HomeMy WebLinkAbout03-02-26 Amended Council Meeting Packet
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Mayor’s Volunteer Award presented to Linda Jacobson
Mayor Don Vanney
PROCLAMATION
Arbor Day ATTACHMENT A
Tim Abrahamson
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Michele Blythe
1. Minutes of the February 17 and February 23, 2026 Council meetings ATTACHMENT B
2. Accounts Payable ATTACHMENT C
3. Airport Equipment Purchase ATTACHMENT D
4. Design Professional Services Agreement with Dowl Engineering for ATTACHMENT E
Perimeter Fencing Improvements Project
5. Construction Administration Amendment for Taxiway Alpha ATTACHMENT F
Improvements Project
6. Authorization to apply for Recreation and Conservation Office (RCO) Grant ATTACHMENT G
PUBLIC HEARING
Arlington City Council Meeting
Monday, March 2, 2026 at 6:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
NEW BUSINESS
1. Contract for Indigent Defense Services with Feldman and Lee, P.S. ATTACHMENT H
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Michele Blythe
2. Appointments to Parks, Arts, and Recreation Commission ATTACHMENT I
Staff Presentation: Sarah Lopez
Council Liaison: Heather Watland
3. Compensation Proposal and Easement Approval for PUD Transmission Lines ATTACHMENT J
Staff Presentation: Marty Wray
Council Liaison: Yvonne Gallardo-Van Ornam
4. Correction to Change Order No. 2 for 188th and Smokey Point Blvd ATTACHMENT K
Roundabout Project
Staff Presentation: Jim Kelly
Council Liaison: Rob Toyer
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
PROCLAMATION
Arbor Day WHEREAS in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and WHEREAS this holiday, called Arbor Day, was �irst observed with the planting of more than a million trees in Nebraska, and WHEREAS Arbor Day is now observed throughout the nation and the world, and WHEREAS trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and WHEREAS trees are a renewable resource giving us paper, wood for our homes, fuel for our �ires, and countless other wood products, and WHEREAS trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS trees - wherever they are planted - are a source of joy and spiritual renewal. NOW, THEREFORE, I, Don Vanney, Mayor of Arlington, do hereby proclaim March 14, 2026 as Arbor Day in the City of Arlington, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, all citizens are urged to plant trees to gladden the heart and promote the well-being of this and future generations. _____________________________________ March 9, 2026 Don E. Vanney, Mayor Date
DRAFT
Council Chambers 110 East 3rd Street Monday, February 17, 2026
Councilmembers Present: Heather Watland, Yvonne Gallardo-Van Ornam, Michele Blythe, Nathan Senff, Tim Abrahamson, and Leisha Nobach, and Rob Toyer who attended virtually with Teams, after roll call.
Council Members Absent: None.
Staff Present: Mayor Don Vanney, Paul Ellis, Sarah Lopez, Shelby Burke, Raelynn Jones, Peter Barrett, Thad Newport, Jim Kelly, City Attorney Oskar Rey, Chelsea Brewer, Rory Bolter, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney, Kim Casteel, Denise Lester, Randy Nobach, Ellis Nobach, Dave Kraski, Melissa Johnson, Savannah Lopez, Stephanie Abrahamson, Kristin Hall and Joshua Kim. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda with the addition of an executive session. Councilmember Nathan Senff seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Snohomish County Conservation District’s Natural Resources Director Kristin Hall and Habitat Restoration Project Assistant Joshua Kim provided information about the Riparian Habitat Project.
PROCLAMATIONS None.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Leisha Nobach seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the February 2 and February 9, 2026 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #115215 through #115306, dated January 21 through February 2, 2026, in the amount of 519,651.56;
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting February 17, 2026 Approval of Payroll EFT Payments and Check #30483 through #30486 dated January 1, 2026 through January 31, 2026, in the amount of $1,720,312.41. 3. Memorandum of Understanding with City of Marysville to Utilize Polygraph Examination Services 4. Resolution Adopting Fee Schedule 5. Interlocal Agreement with Snohomish Conservation District 6. North County Recycle Transfer Station Mitigation Agreement with Snohomish County
PUBLIC HEARING None.
NEW BUSINESS
Change Order No. 2 for 188th Street Roundabout Public Works Director Jim Kelly requested Council approve Change Order No. 2 for the 188th and Smokey Point Boulevard Roundabout Project. Public Works publicly bid the 188th & Smokey Point Boulevard Project in fall 2025, the contract was awarded to SRV Construction Inc. As part of this project, the existing 8-inch sanitary sewer main was being upgraded to an 18-inch sewer main within the project limits. After construction began, it was discovered that the new 18-inch sanitary sewer was too close to a mis-marked gas main forcing the relocation of the sewer main east. In addition, the flow in the existing 8-inch sewer main was past 80% full flow at peak hour; reconnecting the new 18-inch sewer main to the existing 8-inch sewer main would cause maintenance problems. The 18-inch sewer main would be extended to Lift Station 6 as part of another phase of the Smokey Point Boulevard Corridor project, . This change order proposes to cover the costs associated with the necessary construction changes and will be covered by city sewer capital funds.
Councilmember Nathan Senff moved, and Councilmember Michele Blythe seconded the motion to approve Contract Change Order No. 2 to the 188th & Smokey Point Boulevard Project and authorized the mayor to sign it. The motion passed unanimously.
Resolution to Surplus Police K-9 dog Reece City Administrator Paul Ellis requested Council approve a resolution to Surplus K-9 Reece.
Reece has served the Police Department and Arlington’s citizens for several years and is now ready to retire as a police dog. Although he is a member of the police force, he is considered personal property, and as such, the City must declare him as “surplus” for purposes of retirement of him. The City wishes to make sure that Reece spends the rest of his life with his handler, Devon Benner.
Councilmember Leisha Nobach moved, and Councilmember Heather Watland seconded the motion to approve the resolution acknowledging the service of police K-9 dog Reece, declaring him as surplus, and authorizing his retirement to his handler, Devon Benner, and authorized the Mayor to sign the resolution. The motion passed unanimously.
Minutes of the City of Arlington City Council Meeting February 17, 2026
Appointment of Raelynn Jones as City Clerk City Administrator Paul Ellis requested Council confirm the appointment of Raelynn as City Clerk.
AMC 2.06.020 authorizes the Mayor to make appointments for certain offices within the City subject to City Council confirmation. Wendy Van Der Meersche began serving as City Clerk on June 1, 2019. Wendy is scheduled to retire on May 1, 2026. Wendy will remain in the role as City Clerk until her retirement as Raelynn is trained to take the role. Raelynn Jones served as the Executive Assistant in the Community and Economic Development Department. Raelynn will begin training with the current City Clerk and will take over the role when she retires. City Council is being asked to confirm the Mayor’s appointment of Raelynn Jones to City Clerk effective May 1, 2026. Mayor Pro Tem Michele Blythe moved, and Councilmember Leisha Nobach seconded the motion to confirm the appointment of Raelynn Jones as City Clerk effective May 1, 2026. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Yvonne Gallardo-Van Ornam thanked this evening’s presenters and spoke of her history with them. Councilmember Michele Blythe thanked Sgt Kinney for the police ride along. Councilmember Tim Abrahamson spoke about his first meeting with Snohomish County Board of Health.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT None.
EXECUTIVE SESSION City Attorney Oskar Rey announced the need for an executive session to discuss pending or potential litigation [RCW 42.30.110(1)(i)], with no action to be taken afterward, to begin at 6:23 p.m. and last 10 minutes until 6:33 p.m. Council was dismissed at 6:23 p.m. Council reconvened at 6:33 p.m.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:33 p.m. _________________________________________ Don E. Vanney, Mayor
DRAFT
Page 1 of 3
Council Chambers 110 East 3rd Street Monday, February 23, 2026
Councilmembers Present: Heather Watland, Yvonne Gallardo-Van Ornam, Michele Blythe, Nathan Senff, Tim Abrahamson, and Leisha Nobach.
Council Members Absent: Rob Toyer, excused.
Staff Present: Mayor Don Vanney, Paul Ellis, Marty Wray, Lorene Robinson, Josh Grindy, Peter Barrett, Rob Soule, Shelby Burke, Sheri Amundson, Sarah Lopez, and Rory Bolter.
Also Known to be Present: Kathy Vanney and Randy Nobach.
Mayor Vanney called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Councilmember Michele Blythe moved to approve the agenda as presented. Councilmember Nathan Senff seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Airport Equipment Purchase Airport Operations Coordinator Lorene Robinson reviewed a staff request for approval to purchase a 2016 Genie Lift GS-1930. A former tenant at the airport is selling this Genie Lift for a price comparable to others currently on the market (attached is a list of market comparables for reference). Since the lift is currently located on the field, staff will avoid delivery costs, resulting in additional savings. Purchasing the lift will eliminate the need for future rentals, resulting in ongoing cost savings. Maintenance and Operations (M&O), Information and Technology (IT), and Airport Operations have identified this equipment as a long-term asset that will support increasing operational demands and expanded preventive maintenance activities. To maximize value and reduce overall costs, the purchase cost will be shared among these three departments.
M&O reported that they currently have one loader available. It has limited reach and is shared for use across multiple city operations. Although a telehandler was recently purchased, it does not provide the same functionality in the field as a Genie Lift. Discussion followed with Ms. Robinson answering Council questions.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop February 23, 2026
Page 2 of 3
Design Professional Services Agreement with Dowl Engineering for Perimeter Fencing
Improvements Project Airport Operations Coordinator Lorene Robinson reviewed a Professional Services Agreement with Dowl Engineering (current contracted on-call engineer for the City of Arlington Airport) for the Perimeter Fencing Improvements Project – Stage 2 (design services). This project was approved as part of the airport’s biennial budget. This project will involve the design for removal and replacement of approximately 3,900 linear feet of existing perimeter fence of various types on the west side of the airport adjacent to Airport Boulevard with new 8-foot chain-link fence. The fence will also include 3-strand barbed wire per FAA technical specifications and four automated vehicle gates with access control. The proposed perimeter fence is critical for compliance with 14 CFR 139.335 Public Protection and 139.337 Wildlife Hazard Management. Airport staff will be applying for grant funding, and it is anticipated that the city will receive 90% in FAA grant funding.
The existing three-wire perimeter fence does not provide a secure airport perimeter and will be replaced with standard 8-foot chain-link with 3-strand barbed wire in phased projects. Stage 1 of the Perimeter Fencing Improvements Project was completed in 2024. Discussion followed with Ms. Robinson answering Council questions.
Construction Administration Amendment for Taxiway Alpha Improvements Project Airport Operations Coordinator reviewed an amendment for the Taxiway Alpha Improvements Project. This was approved as part of the airport’s biennial budget, and involved design, construction, and construction administration services. Project work consisted of a mill and overlay of Taxiway Alpha and reconstruction of Taxiway Connectors A1 and A4 in accordance with FAA standards. The project was determined substantially complete on September 24, 2025. Airport staff are returning to Council to request an amendment to the construction administration contract with DOWL for this project. This amendment includes additional construction administration services to support relocation of the Taxiway A1 holding position per tenant and FAA recommendations as well as additional services to include rectifying costs for additional quality assurance for geotechnical testing completed during construction. The FAA has indicated the additional costs are eligible for 90% reimbursement through FAA grant funding. The City Council approved the Taxiway Alpha Improvements Project construction administration contract with DOWL at their July 1, 2024 meeting.
Grant Application, Youth Athletic Facilities RCO Grant Maintenance and Operations Manager Josh Grindy reviewed staff’s request for authority to apply for the Youth Athletic Facility Grant through WA State Recreation and Conservation Office for field lights for the Quake Park multi-use field. Quake Park’s multi-use field had wooden light poles that were removed 9 years ago, due to age and condition. Currently, this field does not have any evening lighting which limits the hours of play in fall, winter, and spring.
Minutes of the City of Arlington City Council Workshop February 23, 2026
Page 3 of 3
The proposed project is quoted under state bid pricing from Musco lighting company for $300,000. If the State grant is approved, the City will need to provide 25% matching funds of $75,000. Currently, the City’s athletic field has $171,437.02 available for athletic field improvements. Discussion followed with Mr. Grindy answering Council questions.
Monthly Financial Report Finance Director Shelby Burke presented the January 2026 financial report.
Community Engagement Quarterly Report Community Engagement Director Sarah Lopez presented the Community Engagement quarterly report.
Airport Quarterly Report Airport Director Marty Wray presented the Airport quarterly report.
Maintenance and Operations Quarterly Report Maintenance and Operations Director Josh Grindy presented the M&O quarterly report.
ADMINISTRATOR AND STAFF REPORTS None.
MAYOR’S REPORT None.
COMMENTS FROM COUNCILMEMBERS Councilmember Tim Abrahamson requested an update on Policies and Procedures. Councilmember Yvonne Gallardo-Van Ornam commented on Police training at the airport, Economic Alliance Snohomish County Military Affairs Committee, and County Councilmember Nate Nehring meeting.
