HomeMy WebLinkAbout04-01-24 Council MeetingSPECIAL 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
Officer Chandler Dean swearing-in
City Attorney Steve Peiffle
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Michele Blythe
1. Minutes of the March 18 and March 25 Council meetings and ATTACHMENT A
March 22 and March 23, 2024 Council retreat
2. Accounts Payable ATTACHMENT B
3. Award of 180th Street Connector Design to SCJ Alliance ATTACHMENT C
4. Design Professional Services Agreement with Dowl Engineering for ATTACHMENT D
Perimeter Fencing Improvements Project
5.Design Professional Services Agreement with Dowl Engineering for ATTACHMENT E
Taxiway Alpha Improvements Project
PUBLIC HEARING
NEW BUSINESS
1. Resolution Declaring Property as Surplus ATTACHMENT F
Staff Presentation: Debbie Strotz
Council Liaison: Mayor Pro Tem Michele Blythe
Arlington City Council Meeting
Monday, April 1, 2024 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.
ATTACHMENT G
ATTACHMENT H
ATTACHMENT I
ATTACHMENT J
2.Grant Agreement with FEMA for Prairie Creek Bridge Project
Staff Presentation: Jim Kelly
Council Liaison: Heather Logan
3.Budget Amendment for Airport Admin Building Solar Project
Staff Presentation: Monroe Whitman
Council Liaison: Rob Toyer
4.Ordinance Amending Title 14 Rules and Regulations for t he Airport
Staff Presentation: Monroe Whitman
Council Liaison: Rob Toyer
5.AXON Contract for Body-Worn Cameras and Electronic Control Devices
Staff Presentation: Mike Gilbert
Council Liaison: Yvonne Gallardo-Van Ornam
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
DRAFT
Page 1 of 3
Council Chambers 110 East 3rd Street Monday, March 18, 2024
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette.
Council Members Absent: None.
Staff Present: Mayor Don Vanney, Paul Ellis, Amy Rusko, Jim Kelly, Jonathan Ventura, City Attorney Steve Peiffle, Tony Orr, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney, Nathan Senff, Tim Abrahamson, and Randy Nobach. 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 as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS Mayor Don Vanney read a proclamation remembering the 10-year anniversary of the Oso Slide.
PUBLIC COMMENT Kevin Duncan, Arlington, provided public comment.
CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1.Minutes of the March 4 and March 11, 2024 Council meetings2.Accounts Payable: Approval of EFT Payments and Claims Checks #110243 through#110334 dated February 21, 2024 through March 4, 2024 for $720,650.87;Approval of Payroll EFT Payments and Check #30343 through #30348 datedFebruary 1, 2024 through February 29, 2024 in the amount of $1,338,107.60.3.Sole Source Resolution for Wastewater Treatment Plant Blower Purchase4. Project Award for On-Call Electrical Services Contract
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting March 18, 2024
Page 2 of 3
PUBLIC HEARING None.
NEW BUSINESS
Contract for Indigent Defense Services with Feldman and Lee City Administrator Paul Ellis requested City Council approve a contract with Feldman & Lee for indigent defense services. Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to approve the contract for indigent defense services with Feldman & Lee, P.S., and authorized the Mayor to sign the contract. The motion passed unanimously.
Resolution Approving 2024 Comprehensive Plan Final Docket Planning Manager Amy Rusko requested City Council approve the resolution adopting the 2024 Comprehensive Plan Final Docket. Councilmember Heather Logan moved, and Councilmember Debora Nelson seconded the motion to approve the proposed resolution adopting the 2024 Comprehensive Plan Final Docket and authorized the Mayor to sign the resolution. The motion passed unanimously.
Eminent Domain Proceeding for the 188th St Roundabout Project Public Works Director Jim Kelly requested City Council Approve Ordinance relating to the Acquisition by eminent domain of certain real property in the City of Arlington necessary for the construction of a roundabout on 188th Street NE. Councilmember Jan Schuette moved, and Councilmember Yvonne Gallardo-Van Ornam seconded the motion to approve the ordinance and authorized the Mayor to sign it. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Michele Blythe spoke of Wings of Rescue, who fly cats and dogs from kill facilities to the Arlington Airport for PAWS and NOAH to find homes for them. Councilmember Debora Nelson attended Arbor Day tree planting and thanked Community Engagement Director Sarah Lopez and staff.
ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis stated that the notebooks are at the Councilmembers’ seats for next Friday and Saturday’s retreat. Questions received from Council have been compiled.
MAYOR’S REPORT Mayor Vanney provided an overview of his visit to Washington, D.C. for the National League of Cities conference and various meetings he attended while there.
EXECUTIVE SESSION None.
Minutes of the City of Arlington City Council Meeting March 18, 2024
Page 3 of 3
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:24 p.m.
_________________________________________ Don E. Vanney, Mayor
DRAFT
Page 1 of 3
Council Chambers 110 East 3rd Street Monday, March 25, 2024
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe, Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette.
Council Members Absent: None.
Staff Present: Mayor Don Vanney, Paul Ellis, Kristin Garcia, Monroe Whitman, Lorene Robinson, Jim Kelly, Kris Wallace, Tony Orr, Chelsea Brewer, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney, Randy Nobach, Nathan Senff, and Tim Abrahamson. Mayor Don Vanney called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Award of 180th Street Connector Design to SCJ Alliance Public Works Director Jim Kelly reviewed staff’s request to award a design services contract with SCJ Alliance for the 180th St. connector project. Discussion followed with Mr. Kelly answering Council questions.
Grant Agreement with FEMA for Prairie Creek Bridge Project Public Works Director Jim Kelly reviewed staff’s request for approval of a modification to the FEMA grant agreement.
Design Professional Services Agreement with Dowl Engineering for Perimeter Fencing
Improvements Project Airport Operations Coordinator Lorene Robinson reviewed staff’s request for approval of a professional services agreement with Dowl Engineering (current contracted on-call engineer for the City of Arlington Airport) for design services for the perimeter fencing improvements project.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop March 25, 2024
Page 2 of 3
Design Professional Services Agreement with Dowl Engineering for Taxiway Alpha
Improvements Project Airport Operations Coordinator Lorene Robinson reviewed staff’s request for approval of a professional services agreement with Dowl Engineering (current contracted on-call engineer for the City of Arlington Airport) for design services for the 2024 Taxiway Alpha Mill and Overlay Project. Discussion followed with Ms. Robinson answering Council questions.
Budget Amendment for Airport Administration Building Solar Project Airport Operations Manager Monroe Whitman reviewed staff’s request for a 2024 budget amendment for the Airport Admin Building Solar Project in the amount of $667,970.00. The City Council approved a 2023 budget of $550,000 and a contract with Veregy, LLC to administer this project. However, during contract negotiation and change of scope, the project was delayed and has increased in cost. This project is being paid from the airport’s operating ending fund balance not used in 2023. Discussion followed with Mr. Whitman answering Council questions.
Ordinance Amending Title 14 Rules and Regulations for the Airport Airport Operations Manager Monroe Whitman reviewed staff’s request for ordinance amendment for the Arlington Municipal Code Title 14 relating to the City’s Airport regulations.
February Financial Report Finance Director Kristin Garcia presented the February 2024 financial report. Discussion followed with Ms. Garcia answering Council questions.
ADMINISTRATOR AND STAFF REPORTS None.
MAYOR’S REPORT Mayor Vanney thanked Councilmembers for their attendance and participation at the Council retreat Friday and Saturday, March 22 and 23.
COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette reminded Councilmembers of the Orange Line rapid bus service opening Saturday, March 30 in Lynnwood.
COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening.
PUBLIC COMMENT None.
Minutes of the City of Arlington City Council Workshop March 25, 2024
Page 3 of 3
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the consent agenda for the April 1, 2024 Council meeting: 1. Award of 180th Street Connector Design to SCJ Alliance 3. Design Professional Services Agreement with Dowl Engineering for Perimeter Fencing Improvements Project 4. Design Professional Services Agreement with Dowl Engineering for Taxiway Alpha Improvements Project
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:24 p.m. _________________________________________ Don E. Vanney, Mayor
DRAFT
Page 1 of 3
Hotel Indigo 1028 13th Street, Everett March 22-23, 2024
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe, Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette.
Council Members Absent: None.
Staff Present: Mayor Don Vanney, Paul Ellis, Shawn Friang, Kristin Garcia, Bryan Terry, Marty Wray, Marc Hayes, Jim Kelly, Jonathan Ventura, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney.
Friday, March 22 at 1:00 p.m.
RISK MANAGEMENT City Attorney Steve Peiffle acted as facilitator. City Administrator Paul Ellis welcomed Councilmembers and introduced WCIA Deputy Director Rob Roscoe, who provided a presentation about risk management.
TEAM CULTURE Mr. Ellis introduced Organization Health Collective Principal Brian Mark and Steven Ross, who conducted team-building exercises with Councilmembers.
BUDGET PROCESS REVIEW Finance Director Kristin Garcia and Paul Ellis reviewed the budget process with the use of a PowerPoint presentation, including:
• Fund Accounting
• Fund Balances - January 2024
• City Revenues by Fund Type
• General Fund Revenue
• General Fund Expenses
• Discretionary vs. Non-Discretionary Spending
• Reserve Policies
• ARPA (will be discussed Saturday morning.) The retreat was recessed at 5:11 p.m. and will reconvene Saturday, March 23, 2024 at 8:30 am.
City Council Retreat
Minutes of the City of Arlington City Council Meeting March 23, 2024
Page 2 of 3
Saturday, March 23 at 8:30 a.m.
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette.
Council Members Absent: None.
Staff Present: Mayor Don Vanney, Paul Ellis, Shawn Friang, Kristin Garcia, Bryan Terry, Marty Wray, Marc Hayes, Jim Kelly, Kris Wallace, Jonathan Ventura, Mike Gilbert, Peter Barrett, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney. City Attorney Steve Peiffle, resumed as retreat facilitator, and provided ground rules for the day. Mr. Peiffle introduced City Administrator Paul Ellis.
ARPA City Administrator Paul Ellis provided the status of ARPA funding. Discussion followed.
Strategic Priorities, Capital Plan 2023-2024 City Administrator Paul Ellis reviewed strategic priorities and objectives and the capital projects’ budget status. Discussion followed.
2024 Comprehensive Plan Community and Economic Development Director Marc Hayes reviewed the Comprehensive Plan. Discussion followed.
Tax Increment Financing Community and Economic Development Director Marc Hayes reviewed Tax Increment Financing (TIF). This program was adopted by legislature 18 months ago. Discussion followed.
Smokey Point Park Update Community and Economic Development Director Marc Hayes provided updates with the Smokey Point Park. Discussion followed.
Airport Master Plan Airport Director Marty Wray reviewed the Airport Master Plan. Discussion followed.
Water Plant Expansion Public Works Director Jim Kelly reviewed the expansion of the water treatment plant. Discussion followed. Transportation Benefit District (TBD) / Traffic Calming Public Works Director Jim Kelly reviewed local road safety plan. Discussion followed.
Minutes of the City of Arlington City Council Meeting March 23, 2024
Page 3 of 3
Transportation Public Works Director Jim Kelly reviewed the transportation issues and projects. Discussion followed.
Fiber Ring IT Director Bryan Terry reviewed the three phases of the fiber project. Discussion followed.
Collective Bargaining Agreements HR Director Shawn Friang reviewed the collective bargaining agreements for police and AFSCME. Discussion followed.
Police Strategic Plan Chief Jonathan Ventura provided an overview, with Commander Mike Gilbert and Commander Peter Barrett reviewing the police strategic planning regarding: 1. Staffing levels 2. Equipment and technology 3. Professional development 4. Community engagement and education community survey Discussion followed.
10-Year Financial Plan City Administrator Paul Ellis and Finance Director Kristin Garcia reviewed the 10-year financial plan. Discussion followed.
Parking Lot Mr. Peiffle addressed items Councilmembers brought forward.
ADJOURNMENT With no further items to discuss, the retreat was adjourned at 3:02 p.m.
_________________________________________
Don E. Vanney, Mayor
City of Arlington Council Agenda Bill CA #2 Attachment April 1, 2024 Accounts Payable Claims Approval
Claims Approval
Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
City of Arlington
April 1st, 2024 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 Petty Cash Checks #2031 & #2032; EFT Payments and Claims Checks #110335
through #110451 dated March 5th, 2024 through March 18th, 2024 for a total of $1,440,050.34
City of Arlington Council Agenda Bill CA #3 Attachment April 1, 2024 Award of 180th St. Connector Design to SCJ Alliance Scope of Work and Fee Estimate for Design Services for the 180th Street Connector Project Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: Estimate $597,102.00 BUDGET CATEGORY: Transportation Imp Fund 2024 BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Award of design services contract with SCJ Alliance for 180th St. Connector Project.
The City applied for and received a FHWA grant through the Puget Sound Regional Council (PSRC) to assist with the design of the 180th Street Connector, a new road connecting Smokey Point Blvd to Airport Blvd. This project is scheduled for design in 2024 and construction in 2025 (pending funding). Staff issued a Request for Proposals (RFP) for project design services in September of 2023 with only one firm responding at a price that exceeded budget and was not feasible. Staff re-issued the RFP in December 2023, and SCJ Alliance was the sole proposer. After completing the required interview, the City negotiated an acceptable scope and fee with SCJ that is within budget. Staff is recommending awarding design contract to SCJ Alliance per the attached negotiated scope of work and fee. ALTERNATIVES: Remand to staff for additional information.
I move to approve the selection of SCJ Alliance for design services for the 180th St Connector Project and authorize the Mayor to sign the agreement, pending final review by the City Attorney.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021
Exhibit A
Scope of Work
Project No.
Exhibit A
Scope of Work
180th St Connector – Smokey Point Boulevard to Airport Boulevard
Arlington, WA
Prepared For: James Kelly, PE
Prepared By: Dan Ireland, PE
Date Prepared: January 31, 2024
Introduction:
It is our pleasure to provide the City of Arlington (City) with our scope for professional design services for the
180th Street Connector between Smokey Point Boulevard and Airport Boulevard. SCJ Alliance (SCJ) has
developed this scope of work and fee estimate based on the information provided in the RFQ and information
shared at the project interview. This project consists of federal funding and will be permitted through the NEPA
process. You have shared that you would like this project design completed by the winter of 2024 (11-months)
for grant funding purposes and ready to construct in the summer of 2026. We have used that design duration to
estimate the duration of our services.
The General Project Understanding is the following:
♦ The typical roadway section will consist of two travel lanes, sidewalk, and sidepath with a landscaped
buffer.
♦ The project consists of Federal Funding and will be administered through WSDOT NWR Local Programs.
♦ The City will be providing topographic survey and right-of-way services with a third-party consultant.
♦ Wetland delineation is not requested by the City as part of this scope of work.
♦ This agreement may be supplemented to include construction engineering services.
♦ A single-lane roundabout will be located on Airport Boulevard that does not require setup for future two-
lane configuration.
This scope of work consists of the following phases of work:
Phase 1 – Project Management
Phase 2 – Project Meetings
Phase 3 – Public Engagement
Phase 4 – Preliminary Engineering
Phase 5 – 30% Design
Phase 6 - 60% Design
Phase 7 – NEPA Compliance
Phase 8 – 90% Design
Phase 9 – Final Design
Phase 10 – Bid Support
Phase 11 – Geotechnical Services (HWA)
Phase 12 – Mackleod Reckord (Landscape)
Phase 13 – Air and Noise (Michael Minor)
Phase 14 – Biological Assessment (Parametrix)
Phase 15 – Cultural Services (Plateau)
Phase 99 - Expenses
Phase 1 Project Management
Task 1 Project Management
1) Project Setup
2) Manage Schedule and Budget
3) Sub-Consultant Administration
4) General project correspondence and coordination to maintain project deliverables.
Task 2 Reporting
1) SCJ will develop and maintain a Project Log for the project during meetings. This log will track
and maintain a record of tasks identified during weekly meetings with the City and consultant
partners.
2) Monthly invoicing will be emailed to City staff.
3) Monthly invoicing for subcontractors.
4) WSDOT DMCS Tracking for DBE verification.
5) Local Agency and Prospectus Support.
