HomeMy WebLinkAbout_04-14-25 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
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CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney – Julie
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Airport Fiber Installation Project – Phase Three ATTACHMENT A
Staff Presentation: Monroe Whitman
Council Liaison: Heather Logan
2. 211th Place Improvement Project – Change Order No. 2 ATTACHMENT B
Staff Presentation: Jim Kelly
Council Liaison: Yvonne Gallardo-Van Ornam
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
Arlington City Council Workshop
Monday, April 14, 2025 at 6:00 pm
City Council Chambers – 110 E 3rd Street
City of Arlington Council Agenda Bill
Item: WS #1 Attachment A
April 14, 2025
Airport Fiber Installation Project – Phase Three
Quote, Contract, and Exhibit
Airport; Monroe Whitman, Operations Manager 360-403-3471 EXPENDITURES REQUESTED: $599,961.66
LEGAL REVIEW:
Cannon Companies, in the amount of $599,961.66. This project was approved as part of the airport’s biennial budget and will be completed in 2025 under state contract. Fiber installation will improve internet service and security for airport tenants and businesses located on the field. Continuing to install fiber throughout the airport will improve operations for businesses that remain or relocate to the Arlington Municipal Airport. See exhibit for route of the fiber installation. The City’s IT Department will fund a portion of this project as it aligns with the City’s long-term fiber installation objectives. Additionally, several airport projects are no longer necessary, which allows staff to roll over these operational funds to cover the new price of this project.
contract with Cannon Companies. The project's first two phases included fiber installation in two locations near the south end of the airport. Council approved a contract with Cannon Companies on February 18, 2025. However, after further
“I move to approve the Airport Fiber Installation Project-Phase Three in the amount of $599,961.66 and authorize the Mayor to sign the contract with Cannon Companies.”
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406 Porter Way . Milton, WA 98354 . CANNOCI055CS, WA
www.cannonconstructioninc.com . 253-922-2787 . Fax 253-922-3245
406 Porter Way Date: 3-19-2025
Milton, WA 98354-96354 Job location: Arlington Airport
Contact: Shane Gottbreht Bid number: B24-1429
Phone: 253-922-2787 DES Contract #: 05620
Fax: 253-922-3245
Project Title: Fly In Gate, Fly Service, 192nd Gate and 59th Gate and Airport Blvd
Thank you for the opportunity to participate in the above referenced project. The following is our cost proposal.
Bid Item Description Unit Qty Unit Price Bid Total
10 Trench 2-2” conduits FT 10831 $28.00 $303,268.00
20 25-TA Install EA 7 $6,683.45 $46,784.15
30 17x30 HH Install EA 30 $2,150.00 $64,500.00
40 Fiber Pull 288ct and 12ct fiber FT 12814 $5.70 $73,039.80
50 Hoffman Box Termination EA 10 $2,663.87 $26,638.70
60 Fiber Case Install and Splicing EA 4 $3,080.78 $12,323.12
70 Hard Surface Restoration SQFT 300 $74.53 $22,359.00
Sub Total $548,912.77
9.3% Sales Tax $51,048.89
Total $599,961.66
Scope of Work
• Trench 2-2” conduit to a depth of 36” and restore soft surface with rock and/or top soil and grass seed
• Install 25-TA Vault for splice locations and 17x30 HH for storage
• Place 288ct and 12ct fiber in new conduit per design
• Install Hoffman box and terminate 12ct fiber
• Splice 288ct fiber to 12ct fiber in D case
• Testing of terminated fibers
• Restore hard surface restoration to equal or better quality
• Place (1) tracer wire and mule tape in conduit
• Provide all material to complete scope of work
• Flagging for crossings at 188th St NE and 59th Dr NE
• Includes prevailing wage
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406 Porter Way . Milton, WA 98354 . CANNOCI055CS, WA
www.cannonconstructioninc.com . 253-922-2787 . Fax 253-922-3245
Exclusions
• Night and weekend work
• Permitting (all work on private property)
• Changes to scope of work after bid proposal acceptance
• Repair or replacement of existing wire
• Bonding
Note: This proposal may be withdrawn by us if not accepted within 30 Days of proposal date.
Payments shall be made each thirty days as the work progresses. The entire amount of the contract shall be paid within
thirty days after completion.
Terms and Conditions
Bid Term. This Bid remains effective for thirty (30) days from the date shown, after which it is subject to change or cancellation.
Changes. Any changes from the specifications on the face of this Agreement will be undertaken only upon written order, and will be cha rged at
Time and Material rates unless otherwise specified in writing.
Early Termination. In the event that a project is canceled prematurely, A 20% Re-Stocking fee will be charged to owner.
Payment. Customer shall pay Cannon Construction the amount invoiced by Cannon Construction within thirty (30) days from the date of invoice.
Customer agrees to pay Cannon Construction 18% finance charges per month on any unpaid balance.