COUNCILMEMBER REPORTS None.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put Items No. 1-4 on the consent agenda at the March 2, 2026, council meeting.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:49 p.m. _________________________________________ Don E. Vanney, Mayor
City of Arlington Council Agenda Bill CA #2 Attachment
March 2, 2026 Accounts Payable Claims Approval
Claims Approval
Finance; Shelby Burke, Director EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
City of Arlington
March 2nd, 2026 Council Meeting
Claims Certification:
We, the undersigned City Council of the City of Arlington, Washington, do hereby certify that
the merchandise or services hereinafter specified have been received and that:
Approval of EFT Payments and Claims Checks #115307 through #115400, dated February 3rd
through February 17th, 2026 - in the amount of $688,301.53
City of Arlington Council Agenda Bill
Item: CA #3 Attachment D
March 2, 2026
Airport Equipment Purchase
Comparables on the Market
Airport; Lorene Robinson, Operations Coordinator 360-403-3472 EXPENDITURES REQUESTED: $8,197.50 (including tax) BUDGET CATEGORY: Capital Outlay BUDGETED AMOUNT: N/A LEGAL REVIEW:
Genie Lift for a price comparable to others currently on the market (attached is a list of market comparables for reference). Since the lift is currently located on the field, staff will avoid delivery costs, resulting in additional savings. Purchasing the lift will eliminate the need for future rentals, resulting in ongoing cost savings. Maintenance and Operations (M&O), Information and Technology (IT), and Airport Operations have identified this equipment as a long-term asset that will support increasing operational demands and expanded preventive maintenance activities. To maximize value and reduce overall costs, the purchase cost will be shared among these three departments.
across multiple city operations. Although a telehandler was recently purchased, it does not provide the same functionality in the field as a Genie Lift.
authorize the Mayor to sign any associated paperwork.
Purchase
2016 Genie Lift GS-1930
6.3 hours
Price - $8,197.50
Other used models on the market for comparison
Used 2016 Genie GS-1930 Lift #A3223359 for sale
391 hours
$10,328
Used 2018 Genie GS-1930 Lift #A8850382 for sale
241 hours
$7,894
Used 2017 Genie GS-1930 Lift #A8180798 for sale
314 hours
$8,145
Note: Comparables listed above do not include shipping costs
City of Arlington Council Agenda Bill
Item: CA #4 Attachment E
COUNCIL MEETING DATE: March 2, 2026
Design Professional Services Agreement with Dowl Engineering – Perimeter Fencing Improvements Project – Stage 2
Scope of Work, Fee Estimate, and Professional Services Agreement
Airport; Lorene Robinson, Operations Coordinator 360-403-3472 EXPENDITURES REQUESTED: $99,014 (design) BUDGET CATEGORY: CIP Fund LEGAL REVIEW:
Airport) for the Perimeter Fencing Improvements Project – Stage 2 (design services). This project was approved as part of the airport’s bi-annual budget. This project will involve the design for removal and replacement of approximately 3,900 linear feet of existing perimeter fence of various types on the west side of the airport adjacent to Airport Boulevard with new 8-foot chain-link fence. The fence will also include 3-strand barbed wire per FAA technical specifications and four automated vehicle gates with access control. The proposed perimeter fence is critical for compliance with 14 CFR 139.335 Public Protection and 139.337 Wildlife Hazard Management. Airport staff will be applying for grant funding, and it is anticipated that the city will receive 90% in FAA grant funding.
with standard 8-foot chain-link with 3-strand barbed wire in phased projects. Stage 1 of the Perimeter Fencing Improvements Project was completed in 2024.
amount of $99,014, and authorize the Mayor to sign (pending FAA approval). I also move to approve the FAA Grant offer subject to grant award for the Perimeter Fencing Improvements Project – Stage 2 and authorize the Mayor to sign.
Page 1 of 5
TASK ORDER #7
EXHIBIT A: SCOPE OF WORK
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements– Stage II
Phase 1: Design
This project will be completed under the Professional Services Agreement between the City of Arlington and
DOWL, LLC, dated 03/02/2026.
Project Description
This project includes the following improvements to the Arlington Municipal Airport (AIRPORT), as shown in
the attached Figure 1.
Airport Perimeter Fencing (FAA Eligible):
1. Removal and replacement of approximately 3,900 linear feet of existing perimeter fence of various
types at the west side of the airport adjacent to Airport Boulevard with new 8-foot chain-link fence.
New fence will include 3-strand barbed wire per FAA Technical Specification F-162 in FAA AC
150/5370-10H. Four (4) automated vehicle gates with access control will be installed in the new
fence line at the following locations:
1. Between Penway Media and Point to Point Air for access to southwest ramp
2. On 50th Dr NE for access to four hangars and parking area
3. On 49th Dr NE for access to four hangars and parking area
4. On 48th Dr NE for access to four hangars and parking area
All four gates will receive new access control card readers on each side of the gate. These card
readers will be linked to the existing access control system at the airport.
Non-Eligible Work:
1. New chain-link perimeter fence will receive black vinyl coating. Costs for upgrading 8’ chain-link
fence to black vinyl coated chain-link fence will be contained in a separate bid schedule and will be
non-FAA eligible.
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 2 of 5
PHASE 1: DESIGN
PROJECT MANAGEMENT
The CONSULTANT will develop the scope of the project, provide project management and administration,
management of subconsultants, and liaison with the AIRPORT, and prepare monthly invoices with monthly
progress reports. It is assumed that up to four (4) invoices will be required.
The CONSULTANT will attend up to two (2) meetings at the AIRPORT office, and two virtual meetings; the
anticipated meetings include:
a) FAA Predesign meeting (Microsoft Teams Meeting)
b) 90% Submittal Review Meeting (At Airport)
c) One (1) additional meeting, as needed (At Airport)
The FAA predesign meeting will follow FAA Regional Guidance 620-03. The CONSULTANT will prepare
meeting notes and distribute to all participants.
Assumptions:
a) One (1) invoice and one (1) progress report will be prepared per month.
b) The project will be completed approximately four (4) months after Notice to Proceed.
Deliverables:
Invoice and Progress Report PDF via email
Meeting Notes PDF via email
TOPOGRAPHIC SURVEY
The CONSULTANT will provide surveying services as follows:
a) Establish horizontal and vertical control for mapping purposes and future construction layout.
b) The topographic survey will be tied to the Washington State Plane coordinate system – North Zone
(NAD 83/91) and the North American Vertical Datum of 1988 (NAVD 88).
c) Conduct utility locates prior to beginning survey using a private utility locate service as well as public
one-call 811. Existing utility basemaps will be reviewed prior to survey and will be provided to the
private utility locate service, if available.
d) Conduct a survey of the project area for use in the development of construction plans. Mapping
features will include:
• On-site features including:
i. Existing fence line within and adjacent to project area
ii. Surface storm drainage features
iii. Pedestrian and vehicle gates in the existing fencing
iv. Visible utilities and utility locate markings
v. The three vehicle gate areas that have been identified for potential re-grading: One-
hundredth (0.01) foot elevation contour resolution for and surrounding drive lane
pavement, up to 25-feet from each side of the vehicle gate.
e) Prepare a survey basemap in AutoCAD Civil 3D. The survey will also incorporate as-built records
provided by the AIRPORT.
f) Conduct an onsite review to verify features on the survey basemap.
Assumptions:
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 3 of 5
a) Underground utilities will be pre-marked using a private Utility Locate Service as well as public one-
call 811.
b) The CONSULTANT survey personnel are not allowed by Washington State Law to enter manholes,
vaults, or other structures defined as confined spaces. Measurements to confined spaces will be made
from the surface.
90% DESIGN
The CONSULTANT will prepare construction plans to approximately the 90% level. The CONSULTANT will
complete the following tasks:
a) Site Conditions Review. The CONSULTANT will conduct a site visit to review existing site conditions
for the preparation of plans.
b) 90% Construction Plans. The CONSULTANT will develop detailed 90% Construction Plans in
accordance with AIRPORT and FAA design standards. An estimated sheet count is included below:
Sheets Description
1 Cover Sheet
1 Notes, Abbreviations, and Legend
1 Survey Control Plan
1 Construction Safety and Phasing Plan Overview
4 Construction Safety and Phasing Plan
1 Construction Safety and Phasing Details
1 Site Preparation / Temporary Erosion & Sediment Control Plan
1 Fencing and Gate Layout Overview
4 Civil Gate Plans
4 Civil Grading Plans
2 Civil Details
4 Electrical Gate Plans
1 Electrical Gate Details
26 TOTAL SHEET COUNT
c) 90% Contract Documents. The CONSULTANT will prepare project contract documents.
Specifications will be developed in accordance with AIRPORT and FAA standards, and will
incorporate AIRPORT provided front end documents (bid proposal, contract information), FAA
Required Federal Contract Provisions, FAA Technical Specifications, and applicable appendices.
d) 90% Engineer’s Estimate. The CONSULTANT will prepare itemized quantity calculations for all
contract bid items. An Engineer’s Estimate of construction costs will be prepared.
e) Preliminary Engineer’s Design Report. The CONSULTANT will prepare a preliminary design report
that summarizes the proposed pavement design criteria, geometric design, electrical design, fence
design, and gate design. This design report will meet the requirements of FAA Northwest Mountain
Region Regional Guidance 620-04.
f) Preliminary Construction Safety and Phasing Plan (CSPP). The CONSULTANT will prepare a
preliminary CSPP in accordance with FAA Advisory Circular 150/5370-2G: Operational Safety on
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 4 of 5
Airports During Construction. This CSPP will submitted to the FAA for review prior to the 90%
submittal.
g) OE/AAA Case Preparation and Submission. The CONSULTANT will prepare and submit three
separate FAA 7460’s (OE/AAA cases) as follows:
i. Permanent constructed features (fence and gates)
ii. Temporary construction impacts, including proposed stockpiles, haul routes, and temporary
construction areas within the Air Operations Area (AOA)
iii. CSPP for Airspace Review
Assumptions:
b) The AIRPORT will provide contact information for all franchise utility companies located within the
project limits. CONSULTANT will call 811 for locates and provide private locates as needed
c) The CONSULTANT will upload the CSPP to the FAA online OE/AAA portal
d) SEPA: The City of Arlington, as a SEPA Lead Agency, has determined that a SEPA checklist is not
required.
e) NEPA: This project is categorically excluded pursuant to FAA Order 1050.1F, paragraphs 5-6.4(h)
with no further information required.
Deliverables:
90% Construction Plans (11” x 17”) Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
90% Contract Documents Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
90% Engineer’s Estimate Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
90% Engineer’s Design Report Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
100% Construction Safety & Phasing Plan Airport:
FAA:
PDF via electronic delivery
Online via OE/AAA Portal
FINAL PS&E SUBMITTAL
The AIRPORT will provide the CONSULTANT with a set of consolidated review comments and “redline”
review comments on the 90% Construction Plans, Contract Documents, and Cost Estimate. The AIRPORT will
provide the review comments prior to the 90% Design Review Meeting.
The CONSULTANT will develop the project design to the final stage, and complete the following:
a) 90% Comments Response. The CONSULTANT will prepare responses to all comments received
from the AIRPORT and FAA at the 90% review.
b) 100% Construction Plans. The CONSULTANT will address AIRPORT comments from the 90%
review, and provide a complete, bid-ready set of Construction Plans.
c) 100% Contract Documents. The CONSULTANT will address AIRPORT comments from the 90%
review, and provide a complete, bid-ready set of Contract Documents.
d) 100% Cost Estimate. The CONSULTANT will address AIRPORT comments from the 90% review and
advance the Cost Estimate to the 100% complete stage.
e) Final Engineer’s Design Report. The CONSULTANT will incorporate Airport and FAA comments,
and prepare the final design report.
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 5 of 5
The CONSULTANT will provide paper copies of the final Plans, Contract Documents, Cost Estimate, Engineer’s
Design Report, and Final CSPP to the AIRPORT. The CONSULTANT will upload the plans and specifications to
Builder’s Exchange of Washington, for distribution to Contractors.
Deliverables:
100% Construction Plans (11” x 17”) Airport:
FAA:
Three (3) printed sets & PDF via electronic delivery
PDF via electronic delivery
100% Contract Documents Airport:
FAA:
Three (3) printed sets & PDF via electronic delivery
PDF via electronic delivery
100% Engineer’s Estimate Airport:
FAA:
Three (3) printed sets & PDF via electronic delivery
PDF via electronic delivery
Final Engineer’s Design Report Airport:
FAA:
Three (3) printed sets & PDF via electronic delivery
PDF via electronic delivery
GRANT ASSISTANCE
This project is anticipated to include an FAA grant. The CONSULTANT will provide the AIRPORT with the
following grant assistance:
a) Assist with preparation of FAA Grant Application, including FAA Development Project Schedule.
b) Assist the AIRPORT with general management of FAA grant for this project.
c) Prepare and submit FAA Quarterly Reports and Annual Performance Reports. It is anticipated that up
to four (4) quarterly reports and one (1) annual report will be required.
d) The CONSULTANT will prepare an FAA Final Report and Final Payment Summary and submit to the
AIRPORT and FAA for review and approval.
