HomeMy WebLinkAbout12-15-08 Council Meeting
Arlington City Council
December 15, 2008 - 7 PM
City Council Chambers
110 E. Third
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda.
Please limit remarks to three minutes
CONSENT AGENDA
1. Minutes of the December 1 and 8, 2008 meetings ATTACHMENT A
2. Accounts Payable
3. Approval of Employment Contract for J. Rankin ATTACHMENT B
4. Resolution No. 779, Declaring certain property as surplus and ATTACHMENT C
authorizing its sale
PUBLIC HEARING
UNFINISHED BUSINESS
NEW BUSINESS
1. Purchase of Physical Fitness Equipment from the FEMA Grant, Assistance ATTACHMENT D
to Fire Fighters for Fire Station 46 and 48
2. Interlocal Agreement with Marysville for Smokey Point Fiber Network ATTACHMENT E
3. Kennedy/Jenks Proposal for WWTP Upgrade and Expansion ATTACHMENT F
4. Katy Isaksen & Associates Task Order #6 Storm Comp Plan ATTACHMENT G
Financial Analysis
DISCUSSION ITEMS
INFORMATION
MAYOR’S REPORT
ADMINISTRATOR & STAFF REPORTS
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
DRAFT
Minutes of the Arlington
City Council Meeting
Council Chambers
110 East Third
December 1, 2008
City Council Members Present by Roll Call: Dick Butner Sally Lien, Graham Smith, Marilyn Oertle,
Chris Raezer, Scott Solla, and Steve Baker
Council Members Absent: There were no Council members absent.
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Kathy Peterson, Jim Kelly, Rob
Putnam, Cristy Brubaker, Bryan Terry, Paul Ellis, Police Terry Quintrall, Ed Erlandson, Brian DeWitt, Mike
Keating, Kay Schander, Jonathan Ventura, Dan Cone, Mike McQuoid, Ronnie Johnstone, Mike Phillips,
Erik Moon, Rory Bolter, Anthony Davis, Jason Rhodes, Peter Barrett, Emma Davis, Curtis Hirotaka,
Elizabeth Chamberlin, Nancy Lingel, Fire personnel Jim Rankin and Rory Boulter, Julie Good, Jan Bauer,
Steve Peiffle – City Attorney
Also Known to be Present: State Representative Mark Ericks, Gale Fiege, and Sarah Arney
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Sally Lien seconded the motion, which passed with a
unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Swearing in new Police Sergeants: Dan Cone, Mike Keating, Mark Pennington, Kay Schander and
John Ventura
Police Officer Ed Erlandson introduced the 5 perspective sergeants, one by one, giving a brief history of
each, after which Acting Police Chief Quintrall administered the oath of office. Family members were
introduced and did the pinning of the new badge. The new Police Officers then met the Council.
PUBLIC COMMENT
There was no one in the audience who wished to speak on items not on the Agenda.
CONSENT AGENDA
There was a motion by Marilyn Oertle, seconded by Sally Lien, and unanimously carried to approve the
following consent agenda items:
1. Minutes of the November 17 and 24, 2008 meetings
2. Accounts Payable
Claims Checks #55408 through #55532 in the amount of $332,524.18, and
Payroll Checks #24776 through #24811 in the amount of $1,277,474.44
PUBLIC HEARING
Ordinance No. 1460, Adopting the 2009 Budget
With the use of a power point presentation Finance Director Kathy Peterson reviewed the 2009 Draft
Budget. Ms. Peterson requested Council adoption.
The Public Hearing was opened at 7:32PM and with no one wishing to speak, the Public Hearing was
immediately closed.
Page 1 of 3
Minutes of the City of Arlington City Council Meeting DRAFT December 1, 2008
Marilyn Oertle moved to adopt Ordinance No. 1460 adopting the 2009 Budget for the City of Arlington.
Sally Lien seconded the motion that was approved with a unanimous vote.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
Sewer Connection Fees
Utilities Manager Jim Kelly briefly spoke to the requested Fees. He then answered Council questions.
Dick Butner moved to adopt Ordinance 1459 Increasing the Sewer Tap-in fees, to be effective January
15, 2009. Graham Smith seconded the motion that was approved with a unanimous vote.
Airport
Approval of the Ordinance Revising Arlington Municipal Code Section 2.44.010
Airport Manager Rob Putnam made reference to changes that have been made to the Code and made
mention of a portion that had been added. City Attorney Steve Peiffle addressed a sentenced omitted by
mistake, noting it would be corrected in the final paper.
Graham Smith moved to approve Ordinance 1461 Revising Arlington Municipal Code Section 2.44.010.
Scott Solla seconded the motion that was approved with a unanimous vote.
Approval of the Airport Vision Statement, Mission Statement, Strategy & Goals, and Action Plan
Mr. Putnam noted the change made in the Vision Statement and some corrections in the Action Plan.
There were no Council questions.
Graham Smith moved to approve the updated Arlington Municipal Airport Vision/Mission Statement,
Strategies & Goals, and the Action Plan. Dick Butner seconded the motion that was approved with a
unanimous vote.
Timber Sale Contract Change Order
Mr. Putnam gave a brief summary of the reasons for the Change Order.
Graham Smith moved to approve Change Order #1 for the additional cost of $3,901.66 and extend the
contract to January 30, 2009. Sally Lien seconded the motion that was approved with a unanimous vote.
INFORMATION
City Videos
Capital Projects Manager Paul Ellis showed videos promoting six City of Arlington areas of interest. The
videos are currently on the City website and are governed by a 3-year agreement with options for
updates. Mr. Ellis then answered Council questions.
Mr. Ellis also gave an update on both fire stations and then answered Council questions.
City Request for Congressional Stimulus Package Funding
Assistant City Administrator Kristin Banfield reviewed the 2009 Stimulus Package Projects posed should
state funding occur. Ms. Banfield then answered Council questions.
ADMINISTRATOR & STAFF REPORTS
City Administrator Allen Johnson noted tomorrow evening’s gathering to meet the six final candidates for
Police Chief.
MAYOR’S REPORT
Mayor Larson reported events and meetings she had recently attended.
Page 2 of 3
Minutes of the City of Arlington City Council Meeting DRAFT December 1, 2008
Page 3 of 3
CITY COUNCIL COMMITTEE REPORTS
Dick Butner, Sally Lien, Graham Smith, Marilyn Oertle, Chris Raezer, Scott Solla, and Steve Baker gave
brief reports.
EXECUTIVE SESSION
City Attorney announced that there would be need for a 30-minute Executive Session to review two items
of threatened litigation[RCW 42.30.110(1)(i)], with no action to follow.
RECONVENE
The Council reconvened at 8:47PM
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:48PM.
____________________________
Margaret Larson, Mayor
Minutes of the Arlington
City Council Workshop
Council Chambers
110 East Third Street
December 8, 2008
Mayor Larson, Dick Butner, Sally Lien, Graham Smith, Marilyn Oertle, Chris Raezer, Scott Solla, Steve
Baker, Allen Johnson, Jim Rankin, Bill Blake, Chris Young, Vic Ericson, Paul Ellis, Jim Kelly, Ed
Erlandson, Roxanne Guenzler, and Steve Peiffle – City Attorney
Council Members Absent: There were no Councilmembers absent.
Also Known To Be Present: Jim Cummins, Henry and Betty Graafstra and several other visitors.
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Sally Lien seconded the motion, which passed with a
unanimous vote.
WORKSHOP ITEMS – NO ACTION TAKEN
Graafstra Center Family Food Project
Rick Weed with NW Agriculture Business Center and Tasha Branch with Ronin Northwest distributed
brochures related to the conception of Graafstra Center and the “Public – Private Partnership”
opportunities for the City of Arlington. Discussion followed with Mr. Weed and Ms. Branch answering
council questions.
Resolution 779, Authorizing the Surplus of 5 Acre Parcel located at 74th and 197th (fire station)
Assistant to the City Administrator for Special Projects Paul Ellis addressed the proposed resolution for
the council stating a new appraisal has been completed on the property. Mr. Ellis answered Council
questions, and discussion followed. Agenda item will come before council at the December 15, 2008
council meeting.
NAHB Construction Forecast
Building Official Chris Young gave a Power Point presentation with highlights from the National
Association of Home Builders Construction forecast.
Approval of Interlocal Agreement and Utility Easement for City of Marysville Fiber Project
Information Services Manager Bryan Terry addressed the proposed Interlocal Agreement with the City of
Marysville providing a utility easement for the installation of fiber conduit. Mr. Terry answered Council
questions and discussion followed. Agenda item will come before the council at the December 15, 2008
council meeting.
Kennedy/Jenks Consultants Construction Management Proposal for WWTP Upgrade and
Expansion
Public Works Director Jim Kelly reviewed proposed Amendment #6 from Kennedy-Jenks providing for
one full-time on-site Construction Manager for 24 months for the WWTP Upgrade and Expansion. Mr.