Force Majeure. Cannon Construction shall not be liable in damages or otherwise for delay or failure to complete the job occasioned by Custom er,
Customer’s agents, acts of God, accidents, labor disputes, carrier delays, or other causes outside of the control of Cannon Construction.
Hazardous Materials. Cannon Construction shall not be responsible for testing, handling, or disposing of contaminated, toxic or hazardous
materials unless otherwise provided in this agreement. Cannon Construction shall assume that all materials hauled from the j ob site are not
contaminated, toxic or hazardous, unless otherwise provided in this Agreement. Customer agrees to indemnify, defend and hold harmless Cannon
Construction from and against any claims, actions, damages, and/or expenses arising out of Cannon Construction’s handling or disposing of any
such materials in the performance of its obligations under this agreement.
Lien. Cannon Construction. shall file a lien on the job location if necessary to enforce any of the payment provisions of this Agre ement.
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406 Porter Way . Milton, WA 98354 . CANNOCI055CS, WA
www.cannonconstructioninc.com . 253-922-2787 . Fax 253-922-3245
Warranty. Cannon Construction. work is guaranteed against faulty material and workmanship for one (1) year. ALL OTHER WARRANTIES ARE
DISCLAIMED, INCLUDING WARRANTY OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Any alteration or deviation from the above specifications involving extra cost of material and/or labor will only be executed upon written orders for
same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing.
Respectfully submitted,
Estimator:
Signed:
Signed: ___________________________ Date: ___________________
Title: ___________________________
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Construction Contract (Rev 7.1.2024)
CONSTRUCTION CONTRACT
Project Name____________________________________________________ Project # ___________
THIS CONTRACT, is made and entered into in duplicate this day of , 202_, by
and between the CITY OF ARLINGTON, a municipal corporation of the State of Washington, hereafter
called the “CITY”, and (CONTRACTOR NAME) hereafter referred to
as the “CONTRACTOR”.
WHEREAS, the CITY desires Fiber Installation _________ , 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.SCOPE OF SERVICES
CONTRACTOR agrees to perform the services described in the attached Scope of Work and/or
proposal which is attached hereto as Exhibit ”A” and is herein incorporated by reference.
2.TERM
2.1 No work is to be performed prior to written notice by the CITY to proceed.
2.2 All work under this Contract is to be done within of notice to proceed.
3.COMPENSATION AND METHOD OF PAYMENT
3.1 CITY shall pay CONTRACTOR for the work performed under this Contract: (check one)
(please include all applicable taxes and fees)
Hourly: $ per hour but not more than a total of $_______________.
Fixed Sum: a total amount of $ .
Other: _____________________________________________________.
for all work performed and expenses incurred under this Contract.
150 working days
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Construction Contract (Rev 7.1.2024)
3.2 The CONTRACTOR shall do all work and furnish all tools, materials, and equipment for
_____________________ , which includes any applicable
sales or use tax, in accordance with and as described in the attached plans
and specifications and the Standard Specifications for Municipal Public Works
Construction, which are by this reference incorporated herein and made a part hereof,
and shall perform any alterations in or additions to the work provided under this
Contract and every part thereof.
3.3 The CONTRACTOR shall maintain time and expense records and report them to the CITY
monthly; and shall submit invoices to the CITY monthly for payment for work performed
to the date of the invoice. Invoices shall be in a format acceptable to the CITY.
3.4 The CITY shall pay all invoices from the CONTRACTOR by mailing a CITY warrant within 30
days of receipt of a properly completed invoice.
3.5 All records and accounts pertaining to this Contract are to be kept available for inspection
by representatives of the CITY for a period of three (3) years after final payment. Copies
shall be made available to the CITY upon request.
3.6 If during the course of the Contract, the work rendered does not meet the requirements
set forth in the Contract, the CONTRACTOR shall correct or modify the required work to
comply with the requirements of the Contract. The CITY shall have the right to withhold
payment for such work until it meets the requirements of the Contract.
4.PREVAILING WAGE
4.1 This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be
amended, relating to prevailing wages. On Public Works projects, funded in part or in
whole with Federal funds, Federal wages laws and regulations shall also be applicable. NO
WORKER, LABORER OR MECHANIC EMPLOYED IN THE PERFORMANCE OF ANY PART OF
THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OR WAGE as determined
by the Industrial Statistician of the Department of Labor and industries for the State of
Washington. The schedule of prevailing wage rates for this Contract is attached hereto and
by this reference made a part of this Contract as though fully set forth herein.
4.2 Prior to making any payment under this Contract, the CITY must receive an approved copy
of the “Statement of Intent to Pay Prevailing Wages on Public Works Contracts” from the
Department of Labor and Industries.
4.3 It is the CONTRACTOR’s responsibility to obtain and file the Statement. The CONTRACTOR
shall be responsible for all filing fees. Each invoice shall include a signed statement that
prevailing wages have been paid by the CONTRACTOR and all subcontractors. Following
the final acceptance of services rendered, CONTRACTOR shall submit an “Affidavit of
Wages Paid” which must be certified by the Industrial Statistician of the Department of
Labor and Industries.