BIDDING SUPPORT
The CONSULTANT will provide the AIRPORT with bidding support, as follows:
a) Prepare written responses to Contractor questions and post to Builder’s Exchange.
b) Conduct Pre-Bid Meeting at the airport and distribute minutes.
c) Develop up to two (2) addenda, as required during the bidding period.
d) Review apparent low bid for conformance with bidding requirements and perform checks on
contractor license, list of excluded parties from SAM.gov, WA Dept. of Revenue, and WA Dept. of
Labor & Industries status.
e) Prepare a bid tabulation of all bid results and submit to the AIRPORT.
f) Prepare and submit a Recommendation for Award letter to the AIRPORT summarizing the bid results
and including a recommendation for award to the lowest qualified bidder.
Client:Arlington Municipal Airport (AWO)
Project:2026 Fencing Improvements Project - Stage 2 Date:2/17/2026
Phase:01 - Design
LABOR:Darren Wes Trevor Randy Paul Survey Crew Corey Phil/Kevin Sarah Jordan
TASK Senior Senior Engineering Prof. Land 2-Person Survey Electrical Acct.Project
NO.TASK (Scope of Services)Manager IV Manager III Engineer I Tech. VI Surveyor X Survey CrewTechnician V Engineer VI Tech.Assistant I TOTAL LABOR
310.00 284.00 142.00 187.00 240.00 268.00 126.00 226.00 126.00 121.00 HOURS COST
1.1 Project Management 0 28 11 0 0 0 0 0 4 4 47 10,502$
a Scope Development 4 4 8 1,704$
b General Project Management (4 months)16 4 4 24 5,532$
c FAA Predesign Meeting 1 2 3 568$
d 90% Submittal Review Meeting 4 4 8 1,704$
e Additional Coordination Meeting 1 1 2 426$
f Subconsultant Coordination 2 2 568$
1.2 Topographic Survey 0 4 4 0 10 29 20 0 0 0 67 14,396$
a Research & Data Review 4 1 4 9 1,732$
b Establish Temporary Project Control 2 4 6 1,552$
c Private Utility Locates 0 -$
d Field Survey 24 24 6,432$
e Prepare Civil 3D Basemap 4 16 20 2,976$
f Engineer On-Site Review 4 4 8 1,704$
1.3 90% Design 9 37 107 46 6 0 0 28 2 0 235 45,114$
a Site Conditions Review 4 4 8 1,704$
b 90% Construction Plans 4 8 2 14 3,764$
Cover Sheet 1 1 2 471$
Drawing Notes, Abbreviations and Legend 1 1 2 471$
Survey Control Plan 1 2 6 9 2,098$ Construction Safety & Phasing Plan
Overview 1 2 1 4 755$
Construction Safety & Phasing Plan 4 16 8 28 4,904$
Construction Safety & Phasing Details 4 1 5 755$
Site Preparation / TESC Plan 1 1 2 4 800$
Fencing & Gate Layout Plan 1 4 4 9 1,600$
Civil Gate Plans 4 8 2 14 2,646$
Civil Grading Plans 4 24 8 36 6,040$
Civil Details 1 4 8 13 2,348$
Electrical Gate Plans 4 4 4 20 32 6,972$
Electrical Gate Details 2 4 8 14 3,124$
c 90% Contract Documents 1 8 9 1,446$
d 90% Engineer's Estimate 1 6 7 1,162$
e 90% Engineer's Design Report 1 8 9 1,446$
f 100% Construction Safety & Phasing Plan (CSPP)1 8 9 1,446$
g OE/AAA Cases (3)1 6 7 1,162$
1.4 Final PS&E Submittal 1 11 37 6 0 0 0 16 6 0 77 14,182$
a 90% Comment Response 1 2 3 568$
b 100% Construction Plans 6 14 6 16 2 44 8,682$
c 100% Contract Documents 2 12 2 16 2,524$
d 100% Engineer's Estimate 1 4 5 852$
e Final Engineer's Design Report 1 1 4 2 8 1,414$
f Strategic Event Form 1 1 142$
1.5 Grant Assistance 0 6 20 0 0 0 0 0 0 0 26 4,544$
a FAA Grant Application 1 4 5 852$
c Grant Management (FAA)2 2 568$
d FAA Quarterly Reports (4) & Annual Report (1)1 2 3 568$
e FAA Closeout Report & Final Payment Summary 2 14 16 2,556$
1.6 Bidding Support 0 13 22 0 0 0 0 0 0 12 47 8,268$
a Respond to Contractor Questions 2 4 6 1,136$
b Pre-Bid Meeting 4 4 8 1,704$
c Addenda (2)4 8 12 2,272$
d Bid Tabulation & Rec. of Award 2 4 6 1,136$
e Prepare Conformed Contract Documents & Plans 1 2 12 15 2,020$
Labor Subtotal 10 99 201 52 16 29 20 44 12 16 499 97,006$
Expenses
Mileage (Engineer Site Visits - per vehicle)5 Trips @ 100 0.725$ / mile (IRS 2026 Rate)363$
Mileage (Survey)2 Trips @ 100 0.725$ / mile (IRS 2026 Rate)145$
Plotting / Reproductions (Bid Docs)500$
Total Expenses 1,008$
Subconsultants Subconsultant Cost Markup
APS (Utility Locates)1,000$ 0%1,000$
Total Subconsultants 1,000$
TOTAL FEE (Phase 1 - Design)99,014$
Miles / Roundtrip x
Miles / Roundtrip x
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
DOWL PROJECT TEAM
Subconsultant - See Below (APS)
J:\23\15205-00\__Contracting\Scope and Fee\Task 7 - Fencing Improvements Stage 2\EXHIBIT B - DRAFT Fee - AWO Fencing Stage 2.xlsx
AP26.04
PROFESSIONAL SERVICE AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this 2nd day of March, 2026
by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter
referred to as the "CITY" or “OWNER” and, Dowl, LLC hereinafter referred to as the
"CONSULTANT".
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the CONSULTANT represents that the CONSULTANT is qualified and
possesses sufficient skills and the necessary capabilities, including technical and professional
expertise, where required, to perform the services and/or tasks set forth in this Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services.
The CONSULTANT shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof,
as are identified and designated as CONSULTANT responsibilities throughout this
Agreement and as detailed in Exhibit A, attached hereto and incorporated herein (the
"Project"). CITY has relied upon the qualifications of CONSULTANT in entering into
this Agreement. By execution of this Agreement, CONSULTANT represents it
possesses the ability, skill and resources necessary to perform the work and is familiar
with all applicable current laws, rules and regulations which reasonably relate to the
Scope of Services detailed in Exhibit “A” hereto. CONSULTANT shall exercise the
degree of skill and diligence normally employed by professional consultants engaged
in the same profession, and performing the same or similar services at the time such
services are performed. CONSULTANT will be responsible for the technical accuracy
of its services and documents resulting therefrom, and CITY shall not be responsible
for discovering deficiencies therein. CONSULTANT agrees to correct any deficiencies
discovered without additional compensation, except to the extent such deficiencies
are directly attributable to deficiencies or omissions in City-furnished information.
AP26.04
PROFESSIONAL SERVICE AGREEMENT 2
2. Term.
The contract shall be completed by July 31st, 2026, unless sooner terminated
according to the provisions herein.
3. Compensation and Method of Payment.
3.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved
in writing by the CITY.
3.2 No payment shall be made for any service rendered by the CONSULTANT except
for services identified and set forth in this Agreement.
3.3 The CITY shall pay the CONSULTANT for work performed under this Agreement
as follows: CONSULTANT shall submit monthly invoices detailing work performed
and expenses for which reimbursement is sought. CITY shall approve all invoices
before payment is issued. Payment shall occur within thirty (30) days of receipt
and approval of an invoice.
3.4 CITY shall pay CONSULTANT for such services: (check one)
Hourly: $ __________ per hour, plus actual expenses, but not
to exceed a total of $___________ without an amendment to
the contract.
Fixed Sum: A total amount of $XXXXXXX in accordance with the
fee schedule contained in Exhibit B for all work performed and
expenses incurred under this contract.
Other: An hourly fee plus reimbursement of expenses per the
scope of work attached as Exhibit A, but not to exceed $99,014 for
all work performed and expenses incurred under this contract.
4. Reports and Inspections.
4.1 The CONSULTANT at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The CONSULTANT shall at any time during normal business hours and as often as
the CITY or State Auditor may deem necessary, make available for examination
all of its records and data with respect to all matters covered, directly or
indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the CONSULTANT'S activities. The CITY may, at
its discretion, conduct an audit at its expense, using its own or outside auditors,
AP26.04
PROFESSIONAL SERVICE AGREEMENT 3
of the CONSULTANT'S activities which relate, directly or indirectly, to this
Agreement.
5. Independent Contractor Relationship.
5.1 The parties intend that an independent CONSULTANT/CITY relationship will be
created by this Agreement. The CITY is interested primarily in the results to be
achieved; subject to paragraphs herein, the implementation of services will lie
solely with the discretion of the CONSULTANT. No agent, employee, servant or
representative of the CONSULTANT shall be deemed to be an employee, agent,
servant or representative of the CITY for any purpose, and the employees of the
CONSULTANT are not entitled to any of the benefits the CITY provides for its
employees. The CONSULTANT will be solely and entirely responsible for its acts
and for the acts of its agents, employees, servants, subcontractors or
representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the CONSULTANT is an
independent contractor with the authority to control and direct the performance
of the details of the work, however, the results of the work contemplated herein
must meet the approval of the CITY and shall be subject to the CITY'S general
rights of inspection and review to secure the satisfactory completion thereof.
6. CONSULTANT Employees/agents
The CITY may at its sole discretion require the CONSULTANT to remove any employee,
agent or servant from employment on this Project. The CONSULTANT may however
employ that (those) individual(s) on other non-CITY related projects.
7. Hold Harmless/Indemnification.
7.1 CONSULTANT shall indemnify and hold the CITY, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or resulting from the negligent acts,
errors or omissions of the CONSULTANT in performance of this Agreement,
except for injuries and damages caused by the negligence of the CITY.
In the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of
the CONSULTANT and the CITY, its officers, officials, employees, and volunteers,
the CONSULTANT's liability, including the duty and cost to defend, hereunder
shall be only to the extent of the CONSULTANT's negligence. It is further
specifically and expressly understood that the indemnification provided herein
constitutes the CONSULTANT's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall
AP26.04
PROFESSIONAL SERVICE AGREEMENT 4
survive the expiration or termination of this Agreement, though no
indemnification claim shall lie after any applicable underlying limitation of
action(s) has run.
8. Insurance. The CONSULANT shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder by
the CONSULTANT, its agents, representatives, or employees.
8.1 Insurance Term. The CONSULTANT shall procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, its agents,
representatives, or employees.
8.2 No Limitation. The CONSULTANT’s maintenance of insurance as required by
the Agreement shall not be construed to limit the liability of the CONSULTANT to
the coverage provided by such insurance, or otherwise limit the CITY’s recourse
to any remedy available at law or in equity.
8.3 Minimum Scope of Insurance. The CONSULTANT shall obtain insurance of
the types and coverage described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be as least as broad as Insurance Services
Office (ISO) form CA 00 01.
b. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The CITY shall be named as an additional insured under
the CONSULTANT’s Commercial General Liability insurance policy with
respect to the work performed for the CITY using an additional insured
endorsement at least as broad as ISO CG 20 26.
c. Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the CONSULTANT’s profession.
8.4 Minimum Amounts of Insurance. The CONSULTANT shall maintain the
following insurance limits:
AP26.04
PROFESSIONAL SERVICE AGREEMENT 5
a. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
c. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
8.5 Other Insurance Provision. The CONSULTANT’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to
contain that they shall be primary insurance as respect the CITY. Any insurance,
self-insurance, or self-insured pool coverage maintained by the CITY shall be
excess of the CONSULTANT’s insurance and shall not contribute with it.
8.6 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:V.
8.7 Verification of Coverage. The CONSULTANT shall furnish the CITY with
original certificates and a copy of the amendatory endorsements, including but
not necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the CONSULTANT before commencement of the
work.
8.8 Notice of Cancellation. The CONSULTANT shall provide the CITY with written
notice of any policy cancellation within two business days of their receipt of such
notice.
8.9 Failure to Maintain Insurance. Failure on the part of the CONSULTANT to
maintain the insurance as required shall constitute a material breach of contract,
upon which the CITY may, after giving five business days’ notice to the
CONSULTANT to correct the breach, immediately terminate the contract or, at its
discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the CITY on
demand, or at the sole discretion of the CITY, offset against funds due the
CONSULTANT from the CITY.