Kelly answered Council questions and discussion followed. Item will be placed on the December 15,
2008 council meeting agenda.
Page 1 of 2
Minutes of the City of Arlington City Council Meeting DRAFT November 24, 2008
Page 2 of 2
Katy Isaksen & Associates Task Order #6
Mr. Kelly reviewed proposed Task Order #6 providing for the financial analysis work necessary to support
the Stormwater Comprehensive Plan update. Item will be placed on the December 15, 2008 council
meeting agenda.
ADJOURNMENT
The meeting was adjourned at 8:10 PM.
____________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
CONSENT AGENDA #3
ATTACHMENT B
COUNCIL MEETING DATE:
December 15, 2008
SUBJECT:
Authorization for the Mayor to sign an
Employment Contract with James Rankin to
serve as Fire Chief
DEPARTMENT OF ORIGIN:
Executive
Contact: Allen Johnson, 360-403-3441
Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Employment Contract with J. Rankin
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the Employment
Agreement
DESCRIPTION:
City Council is requested to authorize the Mayor to execute the attached employment
agreement with James Rankin to serve as the City’s Fire Chief. The proposed salary is
commensurate with Fire Chiefs in similarly sized cities and is internally consistent.
HISTORY:
Jim Rankin’s employment contract with the City expired on October 31, 2008. Chief Rankin has
continued to serve as Fire Chief while a new contract was developed. Chief Rankin has been
with the City since October 30, 2005
ALTERNATIVES:
Do not authorize the Mayor to sign the Employment Agreement
RECOMMENDED ACTION:
I move Council authorize the Mayor to sign an Employment Agreement with James Rankin to
serve as the City’s Fire Chief.
CITY OF ARLINGTON
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the “Agreement”), is made and entered
into this _______ day of December, 2008, by and between JAMES L. RANKIN
(“Employee”) and the CITY OF ARLINGTON (“Employer”). In consideration of the
mutual covenants herein contained, Employee and Employer acknowledge and agree as
follows:
I. Employment and Term of Employment. Effective as of the date
hereof Employee shall faithfully and competently and to the best of his abilities, serve
Employer as Fire Chief, subject to the general supervision and direction of the Mayor
and the City Administrator, and he shall devote his working time to the duties and
responsibilities as set forth in Arlington Municipal Code Chapter 2.36.
II. Compensation; Base Salary; Adjustment to Base Salary. As
compensation of Employee’s services under this Agreement, Employer shall pay and
Employee shall accept a base salary, before all customary payroll deductions, of
$121,344 annually (paid in equal monthly installments) for each year of this Agreement
(Salary Range B-64). Any additional compensation will follow all policies as set out in
the City’s Employment Policies and Procedures.
III. Benefits. During the term of the Employee’s employment pursuant to
this Agreement, Employer shall provide Employee with employment benefits of such
kind and nature as are offered to all City management employees and described in
Employer’s Employment Policies and Procedures, as the same now exists or may from
time to time hereafter be amended. Employer shall provide Employee with the
following benefits:
a. Vacation and Holidays. Employee shall accrue vacation hours at
a rate of 13.33 hours per month during the term of this Agreement. Employee shall
further have the right to take an additional five days per year of unpaid leave. The
maximum vacation balance of 240 hours may be carried over from year to year.
Employee shall be authorized holiday leave as provided to other full-time employees.
b. Sick Leave. Employee shall accrue sick leave at the rate of one
work day per calendar month of employment as provided in the City’s Employment
Policies and Procedures.
c. Insurance Benefits. Employer shall provide Employee with
insurance benefits consistent with those provided to all other management employees
and pursuant to the City’s Employment Policies and Procedures.
d. Retirement. Employer shall make reasonable and customary
contributions on the Employee’s behalf to the Law Enforcement Officers’ and Fire
Fighters’ Retirement System (LEOFF) Plan 2.
e. Professional Memberships. Employer shall pay the professional
dues and subscriptions necessary for Employee’s continued participation in national,
regional, state, and local professional associations and organizations necessary and
desirable for his continued professional growth and advancement, and for the good of
Employer. Expenses incurred shall be subject to limitations established by the
Employer’s annual budget.
e. Professional Conferences. Employer shall pay the conference
tuition, travel, food, lodging and incidental expenses of Employee for professional and
official travel, meetings and occasions relating to Employer business as approved
according to Employer’s policies. Expenses incurred shall be subject to limitations
established by the Employer’s annual budget.
f. Civic organizations. Employer shall pay the annual dues and
expenses of Employee for membership in such area civic organizations as Employee
may choose to join. Expenses incurred shall be subject to limitations established by the
Employer’s annual budget.
g. Equipment. Employee shall be issued a fire department vehicle for
his use in performing his duties under the term of this Agreement. Employee shall also
be issued all necessary and required personal protective equipment for performance of
his duties under the terms of this Agreement.
IV. Termination of Employment. Employee’s employment may be
terminated before the expiration of the term of this Agreement only as follows:
a. Employee’s employment pursuant to this Agreement shall
terminate automatically upon the death of the Employee. Promptly thereafter,
Employer shall pay the Employee’s estate Employee’s base salary at the then current
rate through the date of death, plus a lump sum cash payment in an amount equal to
Employee’s accrued but unused vacation time and one-third of his accrued sick leave,
up to a maximum of 240 hours, all as provided in the City’s Employment Policies and
Procedures.
b. Employee may terminate his employment pursuant to this
Agreement upon no less than thirty (30) days prior written notice to the Employer,
which notice requirement may be waived in whole or in part by the Mayor with the
consent of the Council in their sole discretion. Promptly following the effective date of
Employee’s termination of his employment pursuant to this section Employer shall pay
to Employee his base salary through the effective date of termination, at the then
current rate, plus a lump sum cash payment in an amount equal to Employee’s accrued
unused vacation time and one-third of his accrued sick leave, up to a maximum of 240
hours, all as provided in the Employer’s Employment Policies and Procedures.
c. Employee’s employment pursuant to his Agreement may be
terminated at any time in the sole and exclusive discretion of Employer for any reason
or for no reason. Such termination shall only become effective upon thirty (30) days
notice given to Employee, and the following provisions:
1. If such termination is not for cause, as that term is defined
herein, then Employee shall receive his base salary to the effective date of his
termination, plus a lump sum cash payment in an amount equal to the sum of
Employee’s accrued, unused vacation time and one-third of unused sick leave, up to a
maximum of 240 hours, all as provided in Employer’s Employment Policies and
Procedures. Employee shall further receive severance pay in the amount of four months
of the Employee’s salary. All severance pay shall be paid monthly unless otherwise
agreed by both parties and is subject to usual and customary withholding.
2. If such termination is for cause, as that term is defined
herein, the Employer shall within thirty (30) days after the effective date of termination
of Employee’s employment pursuant to this subsection pay to Employee his base salary
through the date of termination, plus lump sum cash payment in an amount equivalent
to his accrued but unused vacation time. “Cause” shall be limited to the following:
i. Material breach of this Agreement or misconduct by
Employee;
ii. Unreasonable neglect or refusal to perform the duties and
responsibilities assigned to Employee, or failure to provide an
acceptable quality of professional service;
iii. An arrest for a criminal offense, the filing of a complaint,
information or indictment alleging a crime, or a conviction of any
crime.
Cause as defined in subparagraph 2(iii) shall be grounds for
immediate termination and Employee shall not be entitled to
notice. A determination of cause as defined in subparagraphs 2(i)
or (ii) shall be within the sole and exclusive province of the
Employer; provided, however, unless and until Employee has been
given written notice from the Mayor of the particular breach,
duties, instructions, policies, or directives he has failed to follow of
the particular respect in which his conduct has been found wanting
or unacceptable and given a reasonable opportunity to correct his
actions (if correctable), Employee may not be terminated for cause.
Employee’s failure or refusal to carry out, implement, or adhere to
unlawful policies, directives, duties, or instructions which are not
reasonably capable of being performed generally, or specifically by
him, shall under no circumstances constitute cause.
d. Immediately upon the effective date of termination of employee,
Employee shall cease to perform any activities on behalf of, and will cease to hold
himself out as representing Employer, and will forfeit and return all City issued
equipment and other City owned property assigned to, or in the possession of the
Employee.