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5.REPRESENTATIONS
CITY has relied upon the qualifications of CONTRACTOR in entering into this Contract. By execution
of this Contract, CONTRACTOR represents it possesses the ability, skill and resources necessary to
perform the work and is familiar with all applicable current laws, rules and regulations which
reasonably relate to the Scope of Services detailed in Exhibit “A” hereto.
6.STANDARD OF CARE
CONTRACTOR shall exercise the degree of skill and diligence normally employed by contractors
engaged in the same profession, and performing the same or similar services at the time such
services are performed. CONTRACTOR will be responsible for the technical accuracy of its services
and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies
therein. CONTRACTOR agrees to correct any deficiencies discovered without additional
compensation, except to the extent such deficiencies are directly attributable to deficiencies or
omissions in City-furnished information.
7.RESPONSIBILITY OF CONTRACTOR
7.1 Safety. CONTRACTOR shall take all necessary precautions for the safety of employees on
the work site and shall comply with all applicable provisions of Federal, State, and
municipal safety laws.
7.2 Corrections of Defects. CONTRACTOR shall be responsible for correcting all defects in
workmanship and/or materials discovered 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 delay or where loss of service 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 the CONTRACTOR.
7.3 Warranty. CONTRACTOR shall be responsible for correcting all defects in workmanship
and material in a responsible period of time, after said work is completed. 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 in a reasonable time. In emergencies
where damage may result from delay or where loss of service may result, such correction
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 the
CONTRACTOR.
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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 inspection and supervision of the CITY. CONTRACTOR
shall hold the CITY harmless from any and all claims which may be made against the CITY
as a result of any defective work and the CONTRACTOR shall defend any such claims 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.
7.4 Nondiscrimination.
7.4.1 Nondiscrimination Requirement. During the term of this Contract, CONTRACTOR,
including any subcontractor, shall not discriminate on the bases enumerated at
RCW 49.60.530(3). In addition, CONTRACTOR, including any subcontractor, shall
give written notice of this nondiscrimination requirement to any labor
organizations with which CONTRACTOR, or subcontractor, has a collective
bargaining or other agreement.
7.4.2 Obligation to Cooperate. CONTRACTOR, including any subcontractor, shall
cooperate and comply with any Washington state agency investigation regarding
any allegation that CONTRACTOR, including any subcontractor, has engaged in
discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).
7.4.3 Default. Notwithstanding any provision to the contrary, Agency may suspend
CONTRACTOR, including any subcontractor, upon notice of a failure to participate
and cooperate with any state agency investigation into alleged discrimination
prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension
will remain in place until Agency receives notification that CONTRACTOR, including
any subcontractor, is cooperating with the investigating state agency. In the event
CONTRACTOR, or subcontractor, is determined to have engaged in discrimination
identified at RCW 49.60.530(3), Agency may terminate this Contract in whole or in
part, and CONTRACTOR, subcontractor, or both, may be referred for debarment as
provided in RCW 39.26.200. CONTRACTOR or subcontractor may be given a
reasonable time in which to cure this noncompliance, including implementing
conditions consistent with any court-ordered injunctive relief or settlement
agreement.
7.4.4 Remedies for Breach. Notwithstanding any provision to the contrary, in the event
of Contract termination or suspension for engaging in discrimination,
CONTRACTOR, subcontractor, or both, shall be liable for contract damages as
authorized by law including, but not limited to, any cost difference between the
original contract and the replacement or cover contract and all administrative costs
directly related to the replacement contract, which damages are distinct from any
penalties imposed under Chapter 49.60, RCW. Agency shall have the right to
deduct from any monies due to CONTRACTOR or subcontractor, or that thereafter
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become due, an amount for damages CONTRACTOR or subcontractor will owe
Agency for default under this provision.
7.5 Employment. Any and all employees of the CONTRACTOR while engaged in the
performance of any work or services required by the CONTRACTOR under this Contract,
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.
8.SUBCONTRACTOR RESPONSIBILITY
8.1 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:
8.1.1 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;
8.1.2 Have a current Washington Unified Business Identifier (UBI) number;
8.1.3 If applicable, have:
8.1.3.1 Industrial Insurance (worker’s compensation) coverage for the
subcontractor’s employees working in Washington, as required in Title 51
RCW;
8.1.3.2 A Washington Employment Security Department number, as required in
Title 50 RCW;
8.1.3.3 A Washington Department of Revenue state excise tax registration
number, as required in Title 82 RCW;
8.1.3.4 An electrical CONTRACTOR license, if required by Chapter 19.28 RCW;
8.1.3.5 An elevator CONTRACTOR license, if required by Chapter 70.87 RCW
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8.1.4 Not be disqualified from bidding on any public works contract under RCW
39.06.010 or 39.12.065(3).
9.HOLD HARMLESS
The CONTRACTOR 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 in connection with the performance of this Contract, except for injuries and
damages caused by the sole negligence of the CITY.