8.10 CITY Full Availability of CONSULTANT Limits. If the CONSULTANT maintains
higher insurance limits than the minimums shown above, the CITY shall be
insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the CONSULTANT, irrespective of whether such
AP26.04
PROFESSIONAL SERVICE AGREEMENT 6
limits maintained by the CONSULTANT are greater than those required by this
contract or whether any certificate of insurance furnished to the CITY evidences
limits of liability lower than those maintained by the CONSULTANT.
9. Treatment of Assets. Title to all property furnished by the CITY shall remain in the name
of the CITY and the CITY shall become the owner of the work product and other
documents, if any, prepared by the CONSULTANT pursuant to this Agreement.
10. Compliance with Law/FAA Requirements.
10.1 The CONSULTANT, in the performance of this Agreement, shall comply with all
applicable federal, state or local laws and ordinances, including regulations for
licensing, certification and operation of facilities, programs and accreditation,
and licensing of individuals, and any other standards or criteria as described in
this Agreement to assure quality of services.
10.2 The CONSULTANT specifically agrees to pay any applicable business and
occupation (B & O) taxes which may be due on account of this Agreement.
10.3 Access to Records and Reports. The CONSULTANT must maintain an acceptable
cost accounting system. The CONSULTANT agrees to provide the sponsor, the
Federal Aviation Administration, and the Comptroller General of the United
States oir duly authorized representatives, access to any books, documents,
papers, and records of the CONSULTANT which are directly pertinent to the
specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The CONSULTANT agrees to maintain all books, records and
reports required under this contract for a period of not less than three years
after final payment is made and all pending matters are closed.
10.4 General Civil Rights Provisions. The CONSULTANT agrees to comply with
pertinent statutes, Executive Orders and such rules as are promulgated to ensure
that no person shall, on the grounds of race, creed, color, national origin, sex,
age, or disability be excluded from participating in any activity conducted with or
benefiting from Federal assistance. This provision binds the CONSULTANT and
subtier contractors from the bid solicitation period through the completion of
the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.
10.5 Title VI Solicitation Notice: The CITY, in accordance with the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and
the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds
of race, color, or national origin in consideration for an award.
AP26.04
PROFESSIONAL SERVICE AGREEMENT 7
10.6 Compliance with Nondiscrimination Requirements. During the performance of
this contract, the CONSULTANT, for itself, its assignees, and successors in interest
(hereinafter referred to as the “CONSULTANT”) agrees as follows:
a. Compliance with Regulations: The CONSULTANT will comply with the
Title VI List of Pertinent Nondiscrimination Acts And Authorities, as
they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
b. Non-discrimination: The CONSULTANT, with regard to the work
performed by it during the contract, will not discriminate on the
grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONSULTANT will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination
Acts and Authorities, including employment practices when the
contract covers any activity, project, or program set forth in Appendix
B of 49 CFR part 21.
c. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations, either by competitive bidding, or
negotiation made by the CONSULTANT for work to be performed
under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be
notified by the CONSULTANT of the CONSULTANT’s obligations under
this contract and the Nondiscrimination Acts And Authorities on the
grounds of race, color, or national origin.
d. Information and Reports: The CONSULTANT will provide all
information and reports required by the Acts, the Regulations, and
directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as
may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts And Authorities and instructions. Where any
information required of a CONSULTANT is in the exclusive possession
of another who fails or refuses to furnish the information, the
CONSULTANT will so certify to the sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
e. Sanctions for Noncompliance: In the event of a CONSULTANT’s
noncompliance with the Nondiscrimination provisions of this
contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate,
including, but not limited to:
AP26.04
PROFESSIONAL SERVICE AGREEMENT 8
1. Withholding payments to the CONSULTANT under the
contract until the CONSULTANT complies; and/or
2. Cancelling, terminating, or suspending a contract, in whole or
in part.
f. Incorporation of Provisions: The CONSULTANT will include the
provisions of paragraphs one through six in every subcontract,
including procurements of materials and leases of equipment,
Required Contact Provisions Issued on January 29, 2016 Page 19 AIP
Grants and Obligated Sponsors Airports (ARP) unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The
CONSULTANT will take action with respect to any subcontract or
procurement as the sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the CONSULTANT
becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the
CONSULTANT may request the sponsor to enter into any litigation to
protect the interests of the sponsor. In addition, the CONSULTANT
may request the United States to enter into the litigation to protect
the interests of the United States.
10.7 Applicable Nondiscrimination Statutes. During the performance of this contract,
the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter
referred to as the “CONSULTANT”) agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights
Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR
part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex);
AP26.04
PROFESSIONAL SERVICE AGREEMENT 9
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The
Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act
of 1973, by expanding the definition of the terms “programs or activities”
to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189)
as implemented by Department of Transportation regulations at 49 CFR
parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national
origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits
you from discriminating because of sex in education programs or
activities (20 U.S.C. 1681 et seq).
10.8 Texting While Driving. In accordance with Executive Order 13513, "Federal
Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order
3902.10 “Text Messaging While Driving” (12/30/2009), the FAA encourages recipients of
Federal grant funds to adopt and enforce safety policies that decrease crashes
by distracted drivers, including policies to ban text messaging while driving when
performing work related to a grant or sub-grant.
In support of this initiative, the Owner encourages the CONSULTANT to promote policies
and initiatives for its employees and other work personnel that decrease crashes by
distracted drivers, including policies that ban text messaging while driving motor
vehicles while performing work activities associated with the project. The CONSULTANT
AP26.04
PROFESSIONAL SERVICE AGREEMENT 10
must include the substance of this clause in all sub-tier contracts exceeding $3,500 and
involve driving a motor vehicle in performance of work activities associated with the
project.
10.9 Energy Conservation Requirements. CONSULTANT and its subcontractors agree
to comply with mandatory standards and policies relating to energy efficiency as
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201et seq).
10.10 Federal Fair Labor Standards Act. All contracts and subcontracts that result from
this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal
Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text.
The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards
for full and part time workers. The CONSULTANT has full responsibility to monitor
compliance to the referenced statute or regulation. The CONSULTANT must address any
claims or disputes that arise from this requirement directly with the U.S. Department of
Labor – Wage and Hour Division.
10.11 Occupational Safety and Health Act of 1970. All contracts and subcontracts that
result from this solicitation incorporate by reference the requirements of 29 CFR Part
1910 with the same force and effect as if given in full text. CONSULTANT must provide a
work environment that is free from recognized hazards that may cause death or serious
physical harm to the employee. The CONSULTANT retains full responsibility to monitor
its compliance and their subcontractor’s compliance with the applicable requirements
of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). CONSULTANT
must address any claims or disputes that pertain to a referenced requirement directly
with the U.S. Department of Labor – Occupational Safety and Health Administration.
10.12 Trade Restriction Certification. By submission of an offer, the CONSULTANT
certifies that with respect to this solicitation and any resultant contract, the
CONSULTANT -
a. is not owned or controlled by one or more citizens of a foreign country
included in the list of countries that discriminate against U.S. firms as published
by the Office of the United States Trade Representative (U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project
with a person that is a citizen or national of a foreign country included on the list
of countries that discriminate against U.S. firms as published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the
Federal on the project that is produced in a foreign country included on the list
of countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
AP26.04
PROFESSIONAL SERVICE AGREEMENT 11
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
The CONSULTANT must provide immediate written notice to the Owner if the
CONSULTANT learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The
CONSULTANT must require subcontractors provide immediate written notice to the
CONSULTANT if at any time it learns that its certification was erroneous by reason of
changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a CONSULTANT or
subcontractor:
(1) who is owned or controlled by one or more citizens or nationals of a foreign
country included on the list of countries that discriminate against U.S. firms
published by the U.S.T.R. or
(2) whose subcontractors are owned or controlled by one or more citizens or
nationals of a foreign country on such U.S.T.R. list or
(3) who incorporates in the public works project any product of a foreign country
on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of CONSULTANT is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of business
dealings.
The CONSULTANT agrees that it will incorporate this provision for certification without
modification in in all lower tier subcontracts. The CONSULTANT may rely on the
certification of a prospective subcontractor that it is not a firm from a foreign country
included on the list of countries that discriminate against U.S. firms as published by
U.S.T.R, unless the CONSULTANT has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed
when making an award. If it is later determined that the CONSULTANT or subcontractor
knowingly rendered an erroneous certification, the Federal Aviation Administration may
direct through the Owner cancellation of the contract or subcontract for default at no
cost to the Owner or the FAA.
10.13 Veteran’s Preference. In the employment of labor (excluding executive,
administrative, and supervisory positions), the CONSULTANT and all sub-tier contractors
must give preference to covered veterans as defined within Title 49 United States Code
Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as
AP26.04
PROFESSIONAL SERVICE AGREEMENT 12
defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference
only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
10.14 Certification Regarding Lobbying. The CONSULTANT certifies by signing and
submitting this agreement, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,”
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10.15 Clean Air and Water Pollution Control. CONSULTANT agrees to comply with all
applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42
U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§ 1251-1387). The CONSULTANT agrees to report any violation to the Owner
immediately upon discovery. The Owner assumes responsibility for notifying the
Environmental Protection Agency (EPA) and the Federal Aviation Administration.
CONSULTANT must include this requirement in all subcontracts that exceeds $150,000.
AP26.04
PROFESSIONAL SERVICE AGREEMENT 13
10.16 Certification of CONSULTANT regarding Debarment. The CONSULTANT certifies
that neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this transaction.
10.17 Certification of CONSULTANT regarding Tax Delinquency and Felony Convictions
1) CONSULTANT represents that it is not a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
2) The CONSULTANT represents that it is not a corporation that was
convicted of a criminal violation under any Federal law within the preceding 24 months.
10.18 Disadvantaged Business Enterprises Provisions. CONSULTANT shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this
contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in
the award and administration of Department of Transportation-assisted contracts.
Failure by the Contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as
the Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
10.19 Compliance with Applicable Federal Laws and Regulations.
Contractor agrees to comply with all other applicable federal laws and regulations governing the
provision of professional services on federally funded projects, including but not limited to the Federal
Acquisition Regulation (FAR), 48 CFR , Competition in Contracting Act (CICA), Brooks Act, Federal
Acquisition Streamlining Act (FASA), Service Contract Act (SCA), Anti-Kickback Act, False Claims Act
(FCA), and any agency-specific regulations applicable to the project. Contractor further agrees to adhere
to ethical standards and guidelines set forth by the contracting agency and to refrain from engaging in
any conduct that would violate federal law or compromise the integrity of the procurement process.
Contractor acknowledges that failure to comply with these requirements may result in termination of
the contract and/or other remedies available to the contracting agency, including but not limited to
suspension or debarment from future government contracts.
11. Breach of Contract. Any violation or breach of terms of this contract on the part
of the contractor or its subcontractors may result in the suspension or termination of this
contract or such other action that may be necessary to enforce the rights of the parties of this
agreement.
AP26.04
PROFESSIONAL SERVICE AGREEMENT 14
Owner will provide CONSULTANT written notice that describes the nature of the breach
and corrective actions the CONSULTANT must undertake in order to avoid termination of the
contract. Owner reserves the right to withhold payments to CONSULTANT until such time the
CONSULTANT corrects the breach or the Owner elects to terminate the contract. The Owner’s
notice will identify a specific date by which the CONSULTANT must correct the breach. Owner
may proceed with termination of the contract if the CONSULTANT fails to correct the breach by
deadline indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
12. Assignment/subcontracting.
12.1 The CONSULTANT shall not assign its performance under this Agreement or any
portion of this Agreement without the written consent of the
CITY, and it is further agreed that said consent must be sought in writing by the
CONSULTANT not less than thirty (30) days prior to the date of any proposed
assignment. The CITY reserves the right to reject without cause any such
assignment.
12.2 Any work or services assigned hereunder shall be subject to each provision of
this Agreement and proper bidding procedures where applicable as set forth in
local, state and/or federal statutes, ordinances and guidelines.
12.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
13. Changes.
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
14. Maintenance and Inspection of Records.
14.1 The CONSULTANT shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable
times to inspection, review, or audit, by the CITY, its authorized representative,
the State Auditor, or other governmental officials authorized by law to monitor
this Agreement.
AP26.04
PROFESSIONAL SERVICE AGREEMENT 15
14.2 The CONSULTANT shall retain all books, records, documents and other material
relevant to this agreement, for six (6) years after its expiration. The
CONSULTANT agrees that the CITY or its designee shall have full access
and right to examine any of said materials at all reasonable times during said
period.
15. Other Provisions.
If changes in state law necessitate that services hereunder be expanded, the parties shall
negotiate an appropriate amendment. If after thirty (30) days of negotiation, agreement can
not be reached, this Agreement may be terminated by the CITY no sooner than sixty (60) days
thereafter.