V. Provisions of General Applicability
a. Performance Evaluations. The Mayor and the City Administrator
shall conduct a performance review, at least annually, and not later than October 31 of
any years.
b. Amendment. No amendment or modification of this Agreement
shall become effective unless authorized by the City Council and made in writing and
signed by both Employer and Employee.
c. Integration. This document expresses the complete agreement
between Employer and Employee, and they have not entered into any other
agreements, either oral or written.
d. Severability. To the extent any provision of this Agreement shall be
found invalid or unenforceable, it shall be considered deleted here from, and the
remainder of such provision and of this Agreement shall be unaffected and shall
continue in full force and effect.
e. Notice. All notices required or permitted to the given
hereunder shall be in writing and shall be given to the parties addressed as follows:
To Employee: James L. Rankin
_________________________
_________________________
To Employer: Mayor Margaret Larson
238 N. Olympic Avenue
Arlington, WA 98223
Or at such other address as a party may be noticed direct. Notices shall be deemed
given only upon personal service on the party or upon confirmation of receipt by US
Mail, certified mail, return receipt requested.
CITY OF ARLINGTON Employee
____________________________ ______________________________
Margaret Larson, Mayor James L. Rankin
Approved as to form:
____________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #4
ATTACHMENT C
COUNCIL MEETING DATE:
December 15th 2008
SUBJECT:
Resolution No. 779 Declaring surplus and
authorizing the sale of property on 74th Ave
NE (5 acre fire property
DEPARTMENT OF ORIGIN:
Executive, Capital Projects
Contact Paul Ellis, 360-403-4603
ATTACHMENTS:
Resolution No. 779
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/a
LEGAL REVIEW: City Attorney approved
DESCRIPTION:
Resolution 779 declares the 5 acre fire property on 74th Ave NE to be surplus and authorizes
staff to negotiate the private sale of the property for the minimum appraised value of
$750,000.00
The resolution also provides for the dedication of right of way for the future connection of 74th
Ave and access to property to the East.
The proceeds of the sale would be used to supplement the funding of Fire Facility
improvements currently being planned.
HISTORY: The five acres of property located South of the Hagen’s Store was purchased in 2001
to be used as the location for a proposed fire station. Subsequent evaluations have suggested
that the fire station would be more efficiently located in another area of the city. The property
is not currently being utilized.
In October of 2008 the property was appraised by Gary Meier SRA and valued at $750,000.
COMMITTEE REVIEW AND ACTION:
Reviewed at the July 28th 2008 and December 8th 2008 Workshops.
ALTERNATIVES:
RECOMMENDED ACTION:
Approve proposed Resolution No. 779 declaring surplus and authorizing the sale of property
on 74th Ave NE (fire property)
RESOLUTION NO. _____ 1
RESOLUTION NO. 779
A RESOLUTION DECLARING
CERTAIN PROPERTY
AS SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, certain property located at approximately 197xx – 74th Avenue NE was
previously purchased by the City of Arlington; and
WHEREAS, the City purchased the property for potential use as a fire station site, but
subsequent evaluation of system needs suggests a fire station would be more efficiently located
elsewhere in the City; and
WHEREAS, the City Council caused the property to be appraised by Gary Meier, SRA;
NOW, THEREFORE, the City Council of the City of Arlington Washington do hereby
resolve as follows:
1. The City Council finds the property legally described on the attached Exhibit “A”
to be surplus to its needs.
2. Pursuant to AMC 3.70.020, the attached property may be sold pursuant to private
sale and the City staff is directed and authorized to negotiate the terms of same.
The property shall be offered for sale at a minimum price of the appraised value
of $750,000.00. The sale shall be negotiated without a listing agent, and shall
reserve, as necessary, the dedication of right of way for 74th Avenue NE and 196th
Street.
APPROVED by the Mayor and City Council of the City of Arlington this ______ day of
______________, 200__.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
RESOLUTION NO. _____ 2
ATTEST:
_________________________________
Kathy Peterson, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT D
COUNCIL MEETING DATE:
December 15th 2008
SUBJECT:
Purchase of Physical Fitness Equipment from
the FEMA Grant, Assistances to Fire Fighters
for Fire Station 46 and 48.
DEPARTMENT OF ORIGIN:
Fire Department/ Capital Projects
ATTACHMENTS:
Bid Proposal and Purchase Order
EXPENDITURES REQUESTED: $41,236.08
BUDGET CATEGORY: FEMA Grant
LEGAL REVIEW: City Purchase Order/ City Bid Proposal
DESCRIPTION:
The city completed a public bid process to supply physical fitness equipment for both fire
stations on December 2nd 2008. We received a bid proposal from The Fitness Outlet of
Lynnwood Washington to supply the specified equipment.
HISTORY:
The City has received grant funding from FEMA Assistances to Fire Fighters for the purchase of
one backup power generator, one SCBA Compressor and Physical Fitness Equipment for two
fire stations. The power generator and SCBA Compressor have been purchased through inter
local bid lists earlier this year, the physical fitness equipment still needs to be ordered. This
purchase will complete the 2008 FEMA, Assistances to Fire Fighters Grant.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
RECOMMENDED ACTION:
I move to authorize the mayor to sign a purchase order with The Fitness Outlet for the
purchase of Physical Fitness Equipment in the amount of $41,236.08
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT E
COUNCIL MEETING DATE:
December 15, 2008
SUBJECT:
Approval of Interlocal Agreement and Utility
Easement for City of Marysville Fiber Project
DEPARTMENT OF ORIGIN:
CONTACT: Information Services
Bryan Terry, Information Services Manager, 403-4610
ATTACHMENTS:
1. Interlocal Agreement
2. Fiber Easement
3. Drawing of proposed area.
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the proposed contract
DESCRIPTION:
The City of Marysville has requested an easement to install fiber conduit from the corner of SR 531 and
43rd Ave NE to the Stillaguamish filtration plant located at 17906 43rd Ave NE. The City of Marysville has
also requested the use of fiber conduit that was recently bored under 172nd street. The interlocal
agreement allows use of this pathway in exchange for the right of use of the conduit that they will be
installing on 43rd Ave. NE.
HISTORY:
This is the City’s first interlocal for installation and use of fiber conduit with another agency. It is likely
that the City could enter into more of these types of agreements as fiber installations by the Arlington
School District and Cascade Valley Hospital increase.
ALTERNATIVES:
1. Table for additional review
2. Do nothing
RECOMMENDED ACTION:
Authorize the Mayor to approve the Interlocal Agreement and Utility Easement for The City of
Marysville Fiber Project.
AFTER RECORDING RETURN TO:
City of Marysville
1049 State Street
Marysville, WA 98270
INTERLOCAL AGREEMENT FOR SMOKEY POINT FIBER NETWORK
Between the City of Arlington
And
The City of Marysville
This INTERLOCAL AGREEMENT is made and entered into by and between the
CITY OF MARYSVILLE ("Marysville"), and the CITY OF ARLINGTON ("Arlington") both
Municipal Corporations.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises
contained herein, Marysville and Arlington mutually agree as follows:
1. PURPOSE / GOALS / OBJECTIVES.
A. Main Purpose.
1. Fiber network connectivity from the City of Marysville to the
Stillaguamish water filtration plant.
2. Future fiber network connectivity between the City of Arlington Fire
Department and the Marysville Fire District.
B. Operational Objectives
1. Easement for underground conduit from the City of Arlington’s traffic
vault on the NE corner of 172nd and 43rd to the Stillaguamish water filtration plant via
existing ROW on Arlington Airport property.
2. The right for Black Rock Cable Inc. to use one pathway in the City of
Arlington owned conduit from the South side of 172nd to the traffic vault on the NE
corner of 172nd and 43rd.
INTERLOCAL GREEMENT MOKEY OINT IBER ONNECTION AGE
g/mv/ILA.MV AR Smoky Point Fiber Connection
A S P F C - P 1 of 5
3. The right for the City of Arlington to use one pathway in the conduit from
the City of Arlington’s traffic vault on the NE corner of 172nd and 43rd to any of the City
of Marysville installed pull vaults on Arlington Airport property.
4. A shared vault on fire station property for use by the City of Arlington to
connect conduit and Black Rock Cable Inc. fiber to the new Smokey Point fire station.
2. ROLES AND RESPONSIBILITIES OF THE PARTIES.
A. Costs.
1. The City of Marysville will be responsible for all costs associated with
installing and maintaining conduit and vaults between the City of Arlington’s
traffic vault on the NE corner of 172nd and 43rd and the Stillaguamish water
filtration plant
2. The City of Arlington will be responsible for all costs associated with
installing and maintaining the conduit from the South side of 172nd to and
including the City of Arlington’s traffic vault on the NE corner of 172nd and 43rd.
3. The City of Marysville will be responsible for all costs for Black Rock
Cable Inc. to pull fiber through the City of Arlington and City of Marysville
conduits starting on the South side of 172nd and terminating at the Stillaguamish
water filtration plant.
B. Build Out.
1. The City of Arlington will provide placement information for the shared
vault and conduit paths on fire station property.
2. The City of Arlington will provide conduit from the South side of 172nd to
and including a vault at the NE corner of 172nd and 43rd for use by the City of
Arlington’s traffic department and Black Rock Cable Inc.