However, should a court of competent jurisdiction determine that this Contract 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 CONTRACTOR
and the CITY, its officers, officials, employees, and volunteers, the CONTRACTOR’s liability
hereunder shall be only to the extent of the CONTRACTOR‘s negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the
CONTRACTOR’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 Contract.
10.INSURANCE
10.1 Insurance Term. CONTRACTOR shall procure and maintain, for the duration of this
Contract, insurance against claims for the injuries to persons or damages to property which
may arise from or in connection with the performance of the work thereunder by the
CONTRACTOR, his agent, representatives, employees or subcontractors. The cost of such
insurance shall be paid by the CONTRACTOR.
10.2 No Limitation. The CONTRACTOR shall procure and maintain insurance, as required in this
Section, without interruption from commencement of the CONTRACTOR’s work through
the term of the Contract and for thirty (30) days after the Physical Completion date, unless
otherwise indicated herein.
10.3 Minimum Scope of Insurance. The Contractor’s required insurance shall be of the types
and coverage as stated below:
10.3.1 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.
10.3.2 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,
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
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a per project general aggregate limit using ISO form CG 25 03 05 09 or an
endorsement providing at least as broad coverage. There shall be no exclusion for
liability arising from explosion, collapse or underground property damage. The
CITY shall be named as an additional insured under the Contractor’s Commercial
General Liability insurance policy with respect to the work performed for the CITY
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.
10.3.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
10.4 Minimum Amounts of Insurance. CONTRACTOR shall maintain limits no less than:
10.4.1 Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
10.4.2 Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products-completed operations aggregate limit.
10.4.3 Worker's Compensation coverage as required by the Worker's Compensation Act
of the State of Washington.
10.5 City’s Full Availability of Contractor Limits. If the CONTRACTOR maintains higher insurance
limits than the minimums shown above, the CITY shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the CONTRACTOR,
irrespective of whether such limits maintained by the CONTRACTOR are greater than those
required by this Contract or whether any certificate of insurance furnished to the CITY
evidences limits of liability lower than those maintained by the CONTRACTOR.
10.6 Other Insurance Provision. The CONTRACTOR’S Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain, that they shall
be primary insurance as respect the CITY. Any insurance, self-insurance, or self-insured
pool coverage maintained by the CITY shall be excess of the CONTRACTOR’S insurance and
shall not contribute with it.
10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no
less than A: VII.
10.8 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
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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.
10.9 Subcontractors. The CONTRACTOR shall cause each and every subcontractor to provide
insurance coverage that complies with all applicable requirements of the Contractor-
provided insurance as set forth herein, except the CONTRACTOR shall have sole
responsibility for determining the limits of coverage required to be obtained by
subcontractors. The CONTRACTOR shall ensure that the CITY is an additional insured on
each and every Subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37
10 01 for completed operations.
10.10 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.
10.11 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.
11.CLAIMS
11.1 Any claim against the CITY for damages, expenses, costs or extras arising out of the
performance of this 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 the
CITY of final payment. CONTRACTOR, upon making applications for final payment, shall be
deemed to have waived this right to claim for final payment.
12.COMPLIANCE WITH LAWS
12.1 The CONTRACTOR shall comply with all Federal, State and local laws and regulations
applicable to the work done under this contract.
12.2 If the estimated cost of the project is more than $2,000,000, then CONTRACTOR agrees
to comply with the terms and conditions set forth on Exhibit B attached.
13.CITY'S RIGHT TO TERMINATE CONTRACT
13.1 The CITY may terminate this Contract upon the occurrence of any one or more of the
events hereafter specified:
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13.1.1 If the CONTRACTOR should be adjudged bankrupt.
13.1.2 If the CONTRACTOR should make a general assignment of benefit of his creditors.
13.1.3 If a receiver should be appointed on the account of insolvency of the CONTRACTOR.
13.1.4 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.
13.1.5 If the CONTRACTOR shall fail to complete the work within the time specified in the
contract.
13.1.6 If the CONTRACTOR shall fail to make a prompt payment to subcontractors or for
material or labor.
13.1.7 If CONTRACTOR should persistently disregard laws, ordinances or regulations of
Federal, State or municipal agencies or subdivisions thereof.
13.1.8 If CONTRACTOR should persistently disregard instructions of Management,
or otherwise be guilty of a substantial violation of the contract.
13.2 This Contract, and any amendments or extensions to said Contract 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 this 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 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.
14.OWNERSHIP OF DOCUMENTS
14.1 On payment to the CONTRACTOR by the CITY of all compensation due under this Contract
all finished or unfinished documents and material prepared by the CONTRACTOR with
funds provided by this Contract shall become the property of the CITY and shall be
forwarded to the CITY at its request.
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14.2 Any records, reports, information, data or other documents or materials given to or
prepared or assembled by the CONTRACTOR under this Contract 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.
15.PLANS AND SPECIFICATIONS
Plans and Specifications hereto referred to as the Exhibits, shall be available during office hours at
the following address: ____________________________________. Said Plans and Specifications
are by this reference incorporated herein.
