PROFESSIONAL SERVICES AGREEMENT 4 b.The SERVICE PROVIDER's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 8.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 8.5 Verification of Coverage. SERVICE PROVIDER 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 SERVICE PROVIDER before commencement of the work. 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 SERVICE PROVIDER pursuant to this Agreement. 10.Compliance with Laws. 10.1 The SERVICE PROVIDER, 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. When applicable, the consultant should refer to the attached Required Federal Contract Provisions to ensure compliance with federal regulations. 10.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 10.3 Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, sub-recipients of private or public Sponsors (private entity). Prohibitions include: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is PROFESSIONAL SERVICES AGREEMENT 5 In effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or sub-agreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity - 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either: a. Associated with performance under this agreement; or b. Imputed to the Sponsor or sub-recipient using 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non- procurement),"as implemented by the FAA at 2 CFR part 1200. 11.Nondiscrimination. 11.1 The CITY is an equal opportunity employer. Nondiscrimination in Employment. In the performance of this Agreement, the SERVICE PROVIDER will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The SERVICE PROVIDER shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The SERVICE PROVIDER shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 11.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. 11.4 If any assignment and/or subcontracting has been authorized by the CITY, said assignment or subcontract shall include appropriate safeguards against discrimination. The SERVICE PROVIDER shall take such action as may be required to ensure full compliance with the provisions in the immediately PROFESSIONAL SERVICES AGREEMENT 6 preceding paragraphs herein. 12. Assignment/subcontracting. 12.1 The SERVICE PROVIDER 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 SERVICE PROVIDER 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. 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 SERVICE PROVIDER 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 SERVICE PROVIDER shall retain all books, records, documents and other material relevant to this agreement, for six (6) years after its expiration. The SERVICE PROVIDER agrees that the CITY or its designee shall have full access PROFESSIONAL SERVICES AGREEMENT 7 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. The CITY may terminate this Agreement, in whole or in part, at any time, by at least five (5) days written notice to the SERVICE PROVIDER. 16.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the manner called for in this Agreement, or if the SERVICE PROVIDER fails to comply with any other provisions of the Agreement and fails to correct such noncompliance within five (5) days written notice thereof, the CITY may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the SERVICE PROVIDER setting forth the manner in which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will only be paid for services performed in accordance with the manner of performance set forth in this Agreement. 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 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. PROFESSIONAL SERVICES AGREEMENT 8 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. PROFESSIONAL SERVICES AGREEMENT 9 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. CITY: SERVICE PROVIDER: CITY OF ARLINGTON DOWL, LLC Barbara Tolbert, Mayor Attest: Kristin Banfield, City Clerk PROFESSIONAL SERVICES AGREEMENT 10 TASK ORDER #5 EXHIBIT A: SCOPE OF WORK City of Arlington – Arlington Municipal Airport (AWO) 2020 Airport Improvements Phase 1: Design This project will be completed under the Professional Services Agreement between the City of Arlington and DOWL, LLC, dated 1/21/2020. Project Description This project includes the following improvements to the Arlington Municipal Airport (AIRPORT), as shown in the attached Figure 1. This project is receiving FAA grant funding from several sources within the FAA, including normal AIP funding, 2018 Supplementary Discretionary funding (XB), and 2019 Supplementary Discretionary funding (XC). There will be three separate FAA grants for this project, and costs associated with each grant will be tracked separately throughout to ensure proper allocation and reimbursement of costs. To better show the breakdown of funding from each grant, the key below will be used throughout this scope of work to delineate funding sources. The attached Figure 4 also shows approximate work areas associated with each grant. Normal AIP Funding X.X% 2018 Supplementary Discretionary [XB] X.X% 2019 Supplementary Discretionary [XC] X.X% Non-AIP Eligible X.X%The percentages associated with each category above represent the portion of the scope and subsequent fee that will be attributed to each category for each project task. The percentages for tasks shared between more than one grant are estimated based on current project funding shown in the AIRPORT’s Capital Improvement Program (CIP) and anticipated efforts. FAA AIP Eligible Work [90% FAA Funded]: Runway 16-34 Lighting (Figure 1) 1. Replacement of existing Medium Intensity Runway Edge Lighting System (MIRL) with new LED MIRL system. 2. Installation of lighted LED hold signs on three taxiway connectors between Runway 16-34 and Taxiway B. 3. Replacement of existing airport-owned Runway 16 and Runway 34 Precision Approach Path Indicators (PAPIs). 4. Replacement of existing airport-owned Runway 16 Runway End Identifier Lights (REILs). 5. Replacement of existing Runway Distance Remaining signs with new LED signs. 6. Replacement of existing Runway 16-34 lighting regulator, and all trenching, cable, and conduit as required for the new MIRL lighting system. 7. Installation of pilot-controlled lighting (PCL) for new LED MIRL system. Evaluate inclusion of parallel taxiway circuits on PCL system and incorporate if recommended and approved. Coordinate PCL for new circuits with existing MALS PCL circuit. City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 2 of 11 Page 1 of 10 8. FAA Flight Check of new Runway 16 & 34 PAPIs and Runway 16 REILs (under Reimbursable Agreement) FAA Supplementary Discretionary Work (100% FAA Funded) – 2018 Supplemental Round 2 (XB): Taxiway B Pavement Rehabilitation (Figure 1) 1. 2-inch mill and overlay of Taxiway B, full-length. Connector taxiways are not included in this work. FAA AIP Eligible Work – 2019 Supplemental (XC) [90% FAA Funded]: Taxiway B Lighting (Figure 1) 1. Remove existing blue taxiway edge reflectors. 2. Install new LED taxiway lighting system. 3. Install new taxiway lighting regulator in existing lighting vault. Non-AIP Eligible Work: Connector Taxiways B2, B3, and B4 Pavement Rehabilitation (Figure 1) 1. 2-inch mill and overlay of Connector Taxiways B2, B3, and B4 from edge of Runway 16-34 to edge of Taxiway B. 2. Removal of abandoned 45-degree taxiway connector pavement north of taxiway connector B3, from Runway 16-34 to Taxiway B. 3. Removal of excess pavement between Runway 34 and runway 29 thresholds to eliminate ponding and promote drainage. All costs associated with non-AIP Eligible work will be tracked independently of all other work, and all nonAIP Eligible work will be shown on a separate bid schedule. The approximate project areas that apply to each FAA grant as well as non-AIP eligible work are shown in the attached Figure 4. 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 Normal AIP Funding 25.0% 2018 Supplementary Discretionary [XB] 25.0% 2019 Supplementary Discretionary [XC] 25.0% Non-AIP Eligible 25.0% The CONSULTANT will 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 four (4) 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 (conference call) City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 3 of 11 b) 50% Submittal Review Meeting c) 90% Submittal Review Meeting d) One (1) additional meeting, as needed 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. 1.2 FAA REIMBURSABLE AGREEMENT Normal AIP Funding 100% 2018 Supplementary Discretionary [XB] 0.0% 2019 Supplementary Discretionary [XC] 0.0% Non-AIP Eligible 0.0% The CONSULTANT will assist the AIRPORT with the airspace coordination process required per Engineering Guidance 2012-03 for new airport-owned PAPI and REIL installations. This will include coordination with FAA Flight Inspection in Oklahoma City, and the Seattle ADO for the required flight check on new Runway 16 & 34 PAPIs and Runway 16 REILs. The CONSULTANT will prepare and submit the required Data Information for VGSI Facilities Form required per Engineering Guidance 2013-03. The CONSULTANT will coordinate new airport-owned PAPIs and REILs with the FAA non-Federal program coordinator. Assumptions: a. Three (3) coordination meeting conference calls for FAA reimbursable agreement. Deliverables: Meeting Minutes PDF via email Data Information for VGSI Facilities Forms PDF via email 1.3 TOPOGRAPHIC SURVEY Normal AIP Funding 25.0% 2018 Supplementary Discretionary [XB] 30.0% 2019 Supplementary Discretionary [XC] 25.0% Non-AIP Eligible 20.0% 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 a topographic survey of select portions of the project area (approximate limits as shown in Figure 2 for use in the development of construction plans. Mapping features will include: City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 4 of 11 • One-hundredth (0.01) foot contour interval and spot elevations for all Taxiway B pavements and associated connector Taxiway B2, B3, and B4 pavements up to the edge line of Runway 16-34. • On-site features including: i. Taxiway B pavement as detailed above, as well as excess runway pavement to be removed near Runway 29 and 16 thresholds, and north of Taxiway B3. ii. Surface storm drainage features. iii. Taxiway B edge reflectors and concrete bases iv. Taxiway B signs, centerline and hold line striping, and visible utilities. v. Electrical features including Runway 16/34 edge and threshold lights, hold signs on Taxiway A connectors, Runway 16 & 34 PAPI’s, Runway 16 REILs, and all junction boxes, round basecans, square concrete duct markers, and other related features. d) Prepare a survey basemap in AutoCAD Civil 3D. The survey will include features, contours, and an existing surface model. The survey will also incorporate as-built records provided by the AIRPORT. e) Conduct an onsite review to verify features on the survey basemap. 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. 1.4 GEOTECHNICAL INVESTIGATION Normal AIP Funding 0.0% 2018 Supplementary Discretionary [XB] 66.7% 2019 Supplementary Discretionary [XC] 0.0% Non-AIP Eligible 33.3% 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 subsurface exploration locations. d) Determine the thickness of the existing taxiway pavement at twelve (8) locations on Taxiway B and four (4) locations on Connector Taxiways B2, B3, an B4, by coring a 4-inch diameter core the fulldepth of existing pavement, as shown in Figure 3. 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) paper copies and PDF via email or electronic transfer City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 5 of 11 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. 1.5 50% DESIGN Normal AIP Funding 30.0%1 2018 Supplementary Discretionary [XB] 30.0%1 2019 Supplementary Discretionary [XC] 25.0%1 Non-AIP Eligible 15.0%1 1Percentages shown are approximate. Percentages have been adjusted on fee sheet based on tasks to reflect funding source. See fee schedule for a more detailed breakdown. 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 standards. An estimated sheet count is included below: Sheets Description General Project Sheets – Applicable to all Bid Schedules Bid Schedule A: Runway 16-34 Lighting City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 6 of 11 1 Typical Sections 4 Taxiway B Plan and Profile 1 Civil Details 3 Taxiway B Marking Plan 1 Marking Details 3 Civil Site Plan 1 Civil Details 3 Electrical Site Plan 2 Electrical Details 1 Lighting Vault Details 1 Electrical Diagrams 1 Panel Schedules 1 Taxiway B Circuit Diagrams 1 Connector Taxiway Typical Sections 3 Connector Taxiways B2, B3, and B4 Plan and Profiles 1 Civil Details 2 Connector Taxiways B2, B3, and B4 Marking Plan 1 Marking Details 60 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, City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 7 of 11 and marking design. This design report will meet the requirements of FAA Engineering Guidance 2013-04. 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. 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 FAA’s online OE/AAA portal. e) The CONSULTANT will prepare and submit 7460’s as separate cases for any proposes 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) (taxiway rehabilitation) and 5-6.4(f) (all lighting & signs) with no further information required. h) Installation of new airport-owned Runway 16 & 34 PAPI and Runway 16 REIL units will require a Reimbursable Agreement with FAA Flight Inspection for a flight check after installation. 1.6 90% DESIGN Normal AIP Funding 40.0%1 2018 Supplementary Discretionary [XB] 25.0%1 2019 Supplementary Discretionary [XC] 25.0%1 Non-AIP Eligible 10.0%1,2 City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 8 of 11 1Percentages shown are approximate. Percentages have been adjusted on fee sheet based on tasks to reflect funding source. See fee schedule for a more detailed breakdown. 20% for items required solely due to FAA requirements. XB and SC percentages increased 5% in these cases. 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 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. 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 (OEAAA) portal. Deliverables: 50% Comments Response Airport: Three (3) paper copies & PDF via electronic delivery FAA: PDF via electronic delivery 90% Construction Plans (11” X 17”) Airport: Three (3) paper copies & PDF via electronic delivery FAA: PDF via electronic delivery 90% Contract Documents Airport: Three (3) paper copies & PDF via electronic delivery FAA: PDF via electronic delivery 90% Engineer’s Estimate Airport: Three (3) paper copies & PDF via electronic delivery FAA: PDF via electronic delivery 90% Engineer’s Design Report Airport: Three (3) paper copies & PDF via electronic delivery FAA: PDF via electronic delivery Final Construction Safety & Phasing Plan Airport: Three (3) paper copies & PDF via electronic delivery FAA: PDF via electronic delivery City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 9 of 11 1.7 FINAL PS&E SUBMITTAL Normal AIP Funding 30.0%1 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 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. f) Airport Sponsor Strategic Event Submission Form. The CONSULTANT will complete the required form and send to the AIRPORT for signature and submittal to the FAA. Construction Management Program (CMP). The CONSULTANT will prepare and submit a Construction Management Program to the AIRPORT and FAA that meets the requirements outlined in AC 150/5370-12B. 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. 1 Percentages shown are approximate. Percentages have been adjusted on fee sheet based on tasks to reflect funding source. See fee schedule for a more detailed breakdown. 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. City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design Page 10 of 11 FAA: PDF via electronic delivery Strategic Event Submission Form FAA: PDF via electronic delivery Construction Management Program Airport: Three (3) copies & PDF, FAA: PDF via electronic delivery 1.8 GRANT ASSISTANCE Normal AIP Funding 33.3% 2018 Supplementary Discretionary [XB] 33.3% 2019 Supplementary Discretionary [XC] 33.3% Non-AIP Eligible 0.0% City of Arlington – Arlington Municipal Airport 2020 Airport Improvements Phase 1: Design 11 of 11 This project is anticipated to include three separate FAA grants. The CONSULTANT will provide the AIRPORT with the following grant assistance: a) Assist with preparation of three FAA AIP Grant Applications, including FAA AIP Development Project Schedules. b) Assist with preparation of WSDOT Aviation Airport Aid Grant Application. c) Assist the Airport with general management of three FAA AIP grants, including 2018 and 2019 supplementary discretionary grants and 2020 WSDOT grants for this project. 1.9 BIDDING SUPPORT Normal AIP Funding 30.0% 2018 Supplementary Discretionary [XB] 30.0% 2019 Supplementary Discretionary [XC] 30.0% Non-AIP Eligible 10.0% 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 required 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. 1.10 DBE PROGRAM & ANNUAL REPORTING Normal AIP Funding 90.0%1 2018 Supplementary Discretionary [XB] 5%2 2019 Supplementary Discretionary [XC] 5%2 1DBE plan for 2021-2023 will be completed under normal AIP grant. 2DBE reporting through FAA Civil Rights Connect for XB and XC grants. The CONSULTANT will provide the AIRPORT with a new 3-year DBE Program for 2021-2023. This will include preparation and submission of a new DBE program that incorporates current FAA requirements, results of the disparity study, and the Small Business Element and the calculation of yearly DBE goals for 2021-2023. The CONSULTANT will also prepare and submit the annual DBE reporting for each FAA grant as required through FAA Civil Rights Connect. Page Client:Arlington Municipal Airport (AWO) Project:2020 Airport Improvements Date:12/17/2019 Phase:1 - Design LABOR: TASK Project Engineering Survey Survey Admin. NO.TASK (Scope of Services)Engineer X Manager IV Engineer VII Engineer I Technician V Crew Chief Technician Assistant TOTAL LABOR 245.00 180.00 185.00 100.00 130.00 190.00 125.00 85.00 85.00 HOURS COST Hours Total Hours Total Hours Total Hours Total 1.1 Project Management 4 59 0 21 0 0 0 0 12 96 14,720$ 3,703$ 3,703$ 3,703$ 3,610$ a General Project Management (4 months)4 40 12 56 9,200$ 14.0 2,300$ 14.0 2,300$ 14.0 2,300$ 14.0 2,300$ b FAA Predesign Meeting 1 1 2 280$ 0.7 93$ 0.7 93$ 0.7 93$ 0.0 -$ c 50% Submittal Review Meeting 6 8 14 1,880$ 3.5 470$ 3.5 470$ 3.5 470$ 3.5 470$ d 90% Submittal Review Meeting 6 8 14 1,880$ 3.5 470$ 3.5 470$ 3.5 470$ 3.5 470$ e Additional Coordination Meeting 6 4 10 1,480$ 2.5 370$ 2.5 370$ 2.5 370$ 2.5 370$ 1.2 FAA Reimbursable Agreement 0 14 0 0 10 0 0 0 0 24 3,820$ 3,820$ -$ -$ -$ a Coordination Meetings (3)12 8 20 3,200$ 20.0 3,200$ 0.0 -$ 0.0 -$ 0.0 -$ b Data Info. For VGS Facilities Form 2 2 4 620$ 4.0 620$ 0.0 -$ 0.0 -$ 0.0 -$ 1.3 Topographic Survey 0 10 0 6 4 16 210 180 0 426 47,510$ 11,878$ 14,253$ 11,878$ 9,502$ a Topographic Survey / Office 4 12 30 46 6,750$ 11.5 1,688$ 13.8 2,025$ 11.5 1,688$ 9.2 1,350$ b Field Survey / Basemap 4 4 180 180 368 39,080$ 92.0 9,770$ 110.4 11,724$ 92.0 9,770$ 73.6 7,816$ c Site Conditions Review 6 6 12 1,680$ 3.0 420$ 3.6 504$ 3.0 420$ 2.4 336$ 1.4 Geotechnical Investigation 0 14 0 0 0 0 0 0 0 14 2,520$ -$ 1,680$ -$ 840$ a General Coordination 8 8 1,440$ 0.0 -$ 5.3 960$ 0.0 -$ 2.7 480$ d Coring of Existing Pavement 2 2 360$ 0.0 -$ 1.3 240$ 0.0 -$ 0.7 120$ g On Site Coordination During Coring 4 4 720$ 0.0 -$ 2.7 480$ 0.0 -$ 1.3 240$ 1.5 50% Design 11 136 0 213 133 0 0 0 0 493 65,765$ 17,452$ 20,622$ 18,042$ 9,649$ a Site Conditions Review 6 6 12 1,680$ 3.0 420$ 3.0 420$ 3.0 420$ 3.0 420$ b 50% Construction Plans General Project Sheets - All Bid Schedules Cover Sheet 4 1 1 1 7 1,390$ 2.3 463$ 2.3 463$ 2.3 463$ 0.0 -$ Drawing Notes, Abbrev. and Legend 1 2 2 5 640$ 1.7 213$ 1.7 213$ 1.7 213$ 0.0 -$ Project Bid Schedule Plan 1 2 2 5 640$ 2.0 256$ 1.3 160$ 1.3 160$ 0.5 64$ Construction Safety and Phasing Plan 12 16 12 40 5,320$ 13.3 1,773$ 13.3 1,773$ 13.3 1,773$ 0.0 -$ Construction Safety & Phasing Details 2 2 4 8 1,080$ 2.7 360$ 2.7 360$ 2.7 360$ 0.0 -$ Site Preparation / TESC Plan 2 2 4 8 1,080$ 3.2 432$ 2.0 270$ 2.0 270$ 0.8 108$ Bid Schedule A: Runway 16-34 Lighting Civil Site Plan 8 8 12 28 3,800$ 28.0 3,800$ 0.0 -$ 0.0 -$ 0.0 -$ Civil Details 1 2 2 5 640$ 5.0 640$ 0.0 -$ 0.0 -$ 0.0 -$ Electrical Site Plan 2 2 360$ 2.0 360$ 0.0 -$ 0.0 -$ 0.0 -$ Electrical Details 2 2 360$ 2.0 360$ 0.0 -$ 0.0 -$ 0.0 -$ Lighting Vault Details 2 2 360$ 2.0 360$ 0.0 -$ 0.0 -$ 0.0 -$ Electrical Diagrams 2 2 360$ 2.0 360$ 0.0 -$ 0.0 -$ 0.0 -$ Panel Schedules 2 2 360$ 2.0 360$ 0.0 -$ 0.0 -$ 0.0 -$ Runway 16/34 Circuit Diagrams 2 2 360$ 2.0 360$ 0.0 -$ 0.0 -$ 0.0 -$ Bid Schedule B: Taxiway B Pavement Rehab. Taxiway Typical Sections 2 4 4 10 1,280$ 0.0 -$ 10.0 1,280$ 0.0 -$ 0.0 -$ Taxiway B Plan and Profile 16 20 24 60 8,000$ 0.0 -$ 60.0 8,000$ 0.0 -$ 0.0 -$ Civil Details 2 2 4 8 1,080$ 0.0 -$ 8.0 1,080$ 0.0 -$ 0.0 -$ Taxiway B Marking Plan 2 4 4 10 1,280$ 0.0 -$ 10.0 1,280$ 0.0 -$ 0.0 -$ Marking Details 1 1 2 4 540$ 0.0 -$ 4.0 540$ 0.0 -$ 0.0 -$ Bid Schedule C: Taxiway B Lighting Civil Site Plan 8 16 24 48 6,160$ 0.0 -$ 0.0 -$ 48.0 6,160$ 0.0 -$ Civil Details 2 4 4 10 1,280$ 0.0 -$ 0.0 -$ 10.0 1,280$ 0.0 -$ Electrical Site Plan 2 2 360$ 0.0 -$ 0.0 -$ 2.0 360$ 0.0 -$ Electrical Details 2 2 360$ 0.0 -$ 0.0 -$ 2.0 360$ 0.0 -$ Light Vault Details 2 2 360$ 0.0 -$ 0.0 -$ 2.0 360$ 0.0 -$ Electrical Diagrams 2 2 360$ 0.0 -$ 0.0 -$ 2.0 360$ 0.0 -$ Panel Schedules 2 2 360$ 0.0 -$ 0.0 -$ 2.0 360$ 0.0 -$ Taxiway B Circuit Diagrams 2 2 360$ 0.0 -$ 0.0 -$ 2.0 360$ 0.0 -$ Bid Schedule D: Twy B Connectors Rehab. Typical Sections 2 4 4 10 1,280$ 0.0 -$ 0.0 -$ 0.0 -$ 10.0 1,280$ Connector Twys B2, B3, & B4 Plan & Profile 8 16 16 40 5,120$ 0.0 -$ 0.0 -$ 0.0 -$ 40.0 5,120$ Civil Details 1 2 2 5 640$ 0.0 -$ 0.0 -$ 0.0 -$ 5.0 640$ Connector Twys B2, B3, & B4 Marking Plan 1 2 2 5 640$ 0.0 -$ 0.0 -$ 0.0 -$ 5.0 640$ Marking Details 1 1 2 4 540$ 0.0 -$ 0.0 -$ 0.0 -$ 4.0 540$ c 50% Contract Documents 4 12 32 48 6,340$ 19.2 2,536$ 12.0 1,585$ 12.0 1,585$ 4.8 634$ d 50% Engineer's Estimate 1 4 8 2 15 2,025$ 6.0 810$ 3.8 506$ 3.8 506$ 1.5 203$ e 50% Engineer's Design Report 1 4 24 29 3,365$ 11.6 1,346$ 8.7 1,010$ 8.7 1,010$ 0.0 -$ f 90% Construction Safety & Phasing Plan (CSPP)1 8 24 33 4,085$ 13.2 1,634$ 9.9 1,226$ 9.9 1,226$ 0.0 -$ g 7460 for Stockpiles and Haul Routes 4 8 12 1,520$ 4.8 608$ 3.6 456$ 3.6 456$ 0.0 -$ 1.6 90% Design 8 62 0 104 52 0 0 0 0 226 30,280$ 12,112$ 7,807$ 7,807$ 2,555$ a Site Conditions Review 6 6 12 1,680$ 4.8 672$ 3.0 420$ 3.0 420$ 1.2 168$ b 50% Comment Response 1 2 4 7 1,005$ 2.8 402$ 1.8 251$ 1.8 251$ 0.7 101$ c 90% Construction Plans 2 40 50 50 142 19,190$ 56.8 7,676$ 35.5 4,798$ 35.5 4,798$ 14.2 1,919$ d 90% Contract Documents 2 4 12 18 2,410$ 7.2 964$ 4.5 603$ 4.5 603$ 1.8 241$ e 90% Engineer's Estimate 1 2 4 2 9 1,265$ 3.6 506$ 2.3 316$ 2.3 316$ 0.9 127$ f 90% Engineer's Design Report 1 4 16 21 2,565$ 8.4 1,026$ 6.3 770$ 6.3 770$ 0.0 -$ g Final Construction Safety and Phasing Plan (CSPP)1 4 12 17 2,165$ 6.8 866$ 5.1 650$ 5.1 650$ 0.0 -$ 1.7 Final PS&E Submittal 7 27 0 63 26 0 0 0 0 123 16,255$ 6,502$ 4,256$ 4,256$ 1,241$ a 90% Comment Response 2 2 4 560$ 1.6 224$ 1.0 140$ 1.0 140$ 0.4 56$ b 100% Construction Plans 2 12 24 24 62 8,170$ 24.8 3,268$ 15.5 2,043$ 15.5 2,043$ 6.2 817$ c 100% Contract Documents 2 4 12 18 2,410$ 7.2 964$ 4.5 603$ 4.5 603$ 1.8 241$ d 100% Engineer's Estimate 1 2 4 2 9 1,265$ 3.6 506$ 2.3 316$ 2.3 316$ 0.9 127$ e Final Engineer's Design Report 1 2 4 7 1,005$ 2.8 402$ 2.1 302$ 2.1 302$ 0.0 -$ f Strategic Event Form 1 1 2 280$ 0.8 112$ 0.6 84$ 0.6 84$ 0.0 -$ g Construction Management Program (CMP)1 4 16 21 2,565$ 8.4 1,026$ 6.3 770$ 6.3 770$ 0.0 -$ 1.8 Grant Assistance 0 50 0 44 0 0 0 0 0 94 13,400$ 4,467$ 4,467$ 4,467$ -$ a FAA Grant Applications (3)6 12 18 2,280$ 6.0 760$ 6.0 760$ 6.0 760$ 0.0 -$ b WSDOT Aviation Grant Application 4 8 12 1,520$ 4.0 507$ 4.0 507$ 4.0 507$ 0.0 -$ c Grant Management (3 AIP & 1 WSDOT)40 24 64 9,600$ 21.3 3,200$ 21.3 3,200$ 21.3 3,200$ 0.0 -$ 1.9 Bidding Support 2 20 0 30 8 0 0 0 0 60 8,130$ 2,439$ 2,439$ 2,439$ 813$ a Respond to Contractor Questions 2 2 8 12 1,650$ 3.6 495$ 3.6 495$ 3.6 495$ 1.2 165$ b Pre-Bid Meeting 6 6 12 1,680$ 3.6 504$ 3.6 504$ 3.6 504$ 1.2 168$ c Addenda (2)12 16 8 36 4,800$ 10.8 1,440$ 10.8 1,440$ 10.8 1,440$ 3.6 480$ 1.10 DBE Program & Annual Reporting 2 19 0 43 0 0 0 0 0 64 8,210$ 7,650$ 3.4%280$ 280$ -$ a 2021-2023 DBE Program 2 16 40 58 7,370$ 58.0 7,370$ 0.0 -$ 0.0 -$ 0.0 -$ b Annual DBE Reporting 3 3 6 840$ 2.0 280$ 2.0 280$ 2.0 280$ 0.0 -$ Labor Subtotal 34 411 0 524 233 16 210 180 12 1620 210,610$ 70,022$ 59,507$ 52,871$ 28,209$ Expenses Mileage (Meetings, Site Visits)4 Trips @ 100 Miles Miles / Roundtrip ($0.58 / mile)232$ 232$ -$ -$ -$ Travel / Per Diem 0 Trips @ -$ -$ -$ -$ -$ Plotting / Reproductions 1,000$ 400$ 250$ 250$ 100$ Total Expenses 1,232$ 632$ 250$ 250$ 100$ Subconsultants Subconsultant Cost Markup HWA Geosciences (Coring)8,000$ 10%8,800$ -$ 5,867$ -$ 2,933$ Elcon Associates (Electrical)38,000$ 10%41,800$ 25,000$ -$ 16,800$ -$ Total Subconsultants 50,600$ 25,000$ 5,867$ 16,800$ 2,933$ TOTAL FEE (Phase 1 - Design)262,442$ Total Normal AIP Total 2018 Supp. Discretionary (XB) Total 2019 Supp. Discretionary (XC)Total Non-AIP Eligible 95,654$ 65,624$ 69,921$ 31,243$ EXHIBIT B-1: CONSULTANT FEE ESTIMATE DOWL PROJECT TEAM Survey Manager 2019 Supplementary Discretionary (XC)Non-AIP Eligible PROJECT FUNDING BREAKDOWN Normal AIP 2018 Supplementary Discretionary (XB) Subconsultant (HWA) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) Subconsultant (Elcon) \\RED-FS\Red-projects\23\15001-02\10PM\10.1 Scope and Fee\EXHIBIT B - 2020 Airport Improvements Fee Estimate_2019-12-17.xlsx Required Contact Provisions Issued on January 29, 2016 Page i AIP Grants and Obligated Sponsors Airports (ARP) FAA Airports Required Contract Provisions for Airport Improvement Program and for Obligated Sponsors Contents Record of Changes ....................................................................................................................................... iii Requirements ................................................................................................................................................ 1 Required Contract Provisions ....................................................................................................... 1 1. Sponsor Requirements .................................................................................................................. 1 2. Incorporation of Provisions ........................................................................................................... 1 3. Requests for Bids (Advertisement) and Notice to Bidders ........................................................... 2 4. Requirements For All Contracts Entered into by Obligated Sponsors. ......................................... 2 5. Failure to Comply with Provisions ................................................................................................ 2 6. Applicability Matrix for Contract Provisions ................................................................................. 2 7. APPENDIX A – CONTRACT PROVISIONS ........................................................................................................ 4 A1 ACCESS TO RECORDS AND REPORTS ............................................................................................. 4 A2 AFFIRMATIVE ACTION REQUIREMENT .......................................................................................... 5 A3 BREACH OF CONTRACT TERMS ..................................................................................................... 7 A4 BUY AMERICAN PREFERENCE ....................................................................................................... 8 A5 CIVIL RIGHTS - GENERAL ............................................................................................................. 14 A6 CIVIL RIGHTS – TITLE VI ASSURANCE ........................................................................................... 16 A7 CLEAN AIR AND WATER POLLUTION CONTROL .......................................................................... 24 A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ................................ 25 A9 COPELAND “ANTI-KICKBACK” ACT .............................................................................................. 27 A10 DAVIS-BACON REQUIREMENTS .................................................................................................. 29 A11 DEBARMENT AND SUSPENSION ................................................................................................. 36 A12 DISADVANTAGED BUSINESS ENTERPRISE ................................................................................... 38 A13 DISTRACTED DRIVING ................................................................................................................. 