6) WSDOT Design Approval support.
Understanding
1) We estimate the duration of the design phase as 11 months to complete the design and management of
sub-consultants.
2) City is managing their own reimbursement requests.
Deliverables
1) Project Log development and updates
2) Monthly Invoicing
3) Monthly Subconsultant Invoicing
Phase 2 Project Meetings
Task 1 Project Meetings
This task involves the scheduling, agenda, attendance, and meeting minute preparation for the following
assumed meetings. Other meetings accounted for are listed in other Phases of work.
1) Local Programs Kickoff Meeting (1) and Milestone meetings (3)
2) NEPA Kickoff Meeting (1)
3) Weekly Check-Ins: A 15-minute weekly virtual call with the City to discuss general coordination
(11 months: estimate 40 calls).
4) Monthly Team Meetings: Estimate 10 meetings with all partners.
Understanding
1) We estimate that 90% of the meetings will be online.
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
Deliverables
1) Meeting Agenda and Minutes
Phase 3 Public Engagement
For public engagement, SCJ is proposing a neighborhood Pop-Up Event to connect with the immediate residents
and empower the City’s Project Website and social media for larger regional awareness.
Task 1 Pop-up Event
1) Scheduling of the event in partnership with City staff. We estimate this to be near the end of
the 30% Design Phase.
2) Develop a Marketing Flyer for the advertisement of the event. The City will publish and
advertise using its website and social media platforms.
3) SCJ will translate the advertisement into a Spanish translation.
4) Develop Project Exhibits (Assumes 4)
5) Event set up and attendance. We will have two SCJ staff and assume the event will be
approximately 3-hours plus travel and setup time.
6) Develop a technical memorandum that summarizes the event and communication learned
from the community.
Task 2 Support for City Website
1) SCJ will provide graphic content and data to help support the City’s Project Webpage. We
estimate 4 updates throughout the project that include 4 informational graphics, 4 rounds of
schedule updates, and work-in-progress content.
Task 3 Open House
1) It is estimated that the City will host an Open House at the Council near the 90% design phase
to communicate the final schedule and exhibits of the corridor for the community to view. SCJ
will provide the following event graphics:
♦ Colored/rendered graphic of the corridor.
♦ Project Schedule
2) Event set up and attendance. We will have two SCJ staff and assume the event will be
approximately 3-hours plus travel and setup time.
3) Develop a technical memorandum that summarizes the event and communication learned
from the community.
Understanding
1) This estimate assumes one Pop Up Event.
2) The City will be facilitating the uploading of website content.
3) The City will be facilitating the posting of social media content.
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
4) A separate online survey is not anticipated.
5) City will secure meeting facilities.
Deliverables
1) Pop-Up Event
2) Public Project Exhibits (4)
3) Text write-ups for the website.
4) Collect stakeholder contact information – comments and questions.
5) Public Engagement Summary Memorandum
Phase 4 Preliminary Engineering
The Preliminary Engineering phase consists of initial analyses to develop a conceptual layout of the corridor and
arranging key project elements to identify an initial project footprint. To complete the Preliminary Engineering
phase, we will execute the following phases of work:
Task 1 Site Visit and Survey Verification
1) Two staff members will document the existing conditions to verify the survey collection and
perform additional photo documentation. We estimate two employees at 8 hours each.
2) SCJ will perform their electronic review of the survey deliverable provided by the City to
confirm all information needed for the project’s initial design. SCJ will not verify the accuracy of
the survey.
Task 2 Preliminary Roadway Layout
1) Develop Typical Roadway Sections based on the grant application, the new surveyed corridor,
and the right of way. Evaluate options to arrange vehicular, non-motorized, stormwater
facilities, and amenities. Estimate two alternative section options.
2) Layout a preliminary Horizontal Alignment/Channelization Options, using a preliminary corridor
model.
3) Roundabout conceptual layout with Airport Boulevard.
Task 3 Stormwater Concept
1) Develop an initial review of the stormwater approach to the project.
♦ Confirm design standards.
♦ Evaluate existing stormwater feature capabilities.
♦ Identify the total discharge areas (TDA) for stormwater collection and treatment throughout
the corridor.
2) Create initial alternatives (estimate 2 options) on stormwater treatment and detention options
to present to the City. This will better confirm previous assumptions estimated in the grant
application and the project footprint.
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
Task 4 Submittal and Review
1) SCJ will gather meeting materials from their partners to submit to the City.
2) SCJ and the City will review meeting content to review concepts and site amenities.
Understanding
3) No traffic analysis is required to evaluate capacity or auxiliary lanes.
4) Stormwater modeling and Civil 3D modeling will not be required at this phase.
5) Stormwater collection and treatment requirements are per the Washington State Department
of Ecology Western Washington Stormwater Manual and City of Arlington amendments.
6) The intent of this phase of work is to gain a better understanding of the scope of
improvements.
7) City will provide aerial photo of the project site.
Deliverables
1) Channelization Layout, 1”=40’ scale (8 sheets total)
2) Roadway Sections Options (2 sheets total)
3) Preliminary Stormwater Design Exhibits (4 sheets total)
Phase 5 30% Design and Estimate Submittal
This phase of work consists of beginning to develop the major components of the project into understanding the
footprint of the proposed typical section and an initial construction plan sheet layout. This allows the design
team and City to better evaluate and define the basis of the design in a standard sheet format. The phase of
work will be completed with the 30% Submittal review with the City and partners.
Task 1 Corridor Model
1) Solicit and coordinate with Smokey Point Corridor Designers.
2) SCJ will begin developing the AutoCAD Civil 3D model that will begin to identify the project
footprint based on the proposed typical sections identified in the Preliminary Design.
3) Roadway alignment and profile will be established and or refined based on feedback in the
preliminary design.
4) Major side street alignment and profile will be developed for 43rd Ave NE, 36th Drive NE, and
Airport Boulevard.
5) Roadway cross-sections will be developed in 50-section intervals in the tangents, 25-ft intervals
in the curves, one at each driveway, and at key cross-section points of change.
6) Roundabout modeling is based on a single-lane roundabout sized for WB-67.
7) APE Exhibit to supply subconsultant.
Task 2 30% Roadway Sheets
1) Sheet setup and scaling.
2) Cover Sheet with a Vicinity Map, and Index
3) Roadway Sections
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
4) Roadway Plan and Profile
5) Paving Plan
6) Pavement Markings and Signing Plans
Task 3 30% Drainage Design
1) Provide a high-level assessment of existing hydrology and urban stormwater systems.
2) Utilize Western Washington Hydrologic Model (WWHM) to provide preliminary sizing of
stormwater conveyance features.
3) Determine the minimum stormwater requirements for the project following City of Arlington
and Department of Ecology requirements. Once the criteria for analysis has been determined,
perform a hydrologic model of the existing and proposed land use conditions for the limits of
disturbance to determine the treatment and flow control requirements.
4) Stormwater Layout: Prepare plan and profile sheets to a preliminary design level for the
stormwater improvements. Show the plan view footprint of potential water quality and flow
control facilities.
5) Develop the initial outline of the Drainage Report summarizing project stormwater
requirements, hydrologic and hydraulic calculations, existing and proposed drainage conditions,
and preliminary sizing of stormwater conveyance and facilities.
Task 4 30% Water and Sewer
1) Domestic Water and Sewer
♦ Initial layout of a 12-inch water main and sanitary sewer line throughout the corridor.
♦ No services are assumed along the corridor.
Task 5 30% Dry Utility Design
1) Develop an initial concept of a trench location within the selected typical section.
2) Develop an initial layout on sheets to communicate the limits of the trench.
3) Coordinate a Utility meeting to notify all utility companies. (Ziply, Astound, PUD, Cascade,
Cascade Natural Gas).
4) Estimating the materials and unit cost of conduit and vault installation.
Task 6 30% Illumination
1) Develop an initial AGi 32 lighting layout per the city-provided light standard preference. It is
estimated there will be both roadway lighting and pedestrian scale lighting.
2) Coordinate with the PUD on the location of service connections.
Task 7 30% Right of Way Sheets
1) Initial Right of Way Plans will be developed to establish an alignment and assist the future Right
of Way phase. The plan will identify potential Temporary Construction Easement locations and
limits. This phase assumes only paralleling temporary construction easements.
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
Task 8 BP Gas Coordination
1) Create initial exhibits for the purpose of BP Coordination.
2) Coordinate and facilitate an initial engagement meeting with BP gas line representatives.
3) BP Gasline application development.
Task 9 Summary of Design
1) SCJ will capture key design decisions in a Summary of Design memorandum. The memorandum
contains a compilation and summary of key decisions and results of each task completed as
part of the design effort. This memorandum is a living document throughout the course of the
design phase.
Task 10 30% Cost Estimate
1) SCJ will develop an estimate of known quantities of materials for the project.
2) Develop a unit bid item cost estimate based on regional unit bid item costs.
3) Incorporate into the estimate contingency and cost escalation factors to the mid-point of
construction.
Task 11 30% Milestone Meeting
1) This milestone meeting consists of an in-person meeting to review 30% design elements
developed after a City 2-3week review period.
2) All comments and decisions will be documented in meeting minutes and will be incorporated
during the 60% design phase.
Understanding
1) Domestic Water or Sewer modeling is not required.
2) City is to provide the light standard type desired.
3) The City will provide information and all work associated with potholing existing utilities
needed to avoid potential conflicts.
4) City is to provide geotechnical, cultural, and other data from the Smokey Point Corridor project
for coordination.
5) Transit facilities are not required for this corridor.
6) The City will be delivering the Art components of this project through a separate
contract/process.
Deliverables
1) 30% Roadway Typical Section (2)
2) 30% Channelization Plan (4)
3) 30% Alignment/Right of Way Plan (4)
4) 30% Illumination Plan (6)
5) Corridor Cross Sections
7) WSDOT SOD, BOD, or channelization/intersection plans for approval will not be required.
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
6) Drainage Report Outline
7) 30% Project Estimate
8) Summary of Design
9) BP Gas Line Exhibit
Phase 6 60% PS&E Submittal
Task 1 60% Utility Design
1) Update the typical section and layout to reflect 30% comments.
2) Submit the Utility Plan for comment to utilities.
3) Individual meetings with providers (4)
Task 2 60% Transportation Design and Plans
1) Corridor Model Updates. SCJ will update the modeling to reflect 30% design comments and
advance the grading detail information to be incorporated into the various plan set sections.
2) Roadway Typical Sections. Update up to two (2) plans showing the typical roadway sections
that show roadway widths, sidewalks, planters, utility zones, traffic lanes, and the right of way.
Typical sections will cover the entire project area and key cross-streets where work is to be
performed including driveways.
3) Site Preparation and TESC Plans and Details. Identify demolition activities, including items to
be abandoned, salvaged, recycled, or removed, and identify facilities that need to be protected
during construction. Demolition plans will include surface features such as pavements by type,
sidewalk, curbs, retaining walls, building structures and foundations, and miscellaneous
structures. Temporary Erosion Control (TESC) will be shown on the Site Preparation Plans.
4) Roadway Plan and Profiles. Update stacked plan and profile sheets and notes for the roadway
improvements including identification of curb and gutter, driveways, stormwater access, and
curb ramps. Curb types will be called out and transitions will be indicated. Show limits of
excavation and fill and major quantities on the profiles. Does not include details or
superelevation diagrams.
5) Roundabout Grading and Curb Ramp Plans. Develop intersection grading plans showing how
the profiles and curb ramps tie in together and how positive stormwater is achieved. Design the
grades of the sidewalks and curb ramps to meet PROWAG and ADA standards. Coordinate with
the City to gain approval of any curb ramps requiring MEF documentation prior to the
submittal. Up to ten (20) curb ramps are included.
6) Pavement Marking and Signing Plans and Details. Update Channelization Plans and add
Channelization Notes and Details based on the 60% design. Notes and details will be added to
provide enough information to demonstrate how the project will be constructed. Also show
new, relocated, replaced, and removed callouts for signing to these plans. Develop existing and
proposed signing schedules as needed.
7) 60% Construction Plans
♦ Cover, Vicinity Map, and Index (1)
City of Arlington – 180th Connector
February 1, 2024
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♦ Typical Sections (2)
♦ Alignment / Right of Way Plan/TCE Plan (5)
♦ Removal/TESC Plan (5)
♦ Roadway Plan and Profile (5)
♦ Roundabout Grading (1)
♦ Curb Ramp Plans (2)
♦ Utility Plan (5)
♦ Dry Utility Plan (5)
♦ Channelization Plan (5)
♦ Paving Plan (5)
♦ Signing Plan (4)
♦ Traffic Sequencing Plan- Roundabout (3)
♦ Traffic Control Plans (2)
Task 3 60% Drainage Design
1) Water Quality and Flow Control Design.
♦ Update modeling using WWHM or MGS Flood per 30% comments.
♦ Sizing and layout of the stormwater facilities with contours
♦ Sizing and design of overflow/outlet structures.
♦ Details for overflow/outlet structures and energy dissipators
2) Conveyance Design.
♦ Analysis for conveyance pipes and inlet capacity calculations using Storm and Sanitary
Analysis or equivalent
♦ Sizing and layout of conveyance pipes and catch basins with pipe sizes and invert elevations
3) Drainage Report
♦ Update the drainage report to reflect the design revisions and to include the sizing and
analysis of the flow control/water quality facilities and conveyance system.
♦ Develop and include all relevant appendices.
4) Drainage Plan and Profiles and Details
♦ Develop stacked profiles for the stormwater system. Show existing and proposed utilities.
Develop stormwater details as needed to describe the system, points of intersection with
other utilities, and specific design elevations and layouts. Develop grading details and notes
for stormwater facilities.
Task 4 60% Illumination
1) Adjust light standard locations based on comments.
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
2) Advance illumination plans to identify conduit runs, junction boxes, conduit size, conductor
sizing/type, and other light standard foundation details assumed to be typical WSDOT Standard
Plan type.
3) Electrical Service applications for connection through SnoPUD.
Task 5 60% Right of Way Plan
1) SCJ will develop formal Right of Way Plans that describe Temporary Construction Easements
(TCE’s).
Task 6 BP Gas Coordination
1) Update initial exhibits for BP Coordination.
2) Coordinate and facilitate an engagement meeting with BP gas line representatives.
Task 7 60% Estimate
1) SCJ will update an estimate of quantities.
2) Assign unit costs for quantified items and assign lump sum costs to other items based on
professional judgment.
3) Develop an estimate of working days for the construction phase of the project.
Task 8 Contract Specifications and Special Provisions
1) General and Special Provisions will be developed per the WSDOT and APWA format. We will
identify non-standard items. We will develop a draft construction requirement, materials,
measurement, and payment narratives for non-standard items identified in the contract plans.
2) Division 1 revisions submitted to WSDOT.
3) Develop Construction estimate for Working days determination.
Task 9 60% Milestone Meeting
1) 4-hour in person meeting to be held after City has reviewed and provided comments to 30%
Plans.
Understanding
1) Efforts in developing individual right-of-way exhibits for right-of-way services will be amended
to this contract once the number of parcels is identified (after 30% design).
2) Stormwater treatment will be either roadside facilities or conveyance to infiltration ponds.
3) City will pothole BP gas line pipes to confirm existing pipe elevations.
Deliverables
1) Draft Drainage Report
2) 60% Construction Plans.
3) 60% Special Provisions.
4) 60% Cost Estimate
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
5) Estimated Construction Schedule.
Phase 7 NEPA Compliance
Task 1 NEPA Compliance
1) Agency Coordination: The Consultant will meet with WSDOT Environmental staff, the City, and
other agencies as required, to coordinate on required environmental documentation and
process. After project kick-off, an initial meeting with WSDOT Local Programs will be critical to
confirm the level of NEPA documentation and any technical analyses required for this project. It
is assumed a Documented Categorial Exclusion (DCE) will be the appropriate level for this Stage
4 project. Other coordination may be required with the Federal Aviation Administration (FAA),
and other state and federal agencies.
2) NEPA Documentation. Consultant will complete the NEPA documentation following WSDOT
Environmental Manual procedures. This will include preparation of a NEPA ECS Form and
coordination with the City and WSDOT. Preliminary Draft, Draft, and Final ECS Forms will be
prepared for internal team, City and WSDOT review, respectively.