16.ASSIGNMENT
This Contract may not be assigned or otherwise transferred by the parties hereto without the
written consent of the other party.
17.INDEPENDENT CONTRACTOR
CONTRACTOR is and shall be at all times during the term of this Contract an independent
CONTRACTOR.
18.ATTORNEYS FEES AND COSTS
If any legal proceeding is brought for the enforcement of this Contract, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Contract, the prevailing party shall be entitled to recover from the other party, in addition to any
other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
19.NOTICE
Notices, other than applications for payment, shall be given in writing to the persons named
below:
TO THE CITY: TO THE CONTRACTOR:
__________________________________
__________________________________
_________________________________
_________________________________
_________________________________
20.JURISDICTION AND VENUE
20.1 This Contract has been and shall be construed as having been made and delivered within
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the State of Washington, and it is agreed by each party hereto that this Contract shall
be governed by laws of the State of Washington, both as to interpretation and
performance.
20.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of this
Contract or any provisions thereof, shall be instituted and maintained only in any of the
courts of competent jurisdiction in Snohomish County, Washington.
21.SEVERABILITY
21.1 If, for any reason, any part, term or provision of this Contract 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 Contract did not contain the particular provision held
to be invalid.
21.2 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.
22.MODIFICATION
No change, alteration, modification or addition to the Contract will be effective unless it is in
writing and properly signed by all parties thereto.
IN WITNESS WHEREOF, the parties have executed this Contract as of this ___ day of
, 202_.
CITY OF ARLINGTON, WASHINGTON: CONTRACTOR:
By By
Title ___ Title
Page 12 of 15
Construction Contract (Rev 7.1.2024)
EXHIBIT A - SCOPE OF WORK
Payment and Performance Bond Page 1 of 2
PAYMENT AND PERFORMANCE BO ND
to t he C ITY O F ARLINGTON,
WASHINGTON
THE CITY OF ARLINGTON, WASHINGTON (the "City") has awarded to
_________________________________ ("Principal"), a contract for the construction of
the project designated as _____________________________________ ("Contract"),
and said Principal is required to furnish a payment and performance bond in accordance
with RCW 39.08 and, where applicable, RCW 60.28.
The Principal and ____________________________________ ("Surety), a corporation
organized under the laws of the State of _______________ and licensed to do business
in the State of Washington as surety, are jointly and severally held and firmly bound to
the City in the sum of____________________________________________US Dollars
($ ___________), subject to the provisions herein.
THE CONDITIONS OF THIS BOND ARE SUCH THAT, if the said Principal faithfully performs
all of the provisions of the Contract in the manner and within the time therein set forth,
or within such extension of time as may be granted under the Contract (notice of which
extension being hereby waived by the Surety), and shall pay all laborers, mechanics,
subcontractors and material suppliers, and all persons who supply said principal or
subcontractors with provisions and supplies for the carrying on of the Contract work, and
shall hold the City harmless from any loss or damage occasioned to any person or
property by reason of any carelessness or negligence of the Principal, or any subcontractor
in the performance of the Contract work, and shall hold the City harmless from any loss or
damage occasioned to any person or property by reason of any carelessness or
negligence of the Principal, or any subcontractor in the performance of the Contract
work, and shall indemnify and hold harmless from any direct or indirect damage or
expense by reason or failure of performance as specified in the Contract or from
defects appearing or developing in the material or workmanship provided or performed
under the Contract, then and in that event this obligation shall be void; but otherwise it shall
be and remain in full force and effect until, at a minimum, claims filed in compliance with
Chapter 39 .08 RCW are resolved and all other conditions set forth herein are satisfied.
PROVIDED FURTHER, that if said Contract is a public improvement contract involving the
construction, alteration, repair, or improvement of any highway, road , or street funded in whole
or in part by federal transportation funds, then an additional condition of this bond shall be
that this bond secures full payment to the State of Washington, including the departments of
Revenue, Employment Security, and Labor and Industries, with respect to taxes imposed
pursuant to Titles 50, 51 , and 82 RCW which may be due.
THE SURETY, FOR VALUE RECEIVED, FURTHER AGREES THAT no change,
Payment and Performance Bond Page 2 of 2
extension of time, alteration or addition to the terms of the Contract, the specifications
accompanying the Contract, or to the work to be performed under the Contract shall in any
way affect its obligation on this bond, and waives notice of any change, extension of time,
alteration or addition to the terms of the Contract or the work performed. The Surety agrees
that modification and changes to the terms and conditions of the Contract that increase the
total amount to be paid the Principal shall automatically increase the obligation of the Surety
on this bond and notice to Surety is not required for such increased obligation.
THE SURETY ACKNOWLEDGES that the City will execute the Contract after the date of
execution of the power of attorney attached to this bond, and the Surety further represents
that the power of attorney will be valid on the date of Contract execution.