41 A14 ENERGY CONSERVATION REQUIREMENTS ................................................................................. 42 Required Contact Provisions Issued on January 29, 2016 Page ii AIP Grants and Obligated Sponsors Airports (ARP) A15 EQUAL EMPLOYEMENT OPPORTUNITY (E.E.O.) ......................................................................... 43 A16 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ....................................... 50 A17 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ................................................................ 51 A18 PROHIBITION of SEGREGATED FACILITIES .................................................................................. 52 A19 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 .................................................................. 54 A20 PROCUREMENT OF RECOVERED MATERIALS ............................................................................. 55 A21 RIGHT TO INVENTIONS ............................................................................................................... 57 A22 SEISMIC SAFETY .......................................................................................................................... 58 A23 TERMINATION OF CONTRACT..................................................................................................... 59 A24 TRADE RESTRICTION CERTIFICATION .......................................................................................... 63 A25 VETERAN’S PREFERENCE ............................................................................................................. 65 Required Contact Provisions Issued on January 29, 2016 Page iii AIP Grants and Obligated Sponsors Airports (ARP) R ECORD OF C HANGES No. Date Item Change 1 1/29/2016 Entire Document Re-structured document to enhance user understanding of use and applicability; added suggested provisions for “Termination for Cause”, “Recovered Materials”, “Seismic Safety”. 2 6/10/2016 Table 1 Item 10, Distracted Driving: Updated “Dollar Threshold” to $3,500 to reflect current micro-purchase threshold. 2 6/10/2016 A2, Affirmative Action Update the reference to the Department of Labor online document to be “Participation Goals for Minority and Females” 2 6/10/2016 A12, Disadvantaged Business Enterprise A12.3: Changed Title to “Required Provisions” A12.3.1: Corrected starting timeframe for submitting written confirmation from “Owner Notice of Award” to “bid opening” A12.3.1: Provided two sets of last paragraphs to reflect change (7 days to 5 days) that occurs on December 31, 2016. A12.3.2: Moved Race/Gender Neutral language up and renamed heading to reflect text is solicitation language. A12.3.3: Moved and renamed contract clause information and clarified it is for prime contract covered by a DBE program. Required Contact Provisions Issued on January 29, 2016 Page 1 AIP Grants and Obligated Sponsors Airports (ARP) R EQUIREMENT S Required Contract Provisions 1. Federal laws and regulations require that recipients of federal assistance (Sponsors) include specific contract provisions in certain contracts, requests for proposals, or invitations to bid. Certain provisions must be included in all sponsor contracts, regardless of whether or not the contracts are federally-funded. This requirement was established when a sponsor accepted the Airport Improvement Program (AIP) grant assurances. To maintain eligibility of their procurement actions, a sponsor must incorporate applicable contract provisions in all federally-assisted procurement and contract documents, including all subcontracts. For purposes of determining requirements for contract provisions, the term contract includes subcontracts. Sponsor Requirements 2. In general, the sponsor must: 1) Incorporate applicable contract provisions in each contract funded under AIP; a. Except as noted herein, a sponsor must physically incorporate the text of the provision within the procurement documents. b. Where specifically noted, sponsors may incorporate select provisions by reference provided the sponsor indicates that the reference has the same force and effect as if given in full text. 2) Require the contractor (including all subcontractors) to insert these contract provisions in each lower tier contracts ( e.g. subcontract or sub-agreement); 3) Require the contractor (or subcontractor) to incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 4) Require that the prime contractor be responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider; 5) Verify that any required local or State provision does not conflict with, or alter a Federal law or regulation. Incorporation of Provisions 3. The statutes and regulations that establish the requirements for contract provisions do not always specify language the sponsor must use to address the requirement. Appendix A of this guide provides information on when a provision or clause has mandatory language that a sponsor must apply. Refer to the subheading Applicability for each provision. Whenever a clause or provision has mandatory text, the sponsor must incorporate the text of the provision without change. The only exception to this restriction is for those instances within the provision text that require the sponsor to insert appropriate information such as name or value. To align with the sponsor’s standard contract language, the word “Owner” may also be replaced with “Airport Required Contact Provisions Issued on January 29, 2016 Page 2 AIP Grants and Obligated Sponsors Airports (ARP) Authority” or their standard method of referring to the sponsor in contracts. Any modification beyond what is specifically permitted is not permitted and may invalidate the clause. For those provisions that do not have required language, this guidance provides model language acceptable to the FAA in meeting the intent and purpose of the law or regulation. Some sponsors may already have standard procurement language that is equivalent to those Federal provisions that do not have explicit mandatory language. In these cases, sponsors may use their existing standard procurement provision language provided the text meets the intent and purpose of the Federal law or regulation. Contract clause language must be made available to bidders. The Sponsor does this by including the required language in Requests for Bids, Notices to Bidders, or in the contract. Requests for Bids (Advertisement) and Notice to Bidders 4. The sponsor may incorporate certain provisions by reference in the Request for Bids (the Advertisement) rather than including the entire text of the provision in the Request or Notice to Bidders. The sponsor must incorporate the full text of these provisions within any contract that originates from the procurement action. The provisions that can be incorporated by reference in the Request or Notice are: 1) Buy American Preference 2) Foreign Trade Restriction 3) Davis Bacon 4) Affirmative Action 5) Government-wide Debarment and Suspension 6) Government-wide Requirements for Drug-free Workplace Requirements For All Contracts Entered into by Obligated Sponsors . 5. A sponsor’s acceptance of previous grant assurances obligates them to include certain notifications in all contracts and procurement actions they undertake regardless of funding source. Contracts and agreements fully funded by the sponsor must incorporate those select provisions. Failure to Comply with Provisions 6. Sponsor failure to incorporate required provisions will jeopardize AIP eligibility of the sponsor’s project. Contractor failure to comply with the terms of these contract provisions may be sufficient grounds to: 1) Withhold progress payments or final payment; 2) Terminate the contract for cause; 3) Seek suspension/debarment; or 4) Take other action determined to be appropriate by the sponsor or the FAA. Applicability Matrix for Contract Provisions 7. Table 1 summarizes the applicability of contract provisions based upon the type of contract or agreement. The dollar threshold represents the value at which, when equal to or exceeded, the sponsor must incorporate the provision in their contract or agreement. Supplemental information addressing applicability and use for each provision is located in Appendix A. Required Contact Provisions Issued on January 29, 2016 Page 3 AIP Grants and Obligated Sponsors Airports (ARP) Meaning of cell values  REQD - a provision the sponsor must incorporate in their procurement action.  Limited –a provision with limited applicability depending on circumstances of the procurement.  n/a – a provision that is not applicable for that procurement type. Table 1 – Applicability of Provisions Provision Dollar Threshold Professional Services Construction Equipment Property (Land) Non-AIP Contracts a. Access to Records and Reports $ 0 REQD REQD REQD REQD n/a b. Buy American Preferences $ 0 Limited REQD REQD Limited n/a (1) Buy American Statement $ 0 Limited REQD REQD Limited n/a (2) Buy American – Total Facility $ 0 Limited REQD REQD Limited n/a (3) Buy American – Manufactured Product $ 0 Limited REQD REQD Limited n/a c. Civil Rights – General $ 0 REQD REQD REQD REQD REQD d. Civil Rights - Title VI Assurances $ 0 REQD REQD REQD REQD REQD (1) Notice - Solicitation $ 0 REQD REQD REQD REQD REQD (2) Clause - Contracts $ 0 REQD REQD REQD REQD REQD (3) Clause – Transfer of U.S. Property $ 0 n/a n/a n/a REQD REQD (4) Clause – Transfer of Real Property $ 0 n/a n/a n/a REQD REQD (5) Clause - Construct/Use/Access to Real Property $ 0 n/a n/a n/a REQD REQD (6) List – Pertinent Authorities $0 REQD REQD REQD REQD REQD e. Disadvantaged Business Enterprise $ 0 REQD REQD REQD REQD n/a f. Energy Conservation Requirements $ 0 REQD REQD REQD REQD n/a g. Federal Fair Labor Standards Act $ 0 REQD REQD REQD REQD REQD h. Occupational Safety and Health Act $ 0 REQD REQD REQD REQD REQD i. Rights to Inventions $ 0 Limited Limited Limited n/a n/a j. Trade Restriction Certification $ 0 REQD REQD REQD REQD n/a k. Veteran’s Preference $ 0 REQD REQD REQD REQD n/a l. Seismic Safety $ 0 Limited Limited n/a n/a n/a m. Copeland Anti-Kickback $ 2,000 Limited REQD Limited Limited n/a n. Davis Bacon Requirements $ 2,000 Limited REQD Limited Limited n/a o. Distracted Driving $3,500 REQD REQD REQD REQD n/a p. Affirmative Action Requirement $10,000 Limited REQD Limited Limited n/a q. Equal Employment Opportunity $10,000 Limited REQD Limited Limited n/a (1) EEO Contract Clause $10,000 Limited REQD Limited Limited n/a (2) EEO Specification $10,000 Limited REQD Limited Limited n/a r. Prohibition of Segregated Facilities $10,000 Limited REQD Limited Limited n/a s. Recovered Materials $10,000 Limited REQD REQD Limited n/a t. Termination of Contract $10,000 REQD REQD REQD REQD n/a u. Debarment and Suspension $25,000 REQD REQD REQD Limited n/a v. Contract Work Hours and Safety Standards $100,000 Limited REQD Limited Limited n/a w. Lobbying Federal Employees $ 100,000 REQD REQD REQD REQD n/a x. Breach of Contract $150,000 REQD REQD REQD REQD n/a y. Clean Air/Water Pollution Control $150,000 REQD REQD REQD REQD n/a Required Contact Provisions Issued on January 29, 2016 Page 4 AIP Grants and Obligated Sponsors Airports (ARP) A PPENDIX A – CONTRACT PROVISIONS A1 ACCESS TO RECORDS AND REPORTS A1.1 SOURCE 2 CFR § 200.333 2 CFR § 200.336 FAA Order 5100.38 A1.2 APPLICABILITY 2 CFR § 200.333 requires a sponsor to retain records pertinent to a Federal award for a period of three years from submission of final closure documents. 2 CFR § 200.336 establishes that sponsors must provide Federal entities the right to access records pertinent to the Federal award. FAA policy extends these requirements to the sponsor’s contracts and subcontracts of AIP funded projects. Contract Types – The sponsor must include this provision in all contracts and subcontracts of AIP funded projects. Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of part 200. A1.3 CONTRACT CLAUSE ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor 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. Required Contact Provisions Issued on January 29, 2016 Page 5 AIP Grants and Obligated Sponsors Airports (ARP) A2 AFFIRMATIVE ACTION REQUIREMENT A2.1 S OURCE 41 CFR part 60-4 Executive Order 11246 A2.2 APPLICABILITY Minority Participation. Sponsors are required to set goals for minority participation in AIP funded projects. The goals for minority participation depend on Economic Area (EA) and Standard Metropolitan Statistical Area (SMSA) as established in Volume 45 of the Federal Register dated 10/3/80. Page 65984 contains a table of all EAs and SMSAs and the associated minority participation goals. To find the goals for minority participation, a sponsor must either refer to the Federal Register Notice or to the Department of Labor online document, “Participation Goals for Minorities and Females”. EA’s and SMSA’s cross state boundaries so a sponsor may have to refer to entries for adjacent states to find their project location. A sponsor must insert the applicable percentage minority goal. Sponsor must not simply insert a reference to the Federal Register Notice. Female Participation. Executive Order 11246 has set a goal of 6.9% nationally for female participation for all construction contractors. This value does not change per county or state. Contract Types – Construction: The sponsor must incorporate this notice in all solicitations for bids or requests for proposals for AIP funded construction work contracts and subcontracts that exceed $10,000. Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. Equipment: The sponsor must incorporate this notice in any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g. electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g. firefighting and snow removal vehicles) Professional Services: The sponsor must incorporate this notice in any professional service agreement if the professional service agreement includes construction work (as defined above) that exceed $10,000. Examples include installation of noise monitoring systems. Property/Land: The sponsor must incorporate this notice in any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing. Required Contact Provisions Issued on January 29, 2016 Page 6 AIP Grants and Obligated Sponsors Airports (ARP) Use of Provision – The sponsor must incorporate the text of this provision without modification. The sponsor must incorporate the established minority participation goal and the covered area by geographic name within the provision text. A2.3 CONTRACT CLAUSE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to ENSURE EQUAL EMPLOYMENT OPPORTUNITY 1. The Offeror's or Bidder’s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade: [sponsor must insert established goal] Goals for female participation in each trade: 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is [sponsor must insert state, county, and city]. Required Contact Provisions Issued on January 29, 2016 Page 7 AIP Grants and Obligated Sponsors Airports (ARP) A3 BREACH OF CONTRACT TERMS A3.1 SOURCE 2 CFR § 200 Appendix II(A) A3.2 APPLICABILITY This provision requires sponsors to incorporate administrative, contractual or legal remedies if contractors violate or breach contract terms. The sponsor must also include appropriate sanctions and penalties. Contract Types – This provision is required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation, and is now equal to $150,000. Use of Provision – The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of part 200. Select either “contractor” or “consultant” as applicable. A3.3 CONTRACT CLAUSE BREACH OF CONTRACT TERMS 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 [Contractor | Consultant] written notice that describes the nature of the breach and corrective actions the [Contractor | Consultant] must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the [Contractor | Consultant] must correct the breach. Owner may proceed with termination of the contract if the [Contractor | 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. Required Contact Provisions Issued on January 29, 2016 Page 8 AIP Grants and Obligated Sponsors Airports (ARP) A4 BUY AMERICAN PREFERENCE A4.1 SOURCE Title 49 USC § 50101 A4.2 APPLICABILITY The Buy-American Preference requirement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States. The statute gives the FAA the ability to issue a waiver to a sponsor to use non-domestic material on the AIP funded project. The sponsor may request that the FAA issue a waiver from the Buy American Preference requirements if the FAA finds that: 1) Applying the provision is not in the public interest; 2) The steel or manufactured goods are not available in sufficient quantity or quality in the United States; 3) The cost of components and subcomponents produced in the United States is more than 60 percent of the total components of a facility or equipment, and final assembly has taken place in the United States. Items that have an FAA standard specification item number (such as specific airport lighting equipment) are considered the equipment. 4) Applying this provision would increase the cost of the overall project by more than 25 percent. Timing of Waiver Requests. The sponsor must submit Type 1 or Type 2 waiver requests before issuing a solicitation for bids or a request for proposal for a project. The sponsor must submit Type 3 or Type 4 waiver requests prior to executing the contract. The FAA will generally not consider waiver requests after execution of the contract except where extraordinary only if extenuating circumstances exist. The FAA cannot review incomplete waiver requests or requests that the Sponsor has not reviewed for adequacy. Sponsor must assess the adequacy of the waiver request before forwarding the request to the FAA. Buy American Conformance List. The FAA Office of Airports maintains a listing of equipment that has received National waivers from the Buy American Preference requirements or that fully meet the Buy American requirements. This Buy American Conformance List is available online at www.faa.gov/airports/aip/buy_american/. Products listed on the Buy American Conformance list do not require a project specific Buy American Preference requirement waiver from the FAA. Facility Waiver Requests. For construction of a facility, the sponsor may submit the waiver request after bid opening, but prior to contract execution. Examples of facility construction include terminal buildings, terminal renovation, and snow removal equipment buildings. Contract Types – Construction and Equipment - The sponsor must meet the Buy American Preference requirements of 49 USC § 50101 for all AIP funded projects that require steel or manufactured goods. The Buy America requirements flow down from the sponsor to first tier contractors, who Required Contact Provisions Issued on January 29, 2016 Page 9 AIP Grants and Obligated Sponsors Airports (ARP) are responsible for ensuring that lower tier contractors and subcontractors are also in compliance. Note: the Buy American Preference does not apply to equipment a contractor uses as a tool of their trade and does not remain as part of the project. Professional Services – Professional service agreements (PSA) do not normally result in a deliverable that meets the definition of a manufactured product. However, the emergence of different project delivery methods has created situations where task deliverables may include a manufactured product. If a PSA includes providing a manufactured good as part of the contract, the sponsor must include the Buy American Preference provision in the agreement. Property – Most land transactions do not involve acquiring a manufactured product. However, under certain circumstances, a property acquisition project could result in the installation of a manufactured product. For example, the installation of property fencing, gates, doors and locks, etc. represent manufactured products acquired under the AIP funded project that must meet the Buy American Preference. Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s revised language must fully comply with 49 USC § 50101. There are two types of Buy American certifications. The sponsor must incorporate the appropriate “Certificate of Buy America Compliance” in the solicitation:  Projects for a facility (Buildings such as Terminal, SRE, ARFF, etc.) – Insert the Certificate of Compliance Based on Total Facility  Projects for non-facility development (non-building construction projects such as runway or roadway construction; or equipment acquisition projects) – Insert the Certificate of Compliance Based on Equipment and Materials Used on the Project. A4.3 CONTRACT CLAUSE A4.3.1 Buy American Preference Statement BUY AMERICAN PREFERENCE The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. Required Contact Provisions Issued on January 29, 2016 Page 10 AIP Grants and Obligated Sponsors Airports (ARP) A4.3.2 Certificate of Buy American Compliance – Total Facility CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR TOTAL FACILITY As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e. not both) by inserting a checkmark () or the letter “X”.  Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by: a) Only installing steel and manufactured products produced in the United States; or b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic products. 3. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.  The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To furnish US domestic product for any waiver request that the FAA rejects. 5. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver - The cost of components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the “facility”. The required documentation for a type 3 waiver is: a) Listing of all manufactured products that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and Required Contact Provisions Issued on January 29, 2016 Page 11 AIP Grants and Obligated Sponsors Airports (ARP) products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location. c) Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location. Type 4 Waiver – Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Company Name Title Required Contact Provisions Issued on January 29, 2016 Page 12 AIP Grants and Obligated Sponsors Airports (ARP) A4.3.3 Certificate of Buy American Compliance – Manufac tured Product Certificate of Buy American Compliance for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark () or the letter “X”.  Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.  The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the “item”. The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Required Contact Provisions Issued on January 29, 2016 Page 13 AIP Grants and Obligated Sponsors Airports (ARP) Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver – Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Company Name Title Required Contact Provisions Issued on January 29, 2016 Page 14 AIP Grants and Obligated Sponsors Airports (ARP) A5 CIVIL RIGHTS - GENERAL A5.1 SOURCE 49 USC § 47123 A5.2 APPLICABILITY Note: This provision is in addition to the Civil Rights – Title VI provisions. Contract Types – The General Civil Rights Provisions found in 49 USC § 47123, derived from the Airport and Airway Improvement Act of 1982, Section 520, apply to all sponsor contracts regardless of funding source. Use of Provision – There are two versions of this provision. One applies to sponsor contracts and the other applies to sponsor lease agreements and transfer agreements. The sponsor must incorporate the text of the appropriate provision without modification. A5.3 CONTRACT CLAUSE A5.3.1 Sponsor Contracts GENERAL CIVIL RIGHTS PROVISIONS The contractor 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 contractor and 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. A5.3.2 Sponsor Lease Agreements and Transfer Agreements GENERAL CIVIL RIGHTS PROVISIONS The tenant/concessionaire/lessee and its transferee agree 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 obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program. In cases where Federal assistance provides, or is in the form of personal property; real property or interest therein; structures or improvements thereon, this provision obligates the party or any transferee for the longer of the following periods: Required Contact Provisions Issued on January 29, 2016 Page 15 AIP Grants and Obligated Sponsors Airports (ARP) (a) The period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) The period during which the airport sponsor or any transferee retains ownership or possession of the property. Required Contact Provisions Issued on January 29, 2016 Page 16 AIP Grants and Obligated Sponsors Airports (ARP) A6 CIVIL RIGHTS – TITLE VI ASSURANCE A6.1 SOURCE 49 USC § 47123 FAA Order 1400.11 A6.2 APPLICABILITY Title VI of the Civil Rights Act of 1964, as amended, (Title VI) prohibits discrimination on the grounds of race, color, or national origin under any program or activity receiving Federal financial assistance. Sponsors must include appropriate clauses from the Standard DOT Title VI Assurances in all contracts and solicitations. The clauses are as follows: A6.2.1 Applicability of Title VI Solicitation Notice Contract Clause The Sponsor must include the contract clause in: Clause Text is Included in Paragraph Title VI Solicitation Notice 1) All solicitations for bids, requests for proposals work, or material subject to the nondiscrimination acts and regulations made in connection with Airport Improvement Program grants; and 2) All proposals for negotiated agreements regardless of funding source. A6.3.1 Title VI Clauses for Compliance with Nondiscrimination Requirements Every contract or agreement, unless the sponsor has determined and the FAA concurs, that the contract or agreement is not subject to the Nondiscrimination Acts and Authorities A6.3.2 Title VI Required Clause for Property Interests Transferred from the United States As a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. A6.3.3 Title VI Required Clause for Transfer of Real Property Acquired or Improved Under the Activity, Facility or Program As a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the sponsor with other parties for all transfers of real property acquired or improved under the activity, facility, or program A6.3.4 Required Contact Provisions Issued on January 29, 2016 Page 17 AIP Grants and Obligated Sponsors Airports (ARP) Contract Clause The Sponsor must include the contract clause in: Clause Text is Included in Paragraph A6.3.5 A6.3.6 A6.3 CONTR ACT CLAUSE A6.3.1 Title VI Solicitation Notice Title VI Solicitation Notice: The (Name of Sponsor), 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. Required Contact Provisions Issued on January 29, 2016 Page 18 AIP Grants and Obligated Sponsors Airports (ARP) A6.3.2 Title VI Clauses for Compliance with Nondiscrimination Requirements Compliance with Nondiscrimination Requirements During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) 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. 2. Non-discrimination: The contractor, 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 contractor 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. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor 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 contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The contractor 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 Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor 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. 5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non- discrimination 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: a. Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor 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 contractor 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 contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. A6.3.3 Title VI Clauses for Deeds Transferring United States Property CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of the Airport Improvement Program grant assurances. NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the condition that the (Title of Sponsor) will accept title to the lands and maintain the project constructed thereon in accordance with (Name of Appropriate Legislative Authority), for the (Airport Improvement Program or other program for which land is transferred), and the policies and procedures prescribed by the Federal Aviation Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the (Title of Sponsor) all the right, title and interest of the U.S. Department of Transportation/Federal Aviation Administration in and to said lands described in (Exhibit A attached hereto or other exhibit describing the transferred property) and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto (Title of Sponsor) and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the (Title of Sponsor), its successors and assigns. The (Title of Sponsor), in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the (Title of Sponsor) will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Required Contact Provisions Issued on January 29, 2016 Page 20 AIP Grants and Obligated Sponsors Airports (ARP) Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the Federal Aviation Administration and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) Required Contact Provisions Issued on January 29, 2016 Page 21 AIP Grants and Obligated Sponsors Airports (ARP) A6.3.4 Title VI Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, or Program CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the (Title of Sponsor) pursuant to the provisions of the Airport Improvement Program grant assurances. A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, (Title of Sponsor) will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the (Title of Sponsor) will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the (Title of Sponsor) and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Required Contact Provisions Issued on January 29, 2016 Page 22 AIP Grants and Obligated Sponsors Airports (ARP) A6.3.5 Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, F acility or Program CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by (Title of Sponsor) pursuant to the provisions of the Airport Improvement Program grant assurances. A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the List of discrimination Acts And Authorities. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above nondiscrimination covenants, (Title of Sponsor) will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, (Title of Sponsor) will there upon revert to and vest in and become the absolute property of (Title of Sponsor) and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Required Contact Provisions Issued on January 29, 2016 Page 23 AIP Grants and Obligated Sponsors Airports (ARP) A6.3.6 Title VI List of Pertinent Nondiscrimination Acts a nd Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination 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);  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, sub- recipients 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 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). Required Contact Provisions Issued on January 29, 2016 Page 24 AIP Grants and Obligated Sponsors Airports (ARP) A7 CLEAN AIR AND WATER POLLUTION CONTROL A7.1 SOURCE 2 CFR § 200, Appendix II(G) A7.2 APPLICABILITY Contract Types – This provision is required for all contracts and lower tier contracts that exceed $150,000. Use of Provision – The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of Appendix II to 2 CFR §200. A7.3 CONTRACT CLAU SE CLEAN AIR AND WATER POLLUTION CONTROL Contractor 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 Contractor 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. Contractor must include this requirement in all subcontracts that exceeds $150,000. Required Contact Provisions Issued on January 29, 2016 Page 25 AIP Grants and Obligated Sponsors Airports (ARP) A8 CONTRACT WORKHOURS AND SAFETY STANDARD S ACT REQUIREMENTS A8.1 SOURCE 2 CFR § 200, Appendix II(E) A8.2 APPLICABILITY Contract Workhours and Safety Standards Act Requirements, (CWHSSA) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL's Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements Contract Types – Construction - This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen and guards. Equipment - This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g. electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g. ARFF and SRE vehicles) Professional Services - This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen and guards. This includes members of survey crews and exploratory drilling operations. Property – While most land transactions do not involve employment of laborers, mechanics, watchmen and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination Use of Provision – Sponsors must incorporate this text without modification. A8.3 CONTRACT CLAUSE CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a Required Contact Provisions Issued on January 29, 2016 Page 26 AIP Grants and Obligated Sponsors Airports (ARP) rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this clause. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. Required Contact Provisions Issued on January 29, 2016 Page 27 AIP Grants and Obligated Sponsors Airports (ARP) A9 COPELAND “ANTI -KICKBACK” ACT A9.1 SOURCE 2 CFR § 200, Appendix II(D) 29 CFR Parts 3 & 5 A9.2 APPLICABILITY and PURPOSE The Copeland (Anti-Kickback) Act (18 U.S.C. 874 and 40 U.S.C. 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week. Contract Types – Construction – This provision applies to all construction contracts and subcontracts financed under the AIP program that exceeds $2,000. Equipment – This provision applies to all equipment installation projects (e.g. electrical vault improvements) financed under the AIP program that exceeds $ 2, 000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g. SRE and ARFF vehicles) Professional Services - The emergence of different project delivery methods has created situations where Professional Service Agreements (PSA) includes tasks that meet the definition of construction, alteration or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision. Property - Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The sponsor must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000. Use of Provision – 29 CFR Part 5 establishes specific language a sponsor must use in construction contracts. The sponsor may not make any modification to the standard language. A/E firms that employ laborers and mechanics on a task that meets the definition of construction, alteration or repair are acting as a contractor. The sponsor may not substitute the term “contractor” for “consultant” in such instances. Required Contact Provisions Issued on January 29, 2016 Page 28 AIP Grants and Obligated Sponsors Airports (ARP) A9.3 CONTRACT CLAUSE COPELAND “ANTI-KICKBACK” ACT Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. Required Contact Provisions Issued on January 29, 2016 Page 29 AIP Grants and Obligated Sponsors Airports (ARP) A10 DAVIS -BACON REQUIREMENTS A10.1 SOURCE 2 CFR § 200, Appendix II(D) 29 CFR Part 5 A10.2 APPLICABILITY The Davis-Bacon Act ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor. Contract Types – Construction - Incorporate into all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP program. Equipment – This provision applies to all equipment installation projects (e.g. electrical vault improvements) financed under the AIP program that exceeds $ 2, 000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g. SRE and ARFF vehicles) Professional Services - The emergence of different project delivery methods has created situations where Professional Service Agreements (PSA) includes tasks that meet the definition of construction, alteration or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration or repair and it exceeds $2,000, the PSA must incorporate this clause. Property - Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The sponsor must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000. Fencing Projects - Fencing projects that exceed $2,000 must include this provision. Use of Provision – 29 CFR Part 5 establishes specific language a sponsor must use. The sponsor may not make any modification to the standard language. A/E firms that employ laborers and mechanics on a task that meets the definition of construction, alteration or repair are acting as a contractor. The sponsor may not substitute the term “contractor” for “consultant” in such instances. A10.3 CONTRACT CLAUSE DAVIS-BACON REQUIREMENTS 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any Required Contact Provisions Issued on January 29, 2016 Page 30 AIP Grants and Obligated Sponsors Airports (ARP) account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall Required Contact Provisions Issued on January 29, 2016 Page 31 AIP Grants and Obligated Sponsors Airports (ARP) refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2 Withholding. The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is Required Contact Provisions Issued on January 29, 2016 Page 32 AIP Grants and Obligated Sponsors Airports (ARP) enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Required Contact Provisions Issued on January 29, 2016 Page 33 AIP Grants and Obligated Sponsors Airports (ARP) (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications ma y subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an Required Contact Provisions Issued on January 29, 2016 Page 34 AIP Grants and Obligated Sponsors Airports (ARP) apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance With Davis-Bacon and Related Act Requirements. Required Contact Provisions Issued on January 29, 2016 Page 35 AIP Grants and Obligated Sponsors Airports (ARP) All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Required Contact Provisions Issued on January 29, 2016 Page 36 AIP Grants and Obligated Sponsors Airports (ARP) A11 DEBARMENT AND SUSPENSION A11.1 SOURCE 2 CFR part 180 (Subpart C) 2 CFR part 1200 DOT Order 4200.5 A11.2 APPLICABILITY The sponsor must verify that the firm or individual that it is entering into a contract with are not presently suspended, excluded or debarred by any Federal department or agency from participating in federally-assisted projects. The sponsor accomplishes this by: (1) checking the System for Award Management (SAM.gov) to verify that the firm or individual is not listed in SAM.gov as being suspended, debarred or excluded, (2) collecting a certification from the firm or individual that they are not suspended, debarred or excluded, and (3) incorporating a clause in the contract that requires lower tier contracts to verify that no suspended, debarred or excluded firm or individual are included in the project. Contract Types – This requirement applies to covered transactions, which are defined in 2 CFR part 180. AIP funded contracts are non-procurement transactions, as defined by §180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects. Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of 2 CFR part 180. For professional service agreements, sponsor may substitute bidder/offeror with consultant. A11.3 CONTRACT CLAUSE A11.3.1 Bidder or Offeror Certification CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. A11.3.2 Lower Tier Contract Certification CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not Required Contact Provisions Issued on January 29, 2016 Page 37 AIP Grants and Obligated Sponsors Airports (ARP) presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. Required Contact Provisions Issued on January 29, 2016 Page 38 AIP Grants and Obligated Sponsors Airports (ARP) A12 DI SADVANTAGED BUSINESS ENTERPRISE A12.1 SOURCE 49 CFR part 26 A12.2 APPLICABILITY and PURPOSE A sponsor that anticipates awarding $250,000 or more in AIP funded prime contracts in a federal fiscal year must have an approved Disadvantaged Business Enterprise (DBE) program on file with the FAA Office of Civil Rights (§26.21). The approved DBE program will identify a 3-year overall program goal that the sponsor bases on the availability of ready, willing and able DBEs relative to all businesses ready, willing and able to participate on the project (§26.45). Contract Types – Sponsors with a DBE program on file with the FAA must include the three following provisions, if applicable: Clause in all solicitations for proposals for which a contract goal has been established. Clause in each prime contract Clause in solicitations that are obtaining DBE participation through race/gender neutral means. Use of Provision – 1. Solicitations with a DBE Project Goal - 49 CFR §26.53 requires a sponsor’s solicitation to address what a contractor must submit on proposed DBE participation. This language is not required for projects where DBE participation is by race-gender neutral means. The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s revised language must fully these requirements. The sponsor may require the contractor’s submittal on proposed DBE participation either with the bid or within a specified timeframe after bidding. 2. Contracts Covered by DBE Program - Sponsors must incorporate this language if they have a DBE program on file with the FAA. This includes projects where DBE participation is obtained through race-gender neutral means (i.e. no project goal). Sections §26.13 and §26.29 establish mandatory language for contractor assurance and prompt payment. The sponsor must not modify the language. 3. The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s revised language must fully these requirements for a sponsor that is not applying a project specific contract goal but is covered by a DBE program on file with the FAA. 4. Sponsors that do not have a DBE program on file with the FAA are not required to include DBE provisions and clauses. Required Contact Provisions Issued on January 29, 2016 Page 39 AIP Grants and Obligated Sponsors Airports (ARP) A12.3 REQUI RED PROVISION S A12.3.1 Solicitation Language (Solicitations that include a Project Goal) The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. As a condition of bid responsiveness, the Bidder or Offeror must submit the following information with their proposal on the forms provided herein: (1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; (2) A description of the work that each DBE firm will perform; (3) The dollar amount of the participation of each DBE firm listed under (1) (4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal; (5) If Bidder or Offeror cannot meet the advertised project DBE goal; evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR Part 26. [Note: Contract bid dates on or prior to December 31, 2016, use the following language] The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in their commitment. This Bidder or Offeror must submit the DBE’s written confirmation of participation [“within 7 days after bid opening or “with the proposal documents as a condition of bid responsiveness”] [Note: Contract bid dates after December 31, 2016, use the following language] The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in their commitment. This Bidder or Offeror must submit the DBE’s written confirmation of participation [“within 5 days after bid opening or “with the proposal documents as a condition of bid responsiveness”] A12.3.2 Solicitation Language (Race/Gender Neutral Means) The requirements of 49 CFR part 26 apply to this contract. It is the policy of the [Insert Name of Owner] to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. A12.3.3 Prime Contracts (Projects c overed by DBE Program) DISADVANTAGED BUSINESS ENTERPRISES Required Contact Provisions Issued on January 29, 2016 Page 40 AIP Grants and Obligated Sponsors Airports (ARP) Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than {specify number} days from the receipt of each payment the prime contractor receives from {Name of recipient}. The prime contractor agrees further to return retainage payments to each subcontractor within {specify the same number as above} days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the {Name of Recipient}. This clause applies to both DBE and non-DBE subcontractors. Required Contact Provisions Issued on January 29, 2016 Page 41 AIP Grants and Obligated Sponsors Airports (ARP) A13 DIS TRACTED DRIVING A13.1 SOURCE Executive Order 13513 DOT Order 3902.10 A13.2 APPLICABILITY 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. Contract Types – Sponsors must insert this provision in all AIP funded contracts that exceed the micro- purchase threshold of 2 CFR §200.67 (currently set at $3,500). Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s revised language must fully these requirements. . A13.3 CONTRAC T CLAUSE TEXTING WHEN 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 Contractor 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 Contractor 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. Required Contact Provisions Issued on January 29, 2016 Page 42 AIP Grants and Obligated Sponsors Airports (ARP) A14 ENERGY CONSERVATION REQUIREMENTS A14.1 SO URCE 2 CFR § 200, Appendix II(H) A14.2 APPLICABILITY The Energy Conservation Requirements found in 2 CFR § 200 Appendix II(H) requires this provision on energy efficiency. Contract Types – The sponsor must include this provision in all AIP funded contracts and lower-tier contracts. Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s revised language must fully these requirements. Sponsor may substitute “contractor and subcontractor” with “consultant and sub-consultant” for professional service agreements. A14.3 CONTRACT CLAUSE ENERGY CONSERVATION REQUIREMENTS Contractor and Subcontractor 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). Required Contact Provisions Issued on January 29, 2016 Page 43 AIP Grants and Obligated Sponsors Airports (ARP) A15 EQUAL EMPLOYEMENT OPPORTUNI TY (E.E.O.) A15.1 SOURCE 2 CFR 200, Appendix II(C) 41 CFR § 60-1.4 41 CFR § 60-4.3 Executive Order 11246 A15.2 APPLICABILITY The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally assisted construction contract. There are two provisions – a construction clause and a specification clause. The equal opportunity contract clause must be included in any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract. Contract Types – Construction – The sponsor must incorporate contract and specification language in all construction contracts and subcontracts as required above. Equipment - The sponsor must incorporate contract and specification language into all equipment contracts as required above that involves installation of equipment onsite (e.g. electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g. ARFF and SRE vehicles) Professional Services - The sponsor must include contract and specification language into all professional service agreements as required above. Property – The sponsor must include contract and specification language into all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing. Use of Provision – 41 CFR § 60-1.4 provides the mandatory contract language. 41 CFR § 60-4.3 provides the mandatory specification language. The sponsor must incorporate these clauses without modification. Required Contact Provisions Issued on January 29, 2016 Page 44 AIP Grants and Obligated Sponsors Airports (ARP) A15.3 MANDATORY CONTRACT CLAUSE A15.3.1 E.E.O. Contract Clause EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Required Contact Provisions Issued on January 29, 2016 Page 45 AIP Grants and Obligated Sponsors Airports (ARP) administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. A15.3.2 EEO Specification STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. Required Contact Provisions Issued on January 29, 2016 Page 46 AIP Grants and Obligated Sponsors Airports (ARP) 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. Required Contact Provisions Issued on January 29, 2016 Page 47 AIP Grants and Obligated Sponsors Airports (ARP) d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Required Contact Provisions Issued on January 29, 2016 Page 48 AIP Grants and Obligated Sponsors Airports (ARP) l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who Required Contact Provisions Issued on January 29, 2016 Page 49 AIP Grants and Obligated Sponsors Airports (ARP) fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Required Contact Provisions Issued on January 29, 2016 Page 50 AIP Grants and Obligated Sponsors Airports (ARP) A16 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) A16.1 SOURCE 29 U.S.C. § 201, et seq A16.2 APPLICABILITY The United States Department of Labor (DOL) Wage and Hour Division administers the Fair Labor Standards Act (FLSA). This act prescribes federal standards for basic minimum wage, overtime pay, record keeping and child labor standards. Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA. All consultants, sub-consultants, contractors and subcontractors employed under this federally assisted project must comply with the FLSA. Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the sponsor’s agreement with a professional services firm must include the FLSA provision. Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of 29 U.S.C. § 201.The sponsor must select contractor or consultant, as appropriate for the contract. A16.3 C ONTRACT CLAUSE 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 [contractor | consultant] has full responsibility to monitor compliance to the referenced statute or regulation. The [contractor | consultant] must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division Required Contact Provisions Issued on January 29, 2016 Page 51 AIP Grants and Obligated Sponsors Airports (ARP) A17 LOBBYING AN D INFLUENCING FEDERAL EMPLOYEES A17.1 SOURCE 31 U.S.C. § 1352 – Byrd Anti-Lobbying Amendment 2 CFR part 200, Appendix II(J) 49 CFR part 20, Appendix A A17.2 APPLICABILITY Consultants and contractors that apply or bid for an award of $100,000 or more must certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or another award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Contract Types – The sponsor must incorporate this provision into all contracts exceeding $100,000. Use of Provision – Appendix A to 49 CFR Part 20 prescribes language the sponsor must use. The sponsor must incorporate this provision without modification. A17.3 CONTRACT CLAUSE CERTIFICATION REGARDING LOBBYING The bidder or offeror certifies by signing and submitting this bid or proposal, 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 Bidder or Offeror, 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 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. Required Contact Provisions Issued on January 29, 2016 Page 52 AIP Grants and Obligated Sponsors Airports (ARP) 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. A18 PROHIBITION of SEGREGATED FACILITIES A18.1 SOURCE 41 CFR § 60 A18.2 APPLICABILITY The contractor must comply with the requirements of the E.E.O. clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract. Contract Types – AIP sponsors must incorporate the Prohibition of Segregated Facilities clause in any contract containing the Equal Employment Opportunity clause of 41 CFR §60.1. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause. Construction - Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle. Professional Services - Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60. Examples include the installation of noise monitoring equipment. Property/Land - Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60. Examples include demolition of structures or installation of boundary fencing. Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of 41 CFR § 60. Required Contact Provisions Issued on January 29, 2016 Page 53 AIP Grants and Obligated Sponsors Airports (ARP) A18.3 CONTRACT CLAUSE PROHIBITION of SEGREGATED FACILITIES (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. Required Contact Provisions Issued on January 29, 2016 Page 54 AIP Grants and Obligated Sponsors Airports (ARP) A19 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 A19.1 SOURCE 20 CFR part 1910 A19.2 APPLICABILITY Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The United States Department of Labor Occupational Safety & Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH. Use of Provision – The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of 20 CFR part 1910. A19.3 CONTRACT CLAUSE 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. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor 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. Required Contact Provisions Issued on January 29, 2016 Page 55 AIP Grants and Obligated Sponsors Airports (ARP) A20 PROCUREMENT OF RECOVERED MATERIALS A20.1 SOURCE 2 CFR § 200.322 40 CFR part 247 A20.2 APPLICABILITY Sponsors of AIP funded development and equipment projects must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Section 6002 emphasizes maximizing energy and resource recovery through use of affirmative procurement actions for recovered materials identified in the EPA guidelines. The requirements of § 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Contract Types – This provision applies to any contracts that include procurement of products where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000. Construction and Equipment – Include this provision in all construction and equipment projects Professional Services and Property – Include this provision if the agreement includes procurement of a product that exceeds $10,000 Use of Provision – The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of 2 CFR § 200. A20.3 CONTRACT CLAUSE Procurement of Recovered Materials Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, b) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/epawaste/conserve/tools/cpg/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: Required Contact Provisions Issued on January 29, 2016 Page 56 AIP Grants and Obligated Sponsors Airports (ARP) a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. Required Contact Provisions Issued on January 29, 2016 Page 57 AIP Grants and Obligated Sponsors Airports (ARP) A21 RIGHT TO INVENTIONS A21.1 SOURCE 2 CFR § 200, Appendix II(F) 37 CFR §401 A21.2 APPLICABILITY Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that includes performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment or professional service contracts unless the contract includes experimental, developmental or research work. Use of Provision – The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of Appendix II to 2 CFR part 200. A21.3 CONTRACT CLAUSE RIGHTS TO INVENTIONS Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental or research work. Required Contact Provisions Issued on January 29, 2016 Page 58 AIP Grants and Obligated Sponsors Airports (ARP) A22 SEISMIC SAFETY A22.1 SOURCE 49 CFR part 41 A22.2 APPLICABILITY Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program. Professional Services and Construction – Sponsor must incorporate this clause in any contract involved in the construction of new buildings or structural addition to existing buildings. Equipment – Sponsor must include this provision if the project involves construction or structural addition to a building such as an electrical vault project. Land – This provision will not typically apply to a property/land project. Use of Provision – The regulation does not prescribe mandatory language. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of 49 CFR part 41. A22.3 CONTRACT CLAUSE A22.3.1 Professional Service Agreements for Design Seismic Safety In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard which provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. A22.3.2 Construction Contracts Seismic Safety The contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. Required Contact Provisions Issued on January 29, 2016 Page 59 AIP Grants and Obligated Sponsors Airports (ARP) A23 TERMINATION OF CONTRACT A23.1 SOURCE 2 CFR § 200 Appendix II(B) FAA Advisory Circular 150/5370-10, Section 80-09 A23.2 APPLICABILITY Contract Types – All contracts and subcontracts in excess of $10,000 must address termination for cause and termination for convenience by the sponsor. The provision must address the manner (i.e. notice, opportunity to cure, and effective date) by which the sponsor’s contract will be affected and the basis for settlement (i.e. incurred expenses, completed work, profit, etc.). Use of Provision – Termination for Default - Section 80-09 of FAA Advisory Circular 150/5370-10 establishes standard language for Termination for Default under a construction contract. The sponsor must not make any changes to this standard language. Termination for Convenience – The sponsor must include a clause for termination for convenience. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of Appendix II to 2 CFR part 200. Equipment, Professional Services and Property – The sponsor may use their established clause language provided that it adequately addresses the intent of Appendix II(B) to Part 200, which addresses termination for fault and for convenience. A23.3 CONTRACT CLAUSE A23.3.1 Termination for Convenience Termination for Convenience (Construction & Equipment Contracts) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. Required Contact Provisions Issued on January 29, 2016 Page 60 AIP Grants and Obligated Sponsors Airports (ARP) 6. Take action as directed by the owner to protect and preserve property and work related to this contract that Owner will take possession. Owner agrees to pay Contractor for: a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and d) reasonable and substantiated expenses to the contractor directly attributable to Owner’s termination action Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. Termination for Convenience (Professional Services) 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. 