3 The City of Marysville will install conduit and necessary vaults from the
City of Arlington’s traffic vault on the NE corner of 172nd and 43rd to the
Stillaguamish water filtration plant.
4. The City of Marysville will install one utility pole directly north of the
Stillaguamish water filtration plant in Arlington Airport ROW for the final aerial
connection into the building.
5. The City of Marysville will restore disturbed areas to conditions similar or
better then existing and will place all vaults flush to the ground to minimize
hazards.
INTERLOCAL GREEMENT MOKEY OINT IBER ONNECTION AGE
g/mv/ILA.MV AR Smoky Point Fiber Connection
A S P F C - P 2 of 5
3. PARTIES / POINTS OF CONTACT.
City of Arlington
Paul Ellis, Assistant to the City Administrator for Special Projects
pellis@ci.arlington.wa.us
Rob Putnam, Airport Manager
rputnam@ci.arlington.wa.us
Bryan Terry, Information Services Manager
bterry@ci.arlington.wa.us
City of Marysville
Ryan Morison, Project Engineer
rmorrison@marysvillewa.gov
Worth Norton, Information Services Manager
wnorton@marysvillewa.gov
Chris Brown, Network Administrator
chris.brown@marysvillewa.gov
4. No separate legal or administrative entity is intended to be created pursuant to this
Agreement. No obligation, except as stated herein, shall be created between the parties or
between the parties and any applicable bidder or contractor.
5. DURATION AND NOTICE:
This Agreement shall continue in force from _________________ to _________________ and
shall automatically renew for one year periods of time until canceled by either party, which
cancellation may be effected upon receipt by one of the parties of the _________ days written
notice of cancellation of the other party. Written Notice will be sent to the following addresses
City of Marysville.
________________
________________
________________
City of Arlington.
_________________
_________________
_________________
INTERLOCAL GREEMENT MOKEY OINT IBER ONNECTION AGE
g/mv/ILA.MV AR Smoky Point Fiber Connection
A S P F C - P 3 of 5
6. SEVERABILITY.
In the event any provisions of this Agreement shall be determined to be unenforceable or
otherwise invalid for any reason, such provisions shall be enforced and valid to the extent
permitted by law. All provisions of this Agreement are severable and the unenforceability or
invalidity of a single provision herein shall not effect the remaining provisions.
7. GOVERNING LAW AND VENUE.
This Agreement shall be governed by the laws of the State of Washington and venue for any
lawsuit shall be in the Snohomish County Superior Court.
8. ATTORNEY'S FEES.
In the event it is necessary for either party to utilize the services of an attorney to enforce any of
the terms or this Agreement, such enforcing party shall be entitled to compensation for its
reasonable attorney's fees and costs. In the event of litigation regarding any terms of this
Agreement, the substantially prevailing party shall be entitled, in addition to other relief, to such
reasonable attorney's fees and costs as determined by the Court.
9. SAVINGS CLAUSE.
Nothing in this Agreement shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provisions of this Agreement and
any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the
provisions of this Agreement affected shall be curtailed and limited only the extent necessary to
bring it within legal requirements.
10. FILING.
This Agreement shall be filed with the Snohomish County Auditor's Office pursuant to RCW
39.34.040.
11. AUTHORITY TO SIGN.
The undersigned certify that they are authorized to sign this Agreement on behalf of the City of
Arlington and the City of Marysville and acknowledge and accept the terms and conditions
herein and attached hereto.
12. EFFECTIVE DATE.
______________________, 2008
IN WITNESS WHEREOF, the parties have hereunto set their hands
CITY OF ARLINGTON CITY OF MARYSVILLE
By_____________________________ By_______________________________
MARGARET LARSON, Mayor DENNIS KENDALL, Mayor
DATE:__________________________ DATE:__________________________
INTERLOCAL GREEMENT MOKEY OINT IBER ONNECTION AGE
g/mv/ILA.MV AR Smoky Point Fiber Connection
A S P F C - P 4 of 5
INTERLOCAL AGREEMENT SMOKEY POINT FIBER CONNECTION - PAGE 5 of 5
g/mv/ILA.MV AR Smoky Point Fiber Connection
APPROVED as to form: APPROVED as to form:
__________________________ ________________________________
STEVEN J. PEIFFLE, City Attorney GRANT K. WEED, City Attorney
Easement - 1
g/mv/M-08-135/Fiber Network Easement
AFTER RECORDING RETURN TO:
City of Marysville
1049 State Avenue
Marysville, WA 98270
CITY OF MARYSVILLE
CONDUIT / UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
Grantor: CITY OF ARLINGTON
Grantee: CITY OF MARYSVILLE
Legal Description: 21-31-5 and NW ¼ 22-31-5, Snohomish Cty, WA Add'l on P. 4-6
Tax Parcel No. 310521-004-001-00, 004482-000-001-00 and 310521-002-020-00
THIS INDENTURE made this _____ day of _______________, 2008, between THE
CITY OF ARLINGTON, a municipal corporation, hereinafter referred to as "Grantor;" and the
CITY OF MARYSVILLE, a municipal corporation of the State of Washington, hereinafter
referred to as "Grantee:" WITNESSETH:
WHEREAS, Grantor is the owner of certain lands and premises situated in the County
of Snohomish, State of Washington, described as follows:
See EXHIBIT A attached hereto
and,
WHEREAS, Grantee is desirous of acquiring certain rights and privileges over, under,
through, across, in and upon said lands and premises;
NOW, THEREFORE, Grantor, for valuable consideration, the adequacy and receipt of
which is hereby acknowledged, hereby conveys and grants to the Grantee, its successors and
assigns and its contractors, agents, permittees, licensees, and franchisees, the perpetual right,
privilege and authority to construct, alter, improve, repair, operate and maintain a Fiber network
or networks and appurtenances including but not limited to cable, conduit, conductors, poles
and vaults, over, under, through, across, in and upon the following described lands and premises
situated in the County of Snohomish, State of Washington, to-wit:
Easement - 2
g/mv/M-08-135/Fiber Network Easement
See EXHIBIT B attached hereto
TOGETHER WITH the right of ingress to and egress from said lands across adjacent lands of
the Grantor, for the purpose of constructing, reconstructing, repairing, renewing, altering,
changing, patrolling and operating said Fiber network, and the right at any time to remove said
Fiber network and appurtenances from said lands.
AND TOGETHER WITH a temporary construction easement over, under, through,
across, in and upon the property described in EXHIBIT C attached hereto, for ingress and
egress and for any and all purposes incidental to the construction of the Fiber network
including but not limited to underground conduit and the installation of cable, conduit,
conductors, poles and vaults, including but not limited to blending new improvements to
adjacent property contours and existing topographical features, and/or post-construction
restoration of said property. The term of this temporary construction easement shall run
until the above described work has been completed and shall expire automatically.
The Grantor reserves the right to use the surface of the above-described easement in the
manner now existing, but shall not erect any buildings, structures, patios, or other construction
of any nature on said easement. This conveyance is conditioned upon the Grantee's obligation
to replace any fences, lawn, shrubbery or land contours that are disturbed in connection with the
exercise of the Grantee's rights hereunder, in as good condition as the same were immediately
before the property was entered by the Grantee.
The rights, title, privileges and authority hereby granted shall continue to be in force
until such time as the Grantee, its successors or assigns, shall permanently remove said conduit
and appurtenances from said lands, or shall otherwise permanently abandon said conduit, at
which time all such rights, title, privileges and authority hereby granted shall terminate.
The Grantor also covenants to and with the Grantee that Grantor is lawfully seized and
possessed of the land aforesaid; has a good and lawful right and power to sell and convey same;
that same is free and clear of encumbrances; and that Grantor will forever warrant and defend
the title to said easement and the quiet possession thereof against the lawful claims and demands
of all persons whomsoever. This conveyance shall be a covenant running with the land, and
shall be binding on the Grantor and its heirs, successors and assigns forever.
IN WITNESS WHEREOF, this instrument has been executed the day and year first
above written.
GRANTOR:
CITY OF ARLINGTON
By: _________________________________
MARGARET LARSON, MAYOR
Easement - 3
g/mv/M-08-135/Fiber Network Easement
STATE OF WASHINGTON )
)ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that MARGARET LARSEN is the
person who appeared before me, and said person acknowledged that she signed this instrument,
on oath stated that she was authorized to execute the instrument and acknowledged it as the
MAYOR of CITY OF ARLINGTON to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED this _____ day of ______________________, 2008.