3) Environmental Justice Technical Memorandum. Consultant will prepare an Environmental
Justice (EJ) Technical Memorandum in compliance with Chapter 460 of the WSDOT
Environmental Manual. The EJ memo will identify and address potential disparate impacts and
disproportionate high and adverse effects associated with the project on underserved
populations. Preliminary Draft, Draft, and Final EJ Technical Memoranda will be prepared for
internal team, City and WSDOT review, respectively.
Understanding
• Up to two (2) hour long Agency meeKngs are esKmated to coordinate the environmental review process.
• Based on the current project descripKon, it is assumed this project would qualify for a Federal Highway
AdministraKon’s (FHWA) Categorical Exclusion (CE) (23 CFR 771.117).
• Ground disturbance will exceed 18 inches and may be subject to SecKon 106 analysis.
• If a SecKon 106 analysis is prepared pursuant to NEPA, analysis per EO 21-02 will not be required.
• No technical reports, other than those described in this scope of work, will be required to complete the
NEPA DCE and SEPA Checklist. A screening level hazardous material assessment will be incorporated into
the NEPA documents.
• It is anKcipated that a MDNS will be issued.
• The City will prepare the MDNS with assistance from the Consultant.
• The stormwater report included in 60% design will be sufficient for environmental documentaKon.
• The project will require formal consultaKon under ESA SecKon 7 if it will result in increased impervious
surface area, increased roadway capacity and/or does not provide 100% infiltraKon of all stormwater
within the project area (per the latest guidance from NMFS and WSDOT). The project descripKon, will
include informaKon necessary for iniKaKng consultaKon with NMFS, including volume and area of
excavaKon and fill, exisKng and proposed impervious surface area, locaKon, sizing and efficiency of
City of Arlington – 180th Connector
February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
stormwater treatment and detenKon faciliKes (if required), general construcKon equipment and
methods, avoidance and minimizaKon measures, Kming and duraKon of construcKon acKviKes.
• No hazardous materials are known to exist within the project boundaries.
Deliverables
• Preliminary DraN, DraN, and Final WSDOT ECS Form in Word and PDF
• Preliminary DraN, DraN, and Final Environmental JusKce Technical Memorandum in Word and PDF
• DraN APE DefiniKon Memorandum in Word and PDF
• Final APE DefiniKon Memorandum in PDF
Phase 8 90% Design and Plan Preparation
This phase will begin after the 60% review and comments received by the City and stakeholders. It is assumed
there are no changes in the scope of the project limits or changes in the method of design at the start of this
phase of work. This task will advance the construction plan set to include additional sheet sections and details
that will make it a complete bid-ready package.
Task 1 Finalize Drainage Report
1) Update and finalize the Drainage Report based on 60% comments.
Task 2 Corridor Model
1) Update and finalize the finished surface and detailed grading as a result of the 60% comments.
2) Fine-grade curb ramp details.
Task 3 90% Utility Design
1) Update the typical section to reflect 60% comments.
2) Update the Utility Relocation Plan based on comments and further design details.
3) Submit Utility Relocation Plan for comment.
4) Update Cost estimate.
5) Develop special provisions for non-standard items.
Task 4 Construction Plans
1) Vicinity Map and Index (1)
2) Typical Sections (3)
3) Alignment / Right of Way Plan (6)
4) Removal/TESC Plan (6)
5) Roadway Plan and Profile (6)
6) Intersection Grading and Curb Ramp Plans (3)
7) Paving Plan and Details (10)
8) Illumination Plans / Details (8)
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February 1, 2024
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9) Pavement Marking/Signing Plan (8)
10) Traffic Sequencing Plans (3)
11) Traffic Control Plans (6)
Task 5 90% Estimate
1) 90% Engineer’s Estimate: Develop quantities based on the 90% plans. Assign unit costs for
quantified item and assign lump sum costs to other items based on professional judgment.
Develop a 90% construction cost estimate that includes a 10% contingency.
Task 6 Special Provisions and Front End
1) General and Special Provisions will be developed per the WSDOT and APWA format. We will
identify non-standard items. We will develop a draft construction requirement, materials,
measurement, and payment narratives for non-standard items identified in the contract plans.
2) Update Construction schedule.
3) Request DBE Goals.
4) Bid advertisement narrative development.
Task 7 90% Milestone Meeting
1) 4-hour meeting to be held after the City has reviewed and provided comments to 60% Plans.
2) Support the City with the LAG Prospectus for Construction Funding Authorization.
Understanding
1) This project will be bid as a single project.
2) These estimated efforts assume one bid package submittal.
Deliverables
1) Responses to 60% comments.
2) Final Drainage Report
3) 90% Construction Plans.
4) 90% Construction Manual (Front End and Special Provisions).
5) 90% Cost Estimate
6) Estimated Construction Schedule.
7) Bid Advertisement
Phase 9 Final Design
Task 1 Final Design
1) Final Plan Revisions: Immediately following the receipt of City comments, we will finalize the
construction bid package. The bid package will include all details and specifications required to
meet WSDOT standards and specifications.
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February 1, 2024
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25 N Wenatchee Ave, Suite 238 Wenatchee, WA 98801 Office 509.886.3265 Fax 360.352.1509 scjalliance.com
2) Engineers Estimate: The project estimate will be updated and transferred to the bid proposal
sheet for the bid package.
3) Final Bid Package: This is the last effort in assembling all the contract documents together,
including formatting, table of contents, and merging into a single PDF document for the City.
4) Final Utility Coordination. Submit plans and CAD to utility companies.
5) Submitting Design Approval thru Local Programs.
The completion of this phase will be the start of the public bid advertisement of the project.
Understanding
1) The completion of the 90% review meeting will be the beginning of this phase of work.
2) The completion of this phase will be a full plan, specification, and estimate ready for a publicly
bid process.
Deliverables
1) Contract Manual (plans, specifications, estimate).
2) Updated Summary of Design memorandum.
Phase 10 Bid Support
This phase will begin at the time of bid advertisement for the project. This effort is based upon the City
facilitating traditionally posting and facilitating the bidding process by advertising the project (posting, setting up
online bidding, and bid document uploading). This estimate reflects a support role.
Task 1 Bid Support
1) Prepare written responses to contractor questions (RFI’s) and submit to the City for delivery to
contractors.
2) Review contractor bid proposals and prepare a written recommendation of award.
3) Provide additional support as requested.
Understanding
1) City is uploading the project into an online bidding program and advertising in the newspaper.
2) Estimate one addendum to be issued to the City for plan clarifications to proposed bidders.
Deliverables
1) One addendum package.
2) Bid Tabulation backcheck
3) Recommendation of Award
4) RFI responses submitted to the City via email
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February 1, 2024
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Subconsultants
Phase 11 Geotechnical Services (HWA Geoservices)
HWA Geoservices will be a sub-consultant to SCJ and provide geotechnical services. Please see the attached
scope of work for further details.
Phase 12 Landscape Architecture (MacLeod Reckord)
MacLeod Reckord will be a sub-consultant to SCJ. They will provide the following services to support the team:
• Non-motorized design
• Landscape architecture
• Irrigation design
• Public Outreach support services
Please see their attached scope of work for further details.
Phase 13 Air and Noise (Michael Minor)
Michael Minor will be a sub-consultant to SCJ and provide air and noise assessment services. Please see the
attached scope of work for further details.
Phase 14 Biological Assessment (Parametrix)
Parametrix will be a sub-consultant to SCJ and provide a biological assessment of the project based on NEPA
requirements. Please see the attached scope of work for further details.
Phase 15 Cultural Resources (Plateau)
Plateau will be a sub-consultant to SCJ and provide cultural assessment services. Please see the attached scope
of work for further details.
Phase 99 Expenses
Expenses will be invoiced on a time and material basis and include items such as mileage, plan reproduction,
submittal delivery, copies, etc.
Phase 11 – Geotechnical Investigations (HWA)
11.1 Geotechnical Project Setup
• Project Setup: HWA will initiate the project and set up billing information in support of
invoicing throughout the project.
• Attend Project Kickoff Meeting: HWA will participate in one project kickoff meeting
with the city and the design team. This meeting will review project objectives,
communication protocol and schedule. HWA assumes this meeting will be virtual.
• Collect and Review Available Geotechnical Data: HWA will review readily available
geotechnical information along the project corridor. This review will include online
geotechnical databases, geologic maps, documents provided by the City, and HWA’s
library.
11.2 Phase 1 and 2 Geotechnical Explorations
• Plan Phase 1 and 2 of the Geotechnical Field Exploration Program: HWA will plan
and coordinate Phase 1 and 2 of the geotechnical exploration program for the project.
Phase 1 of the exploration program will consist of conducting one day of machine drilled
geotechnical borings. Phase 2 of the exploration program will consist of conducting 1 PIT
test.
• Site Reconnaissance and Conduct Phase 1 and 2 Utility Locates: HWA will conduct a
geotechnical site reconnaissance of the project corridor. This reconnaissance will be used
to identify geotechnical challenges and to assist in planning the geotechnical exploration
program. During the site reconnaissance HWA will mark the proposed exploration
locations and arrange for utility locates using the Utility Notification Center. HWA will
make additional site visits to verify that the proposed locations of the borings and test pits
are clear of utilities prior to finalizing the exploration plans and mobilizing the
equipment.
• Generate Phase 1 and Phase 2 Geotechnical Exploration Work Plan Figures: HWA
will prepare geotechnical work plan figures for the proposed Phase 1 and 2 exploration
programs. The work plan figures will be submitted to the design team and the City for
review and approval. The work plan figures will show the location, types and access
paths of proposed field explorations. We assume the City or Perteet will provide any
required permits, rights of entry, or approvals at no cost to HWA.
• Conduct Phase 1 Geotechnical Explorations: HWA will conduct one day of
geotechnical borings along the project corridor to assess the subsurface soil and
groundwater conditions along the alignment.
The borings will be drilled to a depth of 20 to 30 feet below ground surface in support of
luminaire foundation design and infiltration screening. These borings will be spaced
approximately equally to cover the project alignment. Drilling spoils will be drummed
and disposed of offsite by the drilling contractor.
HWA will install groundwater monitoring piezometers within two (2) of the proposed
borings to monitor and assess the groundwater fluctuation during the wet season. Data
logging transducers will be installed in the monitoring piezometers to record water levels.
The water level information collected will be used in geotechnical analyses to develop
recommendations for infiltration potential and possible dewatering and construction
impacts.
• Obtain Hydrant Permit and Rent Required Equipment: HWA will work with local
jurisdictions to obtain a hydrant use permit. HWA will also rent the required equipment
to convey water from the nearest fire hydrant to the location of the proposed infiltration
tests. If a hydrant is determined to not be accessible within the vicinity of our proposed
infiltration test locations, a mobile water truck will be utilized.
• Conduct Phase 2 Infiltration Tests: One (1) infiltration test will be conducted within
this scope. This test will be conducted along the gravel roadway currently extending
along the proposed roadway alignment. The infiltration test will be conducted per the
department of ecology requirements. The exact location of the infiltration test will be
determined in the field.
After utilities have been located, HWA will contract with a local contractor to set up the
infiltration test. This preparation will be conducted under traffic control for shoulder work.
The contractor will start by excavating the subsurface soils to the depth of the proposed
infiltration facility. During excavations, HWA will collect geotechnical soil samples from
each location. Water for the test will be obtained from the fire hydrant located at the east
end of the project alignment. We assume 1 day to complete the test and 1 day to conduct
the required soak period. Once the infiltration tests are completed, HWA will reestablish
the grade within the gravel area. Grade will be reestablished by backfilling with compacted
native soils from the excavation. The surface will be reestablished with up to 6-inches of
imported gravel.
• Generate Exploration Logs and Assign Laboratory Testing: HWA will prepare
summary boring and test pit logs and perform laboratory testing to evaluate relevant
physical properties of the site soils. Laboratory testing will include moisture content,
hydrometers, grain-size distribution, and Atterberg Limits.
• Conduct Groundwater Monitoring: HWA will install groundwater monitoring
transducers in each monitoring well. These transducers will be set to take groundwater
elevation readings every half an hour for one (1) year. HWA will make periodic site visits
to download and process the groundwater data. This data will be used to provide the
designer and prospective contractors with seasonal groundwater variations across the site.
11.4 Geotechnical Design Services
• Evaluate Field and Laboratory Data: Based on the borings and the laboratory test
results on selected samples, HWA will generate estimates of the soil strength and other
properties needed to evaluate the effects the subsurface conditions will have on the
proposed improvements.
• Generate AASHTO seismic design parameters: Based on the soils encountered along
the alignment, HWA will determine the Site Class for seismic design. The design spectral
acceleration parameters will then be selected in accordance with the AASHTO
Specifications for Road and Bridge.
• Evaluate Liquefaction Potential: HWA will evaluate the susceptibility of the subsurface
soils to liquefaction along the corridor and assess the potential impacts to the proposed
improvements.
• Conduct Luminaire Foundation Design: HWA will provide geotechnical
recommendations for design and construction of luminaire improvements. We assume
that luminaire foundations will be designed based on WSDOT standard plans and
procedures.
• Pavement Design: HWA will provide pavement design recommendations for the project
corridor.
• Infiltration Test Data Analysis: HWA will evaluate the data obtained from the Phase 2
PIT tests and determine an appropriate long-term infiltration rate for use in design of
potential infiltration facilities.
• HWA QA/QC: All design calculations and recommendations will be reviewed by a
senior principal prior to distribution to the design team or the City of Arlington.
• Project Coordination Meetings: HWA will participate in up to six (6) project
coordination meetings. HWA assumes these meetings will be virtual and 0.5 hours in
duration each.
• Prepare Draft Geotechnical Engineering Report: HWA will prepare a draft
geotechnical report for the project. This report will contain the results of the explorations
and analyses performed during Phases 1 and 2, including descriptions of surface and
subsurface conditions; a site plan showing exploration locations and other pertinent
features; summary coring and boring logs; and laboratory test results. The report will
provide geotechnical recommendations for each of the proposed improvements.
• Prepare the Final Geotechnical Engineering Report: HWA will finalize our
geotechnical report once we receive review comments from Perteet and the City of
Arlington.
• Conduct Plan and Specification Review: HWA will conduct a plan review at the 60
and 90 percent milestones to ensure that the geotechnical aspects of the project have been
properly incorporated into the project plans.
11.6 HWA Project Management
• Invoice Generation and Processing: HWA will prepare monthly invoices and progress
reports for the duration of the design phase of the project.
• Geotechnical Task Management: HWA will provide geotechnical task management to
all geotechnical related aspects of the project. HWA will correspond with the City and
the design team in the form of emails, fax, and telephone calls, as necessary.
Assumptions:
• No hazardous materials report will be completed by HWA
• No FWD testing will be conducted for the project.
• HWA assumes no traffic control will be required for any exploration proposed.
• The subsurface explorations will not be used to assess site environmental conditions.
However, visual and/or olfactory observations regarding potential contamination will be
noted. Analysis, testing, storage, and handling of potentially contaminated soil and
groundwater (either sampled or spoils from drilling) are beyond this scope of services. If
contaminated soils and/or ground water are encountered, the material will be properly
contained on-site for disposal as mutually agreed upon without additional cost to HWA.
• All non-contaminated drilling spoils and related debris will be drummed on site and
transported off site for disposal by the drilling subcontractor.
• The borehole and test pit locations will be surveyed by others.
• Soil samples will be collected from the borings using the Standard Penetration Test (SPT)
at intervals of 2.5 feet.
• The two wells installed as part of this investigation will be maintained throughout design
and abandoned in accordance with WAC requirements by the Contractor during
construction.
Deliverables:
• Phase 1 and 2 Geotechnical Work Plan Figures
• Draft Geotechnical Engineering Report
• Final Geotechnical Engineering Report
MacLeod Reckord PLLC
Landscape Architecture Planning Urban Design
110 Prefontaine Place South, Suite 600
Seattle, Washington 98104
P 206-323-7919
1
Arlington 180th Street Connector
Non-Motorized Design and Landscape Architecture
1/30/2024
Description
The City of Arlington (City) proposes to design a new road that will provide access to the west side of
Arlington Airport and support the fast-growing industrial area located in the Cascade Industrial Center
(CIC). The 180th St Connector will have an E-W alignment connecting Airport Blvd on the east to Smokey
Point Blvd on the west, and include a roundabout at the intersection of Airport Blvd.