16. Termination.
16.1 Termination for Convenience.
a. The Owner may, by written notice to the CONSULTANT, terminate
this Agreement for its convenience and without cause or default on
the part of CONSULTANT. Upon receipt of the notice of termination,
except as explicitly directed by the Owner, the Contractor must
immediately discontinue all services affected.
b. Upon termination of the Agreement, the CONSULTANT must deliver
to the Owner all data, surveys, models, drawings, specifications,
reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this
contract, whether complete or partially complete.
c. Owner agrees to make just and equitable compensation to the
CONSULTANT for satisfactory work completed up through the date
the CONSULTANT receives the termination notice. Compensation will
not include anticipated profit on non-performed services.
d. Owner further agrees to hold CONSULTANT harmless for errors or
omissions in documents that are incomplete as a result of the
termination action under this clause.
16.2 Termination for Cause. Either party may terminate this Agreement for
cause if the other party fails to fulfill its obligations that are essential to the
completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an
opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written
notice of its intent to terminate the Agreement. The notice must specify the
nature and extent of the breach, the conditions necessary to cure the breach,
and the effective date of the termination action. The rights and remedies in this
AP26.04
PROFESSIONAL SERVICE AGREEMENT 16
clause are in addition to any other rights and remedies provided by law or under
this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or
in part, for the failure of the CONSULTANT to:
1. Perform the services within the time specified in this contract or by
Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance
of the Project;
3. Fulfill the obligations of the Agreement that are essential to the
completion of the Project.
Upon receipt of the notice of termination, the CONSULTANT must immediately
discontinue all services affected unless the notice directs otherwise. Upon
termination of the Agreement, the CONSULTANT must deliver to the Owner all
data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the
Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the CONSULTANT for
satisfactory work completed up through the date the CONSULTANT receives the
termination notice. Compensation will not include anticipated profit on non-
performed services.
Owner further agrees to hold CONSULTANT harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
If, after finalization of the termination action, the Owner determines the
CONSULTANT was not in default of the Agreement, the rights and obligations of
the parties shall be the same as if the Owner issued the termination for the
convenience of the Owner.
b) Termination by CONSULTANT: The CONSULTANT may terminate this
Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the CONSULTANT in accordance with the
terms of this Agreement;
3. Suspends the Project for more than 180 days due to reasons beyond
the control of the CONSULTANT.
Upon receipt of a notice of termination from the CONSULTANT, Owner agrees to
cooperate with CONSULTANT for the purpose of terminating the agreement or
AP26.04
PROFESSIONAL SERVICE AGREEMENT 17
portion thereof, by mutual consent. If Owner and CONSULTANT cannot reach
mutual agreement on the termination settlement, the CONSULTANT may,
without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owner’s breach of the
contract.
In the event of termination due to Owner breach, the Engineer is entitled to
invoice Owner and to receive full payment for all services performed or furnished
in accordance with this Agreement and all justified reimbursable expenses
incurred by the CONSULTANT through the effective date of termination action.
Owner agrees to hold CONSULTANT harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
17. Notice.
Notice provided for in this Agreement shall be sent by certified mail to the addresses
designated for the parties on the last page of this Agreement.
18. Attorneys Fees and Costs.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
19. Jurisdiction and Venue.
19.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both
as to interpretation and performance.
19.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts of competent jurisdiction in Snohomish County, Washington.
20. Severability.
20.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
20.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
AP26.04
PROFESSIONAL SERVICE AGREEMENT 18
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory
provisions.
21. Entire Agreement.
The parties agree that this Agreement is the complete expression of the terms hereto and any
oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause
for termination. Both parties recognize time is of the essence in the performance of the
provisions of this Agreement. It is also agreed by the parties that the forgiveness of the
nonperformance of any provision of this Agreement does not constitute a waiver of the
provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day
and year first hereinabove written.
CITY OF ARLINGTON CONSULTANT:
Dowl, LLC
______________________________ ____________________________
Don E. Vanney, Mayor
Attest:
________________________________
Wendy Van Der Meersche, City Clerk
City of Arlington Council Agenda Bill
Item: CA #5 Attachment F
March 2, 2026
Taxiway Alpha Improvements Project – Construction Administration Amendment
Scope of Work, Fee Estimate, and Amendment
Airport; Lorene Robinson, Airport Operations Coordinator 360-403-3472 EXPENDITURES REQUESTED: $78,048 BUDGET CATEGORY: CIP Fund BUDGETED AMOUNT: LEGAL REVIEW:
involved design, construction, and construction administration services. Project work consisted of a mill and overlay of Taxiway Alpha and reconstruction of Taxiway Connectors A1 and A4 in accordance with FAA standards. The project was determined substantially complete on September 24, 2025. Airport staff are returning to Council to request an amendment to the construction administration contract with DOWL for this project. This amendment includes additional construction administration services to support relocation of the Taxiway A1 holding position per tenant and FAA recommendations as well as additional services to include rectifying costs for additional quality assurance for geotechnical testing completed during construction. The FAA has indicated the additional costs are eligible for 90%
with DOWL at their July 1, 2024 meeting.
construction administration services with DOWL in the amount of $78,048, increasing the contract total
Page 1 of 3
TASK ORDER #5
EXHIBIT A-1: SCOPE OF WORK
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 2: Construction Administration
Amendment No. 2 – Additional CA Services
This project will be completed under the Professional Services Agreement between the City of Arlington and
DOWL, LLC, dated October, 7, 2024.
Project Description
This Amendment #2 includes construction administration services to support relocation of the Taxiway A1
holding position sign, base, and paint marking as described below. Additional services include rectifying costs
for additional quality assurance geotechnical testing completed during construction as described below.
Taxiway A1 Holding Position Revision (AIP Eligible):
The work to be performed under this amendment includes paint marking removal, lighted sign removal and
relocation, new lighted sign foundation and pad construction, new holding position marking application, new
trenching/cable/conduit for relocated holding position sign, and seeding of all d isturbed areas. A
DOWL (CONSULTANT) and The City of Arlington – Arlington Municipal Airport (AIRPORT) have prepared the
following scope of work to complete wok associated with this amendment.
Additional Geotechnical QA Testing (AIP Eligible):
The CONSULTANT completed additional QA geotechnical laboratory and field testing during construction to
confirm QC test results and achieve satisfactory QA test results to meet FAA technical specifications.
Subsurface soils encountered during construction varied significantly from design geotechnical test results
that required additional laboratory and field testing. Additionally, QC testing by the contractor was
inconsistent with technical specification requirements at times. This required more thorough QA testing and
verification to ensure soil and aggregates met compaction requirements prior to additional material being
placed. Ultimately, all QA testing was completed per FAA technical specification requirements at the
prescribed intervals with passing results. Additional information will be included in the final closeout report.
DOWL (CONSULTANT) and The City of Arlington – Arlington Municipal Airport (AIRPORT) have prepared the
following amendment #2 scope of work.
Page 2 of 3
PHASE 2 CONSTRUCTION ADMINISTRATION
2.1 PROJECT MANAGEMENT
The CONSULTANT will provide additional project management and administration and liaison with the
AIRPORT and FAA, and prepare monthly invoices with monthly progress reports. It is assumed that up to one
(1) additional invoice will be required.
2.5 CONSTRUCTION ADMINISTRATION
Provide additional construction administration services for ten (10) additional working days for work
associated with Taxiway A1 holding position revision to include:
a) Preparation of one (1) additional contractor progress payment requests.
b) Preparation of one (1) construction change orders for the Taxiway A1 holding position revision
c) Review all weekly certified payrolls (prime and subcontractors) for the ten additional working days
of contract time to be added via change order. Review of up to three (e) weekly certified payrolls
d) Prepare weekly meeting agenda and minutes (2 meetings estimated). Construction Manager will
attend weekly construction meetings onsite and will remain on site up to 8 hours each week to
monitor work and coordinate with the AIRPORT.
e) Provide Inspector Daily Reports (IDRs) for additional working days associated with Taxiway A1
holding position revision. (10 reports estimated).
f) Prepare additional FAA weekly reports with progress photos for every week the Contractor is
working at the airport (2 additional reports).
g) Prepare Field Note Records (FNR) to support progress payments for work associated with Taxiway
A1 holding position revision.
h) Prepare one additional project communications flyer to notify tenants of the Taxiway A1 work.
2.6 RPR/INSPECTION
The CONSULTANT will provide additional full-time onsite Resident Project Representative (RPR)/inspector
for Taxiway A1 holding position revision (10-hour days, 10 working days). RPR will perform the same duties
as for the original scope of work. Change order work I assumed to last two weeks, or ten (10) additional
working days.
2.7 ACCEPTANCE TESTING
The CONSULTANT will provide additional QA laboratory and field testing by HWA GeoSciences (HWA) for
Subgrade (P-152), Crushed Aggregate Base Course (P-209), and Concrete (P-610) above and beyond the
originally contracted work as follows:
• Conduct oversize rock correction for several samples of native subgrade material s (P-152) on
Taxiways A, A1, and A4. The presence of large rock in areas of subgrade material exceeded allowable
specification tolerances and resulted in inconsistent and inaccurate densities from field nuclear
gauges. HWA QA took samples under nuclear gauge field test locations and conducted lab testing to
establish a correction for field data. This required additional onsite testing and laboratory testing by
HWA representatives.
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements
Phase 2: Construction Administration – Amendment #2 Additional CA Services
Page 3 of 3
• Conduct additional field density testing after removal of organics in native subgrade (P-152) where
encountered on Taxiways A, A1, and A4. This included additional onsite testing by an HWA
representative.
• Conduct additional QA field sampling, testing, and laboratory testing to confirm QC laboratory test
results on native subgrade (P-152) to provide a sound bases for acceptance testing. QC laboratory
proctor densities were inconsistent with QA results, and reported QC field densities were
inconsistent with QA densities. These inadequate and inconsistent QC results necessitated additional
QA efforts by HWA lab and field personnel to obtain required samples, tests, and results to meet
specifications.
• Concrete work was constructed with many small loads over many days that requiring additional
HWA field personnel time for field testing and laboratory time for compressive testing.
• The Crushed Aggregate Base Course (P-209) delivered on site varied in gradation greatly between
Taxiways A1 and A4. Additional HWA field and laboratory testing was required to obtain
representative data and achieve passing test results.
DELIVERABLES
The following documents, exhibits, or other presentations for work covered by this amendment will be
furnished by the CONSULTANT to the AIRPORT upon the completion of the various phases of the work :
Change Order (Twy A1 Holding Position Revision) PDF via email
Tenant Notification Graphics (1 total) PDF via email
ADDITIONAL FEE
DOWL will complete the work under this amendment for an additional fee of $78,048. A detailed fee estimate
is included as Exhibit B-1, and a breakdown of contract costs is included below.
Original Task Order #5 Amount: $388,514.00
Amendment #1 – Project Communications Amount $9,450.00
Amendment #2 – Additional CA Services Amount (this amendment): $78,048.00
Total Revised Task Order No. 5 Amount: $476,012.00
Client:Arlington Municipal Airport (AWO)
Project:Taxiway A Improvements Project Date:2/6/2026
Phase:02 - Construction Administration
Amendment #2 - Additional CA Services
LABOR:Wes Megan Maeve Randy Clayton Lisa O.Jordan Sarah H
TASK Senior Project Transpo.Engineering Project Comm.Project Accounting
NO.TASK (Scope of Services)Manager III Manager IV Designer II Tech. VI Manager Assistant I Spec. Lead TOTAL LABOR
284.00 215.00 142.00 187.00 147.00 210.00 121.00 126.00 HOURS COST
2.1 Project Management 20 5 4 0 0 0 4 2 35 8,059$
a Project Management 16 4 4 2 26 6,140$
b FAA/Airport Coordination 4 1 4 9 1,919$
2.5 Construction Administration 32 28 88 0 8 2 1 2 161 29,573$
a Contractor Progress Pay Request (1)2 8 2 12 1,956$
b Preparation of Change Orders (1) - Twy A1 Hold 8 8 40 56 9,672$
c Certified Payroll Review (2)1 4 8 13 2,280$
d Weekly Construction Meeting & Site Review 16 8 24 6,264$
e Daily Reports (10)1 2 10 13 2,134$
f Prepare FAA Weekly Reports (2)1 2 4 7 1,282$
g Prepare FNRs to support Progress Payments 2 4 16 22 3,700$
h Project Communications 1 2 8 2 1 14 2,285$
2.6 RPR & Inspection 0 0 100 0 0 0 0 2 102 14,452$
a Full-Time Inspector (10, 10-hour days)100 2 102 14,452$
2.7 Acceptance Testing 2 0 4 0 0 0 2 0 8 1,378$
a PM Subconsultant Coordination/Management 2 4 2 8 1,378$
b Acceptance Testing 0 -$
Labor Subtotal 54 33 196 0 8 2 7 6 306 53,462$
Expenses
Mileage (RPR Daily Travel, Site Visits)12 Trips @ 100 Miles / R.T.$0.725 (IRS Mileage Rate)870$
Total Expenses 870$
Subconsultants Markup Amount Total
HWA GeoScienses (Additional QA Testing)0%23,716$ 23,716$
Total Subconsultants 23,716$
TOTAL FEE (Phase 2 - Construction Administration) - Amendment #2 78,048$
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
DOWL PROJECT TEAM
Mrk. Coord./
Graphics
Subconsultant (HWA GeoSciences) - See Below
\\dowl.com\j\Projects\72\15001-11\10PM\Scope and Fee\Amendment #2 - Additional CA\EXHIBIT B-1 - Fee Estimate - AWO Taxiway A CA_Add 2.xlsx
CONTRACT AMENDMENT
Service Provider:
Name, Title Signature
City of Arlington:
Name, Title Signature
Contract Name
Project No
This amendment extends all of the terms of the existing Agreement, including the existing
Scope of Work, with the exception of the new additional amendments:
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
on ________________.