PRINCIPAL SURETY
Signature Signature
Print Name, Title Print Name, Title
Date of Execution Date of Execution and Seal
Name, address, and telephone of local office/agent of Surety is:
Departmental Approval:
City Attorney Director
APPROVED AND ACCEPTED this _____ day of _______________, ___ for the CITY OF
ARLINGTON by:
Page 1 of 5
RETAINAGE OPTION
CONTRACTOR'S OPTION FOR RETAINED PERCENTAGE
ON PUBLIC WORKS CONTRACTS
Project: _______________________________________________________________________
Contractor: ___________________________________________________________________
RCW 60.28 as amended by (Chapter 223, laws of 1994) Regular Session allows each prime contractor on a Public Works
contract the following options concerning the amount reserved as retainage from moneys earned by the contractor.
Retainage Option Selection (Please Initial Selected Option)
Retained in a non-interest bearing fund by the City until forty-five days following the final
acceptance of said improvement or work as completed.
Bond in lieu of retainage. Use City of Arlington Retainage Bond form.
Complete and submit attached Retainage Bond section with Retainage Option selection.
Deposited by the City in an interest bearing account or escrow account in a bank, mutual
savings bank, or savings and loan association designated by the contractor (Form D-162), not
subject to withdrawal until after the final acceptance of said improvement or work as completed, or
until agreed to by both parties; PROVIDED, that interest on such account shall be paid to the
contractor.
Complete and submit attached Retainage Escrow Account section with Retainage
Option selection.
PRINCIPAL FIRM or COMPANY
Signature Date
Printed Name
Title
Name of Firm or Company
Address
City/State/Zip
Approved as to form:
________________________________________________________
Department Director or Designee, City of Arlington Date
Title
Retainage Option Form
Retainage Bond Option Form Page 2 of 5
RETAINAGE BOND
To: City of Arlington, Washington
Bond No:
KNOW ALL BY THESE PRESENTS that , a corporation organized and existing under the
laws of the State of and authorized to do business in the State of Washington as Principal
("Principal") and , a corporation organized and existing under the laws of the State of
and authorized and admitted to transact business in the State of Washington as Surety
("Surety"), are jointly and severally held and bound unto the CITY OF ARLINGTON as Obligee ("Owner") for the use . and benefit
of Claimants defined below as beneficiaries of the trust fund created by RCW 60.28, in the amount of described below for the
payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, on the day of 202 , the Principal entered into a contract with the Owner in accordance with Drawings,
Specifications, and other Contract Documents, which contract is by reference made a part of this Retainage Bond ("Contract");
AND WHEREAS, the Contract and RCW 60.28 require the Owner to reserve from the monies earned by the Principal on estimates
during the progress of the improvement or work a sum not to exceed 5% ("Retained Funds");
AND WHEREAS, Principal has requested under RCW 60.28.011(6) to submit a bond for all or a portion of the Retained Funds, and
the Owner is required by the statute to accept a satisfactory bond in lieu of the Retained Funds unless it can demonstrate good
cause for refusing it;
AND WHEREAS, it is the intent of the Principal, the Surety, and the Owner that this Retainage Bond and any proceeds from it are
subject to all claims and liens in the same manner and priority as set forth for retained percentages in RCW 60.28;
NOW THEREFORE, the condition of this obligation is that, if there are no valid claims by any person or entity arising under the Contract
pursuant to RCW 60.28, and no payment due from the Principal to the State of Washington with respect to taxes imposed pursuant to
Title 82 RCW or payments pursuant to RCW 50.42, then this obligation shall be void; otherwise, it shall remain in full force and
effect, subject, however, to the following conditions:
1. The Principal and Surety hereby jointly and severally agree among themselves and with the Owner
that every person or entity making a valid claim on the Retained Fund pursuant to RCW 60.28
("Claimant") who has not been paid in full before the expiration of a period of forty-five (45) days after the
completion of all Contract work may sue on this Retainage Bond for the use and benefit of the
Claimant, prosecute the suit to final judgment for the sum justly due the Claimant, if any, and have
execution on this Retainage Bond, all in accordance with and to the extent pem1issible under RCW
60.28. The Owner shall not be liable for the payment of any costs or expenses, including attorneys' fees,
of any such suit.
2. No suit or action shall be commenced under this Retainage Bond by any Claimant:
(a)Unless the Claimant has complied with the requirements of RCW 60.28, and
(b)Other than in a state court of competent jurisdiction in and for Snohomish County, and not
elsewhere.
Retainage Bond Option Form Page 3 of 5
RETAINAGE BOND (cont’d)
3. The amount of this Retainage Bond consists of:
(Check one of the following; if neither is checked, the first option shall apply)
5% of the final Contract Sum, including any increases due to change orders, quantities of work, new
items of work, or other additions as the Owner may pay under the Contract, any and all future
progress payments and 5% of any and all increases in the Contract Sum,
or
Dollars ($ ), which is a fixed
portion of the Retained Funds. Any balance of the Retained Funds will continue to be withheld, and
retainage will be withheld from any future progress payments or increases in the Contract Sum
unless this Retainage Bond is amended or replaced.