_____________________________________
_____________________________________
(Legibly print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at ________________
My commission expires ________________
Easement - 4
g/mv/M-08-135/Fiber Network Easement
EXHIBIT “A”
The Southeast Quarter of Section 21, Township 31 North, Range 5 East, W.M., except
the south 50 feet for road;
Together with Lots 1 through 36 of the plat of Five Acre Turkey Farms as recorded in
Volume 11 of Plats, Page 57, Records of Snohomish County, Washington;
And together with the East ¾ of the Northwest Quarter of said Section 21, less County
road.
Easement - 5
g/mv/M-08-135/Fiber Network Easement
EXHIBIT “B”
The East 5.00 feet of the West 35.00 feet of the Southwest Quarter of the Southeast
Quarter of Section 21, Township 31 North, Range 5 East, W.M., except the south 50.00
feet;
Together with the East 5.00 feet of the West 35.00 feet of the Northwest Quarter of said
Southeast Quarter;
Together with the West 35.00 feet of the South 5.00 feet of Lot 8 of the plat of Five
Acre Turkey Farms as recorded in Volume 11 of Plats, Page 57, Records of Snohomish
County, Washington;
Together with the South 5.00 feet of the East 445.00 feet of the East ¾ of the Northwest
Quarter of said Section 21.
Easement - 6
g/mv/M-08-135/Fiber Network Easement
EXHIBIT “C”
The East 5.00 feet of the West 40.00 feet of the Southwest Quarter of the Southeast
Quarter of Section 21, Township 31 North, Range 5 East, W.M. except the south 50.00
feet;
Together with the East 5.00 feet of the West 40.00 feet of the Northwest Quarter of said
Southeast Quarter;
Together with the East 5.00 feet of the West 40.00 feet of the South 5.00 feet of Lot 8 of
the plat of Five Acre Turkey Farms as recorded in Volume 11 of Plats, Page 57,
Records of Snohomish County, Washington;
Together with the North 5.00 feet of the South 10.00 feet of the West 40.00 feet of said
plat of Five Acre Turkey Farms;
Together with the North 5.00 feet of the South 10.00 feet of the East 445.00 feet of the
East ¾ of the Northwest Quarter of said Section 21.
AHLINGTON AIRPORT
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City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT F
COUNCIL MEETING DATE:
December 15, 2008
SUBJECT: Kennedy/Jenks Consultants
Construction Management Proposal – WWTP
Upgrade and Expansion
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Construction Management Proposal
EXPENDITURES REQUESTED: $1,519,400.00
BUDGET CATEGORY: WWTP Expansion Improvement Fund 408
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION – A proposal, Amendment 6, from Kennedy-Jenks Consultants for Construction
Management services, this work will be performed in accordance with the terms and conditions
contained in their master service agreement.
HISTORY: – The City has been working with its consultant, Kennedy-Jenks, since 2005 on
performing the necessary engineering studies and design work to upgrade and expand the
WWTP. Now, with approved designs in hand, the City is ready to begin construction and will
utilize the experience and skill of Kennedy to provide the necessary Construction management
services. This proposal will provide one full time on-site Construction Manager for 24 months;
this includes the scheduled 21 month construction period and 3 month project close-out. Dick
Warren has been assisting the City with these negotiations since August ’08 and was able to
negotiate a fees reduction of over $500,000.00.
ALTERNATIVES:
Decline the proposal and solicit other firms.
RECOMMENDED ACTION:
Motion to have Council authorize the mayor to sign Amendment #6 to the Kennedy/Jenks
contract.
DRAFT Budget Breakdown
Task Total K/J K/J Sub-
No.Task Description Total Labor Internal Direct contractor Total
Hours Costs Costs Costs Costs Cost
5.01 Construction Services
A) Pre-construction conference 64 11,270$ 200$ 11,470$
B) Conformed Documents (Internal Use)84 9,720$ 3,000$ 12,720$
C) QA/QC Plan and HARP 68 10,240$ 10,240$
D) RFIs, shop drawings, and submittals 1530 198,800$ 2,000$ 200,800$
E) RFQs, clarifications, and change orders 630 89,650$ 200$ 89,850$
F) Contract administration 568 105,170$ 500$ 105,670$
G) Construction oversight 4120 597,400$ 19,000$ 616,400$
H) Weekly progress and construction meetings 392 72,520$ 5,000$ 7,200$ 84,720$
I) Substantial and final completion inspections and punch lists 120 18,220$ 300$ 18,520$
J) Final review and closeout report 108 16,320$ 300$ 16,620$
Task 5.01 - Subtotal 7684 1,129,310$ -$ 30,500$ 7,200$ 1,167,010$
5.02 Post-Construction Services
A) Startup and commissioning assistance 192 33,360$ 600$ 33,960$
B) Operations manual 1032 147,240$ 6,000$ 153,240$
C) Operator training 92 16,620$ 1,500$ 18,120$
D) Record drawings 392 46,970$ 2,500$ 49,470$
E) Optimization assistance 80 11,600$ 11,600$
F) WWTP One-Year Certification 60 9,300$ 9,300$
Task 5.02 - Subtotal 1848 265,090$ -$ 10,600$ -$ 275,690$
Construction, Post-Construction Subtotal (5.01 - 5.02) 9532
Construction, Post-Construction Subtotal (5.01 - 5.02) 9532 1,394,400$ -$ 41,100$ 7,200$ 1,442,700$
5 % Escalation (Midpt Const)72,135$
10 % K/J Markup: 4,110$ 720$ 4,830$
GRAND TOTAL 1,519,665$
CITY MANAGEMENT RESERVE TBD
Engineering Support/Construction Management and Post Construction Services (Phase 5)
CITY OF ARLINGTON
WASTEWATER TREATMENT PLANT UPGRADE
Amendment No. 6
Date: 11/7/2008 0597002.02\CM Contract Fee Estimate.xls
City of Arlington and Kennedy/Jenks Consultants, Inc.
Agreement
Exhibit 1G – DRAFT Amendment No. 6: Scope of Services and Schedule
Q:\Projects\2005\0597002.02 Arlington Final Design\Project Management\Amendments\Amendment 6\CM Contract Scope.doc 1
Project Understanding
Amendment No. 6 expands the Scope of Services described in the Agreement dated 21 March 2005 to include
professional services for engineering support/construction management during Phase 1 construction and post-
construction services.
Scope of Services
The Scope of Services for Amendment No. 6 consists of the following work: 1) Engineering Support/Construction
Management Services for the Phase 1 construction period that is anticipated during 2009 and 2010 and 2) post-
construction services.
The engineering services to be performed during the construction period are in accordance with the current work
sequence and preliminary construction schedule for Phase 1, attached with this Scope of Services. The estimated
construction duration is approximately 25 months from Notice to Proceed through Construction Closeout. Post-
construction services would extend beyond the 25 month period. Office support will be provided by the design team
members during this period, including contract administration, as well as the review of Requests for Information (RFIs),
submittals/shop drawings, and preparation of Requests for Quotation, Clarifications, and Change Orders. Construction
oversight includes the time for one field engineer over a 24-month (103-week) duration. Post construction services to be
provided include startup and commissioning, operational training and troubleshooting, and preparation of record
documents and electronic Operations Manual.
Phase 5 – Engineering Support/Construction Management Services
Task 5.01 – Construction Period Services
A) Pre-construction conference: Kennedy/Jenks will conduct a pre-construction conference to include the City,
field engineer, Project Manager, Design Engineer, Construction Services Quality Manager, cultural resources
specialist, Contractor’s project manager and superintendent, major subcontractors, major suppliers, and other
parties, as appropriate. Kennedy/Jenks will prepare an agenda and meeting minutes. A 6-hour meeting is
assumed, with four persons from Kennedy/Jenks attending.
B) Conformed documents: Kennedy/Jenks will prepare conformed construction documents based on addenda
and clarifications. Conformed documents will be prepared by hand marking the Issue for Bid Plans and
Specifications. Ten sets of documents will be prepared, two for distribution to the City.
C) Quality Assurance/Quality Control (QA/QC) Plan and Hazard Appraisal and Recognition Plan (HARP):
Kennedy/Jenks will prepare a QA/QC Plan for use by the City and Kennedy/Jenks and a HARP for use by
Kennedy/Jenks field personnel.
D) Requests for information (RFIs), shop drawings, and submittals: Kennedy/Jenks will respond to Contractor’s
RFIs and will review and return shop drawings and submittals to the Contractor. The budget assumes a total
of 200 submittals (including resubmittals) and 300 RFIs (including follow-up responses) for the Phase 1
WWTP Upgrade and Expansion construction project. It is assumed that the shop drawing re-submittal rate
will be about 25% of the total number of shop drawings. City of Arlington will generate and maintain logs of
RFIs and shop drawings/submittals using appropriate numbering systems, such as the Contractor’s submittal
number and the specification section. Kennedy/Jenks will furnish an example document to the City for each
required log to assist in its creation. The City-maintained logs will track the number of days taken to review or
respond to each shop drawing/submittal and RFI and the action that was taken.