City of Arlington Council Agenda Bill CA #6 Attachment
March 2, 2026 Authorization to apply for Recreation and Conservation Office (RCO) Youth Athletic Field Grant None. Maintenance and Operations, Josh Grindy, Manager EXPENDITURES REQUESTED: $75,000 BUDGET CATEGORY: Athletic Fields BUDGETED AMOUNT: $75,000 LEGAL REVIEW: DESCRIPTION: and Conservation Office for field lights for the Quake Park multi-use field.
Quake Park’s multi-use field had wooden light poles that were removed 9 years ago, due to age and condition. Currently, this field does not have any evening lighting which limits the hours of play in fall, winter, and spring. The proposed project is quoted under state bid pricing from Musco lighting company for $300,000. If the State grant is approved, the City will need to provide 25% matching funds of $75,000. Currently, the City’s athletic field has $171,437.02 available for athletic field improvements.
Do not authorize application for the Youth Athletic Facility grant.
I move to authorize staff to submit a grant application to the Washington State Recreation and Conservation Office for the Quake Park multi-use field lighting project.
City of Arlington Council Agenda Bill NB #1 Attachment
March 2, 2026 Contract for Indigent Defense Services with Feldman & Lee, P.S.
Contract
Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: $600,000 BUDGET CATEGORY: BUDGETED AMOUNT: $600,000 LEGAL REVIEW: DESCRIPTION: this Agreement shall be from January 1, 2026 through December 31, 2026, unless sooner terminated as provided in the Agreement, subject to the right of extension referenced in paragraph 2 of the agreement.
The City of Arlington provides indigent defense services to individuals who have been certified for representation in criminal charges before the Snohomish County District Court. Feldman & Lee, P.S., is a licensed law firm with attorneys in good standing in the state of Washington who have been selected to perform services to indigent defense clients under contract with the City. The City has adopted standards for public defense pursuant to the requirements of RCW 10.101.030, under Resolution No. 2014-017. The City and Attorney have entered into this Agreement in consideration of the mutual benefits. ALTERNATIVES:
Mayor to sign the contract.
1 CONTRACT FOR SERVICES
CONTRACT FOR INDIGENT DEFENSE SERVICES
WHEREAS, the City of Arlington, Washington (hereinafter "City") provides indigent
defense services to individuals who have been certified for representation in criminal
charges before the Snohomish County District Court, Cascade Division (hereinafter
"Municipal Court" or “Court”); and
WHEREAS, Feldman & Lee, P.S., (hereinafter "Attorney") is a licensed attorney in good
standing in the state of Washington who has been selected to perform services to indigent
defense clients under contract with the City; and
WHEREAS, the City has adopted standards for public defense pursuant to the
requirements of RCW 10.101.030, under Resolution No. 2014-017;
now, therefore,
The City and Attorney have entered into this Agreement in consideration of the mutual
benefits to be derived and the mutual promises contained herein:
1.Scope of Services, Standards and Warranty; Definition.
1.1 The Attorney will provide indigent defense services in accordance with
the standards adopted by the City in Resolution No. 2014- 017, as the same exists
or is hereafter amended. The Attorney warrants that he/she, and every attorney
and/or intern employed by the Attorney to perform services under this Contract, has
read and is fully familiar with the provisions of the Washington Supreme Court rule
and the standards adopted by the City pursuant to Resolution No. 2014-017,
(hereinafter "Standards"). Compliance with these Standards goes to the essence of
this Agreement.
1.2 The Attorney, and every attorney and/or intern performing services
under this Agreement, shall certify compliance quarterly with the Court. A copy of
each and every such certification shall be provided to the City contemporaneously
with filing with the Court. The Attorney further warrants that his/her proposal,
reflected in Section 2, Compensation, reflects all infrastructure, support,
administrative services and systems necessary to comply with the Standards.
1.3 For purposes of this agreement, the term “Court” shall mean the
Snohomish County District Court, Cascade Division.
2.Compensation. The City shall pay to the Attorney for services rendered
under this Contract the sum of Fifty housand and No/100 Dollars ($50,000) per
month, effective January 1, 2026 through December 31, 2026;
2.1 Case Counts. The above charge is based upon the anticipated
case count for the City of Arlington cases per year, not to exceed six hundred (600)
cases per year. As provided in the Standards, the case counts also include the
2 CONTRACT FOR SERVICES
Attorney's appearance at all arraignment calendars. The terms “case” and “credit” shall
be defined as provided in the Standards. The City has adopted an unweighted case
count.
2.2 Adjustment. As provided in the Standards, case counts may be
revised upwards based upon a variety of factors.
2.3 Base Compensation. Except as expressly provided in Section
2.4, the cost of all infrastructure administrative, support and systems as well as
standard overhead services necessary to comply with the established standards is
included in the base payment provided in Section 2.1 above.
2.4 Payments in Addition to the Base Compensation. The City shall
pay for the following case expenses when reasonably incurred and approved by the
Court from funds available for that purpose:
2.4.1 Discovery. Discovery shall be provided in accordance
with law and court rule by the City Prosecutor. For post-conviction relief cases,
discovery includes the cost to obtain a copy of the defense, prosecuting attorney
making this charge or court files pertaining to the underlying case.
2.4.2 Preauthorized Non-Routine Expenses. Non-routine case
expenses requested by Attorney and preauthorized by order of the Court. Unless
the services are performed by Contractor's staff or subcontractors, non-routine
expenses include, but are not limited to:
(i)medical and psychiatric evaluations;
(ii)expert witness fees and expenses;
(iii)interpreters for languages not commonly spoken in
the City or interpreters for services other than attorney/client communication;
(iv)polygraph, forensic and other scientific tests;
(v)computerized legal research;
(vi)investigation expenses; and
(vii)any other non-routine expenses the Court finds
necessary and proper for the investigation, preparation, and presentation of a case.
2.4.3 Lay Witness Fees. Lay witness fees and mileage incurred in
bringing defense witnesses to court, but not including salary or expenses of law
enforcement officers required to accompany incarcerated witnesses;
2.4.4 Copying Clients' Files. The cost, if it exceeds $25, of
providing one copy of a client's or former client's case file upon client's or client's
appellate, post-conviction relief or habeas corpus attorney's request, or at the
request of counsel appointed to represent the client when the client has been
granted a new trial;
3 CONTRACT FOR SERVICES
2.4.5 Copying Direct Appeal Transcripts for RALJ Appeals. The
cost, if it exceeds $25, of making copies of direct appeal transcripts for
representation in post-conviction relief cases. Contractor is limited to no more than
two copies;
2.4.6 Records. Medical, school, birth. DMV, and other similar
records and 911 and emergency communication recordings and logs, when the cost of
an individual item does not exceed $75; and
2.4.7 Process Service. The cost for the service of a subpoena as
long as the rate per location does not exceed the guideline amount as shown in the
payment policy.
2.5 Renegotiation.
2.5.1 Renegotiation Due to Increases or Decreases in Case
Load The City and Attorney shall, at the option of either party, renegotiate this
Contact if there is a significant increase or decrease in the number of cases
assigned. "Significant decrease" and "significant increase" shall mean a decrease
or increase, respectively, of more than ten percent (10%) in the number of cases
assigned or, in the alternative, a decrease or increase in the number of cases
assigned which results in more than 600 cases being assigned in an "average"
calendar year or an average of 150 cases per quarter. At the request of either party,
the City and Attorney will periodically review cases assignment t rends, requests for
additional credits and any other matters needed to determine contract compliance
or necessary contract modifications.
2.5.2 Renegotiation Due to Changes in Rules or Standards.
Both parties are aware that the Washington State Bar Association has proposed
significant changes to the indigent defense standards that were scheduled to take
effect on July 1, 2025. Those proposed changes are currently being
reviewed by the Washington Supreme Court. Therefore, as of this writing, the exact
standards and date of adoption are yet to be determined. It is possible that the
changes will occur in 2025 that will substantially increase the amount of FTE
attorneys needed to service the contract. In the event changes occur to the
standards in 2026, the parties will negotiate in good faith once the Standards have
been announced to ensure appropriate staffing and compensation levels.
3.Term. The term of this Agreement shall be from January 1, 2026 through
December 31, 2026, unless sooner terminated as provided in this Agreement
3.1 For Cause. This Agreement may be terminated for cause for
violation of any material term of this Agreement. "Material term" shall include any
violation indicating a failure to provide representation in accordance with the rules
of the court and the ethical obligations established by the Washington State Bar
Association, a violation of the Standards of the provisions of Section 6 relating to
4 CONTRACT FOR SERVICES
insurance, conviction of a criminal charge, and/or a finding that the license of the
Attorney, or any attorney providing service under this Agreement, has been suspended
or revoked. Any violation of the other provisions of this Contract shall be subject to cure.
Written notice of contract violation shall be provided to the Attorney who shall have ten
(10)business days to correct the violation. Failure to correct the violation will give rise
to termination for cause at the City's discretion. In lieu of terminating this Contract, the
City may agree in writing to alternative corrective measures.
3.2 Termination on Mutual Agreement. The parties may agree in
writing to terminate this Contract at any time. Unless otherwise agreed to in writing,
termination or expiration of this Contract does not affect any existing obligation or
liability of either party.
3.3 Obligations Survive Termination. In the event of termination of this
Agreement, the following obligations shall survive and continue:
3.3.1 Representation. The compensation established in this
Agreement compensates Public Defender for services relating to each and every
assigned case. Therefore, in the event this Agreement is terminated, the Public
Defender will continue to represent clients on assigned cases until a case is
concluded on the trial court level.
3.3.2 The provisions of sections 1 and 5, as well as this
subsection 3.3 survive termination as to the Public Defender. The City shall remain
bound by the provisions of section 2.4 with respect to additional costs incurred with
respect to cases concluded after the termination of this Contract.
4. Nondiscrimination. Neither the Attorney nor any person acting on
behalf of the Attorney, shall, by reason of race, creed, color, national origin, sex,
sexual orientation, honorably discharged doctrine or military status, or the presence
of any sensory, mental, or physical disability or the use of a trained guide dog or
service animal by a person with a disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates, or in
the provision of services under this Agreement.
5.Indemnification. The Attorney agrees to hold harmless and
indemnify the City, its officers, officials, agents, employees, and representatives
from and against any and all claims, costs, judgments, losses, or suits including
Attorney's fees or awards, and including claims by Attorney's own employees to
which Attorney night otherwise be immune under Title 51 arising out of or in
connection with any willful misconduct or negligent error, or omission of the
Attorney, his officers or agents.
It is specifically and expressly understood that the indemnification provided
herein constitutes the waiver of the Attorney's waiver of immunity
5 CONTRACT FOR SERVICES
under Title 51 RCW solely for the purposes of this indemnification. The parties have
mutually negotiated this waiver. This clause shall survive the termination or
expiration of this Agreement and shall continue to be in effect for any claims or
causes of action arising hereunder.
6.Insurance. The Attorney shall procure and maintain for the duration
of this Agreement insurance against claims for injuries to persons or property
which may arise from or in connection with the performance of work hereunder
by the Attorney, or the agents, representatives, employees, or subcontractors
of the Attorney.
6.1 Minimum Scope of Insurance. Attorney shall obtain
insurance of the types described below:
6.1.1 Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
6.1.2 Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and advertising
injury, and liability assumed under an insured contract. The City shall be named as an
insured under the Service Provider's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional insured endorsement CG
20 10 10 01 and CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
6.1.3 Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
6.1.4 Professional Liability insurance appropriate to the Attorney's
profession.
6.2 Minimum Amounts of Insurance. Attorney shall maintain the
following insurance limits:
6.2.1 Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $1,000,000 per accident.
6.2.2 Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate.
6.2.3 Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The policy shall
6 CONTRACT FOR SERVICES
contain no exclusion for loss or liability relating to a claim of ineffective assistance of counsel.