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. 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. A23.3.2 Termination for Default Termination for Default (Construction) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies associated with Owner termination of this contract due default of the Contractor. Termination for Default (Equipment) The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor: 1. Fails to commence the Work under the Contract within the time specified in the Notice- to- Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; Required Contact Provisions Issued on January 29, 2016 Page 61 AIP Grants and Obligated Sponsors Airports (ARP) 3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions; 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; 6. Becomes insolvent or declares bankruptcy; If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner’s discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment. Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of Contractor default. Owner will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor's right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Owner issued the termination for the convenience the Owner. The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract. Termination for Default (Professional Services) 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; Required Contact Provisions Issued on January 29, 2016 Page 62 AIP Grants and Obligated Sponsors Airports (ARP) 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. 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. Required Contact Provisions Issued on January 29, 2016 Page 63 AIP Grants and Obligated Sponsors Airports (ARP) A24 TRADE RESTRICTION CERTIFICATION A24.1 SOURCE 49 USC § 50104 49 CFR part 30 A24.2 APPLICABILITY Unless waived by the Secretary of Transportation, sponsors may not use AIP funds on a product or service from a foreign country included in the current list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R) Contract Types – The trade restriction certification and clause applies to all AIP funded projects. Use of Provision – 49 CFR part 30 prescribes the language for this model clause. The sponsor must include this certification language in all contracts and subcontracts without modification. A24.3 CONTRACT CLAUSE TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror - 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 Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor 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 an Offeror or subcontractor: Required Contact Provisions Issued on January 29, 2016 Page 64 AIP Grants and Obligated Sponsors Airports (ARP) (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 provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor 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 Offeror 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 Contractor 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. Required Contact Provisions Issued on January 29, 2016 Page 65 AIP Grants and Obligated Sponsors Airports (ARP) A25 VETERAN’S PREFERENCE A25.1 SOURCE 49 USC § 47112(c) A25.2 APPLICABILITY Contract Types – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative and supervisory positions, applies to covered veterans (as defined under §47112(c)) only when they are readily available and qualified to accomplish the work required by the project. Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of 49 U.S.C. § 47112. A25.3 CONTRACT CLAUSE VETERAN’S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor 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. City of Arlington Council Agenda Bill Item: CA #7 Attachment F issued in 2014 and, most recently, a new NPDES permit was issued in November 2019. Conditions contained in the new NPDES permit require plant improvements to improve current operations, to add additional operations, and to add additional discharge monitoring. The City of Arlington contracted with BHC Engineers in 2019 to prepare and submit the necessary Department of Ecology Engineering Reports for the following improvements: Add permeate equalization basin for reclaimed water production Add improved sludge pumping system Add additional effluent monitoring and recording The BHC engineers working on this design are the same engineers who designed the 2010 improvements EXHIBIT A City of Arlington WRF Permeate Equalization and Digested Sludge Pumping Scope of Work 12/6/2019 Project Background The upgraded and expanded City of Arlington (City) Water Reclamation Facility (WRF) was completed in 2011. As part of this project, the City included a 12-inch pipeline from the existing effluent pump station to newly constructed wetlands, which provide nutrient uptake and treatment of stormwater. The purpose of this pipeline is to provide reclaimed water during the dry weather months to maintain the vegetation in the wetlands. At the time improvements to the WRF were being designed, the City was unsure of the timeline for use of reclaimed water, so some elements were removed from the design that would facilitate automation of reclaimed water production and delivery. Furthermore, current diurnal flow patterns and low flow limitations of the UV disinfection system do not facilitate steady production of reclaimed water. The City asked BHC Consultants, LLC (BHC) to identify and examine alternatives that facilitate reliable production of reclaimed water for delivery to the wetlands. This evaluation of alternatives was summarized in an engineering report that recommended utilizing the two unused membrane tanks for equalization of permeate flow during reclaimed water production and to minimize on/off cycles of UV disinfection reactors during low flow periods. The proposed improvements include conversion of two currently unused membrane tanks to equalization, modifications to permeate piping, addition of actuated valves to control routing of permeate flow into and out of the equalization tanks, addition of a pump to control flow out of the equalization tanks, level instrumentation for control of equalization volume, addition of new power and remote input/output panels to facilitate power and control of the new equipment, retrofitting actuators on existing valves to control discharge of effluent to the river or wetlands, modifications to MCC-3, and PLC programming and SCADA system upgrades to integrate the new equipment and control strategy. The City also asked BHC to evaluate alternatives for replacement of the existing double disc diaphragm digested sludge pumps with a type of pump that can handle greater suction head, allowing the digester tanks to be drawn down further. This evaluation of digested sludge pumping alternatives was summarized in a separate engineering report that recommended replacing the existing pumps with progressive cavity pumps. The proposed improvements include demolition of the existing pumps, modifications to the existing suction and discharge piping, installation of the new pumps, installation of instruments for pressure monitoring and run dry protection, modifications to MCC-1, and PLC programming and SCADA system upgrades to integrate the new equipment and revised control strategy. The recommended improvements from these evaluations are to be combined into a single project for design and construction. The design will also incorporate added instrumentation for EXHIBIT A monitoring effluent and reclaimed water quality, as required by the City’s current National Pollutant Discharge Elimination System (NPDES) permit. This includes relocation of the existing turbidimeter; installation of a new flow meter and vault to monitor flow of reclaimed water to the nearby constructed wetlands; addition of instruments to monitor pH, temperature and dissolved oxygen in the effluent; and PLC programming and SCADA system upgrades to integrate these new instruments and monitoring of effluent quality. Scope of Work BHC proposes the following Scope of W ork for design of the improvements mentioned above and associated bidding support services: 1. Project Management and QC This task includes project setup, client communications, design team coordination, invoicing and internal QC review of the design documents. BHC will enter the project into their accounting system, monitor project progress, coordinate the work between the different engineering disciplines, prepare invoices and conduct formal QA/QC review of the 90% submittal. BHC’s Project Manager will provide a single point of responsibility and communication with the City and regularly update the City on project status. 2. Site Visits and Workshops The following site visits and workshops listed below are anticipated as part of this Scope of Work. Each site visit is assumed to be 2 hours and concurrent with a workshop. The first site visit will include two representatives from BHC and second site visit will include three representatives from BHC. Each workshop is assumed to be 2 hours (plus time for travel and preparation) and include three representatives of BHC, except the first workshop will include only two representatives of BHC. For each workshop BHC will prepare an agenda and notes to document direction and decisions resulting from the meeting. Workshop notes will be provided in electronic format. • BHC will conduct a design kickoff workshop to review the scope and schedule, review the basis of design, discuss scheduling and coordination of site investigation activities, discuss permitting requirements, review preliminary equipment list and manufacturers used for the basis of design and review additional information needs. BHC will conduct and initial site visit concurrent with the design kickoff workshop. BHC will take field measurements, photographs, make digital scans, gather information from City staff, and verify existing conditions and equipment compared to record drawings. • BHC will conduct a 50% design review workshop to collect and discuss comments from the City on the 50% design submittal, review the Opinion of Probable Construction Cost (OPCC), and review the project schedule. BHC will conduct a second site visit concurrent with the 50% design workshop to review the proposed improvements to identify potential conflicts, verify critical dimensions, and confirm integration with existing structures and equipment. EXHIBIT A • BHC will conduct a 90% design review workshop to collect and discuss comments from the City on the 90% design submittal, discuss comments from the Washington State Department of Ecology (Ecology) on the 90% design submittal and responses to those comments, review the opinion of probable construction cost, and review the project schedule. 3. Permitting Support BHC will prepare a SEPA checklist concurrent with the 50% design effort. The City will be responsible for completing and overseeing the SEPA process. BHC will submit 90% design documents to Ecology for review and approval. Comments received from Ecology will be discussed during the 90% design review workshop, addressed in the final bid documents, and a list of responses to Ecology comments prepared and submitted to Ecology with the final bid documents for verification that the manner in which the comments were addressed is acceptable. 4. Bid Document Preparation BHC will prepare drawings and specifications for the proposed improvements. BHC will prepare 50% and 90% submittals for review by the City, address City comments on each and Ecology comments on the 90% submittal, and produce a final set of documents for bidding. Bid document preparation will include the following activities: • Prepare general, civil, demolition, mechanical, structural, electrical and instrumentation drawings. Time budgeted for preparation of the drawings is based on the City providing AutoCAD files of the 2011 record drawings and these being updated to match current BHC standards. The following is a list of anticipated drawings, which is the basis of the budget estimate (drawings in BOLD will be included in the 50% submittal): o G1 Cover Sheet, Location and Vicinity Map o G2 Index of Drawings, Legend and General Notes o G3 Abbreviations, Symbols and Designations o G4 Process Flow Diagram o G5 Design Criteria o G6 Hydraulic Profile o C1 Site Plan o D1 MBR Tanks No. 5 and 6 Demolition Plan o D2 MBR Tanks No. 5 and 6 Demolition Sections and Details o D3 Digested Sludge Pumping Demolition Plan and Sections o S1 Structural General Notes and Abbreviations o S2 Structural Details 1 o M1 Permeate Equalization Tanks Plan o M2 Permeate Equalization Tanks Sections o M3 Digested Sludge Pumping Plan and Sections o M4 Secondary Support Building Plan o M5 Pipe Penetrations and Supports o M6 Miscellaneous Details EXHIBIT A o E1 Electrical Symbols and Abbreviations o E2 Electrical Details o E3 MCC 1 One-Line Diagram o E4 MCC 3 One-Line Diagram (Partial) o E5 Panel Schedule and Load Calculations o E6 Conduit and Wire Schedule o E7 Flow Meter Vault Power and Control Plan o E8 Permeate Equalization Tanks Power and Control Plan o E9 Digested Sludge Pumping Power and Control Plan o E10 Secondary Support Building Power and Control Plan o E11 Equipment Wiring Diagrams o I1 P&ID Symbols and Abbreviations o I2 Permeate Equalization Tanks P&ID o I3 Digested Sludge Pumping P&ID o I4 Secondary Support Building P&ID o I5 SCADA Network Diagram o I6 Valve Actuator Remote I/O Panel Layout o I7 Valve Actuator Remote I/O Panel Diagram o I8 Instrument Details • Prepare bid specifications. The 50% specifications will consist of a table of contents, construction sequence specification, drafts of major equipment specifications and control narratives in CSI format. These CSI formatted specifications (Divisions 1 – 17) will be referenced and included as Special Provisions to the WSDOT Standard Specifications referenced in the City’s standard front end (Division 0) documents. The 90% specifications will incorporate comments received on the 50% specifications, include drafts of the remaining technical specifications and edits to the City’s standard front end documents. The following is a list of anticipated specifications, which is the basis of the engineering budget estimate (specifications in BOLD will be included in the 50% submittal): o Table of Contents o Division 0 Front End Documents o 01010 General Requirements o 01025 Measurement and Payment o 01040 Construction Constraints and Sequence o 01300 Submittals o 01400 Testing and Quality Control o 01500 Construction Facility and Temporary Controls o 01660 Facility Startup and Testing o 01710 Closeout Procedures o 01730 Operation and Maintenance Data o 02050 Demolition o 02535 Precast Vaults o 03002 Cast-in-Place Concrete and Reinforcing Steel o 03600 Grout o 09920 Protective Coatings o 11010 Equipment General Provisions o 11307 Self-Priming Centrifugal Pumps o 11318 Progressive Cavity Pumps EXHIBIT A o 11501 Electric Actuators o 15010 Mechanical General Provisions o 15051 Coding and Identification o 15060 Process Pipe o 15070 Piping Appurtenances o 15075 Pipe Support Systems o 15100 Valves o 15302 Stainless Steel Slide Gates o 16010 Electrical Work – General o 16020 Identification for Electrical Systems o 16110 Raceways and Boxes for Electrical Systems o 16120 Conductors and Cables o 16140 Wiring Devices o 16180 Overcurrent and Short Circuit Protective Devices o 16190 Hangers and Supports for Electrical Systems o 16440 Panelboards o 16450 Grounding and Bonding for Electrical Systems o 16910 Variable Frequency Drives o 16940 Control Panels o 17010 Instrumentation and Controls General Requirements o 17110 Analytical Instruments o 17111 Sample Pump o 17120 Flow Measurement o 17140 Level Measurement o 17160 Temperature Measurement o 17500 Control Narratives • Prepare design milestone OPCCs based on the following American Association of Cost Engineering guidelines: o The 50% OPCC will reflect a Class 2 estimate (applicable for 30% to 75% design) with an expected accuracy range of -10% to +15%. o The 90% OPCC will reflect a Class 1 estimate (applicable for 65% to 100% design) with an expected accuracy range of -5% to +10%. • Provide electronic PDF copies of the 50% and 90% submittal drawings and specifications to the District and Ecology for review. Comments from the City and Ecology on the 90% submittal will be incorporated into the final bid documents. Final drawings and specifications will be provided as an electronically signed PDF files. 5. Services During Bidding BHC will organize and attend the pre-bid meeting, respond to bidder questions, prepare addenda, assist with evaluation of bids and advise the City on contract award. For budgetary purposes, it is assumed that three addenda will be prepared, two personnel from BHC will attend the pre-bid meeting, and the bid period will not exceed 4 weeks. The City will be responsible for advertisement, providing documents to bidders, maintaining the plan holder list, distributing addenda, and evaluating bid proposals. EXHIBIT A Schedule BHC will undertake to complete the Scope of Work based on the milestones listed below, assuming notice-to-proceed is provided by January 20, 2020. • Submittal of the 50% design submittal (drawings, specifications, OPCC, and project schedule) in April 2020. • Submittal of the 90% design submittal (drawings, specifications, OPCC, and project schedule) in June 2020. • Submittal of the final bid documents (stamped and signed drawings and specifications) in August 2020. Budget The budget for this Scope of Work is $215,709. BHC will be compensated on a time and materials basis per the attached budget estimate. Compensation shall not exceed the budgeted amount without prior authorization from the City. Exclusions The following items are not included in this Scope of Work, but may be added via a contract amendment at a later date at the discretion of the City: • Hard copies of the design review submittals, final bid documents, or other deliverables. All deliverables will be submitted electronically. • Site visits or workshops beyond those identified in the Scope of Work. • Permitting assistance beyond preparation of a SEPA checklist and coordinating Ecology review. If required, the City will be responsible for preparing and submitting the necessary building permit application and paying any required permit fees. The contractor will be responsible for procuring the required electrical permit. • Environmental reviews. • Amendments or updates to a general sewer plan or wastewater facility plan. • Addenda, meetings, site visits, drawings and specifications beyond those budgeted. • Assistance with pre-procurement of equipment. • Council briefings. • Geotechnical investigations or cultural resources survey. • Stormwater or drainage improvements. • Utility potholing. • Condition Assessments of existing equipment, structures, etc. • Preparation of a construction quality assurance plan (CQAP). This would be prepared as part of construction support services. • Preparation of conformed documents. These would be prepared as part of construction support services if desired. • Preparation of bid advertisement, advertisement of project, providing bid documents to bidders, maintaining plan holder list, distributing clarifications and addenda, and evaluating bid proposals. These are responsibilities of the City. EXHIBIT A • Bid support services if the project is re-bid. • Construction support services. • Programming services for programmable logic controllers or any other electrical devices. • Startup services. • Record drawings. EXHIBIT A EXHIBIT B CASCADE INDUSTRIAL CENTER UTILITY IMPROVEMENTS PROJECT CITY OF ARLINGTON PROPOSED FEE ESTIMATE ESTIMATED FEES Principal Engineer VI Professional Engineer IX Professional Engineer VI Engineering Designer II Technician IV Administrative III Administrative I Hours Labor Total Geotech TCL/TJP NPH/BVO CEH/TCW SEO HCM PLD JFW Task 101 - Project Management Task 101.1 - Project Status Reporting 8 8 416$ -$ -$ 416$ Task 101.2 - Staff Management 2 8 10 541$ -$ -$ 541$ Task 101.3 - Invoices and Budget Oversight 8 6 14 632$ -$ -$ 632$ Task 101.4 - Project Schedule 4 4 208$ -$ -$ 208$ Task 101.5 - Quality Assurance/Quality Control (QA/QC)8 8 659$ -$ 40$ 699$ Task 101.6 - Project Management Meetings 4 6 10 562$ -$ 100$ 662$ Task 101 Subtotal 8 6 34 0 0 6 0 54 3,017$ -$ -$ 140$ 3,157$ Task 201 - Data Collection and Utility Coordination Task 201.1 - Kick-off Meeting 2 4 4 10 475$ -$ 50$ 525$ Task 201.2 - Data Request List 1 2 3 123$ -$ -$ 123$ Task 201.3 - Review Data and Information 2 4 8 14 617$ -$ 10$ 627$ Task 201.4 - Utility Coordination and Analysis 8 16 24 984$ -$ -$ 984$ Task 201 Subtotal 0 4 17 30 0 0 0 51 2,198$ -$ -$ 60$ 2,258$ Task 202 - Preliminary Design Task 202.1 - Preliminary Design (30%) - Utility Improvements Task 202.1.1 - Plans (30% Completion Level)4 26 54 34 2 120 5,019$ -$ 612$ 5,631$ Task 202.1.2 - Engineer's Opinion of Probable Construction Cost 2 8 10 388$ -$ -$ 388$ Task 202.2 - Lift Station 12 - Downstream Evaluation Task 202.2.1 - Evaluate Downstream Impacts 2 8 36 20 4 2 72 3,468$ -$ 72$ 3,540$ Task 202 Subtotal 2 12 64 82 38 0 4 202 8,875$ -$ -$ 684$ 9,559$ Task 203 - Final Design (90% Design) Task 203.1 - Final Design (90%) - Utility Improvements Task 203.1.1 - 30% Review and Site Visit with City Staff 2 4 6 1 13 588$ -$ 68$ 656$ Task 203.1.2 - Plans, Specifications and Estimate (90%)6 32 64 38 3 143 6,007$ -$ 684$ 6,691$ Task 203 Subtotal 0 8 36 70 39 0 3 156 6,595$ -$ -$ 752$ 7,347$ Task 204 - Final Design (Signed Bid Package) Task 204.1 - Final Design (Signed Bid Package) - Utility Improvements Task 204.1.1 - 90% Review and Coordination Meeting with City Staff 2 4 6 1 13 588$ 68$ 656$ Task 204.1.2 - Plans, Specifications and Estimate (Bid Ready)4 24 35 16 3 82 3,499$ -$ 288$ 3,787$ Task 204 Subtotal 0 6 28 41 17 0 3 95 4,087$ -$ -$ 356$ 4,443$ Task 205 - Bidding Assistance Task 205.1 - Bidder Inquiries 2 6 2 10 508$ -$ -$ 508$ Task 205.2 - Addenda 2 4 4 2 2 14 611$ -$ 36$ 647$ Task 205 Subtotal 0 4 10 6 2 0 2 24 1,119$ -$ -$ 36$ 1,155$ Task 206 - Subconsultant Services Task 206.1 - Geotechnical (HWA)2 2 2 6 300$ 22,461$ 22,461$ -$ 22,761$ Task 206 Subtotal 0 2 2 2 0 0 0 6 300$ 22,461$ 22,461$ -$ 22,761$ TOTAL - ALL TASKS 10 42 191 231 96 6 12 588 26,191$ 22,461$ 22,461$ 2,028$ 50,680$ Subtotal Direct Salary Cost (DSC) 823 2,618 9,936 8,194 4,095 216 309 $ 26,191 Total Labor Cost (Overhead on DSC), 202.74% 2,492 7,926 30,080 24,807 12,397 654 935 $ 79,291 Total Fee (Total Labor Cost), 12% Profit plus Expenses 2,791 8,877 33,690 27,784 13,885 732 1,047 $ 88,806 $ 22,461 $ 2,028 $ 113,295 Total Fee $ 113,295 Subconsultants Subconsultant Total Expenses City of Arlington January 2020 G:\PDX_BD\Clients\Arlington, WA\Cascade Industrial Center Utility Improvements\Scope_Fee\Exh B - CIC Utility Imprvmt Fee Est - 2020-10-07 Murraysmith CIC Utility Improvements Page 1 EXHIBIT A City of Arlington Council Agenda Bill Item: NB #1 Attachment G COUNCIL MEETING DATE: January 21, 2020 SUBJECT: 2020 Innovation Center Remodel Project Award ATTACHMENTS: Bid Tabulation and draft contract DEPARTMENT OF ORIGIN Administration; Sarah Lopez, Community Revitalization Manager – 360-403-3448 EXPENDITURES REQUESTED: $303,357.60 BUDGET CATEGORY: Revitalization Program, Innovation Center Project BUDGETED AMOUNT: $311,379 LEGAL REVIEW: DESCRIPTION: Award of the 2020 Innovation Center Remodel Project to TRICO Companies, LLC HISTORY: The City budgeted in 2019 and 2020 for the Innovation Center remodel, expecting to go out for re-bid with engineered plans and an architect’s estimate. The estimate is $275,000. Since the construction will take place in 2020, the 2019 budgeted amount will be moved to the 2020 budget with the Finance Director’s budget modifications. The project was advertised and bids were received on December 18, 2019. The bid tabulation is attached with TRICO Companies, LLC being the qualified low bidder, with a bid of $277,800.00 Project Name: City of Arlington Innovation Center 12/18/2019 Bid Forms Bid Supplemental Non Subcontractor Contractor Name Base Bid With sales tax Contact Phone Signed Bidders Bond Certif.Bidder Collusion Listing Addenda Qualif.Form Debarment Responsility Form Affidavit w/in 1- hour TRICO Companies LLC 277,800.00$ 303,357.60$ Jason Solie 360-757-2373 yes yes yes yes yes yes yes Buntting Inc 307,000.00$ 335,244.00$ Leslie Buntting 425-308-9777 yes yes yes yes yes yes yes Coast Construction Group 341,661.60$ 373,094.46$ Trevor Gaskin 360-474-0600 yes yes yes yes yes yes yes James Company 349,122.00$ 381,241.22$ Eric Cavanaugh 360-863-3302 yes yes yes yes yes yes yes BCN Construction 394,249.00$ 430,519.90$ Bryce Niskanen 425-350-3148 yes yes yes yes yes yes yes Emtech, LLC 410,000.00$ 447,720.00$ David Reich 360-748-4891 yes yes yes yes yes yes yes CONSTRUCTION CONTRACT THIS CONTRACT, dated this 21st day of January , 2020, is by and between the City of Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and Trico Companies, LLC referred to as the CONTRACTOR. WHEREAS, the City desires to remodel the Innovation Center , and WHEREAS, the Contractor is qualified, willing and able to perform the necessary work. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it is mutually agreed as follows: 1.0 SERVICE BY CONTRACTOR Contractor agrees to perform in a workmanlike manner the services described in the following project specification: Innovation Center bid documents including: agreement, conditions, drawings, specifications, and addenda . These documents are on file with the Project Manager, a copy is held by the contractor, and by this reference incorporated herein. 2.0 TIME OF COMPLETION All work under this Agreement is to be done within 150 days of notice to proceed. CITY will suffer financial loss if the project is not substantially complete within that time frame. Contractor (and his or her surety) shall be liable for and shall pay to CITY (or the same shall be deducted from sums otherwise due and owing) the sum of Five Hundred Dollars ($500.00) per day as fixed, agreed, and liquidated damages for each calendar day of delay until the Work is substantially complete. 3.0 RESPONSIBILITY OF CONTRACTOR 3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for protection of workmen and the public; shall post danger signs warning against known or unusual hazards. 3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and material within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by the City and shall complete such work within a reasonable time. In emergencies where damage may result from Construction Contract Page 2 CONSTRUCTION CONTRACT -- 2 delay or where loss of services may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by Contractor. The Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractor’s work including, but not limited to, cost of materials and labor extended by the City in making emergency repairs and cost of engineer, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defect work and the Contractor shall defend any such claim at his own expense. Where materials or procedures are not specified in the contract, the City relies on the professional judgment of the Contractor to make appropriate selections. 3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised Code of Washington. 3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon a bona fide occupational qualification. 3.5 Employment Any and all employees of the Contractor while engaged in the performance of any work or services required by the Contractor under this agreement, shall be considered employees of the Contractor only and not of the City and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of the Contractor. 4.0 SUBCONTRACTOR RESPONSIBILITY 4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable, have: a. Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; Construction Contract Page 3 CONSTRUCTION CONTRACT -- 3 c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5.0 COMPENSATION 5.1 The City shall pay the Contractor for the services identified in this contract the total amount of $ 277,800.00 plus tax. Contractor shall submit monthly, for the City’s acceptance, a written Contract Project Estimate setting forth the quantities of work satisfactorily performed to date, and an invoice covering the contract price applicable to the work, unless otherwise directed. The City will, within 30 days after receipt of acceptable Contractor’s estimate and invoice, pay the Contractor the accepted progress invoice less actual accumulated amount previously paid. 5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 6.0 CITY'S RIGHT TO TERMINATE CONTRACT 6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter specified: a. If the Contractor should be adjudged bankrupt. b. If the Contractor should make a general assignment of benefit of his creditors. c. If a receiver should be appointed on the account of insolvency of the Contractor. d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the work. e. If the Contractor shall fail to complete the work within the time specified in the contract. f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or labor. g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State or municipal agencies or subdivisions thereof. h. If Contractor should persistently disregard instructions of Management, or otherwise be guilty of a substantial violation of the contract. 