Design a new road with two travel lanes and grade-separated pedestrian facilities, a 5-foot-wide
sidewalk on one side and a 12-foot-wide multi-use trail on the other. The roadway will include
pedestrian and street lighting, street amenities (landscaping, benches, trash/recycle receptacles, etc.),
and local area art; it will also include new water, sewer, and storm utilities.
This roadway will be partially located on the Arlington Airport and bordered by an active industrial
development. Approximately 650’ of the new road will be located inside of the CIC/Airport property and
approximately 650’ will be located outside and pass through a horizontal mixed use zoned area.
The following Tasks are the responsibility of MacLeod Reckord:
Task 1 Project Management
• Management: Provide internal management of staff, including review of work for the
duration of the project. This management is for the overall work by MacLeod Reckord rather
than specific tasks.
• QA/QC: Provide senior level QA/QC review of task deliverables before submittal to SCJ and
the City.
• Progress Billings: Prepare a monthly progress invoice. Invoices will show staff hours for
each phase.
• Project Filing: Develop a project filing system and maintain project files in one centralized
location. Periodically purge draft and redundant documents.
Task 2 Public Outreach
• Assist SCJ with public outreach. Attend one in-person event.
Task 3 Preliminary Design
• Non-Motorized Facilities:
− Provide conceptual layout for non-motorized facilities along 180th Street.
2
− Identify existing and potential non-motorized connections to adjacent parcels and
existing trails.
• Provide conceptual layout for parks/open space features, such as pocket parks or gathering
areas. (Note: this sub-task is limited to Preliminary Design, not PS&E).
• Identify potential street crossings.
• Coordinate with SCJ on conceptual layout for stormwater facilities.
• Provide planting concept layout.
Task 4 30% Design
The 30% PS&E as noted below is for the area associated with the Non-Motorized Facility development.
Development of areas beyond the NM Facilities are outside of this scope.
• Coordination Meetings: Collaborate with SCJ and the City on a regular basis to coordinate
30% Design elements. See Understanding for Coordination Meeting schedule assumptions.
• Non-Motorized Facilities:
− Provide 30% layout for non-motorized facilities.
− Identify surfacing materials.
− Identify location and materials for trail connections.
− Coordinate with SCJ on concept level grading for non-motorized facilities.
− Identify areas of planting and irrigation.
− Final 30% hardscape layout will be incorporated into SCJ’s overall plan set.
• Irrigation Concept: Provide irrigation concept plan for all areas proposed for new planting.
Concept level plans will show recommended point of connection, location of main assembly,
and alignment of main line only. Pattern hatching will indicate areas of full irrigation
coverage. Irrigation materials/brands TBD in this phase in collaboration with the City.
• 30% Plans (all sheets 22”x34”):
− Overall Site Plan (1 sheet), for purposes of developing illustrative plan for Task 2. This
plan will be developed at approximately 30% design for online posting.
− Detailed Site Plan, for purposes of developing illustrative plan for Task 2. These plans
will be developed at approximately 30% design for online posting.
− Image Boards, NTS showing photographic images for non-motorized facilities.
− Non-Motorized Facility Plan
− Planting Plan
− Planting Schedule
− Irrigation Plan
• Preliminary Cost Opinion:
− Develop quantities based on 30% plans.
Task 5 60% PSE
The 60% PS&E as noted below is for the area associated with the Non-Motorized Facility development.
3
• Coordination Meetings: Collaborate with SCJ and the City on a regular basis to coordinate
60% Design elements. See Understanding for Coordination Meeting schedule assumptions.
• 60% NMF Plans:
− Irrigation Plan
− Irrigation Details
− Irrigation Schedule, Valve Key, Notes
− Planting Plan
− Planting Details
− Planting Schedule, Notes
− Miscellaneous Construction Details
• 60% NMF Project Cost Opinion:
− Develop quantities based on the 60% plans. Assign unit costs for quantified pay items
and assign lump sum costs to other items based on professional judgment. Develop a
60% construction cost opinion.
• 60% NMF Special Provisions
− Provide an outline of Special Provisions, at approximately 60% plan level, anticipated for
the work that is the responsibility of MacLeod Reckord.
− Coordinate with SCJ on development of outline of Special Provisions for 60% submittal.
Task 6 90% PSE
• Coordination Meetings: Collaborate with SCJ and the City on a regular basis to coordinate
90% Design elements. See Understanding for Coordination Meeting schedule assumptions.
• 90% NMF Plans:
− Irrigation Plan
− Irrigation Details
− Irrigation Schedule, Valve Key, Notes
− Planting Plan
− Planting Details
− Planting Schedule, Notes
− Miscellaneous Construction Details
• 90% NMF Project Cost Opinion:
− Develop quantities based on the 90% plans. Assign unit costs for quantified pay items
and assign lump sum costs to other items based on professional judgment. Develop a
90% construction cost opinion.
• 90% NMF Special Provisions
− Coordinate with SCJ on development of Special Provisions for 90% submittal.
− Prepare Special Provisions using the WSDOT PS&E Program. Write project-specific
special provisions for all non-standard items that are the responsibility of MacLeod
Reckord.
4
Task 7 Final Design (100%)
• 100% NMF Final Bid Documents
− Respond to 90% review comments in a matrix format. Attend one meeting with the City
to resolve comments from the 90% review.
− Update the plans per the 90% review comments.
− Update the quantities to reflect the 90% plan updates.
− Update the Special Provisions to reflect plan updates and 90% review comments.
Understanding
• Coordination Meetings will be assumed to be held monthly with SCJ and/or the City. No
formal meeting notes provided.
• Base survey AutoCAD files provided by SCJ.
• Base AutoCAD files showing roadway layout will be generated and provided by SCJ well in
advance of anticipated delivery dates to clients. Schedule TBD and as mutually agreed.
• SCJ will incorporate the Sidepath layout and grading into their roadway plans after the 30%
submittal. MacLeod Reckord will include Shared Use path plan and profile into their
drawings. Sidepath is defined as trail within a 5’-0” dimension of the edge of curb or travel
lane.
• SCJ to provide format/template for sheet/title block and cost opinion.
• Progress billings will be submitted monthly.
• The support work for Task 2 is variable depending on the needs of the City. The work is
limited to the budgeted amount. Additional support can be provided by amendment.
• No review or input to SEPA anticipated.
Deliverables
• Progress billings submitted to SCJ monthly via email in PDF format.
• Unformatted meeting notes submitted to SCJ if requested.
• Preliminary Plans.
• 30% Plans, Cost Opinion.
• 60% Plans, Cost Opinion, and Special Provisions Outline.
• 90% and 100% PS&E.
Page 1 of 4
To: Dan Ireland, PE
From: Michael Minor, Principal, MM&A
Date: January 23, 2024
Subject Scope and Fee for Noise Study:
180th Street Extension: Airport Boulevard to Smokey Point Boulevard
Noise Analysis Scope of Work for WSDOT/FHWA Compliance
Michael Minor & Associates (MMA) will perform a traffic noise analysis for the 180th Street extension
from Airport Boulevard to Smokey Point Boulevard in Arlington Washington. Because the project will
construct a new roadway in a new location it meets the Type 1 noise analysis required under FHWA and
WSDOT policy. The noise analysis will be based on the guidelines presented in the current Federal-Aid
Policy Guide, Subchapter H, Part 772, Procedures for Abatement of Highway Traffic Noise and
Construction Noise (FHWA 2010) and the 2020 Traffic Noise Policy and Procedures (WSDOT 2020).
MMA will conduct a reconnaissance of the project area to identify all land use types and locate noise-
sensitive properties within approximately 300 feet of the project area as described in the Procedures for
Abatement of Highway Traffic Noise and Construction Noise. Physical and terrain features that affect
noise propagation and features that may be altered during construction shall be identified.
Noise measurements and traffic counts will be conducted at sites as needed to calibrate the traffic noise
model and to ensure a complete description of existing noise levels that are representative of the land
uses along the proposed alignments. An estimate of 4 noise monitoring sites will be needed for this
project.
Two measurement sites, near the existing active roadways, Airport Boulevard and Smokey Point
Boulevard, will be conducted for a 15-minute sampling period during daytime off-peak hours (10 AM to
4 PM) when traffic is moving freely. Traffic counts and classifications will be conducted concurrently
with the noise measurements. Two additional noise measurements will be taken between 43rd Avenue
NE and 37th Drive NE to establish the existing noise levels in an area with no existing roadway. Right-of-
entry to two back yards of residents on 179th Place NE, or to the lot behind the residents, will be
required. An additional noise measurement taken on 178th Place NE as part of the Smokey Point
Boulevard project will also be used to support this project. All noise sources will be noted and those that
may interfere with a determination of noise abatement will be identified.
Traffic noise levels at the two validation measurement site will be predicted using the FHWA Traffic
Noise Model (TNM, version 2.5) using the existing roadway configurations and the traffic counts from
the noise measurement survey. The sound level predictions will be compared with the measured sound
levels to reach a close agreement of ± 2 dB.
Page 2 of 4
Based on-site the site visits, review of aerial mapping, and land use inspection, a set of representative
noise modeling sites will be located throughout the project area. Frequently, one modeling location will
be used to represent several nearby locations expected to have similar or slightly lower noise levels than
the modeling location. The number of modeling sites will be sufficient to accurately predict existing and
future (year 2040) No-Build and future Build traffic noise levels, identify all potential traffic noise
impacts, and evaluate traffic noise abatement measures. It is estimated that 15 to 20 or more noise
modeling sites may be needed to represent noise levels along the project corridor.
Using the validated model, existing peak hour traffic volumes from project traffic engineers will be used
with posted speed limits to calculate existing peak hour noise levels at each of the modeling sites. Traffic
noise level projections will also be performed for the same sites using the future No-Build traffic
volumes. These predicted noise levels will be used for comparison with the future Build noise levels and
to aid in the understanding of the potential change in project area noise levels.
Future Build noise levels during peak hour will also be modeled at the selected noise-sensitive sites with
the proposed new and improved roadways. The future Build traffic noise levels will be compared to the
approach or exceed and allowable increase noise criteria using the WSDOT policy. For residences and
churches, noise impacts occur if future traffic noise levels approach or exceed 66 dBA Leq during peak
hours.
In accordance with FHWA and WSDOT requirements, noise abatement measures will be considered at
locations along the alignments where traffic noise impacts are predicted. It is assumed at this time that
noise abatement measures considered will be limited to noise walls, however, there may be sufficient
right-of-way to consider berms in part of the corridor. Michael Minor & Associates will provide the
location, length, height, profile, estimated cost (using WSDOT policy), and number of benefiting noise-
sensitive properties for each proposed barrier. This information will be used for comparison with
WSDOT criteria for reasonable and feasible noise abatement.
Based on Base-of-Wall (BOW) elevations from the survey team, Top-of-Wall (TOW) elevations will be
optimized for each wall panel to meet WSDOT criteria for insertion loss and benefited receivers. Once
the wall optimization is complete, the BOW/TOW will be transferred back to the design team for review
and comment. Up to three iterations of the TOW are expected. Once finalized, a complete set of data
including noise level with and without abatement, cost, and individual wall heights by station number
will be produced. Graphis and tables will also be prepared to aid in the understanding of the final noise
wall specifications.
For those areas with noise impacts and no reasonable and feasible noise abatement measures, the
analysis will provide a discussion for these impacts and specifically note reasons for not including any
noise abatement.
Construction activities that may cause annoyance at nearby noise-sensitive land uses will be
qualitatively assessed in accordance with WSDOT’s procedures. Michael Minor & Associates will discuss
local laws applying to construction noise.
Michael Minor & Associates will prepare a noise technical report summarizing the finding of the noise
study. The contents will include an introduction to acoustics and discuss land use, methodology, existing
Page 3 of 4
noise levels, future No-Build and Build noise levels, noise impacts, and recommended mitigation. The
report will follow the WSDOT policy for a traffic noise technical analysis. It will provide existing and
proposed alignments on vicinity-scale maps. Impacts, monitoring locations, and sensitive receivers will
be shown on area maps at an appropriate scale. Tables, with comparisons, will be prepared to aid in the
understanding of project impacts and mitigation. A discussion of potential impacts on future land uses in
the context of existing and planned land uses will be provided. Construction noise impacts and local
regulations, as described above, will be discussed. The initial report will be submitted in Microsoft (MS)
Word format for review and comments from the OWNER, Perteet, project shareholders, and WSDOT.
After revisions based on the comments are completed, a final report will be produced in PDF electronic
format.
Detailed Noise Analysis Assumptions:
> Roadway Design Information: CAD files in AutoCAD Civil 3D or MicroStation for the existing
roadway alignment and proposed roadway alignment, including aerial photo(s), will be provided by
the project engineers.
> Traffic Data: Peak hour traffic information (PM peak), including turning movements for major
arterial cross streets, including Smokey Point at 180th NE, 180th NE at Airport Boulevard (51st
Avenue NE) and 43rd Avenue NE, will be provided by project traffic engineers. The traffic data will
include existing, future No-Build and future Build volumes, posted and proposed speed limits, flow
control measures, and percentage of vehicle types (e.g., passenger vehicles, medium trucks, and
heavy trucks).
NOTE: The project design and traffic information are required for a noise study receiving federal or state
funds. Correct traffic data is critical for the study, and the study cannot be performed without the
requested data. MMA is not allowed to derive traffic data; it must come from the traffic engineers and
contain all requested information. Please make sure the traffic engineering team is aware of the data
needs for the noise study.
Detailed Noise Analysis Deliverables:
> Noise analysis technical report (draft and final)
> Noise monitoring sheets and details
> Noise wall locations and heights (where applicable)
> TNM files
Detailed Noise Analysis Time Frame:
Typical time to complete a noise analysis of this type is 8 to 12 weeks from NTP assuming all necessary
data are provided by the project team.
Detailed Noise Analysis Cost:
The additional cost estimate for this task is $24,641. See the attached budget worksheet for a
breakdown of labor costs and reimbursable items.
Endangered Species Act Compliance (Parametrix)
Subtask 1 No-Effect Assessment
1) Project Introduction/Preparation: Before initiating substantive effort on this task, a Parametrix
biologist will work with environmental staff from WSDOT Local Programs to confirm the
appropriate level of documentation. Based on the anticipated absence of suitable habitat for
ESA-listed species at and near the project site, it is assumed that a No-Effect Assessment (NEA)
will be deemed appropriate. Consultant staff will review background information, including the
U.S. Fish and Wildlife Information for Planning and Consultation website and other mapped
resource data for the study area. Also, a project management plan and health and safety plan
will be developed before fieldwork commences.
2) Site Visit: The NEA authors will conduct a one-day site visit to gain familiarity with habitat
conditions in the project area. The site visit will include an assessment of conifer-dominated
stands within 400 feet of the proposed project alignment, to determine the presence or absence
of potentially suitable nest platforms for marbled murrelets.
3) No-Effect Assessment: The Consultant will prepare an NEA using the document template
provided by WSDOT and following the methods established in WSDOT’s Advanced Training
Manual for Biological Assessment Preparation for Transportation Projects. The NEA will analyze
potential direct and indirect effects on Endangered Species Act (ESA)-listed species and critical
habitat potentially present in the action area defined for the project. The NEA will also evaluate
the potential for adverse effects on essential fish habitat (EFH), as required by the National
Marine Fisheries Service. Based on the possibility that construction of a new roadway corridor
may hasten the development or redevelopment of nearby parcels, the NEA will also address
potential impacts related to facilitated development.
4) The Consultant will communicate and coordinate with project team members who are preparing
the NEPA and SEPA documentation for this project. Coordination will consist of reviewing draft
documents and providing suggested revisions, as needed, to be consistent with the findings of
the ESA analysis.
5) Consultant staff will perform project set-up and engage in periodic meetings and billing through
the duration of this task.
Understanding
♦ The NEA will evaluate potential impacts on the following species: North American wolverine,
marbled murrelet, yellow-billed cuckoo, and northwestern pond turtle.