6.3 Other Insurance Provisions. The insurance policies are to
contain, or be endorsed to contain, the following provisions for Automobile Liability
and Commercial General Liability insurance.
6.3.1 The Attorney's insurance coverage shall be primary
insurance as respect to the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Service Provider's
insurance and shall not contribute with it.
6.3.2 The Attorney's insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given to the City.
6.4 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
6.5 Verification of Coverage. Attorney shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Service Provider before commencement of the work.
7. Work Performed by Attorney. In addition to compliance with the
Standards, in the performance of work under this Agreement, Attorney shall comply
with all federal, state and municipal laws, ordinances, rules and regulations which
are applicable to Attorney's business, equipment, and personnel engaged in
operations covered by this Agreement or accruing out of the performance of such
operations.
8. Work Performed at Attorney's Risk. Attorney shall be responsible for
the safety of its employees, agents, and subcontractors in the performance of work
hereunder, and shall take all protections reasonably necessary for that purpose. All
work shall be done at the Attorney's own risk, and the Attorney shall be responsible
for any loss or damage to materials, tools, or other articles used or held in
connection with the work. Attorney shall also pay its employees all wages, salaries
and benefits required by law and provide for taxes, withholding and all other
employment related charges, taxes or fees in accordance with law and IRS
regulations.
9. Personal Services, No Subcontracting. This Agreement has been
entered into in consideration of the Attorney's particular skills, qualifications,
experience, and ability to meet the Standards incorporated in this Agreement.
Therefore, the Attorney has personally signed this Agreement below to indicate that
he/she is bound by its terms. This Agreement shall not be subcontracted without
7 CONTRACT FOR SERVICES
the express written consent of the City and refusal to subcontract may be withheld
at the City's sole discretion. Any assignment of this Agreement by the Attorney
without the express written consent of the City shall be void.
10. Modification. No waiver, alteration or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by the
duly authorized representatives of the City and the Attorney.
11. Entire Agreement. The written provisions in terms of this
Agreement, together with any exhibit attached hereto, shall supersede all
prior verbal statements of any officer or other representative of the City, and
such statement(s) shall not be effective or construed as entering into or
fanning a part of, or altering in any manner whatsoever, this Agreement.
12. Written Notice. All communications regarding this Agreement shall
be sent to the parties at the addresses listed below, unless notified to the contrary.
Any written notice hereunder shall become effective as of the date of mailing by
registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in the Agreement or such other address as may
be hereinafter specified in writing:
CITY: ATTN: City Clerk
238 N. Olympic Avenue
Arlington, WA 98223
ATTORNEY: Feldman & Lee, P.S.
19308 44th Avenue W.
Lynnwood, WA 98036
13. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained herein, or to
exercise any option herein conferred in one or more instances shall not be construed
to be a waiver or relinquishment of such covenants, agreements, or options, and the
same shall be and remain in full force and effect.
14. Resolutions of Disputes, Governing Law. Should any dispute,
misunderstanding or conflict arise as to the terms or conditions contained in this
Agreement, the matter shall be referred to the City Administrator, whose
decision shall be final. Provided, however, that any complaint regarding any
violation of the Standards or which relate to any manner whatsoever to trial
strategy or an ongoing case, shall be referred to the Judge of the Court or to the
Washington State Bar Association as appropriate. Nothing herein shall be
construed to obligate, require or permit the City, its officers, agents, or
employees to inquire into any privileged communication between the Attorney
and any indigent defendant. In the event of any litigation arising out of this
8 CONTRACT FOR SERVICES
Agreement, the prevailing party shall be reimbursed shall be final. Provided,
however, that any complaint regarding any violation of the Standards or which relate
to any manner whatsoever to trial strategy or an ongoing case, shall be referred to
the Judge of the Court or to the Washington State Bar Association as appropriate.
Nothing herein shall be construed to obligate, require or permit the City, its officers,
agents, or employees to inquire into any privileged communication between the
Attorney and any indigent defendant. In the event of any litigation arising out of this
Agreement, the prevailing party shall be reimbursed for reasonable attorneys' fees
from the other party. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington and the rules of the Washington
Supreme Court as applicable. Venue for an action arising out of this Agreement shall
be in Snohomish County Superior Court.
IN WITNESS WHEREOF, the parties have executed this contract on the
_______ day of ____________, 2026.
CITY OF ARLINGTON
____________________________________________
Don Vanney, Mayor
ATTEST/AUTHENTICATE:
____________________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
OGDEN MURPHY WALLACE PLLC
Attorneys for City of Arlington
____________________________________________
CITY ATTORNEY
9 CONTRACT FOR SERVICES
ATTORNEY:
FELDMAN AND LEE, P.S.
CONTRACT FOR SERVICES
___________________________________________
David Lee, Managing Partner
This Agreement has been executed personally by the Attorney(s) providing services
hereunder to indicate his or her commitment to providing the services in accordance
with the standards herein provided. In addition, the corporate entity under which the
Attorney practices has executed this Agreement indicating the corporate entities'
Agreement to comply with the terms of this Agreement.
City of Arlington Council Agenda Bill NB #2 Attachment
March 2, 2026
Redacted Applications of Chris Feliciano, Jan Bauer, and Randy Nobach Administration; Sarah Lopez, Community Engagement Director EXPENDITURES REQUESTED: -0-BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: that expires April 1, 2028. We are also recommending re-appointing Jan Bauer and Randy Nobach for a second term, beginning April 1, 2026.
Members serve a 4-year term. Heather Watland resigned December 31, 2025 to serve on the Arlington City Council beginning January 2026. Commissioners Randy Nobach and Jan Bauer have terms that expire April 1, 2026 and have reapplied. An interview panel consisting of Councilmember Heather Watland, Community Engagement Director Sarah Lopez held interviews February 13 and February 20.
Remand back to staff for additional information. I move to confirm the appointments of Chris Feliciano to fill the vacant terms in the Parks, Arts and Recreation Commission that expires April 1, 2028, and confirm the appointments of Jan Bauer and Randy Nobach for the term beginning April 1, 2026.
Y. Application for Boards and Commissions
Full Name*
Randy Nobach
Address*
Arlington,WA 98223
Home Phone* Work Phone*
E-mail*
I am interested in serving on the following Boards&Commisions:
Airport Commision Civil Service Commission Parks,Arts,and Recreation Commission
Lodging Tax Advisory Committee Cemetery Board Planning Commission
Citizen Salary Commission LEOFF 1 Disability Board
Background/Experience/Interest*
I have thoroughly enjoyed my first term on the Parks,Arts,and Recreation Commission and would welcome the opportunity to continue serving.
Through this term,I've developed a strong understanding of the commission's priorities,limitations,and long-term direction.I care deeply about
this city,and it is an honor to contribute in a way that supports thoughtful growth,access,and community well-being.
In addition to PARC,I serve as Vice President of the Downtown Arlington Business Association and on the Youth Dynamics Advisory Committee.
These roles give me a broad,practical perspective on community needs and collaboration,which I believe complements and strengthens my
work on the commission and my service to the City as a whole.
Signature*Date*
2026-01- 21 04:00:00 PM
a6ac
City of Arlington Council Agenda Bill
Item: NB #3 Attachment J
COUNCIL MEETING DATE: March 2, 2026
Compensation Proposal and Easement Approval for PUD Transmission Lines
Five (5) Attached Easements and one (1) Cover Letter Proposal
Airport; Marty Wray, Director EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW:
237,633 square feet of easement area belonging to the Airport. FAA grant assurances require any easement to be compensated at current market value. The location(s) are on 59th St. to the East of the Airport on the West side of the street. The FAA has conducted obstruction surveys of the locations and deemed a determination of no significance. The plan will include tree removal and compensation is considered at current market value, as well.
timber value compensation of $7,920.
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of SW ¼ S22 T31 R05
Tax Parcel No: 31052200300100
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”). The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
other necessary or convenient appurtenances (collectively referred to herein as “Improvements”), across,
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged
it as the __________________ of the City of Arlington, a municipal corporation of the State of
Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT “A”
PARCEL LEGAL DESCRIPTION
APN 31052200300100
THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 5 EAST OF
THE WILLAMETTE MERIDIAN;
LESS THE SOUTH 50 FEET FOR COUNTY ROAD;
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE SOUTHWIND HANGAR
CONDOMINIUM RECORDED UNDER AUDITOR’S FILE NO. 200505045004, RECORDS OF
SNOHOMISH COUNTY.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Exhibit “B”
Easement Legal Description
Parcel 31052200300100
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22 TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M.;
THENCE S 0°13'59" E, 3989.72 FEET ALONG THE CENTERLINE OF SAID SECTION 22 TO THE TRUE
POINT OF BEGINNING;
THENCE N 89°46'01" E, 90.00 FEET;
THENCE N 0°13'59" W, 1327.72 FEET PARALLEL WITH THE CENTERLINE OF SAID SECTION 22 TO
THE NORTH LINE OF SOUTHWEST QUARTER OF SAID SECTION 22;
THENCE S 88°08'28" E, 30.02 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION;
THENCE S 00°13'59" E, 1,296.62 FEET PARALLEL TO THE CENTERLINE OF SAID SECTION;
THENCE S 89°46'01 "W, 60.00 FEET TO THE CENTERLINE OF SAID SECITON;
THENCE S 00°13'59" E, 30.00 FEET ALONG THE CENTERLINE OF SAID SECTION TO THE
TRUE POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT.
CONTAINS 41,615 SQ FT MORE OR LESS
Page 7 of 8
Page 8 of 8
SW1/4 S22 T31 R05
10/7/2025 City of Arlington WO # 100105915
Tax Lot 31052200300100 N # 10000193089
EXHIBIT "C"
EASEMENT DEPICTION
THIS DRAWING IS FOR
INFORMATIONAL
PURPOSES ONLY AND IS
NOT INTENDED TO BE AN
ACCURATE SURVEY
Easement Area
Parcel
Boundaries
Ai
r
p
o
r
t
Bl
v
d
17
2
n
d
St
NE
59
t
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Av
e
NE
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of NW ¼ S22 T31 R05
Tax Parcel No: 00448200000100
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”). The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
other necessary or convenient appurtenances (collectively referred to herein as “Improvements”), across,
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged it as
the __________________ of the City of Arlington, a municipal corporation of the State of Washington, to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT “A”
LEGAL DESCRIPTION
FOR APN/PARCEL ID: 00448200000100
LOTS 1 THROUGH 36, FIVE ACRE TURKEY FARMS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 11 OF PLATS, PAGE 57, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON;
EXCEPT THOSE PORTIONS CONVEYED TO SNOHOMISH COUNTY BY QUIT CLAIM DEED
UNDER AUDITOR’S FILE NO. 2111204.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Page 7 of 8
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22 TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M.;
THENCE S 0°13'59" E, 2665.29 FEET ALONG THE CENTERLINE OF SAID SECTION 22 TO THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 22;
THENCE N 88°08'28" W, 60.04 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N 0°13'59" W, 1332.64 FEET PARALLEL WITH THE CENTERLINE OF SAID SECTION 22 TO
THE SOUTH LINE OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 22;
THENCE N 88°08'28"W, 30.02 FEET ALONG THE SAID SOUTH LINE;
THENCE S 0°13'59" E, 1332.64 FEET TO THE SAID SOUTH LINE OF THE NORTHWEST QUARTER;
THNCE S 88°08'28" E, 30.02 FEET TO THE TRUE POINT OF BEGINNING AND TERMINUS OF THIS
EASEMENT.
CONTAINS 39,979 SQ FT MORE OR LESS
Exhibit "B"
EASEMENT LEGAL DESCRIPTION
PARCEL 00448200000100
Page 8 of 8
NW 1/4 S22 T31 R05
THIS DRAWING IS FOR
INFORMATIONAL
PURPOSES ONLY AND IS
NOT INTENDED TO BE AN
ACCURATE SURVEY
City of Arlington
00448200000100
WO # 100105915
N # 10000193089
10/8/2025
Easement Area
Parcel
Boundaries
EXHIBIT "C"
EASEMENT DEPICTION
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of NW ¼ S22 T31 R05
Tax Parcel No: 31052200200100
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”) The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged
it as the __________________ of the City of Arlington, a municipal corporation of the State of
Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT “A”
LEGAL DESCRIPTION
FOR APN/PARCEL ID: 31052200200100
THE NORTH HALF OF THE NORTHWEST QUARTER LESS THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 31
NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN;
EXCEPT ROADS.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Page 7 of 8
EASEMENT LEGAL DESCRIPTION
EXHIBIT "B"
PARCEL 31052200200100
Page 8 of 8
NE 1/4 S22 T31 R05
City of Arlington
Tax Lot 31052200200100
WO # 100105915
N # 1000193089
10/7/2025
Not To Scale
EXHIBIT "C"
EASEMENT DEPICTION
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of NE ¼ NE ¼ S22 T31 R05
Tax Parcel No: 31052200103100
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”). The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged it as
the __________________ of the City of Arlington, a municipal corporation of the State of Washington, to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT “A”
PARCEL LEGAL DESCRIPTION
FOR APN/PARCEL ID: 31052200103100
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M.;
EXCEPT ROAD
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Page 7 of 8
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 22 TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M., ALSO THE TRUE POINT OF BEGINNING;
THENCE S 00°13'59" E ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 22, 56.36 FEET;
THENCE N 13°50'07" E, 57.57 FEET TO THE NORTH LINE OF SECTION 22;
THENCE N 88°07'48" W, 14.00 FEET ALONG THE NORTH LINE OF SAID SECTION TO THE TRUE
POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT.