E) Requests for Quotation, Interpretations and Minor Changes, and Change Orders: Kennedy/Jenks will
prepare Requests for Quotation (RFQs) in accordance with the construction contract documents when
changes to the work are being considered. Kennedy/Jenks will issue interpretations and minor changes for
City of Arlington and Kennedy/Jenks Consultants, Inc.
Agreement
Exhibit 1G – DRAFT Amendment No. 6: Scope of Services and Schedule
Q:\Projects\2005\0597002.02 Arlington Final Design\Project Management\Amendments\Amendment 6\CM Contract Scope.doc 2
items having no impact on the contract price; the contract time; the means, method, techniques, or sequence
of work; or safety with respect to the contractor’s operations. When changes in the price or time for the work
are agreed upon between the Contractor and City, Kennedy/Jenks will prepare change orders. Logs of
RFQs, interpretations, and change orders will be generated and maintained by City of Arlington staff,
including the number of days since action has been taken. The budget assumes a total of 15 change orders,
60 interpretations and 40 RFQs for the Phase 1 WWTP Upgrade and Expansion construction project.
F) Contract administration: Kennedy/Jenks will assist the City to administer the construction contract providing
technical support for the City’s decisions and other requested administrative, technical, and information
support. The Project Manager will manage the subconsultants and coordinate their efforts on shop drawing
review and changes, as appropriate. The Project Manager will provide input for responses to RFIs,
interpretations, RFQs, change orders and other construction documentation. The Project Manager will assist
the field engineer in evaluating and responding to Contractor’s requests for substitutions and notices of
potential changes.
G) Construction oversight: Kennedy/Jenks will provide one full-time field engineer during construction of the
WWTP improvements. The field engineer will be located at the construction site on a full-time basis. The
field engineer will be responsible for the day-to-day coordination of construction support activities, including
observation that the work is being completed in conformance with the plans and specifications. The field
engineer will assess compliance with the contract documents through quality control measurements, review of
progress payment applications, and attend progress meetings. The field engineer will monitor the
Contractor’s work progress and compare it to the approved baseline schedule. This task will also include:
· Providing direction to the City personnel assigned for construction observation and recording.
· Preparing daily reports supplemented by photographs of the Contractor's actual progress. Daily reports
will include a record of Contractor hours, personnel and equipment on the job site; weather conditions;
data relative to work directive changes, change orders, or changed conditions; daily activities; decisions;
observations in general; and specific observations in more detail, as in the case of observing test
procedures. Work performed by the Contractor on a cost accounting basis will be tracked to include the
number of personnel by craft along with the equipment in use. The field engineer will also furnish to the
City a weekly synopsis of the progress of the work.
· Preparing a monthly summary including: original contract amount, total number of change orders, total
dollar value of all change orders, current total contract cost, total progress payment requests to date,
percent of contract complete on a dollar basis, total number of days of the contract, total number of days
added by change order, current total number of days of contract, and percent of contract time elapsed.
Each monthly report will also include a narrative covering the work completed during the previous month,
the work expected to be completed during the following month, the status of all pending claims, and an
evaluation of the Contractor's performance. In addition, the monthly report will also indicate the
percentage completion for each activity as indicated on the Contractor’s schedule, a comparison of the
actual construction dates with scheduled completion dates, a discussion of the Contractor’s plans to
recover any schedule delays, and a discussion of why the schedule cannot be met if the Contractor is
unable to mitigate work currently behind schedule.
· Review the Contractor’s baseline schedule and monthly updates for conformance to the Contract
Documents. Report deviations from the submitted schedules to the City.
· Based on construction observation provided by the City, supplemented by field engineer’s observations,
reporting work that is unsatisfactory, faulty or defective, or that does not conform to the Contract
Documents, or that has been damaged, or does not meet the requirements of observations, tests or
approvals required.
· Instructing the Contractor to correct or replace, or uncover for observation or testing, work that does not
meet the requirements of the Contract Documents.
City of Arlington and Kennedy/Jenks Consultants, Inc.
Agreement
Exhibit 1G – DRAFT Amendment No. 6: Scope of Services and Schedule
Q:\Projects\2005\0597002.02 Arlington Final Design\Project Management\Amendments\Amendment 6\CM Contract Scope.doc 3
· Checking that tests, equipment and system startups are scheduled and conducted in the presence of
appropriate personnel and that the Contractor maintains appropriate records thereof, and observe, record
and report appropriate details relative to the test procedures and startups.
· Assist City of Arlington staff in monitoring collection of soil samples, casting of concrete cylinders,
observation of in situ soil testing, other materials sample collection (as required) and reviewing testing
results.
· Assist City of Arlington staff in monitoring the survey of structure corner locations prior to major concrete
pours.
· Consult with the City and WWTP staff in advance of scheduled major tests, observations or start of
important phases of the work, or interruption of services.
· Report to the City upon the observation or notification of the occurrence of any job site accident.
· Providing direction to City of Arlington staff for the chronicling of digital photographic documentation of
existing conditions and construction progress. A file maintained by City staff will have photographs taken
by the City staff construction observer or field engineer and include the date, description, and number
recorded. Daily reports filed by the field engineer will record the numbers of any photos taken. Digital
photographs will be copied onto appropriate media for filing, and the City will furnish Kennedy/Jenks with
one complete electronic file at the completion of construction.
· During the course of the work, verifying that certificates, operation and maintenance (O&M) manuals and
other data required to be assembled and furnished by the Contractor are applicable to the items actually
installed and are in accordance with the Contract Documents.
· Maintaining files at the job site for correspondence and field memoranda; reports of job conferences and
meetings; shop drawings and samples; reproductions of original Contract Documents including work
directive changes, addenda, change orders, field orders, additional drawings issued subsequent to the
execution of the Contract, clarifications, and interpretations of the Contract Documents; progress reports;
daily reports; and other project related documents. Upon completion of the project, these records will be
turned over to the City.
The estimated level of effort for day-to-day construction oversight is one full-time (40 hours per week) field
engineer for a 103-week duration. No allowances have been made for overtime or extended construction
duration. The assumed construction period does not include post-construction services, which are
included in a separate Task.
H) Progress Meetings: Kennedy/Jenks will conduct weekly progress meetings. At a minimum, the Contractor,
his subcontractors (as applicable), field engineer, and the City’s project manager are anticipated to participate
in the progress meetings. Appropriate Kennedy/Jenks design team staff will attend as necessary. These
meetings will provide a forum to review construction progress, methods, and other project-related issues with
the City and will provide a forum for the discussion and, if necessary, resolution of topics such as:
· Scheduling issues such as planned shutdowns and connections
· Progress of construction
· Construction difficulties
· Other issues affecting the performance of the Contractor and successful completion of the project
The field engineer will prepare a combination agenda and minutes of the previous meeting and distribute this
document to participants prior to each meeting. The agenda will consist of at least the following items:
· Unfinished business
· New business
City of Arlington and Kennedy/Jenks Consultants, Inc.
Agreement
Exhibit 1G – DRAFT Amendment No. 6: Scope of Services and Schedule
Q:\Projects\2005\0597002.02 Arlington Final Design\Project Management\Amendments\Amendment 6\CM Contract Scope.doc 4
· Schedule
· Submittals
· Safety
· Environmental mitigation
The contractor will prepare an updated 4-week look ahead schedule prior to each progress meeting.
Items to be discussed will be numbered by date and item number. Items will not be removed from the agenda
until they are fully resolved.
Time is also included in this task for site visits by the design disciplines and a geotechnical engineer at
appropriate times to attend meetings and observe site conditions. The assumed level of effort for disciplines’
site visits is 4 hrs every two weeks for a duration of 95 weeks. The assumed level of effort for the
geotechnical engineer is for 10 half-day visits in coordination with major facility excavations over the
anticipated 25-month construction period.
I) Substantial and final completion: Kennedy/Jenks will review the work with the Contractor upon reaching
substantial and final completion and prepare a punch list of items to be completed or corrected. We
anticipate that these reviews will also include the City’s project manager and WWTP staff.
J) Final project review and closeout report: Upon notification of final completion by the Contractor,
Kennedy/Jenks will:
· Arrange for and assist with the testing of facility and equipment to determine compliance with the Contract
Documents.
· Conduct a final review of the work with the Contractor, City's project manager, and WWTP staff, to
confirm that all items on the punch list have been completed or corrected and make recommendations to
the City concerning acceptance.
· Prepare the final pay estimate and close out and deliver copies of relevant project files.
· Assist the City with preparation of a certificate of Final Completion, and other completion documentation
required by the County and State agencies.
· Prepare closeout reports for the WWTP project that includes: a brief project description of what was
constructed, a construction timeline summary by month, summary of consultants involved, summary of
project costs, discussion of contractor and subcontractors performance, recommendations for future work,
and an accounting of project materials (shop drawings, correspondence, record drawings, etc.).