6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated for any reason not previously identified by either party by giving ten (10) days written notice to the other party. In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any further balance of the amount to be paid under this contract until the work shall have been fully finished. At such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the City to Contractor. If such expense and damages shall exceed the unpaid balance, Contractor and his surety Construction Contract Page 4 CONSTRUCTION CONTRACT -- 4 and each thereof shall be jointly and severally liable therefore to City and shall pay the difference to the City. Such expense and damage shall include all legal costs incurred by the City in employment of attorneys to protect the rights and interests of the City under the contract; provided such legal costs shall be reasonable. 7.0 OWNERSHIP OF DOCUMENTS 7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished or unfinished documents and material prepared by the Contractor with funds provided by this Agreement shall become the property of the City and shall be forwarded to the City at its request. 7.2 Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Agreement will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8.0 CLAIMS 8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of the contract must be made in writing to the City within thirty (30) days after the discovery of such damage, and in no event later than the time of approval by owner of final payment. Contractor, upon making applications for final payment, shall be deemed to have waived this right to claim for any other damages for which claim has not been made, unless such claim for final payment includes notice of additional claim and fully describes the alleged damage. 9.0 ASSIGNMENT 9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party. 10.0 MODIFICATION 10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in writing and properly signed by all parties thereto. 11.0 HOLD HARMLESS 11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting in whole or in part from negligent activities or omissions of the Contractor, its agents or other remuneration for services; and if a suit in respect to the Construction Contract Page 5 CONSTRUCTION CONTRACT -- 5 above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or settlement made requiring payment of damages by the City, which damages are based in whole or in part on the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same. 12.0 INSURANCE The Contractor’s required insurance shall be of the types and coverage as stated below: 12.1 Insurance required. Contractor shall maintain at all times the following insurance during the term of this agreement: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. b. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public Entity shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Public Entity using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 12.1 Minimum Limits of Insurance Contractor shall maintain limits no less than: The Contractor 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 and $2,000,000 products-completed operations aggregate limit. c. Builders Risk Insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. Construction Contract Page 6 CONSTRUCTION CONTRACT -- 6 12.2 The Policies are to contain, and be endorsed to contain the following provisions: a. General Liability, Builders Risk Insurance 1. The City, its officials, employees and volunteers are to be covered as additional insured as respect to liability arising out of activities performed by or on behalf of the Contractor. 2. Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of all policies shall not affect the coverage provided to the City, its officials, employees or volunteers. b. All Coverage Each insurance policy required by this clause shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 12.3 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XIII, or with an insurer acceptable to the City. 12.4 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certification for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.5 Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. 12.6 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and limits of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed until coverage is approved by Risk Manager. 12.7 Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 12.8 Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor to correct the breach, immediately terminate the contract or, at its 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 Contractor from the City. 13.0 Construction Contract Page 7 CONSTRUCTION CONTRACT -- 7 INDEPENDENT CONTRACTOR 13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF ARLINGTON, WASHINGTON: CONTRACTOR: By By City of Arlington Council Agenda Bill Item: NB #2 Attachment H COUNCIL MEETING DATE: January 21, 2020 SUBJECT: Request to Waive Building Permit Fees, Innovation Center Remodel Project ATTACHMENTS: None DEPARTMENT OF ORIGIN Administration; Sarah Lopez, Community Revitalization Manager – 360-403-3448 EXPENDITURES REQUESTED: None BUDGET CATEGORY: Revitalization Program BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Project manager requests to waive the City of Arlington building permit fees for the Innovation Center Remodel project. The fees are not included in the contractor’s price and would be paid by the City if not waived. The city building permit fees total $4,830.15 Breakdown of fees: Building Plan Review $1,892.94 I move to waive the City of Arlington building permit, building plan review, and processing/technology fees for the Innovation Center remodel project. City of Arlington Council Agenda Bill Item: NB #3 Attachment I COUNCIL MEETING DATE: January 21, 2020 SUBJECT: Selection of Mayor Pro Tem ATTACHMENTS: None DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator – 360-403-4603 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The City Council is to select a Mayor Pro Tem every two years. The Council Rules of Procedure state as follows: Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro Tem will be selected by a majority vote of the Councilmembers at the second meeting in January in even years or when there is a vacancy. In selecting the Mayor Pro Tem, the Council will be guided by the following principles: • To preserve continuity in the office, the Mayor Pro Tem shall generally serve for a term of two (2) years. • The Mayor Pro Tem should have served as a Council member for at least two (2) years before appointment to the office of Mayor Pro Tem. • In general, the appointment of Mayor Pro Tem will be to the eligible Council members who have served the longest in office. The Alternate Mayor Pro Tem will be the Council member who most recently served as Mayor Pro Tem. HISTORY: Previous Mayors Pro Tem: Sally Lien (2006-2007), Marilyn Oertle (2008-2009), Steve Baker (2010-2011), Marilyn Oertle (2012-2013), Chris Raezer (2014-2015), Debora Nelson (2016-2017), Marilyn Oertle (2018-2019) ALTERNATIVES No alternatives. RECOMMENDED MOTION: I move to select Councilmember _________________ as the City’s Mayor Pro Tem. City of Arlington Council Agenda Bill Item: NB #4 Attachment J COUNCIL MEETING DATE: January 21, 2020 SUBJECT: Resolution adopting an updated Fee Schedule ATTACHMENTS: Draft Resolution – Fee Schedule (redlined and clean) DEPARTMENT OF ORIGIN Administration / Community and Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Staff has prepared an update to the City’s fee schedule. The fees included in the schedule cover all departments in the city and address items not included in the Arlington Municipal Code. HISTORY: The Council last updated the City’s fee schedule in April 2018. ALTERNATIVES: Remand to staff for further revision. RECOMMENDED MOTION: I move to approve the proposed resolution replacing Resolution No. 2018-010 and adopting a revised fee schedule, and authorize the Mayor to sign the resolution. Page 1 RESOLUTION NO. 20192020-XXX A RESOLUTION REPLACING RESOLUTION NO. 2018-027, AND ADOPTING A REVISED FEE SCHEDULE WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain actions and services; and, WHEREAS, these various ordinances set forth that fees shall be set by resolution; and, WHEREAS, the cost of providing these various services consistent with applicable codes, regulations, and policies periodically increase or decrease, or certain services or practices are discontinued and fees are no longer needed; and, WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges that are consistent with the services provided and to cover the public cost of providing these various services so that the public is not subsidizing individual benefits derived therefrom; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON AS FOLLOWS: The following rates, fees, and charges for various services provided, actions performed, or items sold by the city and/or its contract service providers, and fines levied against code violators, are hereby adopted: Section 1. Fees and Charges—General. 1.1 Fees. Fees are intended to cover the normal, recurring costs associated with providing a given service. Fees are non-refundable. 1.2 Prices. In some instances, the City provides certain goods and merchandise for sale. Prices for these goods may be included in this resolution. 1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of application) or occurs (e.g., prior to a specific action). An applicant may pay all fees of a multi-phased project in advance; however, doing so does not vest applicable fees due. Fees due are those in effect at the time the specific action or phase of an action is requested or occurs. 1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the fees, or portions thereof, for any non-profit organization or government agency. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 2 Section 2. Land Use Fees. Fees for various services, actions, and permits regarding land use, as per AMC Title 20 Land Use Code, shall be as listed in Table 2: Land Use Fees Table 1: Land Use Fees Table 21: Land Use Fees Action Fee ($) Land Use Permits Temporary / Seasonal Event 125.00 Development Agreement Preliminary Plats Final Plats Binding Site Plans Conditional Use Permit for Binding Site Plans ≥ 10 Zoning Permit for Binding Site Plans ≤ 9 lots Master Plan Design Review Mixed Use Development CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 3 Action Fee ($) Forest Practices Permits Permit Review 450.00 Forest Practices Permit Application Fee 125.00 plus 125.00 per acre Review Fee for Conversion Option Harvest Plan Approval 125.00 plus 125.00 per acre Review Fee To Lift Moratorium 300.00 Inspection Fee 150.00 per hour plus 125.00per acre Tree mitigation in-lieu fee (number of trees removed x3), total trees 32.50 per tree Appeals To City Council 250.00 To Planning Commission 250.00 To Hearing Examiner 600.00 plus actual cost of Hearing Examiner To Shoreline Hearings Board 600.00 Reconsideration of Decision by: Community Development Director and/or a designee 100.00 Planning Commission 150.00 Hearing Examiner 250.00 plus actual cost of Hearing Examiner City Council 150.00 Permit Extension Extension 200.00 Resubmittal Extension 125.00 Amendment to or Modification of Permit Insignificant Design Deviations 60.00 Minor Amendment 325.00 Major Amendment 1,100.00 plus actual cost of Hearing Examiner (if required) Boundary Line Adjustment Boundary Line Adjustment / Lot Line Elimination 1,700.00 plus actual cost of consultant Land Use Ordinance Amendment Amendment to Text of Land Use Ordinance 750.00 Amendment to Zoning Map (rezone) < 5 acres 1,200.00 > or = 5 acres 2,000.00 Comprehensive Plan Amendment Minor Amendment (annual cycle) 1,500.00 Major Amendment (5-year cycle) 2,200.00 Annexations Submission of 10% Petition 150.00 Submission of 60% Petition 1,100.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 4 Action Fee ($) If it goes to BRB hearing 800.00 Shoreline Development Permit (SDP) SDP in conjunction with a Land Use Permit 550.00 SDP not in conjunction with a Land Use Permit 1,100.00 Variance Administrative 700.00 If it goes to hearing (fee in addition to that paid for Admin. Decision) Examiner Miscellaneous Actions/Items General Information Meeting SEPA Review (note: review of checklist included within Land Use Permit fee ) Deferral of Impact Fee Request of Utility Services Outside City Limits Residence/Duplex Property Tax Exemption Certificate Recording Processing / Technology Fee Permits Section 3. Public Works Fees. Fees for various services, actions and permits shall be as listed in Tables 23-1: Review Fees, 23-2: Grading Plan Review Fees, 23-3: Grading Permit Fees, and 23-4: Public Works Labor and Equipment Charges. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 5 Table 23-1: Review Fees Action Fee ($) 6% E.E.C.C. 1 with a minimum charge of 1,600.00 Administrative Review Fee 250.00 each Miscellaneous Engineering Fee 550.00 each As-Built Review Fee Included in the site civil review fee Final Plat Review Fee Included in the site civil review fee Inspection Fee 150.00 per hour, ½ hour minimum Outside Consultant Review Fee Actual cost Simple Site Plan Review 275.00 per lot Action Fee ($) Right of Way 1E.E.C.C Engineer’s Estimated Cost of Construction-Includes labor, equipment, material, overhead and profit. Prices shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if not included in the RS Means database. * Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots. * Additional plan review applies when there is a change, addition or revision to the plan. * Additional plan review fees will be charged at any point in the project when more than 2 reviews are required. * Inspection Fee - commercial and residential plats (storm drainage, landscape, right-of-way and bond inspections). * Outside Consultant Review Fee. * Water & Sewer Availability Certificate Fee. * Engineering Meetings (first 2 hours are no charge). * Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house. 1 E.E.C.C Engineer’s Estimated Cost of Construction-Includes labor, equipment, material, overhead and profit. Prices shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if not included in the RS Means database. * Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots. * Additional plan review applies when there is a change, addition or revision to the plan. * Additional plan review fees will be charged at any point in the project when more than 2 reviews are required. * Inspection Fee - commercial and residential plats (storm drainage, landscape, right-of-way and bond inspections). * Outside Consultant Review Fee. * Water & Sewer Availability Certificate Fee. * Engineering Meetings (first 2 hours are no charge). * Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 6 Non-SRF 125.00 Recovery Contract 1,100.00 plus actual cost Significant tree replacement mitigation (3:1 ratio) 150.00 per tree 2[LP1] Table 23-2: Grading Plan Review Fees 50 cubic yards or less 100.00 51 to 100 cubic yards 120.00 101 to 1,000 cubic yards 160.00 First 1,000 cubic yards Plus - for each additional 10,000 yards or fraction thereof 200.00 10,001 to 100,000 cubic yards For the first 10,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 300.00 40.00 100,001 to 200,000 cubic yards For the first 100,00 cubic yards Plus – for each additional 10,000 cubic yards or fraction thereof 400.00 60.00 200,001 cubic yards or more For the first 200,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 435.45500.00 7.85100.00 Table 23-3: Grading Permit Fees Base Permit Fee 100.00 50 cubic yards or less 120.00 51 to 100 cubic yards 160.00 First 100 cubic yards 200.00 1,001 to 10,000 cubic yards For the first 1,000 cubic yards Plus - for each additional 300.00 10,001 to 100,000 cubic yards 22 AMC 20.76.120(c) CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 7 For the first 10,000 cubic yards Plus - for each additional 500.00 100,001 or more cubic yards or more For the first 100,000 cubic yards 600.00 50.00 Table 23-4: Public Works Labor and Equipment Charges A. Services and work included in the below schedule will be charged a 15% administrative/overhead fee for accounting, billing and general City administrative costs. B. All work or services not included in the below schedule must be mutually agreed upon prior to the commencement of work. C. Equipment and machinery that is not explicitly included in the below schedule will be charged at the rate set forth in the most current Rental Rate Blue Book for Construction Equipment ("Blue Book"). If the equipment or machinery rate is not available in the Blue Book, the City will determine an appropriate fee or rate based on the original cost of the asset plus operating and maintenance cost and/or comparable rates charged by other organizations. Item Fee ($) Labor Rate Cost Lead Maintenance Worker Hourly 60.00 Sr. Maintenance Worker Hourly 55.00 Maintenance Worker Hourly 50.00 Administrative Staff Hourly 50.00 Rate Cost CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 8 Item Fee ($) Back-hoe Hourly 55.00 Vactor-Jetter Truck Hourly 105.00 Snow Plow Hourly 75.00 Street Sweeper Hourly 55.00 Section 4. Building, Plumbing, Mechanical, Fire Permit and Plan Review Fees. For determining the value of a structure, the most current Building Valuation Data as published by the International Code Council, is adopted by reference. Fees shall be as listed in Tables 34-1: Building Permit Fees, 34-2: Building Plan Fees, 34-3: Miscellaneous Building Inspection & Plan ReviePermitw Fees and 34-4: Miscellaneous Building Permit Inspection & Plan Review Fees. Table 34-1: Building Permit Fees 1.00 – 500.00 34.00 0.00 to 500.00 501.00 – 2,000.00 4.57 PLUS for each additional 100.00, or fraction thereof, to and including 25,000.00 21.03 PLUS for each additional 1,000.00, or fraction thereof, to and 50,000.00 15.24 PLUS for each additional 1,000.00, or fraction thereof, to and 100,000.00 10.61 PLUS for each additional 1,000.00, or fraction thereof to and Table 34-2: Building Plan Review Fees All valuations 65% of Building Permit Fee Table 4-3: Miscellaneous Building Permit Fees CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 9 Action Fee ($) Demolitions 100.00 + Inspection fee Espresso Stands (portable and stand-alone) 250.00 + Inspection fee Fences Over 6 feet in height 100.00 plan review + Inspection fee Fuel Tank Underground Installation 500.00 Fuel Tank Underground Removal 500.00 Fuel Tank LPG Installation 100.00 Marijuana Extraction Table 4.1 & 4.2 Minimum Housing Inspection 75.00 Mobile Homes Installation 500.00 Modular Offices Installation 500.00 Moved Buildings 100.00 Re-roofing Permit – Residential 75.00 Re-roofing Permit – Commercial 100.00 plan review; permit fee, Table 4.1 Retaining walls (permit not required under four (4) feet 100.00 or IBC valuation, whichever is greater Signs Permits Permit Fee Only, Table 4.1; minimum 100.00 Swimming Pool or Spa Fee per each pool or spa; private or public Table 4.1 & 4.2 Washington State Surcharge RCW 19.27.085 Residential Building Permits 6.50 Each Additional Residential Unit (This does not apply to the first unit) 2.00 Table 34-34: Miscellaneous Building Inspection & Plan Review Fees Inspections outside of normal business hours 150.00 per hour3 (minimum charge 1 hour) Re-inspection fees (includes two inspections) 75.00 per hour4 Inspection for which no fee is specifically indicated 75.00 per hour4 (minimum charge —1 hour) For use of outside consultants for plan review and inspections, or both. Actual costs 4 Stop work order (working without permit) 5 Double permit fees or 500.00, whichever is less Revise site plan after plan review completed 100.00 Revise building plans during plan review <50% review completion 75.00 >50% review completion New plan review fee 3 The total hourly cost to the City, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and benefits of the employees involved. 4 Actual costs include administrative and overhead costs. 5 Stop work order (SWO): failure to obtain a valid permit CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 20192020-XXX Page 10 Revised building plans after issuance of permit New plan review fee Table 34-4: Miscellaneous Building Permit Fees 100.00 + Inspection fee (portable and stand alone) 250.00 + Inspection fee Over 6 feet in height 100 plan review + Inspection fee 500.00 500.00 100.00 Table 34.1 & 34.2 75.00 500.00 500.00 100.00 75.00 100.00 plan review; permit fee, Table 34.1 (permit not required under four (4) feet 100.00 or IBC valuation, whichever is greater Permit Fee Only, Table 34.1; minimum 100.00 Fee per each pool or spa; private or public Table 34.1 & 34.2 RCW 19.27.085 Residential Building Permits 6.50 Each Additional Residential Unit (This does not apply to the first unit) 2.00 Commercial Building Permits 25.00 4.2 Plumbing Permit and Plan Fees. Plumbing fees shall be as listed in Table 34-5: Plumbing Permit Fees and Table 4-76: Plumbing, Mechanical & Fire Plan Review Fees. Table 3-44-5: Plumbing Permit Fees 3-64-76 for plumbing permits will be assessed at time of submittal. Includes two (2) inspections with Additional Plan Review fees $ 75.00 Alteration/repair piping $ 15.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX PLUMBING PERMIT FEES (per unit) Backflow Assembly $25.00 Base Plumbing Fee $ 25.00 Bath/Shower Combo $ 15.00 Building Main Waste $ 25.00 Clothes Washer $ 15.00 Dishwasher $ 15.00 Drinking Fountain $ 15.00 Floor Drains $ 15.00 Grease Interceptor $ 75.00 Grease Trap $ 25.00 Hose Bibb $ 15.00 Icemaker/Refrigerator $ 15.00 Irrigation – per meter $ 25.00 Kitchen Sink & Disposal $ 15.00 Laundry Tray $ 15.00 Lavatory $ 15.00 Med Gas Piping ≤ 5 inlets/outlets $ 60.00 Med Gas Piping > 5 inlets/outlets (plus ≤ 5 inlets/outlets) $ 5.00 Miscellaneous – regulated by plumbing code, not otherwise specified $ 15.00 Pretreatment Interceptor $ 15.00 Re-inspection Fee (all) $ 75.00 Roof Drains $ 15.00 Shower (only) $ 15.00 Sink (bar, service, etc.) $ 15.00 Toilets $ 15.00 Urinal $ 15.00 Vacuum Breakers $ 25.00 Water Heater $ 25.00 Water Heater - Tankless $ 25.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX Table 4-6: Plumbing Plan Review Fees 4.3 Mechanical Permit Fees. Mechanical permit fees shall be as listed in Table 4-7: Mechanical Permit Fees and Table 4-8: Mechanical Plan Review Fees. 4.3 Mechanical Permit Fees. Mechanical permit fees shall be as listed in Table 34-6: Mechanical Permit Fees and Table 4-7 Plumbing, Mechanical & Fire Plan Review Fees. . PLUMBING PLAN REVIEW FEES All valuations 65% of Building Permit Fee (see Table 4-2) CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX Table 3-54-67: Mechanical Permit Fees Table 3-64-87 for mechanical permits will be assessed at time of submittal. Includes two (2) inspections Additional Plan Review fees $ 75.00 Air Cond. Unit ≤100Btu/h $ 15.00 Air Cond. Unit >100Btu/h $ 25.00 Air Cond. Unit >500Btu/hp $ 50.00 Air Handling Units $ 15.00 Base Mechanical Fee $ 25.00 Boiler <100Btu/h >3hp $ 15.00 Boiler >1 million Btu/h<50hp $ 25.00 Boiler >1.5 million Btu/h<50hp $ 50.00 Boiler >100Btu/h 3-15hp $ 15.00 Boiler >500Btu/h 15-30hp $ 25.00 Commercial Hoods -Type I / II $ 25/50 Diffusers $ 15.00 Dryer Ducting $ 15.00 Ductwork (drawings required) $ 25.00 Evaporative Coolers $ 15.00 Exhaust/Ventilation Fans $ 15.00 Fireplace/Insert/Stove $ 15.00 Forced Air Heat ≤100 Btu/h $ 15.00 Forced Air Heat >100 Btu/h $ 25.00 Gas Clothes Dryer $ 15.00 Gas Fired AC ≤100 Btu/h $ 15.00 Gas Fired AC >100 Btu/h $ 25.00 Gas Fired AC > 500 Btu/h $ 50.00 Gas Piping ≤ 5 units $ 15.00 Gas Piping > 5 units (plus <5 units) $ 2.00 Heat Exchangers $ 15.00 Heat Pump-Condensing Unit $ 25.00 Hot Water Heat Coils $ 15.00 Miscellaneous Appliance - regulated by mechanical code, not otherwise specified $ 15.00 Pkg. Units ≤100btu/>100btu $ 25/50 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX MECHANICAL PERMIT FEES (per unit) Commercial mechanical permits are required to submit line drawings. A plan review fee of 65% per Table 3-64-87 for mechanical permits will be assessed at time of submittal. Includes two (2) inspections Range/Cook top-Gas Fired $ 15.00 Refrigeration Unit ≤100Btu/h $ 15.00 Refrigeration Unit >100Btu/h $ 25.00 Refrigeration. Unit >500Btu/h $ 50.00 Re-inspection fee (all) $ 75.00 Residential Range Hood $ 15.00 Unit Heaters ≤ 100 Btu/h $ 15.00 Unit Heaters >100 Btu/h $ 25.00 VAV Boxes (Variable Air Volume, part of air conditioning system) $ 10.00 Wall Heaters - Gas Fired $ 25.00 Water Heater-Gas Fired $ 25.00 Table 4-8: Mechanical Plan Review Fees Table 3-64-7: Plumbing, Mechanical & Fire Plan Review Fees <5,000.00 100.00 $5,000.00 and over Table 3.24-2 valuation MECHANICAL PLAN REVIEW FEES All valuations 65% of Building Permit Fee (see Table 4-2) 4.4 Fire Permit and Plan Review Fees. Fire Permit Fees shall be as listed in Table 4-9: Fire Permit Fees Table 4-10: Fire Plan Review Fees. 4.4 Fire Permit Fees. Fire Permit Fees shall be as listed in Table 4-8, Fire Permit Fees and Table 4-7 Plumbing, Mechanical & Fire Plan Review Fees. Table 3-74-89: Fire Permit Fees FIRE SPRINKLER SYSTEMS (105.7.1, 105.7.4, 105.7.11) TENANT IMPROVEMENT OR SYSTEM MODIFICAITON (NFPA 13/13R) CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX Number of Sprinklers or Devices** Fee 1 to 2 $ 75.00 3 to 5 $125.00 6 to 10 $175.00 11 to 20 $225.00 21 to 40 $300.00 41 to 100 $375.00 101 to 200 $475.00 201 to 300 $575.00 >300 $600.00 plus $50.00 per 100 additional devices For Hydraulically designed systems multiply the fees above by 2. 1 to 100 $375.00 101 to 200 $475.00 201 to 300 $600.00 >300 $625.00 plus $50.00 per 100 additional devices RESIDENTIAL (NFPA 13D) Number of Sprinklers or Devices**Fee* HOOD SUPPRESSION SYSTEM Type of System Fee STANDPIPE SYSTEM Type of Standpipe Fee CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX PHASED INSTALLATION Additional Fee Sprinklers, Risers, Valves, Pull Stations, Beam Detectors and other such devices. (Each piece is one SPRAY BOOTHS (105.7) & INDUSTRIAL OVENS (105.7.7) Spray Booths Fee Industrial Oven NOTE: SEPARATE SPRINKLER PERMIT REQUIRED FIRE ALARM SYSTEM - NFPA 72 (105.7.3) TENANT IMPROVEMENT OR SYSTEM MODIFICATION 1 to 2 $75.00 3 to 5 $125.00 6 to 10 $175.00 11 to 20 $225.00 21 to 40 $300.00 41 to 100 $375.00 101 to 200 $475.00 >200 $500.00 plus $50.00 per 100 additional devices NEW COMMERCIAL SYSTEM Number of Devices* Fee NOTE:device* FACP AND/OR TRANSMITTER NOTE: All Central Station Monitoring must be UL or FM listed. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX *Devices include separate individual portions of a Fire Alarm System such as: Initiating Devices, Notification Appliances, Flow Switches, Supervisory Switches, Magnetic Door Hold- Open Devices, Remote Annunciators, Pull Stations, Beam Detectors and other such devices. (Each piece is one device) Table 4-10: Fire Plan Review Fees <5,000.00 100.00 $5,000.00 and over Table 4-2 valuation Section 5. Fire Department Life-Safety Inspection Fees. Fees for re-inspections for life- safety issues conducted by the Fire Department shall be as listed in Table 45: Fire Department Life-Safety Inspection Fees. Table 45: Fire Department Life-Safety Inspection Fees Initial Inspection 0.00 First re-inspection for corrections 0.00 Second re-inspection for corrections 100.00 Third re-inspection for corrections 150.00 Additional inspections to complete life/safety corrections and attain compliance 250.00 Fireworks Stand Inspection 50.00 Section 6. Fees for the Use of City Owned Facilities. Fees for various services, actions, and permits regarding use of City owned facilities shall be as listed in Table 6: Fees for the Use of City Owned Facilities. Table 56: Fees for the Use of City Owned Facilities Hadley Hall at the Arlington Community Youth Center, Stillaguamish Conference Room* at Public Works Administration (154 W. Cox). CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX *This facility does NOT have a kitchen facility available for use. Room usage fees for community youth related activities and Neighborhood Watch meetings may be Use/Activity Fee ($) Without Kitchen One to three hours 15.00 per hour Over three hours 75.00 With Kitchen One to three hours 20.00 per hour Over three hours 125.00 Athletic Fields Field Use $10.00 per hour Lighting $3.00 per 1.5 hours Community Garden 4 X 20 foot bed $20.00 per season 4 X 8 foot bed $15.00 per season 2 X 8 foot bed $10.00 per season Section 7. Appeal Fees for Violations and Abatement. Fees for various services and actions regarding violations and abatement as per Chapter 11.01 of the Arlington Municipal Code shall be as listed in Table 67: Appeal Fees for Violations and Abatement. Table 67: Appeal Fees for Violations and Abatement To Hearing Examiner 582.00 plus actual cost of Hearing Examiner Forest Practice Violation Fine 317.00 Section 8. Licensing Fees. Licensing fees for various licenses issued under various sections of the Arlington Municipal Code shall be as listed in Table 78:- Licensing Fees. Table 78: Licensing Fees New application / renewal business license under AMC Chapter 5.28 60.00 Late payment penalty for business license under AMC Chapter 5.28 120.00 For new applications applied for between October 1st through December 31st CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX 31st For new applications applied for April 1st through June 30th (Note: $15 for the remainder of the current business license year and $60 for the new business license year for a total of $75, making the business license valid thru June 30th - First vehicle - 35.00 Section 9. EMS Fees and Charges. 