♦ Based on the expectation that soils at and near the project site have the capacity to infiltrate all
stormwater runoff, it is assumed that contaminants in runoff from pollution-generating
impervious surfaces will not enter any waters with a direct hydrologic connection to fish-bearing
waters. As such, the project will have no potential to affect ESA-listed fish, critical habitat that
has been designated for those species, or EFH that has been designated under the Magnuson-
Stevens Fisheries Management Act. It is assumed that the infiltration capacity of project-area
soils will be confirmed through the geotechnical report, which is being developed under a
separate task.
♦ Based on (a) stormwater treatment that the City would require for any future development
projects in the action area and (b) the anticipated infiltration capacity of project-area soils, any
future development projects that might be hastened by this project are not expected to have the
potential to affect ESA-listed species, critical habitat, or EFH.
♦ There will be no federal nexus (i.e., funding, permitting, authorization) for geotechnical
investigations performed for this project; therefore, a review of the potential for those
investigations to affect ESA-listed species and designated critical habitat will not be needed.
♦ Preparation of the NEA will entail the use of geographic information systems (GIS) to develop
one figure, depicting the project action area. Other figures (e.g., vicinity map, depictions of
project features) will be drawn from other reports prepared for this project.
♦ If it is determined that the project has the potential to affect ESA-listed species or critical
habitats, development of a biological assessment to support consultation with the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service will be addressed under a separate
scope and budget.
♦ Work on this task will take place over the course of approximately 10 months.
♦ The NEA will undergo one round of review and revision with the CITY before being submitted to
WSDOT Local Programs for one round of review, comment, and revision.
♦ The Consultant will provide up to 16 hours of communication and coordination with project team
members who are preparing the NEPA and SEPA documentation for this project.
Deliverables
♦ Draft and Final NEA, submitted via email in PDF format
January 29, 2024
Dan Ireland
SCJ Alliance
108 N Washington Street #300
Spokane, Washington 99201
Dear Dan,
Thank you for requesting a proposal from Plateau CRM for cultural resource survey of the
Arlington 180th Connector Project in Snohomish County. Attached is a confidential project price
proposal that allows for 100% survey coverage and targeted subsurface probing of the Project
Area.
Once this agreement is executed, we will start the background review and will prepare for
fieldwork. We need the ground to be clear of snow and the weather to be above freezing for an
effective field investigation, so we will work with your office and watch the weather for
acceptable conditions.
If there will be any geotechnical work or utility potholing on this project, we would appreciate
the opportunity to coordinate our schedule with that work.
Feel free to contact me if you have any additional questions.
Sincerely,
David Harder
Enclosure: Project Price Proposal
PROJECT PRICE PROPOSAL
By
Plateau Archaeological Investigations, LLC
dba Plateau CRM
P.O. Box 714, Pullman, Washington 99163
To: SCJ Alliance
Project: Arlington 180th Connector Project Cultural Resource Survey, Snohomish
County, Washington
Date: January 26, 2024
Price: $14,675.00
Signatures:
Dan Ireland Date
SCJ Alliance
January 29, 2024
David A. Harder, Vice President Date
Plateau CRM
Arlington 180th Connector Project Cultural Resource Survey Price Proposal
Plateau CRM ~ 2023 2
SCJ Alliance is preparing to complete the Arlington 180th Connector Project in Arlington,
Washington. The road construction will connect Smokey Point Boulevard and 43rd Avenue
Northeast along a stretch of previously undeveloped land. The Project Area covers
approximately 10.2 acres and lies in Section 21 of Township 31 North, Range 05 East, Willamette
Meridian. Please review the attached map to verify the project location.
This project will require a National Environmental Policy Act (NEPA) assessment. As such, this
project falls under Section 106 of the National Historic Preservation Act. The client must comply
with Section 106 and is required to obtain a Cultural Resource Survey prior to any ground–
disturbing work.
If any cultural resources are identified through the study, Plateau CRM will utilize a risk
management strategy in the field that will seek to determine the horizontal and vertical limits
within the project area and identify any potential effects. Plateau CRM will then utilize the
professional and timely identification of any known or previously unrecorded cultural resources
and then recommend viable management strategies or actions, thus, satisfying regulatory
oversight and helping reduce the impact and the risk of found artifacts upon a project’s timeline
and approval process.
This cultural resource investigation will include a review of the Washington Information System
for Architectural and Archaeological Records Data (WISAARD) database maintained by the
Department of Archaeology and Historic Preservation (DAHP) in Olympia, a background
literature review, informal contact with the interested tribe(s), a pedestrian ground survey, and
the preparation of a report. The fieldwork will be completed in a manner consistent with RCW
27.53.030 and will include inspection techniques to identify both surface and subsurface
archaeological resources. The proper field methods will be completed, at the archaeologist’s
discretion, depending upon information obtained during the background review and fieldwork.
An unmanned aerial vehicle may be deployed for project mapping. Subsurface inspections could
involve shovel excavations, or mechanical auger excavations, and screening of the fill to identify
the nature and extent of any potential archaeological resources.
1 This agreement is for a cultural resource investigation of the areas to be impacted during the
proposed Arlington 180th Connector Project, Snohomish County, Washington. The purpose
of the investigation is to identify any cultural resources which may be adversely affected by
the project.
1.1 The area of potential effect to be investigated is the physical location of the proposed
disturbances required by the project.
2 Plateau CRM will conduct the cultural resource survey.
Arlington 180th Connector Project Cultural Resource Survey Price Proposal
Plateau CRM ~ 2023 3
3 This project will consist of a background search, field investigation of the project area to
identify any cultural resources, research of public documents to help identify potential
traditional cultural properties, and preparation of a report.
3.1 The report will include an inadvertent discovery plan to meet the requirements of
DAHP
3.2 This proposal does not include interviewing tribal elders to help identify possible
Traditional Cultural Properties.
4 If cultural resources are located during this project, further work, investigation, or analysis
may be required to evaluate whether the resource(s) is/are eligible for inclusion on the
National Register of Historic Places; this survey could result in a recommendation for
professional archaeological monitoring during excavation activities at project execution or
other additional work; any such additional work, investigation, evaluation, or analysis is not
included in this price proposal.
4.1 This proposal does not include the inventory or formal National Register of Historic
Places (NRHP) evaluation of any buildings, bridges, or other structures near the
project area whose evaluation may be requested by interested or other parties.
5 An email describing the findings of the field investigation will be sent to Dan Ireland of SCJ
Alliance within five working days of completion of the fieldwork. The correspondence will
include preliminary recommendations regarding project monitoring or any other suggestions
for additional work.
5.1 An electronic draft copy of the report in Portable Document Format (PDF) will be
provided to SCJ Alliance within twenty working days of completion of the fieldwork.
5.2 Any review and comment upon the draft report will be provided to Plateau CRM
within thirty days of receiving the draft report.
5.3 Plateau CRM will upload the final report to the DAHP's WISAARD portal and provide
contact information to request a review of the documentation. Since the submittal
process varies by funding and permitting agency, Plateau CRM will assist with
submissions and verify that the reports are submitted with all appropriate cover
sheets and/or exhibits.
6 SCJ Alliance agrees to provide any of the following that are available or possible:
6.1 All available correspondence related to cultural resources from or to the funding or
permitting agency, DAHP, or any other interested parties.
6.2 The most current set of project plans, preferably in an electronic format.
6.3 Geographic Information System (GIS) data for the project.
6.4 Inclusion of Plateau CRM's logo on the construction sign for the project.
Arlington 180th Connector Project Cultural Resource Survey Price Proposal
Plateau CRM ~ 2023 4
Aerial map showing the Arlington 180th Connector Project
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 07/30/2021
Exhibit D
Prime Consultant Cost Computations
SCJ Alliance
Client:
Project:
Job #:Template Version:
File Name: Labor Estimate.xlsm Contract Type:
Consultant Fee Determination
DIRECT SALARY COST
Classification Hours Direct Hourly Rate Amount
Principal 275.0 $80.00 $22,000.00
E4 Engineer 283.0 $54.00 $15,282.00
E3 Engineer 1,252.0 $44.00 $55,088.00
T2 Technician 532.0 $30.00 $15,960.00
Senior Consultant 54.0 $83.00 $4,482.00
Graphic Designer 58.0 $30.00 $1,740.00
Project Accountant 38.0 $40.00 $1,520.00
Total Direct Salary Cost $116,072.00
OVERHEAD
Overhead Rate: 166.19% Direct Salary Cost:$116,072.00 Overhead Cost $192,900.06
FIXED FEE
Fixed Fee Rate: 29.00% Direct Salary Cost:$116,072.00 Fixed Fee Cost $33,660.88
TOTAL SALARY COST Total Salary Cost $342,632.94
SUBCONSULTANTS Yes
$61,841
$119,758
$24,242
$32,618
$14,685
x
Subconsultant Fee Subtotal:$0 $253,144.00
Q Subconsultant Markup:0%$0.00
REIMBURSABLE EXPENSES
Copies, Printing, etc. 0.1% of the Direct Salary Costs $342.63
Mileage 1,500 miles at $0.655 per mile $982.50
Expenses Subtotal:$1,325.13
Expenses Markup:0%$0.00
SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES)
Subtotal (Salary, Subconsultants and Expenses)$597,102.07
MANAGEMENT RESERVE FUND (MRF)
Management Reserve: $0 $0.00
Total Estimated Budget: $597,102.07
HWA Phase 11 Select Phase
Phase 13 Select Phase
MacLeod Reckord Phase 12 Select Phase
Consultant Fee Determination Summary - Exhibit D-1
180th St Connector
8/17/2023Enter Project Number
Plateau Phase 15 Select Phase
Parametrix Phase 14 Select Phase
Michael Minor
LAG Contract
City of Arlington
2/2/2024 Page 24
City of Arlington - 180th Connector
DBE Plan
Estimated Fee
Non DBE 66%
SCJ 58%$343,958
Parametrix 5%$32,618
Plateau 2%$14,685
DBE 34%
HWA 10%$61,841
Michael Minor 4%$24,242
MacLeod Reckord 20%$119,758
Grand Total 100%$597,102
DBE Goal 19%
Estimated DBE Planning
July 6, 2023
Shea, Carr & Jewell, Inc. (dba SCJ Alliance)
8370 Tallon Lane NE, Suite 200
Lacey, WA 98516-6642
Subject: Acceptance FYE 2022 ICR – CPA Report
Dear Heather Seago:
We have accepted your firms FYE 2022 Indirect Cost Rate (ICR) of 166.19% of direct
labor (rate includes 0.28% Facilities Capital Cost of Money) based on the “Independent
CPA Report,” prepared by Stambaugh Ness. This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate may be subject
to additional review if considered necessary by WSDOT. Your ICR must be updated on
an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards;
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:BJO
SCJ Alliance
Client:
Project:
Job #:
Direct Labor Overhead Fee Total Hourly
Rate Ranges 166.19% 29.00% Billing Rates
NTE NTE NTE NTE
1 Principal $132.15 $219.63 $38.32 $390.11
2 Senior Consultant $105.92 $176.02 $30.72 $312.65
3 Senior Project Manager $92.11 $153.08 $26.71 $271.90
4 PM3 Project Manager $77.00 $127.97 $22.33 $227.30
5 PM2 Project Manager $70.00 $116.33 $20.30 $206.63
6 PM1 Project Manager $52.00 $86.42 $15.08 $153.50
7 Senior Engineer $64.29 $106.84 $18.64 $189.78
8 E4 Engineer $60.00 $99.71 $17.40 $177.11
9 E3 Engineer $56.68 $94.20 $16.44 $167.31
10 E2 Engineer $49.47 $82.21 $14.35 $146.03
11 E1 Engineer $39.12 $65.01 $11.34 $115.48
12 Senior Landscape Architect $61.79 $102.69 $17.92 $182.40
13 L4 Landscape $53.08 $88.21 $15.39 $156.69
14 L3 Landscape $45.00 $74.79 $13.05 $132.84
15 L2 Landscape $41.14 $68.37 $11.93 $121.44
16 L1 Landscape $34.00 $56.50 $9.86 $100.36
17 Senior Planner $71.00 $117.99 $20.59 $209.58
18 P4 Planner $52.17 $86.70 $15.13 $154.00
19 P3 Planner $45.00 $74.79 $13.05 $132.84
20 P2 Planner $39.48 $65.61 $11.45 $116.54
21 P1 Planner $36.30 $60.33 $10.53 $107.15
22 Senior Technician $53.00 $88.08 $15.37 $156.45
23 T4 Technician $48.26 $80.20 $14.00 $142.46
24 T3 Technician $40.62 $67.51 $11.78 $119.91
25 T2 Technician $36.00 $59.83 $10.44 $106.27
26 T1 Technician $34.34 $57.07 $9.96 $101.37
32 Construction Inspector $33.17 $55.13 $9.62 $97.91
35 CI 4 Construction Inspector $72.97 $121.27 $21.16 $215.40
38 Graphic Designer $46.00 $76.45 $13.34 $135.79
39 PC 2 Project Coordinator $45.85 $76.20 $13.30 $135.34
40 PC 1 Project Coordinator $36.35 $60.41 $10.54 $107.30
41 Project Accountant $66.00 $109.69 $19.14 $194.83
42 IT Specialist $60.93 $101.26 $17.67 $179.86
43 Senior Marketing Coordinator $57.00 $94.73 $16.53 $168.26
44 Marketing Coordinator $41.02 $68.17 $11.90 $121.09
45 Communications Manager $57.00 $94.73 $16.53 $168.26
46 Information Services Manager $72.12 $119.86 $20.91 $212.89
Invoiced hourly billing rates may be less than the rate shown per job classification, but may not exceed the NTE rate.
LAG Agreement
Actuals Not To Exceed Billing Rate Table (ANTE)
Effective July 1, 2023 to June 30, 2024
City of Arlington Council Agenda Bill
Item: CA #4 Attachment D
April 1, 2024
Design Professional Services Agreement with Dowl Engineering – Perimeter Fencing Improvements Project
Professional Services Agreement
Airport; Lorene Robinson, Operations Coordinator 360-403-3472 EXPENDITURES REQUESTED: Amount Not to Exceed $62,634.00 BUDGET CATEGORY: CIP Fund BUDGETED AMOUNT: LEGAL REVIEW:
Arlington Airport) for the Perimeter Fencing Improvements Project - design services. This project will involve the design for removal and replacement of approximately 4,600 linear feet of existing 3-wire perimeter fence at the southwest, south, and southeast corners of the airport with new 8-foot chain link fence. The proposed fence will include 3-strand barbed wire per FAA technical specifications. Airport staff will be applying for grant funding, and it is anticipated that the City will receive 90% in FAA Bipartisan Infrastructure Law (BIL) grant funding and 5% in WSDOT grant funding.
standard 8-foot chain-link fence with 3-strand barbed wire. The proposed fencing improvements will also reduce potential wildlife hazards on airport property per FAA-approved Wildlife Hazard Management Plan. The perimeter fence is critical for compliance with 14 CFR 139.335 Public Protection and 139.337 Wildlife Hazard Management. Remand to staff for additional information. I move to approve the professional services agreement for design services with Dowl Engineering, LLC in the amount not to exceed $62,634.00; and to approve the FAA and WSDOT grant offers, subject to grant award, for design services for the Perimeter Fencing Improvements Project and authorize the Mayor to sign the documents, subject to final review by the City Attorney.
PROFESSIONAL SERVICE AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this 1st day of April, 2024 by
and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter
referred to as the "CITY" or “OWNER” and, Dowl, LLC hereinafter referred to as the
"CONSULTANT".
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the CONSULTANT represents that the CONSULTANT is qualified and
possesses sufficient skills and the necessary capabilities, including technical and professional
expertise, where required, to perform the services and/or tasks set forth in this Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services.