Task 5.02 – Post-Construction Period Services
A) Startup and commissioning assistance: To the extent requested by the City and included in the budget,
Kennedy/Jenks’ personnel (including operations specialists as appropriate) will assist with startup and
commissioning of plant upgrades. 160 hours of time is budgeted for time on site, with 32 hours of engineering
support.
B) Operations Manual: Kennedy/Jenks will produce an Operations Manual for the WWTP. An electronic manual
is assumed. This task will consist of:
a) Conduct a kickoff meeting with operations staff
b) Collect data needed for the manual
c) Produce a draft layout and linkage architecture
d) Prepare text, graphics, and photos for the manual
City of Arlington and Kennedy/Jenks Consultants, Inc.
Agreement
Exhibit 1G – DRAFT Amendment No. 6: Scope of Services and Schedule
Q:\Projects\2005\0597002.02 Arlington Final Design\Project Management\Amendments\Amendment 6\CM Contract Scope.doc 5
e) Prepare and submit a draft manual
f) Incorporate comments and produce a final manual
g) Provide project management/administration
The level of effort estimated for preparation of the Operations Manual is commensurate with the examples of
electronic manuals previously reviewed with the City during the Amendment No. 5 scoping meeting. The
specific content (data, layout, linkage architecture, text, graphics, photos, etc.) to be incorporated within the
Operations Manual will be reviewed and confirmed with the City as part of the manual development work.
The budgeted effort will then be allocated to the identified tasks.
C) Operator training: Kennedy/Jenks will provide operator training for the updated Operations Manual. Two 16-
hour training sessions with two Kennedy/Jenks operations specialists are assumed.
D) Record drawings: Using information provided by the Field Engineer and Contractor, Kennedy/Jenks will
update the design drawings to produce record drawings. One set of full-size reproducible drawings and 4
sets of 11” X 17” drawings will be provided to the City.
E) Kennedy/Jenks’ operations specialists and design engineers will be available to assist the City with
optimization of the WWTP following startup. 80 hours of time is budgeted.
F) Kennedy/Jenks will assist the City with completing the documentation and testing necessary to obtain the
one-year certification for the upgraded and expanded WWTP. 60 hours of time is budgeted.
Changes
Any change in scope of services and schedule from that defined in this Exhibit shall be undertaken only upon
authorization from City.
Responsibilities
The following items establish responsibilities as they relate to the scope of work described above:
1. Kennedy/Jenks will review and take appropriate action on shop drawings, product data, samples, and other submittals
required by the construction contract documents. Such review shall be only for conformance with the design concepts
and general compliance with the construction contract documents. Kennedy/Jenks shall not include review of
quantities, dimensions, weights or gauges, fabrication processes, construction methods, coordination with the work of
other trades, or construction safety precautions, all of which are the sole responsibility of the construction contractor.
Kennedy/Jenks's review will be conducted with the reasonable promptness consistent with sound professional
practice. Review of a specific item shall not indicate acceptance of an assembly of which the item is a component.
Kennedy/Jenks will not be required to review and will not be responsible for any deviations from the construction
contract documents not clearly noted by the construction contractor, nor will Kennedy/Jenks be required to review
partial submissions or those for which submissions for correlated items have not been received. Acceptance of
construction contractor's designs of sheeting and shoring by Kennedy/Jenks on behalf of City will not include review
or approval of designs.
2. Kennedy/Jenks will provide review of construction for the purposes of determining compliance with the technical and
functional provisions of the construction contract documents only. This review service is not in any way an assumption
on the part of City or Kennedy/Jenks of responsibility for methods or appliances used by the construction contractor;
for the sufficiency of design or installation of scaffolding, sheeting, or shoring; for the safety of the job; or for
compliance by the construction contractor with laws and regulations.
3. Kennedy/Jenks construction review or testing is for the purpose of determining compliance by contractors with the
technical and functional provisions of the construction contract documents only. City agrees that Kennedy/Jenks will
have no review or testing responsibilities at the project site except to the extent specifically provided for in the agreed
upon scope of services. Kennedy/Jenks shall not be held in any way to guarantee any contractor's work, nor to
City of Arlington and Kennedy/Jenks Consultants, Inc.
Agreement
Exhibit 1G – DRAFT Amendment No. 6: Scope of Services and Schedule
Q:\Projects\2005\0597002.02 Arlington Final Design\Project Management\Amendments\Amendment 6\CM Contract Scope.doc 6
assume responsibility for means, methods or appliances used by any contractor nor to assume responsibility for a
contractor's compliance with laws and regulations or for contractor's errors, omissions, or defective work.
4. City agrees that in accordance with generally accepted construction practices, the construction contractor will be
required to assume sole and complete responsibility for jobsite conditions during the course of the project, including
safety of all persons and property and that this responsibility shall be continuous and not be limited to normal working
hours. City agrees to require in all construction contracts for the project, provisions that City and Kennedy/Jenks (and
their officers, directors, employees and subconsultants) shall be defended and indemnified by the contractor and its
subcontractors and named additional insureds on contractor's and subcontractors’ insurance.
5. City will provide construction observation personnel. Personnel provided for construction observation will have
experience with the existing facility and typical WWTP construction means and methods, and familiarity with the plans
and specifications. If, in the opinion of the field engineer and Project Manager, additional inspection skills and/or level
of effort are necessary, Kennedy/Jenks will submit a request to augment or adjust construction observation personnel
for the City’s consideration. If such a request cannot be fulfilled with available City staff or other resources provided
by the City, Kennedy/Jenks may propose assignment of additional staff to monitor compliance with the plans and
specifications. Addition of Kennedy/Jenks personnel for this purpose will require an Amendment to this scope of
services.
6. Any statements of estimated construction costs furnished by Kennedy/Jenks are based on professional opinions and
judgment, and Kennedy/Jenks will not be responsible for fluctuations in construction costs.
7. City will provide legal services, if necessary, and will process progress pay estimates and contract change orders.
8. Kennedy/Jenks’ employees will participate in the commissioning process to witness the equipment commissioning,
record test information, prepare summaries, and identify deficiencies. The Contractor’s and City’s personnel will
operate the equipment and take measurements that are not readily observable during the commissioning process.
The purpose of commissioning is to verify that equipment and systems provided for this project are operating as
expected. Commissioning is not intended to replace inspection and testing procedures required during construction.
Assumptions
In preparing the Scope of Services for Amendment No. 6, it is assumed that:
1. City personnel will be available for onsite meetings.
2. The City will be responsible for coordination with the Contractor and the utilities for utility disconnects and
connections, and is responsible for payment of all connection fees.
3. Responsibilities related to MBR assignment will be as defined in the MBR procurement contract.
4. Amendment No. 6 level of effort estimates are based on a 25-month construction period, with one full time field
engineer (40 hours per week). The level and duration of effort required for construction period activities often varies
depending on a number of factors (i.e., contractor cooperation, unexpected construction issues, weather related
complications, cultural artifact discovery, etc.). Because this project is budgeted on a time and materials basis, it is
possible that the level of effort expended could be less than or greater than budgeted. This is particularly true if the
contractor does not complete construction on time. It is understood that augmentation or modification of the scope,
budget, and schedule for any of the work proposed in this contract will require notification, discussion, and approval
by both parties.
5. The City will handle reproduction costs for conformed documents, record drawings, etc.
6. The City will coordinate and pay for shipment of submittals and other documents provided by the Contractor to
Kennedy/Jenks’ Federal Way, Washington office.
7. The contractor will provide a field office for use by the construction inspector and field engineer. The scope of the
field office will be specified in the Contract Documents.
City of Arlington and Kennedy/Jenks Consultants, Inc.
Agreement
Exhibit 1G – DRAFT Amendment No. 6: Scope of Services and Schedule
Q:\Projects\2005\0597002.02 Arlington Final Design\Project Management\Amendments\Amendment 6\CM Contract Scope.doc 7
8. The contractor will provide field survey services for construction staking and locations of structures.
9. The contractor will be responsible for preparing the Stormwater Pollution Prevention Plan (SWPPP).
10. The contractor will be responsible for preparing the commissioning plan and conducting the commissioning, in
accordance with the provisions specified in the Contract Documents.
11. Conformed documents will be prepared for internal use only and not for issue to the Contractor.
12. The Contractor will provide all equipment O&M manuals and commissioning worksheets as specified in the Contract
Documents.
13. New isometric drawings or plans will not be provided for the O&M manual.
14. Engineering calculations will not be included in the O&M manual.
Deliverables
Task 5.01 Shop drawing/submittal review comments, RFI responses, RFQs, change orders, clarifications, photos,
and other project records.
Task 5.02 O&M manual and record drawings.