9.1 Fees and Mileage Charges Established. For purposes of AMC Chapter 3.06, fees and mileage for EMS services shall be set as set forth in Table 89: Emergency Medical Services Rates and Charges. 9.2 Beginning on January 1, 20132021, the rates set forth for the year 2018 2020 shall be increased annually effective January 1 of each succeeding year by the June reported percentage increase of the Consumer Price Index (CPI) for the Seattle- Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. 9.3 EMS Transport Fees. In accordance with the requirements of 42 Code of Federal Regulations (CFR) Parts 410 and 414, which provides that Medicare fees and charges shall apply to Medicare recipients; A. Unmet (excess fee) Part B Deductible and Part B coinsurance amounts. In accordance with the provisions of 42 CFR Parts 410 and 414, the City shall bill the patient for any unmet or excess fee to the extent authorized by federal law. B. Inability to Pay Excess Fee. Individuals who are on fixed or low incomes or do not have the ability to pay the differential because of financial difficulties may submit a request to waive the differential to the City with supporting documentation of the inability to pay. Table 89: Emergency Medical Services Rates and Charges BLS Non-emergent 775.00 800.57 BLS Emergent 775.00 800.57 ALS 1 1,150.00 1,187.95 ALS 2 1,225.00 1,265.42 ALS Response Fee 291.33 300.94 Mileage (all categories) 20.00 per mile 20.66 per mile CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX Section 10. Dog Licensing Fees. 10.1 Fees for dog licenses as called for in Arlington Municipal Code Chapter 8.09 shall be listed in Table 910: Dog Licensing Fees 10.2 Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her guide dog, or a request by a physically disabled person not to be charged a fee to license his or her service animal. 10.3 All dogs require proof of current Rabies vaccination to be licensed. Table 910: Dog Licensing Fees Dog – unaltered (annual tag) 40.00 Dog – altered (lifetime tag) 20.00 Dog –altered (senior citizen owner – lifetime tag) 10.00 Replacement Tag fee 5.00 Section 11. Fees for Police Services. Fees for various services, actions, and permits for police services shall be as listed in Table 1011: Fees for Police Services. Table 1011: Fees for Police Services Fingerprinting 20.00 Concealed Weapons Permits: 1. New permit 2. Permit Renewal 3. Lost or stolen permit All charges per RCW 9.41.070 1. Fine for parking as described in Arlington Municipal Code 10.54.060, Prohibited Parking 2. Fine if paid within 24 hours of issuance 50.00 25.00 Section 12. Fees for Duplication of Public Records. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX 12.1 Fees for various services and actions for duplication of public records shall be consistent with the provisions of RCW 42.56.120 and listed in Table 1112: Fees for Public Records Services. 12.2 The City of Arlington finds that calculating the actual costs of scanning per page in order to fulfill a public records request would be unduly burdensome for the following reasons: (a) The City employs over 120 employees. Because all City employees contribute to the production of public records requests and all employees earn different salaries or rates of pay, the public records officer would have to be privy to salaries of all employees in order to calculate the invoice; (b) Employees supplying scanned records to the public records officer would be required to track time spent, thereby creating a burden for those employees without work stations as well as additional work not assigned in many employees’ job descriptions and or union contracts; (c) The City’s public records officer would be required to maintain a record of all employees who contribute to each part of a public record request and potentially charge different amounts for multiple scanned pages; (d) The City uses more than seven document scanning machines with different costs and lease agreement fees which change from time to time. The cost of supplies for the City’s various scanning machines is subject to change based on current market rates. Calculating the portion of the machines and supplies used toward scanning public records would require knowledge of the cost of supplies and an in-depth analysis of timing and application multiplied by each contributing employee’s hourly rate of pay; and (e) The response time to a public records request may be delayed in order to calculate scanning costs and create an invoice with different rates of scanning charges. Table 1112: Fees for Public Records Services In house copying of City documents for the public 0.15 per page In house copying of City documents to PDF when original document is not in electronic format 0.10 per page Provision of files or attachments and provided by electronic delivery 0.05 per 4 files or attachments Electronic records transmission 0.10 per gigabyte (GB) Storage media (USB, CD), container, envelope, and postage delivery charge Actual cost Duplication of documents and other media printed by outside party Actual cost to reproduce CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX Section 13. Fees for Franchise Applications. Pursuant to AMC Title 21, fees for various services and actions for franchise applications shall be listed in Table 1213: Fees for Franchise Applications. Table 1213: Fees for Franchise Applications Action / Service Fee ($) Section 14. Fees for GIS Services. Fees for various services and actions for GIS shall be listed in Table 1314: Fees for GIS Products Table 1314: Fees for GIS Products Action / Service Fee ($) Section 15. Finance Department Services Fees for various services, actions, and permits for finance services shall be as listed in Table 1415: Fees for Finance Department Services. Table 1415: Fees for Finance Services Non-Sufficient Funds – Dishonored or disallowed draft or check $35.00 Establishing a new utility account $18.00 Reactivating an existing utility account $18.00 Shut off processing fee (previously reconnection fee) $50.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2018-0272020-XXX Section 1416. Repeal of Previous Fee Resolution. Resolution 2018-010 027 is hereby repealed. Section 1617. Effective Date. This resolution will become effective immediately upon passage. PASSED by the City Council and APPROVED by the Mayor this ______ day of January, 20192020. CITY OF ARLINGTON _________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _______________________________ Steve Peiffle, City Attorney Page 1 RESOLUTION NO. 2020-XXX A RESOLUTION REPLACING RESOLUTION NO. 2018-027, AND ADOPTING A REVISED FEE SCHEDULE WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain actions and services; and, WHEREAS, these various ordinances set forth that fees shall be set by resolution; and, WHEREAS, the cost of providing these various services consistent with applicable codes, regulations, and policies periodically increase or decrease, or certain services or practices are discontinued and fees are no longer needed; and, WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges that are consistent with the services provided and to cover the public cost of providing these var ious services so that the public is not subsidizing individual benefits derived therefrom; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON AS FOLLOWS: The following rates, fees, and charges for various services provided, actions performed, or items sold by the city and/or its contract service providers, and fines levied against code violators, are hereby adopted: Section 1. Fees and Charges—General. 1.1 Fees. Fees are intended to cover the normal, recurring costs associated with providing a given service. Fees are non-refundable. 1.2 Prices. In some instances, the City provides certain goods and merchandise for sale. Prices for these goods may be included in this resolution. 1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of application) or occurs (e.g., prior to a specific action). An applicant may pay all fees of a multi-phased project in advance; however, doing so does not vest applicable fees due. Fees due are those in effect at the time the specific action or phase of an action is requested or occurs. 1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the fees, or portions thereof, for any non-profit organization or government agency. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX Page 2 Section 2. Land Use Fees. Fees for various services, actions, and permits regarding land use, as per AMC Title 20 Land Use Code, shall be as listed in Table 2: Land Use Fees Table 2: Land Use Fees Action Fee ($) Land Use Permits Zoning Permit 2,300.00 Special Use Permit 3,400.00 plus actual cost of Hearing Examiner (if req’d) Conditional Use Permit 4,000.00 plus actual cost of Hearing Examiner Administrative Conditional Use Permit Temporary / Seasonal Event Homeless Encampment 125.00 500.00 Development Agreement Associated with Land Use Actions 1,100.00 plus additional costs if accrued Not Associated with Land Use Actions 2,400.00 plus additional costs if accrued Preliminary Plats Conditional Use Permit for a Long Plat or Unit Lot Subdivision 7,000.00 plus actual cost of Hearing Examiner and consultant Zoning Permit for a Short Plat or Unit Lot Subdivision 3,100.00 plus actual cost of consultant Final Plats Long Plat or Unit Lot Subdivision 3,400.00 Short Plat or Unit Lot Subdivision 2,000.00 Binding Site Plans Conditional Use Permit for Binding Site Plans ≥ 10 lots 7,000.00 plus actual cost of Hearing Examiner and consultant Zoning Permit for Binding Site Plans ≤ 9 lots 3,100.00 plus actual cost of consultant Text and/or Design Deviation 750.00 Lot Line Adjustment or Changes to Number of Lots 1,400.00 plus actual cost of consultant Master Plan 12,500.00 plus actual cost of consultant Design Review Administrative 300.00 Design Review Board 450.00 Mixed Use Development Binding Site Plan 7,000.00 plus actual cost of consultant Conditional Use Permit 4,000.00 plus actual cost of Hearing Examiner Special Use Permit 3,400.00 plus actual cost of Hearing Examiner (if req’d) Zoning Permit 2,300.00 Forest Practices Permits Permit Review 450.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX Page 3 Action Fee ($) Forest Practices Permit Application Fee 125.00 plus 125.00 per acre Review Fee for Conversion Option Harvest Plan Approval 125.00 plus 125.00 per acre Review Fee To Lift Moratorium 300.00 Inspection Fee 150.00 per hour plus 125.00per acre Tree mitigation in-lieu fee (number of trees removed x3), total trees 32.50 per tree Appeals To City Council 250.00 To Planning Commission 250.00 To Hearing Examiner 600.00 plus actual cost of Hearing Examiner To Shoreline Hearings Board 600.00 Reconsideration of Decision by: Community Development Director and/or a designee 100.00 Planning Commission 150.00 Hearing Examiner 250.00 plus actual cost of Hearing Examiner City Council 150.00 Permit Extension Extension 200.00 Resubmittal Extension 125.00 Amendment to or Modification of Permit Insignificant Design Deviations 60.00 Minor Amendment 325.00 Major Amendment 1,100.00 plus actual cost of Hearing Examiner (if required) Boundary Line Adjustment Boundary Line Adjustment / Lot Line Elimination 1,700.00 plus actual cost of consultant Land Use Ordinance Amendment Amendment to Text of Land Use Ordinance 750.00 Amendment to Zoning Map (rezone) < 5 acres 1,200.00 > or = 5 acres 2,000.00 Comprehensive Plan Amendment Minor Amendment (annual cycle) 1,500.00 Major Amendment (5-year cycle) 2,200.00 Annexations Submission of 10% Petition 150.00 Submission of 60% Petition 1,100.00 If it goes to BRB hearing 800.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX Page 4 Action Fee ($) Shoreline Development Permit (SDP) SDP in conjunction with a Land Use Permit 550.00 SDP not in conjunction with a Land Use Permit 1,100.00 Variance Administrative 700.00 If it goes to hearing (fee in addition to that paid for Admin. Decision) 1,300.00 plus actual cost of Hearing Examiner Miscellaneous Actions/Items General Information Meeting First two meetings 0.00 Subsequent meetings 350.00 per meeting SEPA Review (note: review of checklist included within Land Use Permit fee ) SEPA Only (no land use permit required) 550.00 Environmental Impact Statement (EIS) 1,100.00 plus actual cost of consultant Deferral of Impact Fee Application 200.00 Request of Utility Services Outside City Limits Utility Extension Agreement - Single-Family Residence/Duplex 225.00 Utility Extension Agreement - Other Development 650.00 Property Tax Exemption Certificate Processing Fee 500.00 Recording Recording Fees / Conformed Copies Actual cost paid directly to the Snohomish County Auditor Processing / Technology Fee Added to all Land Use, Civil, Utility, & Building Permits 25.00 Credit Card Processing Surcharge 3% of actual cost Section 3. Public Works Fees. Fees for various services, actions and permits shall be as listed in Tables 3-1: Review Fees, 3-2: Grading Plan Review Fees, 3-3: Grading Permit Fees, and 3-4: Public Works Labor and Equipment Charges. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX Page 5 Table 3-1: Review Fees Action Fee ($) Civil Review 6% E.E.C.C. 1 with a minimum charge of 1,600.00 Administrative Review Fee 250.00 each Miscellaneous Engineering Fee 550.00 each As-Built Review Fee Included in the site civil review fee Final Plat Review Fee Included in the site civil review fee Inspection Fee 150.00 per hour, ½ hour minimum Outside Consultant Review Fee Actual cost Simple Site Plan Review 275.00 per lot Action Fee ($) Right of Way 6% E.E.C.C.1or maximum 1,100.00 with a minimum charge of 125.00 plus inspection fees Right of Way Vacation 1,100.00 Miscellaneous Staff Time 150.00 per hour per person, ½ hour minimum Engineering Meetings-after 2 hours 350.00 per meeting Water and Sewer Availability Certificate SFR 50.00 Non-SRF 125.00 Recovery Contract 1,100.00 plus actual cost Significant tree replacement mitigation (3:1 ratio) 150.00 per tree2 Table 3-2: Grading Plan Review Fees Action Fee ($) 50 cubic yards or less 100.00 51 to 100 cubic yards 120.00 1E.E.C.C Engineer’s Estimated Cost of Construction-Includes labor, equipment, material, overhead and profit. Prices shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if not included in the RS Means database. * Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots. * Additional plan review applies when there is a change, addition or revision to the plan. * Additional plan review fees will be charged at any point in the project when more than 2 reviews are required. * Inspection Fee - commercial and residential plats (storm drainage, landscape, right -of-way and bond inspections). * Outside Consultant Review Fee. * Water & Sewer Availability Certificate Fee. * Engineering Meetings (first 2 hours are no charge). * Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house. 2AMC 20.76.120(c) 2AMC 20.76.120(c) CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX Page 6 101 to 1,000 cubic yards 160.00 1,001 to 10,000 cubic yards First 1,000 cubic yards Plus - for each additional 10,000 yards or fraction thereof 200.00 10,001 to 100,000 cubic yards For the first 10,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 300.00 40.00 100,001 to 200,000 cubic yards For the first 100,00 cubic yards Plus – for each additional 10,000 cubic yards or fraction thereof 400.00 60.00 200,001 cubic yards or more For the first 200,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 500.00 100.00 Other Fees: Additional plan review required by changes, additions or revisions to approved plans. New plan review fee Table 3-3: Grading Permit Fees Action Fee ($) Base Permit Fee 100.00 50 cubic yards or less 120.00 51 to 100 cubic yards 160.00 101 to 1,000 cubic yards First 100 cubic yards Plus – for each additional 100 cubic yards or fraction thereof 200.00 20.00 1,001 to 10,000 cubic yards For the first 1,000 cubic yards Plus - for each additional 1,000 cubic yards or fraction thereof 300.00 40.00 10,001 to 100,000 cubic yards For the first 10,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 500.00 60.00 100,001 or more cubic yards or more For the first 100,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 600.00 50.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX Page 7 Table 3-4: Public Works Labor and Equipment Charges A. Services and work included in the below schedule will be charged a 15% administrative/overhead fee for accounting, billing and general City administrative costs. B. All work or services not included in the below schedule must be mutually agreed upon prior to the commencement of work. C. Equipment and machinery that is not explicitly included in the below schedule will be charged at the rate set forth in the most current Rental Rate Blue Book for Construction Equipment ("Blue Book"). If the equipment or machinery rate is not available in the Blue Book, the City will determine an appropriate fee or rate based on the original cost of the asset plus operating and maintenance cost and/or comparable rates charged by other organizations. Item Fee ($) Labor Rate Cost Lead Maintenance Worker Hourly 60.00 Sr. Maintenance Worker Hourly 55.00 Maintenance Worker Hourly 50.00 Administrative Staff Hourly 50.00 Equipment Rate Cost Pick-up Truck Hourly 15.00 Dump Truck Hourly 75.00 Back-hoe Hourly 55.00 Vactor-Jetter Truck Hourly 105.00 Snow Plow Hourly 75.00 Street Sweeper Hourly 55.00 Section 4. Building, Plumbing, Mechanical, Fire Permit and Plan Review Fees. For determining the value of a structure, the most current Building Valuation Data as published by the International Code Council, is adopted by reference. Fees shall be as listed in Tables 4-1: Building Permit Fees, 4-2: Building Plan Fees, 4-3: Miscellaneous Building Permit Fees and 4-4: Miscellaneous Building Inspection & Plan Review Fees. Table 4-1: Building Permit Fees Total Valuation($) 2020 Fee Calculation ($) 1.00 – 500.00 34.00 0.00 to 500.00 501.00 – 34.00 For the first 500.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX Page 8 2,000.00 4.57 PLUS for each additional 100.00, or fraction thereof, to and including 2,000.00 2001.00 – 25,000.00 102.55 21.03 For the first 2,000.00 PLUS for each additional 1,000.00, or fraction thereof, to and including 25,000.00 25,001.00 – 50,000.00 586.24 15.24 For the first 25,000.00 PLUS for each additional 1,000.00, or fraction thereof, to and including 50,000.00 50,001.00 – 100,000.00 967.24 10.61 For the first 50,000 PLUS for each additional 1,000.00, or fraction thereof to and including 100,000.00 100,001.00 – 500,000.00 1,497.74 8.41 For the first 100,000 PLUS for each additional 1,000.00, or fraction thereof, to and including 500,000.00 500,001.00 – 1,000,000.00 4,861.74 For the first 500,000.00 PLUS for each additional 1,000.00 or fraction thereof 1,000,001.00 and up 8,456.74 5.49 For the first 1,000,000.00 PLUS for each additional 1,000.00, or fraction thereof Table 4-2: Building Plan Review Fees Total Valuation($) 2020 All valuations 65% of Building Permit Fee Table 4-3: Miscellaneous Building Permit Fees Action Fee ($) Demolitions 100.00 + Inspection fee Espresso Stands (portable and stand-alone) 250.00 + Inspection fee Fences Over 6 feet in height 100.00 plan review + Inspection fee Fuel Tank Underground Installation 500.00 Fuel Tank Underground Removal 500.00 Fuel Tank LPG Installation 100.00 Marijuana Extraction Table 4.1 & 4.2 Minimum Housing Inspection 75.00 Mobile Homes Installation 500.00 Modular Offices Installation 500.00 Moved Buildings 100.00 Re-roofing Permit – Residential 75.00 Re-roofing Permit – Commercial 100.00 plan review; permit fee, Table 4.1 Retaining walls (permit not required under four (4) feet 100.00 or IBC valuation, whichever is greater Signs Permits Permit Fee Only, Table 4.1; minimum 100.00 Swimming Pool or Spa Table 4.1 & 4.2 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX Page 9 Fee per each pool or spa; private or public Washington State Surcharge RCW 19.27.085 Residential Building Permits 6.50 Each Additional Residential Unit (This does not apply to the first unit) 2.00 Table 4-4: Miscellaneous Building Inspection & Plan Review Fees Action Fee ($) Inspections outside of normal business hours 150.00 per hour3 (minimum charge 1 hour) Re-inspection fees (includes two inspections) 75.00 per hour4 Inspection for which no fee is specifically indicated 75.00 per hour4 (minimum charge 1 hour) For use of outside consultants for plan review and inspections, or both. Actual costs4 Stop work order (working without permit) 5 Double permit fees or 500.00, whichever is less Revise site plan after plan review completed 100.00 Revise building plans during plan review <50% review completion 75.00 >50% review completion New plan review fee Revised building plans after issuance of permit New plan review fee 4.2 Plumbing Permit and Plan Fees. Plumbing fees shall be as listed in Table 4-5: Plumbing Permit Fees and Table 4-6: Plumbing Plan Review Fees. Table 4-5: Plumbing Permit Fees PLUMBING PERMIT FEES (per unit) Commercial plumbing permits are required to submit line drawings. A plan review fee of 65% per Table 4-6 for plumbing permits will be assessed at time of submittal. Includes two (2) inspections with permit. Residential plumbing permits will be assessed a base fee, unit fee, and inspection fee. Additional Plan Review fees $ 75.00 Alteration/repair piping $ 15.00 Backflow Assembly $25.00 Base Plumbing Fee $ 25.00 Bath/Shower Combo $ 15.00 Building Main Waste $ 25.00 Clothes Washer $ 15.00 Dishwasher $ 15.00 Drinking Fountain $ 15.00 3 The total hourly cost to the City, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and benefits of the employees involved. 4 Actual costs include administrative and overhead costs. 5 Stop work order (SWO): failure to obtain a valid permit CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 10 PLUMBING PERMIT FEES (per unit) Floor Drains $ 15.00 Grease Interceptor $ 75.00 Grease Trap $ 25.00 Hose Bibb $ 15.00 Icemaker/Refrigerator $ 15.00 Irrigation – per meter $ 25.00 Kitchen Sink & Disposal $ 15.00 Laundry Tray $ 15.00 Lavatory $ 15.00 Med Gas Piping ≤ 5 inlets/outlets $ 60.00 Med Gas Piping > 5 inlets/outlets (plus ≤ 5 inlets/outlets) $ 5.00 Miscellaneous – regulated by plumbing code, not otherwise specified $ 15.00 Pretreatment Interceptor $ 15.00 Re-inspection Fee (all) $ 75.00 Roof Drains $ 15.00 Shower (only) $ 15.00 Sink (bar, service, etc.) $ 15.00 Toilets $ 15.00 Urinal $ 15.00 Vacuum Breakers $ 25.00 Water Heater $ 25.00 Water Heater - Tankless $ 25.00 Table 4-6: Plumbing Plan Review Fees 4.3 Mechanical Permit Fees. Mechanical permit fees shall be as listed in Table 4-7: Mechanical Permit Fees and Table 4-8: Mechanical Plan Review Fees. PLUMBING PLAN REVIEW FEES Total Valuation($) 2020 All valuations 65% of Building Permit Fee (see Table 4-2) CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 11 Table 4-7: Mechanical Permit Fees MECHANICAL PERMIT FEES (per unit) Commercial mechanical permits are required to submit line drawings. A plan review fee of 65% per Table 4-8 for mechanical permits will be assessed at time of submittal. Includes two (2) inspections with permit. Residential mechanical permits will be assessed a base fee, unit fee and inspection fee. Additional Plan Review fees $ 75.00 Air Cond. Unit ≤100Btu/h $ 15.00 Air Cond. Unit >100Btu/h $ 25.00 Air Cond. Unit >500Btu/hp $ 50.00 Air Handling Units $ 15.00 Base Mechanical Fee $ 25.00 Boiler <100Btu/h >3hp $ 15.00 Boiler >1 million Btu/h<50hp $ 25.00 Boiler >1.5 million Btu/h<50hp $ 50.00 Boiler >100Btu/h 3-15hp $ 15.00 Boiler >500Btu/h 15-30hp $ 25.00 Commercial Hoods -Type I / II $ 25/50 Diffusers $ 15.00 Dryer Ducting $ 15.00 Ductwork (drawings required) $ 25.00 Evaporative Coolers $ 15.00 Exhaust/Ventilation Fans $ 15.00 Fireplace/Insert/Stove $ 15.00 Forced Air Heat ≤100 Btu/h $ 15.00 Forced Air Heat >100 Btu/h $ 25.00 Gas Clothes Dryer $ 15.00 Gas Fired AC ≤100 Btu/h $ 15.00 Gas Fired AC >100 Btu/h $ 25.00 Gas Fired AC > 500 Btu/h $ 50.00 Gas Piping ≤ 5 units $ 15.00 Gas Piping > 5 units (plus <5 units) $ 2.00 Heat Exchangers $ 15.00 Heat Pump-Condensing Unit $ 25.00 Hot Water Heat Coils $ 15.00 Miscellaneous Appliance - regulated by mechanical code, not otherwise specified $ 15.00 Pkg. Units ≤100btu/>100btu $ 25/50 Range/Cook top-Gas Fired $ 15.00 Refrigeration Unit ≤100Btu/h $ 15.00 Refrigeration Unit >100Btu/h $ 25.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 12 MECHANICAL PERMIT FEES (per unit) Commercial mechanical permits are required to submit line drawings. A plan review fee of 65% per Table 4-8 for mechanical permits will be assessed at time of submittal. Includes two (2) inspections with permit. Residential mechanical permits will be assessed a base fee, unit fee and inspection fee. Refrigeration. Unit >500Btu/h $ 50.00 Re-inspection fee (all) $ 75.00 Residential Range Hood $ 15.00 Unit Heaters ≤ 100 Btu/h $ 15.00 Unit Heaters >100 Btu/h $ 25.00 VAV Boxes (Variable Air Volume, part of air conditioning system) $ 10.00 Wall Heaters - Gas Fired $ 25.00 Water Heater-Gas Fired $ 25.00 Table 4-8: Mechanical Plan Review Fees MECHANICAL PLAN REVIEW FEES Total Valuation($) 2020 All valuations 65% of Building Permit Fee (see Table 4-2) 4.4 Fire Permit and Plan Review Fees. Fire Permit Fees shall be as listed in Table 4-9: Fire Permit Fees Table 4-10: Fire Plan Review Fees. Table 4-9: Fire Permit Fees FIRE SPRINKLER SYSTEMS (105.7.1, 105.7.4, 105.7.11) TENANT IMPROVEMENT OR SYSTEM MODIFICAITON (NFPA 13/13R) Number of Sprinklers or Devices** Fee 1 to 2 $ 75.00 3 to 5 $125.00 6 to 10 $175.00 11 to 20 $225.00 21 to 40 $300.00 41 to 100 $375.00 101 to 200 $475.00 201 to 300 $575.00 >300 $600.00 plus $50.00 per 100 additional devices For Hydraulically designed systems multiply the fees above by 2. NEW COMMERCIAL SYSTEM (NFPA 13/13R) CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 13 Number of Sprinklers or Devices** Fee 1 to 100 $375.00 101 to 200 $475.00 201 to 300 $600.00 >300 $625.00 plus $50.00 per 100 additional devices RESIDENTIAL (NFPA 13D) Number of Sprinklers or Devices** Fee* 1 to 10 $175.00 11 to 25 $225.00 26+ $275.00 *NFPA 13D SYSTEM INSTALLED - NOT REQUIRED – fee reduced 50% HOOD SUPPRESSION SYSTEM Type of System Fee Pre-Engineered $200.00 Custom Engineered $275.00 STANDPIPE SYSTEM Type of Standpipe Fee Class I – new or existing $150.00 Class II - new or existing $150.00 Fire Pump $300.00 each, maximum $600.00 PHASED INSTALLATION Additional Fee Additional Hydrostatic Pressure Test (1 test included per permit) $150.00 Additional Cover Inspection (1 cover inspection included per permit) $75.00 ** Devices include separate individual portions of a Fire Sprinkler System such as: Sprinklers, Risers, Valves, Pull Stations, Beam Detectors and other such devices. (Each piece is one device) SPRAY BOOTHS (105.7) & INDUSTRIAL OVENS (105.7.7) Spray Booths Fee Pre-Engineered w/documents $150.00 Site-built or used w/o documents $250.00 Industrial Oven $250.00 NOTE: SEPARATE SPRINKLER PERMIT REQUIRED CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 14 FIRE ALARM SYSTEM - NFPA 72 (105.7.3) TENANT IMPROVEMENT OR SYSTEM MODIFICATION Number of Devices* Fee 1 to 2 $75.00 3 to 5 $125.00 6 to 10 $175.00 11 to 20 $225.00 21 to 40 $300.00 41 to 100 $375.00 101 to 200 $475.00 >200 $500.00 plus $50.00 per 100 additional devices NEW COMMERCIAL SYSTEM Number of Devices* Fee 1 to 100 $350.00 101 to 200 $475.00 >200 $500.00 plus $50.00 per 100 additional devices NOTE: In additional to device* fees shown, the following fees also apply: FACP AND/OR TRANSMITTER New $200.00 Replace $125.00 NOTE: All Central Station Monitoring must be UL or FM listed. *Devices include separate individual portions of a Fire Alarm System such as: Initiating Devices, Notification Appliances, Flow Switches, Supervisory Switches, Magnetic Door Hold - Open Devices, Remote Annunciators, Pull Stations, Beam Detectors and other such devices. (Each piece is one device) Table 4-10: Fire Plan Review Fees Total Valuation Fee ($) <5,000.00 100.00 $5,000.00 and over Table 4-2 valuation Section 5. Fire Department Life-Safety Inspection Fees. Fees for re-inspections for life- safety issues conducted by the Fire Department shall be as listed in Table 5: Fire Department Life-Safety Inspection Fees. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 15 Table 5: Fire Department Life-Safety Inspection Fees Action Fee ($) Life / Safety Inspections of Businesses Initial Inspection 0.00 First re-inspection for corrections 0.00 Second re-inspection for corrections 100.00 Third re-inspection for corrections 150.00 Additional inspections to complete life/safety corrections and attain compliance 250.00 Fireworks Stand Inspection 50.00 Section 6. Fees for the Use of City Owned Facilities. Fees for various services, actions, and permits regarding use of City owned facilities shall be as listed in Table 6: Fees for the Use of City Owned Facilities. Table 6: Fees for the Use of City Owned Facilities Hadley Hall at the Arlington Community Youth Center, Stillaguamish Conference Room* at Public Works Administration (154 W. Cox). *This facility does NOT have a kitchen facility available for use. Room usage fees for community youth related activities and Neighborhood Watch meetings may be waived. Use/Activity Fee ($) Without Kitchen One to three hours 15.00 per hour Over three hours 75.00 With Kitchen One to three hours 20.00 per hour Over three hours 125.00 Athletic Fields Field Use $10.00 per hour Lighting $3.00 per 1.5 hours Community Garden 4 X 20 foot bed $20.00 per season 4 X 8 foot bed $15.00 per season 2 X 8 foot bed $10.00 per season CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 16 Section 7. Appeal Fees for Violations and Abatement. Fees for various services and actions regarding violations and abatement as per Chapter 11.01 of the Arlington Municipal Code shall be as listed in Table 7: Appeal Fees for Violations and Abatement. Table 7: Appeal Fees for Violations and Abatement Action Fee ($) Appeals To Hearing Examiner 582.00 plus actual cost of Hearing Examiner Fines Forest Practice Violation Fine 317.00 Section 8. Licensing Fees. Licensing fees for various licenses issued under various sections of the Arlington Municipal Code shall be as listed in Table 8:- Licensing Fees. Table 8: Licensing Fees License/Activity Fee ($) New application / renewal business license under AMC Chapter 5.28 60.00 Late payment penalty for business license under AMC Chapter 5.28 120.00 For new applications applied for between October 1 st through December 31st 45.00 For new applications applied for between January 1st through March 31st 30.00 For new applications applied for April 1st through June 30th (Note: $15 for the remainder of the current business license year and $60 for the new business license year for a total of $75, making the business license valid thru June 30th of the following year.) 75.00 Peddlers & Solicitors License under AMC Chapter 5.04 25.00 Vehicles for Hire License under AMC Chapter 5.12 - First vehicle - Each vehicle thereafter 35.00 15.00 Cabaret License under AMC Chapter 5.16 (annual) 75.00 Section 9. EMS Fees and Charges. 9.1 Fees and Mileage Charges Established. For purposes of AMC Chapter 3.06, fees and mileage for EMS services shall be set as set forth in Table 9: Emergency Medical Services Rates and Charges. 9.2 Beginning on January 1, 2021, the rates set forth for the year 2020 shall be increased annually effective January 1 of each succeeding year by the June reported percentage increase of the Consumer Price Index (CPI) for the Seattle - CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 17 Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. 9.3 EMS Transport Fees. In accordance with the requirements of 42 Code of Federal Regulations (CFR) Parts 410 and 414, which provides that Medicare fees and charges shall apply to Medicare recipients; A. Unmet (excess fee) Part B Deductible and Part B coinsurance amounts. In accordance with the provisions of 42 CFR Parts 410 and 414, the City shall bill the patient for any unmet or excess fee to the extent authorized by federal law. B. Inability to Pay Excess Fee. Individuals who are on fixed or low incomes or do not have the ability to pay the differential because of financial difficulties may submit a request to waive the differential to the City with supporting documentation of the inability to pay. Table 9: Emergency Medical Services Rates and Charges Service 2018 Rate ($) 2020 Rate ($) BLS Non-emergent 775.00 800.57 BLS Emergent 775.00 800.57 ALS 1 1,150.00 1,187.95 ALS 2 1,225.00 1,265.42 ALS Response Fee 291.33 300.94 Mileage (all categories) 20.00 per mile 20.66 per mile Section 10. Dog Licensing Fees. 10.1 Fees for dog licenses as called for in Arlington Municipal Code Chapter 8.09 shall be listed in Table 10: Dog Licensing Fees 10.2 Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her guide dog, or a request by a physically disabled person not to be charged a fee to license his or her service animal. 10.3 All dogs require proof of current Rabies vaccination to be licensed. Table 10: Dog Licensing Fees License Annual Fee ($) Dog – unaltered (annual tag) 40.00 Dog – altered (lifetime tag) 20.00 Dog –altered (senior citizen owner – lifetime tag) 10.00 Replacement Tag fee 5.00 Section 11. Fees for Police Services. Fees for various services, actions, and permits for police services shall be as listed in Table 11: Fees for Police Services. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 18 Table 11: Fees for Police Services Action / Service / License Fee ($) Fingerprinting 20.00 Concealed Weapons Permits: 1.New permit 2.Permit Renewal 3.Lost or stolen permit 4.Late renewal of permit All charges per RCW 9.41.070 Lamination of Concealed Weapons Permit 4.25 Anti-Harassment Order Service (Includes service, return of service, mileage & fuel costs) 80.00 Fine for Parking: 1.Fine for parking as described in Arlington Municipal Code 10.54.060, Prohibited Parking 2.Fine if paid within 24 hours of issuance 3.Fine if not paid within 15 days of issuance 50.00 25.00 100.00 Section 12. Fees for Duplication of Public Records. 12.1 Fees for various services and actions for duplication of public records shall be consistent with the provisions of RCW 42.56.120 and listed in Table 12: Fees for Public Records Services. 12.2 The City of Arlington finds that calculating the actual costs of scanning per page in order to fulfill a public records request would be unduly burdensome for the following reasons: (a) The City employs over 120 employees. Because all City employees contribute to the production of public records requests and all employees earn different salaries or rates of pay, the public records officer would have to be privy to salaries of all employees in order to calculate the invoice; (b) Employees supplying scanned records to the public records officer would be required to track time spent, thereby creating a burden for those employees without work stations as well as additional work not assigned in many employees’ job descriptions and or union contracts; (c) The City’s public records officer would be required to maintain a record of all employees who contribute to each part of a public record request and potentially charge different amounts for multiple scanned pages; (d) The City uses more than seven document scanning machines with different CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 19 costs and lease agreement fees which change from time to time. The cost of supplies for the City’s various scanning machines is subject to change based on current market rates. Calculating the portion of the machines and supplies used toward scanning public records would require knowledge of the cost of supplies and an in-depth analysis of timing and application multiplied by each contributing employee’s hourly rate of pay; and (e) The response time to a public records request may be delayed in order to calculate scanning costs and create an invoice with different rates of scanning charges. Table 12: Fees for Public Records Services Action / Service Fee ($) In house copying of City documents for the public 0.15 per page In house copying of City documents to PDF when original document is not in electronic format 0.10 per page Provision of files or attachments and provided by electronic delivery 0.05 per 4 files or attachments Electronic records transmission 0.10 per gigabyte (GB) Storage media (USB, CD), container, envelope, and postage delivery charge Actual cost Duplication of documents and other media printed by outside party Actual cost to reproduce Section 13. Fees for Franchise Applications. Pursuant to AMC Title 21, fees for various services and actions for franchise applications shall be listed in Table 13: Fees for Franchise Applications. Table 13: Fees for Franchise Applications Action / Service Fee ($) Franchise Application Fee $1,000 Legal Review of Franchise Application Actual costs Section 14. Fees for GIS Services. Fees for various services and actions for GIS shall be listed in Table 14: Fees for GIS Products Table 14: Fees for GIS Products Action / Service Fee ($) Zoning and Land Use Maps 10.00 11x17 5.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 20 2x3 13.00 3x3 19.00 3x4 25.00 Map CD 26.00 Data CDs/FTP 26.00 per client Hourly Rate for Custom Work 127.00 per hour, ½ hour minimum Laminating 3.00/sq ft Shipping Actual Cost of container and postage Section 15. Finance Department Services Fees for various services, actions, and permits for finance services shall be as listed in Table 15: Fees for Finance Department Services. Table 15: Fees for Finance Services Action / Service Fee ($) Non-Sufficient Funds – Dishonored or disallowed draft or check $35.00 Establishing a new utility account $18.00 Reactivating an existing utility account $18.00 Shut off processing fee Section 16. Repeal of Previous Fee Resolution. Section 17. Effective Date. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX Page 21 APPROVED AS TO FORM: _______________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #5 Attachment KCOUNCIL MEETING DATE: January 21, 2020 SUBJECT: Amend Arlington Municipal Code 13.12 rescinding the scheduled 2020 CPI increase to the water, sewer, and stormwater utility rates. ATTACHMENTS: DRAFT Ordinance DEPARTMENT OF ORIGIN Public Works; James Kelly, Director – 360-403-3505 EXPENDITURES REQUESTED: None BUDGET CATEGORY: Utilities BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Proposal to amend Arlington Municipal Code (AMC) 13.12 allowing the City to defer implementation of the 2020 mandatory water, sewer, and stormwater utility rate increases. HISTORY: AMC 13.12.040 mandates that the water, sewer, and stormwater utility rates be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area. Staff has reviewed the current utility budget forecast and has determined that the mandatory CPI increase is not necessary for 2020. ALTERNATIVES: Do not approve the amendment to AMC 13.12.040 Table for further discussion RECOMMENDED MOTION: I move to approve the Ordinance rescinding the scheduled 2020 CPI increase to the water, sewer, and stormwater utility rates, pending final approval by the City Attorney. ORDINANCE NO. 20192020-XXX 1 ORDINANCE NO. 20192020-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 13.12 PERTAINING TO UTILITY RATES WHEREAS, the City of Arlington has the authority to set rates and charges for its utility system; and WHEREAS, the City’s Public Works department conducted a utility billing analysis in 2018 to determine the cost of service to provide water and wastewater services to Arlington’s utility customers; and WHEREAS, based on the further analysis completed by staff in 2019, the City proposes to maintain the current 2018 2019 rates for 2019 2020 for all customer classes; and WHEREAS, the City Council considered this amendment at their workshop on January 1413, 2019 2020 and at their regular meeting held on January 2221, 20192020, and determined approving the amendment was in the best interest of the City and its citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Section 13.12.040 shall be and hereby is amended to read as follows: 13.12.040 - Water rates and charges. Applicable state and city utility taxes are included in the following rates and charges for water service. The total monthly water charges for every service shall include the Base Charge, and the consumption charge, as set forth below. Beginning on January 15, 20202021, the rates set forth for the year 2019 2020 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be made for the period from January 15, 2019 2020 to January 14, 20202021; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE NO. 20192020-XXX 2 (1) Minimum monthly Base Charge schedule: (2) Monthly rate schedule charged for water consumption: 2019 2020 RATES First 300 cf Note - Included in Base Charge for SFR and Commercial water Next 700 cf $2.94 Over 1,000 cf $3.10 Over 3,000 cf $3.10 (3) Fair and equitable minimum rates for water consumers having meters larger than four inches shall be fixed by the city council and written agreements shall be entered with the users setting forth said rates. The city council may enter into contracts with water users deviating from such rates where special circumstances dictate; provided that, such rates shall not be discriminatory. (4) Temporary water service. Temporary water service for construction purposes, or for any other purpose temporary in nature that will not require a permanent service installation must be obtained through a Fire Hydrant Use Permit as stipulated in AMC 13.04.100(e). Charges for temporary use of water shall be as follows: Temporary Water Services Charges $50.00 ORDINANCE NO. 20192020-XXX 3 Usage Rate First 300 cubic feet (cf) (A) The security deposit shall be refunded to the customer after the equipment has been returned and inspected for any damages; customer shall be solely responsible for all damages. Customers shall be billed on a monthly basis for monthly equipment rental charges and usage fees from the date of temporary service installation. (B) The usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be made for the period from January 15, 2012 2020 to January 14, 20202021, and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 2. Arlington Municipal Code Section 13.12.130 shall be and hereby is amended to read as follows: 13.12.130 - Residential sewer rates and charges. Applicable state and city utility taxes are included in the following rates and charges for sewer service. The total monthly sewer charges for every SFR and MFR service shall be a flat fee and not based on metered water consumption. The effective dates for the following sewer rates will be based on the city's billing cycle for use beginning on January 1, 20192020. Beginning on January 15, 20202021, the rates set forth for the year 2019 2020 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Monthly charge (sewer) ORDINANCE NO. 20192020-XXX 4 Section 3. Arlington Municipal Code Section 13.12.140 shall be and hereby is amended to read as follows: 13.12.140 - Commercial sewer rates and charges. (a) All sanitary sewer services connected to any public or private premises that are defined as “Commercial classification” in Section 13.12.110 shall be charged for sanitary sewer service upon the basis of water consumption. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following rates will be based on the city's billing cycle for use beginning on January 1, 20192020. Each user shall pay a minimum monthly charge of one base rate plus a volume rate for all consumption over three hundred cubic feet per month. Monthly charge (sewer) $70.15 $7.25 (b) Beginning on January 15, 20202021, and on January 15th each year thereafter the rates set forth for the year 2019 2020 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change, provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 4. Arlington Municipal Code Section 13.12.150 shall be and hereby is amended to read as follows: 13.12.150 - Industrial user classification and charges. The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250, and Chapter 13.36, shall be as follows: (1) All user charges shall be based upon equitable unit charges established for flow BOD (biochemical oxygen demand) loading and TSS (total suspended solids) loading, based upon the average BOD, TSS and other parameter(s) concentrations (as established by the public works director) ORDINANCE NO. 20192020-XXX 5 monitored for the industrial user and the flow recorded in the monitoring manhole or water use. (2) A minimum monthly charge will be established by the city to cover the basic sewer costs and monitoring of the industrial user's wastewater discharge, and in the event the monthly sewer bill does not exceed this amount the industrial user shall agree to pay the estimated minimum monthly charge. This charge shall be reviewed from time to time and adjusted to ensure the charge is covering the monitoring services and sewer costs provided and must be reviewed every two years. Initially, the monthly charges shall be based on the following, unless otherwise established in the negotiated discharge permit: (A) For an industrial user with waste strength less than two hundred fifty mg/l, measured as five-day BOD and TSS, and other parameters within limits established in Sections 13.08.240, 13.08.250, [and Chapter] 13.36, and whose discharge does not require regular monitoring other than flow, the minimum monthly charge is as set forth below: Sewer Charges (monthly) (B) For an industrial user with waste strength in excess of two hundred fifty mg/l for two months or more per year, the minimum monthly charge is as set forth below: Sewer Charges (monthly) (C) Beginning January 15, 20202021, and each January 15th thereafter, the charges set forth in subsections (1)(A) and (1)(B), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (3) Until such time as a sewer user charge analysis can be conducted to establish equitable charges under a negotiated discharge permit between the city and the industrial user, the following shall be used as the basis for industrial user charges: (A) Flow based charge per cubic foot of wastewater discharged; (B) BOD charge per pound of BOD discharged; and ORDINANCE NO. 20192020-XXX 6 (C) TSS charge per pound of TSS discharged, pursuant to the following table: ORDINANCE NO. 20192020-XXX 7 Sewer charge (monthly) (D) Beginning January 15, 20202021, and each January 15th thereafter, the charges set forth in subsection (c), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (4) Flow shall be based upon one hundred percent of the water consumption or rate of flow of wastewater discharge into the sewer (measured in an industrial user installed flow measurement and recording equipment installed in control manhole, pursuant to Chapter 13.36). Strength of wastewater discharged shall be established based upon twenty-four-hour composite samples made by the city at the control manhole and tested by the city's wastewater treatment plant laboratory or state certified testing laboratory. All testing shall be in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS, pounds per day, shall be calculated based upon concentration of composite samples and established flow rates. (5) Appeal. (A) If any user believes that a portion of the user's metered flow, larger than ten percent, is not discharged into the sewer system (when flow measurement is not provided in the control manhole), the user should make written application to the public works director for review of the user's flow of wastewater. If the public works director agrees that charges for the user should be adjusted, they shall so notify the city council, which may approve such change, or direct a recomputation of the user's sewer rates. (B) If the public works director does not agree to the adjustment of user charges, the user may further appeal to the city council, which may direct further study or take other appropriate action. Section 5. Arlington Municipal Code Section 13.12.540 shall be and hereby is amended to read as follows: ORDINANCE NO. 20192020-XXX 8 13.12.540 - Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (1) State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (2) Beginning on January 15, 20202021, the rates set forth for the year 2019 2020 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no annual increase shall exceed two percent; and provided further, that notwithstanding any reduction in the CPI, rates shall not decrease. Stormwater charges (monthly) 2020 (3) For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 7. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. ORDINANCE NO. 20192020-XXX 9 PASSED BY the City Council and APPROVED by the Mayor this _____ day of January, 20192020. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: Erin KeatorWendy Van Der Meersche, City Clerk Approved as to form: Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: NB #6 Attachment LCOUNCIL MEETING DATE: January 21, 2020 SUBJECT: Scope of Work (SOW) and Fee Estimate from consultant Murraysmith for design services for the Cascade Industrial Center (CIC) Utilities. ATTACHMENTS: Scope of Work and Fee Estimate Schematic of proposed Water and Sewer Infrastructure (two drawings) DEPARTMENT OF ORIGIN Public Works; James Kelly, Director – 360-403-3505 EXPENDITURES REQUESTED: $ 113,295 estimate BUDGET CATEGORY: Utilities Capital Funds BUDGETED AMOUNT: Not originally budgeted for 2020; will need an amendment LEGAL REVIEW: DESCRIPTION: This SOW and fee estimate from Murraysmith is for infrastructure analysis and preparation of construction design documents for the CIC Utility Improvements. HISTORY: The CIC area south of SR-531 is beginning to develop and in order to support the development in this region of the CIC the City is moving forward with installing water, sewer, and communication trunk-line infrastructure improvements. After reviewing several engineering qualifications, the City requested a proposal from Murraysmith to provide engineering services for the CIC Utility Improvements. A copy of the final negotiated scope of work and fee is attached for your consideration. This project will extend water, sewer, and fiber optic communication services south of SR 531 (172nd St City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 1 EXHIBIT A SCOPE OF SERVICES CASCADE INDUSTRIAL CENTER UTILITY IMPROVEMENTS PROJECT CITY OF ARLINGTON Project Background and Approach Murraysmith, Inc. (Murraysmith) proposes to provide to the City of Arlington (City) engineering services for the Cascade Industrial Center Utility Improvements project. The project’s purpose is to extend water and sewer utilities in support of future development within the Cascade Industrial Center south of SR 531 (172nd Street NE). The project includes the following improvements (an Arlington provided graphic of the improvements is included Attachment 1): 43rd Avenue NE: approximately 850 linear feet of 12-inch water main, including trenchless crossing of SR 531 (jack and bore). 47th Avenue NE: approximately 120 linear feet of 12-inch water main, including trenchless crossing of SR 531 (jack and bore). 59th Avenue NE: approximately 250 linear feet of 12-inch water main, including trenchless crossing of SR 531 (jack and bore); and approximately 1,200 linear feet of 8-inch force main from Lift Station #12, including trenchless crossing of SR 531 (jack and bore). 63rd Avenue NE, approximately 300 linear feet of 12-inch water main, including trenchless crossing of SR 531 (jack and bore). Evaluation of Lift Station #12 and downstream gravity sewer system to the Water Reclamation Facility for operational impacts with the addition of flows from the proposed List Station #16. Installation of a two-conduit fiber optic communication bank connecting the Arlington Airport office to Lift Station #4 and Lift Station #12; and from fiber conduit installed others on 168th St (intersection of 51st Ave and 168th St and Lift Station #12) and terminating at Lift Station #5. This alignment of the fiber optic conduit bank will require the trenchless crossing of SR 531 at 59th Ave and 51st Ave and will be completed concurrently with other utility crossing. Murraysmith has developed the following scope of services and accompanying fee estimate based on our understanding of the project and discussions with City staff. This scope includes preliminary EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 2 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx design, final design, and support services to assist the City during bidding and award. The City will be responsible for all other work, including necessary permitting, WSDOT coordination, potholing, easement acquisition, bidding and construction management and inspections. Scope of Services Task 101 - Project Management Objective To provide overall leadership and team strategic guidance aligned with City of Arlington staff objectives. To coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. Activities 101.1 Project Status Reporting Report status of work activities, data needs and issues requiring City input through weekly project status e-mails and phone calls to City Project Manager. 101.2 Staff Management Manage project staff to ensure all services are in conformance with the scope of services, budget, and schedule. 101.3 Invoices and Budget Oversight Monitor project costs and manage budget and billing tasks, including preparation and submission of monthly invoices and progress reports. 101.4 Project Schedule Prepare and update project schedule for use throughout the project. 101.5 Quality Assurance/Quality Control (QA/QC) Manage and coordinate in-house quality assurance reviews of all deliverables. 101.6 Project Management Meetings Meet with City Project Manager to discuss project schedule and budget. EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 3 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx Murraysmith Deliverables 1.Consultant shall deliver to the City of Arlington a monthly invoice and status report covering: Weekly e-mail project status reports. Correspondence, e-mails and other documentation. Updated project schedules (PDF format). City Responsibilities 1.Review project status reports, invoices, and schedule and provide comments to Murraysmith. Assumptions 1.Anticipated notice to proceed will be on or about February 1, 2020. 2.Design services will be completed according to the schedule contained in this scope. 3.Project schedule will be developed and maintained using MS Project, or other common scheduling software package. 4.Up to two (2) updated project schedules will be sent to the City. 5.Up to two (2) on-site project management meetings will be attended by up to two Murraysmith staff. Task 201 - Data Collection and Utility Coordination Activities 201.1 Kick-off Meeting Prepare for and conduct project kick-off meeting with City staff and key team members to discuss project, confirm proposed improvements, review project schedule and discuss key elements of the project. Prepare meeting agenda and meeting summary (draft and final). 201.2 Data Request List Coordinate with City on supplemental data needs, as necessary. Prepare a list of supplemental data needed for the project, submit list to the City, and coordinate with the City during the data collection process. This includes preparing additional lists of supplemental data needed for the project, as necessary. 201.3 Review Data and Information Review data and information provided by the City and extract relevant information for the project. This will include record drawings, previous studies or reports, GIS, aerial photographs, EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 4 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx construction photos, and other data related to the project sites. Include review of existing sewer lift stations and site tour of existing Lift Station #2 (site tour to occur after kick-off meeting). 201.4 Utility Coordination and Analysis Acquire utility system mapping, including plans for future improvements, from all utilities located within the project area. Perform a utility conflict analysis for the preliminary alignments to identify potential utility conflicts. Develop a list of potential conflict locations to obtain specific utility information, including dimensions, location and depth, identifying areas to be potholed by the City to confirm existing utilities at critical locations of planned improvements, as necessary. Murraysmith Deliverables 1.Agenda and summary of kick-off meeting (draft and final). 2.Electronic copies of formal “Data Request”. 