CONTAINS 394 SQ FT MORE OR LESS
EXHIBIT "B"
EASEMENT LEGAL DESCRIPTION
Page 8 of 8
NE 1/4 S22 T31 R05
10/7/2025 City of Arlington WO # 100105915
Tax Lot 3105220103100 N # 10000193089
EXHIBIT "C"
EASEMENT DEPICTION
THIS DRAWING IS FOR
INFORMATIONAL
PURPOSES ONLY AND IS
NOT INTENDED TO BE AN
ACCURATE SURVEY
Easement Area
Parcel
Boundaries
AFTER RECORDING, PLEASE RETURN TO:
Public Utility District No. 1 of Snohomish County
Attn: Jennifer Southard
Real Estate Services
P.O. Box 1107
Everett, Washington 98206-1107
E-
WO#100105915 N# 10000193089
________________________________________________________________________
HIGH VOLTAGE DISTRIBUTION EASEMENT
Grantor (“Grantor”): City of Arlington, a municipal corporation of the State of Washington
Grantee: Public Utility District No. 1 of Snohomish County
Short Legal Description: Portion of SE ¼ S15 T31 R05
Tax Parcel No: 31051500401200
THIS DISTRIBUTION EASEMENT (“Easement”) is made by and between City of Arlington, a
municipal corporation of the State of Washington (“Grantor”), and Public Utility District No. 1 of
Snohomish County, a Washington State municipal corporation (“Grantee”). The Grantor and Grantee are
also referred to herein individually herein as “Party” and collectively as “Parties.”
WHEREAS, Grantor is the Grantor of certain lands and premises situated in the County of
Snohomish, State of Washington, legally described as follows (hereinafter “Property”):
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over, under,
upon and through the Property.
NOW, THEREFORE, the Parties agree as follows:
1. Distribution Easement. Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect,
reconstruct, alter, improve, extend, repair, operate, and maintain overhead and/or underground electric
distribution and transmission lines and facilities, Grantee-owned communication wires and cables, and
over, under, through and upon the following portion of Grantor’s Property (hereinafter “Easement Area”):
SEE EXHIBIT “B” FOR LEGAL DESCRIPTION OF EASEMENT AREA ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF;
SEE EXHIBIT “C” FOR DEPICTION OF EASEMENT AREA ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
2. Access To and Across Property. Grantee has the right of ingress to and egress from the
Easement Area across the Property and adjacent property of Grantor where same is reasonably necessary
for the purpose of exercising its easement rights described in Section 1.
3. Grantor’s Reservation of Rights and Use of Easement Area. Grantor hereby reserves the
right to use the Easement Area for any use not inconsistent with Grantee’s permitted use of the Easement
Area and/or present a hazard to Grantee’s Improvements. In addition, Grantor expressly reserves the right
to grant other third parties the right to use all or any portion of the Easement Area for any use not
inconsistent with Grantee’s permitted use of the Easement Area. The Grantor shall not construct or permit
to be constructed any structures of any kind in the Easement Area without prior written approval of the
Grantee.
4. Construction of the Improvements. Grantee shall construct and install all Improvements
in a good and workmanlike manner in compliance with all laws, rules, and ordinances.
5. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
Easement Area and keep the same clear of all brush, debris and trees.
6. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
constitute a hazard to its Improvements the Grantee's access thereto. Trees, brush or other growth shall
be deemed hazardous to the lines or facilities or access of the Grantee when they are of such a height
that they could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen
feet (15’). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be trimmed or removed.
7. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and
structures removed from the Easement Area and the Property pursuant to Sections 5 and 6 shall be vested
in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
Grantor as full compensation for said removed brush, debris, trees and structures. Grantor shall be entitled
to request fallen timber be set aside for Grantor’s personal use. Grantee shall make reasonable effort to
set aside said fallen timber provided doing the same is safe in Grantee’s sole opinion. Title to any fallen
timber set aside in this manner shall revert to the Grantor.
8. Title to Property. The Grantor represents and warrants having the lawful right and power
to sell and grant this Easement to Grantee.
9. Binding Effect. This Easement and the rights and obligations under this Easement are
intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs,
successors and assigns.
10. Termination. The rights, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee shall permanently remove its Improvements from the Easement Area,
or shall otherwise permanently abandon said Improvements, at which time all such rights, privileges and
authority hereby granted shall terminate. Upon termination and if requested by Grantor, Grantee shall
provide a notice of termination to Grantor in a form suitable for recording to confirm such termination.
11. Removal of the Improvements. Upon the termination of this Agreement and the Easement,
Grantee will complete one of the following two options, which option will be chosen by Grantor in Grantor’s
discretion: (i) remove the Improvements and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area; or (ii) abandon the Improvements in accordance with the highest industry standards and
customs used at the time of abandonment and restore, to the extent reasonably possible, the Easement
Area to the condition that existed prior to the installation of the Improvements and Grantee’s use of the
Easement Area (excepting only the presence of the Improvements).
12. Interpretation. Section titles and captions to this Easement are for convenience only and
shall not be deemed part of this Easement and in no way define, limit, augment, extend, or describe the
scope, content, or intent of any part of this Easement. This Easement has been arrived at through
negotiation between Grantor and Grantee. As a result, the normal rule of contract construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation
of this Agreement.
13. Integration. This Easement constitutes the entire agreement between the Parties
pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining
thereto. No covenant, representation, or condition not expressed in this Easement will affect or be deemed
to interpret, change, or restrict the express provision hereof. Any amendment or modification to this
Easement must be in writing and signed by authorized agents or officers of the Parties.
14. Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Easement or to exercise any rights or remedy for a breach of this Easement
will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement,
term, or condition.
15. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and
the Parties’ rights and obligations shall be construed and enforced as if the Easement did not contain the
particular provision held to be invalid.
b. If any provision of this Easement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict and shall be deemed modified to conform to such statutory provision
16. Governing Law and Venue. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to any conflicts of law principles
applied in that State), with venue for any disputes in Snohomish County, Washington; provided that venue
for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court
for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to
the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of
proceedings in such courts.
17. Authority. Each party signing this Easement, if on behalf of an entity, represents that they
have full authority to sign this Easement on behalf of such entity. All consents, permissions, and approvals
related to entry into this Easement, and the obligations hereunder, have been obtained.
(Signatures on Following Pages)
GRANTOR:
City of Arlington, a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged it as
the __________________ of the City of Arlington, a municipal corporation of the State of Washington, to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
GRANTEE:
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY
By:
Maureen Barnes,
Manager, Real Estate Services
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Maureen Barnes signed this instrument, on
oath stated that she was authorized to execute this instrument and acknowledged it as the Manager, Real
Estate Services, of Public Utility District No. 1 of Snohomish County, a Washington municipal corporation,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _________________, 2026.
Print Name:
NOTARY PUBLIC in for the State of
Washington, residing at .
My commission expires: .
Page 6 of 8
EXHIBIT "A"
PARCEL LEGAL DESCRIPTION
FOR APN/PARCEL ID: 31051500401200
SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 31 NORTH, RANGE 5 EAST OF THE WILLAMETT
MERIDIAN;
EXCEPT THE EAST QUARTER OF THE SOUTHEAST QUARTER AND LESS THE FOLLOWING
DESCRIBED TRACT:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 15;
THENCE NORTH 0°15’33” EAST ALONG THE EAST LINE THEREOF 925.48 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING NORTH 0°18’33” 690 FEET;
THENCE NORTH 89°41’27” WEST 550 FEET;
THENCE SOUTH 0°18’33” WEST 127.69 FEET;
THENCE NORTH 89°41’27” WEST 100 FEET;
THENCE SOUTH 0°18’33” WEST 562.31 FEET;
THENCE SOUTH 89°41’27” EAST 650 FEET TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THE SOUTH 170 FEET OF THE NORTH 579 FEET OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER WESTERLY OF THE NORTHERN PACIFIC
RAILROAD;
LESS ROAD.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Page 7 of 8
BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 15 TOWNSHIP 31 NORTH, RANGE 5
EAST, W.M., ALSO THE TRUE POINT OF BEGINNING;
THENCE S 88°07'48" E ALONG THE SOUTH LINE OF SAID SECTION 15, 14.00 FEET;
THENCE N 13°50'07" E, 20.44 FEET TO A POINT 20.00 FEET NORTH OF THE SOUTH LINE OF SAID
SECTION;
THENCE S 88°07'48" E PARALLEL WITH THE SOUTH LINE OF SAID SECTION 1214.06 FEET TO THE
WESTERLY RIGHT-OF-WAY OF 53Ro AVENUE NORTHEAST;
THENCE N 00°17'13" E ALONG THE WESTERLY RIGHT-OF-WAY OF 63R0 AVENUE NORTHEAST,
1314.20 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15;
THENCE S 88°09'01" E ALONG SAID NORTH LINE, 10.00 FEET;
THENCE S 00°17'13" W PARALLEL WITH WESTERLY RIGHT-OF-WAY OF 63R0 AVENUE NORTHEAST,
1334.27 FEET;
THENCE N 88°09'01" W, 10.00 FEET;
THENCE S 00°17'13" W PARALLEL WITH WESTERLY RIGHT-OF-WAY OF 63R0 AVENUE NORTHEAST,
1284.18 FEET TO A POINT 50.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 15;
THENCE N 88°07'48" W PARALLEL WITH THE SOUTH LINE OF SAID SECTION 15, 1202.86 FEET TO
THE NORTH-SOUTH CENTER OF SAID SECTION;
THENCE S 00°16'12" W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 15, 50.02 FEET
TO THE TRUE POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT.
CONTAINS 115,868 SQ FT MORE OR LESS
EXHIBIT "B"
EASEMENT LEGAL DESCRIPTION
PARCEL 31051500401200
Page 8 of 8
SE 1/4 S15 T31 R05
THIS DRAWING IS FOR
INFORMATIONAL
PURPOSES ONLY AND IS
NOT INTENDED TO BE AN
ACCURATE SURVEY
City of Arlington
Parcel 31051500401200
WO # 100105915
N # 10000193089
10/8/2025
Easement Area
Parcel
Boundaries
EXHIBIT "C"
EASEMENT DEPICTION
February 25, 2026
Marty D. Wray C.M. A.C.E.
Director, Arlington Municipal Airport
18204 59th Dr. NE, Suite A
Arlington, WA 98223
Mr. Wray,
Subject: Easement documents for placement of equipment on City of Arlington Property
Attached are the five easement documents for the purchase of approximately 237,633 SF of
easement area needed to support transmission and distribution lines and equipment leading to
PUD’s Crosswind Substation. Please let us know if you have any questions or concerns
regarding the documents.
The compensation to be paid is the value from the appraisal review completed by Fred
Strickland & Associates LLC, which was completed on January 30, 2026, and totals $1,425,798.
Additionally, we had been asked to supply the timber value of the trees to be removed, per our
tree appraisal completed on January 30, 2025, the value is $7,920.
Thank you and again please let me know if you have any questions, we appreciate your help
with moving this project forward and our continued partnership.
Sincerely,
Andra Flaherty
Senior Manager Transmission & Distribution Design Engineering
City of Arlington Council Agenda Bill NB #4 Attachment
March 2, 2026 188th and Smokey Point Blvd Roundabout Project, Change Order No. 2 Correction
Executed 188th Roundabout Change Order #2 – Sewer Extension and 188th Roundabout CCD-4.1 Sewer Extension
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $1,099,903.39 BUDGET CATEGORY: Sewer Capital Improvement Fund BUDGETED AMOUNT: $ 750,000.00 LEGAL REVIEW: DESCRIPTION: Change Order #2 to the 188th St Roundabout Project, extension of sanitary sewer north approx. 1,090 feet and connect to lift station 6. HISTORY: At the February 17, 2026 City Council meeting Council approved Change Order #2 for the 188th St Roundabout project in the amount of $1,045,696.05. The following day it was noticed that the City made a $54,207.34 mathematical error in calculating the change order value. The actual cost of the change order is $1,099,903.39. This change order proposes to cover the costs associated with the necessary construction changes and will be covered by city sewer capital improvement funds.
ALTERNATIVES: Remand to staff for additional information.
I move to approve the corrected Contract Change Order No. 2 to the 188th & Smokey Point Blvd Project.