4. The amount of this Retainage Bond shall be reduced by and to the extent of any payment or payments properly made
under it.
SIGNED AND SEALED this day of , 202 .
PRINCIPAL SURETY
Principal Signature Date
Printed Name
Title
Surety Signature Date
Printed Name
Title
Name, address, and telephone of local office/agent of Surety Company is:
Approved as to form:
Department Director or Designee, City of Arlington Date
Title
Retainage Bond Option Form Page 4 of 5
RETAINAGE ESCROW ACCOUNT
Escrow No.
Bank or Trust Company Bank Account #
Agency: City of Arlington
Branch 238 N Olympic Ave .
Arlington, WA 98223
Street Address Project Name:
City, State, Zip Code
The Undersigned, , herein referred to as the Contractor, has directed City of Arlington,
and hereinafter referred to as the Agency, to deliver to you its warrants or checks, which shall be payable to you and the Contractor
jointly. Such warrants or checks are to be held and disposed of by you in accordance with the following instructions and upon the
terms and conditions hereinafter set forth.
INSTRUCTIONS
1.Warrants or checks made payable to you and the Contractor jointly upon delivery to you shall be endorsed by you and
forwarded for collection. The monies will then be used by you to purchase, as directed by the Contractor, bonds or other
securities chosen by the Contractor and approved by the Agency. Attached is a list of the types of such bonds, or other
securities approved by the Agency. Other bonds or securities, except stocks may be selected by the Contractor, subject
to express written approval of the Agency. Purchase of such bonds or other securities shall be in a form which shall allow
you alone to reconvert such bonds or other securities into money if you are required to do so by the Agency as provided
in Paragraph 4 of the Escrow Agreement.
2.When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such
interest and forward it to the Contractor at its address designated below unless otherwise directed by the Contractor.
3.You are not authorized to deliver to the Contractor all or any part of the securities held by you pursuant to this agreement
(or any monies derived from the sale of such securities or the negotiation of the Agency’s warrants or checks) except in
accordance with written instructions from the Agency. Compliance with such instructions shall relieve you of any further
liability related thereto. The estimated completion date on the contract underlying this Escrow Agreement is
subject to change as provided for by contract provisions.
Retainage Bond Option Form Page 5 of 5
RETAINAGE ESCROW ACCOUNT (cont’d)
4.The Contractor agrees to pay you as compensation for your services hereunder as follows:
Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property
placed with you pursuant to this agreement until and unless the Agency directs the release to the Contractor of the
securities and monies held hereunder whereupon you shall be granted a first lien upon such property released and
shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein
above. In the event that you are made a party to any litigation with respect to the property held by you hereunder,
or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any
service not provided for in these instructions or that there is any compensation for such extraordinary services from
the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned
by such default, delay, controversy, or litigation.
5.This agreement shall not be binding until executed by the Contractor and the Agency and accepted by you.
6.This instrument contains the entire agreement between you, the Contractor and the Agency with respect to this escrow
and you are not a party to nor bound by any instrument agreement other than this, you shall not be required to take notice
of any default or any other matter, nor be bound by nor required to give notice or demand, nor required to take action
whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own
negligence or willful misconduct.
7.The foregoing provisions shall be binding upon assigns, successors, personal representatives, and heirs of the parties
hereto.
The undersigned have read and hereby approve the instruction as given about governing the administration of this escrow and
do hereby execute this agreement on this day of , 202 .
City of Arlington
Contractor Agency
Authorized Signature Authorized Signature
238 N Olympic Ave
Address Address
Arlington, WA 98223
City-State-Zip City-State-Zip
The above escrow instruction received and accepted this day of , 202 .
Bank or Trust Company
Authorized Signature
CERTIFICATION REGARDING INELIGIBLE CONTRACTORS
___________________________, certifies that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal department or agency.
Where the bidder is unable to certify to any of the statements in this certification, such bidder
shall attach an explanation to this bid.
The bidder certifies or affirms the truthfulness and accuracy of the contents of the statement
submitted on or with this certification and understands that the provisions of 31 USC Section
3801, et seq., are applicable thereto.
Authorized Official Signature
Typewritten Name
Title of Authorized Official
Date
Company Name
CERTIFICATION OF RESTRICTIONS ON LOBBYING
The undersigned certifies to the best of its knowledge or belief that it complies with 49 CFR Part 20
New Restrictions on Lobbying:
1)No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, 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 subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance is 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, USC. 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.
Executed this _____ day of __________________, 202__.
Authorized Official Signature Typewritten Name
Title of Authorized Official
NOTE: CONTRACTORS ARE REQUIRED, PURSUANT TO FEDERAL LAW, TO INCLUDE THE ABOVE LANGUAGE IN SUBCONTRACTS OVER $100,000,
AND TO OBTAIN THIS CERTIFICATE FROM EACH SUBCONTRACTOR BEING PAID $100,000 OR MORE UNDER THIS CONTRACT.