3.Documentation of utility conflict analysis and recommendations for utility potholing, if required. City Responsibilities 1.Coordinate with project team, assist with scheduling meeting, and attend meeting. 2.Review meeting agenda, meeting summary, and provide comments to Murraysmith. 3.Provide all available documentation for City facilities, as requested. 4.City crews to perform potholing as determined by the utility conflict analysis and on an as- needed basis. Assumptions 1.One (1) kick-off meeting will be attended by up to three Murraysmith team members. 2.Up to two (2) data requests will be developed and submitted to the City. Task 202 - Preliminary Design This task will include coordination with City staff and development of preliminary plans to the approximately 30 percent design completion level as described below. Activities 202.1 Preliminary Design (30%) – Utility Improvement 1.Utility Improvement Plans (30% Design Completion Level) – Using the project information developed in the previous tasks and subtasks, prepare preliminary design drawings to the 30% design completion level. The drawings will include general sheets, preliminary pipeline alignments in plan view and water service schedule, if required. EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 5 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx 2.Engineer’s Opinion of Probable Construction Cost – A preliminary engineer’s opinion of probable construction cost, to 30% design completion level, will be developed for the utility improvements and include a schedule of estimated quantities, unit prices, and total preliminary construction cost. 202.2 Lift Station 12 – Downstream Evaluation 1.Evaluate Downstream Impacts – Review capacity and operation of downstream gravity sewer and lift station to determine operational changes at existing Lift Station 12 and the additional flows from proposed Lift Station 16 using City’s SewerCAD model. The results of the evaluation will be summarized in a brief technical memorandum. Murraysmith Deliverables 1.30% preliminary plans, at half size (11x17), will be prepared for each construction year and submitted to the City in electronic format (PDF) for review and comment. 2.Engineer’s Opinion of Probable Construction Cost in electronic format (PDF) for review and comment. 3.Lift Station 12 Downstream Evaluation Technical Memorandum to include hydraulic profile and sewer system map showing gravity sewer and/or lift station capacity. City Responsibilities 1.City will provide Murraysmith current GIS mapping, aerial imagery and LiDAR. 2.City will provide topographic survey basemaps in AutoCAD format for the project limits. 3.City will provide fiber optic conduit sizing and any applicable standards/specifications. 4.Complete review of the preliminary design drawings, engineer’s opinion of probable construction cost and all supporting documentation and provide one compiled written set of comments prior to the 30% review meetings and site visit. 5.City will request utility locates for construction areas. 6.City to provide Lift Station #12 record drawings, pump curves, and operational history. 7.City to provide proposed Lift Station #16 drawings, specifications, and pump curves. 8.City will provide up to date SewerCAD model. No model updates will need to be added other than those related specifically to the LS 12 Downstream Evaluation. EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 6 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx Assumptions 1.Drawings will be developed at 1” = 20’ scale in AutoCAD electronic format. 2.City review period is assumed to be 2 weeks. 3.Only one (1) set of review comments will be received from the City. 4.The complete Project Contract Document packages (front end, specifications, appendices, etc.) will not be prepared for the preliminary design phase. Task 203 – Final Design (90% Design Completion Level) This task will include coordination with City staff and development of 90% design plans, specifications and engineer’s opinion of probable construction cost for City review. Elements of this task will include the following. Activities 203.1 Final Design (90%) – Utility Improvement 1.30% Review and Site Visit with City Staff – Prepare for and attend 30% design review meeting to discuss final design development for the utility improvements. Prepare meeting agenda and meeting summary (draft and final). Following review meetings, meet with City engineering and operations staff in the field to review the water and sewer force main alignments at each site. 2.Plans, Specifications and Estimate (PS&E) – 90% Design Completion Level Preliminary design drawings (30% design completion level) will be revised and further developed to incorporate comments from the City’s review of the preliminary design. Develop design plans to approximately the 90% design completion level. Murraysmith will prepare technical specifications and appendices to support the design and to be included in the project Contract Documents. Specifications will be prepared based on the City’s standard special provisions to the most current WSDOT Standard Specifications. The City's front-end specifications will be reviewed to ensure consistency between technical specifications and contractual documents. The engineer’s opinion of probable construction cost (30% design completion level) will be revised per the design revisions and will include a schedule of estimated quantities, unit prices, and total construction cost. Develop engineer’s opinion of probable construction cost estimate to approximately the 90% design completion level. EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 7 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx Submit 90% design packages, including near complete plan set, specifications, and engineer’s opinion of probable construction cost for all utility improvements, to the City for review and comment. Murraysmith Deliverables 1.Agenda and summary of all meetings (draft and final). 2.90% plans at half size (11x17), specifications and engineer’s opinion of probable construction cost will be prepared and submitted to the City in electronic format (PDF and Word) for review and comment. City Responsibilities 1.Coordinate with project team, assist with scheduling meetings, and attend meetings. 2.Review meeting agendas, meeting summaries, and provide comments to Murraysmith. 3.Attend site visit with Murraysmith staff and provide input on final design improvements. 4.Complete technical review of the 90% design completion documents and provide one compiled written set of comments for each submittal. 5.Prepare and provide electronic files, and periodic updates, of text, forms, schedules and other components of the contract documents, including preferred “front-end” sections. 6.City to provide AutoCAD drawings of standard details to be incorporated into the Contract Plans. 7.City will be responsible for preparing permits, easements, and coordinating project elements with key stakeholders, including WSDOT, franchise utilities and public as affected by the project. Assumptions 1.One (1) 30% review meeting will be attended by up to three Murraysmith team members. 2.One (1) site visit will be attended by up to two Murraysmith team members. 3.City will provide information on storm and sanitary sewer main improvements, fire hydrants to remain, and a list of water services for each construction project. 4.Murraysmith will use the 2019 Water Improvements project contract provisions as the basis of the specification and detail development for this project. 5.City review period is assumed to be 2 weeks. EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 8 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx 6.Review comments will be received in a complete, single submittal. 7.Contractor shall be responsible for the development of traffic control and erosion control plans. 8.No Critical Areas Study is required. 9.Design plans are anticipated to include up to 13 sheets as indicated in the preliminary drawing list included with this scope of work. 10.City standard details will be included in the Contract Plans, not in the Contract Provision Appendices. Task 204 – Final Design (Signed Bid Package) This task will include coordination with City staff and development of final bid ready plans, specifications and engineer’s opinion of probable construction cost for City review. Final bid ready plans will incorporate all prior review comments and will be suitable for bidding. Elements of this task will include the following. Activities 204.1 Final Design (Signed Bid Package) – Utility Improvements 1.90% Review and Coordination Meetings with City Staff – Prepare for and attend 90% design review meetings with City engineering and operations staff to discuss review comments and gather input on key issues related to utility improvements. Prepare meeting agenda and meeting summary (draft and final). 2.Final Bid Ready Plans and Specifications The 90% design packages will be revised to incorporate comments from the City’s review of the 90% design. Develop design plans, specifications and engineer’s opinion of probable construction cost that are ready for bidding. Revise bid proposal quantities to reflect a bid-ready design package. Submit stamped and signed bid-ready Contract Documents to the City for distribution. Murraysmith Deliverables 1.Agenda and summary of all meetings (draft and final). 2.Final stamped and signed plans at half size (11x17) and full size (22x34), specifications, and engineer’s opinion of probable construction cost will be prepared and submitted to the City in electronic format (PDF and Word). EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 9 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx City Responsibilities 1.Coordinate with project team, assist with scheduling meetings, and attend meetings. 2.Review meeting agendas, meeting summaries, and provide comments to Murraysmith. 3.Prepare and provide electronic files, and periodic updates, of text, forms, schedules and other components of the contract documents, including preferred “front-end” sections. 4.City to provide AutoCAD drawings of standard details to be incorporated into the Contract Plans. 5.City to coordinate and submit bid-ready contract documents to SolicitBid or similar service. Assumptions 1.One (1) 90% review meeting to discuss the utility improvements will be attended by up to three Murraysmith team members. 2.Murraysmith shall apply a Washington Professional Engineer’s stamp with signature and date on the final bid-ready edition of the design plans and specifications. Task 205 – Bidding Assistance This task will include supporting the City on an as-needed basis in providing assistance during bidding of the project. Activities 205.1 Bidder Inquiries With direction from the City, respond to questions from bidders, subcontractors, equipment suppliers and other vendors regarding the project plans and specifications. Maintain a written record of communications during bidding process. 205.2 Addenda Assist the City in the preparation of any addenda as necessary to clarify the contract documents. Murraysmith Deliverables 1.Written responses to bidder’s questions as required. 2.Draft addenda as required for the City to distribute to plan holders. EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 10 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx City Responsibilities 1.The City will be responsible for tasks associated with printing bid documents, document distribution, bid advertisement, addenda distribution, plan holder administration, bid evaluation, bid tabulation, etc. Assumptions 1.Murraysmith’s support services during bidding will be performed up to the extent of the fee estimate. 2.Up to three (3) responses to bidder inquiries will be prepared for the project. 3.Up to two (2) draft addenda will be prepared for the City. Task 206 – Subconsultant Services This task will provide services from one subconsultant that is required to provide information for the design of the proposed utility improvements. Murraysmith will coordinate these services to ensure all project requirements are included in the final design and bid documents as required. Activities 206.1 Geotechnical Engineering (HWA Geosciences) HWA GeoSciences, Inc. (HWA) will provide geotechnical engineering services in support of the proposed utility improvements during the preliminary design phase of the project. Geotechnical explorations and geotechnical baseline report will be prepared to support the trenchless utility crossings. These services, deliverables, and assumptions are described in detail in HWA’s proposal (Attachment 2). Murraysmith/HWA Deliverables 1.Geotechnical Work Plan. 2.Draft and Final Geotechnical Baseline Report. Preliminary Estimated Schedule Murraysmith shall begin work immediately upon receipt of Notice to Proceed from the City. Work shall proceed according to the preliminary estimated schedule presented below, which reflects the City's desire to complete the signed bid package by the end of 2020. Murraysmith will proceed according to the work program shown below, however the schedule may change due to design collaboration efforts with the City. Factors beyond Murraysmith’s control may also require schedule modifications. EXHIBIT A City of Arlington MURRAYSMITH CIC Utility Improvements January 2020 11 \\arlington\city\PW_Admin\Contracts\MSA Contracts\08_Cascade Industrial Cntr Utility Imp (2019-2020)\SOW & Fee Rev02\Exh A - CIC Utility Imprvmt Scope - 2020-01-08.docx Notice to Proceed February 2020 Preliminary Design (30%) February - May 2020 90% Design & Submittal June - August 2020 Bid-Ready Documents & Submittal September - November 2020 Bidding and Award January - February 2021 Construction April - August 2021 Preliminary Drawing List Sheet Drawing Name 1 G1 Title Sheet, Vicinity Maps and Drawing Index 2 G2 Abbreviations, Symbols, Legend, and General Notes 3 U1 Utility Improvements (43rd Avenue)-1 4 U2 Utility Improvements (43rd Avenue)-2 5 U3 Utility Improvements (47th Avenue) 6 U4 Utility Improvements (51st Avenue) 7 U5 Utility Improvements (59th Avenue)-1 9 U7 Utility Improvements (59th Avenue)-3 10 U8 Utility Improvements-(63rd Avenue) 11 UD1 Utility Details-1 12 UD2 Utility Details-2 13 UD3 Utility Details-3 EXHIBIT A Draft * * * * * 47 t h A v e 51 s t A v e 168th St 43 r d A v e 59 t h A v e 63 r d A v e 67 t h A v e 172nd St Ne SR 531 168th St Connect toExisting Water12" DI Connect toExisting Water12" DI Connect toExisting Water Connect toExisting Water Connect toExisting Water12" DI UtilityImprovement to 12" DI City of Arlington Map s and GIS data are dis trib uted “AS-IS” w itho ut w arranties o f any k ind, either exp res s o r imp lied, including b ut no t limited to w arranties o f s uitab ility fo r a p articularp urp o s e o r us e. Map data are co mp iled fro m a variety o f s o urces w hich may co ntain erro rs and us ers w ho rely up o n the info rmatio n do s o at their o w n ris k . Us ers agree toindemnify, defend, and ho ld harmles s the City o f Arlingto n fo r any and all liab ility o f any nature aris ing o ut o f o r res ulting fro m the lack o f accuracy o r co rrectnes s o f the data,o r the us e o f the data p res ented in the map s . ´ ak cSR531_WaterFib er_11x17_19 10/28/20191 in = 500 feetScale:Date: File:Draw n b y: Aerial flo w n in 2017 MIC Utility Infras tructure So uth o f SR531 WaterWater (proposed) *City Funded Develo p er Imp ro vement Ro ads (p ro p o s ed) City Limits EXHIBIT A Draft !P !P !P !( !( !(!( !( !(!(!(!( !( !( !(" ") ") ") ")Connect toExistingMH-1782 Connect toExisting MH-2197 12" GravitySanitary Sewer Increase to 8"Force Main 8" Force MainLift Station(proposed) 47 t h A v e 51 s t A v e 168th St 43 r d A v e 59 t h A v e 63 r d A v e 67 t h A v e 172nd St Ne SR 531 168th St LS-04 LS-05 LS-08 LS-12 City of Arlington Map s and GIS data are dis tributed “AS-IS” w ithout w arranties of any kind, either exp res s or im p lied, inc luding but not lim ited to w arranties of s uitability for a p artic ularp urp os e or us e. Map data are c om p iled from a variety of s ourc es w hic h m ay c ontain errors and us ers w ho rely up on the inform ation do s o at their ow n ris k. Us ers agree toindem nify, defend, and hold harm les s the City of Arlington for any and all liability of any nature aris ing out of or res ulting from the lac k of ac c urac y or c orrec tnes s of the data,or the us e of the data p res ented in the m ap s . ´ akcSR531_Sew erFiber_11x17_19 10/14/20191 in = 550 feetSc ale:Date: File:Draw n by: Aerial flow n in 2017 MIC Utility Infras truc ture South of SR531 Sewer and Fiber")Lift Stations FiberLines (p rop os ed) !P Manholes (exis ting) Sewer Pipes Proposed City Funded Develop er Im p rovem ent Forc e Main (p rop os ed) "Lift Station (p rop os ed) !(Manholes (p rop os ed)Draft EXHIBIT A EXHIBIT B CASCADE INDUSTRIAL CENTER UTILITY IMPROVEMENTS PROJECT CITY OF ARLINGTON PROPOSED FEE ESTIMATE ESTIMATED FEES Principal Engineer VI Professional Engineer IX Professional Engineer VI Engineering Designer II Technician IV Administrative III Administrative I Hours Labor Total Geotech TCL/TJP NPH/BVO CEH/TCW SEO HCM PLD JFW Task 101 - Project Management Task 101.1 - Project Status Reporting 8 8 416$ -$ -$ 416$ Task 101.2 - Staff Management 2 8 10 541$ -$ -$ 541$ Task 101.3 - Invoices and Budget Oversight 8 6 14 632$ -$ -$ 632$ Task 101.4 - Project Schedule 4 4 208$ -$ -$ 208$ Task 101.5 - Quality Assurance/Quality Control (QA/QC)8 8 659$ -$ 40$ 699$ Task 101.6 - Project Management Meetings 4 6 10 562$ -$ 100$ 662$ Task 101 Subtotal 8 6 34 0 0 6 0 54 3,017$ -$ -$ 140$ 3,157$ Task 201 - Data Collection and Utility Coordination Task 201.1 - Kick-off Meeting 2 4 4 10 475$ -$ 50$ 525$ Task 201.2 - Data Request List 1 2 3 123$ -$ -$ 123$ Task 201.3 - Review Data and Information 2 4 8 14 617$ -$ 10$ 627$ Task 201.4 - Utility Coordination and Analysis 8 16 24 984$ -$ -$ 984$ Task 201 Subtotal 0 4 17 30 0 0 0 51 2,198$ -$ -$ 60$ 2,258$ Task 202 - Preliminary Design Task 202.1 - Preliminary Design (30%) - Utility Improvements Task 202.1.1 - Plans (30% Completion Level)4 26 54 34 2 120 5,019$ -$ 612$ 5,631$ Task 202.1.2 - Engineer's Opinion of Probable Construction Cost 2 8 10 388$ -$ -$ 388$ Task 202.2 - Lift Station 12 - Downstream Evaluation Task 202.2.1 - Evaluate Downstream Impacts 2 8 36 20 4 2 72 3,468$ -$ 72$ 3,540$ Task 202 Subtotal 2 12 64 82 38 0 4 202 8,875$ -$ -$ 684$ 9,559$ Task 203 - Final Design (90% Design) Task 203.1 - Final Design (90%) - Utility Improvements Task 203.1.1 - 30% Review and Site Visit with City Staff 2 4 6 1 13 588$ -$ 68$ 656$ Task 203.1.2 - Plans, Specifications and Estimate (90%)6 32 64 38 3 143 6,007$ -$ 684$ 6,691$ Task 203 Subtotal 0 8 36 70 39 0 3 156 6,595$ -$ -$ 752$ 7,347$ Task 204 - Final Design (Signed Bid Package) Task 204.1 - Final Design (Signed Bid Package) - Utility Improvements Task 204.1.1 - 90% Review and Coordination Meeting with City Staff 2 4 6 1 13 588$ 68$ 656$ Task 204.1.2 - Plans, Specifications and Estimate (Bid Ready)4 24 35 16 3 82 3,499$ -$ 288$ 3,787$ Task 204 Subtotal 0 6 28 41 17 0 3 95 4,087$ -$ -$ 356$ 4,443$ Task 205 - Bidding Assistance Task 205.1 - Bidder Inquiries 2 6 2 10 508$ -$ -$ 508$ Task 205.2 - Addenda 2 4 4 2 2 14 611$ -$ 36$ 647$ Task 205 Subtotal 0 4 10 6 2 0 2 24 1,119$ -$ -$ 36$ 1,155$ Task 206 - Subconsultant Services Task 206.1 - Geotechnical (HWA)2 2 2 6 300$ 22,461$ 22,461$ -$ 22,761$ Task 206 Subtotal 0 2 2 2 0 0 0 6 300$ 22,461$ 22,461$ -$ 22,761$ TOTAL - ALL TASKS 10 42 191 231 96 6 12 588 26,191$ 22,461$ 22,461$ 2,028$ 50,680$ Subtotal Direct Salary Cost (DSC)823 2,618 9,936 8,194 4,095 216 309 $ 26,191 Total Labor Cost (Overhead on DSC), 202.74%2,492 7,926 30,080 24,807 12,397 654 935 $ 79,291 Total Fee (Total Labor Cost), 12% Profit plus Expenses 2,791 8,877 33,690 27,784 13,885 732 1,047 $ 88,806 $ 22,461 $ 2,028 $ 113,295 Total Fee $ 113,295 Subconsultants Subconsultant Total Expenses City of Arlington January 2020 G:\PDX_BD\Clients\Arlington, WA\Cascade Industrial Center Utility Improvements\Scope_Fee\Exh B - CIC Utility Imprvmt Fee Est - 2020-10-07 Murraysmith CIC Utility Improvements Page 1 EXHIBIT A July 18, 2019 HWA Proposal No. 2019-P117-21 Murrysmith 2707 Colby Ave Suite 1110 Everett, Washington 98201 Attention: Nathan Hardy, P.E. Regarding: GEOTECHNICAL SERVICES 172ND STREET NE UNDERCROSSING ARLINGTON, WASHINGTON Dear Nathan, HWA GeoSciences Inc. (HWA) is pleased to present this proposed scope and budget for geotechnical engineering services associated with the 172nd Street NE Undercrossing project in Arlington, Washington. We understand that the City of Arlington proposes to construct four new utility undercrossings along 172nd Street NE at the intersections of 43rd Avenue, 47th Avenue, 59th Avenue, and 63rd Avenue in Arlington, Washington. These undercrossing will be completed using trenchless technologies to limit disturbance to the traffic flow along 172nd Street NE. We understand that the City of Arlington would like to conduct a geotechnical survey of the subsurface soils to provide prospective contractors with a basis for bidding the work. In support of this effort, HWA proposes the following scope of work. SCOPE OF WORK GEOTECHNICAL EVALUATION 1.Review Existing Data: HWA will review all readily available geotechnical information from the vicinity of the proposed project. This will include a review of the existing geotechnical reports for adjacent project sites, available geologic maps, online databases, and HWA’s library of geotechnical explorations to provide insight into the site soil conditions. 2.Plan Field Exploration Program: HWA will plan and coordinate a geotechnical exploration program for the project. The program will consist of conducting one geotechnical boring at each of the four intersections along 172nd Street NE. Planning will include EXHIBIT A July 18, 2019 HWA Proposal No. 2019-P117-21 2019-P117-21 2 HWA GeoSciences Inc. identification of the location of the geotechnical boring, development of traffic control plans (if required) and coordination of required equipment. 3.Conduct Utility Locates for Geotechnical Explorations: Prior to generation of our geotechnical work plan, HWA will mark the proposed exploration locations and arrange for utility locates using the Utility Notification Center. Utility location marks will be used to verify proposed field exploration locations prior to development of traffic control plans, as needed. 4.Generate Geotechnical Work Plan Figure: HWA will prepare a Geotechnical Work Plan Figure for the exploration program. This work plan will be submitted to the City for review and approval. The work plans will also be used for utility locating clearances and for permitting that may be necessary to access the exploration locations. We assume the CITY, in support of this project, will acquire and provide any required permits or right of entries at no cost to HWA. 5.Conduct Subsurface explorations (Geotechnical Boring): HWA will conduct one (1) geotechnical boring at each of the intersections, totaling four (4) borings, to assess the subsurface soil conditions. These geotechnical borings will be conducted at one of the corners of the intersection, preferably in the unpaved right-of-way. The exact location of each boring will be determined based on anticipated utility obstruction but may change as a result of utility locates. A private utility locator will be used to verify subsurface obstructions are avoided. The borings will be drilled to a depth of 20 feet below ground surface. Traffic control will consist of work behind the shoulder, without the use of flaggers. The geotechnical borings will be logged by an HWA geotechnical engineer or engineering geologist. The borings will be backfilled per the department of ecology requirement and no groundwater monitoring wells will be installed. 6.Generate Boring Logs and Assign Laboratory Testing: HWA will prepare summary boring logs and perform laboratory testing to evaluate relevant physical properties of the site soils. Laboratory testing will include moisture content, grain-size distribution, and Atterberg Limits, where appropriate. 7.HWA QA/QC: HWA will have all boring logs and reports reviewed by a senior engineer or geologist. 8.Team Meeting: HWA will attend up to one team meeting to covey the geotechnical impacts of the subsurface soils on the construction of the undercrossings. These implications will be conveyed verbally but will not be formalized as this scope of work only includes generation of a geotechnical baseline report. EXHIBIT A July 18, 2019 HWA Proposal No. 2019-P117-21 2019-P117-21 3 HWA GeoSciences Inc. 9.Reporting: HWA will prepare a geotechnical baseline report summarizing the results of our investigation and laboratory testing. We will finalize our report after receiving any review comments from the design team. 10.Project Management: HWA will provide project management and correspondence with the design team as necessary. We will provide progress reports with each monthly invoice, upon request. ASSUMPTIONS •The geotechnical explorations proposed herein will not be used to assess site environmental conditions. However, visual or olfactory observations regarding potential contamination will be noted. Analysis, testing, storage, and handling of potentially contaminated soil and ground water (either sampled or spoils from drilling) are beyond this scope of services. If contaminated soils and/or ground water are encountered, the material will be properly contained on-site for disposal as mutually agreed upon without additional cost to HWA. •All non-contaminated drilling spoils and related debris will be drummed on site and transported off site for disposal by the drilling subcontractor. •No geotechnical design report will be provided. •No geotechnical design analysis will be completed. •All required rights of entry will be provided by the City at no cost to HWA. •All required street use permits will be provided by the City at no cost to HWA. •Geotechnical explorations will not require WSDOT approval. •The borehole location will be surveyed by others. •No groundwater monitoring wells will be installed. COST ESTIMATE Based on our understanding of the required additional work, we propose to provide the above described geotechnical engineering scope of services on a time and materials basis for not to exceed $20,419. However, if during the project unexpected conditions are revealed that require alteration of our work scope, or the Client or Owner request analyses and evaluations which would require a level of effort beyond the scope of our proposed study and budget, we will contact you immediately to discuss any necessary EXHIBIT A July 18, 2019 HWA Proposal No. 2019-P117-21 2019-P117-21 4 HWA GeoSciences Inc. modifications to our scope of services and/or budget estimate. Our scope of services does not include evaluation of the potential presence and/or concentrations of contaminated and/or hazardous materials on site, nor within the ground water at the site location. A summary of our estimated costs is presented on the attached spreadsheet. ◆ We appreciate the opportunity to present this proposal for services on this project. If you have any questions regarding this proposal, or need additional information, please do not hesitate to contact us. Sincerely, HWA GeoSciences Inc. Donald J. Huling, P.E. Geotechnical Engineer, Principal EXHIBIT A Project Cost Estimate Geotechnical Services Project: 172nd Street NE Undercrossing Client: City of Arlington Consultant: HWA GEOSCIENCES, INC. WORK TASK DESCRIPTION Principal Geotechnical Engineer VI Geotechnical Engineer II Geotechnical Engineer I Geologist V CAD Clerical Total Task Hours Direct Salary Costs $280.00 $225.00 $130.00 $115.00 $140.00 $125.00 $80.00 . 0 19 20 22 3 2 2 68 10,235$ Collect and review available geotechnical data 2 2 260$ Plan Field Exploration Program 1 2 1 4 600$ Conduct Utility Locates 6 6 690$ Generate Geotechnical Work Plan Figure 1 3 4 615$ Conduct Subsurface Explorations (Geotechnical Borings)12 12 1,380$ Generate Boring Logs and Assign Laboratory Testing 1 3 2 6 755$ HWA QA/QC 3 1 4 815$ Team Meeting (Assume 1 Meeting)4 4 900$ Draft geotechnical baseline report 4 8 2 1 15 2,270$ Final geotechnical baseline report 2 2 1 5 790$ Total Hours 0 19 20 22 3 2 2 68 LABORATORY TESTING ESTIMATE:ESTIMATED DIRECT EXPENSES: TEST Est. No. Tests Unit Test Cost Total Cost Mileage @ .58/mile $150 Moisture Content 12 $22 $264 Drilling Sub-Contractor $6,000 Grain Size Analysis 16 $110 $1,760 Drilling mark up to cover taxes & fees $410 2 $200 $400 Private Utility Locator $200 LABORATORY TOTAL:$2,424 Traffic Control Equipment Rental $2,424 $10,184 PROJECT TOTALS AND SUMMARY: $10,235 $10,184 Geotechnical Services Total Labor Direct Expenses EXHIBIT A City of Arlington Council Agenda Bill Item: NB #7 Attachment M COUNCIL MEETING DATE: January 21, 2020 SUBJECT: November 2019 Financial Report ATTACHMENTS: Financial Reports – Narrative General Fund Operating Statement Revenue Charts Information only.