The CONSULTANT shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof,
as are identified and designated as CONSULTANT responsibilities throughout this
Agreement and as detailed in Exhibit A, attached hereto and incorporated herein (the
"Project"). CITY has relied upon the qualifications of CONSULTANT in entering into
this Agreement. By execution of this Agreement, CONSULTANT represents it
possesses the ability, skill and resources necessary to perform the work and is familiar
with all applicable current laws, rules and regulations which reasonably relate to the
Scope of Services detailed in Exhibit “A” hereto. CONSULTANT shall exercise the
degree of skill and diligence normally employed by professional consultants engaged
in the same profession, and performing the same or similar services at the time such
services are performed. CONSULTANT will be responsible for the technical accuracy
of its services and documents resulting therefrom, and CITY shall not be responsible
for discovering deficiencies therein. CONSULTANT agrees to correct any deficiencies
discovered without additional compensation, except to the extent such deficiencies
are directly attributable to deficiencies or omissions in City-furnished information.
PROFESSIONAL SERVICE AGREEMENT 2
2. Term.
The contract shall be completed by December 31, 2024, 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 $62,634.00
for all work performed and expenses incurred under this contract.
4. Reports and Inspections.
4.1 The CONSULTANT at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The CONSULTANT shall at any time during normal business hours and as often as
the CITY or State Auditor may deem necessary, make available for examination
all of its records and data with respect to all matters covered, directly or
indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the CONSULTANT'S activities. The CITY may, at
its discretion, conduct an audit at its expense, using its own or outside auditors,
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
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:
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
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.
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:
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);
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
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
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
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.
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.
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.
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
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
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
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
Page 1 of 5
TASK ORDER #3
EXHIBIT A: SCOPE OF WORK
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project
Phase 1: Design
This project will be completed under the Professional Services Agreement between the City of Arlington and
DOWL, LLC, dated XX/XX/2024.
Project Description
This project includes the following improvements to the Arlington Municipal Airport (AIRPORT), as shown in
the attached Figure 1.
Airport Perimeter Fencing (AIP Eligible):
1. Removal and replacement of approximately 4,600 linear feet of existing 3-wire perimeter fence at the
southwest, south, and southeast corners of the airport adjacent to 51st Ave NE, 172nd St NE, and
59th Ave NE with new 8-foot chainlink fence. New fence will include 3-strand barbed wire per FAA
Technical Specification F-162 contained in FAA AC 150/5370-10H. Approximately two vehicle (2)
manual swing gates will be installed in the new fence; one will be installed on the south to provide
FAA maintenance access to the MALSR approach lighting system, and one will be installed along 59th
Ave NE to replace an existing access point for airport maintenance or tenant hangars.
Non-BIL Eligible Work:
1. New chainlink perimeter fence will receive black vinyl coating. Costs for upgrading 8’ chainlink fence
to black vinyl coated chainlink fence will be contained in a separate bid schedule and will be non-BIL
eligible.
01/23/2024.
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project
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 eight (8) 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 eight (8) 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.
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
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:
a) Underground utilities will be pre-marked using a private Utility Locate Service.
b) The CONSULTANT survey personnel are not allowed by Washington State Law to enter manholes,
vaults, or other structures defined as confined spaces. Measurements to confined spaces will be made
from the surface.
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project
Phase 1: Design
Page 3 of 5
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
1 Construction Safety and Phasing Details
1 Site Preparation / Temporary Erosion & Sediment Control Plan
1 Fencing Layout Plan
2 Fencing Details
1 Gate and Buried Skirt Details
10 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, lighting and electrical
design, and marking 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
Airports During Construction. This CSPP will submitted to the FAA for review prior to the 90%
submittal.
Assumptions:
a) The AIRPORT will provide contact information for all franchise utility companies located within the
project limits.
b) The CONSULTANT will upload the CSPP to the FAA online OE/AAA portal.
c) The CONSULTANT will prepare and submit 7460’s as separate cases for all proposed stockpiles, haul
routes, and temporary construction areas within the Air Operations Area (AOA).
d) SEPA: The City of Arlington, as a SEPA Lead Agency, has determined that a SEPA checklist is not
required.
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project
Phase 1: Design
Page 4 of 5
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.
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
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project
Phase 1: Design
Page 5 of 5
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 BIL Grant Application, including FAA Development Project Schedule.
b) Assist with preparation of WSDOT Aviation Airport Aid Grant Application.
c) Assist the AIRPORT with general management of FAA BIL grant and WSDOT grant for this project.
d) 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.
e) 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.
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Client:Arlington Municipal Airport (AWO)
Project: 2024 Fencing Improvements Project Date: 1/19/2024
Phase: 01 - Design
LABOR:
TASK Senior Project Engineering Prof. Land 2-Person Survey Acct.
NO.TASK (Scope of Services)Manager III Manager VII Engineer IV Tech. VI Surveyor X Survey Crew Technician V Tech.TOTAL LABOR
265.00 245.00 175.00 170.00 215.00 220.00 115.00 115.00 HOURS COST
1.1 Project Management 0 14 25 0 0 0 0 16 55 9,645$
a Scope Development 4 4 8 1,680$
b General Project Management (8 months)4 12 16 32 4,920$
c FAA Predesign Meeting 1 3 4 770$
d 90% Submittal Review Meeting 1 3 4 770$
e Additional Coordination Meeting 1 3 4 770$
f Subconsultant Coordination 3 3 735$
1.2 Topographic Survey 0 2 4 2 8 14 10 0 40 7,480$
a Office Preparation 2 2 2 2 8 1,590$
b Establish Temporary Project Control 2 2 4 870$
c Private Utility Locates 0 -$
d Field Survey 2 10 12 2,630$
e Prepare Civil 3D Basemap 2 2 8 12 1,690$
f Engineer On-Site Review 4 4 700$
1.3 90% Design 6 16 45 25 6 0 0 14 112 20,535$
a Site Conditions Review 6 6 12 2,520$
b 90% Construction Plans 1 10 8 19 3,635$
Cover Sheet 1 1 170$
Drawing Notes, Abbreviations and Legend 1 1 170$
Survey Control plan 2 6 8 1,630$
Construction Safety & Phasing Plan 2 6 8 1,370$
Construction Safety & Phasing Details 1 1 170$
Site Preparation / TESC Plan 1 2 3 515$
Fencing Layout Plan 2 4 6 1,030$
Fencing Details 2 4 6 1,030$
Gate and Buried Skirt Details 2 4 6 1,030$
c 90% Contract Documents 2 8 2 12 2,160$
d 90% Engineer's Estimate 1 6 7 1,315$
e 90% Engineer's Design Report 1 8 2 11 1,895$
f 100% Construction Safety & Phasing Plan (CSPP)1 8 2 11 1,895$
1.4 Final PS&E Submittal 1 6 32 8 0 0 0 6 53 9,385$
a 90% Comment Response 1 2 3 595$
b 100% Construction Plans 1 6 8 2 17 2,885$
c 100% Contract Documents 1 8 2 11 1,875$
d 100% Engineer's Estimate 1 6 7 1,295$
e Final Engineer's Design Report 1 1 8 2 12 2,140$
f Strategic Event Form 1 2 3 595$
1.5 Grant Assistance 0 6 20 0 0 0 0 0 26 4,970$
a FAA Grant Application 1 2 3 595$
b WSDOT Aviation Grant Application 1 2 3 595$
c Grant Management (FAA & WSDOT)1 2 3 595$
d FAA Quarterly Reports (4) & Annual Report (1)1 2 3 595$
e FAA Closeout Report & Final Payment Summary 2 12 14 2,590$
1.6 Bidding Support 0 8 24 0 0 0 0 0 32 6,160$
a Respond to Contractor Questions 1 8 9 1,645$
b Pre-Bid Meeting 4 8 12 2,380$
c Addenda (2)2 4 6 1,190$
d Bid Tabulation & Rec. of Award 1 4 5 945$
Labor Subtotal 7 52 150 35 14 14 10 36 318 58,175$
Expenses
Mileage (Engineer Site Visits - per vehicle)5 Trips @ 100 0.655$ / mile (IRS 2023 Rate)328$
Mileage (Survey)2 Trips @ 100 0.655$ / mile (IRS 2023 Rate)131$
Plotting / Reproductions (Submittals & Bid Docs)1,500$
Total Expenses 1,959$
Subconsultants Subconsultant Cost Markup
APS (Utility Locates) 2,500$ 0% 2,500$
Total Subconsultants 2,500$
TOTAL FEE (Phase 1 - Design)62,634$
EXHIBIT B-1: CONSULTANT FEE ESTIMATE V2
DOWL PROJECT TEAM
Subconsultant - See Below (APS)
Miles / Roundtrip x
Miles / Roundtrip x
\\dowl.com\j\Projects\23\15205-00\Contracting\Scope and Fee\Task 3 - Perimeter Fencing - Design\Detailed Fee Analysis\Backup\Detailed Fee Analysis.xlsx
City of Arlington Council Agenda Bill
Item: CA #5 Attachment E
COUNCIL MEETING DATE: April 1, 2024
Professional Services Agreement with Dowl Engineering – 2024 Taxiway Alpha Mill and Overlay Project
Professional Services Agreement
Airport; Lorene Robinson, Operations Coordinator 360-403-3472 EXPENDITURES REQUESTED: Amount Not to Exceed $290,788.00 BUDGET CATEGORY: CIP Fund
LEGAL REVIEW:
Arlington Airport) for the 2024 Taxiway Alpha Mill and Overlay Project - design services. This project will involve the design of a 3-inch mill and overlay of Taxiway Alpha and taxiway connectors. There also will be reconstruction, lighting removal/installation, and additional width added to connecters A1 and A4 to conform to FAA standards. Rehabilitation of Taxiway Alpha will maintain the structural integrity of the pavement to safely support current and future operations as well as to ensure the continued sustainability of the airport. Airport staff will be applying for grant funding, and it is anticipated that the City will receive 90% in FAA grant funding and 5% in WSDOT grant funding. HISTORY: 2024. A mill and overlay of Taxiway Alpha is necessary to extend the pavement life and to improve safety by bringing connector taxiway configurations into compliance with FAA design standards.
amount not to exceed $290,788.00; and to approve the FAA and WSDOT Grant offers, subject to grant award for design services for the 2024 Taxiway Alpha Mill and Overlay Project, and authorize the Mayor to sign the documents, subject to final review by the City Attorney.
PROFESSIONAL SERVICE AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this 1st day of April, 2024 by
and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter
referred to as the "CITY" or “OWNER” and, Dowl, LLC hereinafter referred to as the
"CONSULTANT".
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the CONSULTANT represents that the CONSULTANT is qualified and
possesses sufficient skills and the necessary capabilities, including technical and professional
expertise, where required, to perform the services and/or tasks set forth in this Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services.
The CONSULTANT shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof,
as are identified and designated as CONSULTANT responsibilities throughout this
Agreement and as detailed in Exhibit A, attached hereto and incorporated herein (the
"Project"). CITY has relied upon the qualifications of CONSULTANT in entering into
this Agreement. By execution of this Agreement, CONSULTANT represents it
possesses the ability, skill and resources necessary to perform the work and is familiar
with all applicable current laws, rules and regulations which reasonably relate to the
Scope of Services detailed in Exhibit “A” hereto. CONSULTANT shall exercise the
degree of skill and diligence normally employed by professional consultants engaged
in the same profession, and performing the same or similar services at the time such
services are performed. CONSULTANT will be responsible for the technical accuracy
of its services and documents resulting therefrom, and CITY shall not be responsible
for discovering deficiencies therein. CONSULTANT agrees to correct any deficiencies
discovered without additional compensation, except to the extent such deficiencies
are directly attributable to deficiencies or omissions in City-furnished information.
PROFESSIONAL SERVICE AGREEMENT 2
2. Term.
The contract shall be completed by December 31, 2024, 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 $290,788.00
for all work performed and expenses incurred under this contract.
4. Reports and Inspections.
4.1 The CONSULTANT at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The CONSULTANT shall at any time during normal business hours and as often as
the CITY or State Auditor may deem necessary, make available for examination
all of its records and data with respect to all matters covered, directly or
indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the CONSULTANT'S activities. The CITY may, at
its discretion, conduct an audit at its expense, using its own or outside auditors,
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
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:
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
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.
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:
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);
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
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
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
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.
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.
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.
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
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
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
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
Page 1 of 8
TASK ORDER #2
EXHIBIT A: SCOPE OF WORK
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 1: Design
This project will be completed under the Professional Services Agreement between the City of Arlington and
DOWL, LLC, dated XX/XX/2023.
Project Description
This project includes the following improvements to the Arlington Municipal Airport (AIRPORT), as shown in
the attached Figure 1.
Taxiway A1 & A4 Reconstruction / Realignment / Narrowing (AIP Eligible):
1. Realign and reconstruct Connector Taxiway A1 and Connector Taxiway A4 geometry conforming
with Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5300-13B Airport Design.
Connector Taxiways A1 and A4 will be designed to meet Taxiway Design Group (TDG) 3 standards,
with a minimum 50-foot width. Connector Taxiways A1 and A4 are eligible for TDG 2 standards, with
a minimum 35-foot width. The additional pavement required for TDG 3 standards will not be eligible
for FAA funding, and will be funded by the AIRPORT. Existing large swaths of excess pavement will
be removed. Existing taxiway pavement section base course and subbase course will be preserved to
the extent feasible where new taxiway layouts overlap existing taxiway pavement.
Taxiway A1 & A4 Additional Width (Non-AIP Eligible)
1. The AIRPORT is experiencing greater numbers of large business jet aircraft within TDG 3. Due to the
increased TDG 3 demand, the AIRPORT requests that Connector Taxiways A1 and A4 are designed to
meet TDG 3 standards. The additional pavement required to increase the taxiway from TDG 2 to TDG
3 will not be eligible for FAA funding, and will be funded by the AIRPORT. Non-AIP pavement areas
will be clearly shown on the project plans, and will be included on a separate bid schedule that will
not be included in the basis of award.
Taxiway A/A2/A3 Mill & Overlay (AIP Eligible):
1. Mill and overlay of Taxiway A, full length. Overlay is anticipated to match existing apron and
taxilanes east of the taxiway. Minor additional milling and overlay may be required to transition
short segments of apron and taxilane if grade corrections are required to match the new overlay
surface.
2. Mill and overlay of Connector Taxiways A2 and A3 up to the edge of Runway 16/34.
3. Mill and overlay of Connector Taxiways A1 and A4 up to the edge of Runway 16/34 in areas where
the existing pavement sections overlaps with the proposed taxiway pavement section.
Taxiway A1 & A4 Lighting (AIP Eligible):
1. Removal of existing taxiway edge lighting and installation of new taxiway edge lighting along
Connector Taxiways A1 and A4, from the existing runway edge to a suitable tie-in point on Taxiway
A. New taxiway edge lights will meet the standards of FAA AC 150/5340-30J Design and Installation
Details for Airport Visual Aids. This may require removing and installing taxiway edge lights along
Taxiway A as needed to meet taxiway edge light spacing requirements.
01/09/2024.
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 1: Design
Page 2 of 8
Taxiway A1 & A4 Lighted Sign Replacement (AIP Eligible):
1. Removal of existing signs and installation of new lighted runway exit, runway holding position,
taxiway location, and taxiway direction signs as needed for the new layouts of Taxiways A1 and A4.
DOWL (CONSULTANT) and The City of Arlington – Arlington Municipal Airport (AIRPORT) have prepared the
following scope of work.
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 1: Design
Page 3 of 8
PHASE 1: DESIGN
1.1 PROJECT MANAGEMENT
The CONSULTANT will develop the scope of the project, provide project management and administration,
management of subconsultants, and liaison with the AIRPORT, and prepare monthly invoices with monthly
progress reports. It is assumed that up to eight (8) invoices will be required.
The CONSULTANT will attend up to three (3) meetings at the AIRPORT office; the anticipated meetings
include:
a) FAA Predesign meeting (Microsoft Teams Meeting)
b) 50% Submittal Review Meeting (Microsoft Teams Meeting)
c) 90% Submittal Review Meeting (At Airport)
d) 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 per the attached Project Schedule.
Deliverables:
Invoice and Progress Report PDF via email
Meeting Notes PDF via email
1.2 TOPOGRAPHIC SURVEY
The CONSULTANT will provide surveying services as follows:
a) Establish horizontal and vertical control for mapping purposes and future construction layout.
b) The topographic survey will be tied to the Washington State Plane coordinate system – North Zone
(NAD 83/91) and the North American Vertical Datum of 1988 (NAVD 88).
c) Conduct utility locates prior to beginning survey using a private utility locate service.
d) Conduct a topographic survey of the project area for use in the development of construction plans.