Exclusions: Additional Engineering Services (not included in current scope of services)
The following work is currently not included in this Scope of Services, but could be added if determined to be appropriate:
1. Meetings and site visits beyond the budgeted amount.
2. Review and processing of submittals, RFIs, change orders, RFQs, and clarifications beyond the budgeted amount.
3. Locating/potholing/mapping existing utilities.
4. Submittal of permit applications, including fees.
5. Environmental mitigation monitoring.
6. Construction scheduling.
7. Startup and commissioning assistance that involves operating equipment or is beyond the budgeted amount.
8. Field verification of constructed conditions for preparation of the Record Drawings.
9. Field and laboratory testing services such as testing of soil compaction, concrete slump, concrete compressive
strength, concrete air entrainment, etc.
10. Special inspections as required during the construction period.
11. Processing and review of claims beyond the total effort budgeted for Subtask 5.01-E.
12. Expert witness and depositions.
13. Processing of prevailing wage certificates.
14. Preparation of SRF/Centennial post construction report.
15. PLC programming (Kennedy/Jenks could provide this service, or it could be left to the Contractor).
Schedule
Kennedy/Jenks will proceed with engineering support and construction management services as soon as we receive
authorization from the City.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #4
ATTACHMENT G
COUNCIL MEETING DATE:
December 15, 2008
SUBJECT: Katy Isaksen & Associates Task
Order #6 – Storm Comp Plan Financial Analysis
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Professional Services Agreement, Task Order # 6
EXPENDITURES REQUESTED: $13,500.00
BUDGET CATEGORY: Stormwater Capital Improvement Fund 2008
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION: KIA Task Order #6 will provide for the financial analysis work necessary to
support the Stormwater Comprehensive Plan update
HISTORY: The City has been working with URS Corporation on updating the Surface Water
Management Plan (the Plan), commonly referred to as the Stormwater Comprehensive Plan.
Katy Isaksen & Associates has been under subcontract with URS to prepare the financial plan,
develop rate and connection charge recommendations and prepare the finance chapter for
inclusion in the Plan. The City is currently amending the URS contract and is seeking methods
of reducing the cost. One method is to contract with Katy Isaksen & Associates directly and
avoid the typical subconsultant markup. This Task Order transfers the financial plan tasks from
a subconsultant contract with URS, to direct contract with the City.
ALTERNATIVES:
Decline the proposal and solicit other firms.
RECOMMENDED ACTION:
Approve the attached Task Order #6 authorizing Katy Isaksen & Associates to perform the
financial analysis for the Sewer Comprehensive Plan update.
CITY OF ARLINGTON
TASK ORDER AUTHORIZATION
Contract: Professional Service Agreement
City of Arlington and Katy Isaksen & Associates
Contract No.: P02.197
Task Order: T.O. #6
Task Manager: James Kelly
Date: October 20, 2008
Description: Financial Plan, Rates and Chapter for Stormwater Management Plan
This Task Order is being issued in accordance with all terms and conditions provided for in
the above referenced contract. The above referenced Task Manager shall be the designated
City of Arlington representative who will perform the technical, functional, and supervisory
activities necessary for the proper management and execution of this Task Order. Any
changes, additions, deletions, or modifications to this Task Order must be clearly stipulated
and agreed to in a written Task Order Amendment and signed by all signatories of this Task
Order.
Project Understanding
The City has been working with URS Corporation on updating the Surface Water
Management Plan (the Plan), commonly referred to as the Stormwater Comprehensive Plan.
Katy Isaksen & Associates has been under subcontract with URS to prepare the financial plan,
develop rate and connection charge recommendations and prepare the finance chapter for
inclusion in the Plan. The City is currently amending the URS contract and is seeking
methods of reducing the cost. One method is to contract with Katy Isaksen & Associates
directly and avoid the typical subconsultant markup. This Task Order transfers the financial
plan tasks from a subconsultant contract with URS, to direct contract with the City.
This Task Order No. 6 provides for the completion of the Stormwater financial plan along
with capital improvement funding, six-year revenue and expense projections, recommended
rates and connection fees and a finance chapter for inclusion in the Plan document. The
budget has been revised to reflect the anticipated level of effort to complete based on current
experience working with the City of Arlington on other task orders.
Scope of Work
The Scope of Work for this Task Order is to develop the financial plan to support the
recommendations made in the Stormwater Plan, develop a capital improvement funding plan,
prepare six-year revenue and expense projections, recommended rates and connection
charges, anddraft the financial chapter for inclusion in the Plan. Coordination with URS, the
City’s engineering consultant on this Plan is also included. To complete this Task Order, the
following information and data will be provided by the City:
PAGE 1 of 3
A. Draft chapters from the Plan including sections related to existing
development/available lands, anticipated growth, review and recommendations for
operations & maintenance programs, additional efforts required to meet NPDES Phase
II regulations, capital improvements and any other recommendations that may affect
future funding requirements,
B. Prioritized draft list of capital improvements recommended, including estimated cost
and schedule,
C. Any changes to the preliminary 2009 proposed budget, or planned adjustments for the
future,
D. Existing customer billing data including customers and revenue by type, impervious
surface area in the form of ESU’s, and information on accounts with approved credits,
E. Other information and reports that would be helpful in ensuring a coordinated
Stormwater Financial Plan.
The following is a breakdown of the anticipated work and deliverables required of this Task
Order:
A. Documenting the existing financial summary, financial policies and rates or fees for
the existing Stormwater Utility.
B. Develop a funding plan for the capital improvements, evaluate the rate impact of
several alternative CIP schedules to assist the City in selecting the preferred list and
schedule.
C. Develop a balanced six-year financial outlook including revenue and expenses
(operating, debt, capital and reserves) with the impact on rates.
D. Review history and develop a potential system development fee to ensure that growth
pays for growth, as appropriate for the system in place and capital improvements
recommended.
E. Determine a six-year rate projection, review and summarize the existing rate structure,
and make rate recommendations to support the Plan.
F. Develop the financial chapter for inclusion in the Plan.
G. Coordinate with City’s engineering consultant, city staff and senior advisor as
necessary to ensure a well-coordinated and supported effort between the financial plan
and recommendations to be contained in the City’s Stormwater Plan. This will also
include responding to inquiries and coordinating closely with the City’s utility
financial and billing staff, and preparing for presentations to be made to the Executive
Committee and City Council.
Schedule
The schedule for the performance of this Task Order shall run concurrent with Stormwater
Management Plan.
PAGE 2 of 3
PAGE 3 of 3
Fees
This Task Order shall be billed on a Time and Materials basis with a not to exceed amount of
$13,500.00. The billing rate for Katy Isaksen shall be $105.00 per hour. Direct expenses
incurred for the project will be billed at cost. Typical expenses include mileage, copies and
delivery other than regular US mail.
Notice to Proceed
The following individuals, by signing below, agree to the terms of this Task Order and that it
is a duely authorized and issued Notice to Proceed for the contractor/consultant to begin work
per the direction and supervision of the Task Order Manager.
Task Order Issued By: Task Order Accepted By:
________________________ ________________________
CITY OF ARLINGTON Katy Isaksen & Associates
KI&A BUDGET
City of Arlington Stormwate Est. Hourly Est. Hourly
Prepared by Katy Isaksen & Associates, 10/24/06, Revised 10/20/08 Hours 105.00$ Hours 105.00$
Prepare Financial Program and Chapte
1. existing financial summary 8 840.00$ 0 -$
2. existing financial policies 6 630.00$ 4 420.00$
3. existing rates and fees 4 420.00$ 4 420.00$
4. evaluate rate impact of alternative CIP sched. to select preferred 16 1,680.00$ 16 1,680.00$
5. identify 6-yr revenue requirements (operating, debt, capital) 16 1,680.00$ 16 1,680.00$
6. calculate connection charge based on CIP 20 2,100.00$ 20 2,100.00$
7. determine 6-yr rate projection 16 1,680.00$ 16 1,680.00$
8. present to stormwater team/staff 6 630.00$ 4 420.00$
9. prepare summary financial plan 12 1,260.00$ 12 1,260.00$
10. make adjustments to financial plan 8 840.00$ 4 420.00$
11. draft financial chapter 16 1,680.00$ 16 1,680.00$
12. attendance and/or presentation at one Executive Meeting 6 630.00$ 4 420.00$
13. present at one Council Meeting 8 840.00$ 0 -$
. rev ew an commen on ra or nance prepare y c . .
15. coordination w/staff, engineers, advisor 8 840.00$ 8 840.00$
Labor Estimate 154 16,170$ 126 13,230$
Estimated Direct Expense 300$ 270$
Total Estimate Task 16,470$ 13,500$
Base est. includes draft scenario + 1 revised.
Katy Isaksen (206.706.8893): Arlington Stormwater Comp Plan, Detailed Est., 11/17/2008