Company Name
NON-COLLUSION DECLARATION
The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other
member, representative, or agent of the firm, company, corporation or partnership represented by
him/her, entered into any combination, collusion or agreement with any person relative to the price to
be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain
from bidding, and that this bid is made without reference to any other bid and without any agreement,
understanding or combination with any other person in reference to such bidding.
He/She further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, free gift, commission or thing of value on account of such sale.
I HEREBY DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.
Dated this ______ day of ___________, 202__, at ____________________, WA
_________________________________________________
(Name of Organization)
_________________________________________________
(Name and Title of P erson Signing)
_________________________________________________
(Signature)
City of Arlington Council Agenda Bill WS #2 Attachment
April 14, 2025 211th Place Improvement Project, Change Order No. 2
Change Order No. 2 Summary
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $33,705.90 BUDGET CATEGORY: 211th Pl Project – water portion fund 405 BUDGETED AMOUNT: $200,000 (2025 water portion only) If amendment is needed – funds are available. LEGAL REVIEW:
Realignment of watermain on 211th because of sewer main previously having to be relocated. HISTORY: Public Works publicly bid the 211th Place Improvement Project in August 2024. The project is currently under construction with Reece Construction as the contractor. During excavation of the project, it was discovered that a sanitary sewer force main was installed at too shallow a burial depth. Change Order No. 1 replaced 2,000 LF of sanitary sewer force main which then required relocation of the water main for required separation. A summary of the contract and change orders to date is as follows:
211th
Original Contract $ 3,357,510.00 Original contract 211th Place Corridor Improvement
CO#1 $ 330,394.09 CO-01 (Sanitary Sewer Main Relocation)
CO#2 $ 33,705.90 CO-02 (Water main relocation)
Total $ 3,721,609.99 Revised Contract Amount ALTERNATIVES: Do not approve Change Order. Amend contract scope of work.
Workshop; discussion only. At the April 21, 2025 Council meeting, the recommended motion will be, “I move to approve Contract Change Order No. 2 to the 211th Place Improvement Project and authorize the mayor to sign it.”
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CHANGE ORDER 002
Change Order Title: Water System Revision Date: 3/20/2025
Project Name: 211th Dr NE Corridor Improvement Project No: P02.571.3
Contractor:Reece Construction
The Contract is Modified as Follows:
Original Contract Amount: $ 3,357,510.00
Current Contract Amount: $ 3,687,904.09
Amount of this Change: $ 33,705.90
Contract time is: Increased Decreased
New Contract Duration:
Approvals (Not valid until signed by Agency)
Contractor –
______________________________ ___________________________________ ______________
Print Name Signature Date
Reviewed
James Kelly, Public Works Director ___________________________________ ______________
Signature Date
Reviewed
Kris Wallace, Public Works Accountant ___________________________________ ______________
Signature Date
Approved by Agency
Don E. Vanney, Mayor ___________________________________ ______________
Signature Date
Change Order Description:
This change order is required to change the new water main location farther to the north from 66th Ave to 67 Ave.
This includes work activities needed to install the watermain into its new alignment starting at station 17+50 (Ronning
Rd) and heading east approximately 1,125 feet to station 28+75 (west of 67th Ave). This work would take place prior
to full road closures for phase 2 and phase 3. The work would consist of traffic control for a single lane closure, milling
the trench line, removal-haul-disposal of unforeseen concrete below grade, and placing onsite millings as base course.
This change includes a credit for bid item 98 Controlled Density Fill (CDF). This work will be tracked and invoiced per
unit as detailed in COP-002 attached. Contractor will only bill up to the bid item quantities used to complete the work.
This change order is not to exceed $33,707.35.
CHANGE ORDER 2, CONT.
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Change Order #2 Summary · Non-Taxable
Item Description Quant. Unit Unit Price Amount
635 SY $5.04 $3,200.40
12 Day $2,983.35 $35,800.20
126 CY $85.27 $10,744.02
MILLINGS AS TOP COURSE FOR 272 TON $6.99 $1,901.28
Subtotal $33,705.90
9.3% Sales Tax n/a
TOTAL $33,705.90
ITEM 1:
Justification:
This change order is required to install a 1,125 ft section of water main out of phase and under a single lane closure
rather than a full road closure. This change is a result of unforeseen PUD project delays in relocating utility poles. This
work allows the contractor to continue without the PUD and Communication utilities completing a specific amount of
utility pole relocation work in advance of water main construction. This will negate the need to extend the contractual
duration of working days or cause a lengthy workday suspension. Relocating the water main will also be required due
to the new SSFM, which needs to be in the designed location of the water main to avoid a 10-foot proximity conflict
between water and sewer. The new location will delete the CDF backfill requirement from the project resulting in
savings of $17,940.00. This change order is not to exceed $33,707.35. The total billed amount is non-taxable as this is
categorized as water utility work.
Attachments:
• Contractor COP-002 - cost detail