Mapping features will include:
One-hundredth (0.01) foot elevation contour resolution for Taxiway A full-length, and
existing Connector Taxiways A1, A2, A3, and A4 pavements, including approximately 15-feet
into adjacent runway, apron, and taxilane pavements.
One-hundredth (0.01) foot elevation contour resolution for proposed Connector Taxiways
A1 and A4 locations outside of existing pavement footprints to the proposed Taxiway Object
Free Area (TOFA).
On-site features including:
i. Surface storm drainage features.
ii. Runway and taxiway lights and signs
iii. Runway and taxiway paint markings
iv. Visible utilities and utility locate markings
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 1: Design
Page 4 of 8
e) Prepare a survey basemap in AutoCAD Civil 3D. The survey will include features, 0.1-foot contours,
and an existing surface model. The survey will also incorporate as-built records provided by the
AIRPORT.
f) Conduct an onsite review to verify features on the survey basemap.
Assumptions:
a) Underground utilities will be pre-marked using a private Utility Locate Service.
b) The CONSULTANT survey personnel are not allowed by Washington State Law to enter manholes,
vaults, or other structures defined as confined spaces. Measurements to confined spaces will be made
from the surface.
c) The AIRPORT will coordinate all runway/taxiway closures and will place and remove Runway
Closure X’s if required and will issue and cancel all NOTAM’s.
1.3 GEOTECHNICAL INVESTIGATION
The CONSULTANT will provide geotechnical services as follows:
a) Review readily available geotechnical and pavement data for the project area.
b) Arrange for underground utility location (“call before you dig”) prior to performing field activities.
c) Hire a private Utility Locating Service to check for the presence of buried utilities at planned coring
and boring locations.
d) Determine the subgrade conditions at proposed Connector Taxiways A1 and A4 locations at six (6)
boring locations, by boring up to 10-feet below existing grade into the subgrade.
e) Determine the existing pavement thickness at twelve (12) locations on Taxiway A and four (4)
locations on Connector Taxiways A1, A2, A3, and A4, by coring a 4-inch diameter core the full-depth
of existing pavement.
f) A representative from DOWL will be on site during coring and boring operations.
g) Prepare a draft and final geotechnical report, as needed to design the new taxiway pavement section.
Deliverables:
Draft Geotechnical Report PDF via email or electronic transfer
Final Geotechnical Report PDF via email or electronic transfer
Assumptions:
a) Underground utilities will be pre-marked using a private Utility Locate Service.
b) The AIRPORT will coordinate all runway/taxiway closures, and will place and remove Runway
Closure X’s if required.
c) The AIRPORT will issue and cancel all NOTAM’s required for geotechnical investigation.
d) Geotechnical services will be completed by subconsultant, HWA Geosciences.
1.4 50% DESIGN
The CONSULTANT will prepare construction plans to approximately the 50% level. The CONSULTANT will
complete the following tasks:
a) Site Conditions Review. The CONSULTANT will conduct a site visit to review existing site conditions
for the preparation of plans.
b) 50% Construction Plans. The CONSULTANT will develop detailed 50% Construction Plans in
accordance with AIRPORT and FAA design standards. An estimated sheet count is included below:
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 1: Design
Page 5 of 8
Sheets Description
1 Cover Sheet
1 Notes, Abbreviations, and Legend
1 Civil Site Plan
1 Survey Control Plan
8 Construction Safety and Phasing Plan
1 Construction Safety and Phasing Details
4 Site Preparation / Temporary Erosion & Sediment Control Plan
10 Taxiway A Plan & Profile
1 Taxiway A Transverse Slope Table
4 Connector Taxiways A1, A2, A3, & A4 Plan & Profile
2 Typical Sections
1 Civil Details
4 Marking, Lighting, & Signing Plan
1 Marking Details
4 Electrical Demolition Plan
4 Electrical Site Plan
1 Electrical Details
1 Taxiway A Circuit Diagrams
50 TOTAL SHEET COUNT
c) 50% Contract Documents. The CONSULTANT will prepare project contract documents.
Specifications will be developed in accordance with AIRPORT and FAA standards, and will
incorporate AIRPORT provided front end documents (bid proposal, contract information), FAA
Required Federal Contract Provisions, FAA Technical Specifications, and applicable appendices.
A Project Specific Specifications Adjustment (PSSA) document will be included for FAA
review, if required. This PSSA will summarize minor proposed changes to FAA General
Provisions and Technical Specifications beyond items denoted by Notes to Engineer and
required fill-ins. These changes are expected to be minimal.
d) 50% Engineer’s Estimate. The CONSULTANT will prepare itemized quantity calculations for all
contract bid items. An Engineer’s Estimate of construction costs will be prepared.
e) 50% Engineer’s Design Report. The CONSULTANT will prepare a preliminary design report that
summarizes the proposed pavement design criteria, geometric design, lighting and electrical design,
and marking design. This design report will meet the requirements of FAA Northwest Mountain
Region Regional Guidance 620-04.
f) 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
Airports During Construction. This CSPP will be advanced to the 90% complete level and will be
submitted to the FAA for review with the 50% submittal.
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 1: Design
Page 6 of 8
Assumptions:
a) The AIRPORT will provide contact information for all franchise utility companies located within the
project limits.
b) This scope of work assumes that water quality and detention facilities will not be required.
c) The CONSULTANT will upload the CSPP to the FAA online OE/AAA portal.
d) The CONSULTANT will prepare and submit 7460’s as separate cases for all proposed stockpiles, haul
routes, and temporary construction areas within the Air Operations Area (AOA).
e) SEPA: The City of Arlington, as a SEPA Lead Agency, has determined that a SEPA checklist is not
required.
f) NEPA: This project is categorically excluded pursuant to FAA Order 1050.1F, paragraph 5-6.3(b) and
paragraph 5-6.4 (e & f) for relocation of airfield lighting equipment, reconstruction of connector
taxiways and fillets, and resurfacing of a parallel taxiway; no further information is required.
Deliverables:
50% Construction Plans (11” x 17”) Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
50% Contract Documents Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
50% Engineer’s Estimate Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
50% Engineer’s Design Report Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
90% Construction Safety & Phasing Plan Airport:
FAA:
PDF via electronic delivery
Online via OE/AAA Portal
1.5 90% DESIGN
The CONSULTANT will advance the project design to the 90% complete stage. The CONSULTANT will
complete the following tasks:
a) Site Conditions Review. The CONSULTANT will conduct a site visit to review proposed design for
conformance with existing site conditions.
b) 50% Comments Response. The CONSULTANT will prepare responses to all comments received
from the AIRPORT and FAA at the 50% review.
c) 90% Construction Plans. The CONSULTANT will address AIRPORT comments from the 50%
review, and advance plans to the 90% complete stage.
d) 90% Contract Documents. The CONSULTANT will address AIRPORT comments from the 50%
review, and advance contract documents to the 90% complete stage. An updated PSSA document will
be included, if necessary, for FAA review. All submitted specifications will be shown in “Track
Changes” mode to show all revisions from standard FAA language.
e) 90% Engineer’s Estimate. The CONSULTANT will address AIRPORT comments from the 50%
review, and advance cost estimate to the 90% complete stage.
f) 90% Engineer’s Design Report. The CONSULTANT will address AIRPORT comments and
incorporate them into the 90% Engineer’s Design Report.
g) Final Construction Safety and Phasing Plan (CSPP). The CONSULTANT will address AIRPORT and
FAA comments and incorporate them into the final CSPP document. This document will be submitted
to the ADO and for FAA airspace review via the FAA Obstruction Evaluation/Airport Airspace
Analysis (OE/AAA) portal.
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 1: Design
Page 7 of 8
h) Construction Management Program. The CONSULTANT will develop a Construction Management
Program detailing the measures and procedures required to assure compliance with quality
assurance and acceptance of airfield paving construction projects.
i) 7460-1 Notice of Proposed Construction or Altercation. The CONSULTANT will prepare and
submit a 7460-1 for proposed haul routes, stockpiles, staging areas, and temporary construction
areas within the Air Operations Area (AOA) to the FAA’s OE/AAA portal online for evaluation by the
FAA. The CONSULTANT will additionally prepare and submit a separate 7460 for portions of any
haul routes within the AOA to the FAA’s OE/AAA online portal for evaluation by the FAA.
Deliverables:
50% Comment Response Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
90% Construction Plans (11” x 17”) 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
Final Construction Safety & Phasing Plan Airport:
FAA:
PDF via electronic delivery
Online via OE/AAA Portal
Construction Management Plan Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
7460-1 Notice of Construction or Alteration FAA: Online via OE/AAA Portal
1.6 FINAL PS&E SUBMITTAL
The AIRPORT will provide the CONSULTANT with a set of consolidated review comments and “redline”
review comments on the 90% Construction Plans, Contract Documents, and Cost Estimate. The AIRPORT will
provide the review comments prior to the 90% Design Review Meeting.
The CONSULTANT will develop the project design to the final stage, and complete the following:
a) 90% Comments Response. The CONSULTANT will prepare responses to all comments received
from the AIRPORT and FAA at the 90% review.
b) 100% Construction Plans. The CONSULTANT will address AIRPORT comments from the 90%
review, and provide a complete, bid-ready set of Construction Plans.
c) 100% Contract Documents. The CONSULTANT will address AIRPORT comments from the 90%
review, and provide a complete, bid-ready set of Contract Documents.
d) 100% Cost Estimate. The CONSULTANT will address AIRPORT comments from the 90% review and
advance the Cost Estimate to the 100% complete stage.
e) Final Engineer’s Design Report. The CONSULTANT will incorporate Airport and FAA comments,
and prepare the final design report.
f) Strategic Event Form. The CONSULTANT will complete and submit the Strategic Event Submission
Form to FAA.
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.
City of Arlington – Arlington Municipal Airport (AWO)
Taxiway A Improvements Project
Phase 1: Design
Page 8 of 8
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
Strategic Event Submission Form FAA: PDF via electronic delivery
1.7 GRANT ASSISTANCE
This project is anticipated to include an FAA grant. The CONSULTANT will provide the AIRPORT with the
following grant assistance:
a) Assist with preparation of FAA AIP Grant Application, including FAA AIP Development Project
Schedule.
b) Assist with preparation of WSDOT Aviation Airport Aid Grant Application.
c) Assist the AIRPORT with general management of FAA AIP grant and WSDOT grant for this project.
d) Prepare and submit FAA Quarterly Reports and Annual Performance Reports. It is anticipated that up
to four (4) quarterly reports and one (1) annual report will be required.
e) The CONSULTANT will prepare an FAA Final Report and Final Payment Summary and submit to the
AIRPORT and FAA for review and approval.
1.8 BIDDING SUPPORT
The CONSULTANT will provide the AIRPORT with bidding support, as follows:
a) Prepare written responses to Contractor questions and post to Builder’s Exchange.
b) Conduct Pre-Bid Meeting at the airport and distribute minutes.
c) Develop up to four (4) 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.
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LEGEND:
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LEGEND:
Client:Arlington Municipal Airport (AWO)
Project: 2024 Taxiway A Improvements Date: 10/13/2023
Phase: 01 - Design
LABOR:
TASK Project Engineering Prof. Land 2-Person Survey Acct.
NO.TASK (Scope of Services)Manager VII Engineer IV Engineer III Tech. VI Surveyor X Survey CrewTechnician V Tech.TOTAL LABOR
245.00 175.00 160.00 170.00 215.00 220.00 115.00 115.00 HOURS COST
1.1 Project Management 24 72 3 2 0 0 0 14 115 20,910$
a Scope Development 2 12 2 16 2,930$
b General Project Management (7 months)14 40 14 68 12,040$
c FAA Predesign Meeting 2 2 1 5 1,000$
d 50% Submittal Review Meeting 2 6 1 9 1,700$
e 90% Submittal Review Meeting 2 6 1 9 1,700$
f Additional Coordination Meeting 2 6 8 1,540$
1.2 Topographic Survey 8 6 0 16 28 180 64 0 302 58,710$
a Office Preparation 2 4 4 4 14 2,690$
b Establish Temporary Project Control 4 16 20 4,380$
c Private Utility Locates 0 -$
d Field Topographic Survey 8 160 168 36,920$
e Prepare Civil 3D Basemap 16 12 60 88 12,200$
f Engineer On-Site Review 6 6 12 2,520$
1.3 Geotechnical Investigation 6 22 0 0 0 0 0 0 28 5,320$
a General Coordination 6 6 12 2,520$
d Coring of Existing Pavement 0 -$
c Enginer On-site Coordination during Coring &
Boring 16 16 2,800$
1.4 50% Design 21 36 228 47 6 0 0 8 346 58,125$
a Site Conditions Review 6 6 12 2,520$
b 50% Construction Plans 8 2 10 2,190$
Cover Sheet 1 2 3 500$
Drawing Notes, Abbreviations and Legend 1 2 3 500$
Civil Site Plan 1 2 3 500$
Survey Control plan 1 4 6 11 2,130$
Construction Safety & Phasing Plan 2 16 12 30 4,950$
Construction Safety & Phasing Details 2 4 6 1,000$
Site Preparation / TESC Plan 1 4 2 7 1,155$
Taxiway A Plan & Profile 2 32 4 38 6,150$
Taxiway A Transverse Slope Table 2 20 2 24 3,890$
Connector Taxiways A1-A4 Plan & Profile 4 20 2 26 4,240$
Typical Sections 1 4 4 9 1,495$
Civil Details 1 4 2 7 1,155$
Marking, Lighting & Signing Plan 2 16 4 22 3,590$
Marking Details 1 2 1 4 665$
Electrical Plans 0 -$
c 50% Contract Documents 2 4 40 2 48 7,820$
d 50% Engineer's Estimate 1 2 16 19 3,155$
e 50% Engineer's Design Report 2 4 24 2 32 5,260$
f 90% Construction Safety & Phasing Plan (CSPP)2 4 24 2 32 5,260$
1.5 90% Design 15 51 104 42 0 0 0 8 220 37,300$
a Site Conditions Review 8 8 16 3,360$
b 50% Comment Response 1 2 4 7 1,235$
c 90% Construction Plans 2 16 40 40 98 16,490$
d 90% Contract Documents 5 20 2 27 4,305$
e 90% Engineer's Estimate 2 8 2 12 1,970$
f 90% Engineer's Design Report 1 2 16 2 21 3,385$
g
Final Construction Safety and Phasing Plan
(CSPP)2 12 2 16 2,820$
h Construction Management Program 1 2 8 11 1,875$
i
7460-1 Notice of Proposed Construction or
Altercation 2 8 2 12 1,860$
1.6 Final PS&E Submittal 9 19 51 22 0 0 0 6 107 18,120$
a 90% Comment Response 1 2 2 5 915$
b 100% Construction Plans 2 5 20 20 2 49 8,195$
c 100% Contract Documents 2 5 20 2 29 4,795$
d 100% Engineer's Estimate 1 2 5 2 10 1,735$
e Final Engineer's Design Report 2 4 4 2 12 2,060$
f Strategic Event Form 1 1 2 420$
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
Subconsultant - HWA
Subconsultant (Elcon)
\\dowl.com\j\Projects\23\15205-00\Contracting\Scope and Fee\Task 2 - Taxiway A Reconstruction - Design\EXHIBIT B - Fee Estimate - AWO Taxiway A
Improvements.xlsx
Client:Arlington Municipal Airport (AWO)
Project: 2024 Taxiway A Improvements Date: 10/13/2023
Phase: 01 - Design
LABOR:
TASK Project Engineering Prof. Land 2-Person Survey Acct.
NO.TASK (Scope of Services)Manager VII Engineer IV Engineer III Tech. VI Surveyor X Survey CrewTechnician V Tech.TOTAL LABOR
245.00 175.00 160.00 170.00 215.00 220.00 115.00 115.00 HOURS COST
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
1.7 Grant Assistance 12 71 12 2 0 0 0 0 97 17,625$
a FAA Grant Application 2 2 4 2 10 1,820$
b WSDOT Aviation Grant Application 2 4 8 14 2,470$
c Grant Management (FAA & WSDOT)4 20 24 4,480$
d FAA Quarterly Reports (4) & Annual Report (1)2 5 7 1,365$
e FAA Closeout Report & Final Payment Summary 2 40 42 7,490$
1.8 Bidding Support 13 18 30 2 0 0 0 0 63 11,475$
a Respond to Contractor Questions 2 4 6 12 2,150$
b Pre-Bid Meeting 6 6 12 2,520$
c Addenda (4)4 4 16 2 26 4,580$
d Bid Tabulation & Rec. of Award 1 4 8 13 2,225$
Labor Subtotal 108 295 428 133 34 180 64 36 1,278 227,585$
Expenses
Mileage (Engineer Site Visits - per vehicle)6 Trips @ 100 0.655$ / mile (IRS 2023 Rate) 393$
Mileage (Survey)20 Trips @ 100 0.655$ / mile (IRS 2021 Rate) 1,310$
Plotting / Reproductions (Submittals & Bid Docs)1,500$
Total Expenses 3,203$
Subconsultants Subconsultant Cost Markup
HWA Geosciences (Coring & Boring) 32,300$ 0% 32,300$
Elcon Associates (Electrical) 23,700$ 0% 23,700$
APS (Utility Locates) 4,000$ 0% 4,000$
Total Subconsultants 60,000$
TOTAL FEE (Phase 1 - Design)290,788$
Miles / Roundtrip x
Miles / Roundtrip x
\\dowl.com\j\Projects\23\15205-00\Contracting\Scope and Fee\Task 2 - Taxiway A Reconstruction - Design\EXHIBIT B - Fee Estimate - AWO Taxiway A
Improvements.xlsx
City of Arlington Council Agenda Bill NB #1 Attachment
April 1, 2024 Resolution Declaring Property as Surplus
Resolution with Exhibit A
Finance EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: surplus declaration in order to be properly auctioned off, as well as some small and attractive assets that have no value and can be disposed of.
The City has found that the most expedient way to deal with surplus vehicles and equipment that have any monetary value is to utilize the services of an on-line auction site.
ALTERNATIVES: None.
I move to approve the resolution declaring property as surplus and authorize the Mayor to sign.
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, the City has purchased the equipment listed on the atached Exhibit "A"; and
WHEREAS, the equipment iden�fied on Exhibit "A" is surplus to the needs of the City; and
NOW, THEREFORE, the City of Arlington, ac�ng by and through its City Council, does hereby
resolve as follows:
1. The equipment/property described on the atached Exhibit "A" is declared Surplus to the
needs of the City.
2. Staff is instructed to trade in all items for the best available price, sell all items for the best
price or properly dispose of items that it is unable to sell. Staff is further authorized to
dispose of the property via an intergovernmental transfer pursuant to RCW 39.33.010.
Passed by the City Council of the City of Arlington at a regular mee�ng on this 1st day of April,
2024.
_____________________________
Don Vanney, Mayor
ATTEST:
_______________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_______________________________________
Steven J. Peiffle, City Atorney
EXHIBIT A
ASSET ID ITEM VIN/SN PLATE
3602 WW-28 2008 Ford F250 4x4 1FTSX21598EA94307 44834D 79,735 Auction
3583 SW-56 1FVXFZYBXTH703235 51011D 107,495 Auction
3717 A-89 2013 Toro Mower GM5910 n/a Auction
2507 P-97 Kubota zero turn mower 48091 n/a Auction
3659 L-85 2013 Chevrolet Tahoe 1GNSK2E08DR188914 130,386 Auction
3804 P-102 Bad Boy zero turn mower BA7235CA02151031 1,071 hr Auction
3567 P-84 1994 John Deere Tractor R6424SNLV0955D180821 1,388 hr Auction
4032 P-2 2016 Ford F250 1FTBF2A64GEC85773 60158D 36,241 Auction
1542 MetroCount traffic counter 2485 Disposal
1544 MetroCount traffic counter 2493 Disposal
4079 Stihl backpack blower 508996966 Disposal
4052 n/a Disposal
90020 Stihl trimmer n/a Disposal
90021 Stihl Trimmer n/a Disposal
90022 Stihl backpack blower n/a Disposal
2732 Chainsaw n/a Disposal
3704 Mixing unit tank for deicing n/a
4018 Stihl hedge trimmer n/a Disposal
90026 Stihl chainsaw n/a Stolen
4039 Stihl chop saw n/a Stolen
3765 Mobile two-way radio n/a Lost
2768 Mobile two-way radio n/a Lost
90004 n/a Disposal
90008 Stihl chainsaw n/a Disposal
3775 Stihl backpack blower n/a Disposal
90068 n/a Disposal
90070 Stihl trimmer n/a Disposal
2384 Utility sprayer n/a Disposal
3648 Air monitor n/a Disposal
3695 Refrigerator at Hadley Hall n/a
2184 HJ10003E1G Disposal
2376 Analytical scale AE17191175 Disposal
2452 237511484 Disposal
2453 237115559 Disposal
2972 52063054217 Disposal
4045 Nikon L31 Camera 30135687 Disposal
4157 A10886
City of Arlington Council Agenda Bill NB #2 Attachment
April 1, 2024
Grant Agreement with FEMA for Prairie Creek Bridge Project Grant Agreement Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $168,725 BUDGET CATEGORY: Storm Improvement Fund (409) BUDGETED AMOUNT: $1,692,500 (2024, includes $1,181,075 grant) LEGAL REVIEW: DESCRIPTION: Staff is requesting approval of a modification to the FEMA grant agreement.
In 2012 the City began working on a project to mitigate flooding impacts to businesses along 204th St. and in the Jensen Business Park that was caused by a developer’s rerouting of a drainage way into Prairie Creek, the culverts at 71st Ave, 74th Ave, 204th Ave, BNSF, and 69th Ave were undersized to pass the increased flow. To view the project storyboard, visit https://arcg.is/C9DD0. All culvert replacement and creek restoration work has been completed except for replacement of the culvert crossing beneath the BNSF railroad tracks and restoration of the creek channel immediately upstream from the culvert. The City applied for and received a grant from FEMA to fund this final flooding and creek restoration work. The City contracted with Consor for the design of a culvert system, Consor brought the design to the 95% level when disagreement between permitting agencies forced a redesign to a bridge structure. After consultation with BNSF, the Tribe, and the permitting agencies, it was agreed that a bridge will be an acceptable structure. FEMA has reworded the grant agreement to reflect the bridge instead of a culvert. ALTERNATIVES: Remand to staff for additional information.
Mitigation Project Grant Agreement – REV 8/8/23 Page 1 of 31 City of Arlington, D24-042
Washington State Military Department
HAZARD MITIGATION GRANT AGREEMENT FACE SHEET
City of Arlington,
238 N. Olympic Avenue
Arlington, WA 98223
2. Total Grant Amount: $1,349,800.00
State: $168,725.00
Federal: $1,012,350.00
Local: $168,725.00
3. Grant Number:
D24-042
4. Subrecipient Contact, phone/email:
James Kelly, (360) 403-3505,
jkelly@arlingtonwa.gov
May 19, 2021
6. Grant End Date:
March 3, 2025
7. Department Program Manager, phone/email:
Tim Cook, (253) 512-7072
tim.cook@mil.wa.gov
8. Unique Entity ID (UEI):
FFLLHCP2LNH2
9. UBI # (state revenue):
311-001-370
10. Funding Authority:
(the “DEPARTMENT”) and (FEMA)
11. Federal Funding Identification #:
FM-5182-WA
12. Federal Award Date
May 19, 2021
13. Assistance Listing # & Title:
97.039 (HMGP)
14. Program Index # & OBJ/SUB-OBJ:
15. TIN or SSN:
91-6001401
16. Service Districts:
(BY LEGISLATIVE DISTRICT): 39
(BY CONGRESSIONAL DISTRICT): 2
Snohomish
18. Women/Minority-Owned, State
Certified?:
x N/A NO
Personal Services Client Services x Public/Local Gov’t
Research/Development A/E Other________
Contract x Grant x Agreement
x “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised? YES NO ______
Private Organization/Individual For-Profit
x Public Organization/Jurisdiction x Non-Profit
VENDOR x SUBRECIPIENT x OTHER
FEMA’s Hazard Mitigation Grant Program provides grants for mitigation planning and cost-effective mitigation actions after a Presidential disaster
declaration to reduce the risk of loss of life and property damage in future disasters.
Title: Prairie Creek Drainage Improvement Project - Phase II. The purpose of this Agreement is to provide funds to the SUBRECIPIENT for the
herein proposed project as noted in Statement of Work and/or Description of the Project (Attachment 3), Project Development Schedule (Attachment
4), Project Budget (Attachment 5), and the FEMA approved project application, each of which are incorporated herein by this reference. The
DEPARTMENT is the Recipient and Pass-through Entity of the 5182-15-R Prairie Creek Drainage Improvement Project - Phase II and FEMA State
Agreement, which are incorporated by reference, and makes a subaward of Federal award funds to the SUBRECIPIENT pursuant to this Agreement.
The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award funds provided under this Agreement and the associated
attachments which are hereby incorporated and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet;
Special Terms & Conditions (Attachment 1); General Terms and Conditions (Attachment 2); Statement of Work and/or Description of Project (Attachment 3);
Project Development Schedule (Attachment 4); Project Budget (Attachment 5); and all other documents, exhibits and attachments expressly referenced and
incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement.
No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties.
the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan, Schedule, and Budget 6. Other provisions of the Agreement incorporated by reference
WHEREAS the parties hereto have executed this Agreement on the day and year last specified below.
_____________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Dierk Meierbachtol 4/4/2023
Assistant Attorney General
_________________________________________
Signature Date
Don E. Vanney, Mayor
City of Arlington
APPROVED AS TO FORM:
________________________________________
Date
Mitigation Project Grant Agreement – REV 8/8/23 Page 2 of 31 City of Arlington, D24-042
Attachment 1
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL:
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT MILITARY DEPARTMENT
James Kelly Tim Cook
Public Works Director State Hazard Mitigation Officer
jkelly@arlingtonwa.gov tim.cook@mil.wa.gov
(360) 403-3505 253-512-7072
Kris Wallace Ryan Chandler
Public Works Accountant HMA Program Supervisor
kwallace@arlingtonwa.gov Ryan.chandler@mil.wa.gov
(360) 403-3538 (253) 533-1249
Katy Shores Chris Reilly
Administrative Specialist II HMA Program Coordinator
kshores@arlingtonwa.gov Christopher.reilly@mil.wa.gov
(360) 403-3506 (253) 359-6680
ARTICLE II ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements,
and program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the HMGP-PF program including, but not limited to, all criteria, restrictions, and
requirements of the Presidential Disaster Declaration, the federal regulations commonly applicable to FEMA
grants, and the FEMA Award Letter and its attachments, all of which are incorporated herein by reference.
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The
SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States
liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed
under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated
or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR HAZARD MITIGATION GRANTS:
The following requirements apply to all DHS/FEMA Hazard Mitigation Grants administered by the
DEPARTMENT.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The SUBRECIPIENT must make a case-by-case determination whether each agreement
it makes for the disbursement of HMGP-PF funds received under this Agreement casts
the party receiving the funds in the role of a SUBRECIPIENT or contractor in accordance
with 2 CFR 200.331.
b. If the SUBRECIPIENT becomes a pass-through entity by making a subaward to a non-
federal entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of HMGP-PF funds, including, but not limited to, those
contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to 5182-15-R, including, but not limited to,
all criteria, restrictions, and requirements of the Presidential Disaster Declaration
Mitigation Project Grant Agreement – REV 8/8/23 Page 3 of 31 City of Arlington, D24-042
HMGP-PF document, the Manual, the DHS Award Letter for the Grant, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The SUBRECIPIENT shall be responsible to the DEPARTMENT for ensuring
that all HMGP-PF federal award funds provided to its subrecipients, and
associated matching funds, are used in accordance with applicable federal and
state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment 2 of this Agreement.
2. PROJECT FUNDING
The DEPARTMENT will administer 5182-15-R and will pass through the federal match and
commit the available state match. The SUBRECIPIENT will commit the required local match.
a. The total cost of the project for the purposes of this Agreement is $1,349,800.00 dollars;
PROVIDED that, if the total cost of the project when completed, or when this Agreement
is terminated, is actually less than above, the actual cost shall be substituted herein.
b. The value of the contributions by the SUBRECIPIENT to the project shall be $168,725.00
dollars, or 12.5 percent, at minimum, of the total project cost. The SUBRECIPIENT’s
contributions may be cash or in-kind, must be from a non-federal source, must be
reasonable, allowable and allocable, and must comply with all Federal requirements and
regulations.
c. When the DEPARTMENT enters into an agreement with the Federal Emergency
Management Agency (FEMA) to contribute federal funds to this project, that federal
contribution will be $1,012,350.00 dollars, or 75 percent of the total project cost, whichever
is less.
d. The value of the contributions by the DEPARTMENT to the project shall be $168,725.00
dollars, or 12.5 percent, at minimum, of the total project cost and is contingent on
legislative approval of DEPARTMENT funding pursuant to the prerequisites provided in
subsection g. The DEPARTMENT’s contributions must be from a non-federal source and
must comply with all Federal requirements and regulations.
e. The Federal Emergency Management Agency (FEMA) has contributed federal funds for
SUBRECIPIENT Management Costs (SubMC). SubMC includes costs for administering
the grant and indirect costs. This federal contribution is in addition to the federal award for
project costs and is suitable for 100% reimbursement for eligible expenses. The maximum
amount available for SubMC is $0.00 dollars, limited to 5% of the eligible project
expenditures for administrative, indirect, or overhead costs, whichever is less.
f. The DEPARTMENT shall not be obligated to pay any amount beyond that set out in
Subsections c, d, and e above, unless that additional amount has been approved in
advance by both the DEPARTMENT and SUBRECIPIENT and is incorporated by written
amendment into this Agreement.
g. The Washington State Legislature may authorize the DEPARTMENT to provide a match
to the SUBRECIPIENT’s non-federal share of eligible projects. Provision of a match by
the DEPARTMENT, if authorized by the Washington State Legislature, shall not require
amendment of this Agreement. If DEPARTMENT match funds are committed to the non-
federal share by the DEPARTMENT pursuant to legislative authorization, the
DEPARTMENT will formally notify the SUBRECIPIENT of the match in writing which will
include information identifying any related reduction in the SUBRECIPIENT’s percentage
commitment.
h. A written amendment will be required if the SUBRECIPIENT expects cumulative transfers
between project budgets, as identified in the Project budget (Attachment 5) and the
Statement of Work and/or description of Project (Attachment 3), to exceed 10% of the
Grant Agreement Amount. Any changes to project budgets other than in compliance with
this paragraph will not be reimbursed.
Mitigation Project Grant Agreement – REV 8/8/23 Page 4 of 31 City of Arlington, D24-042
3. GRANT AGREEMENT PERIOD
Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall only be those after the obligation of federal funds on May 19, 2021 and shall
terminate on March 3, 2025. This period shall be referred to herein as the Grant Agreement Period
and/or Period of Performance, unless expressly stated otherwise. Costs incurred during the Grant
Agreement Period shall include pre-award costs authorized in writing by FEMA as well as eligible
costs incurred after the effective date of the Grant Agreement Period and before termination.
a. The SUBRECIPIENT shall complete the project as described in the FEMA approved
project application 5182-15-R, incorporated in and made a part of this Agreement by
reference, and as described in Attachments 3, 4, and 5. In the event of extenuating
circumstances, the SUBRECIPIENT may request, in writing, that the DEPARTMENT
extend the deadline for Grant Agreement completion.
b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA
approval of the Grant Agreement Period followed by execution of a mutually agreed written
amendment, or (2) written notification from the DEPARTMENT to the SUBRECIPIENT
addressing extensions of the DEPARTMENT’S underlying federal grant performance
period or to provide additional time for completion of the SUBRECIPIENT’s project(s).
c. No expenditure made, or obligation incurred, before or after the Grant Agreement Period
shall be eligible, in whole or in part, for grant funds with the exception of pre-award costs
authorized in writing by FEMA. In addition to any remedy the DEPARTMENT may have
under this Agreement, the amounts set out in Article II, section A.2 Project Funding,
above, may be reduced to exclude any such expenditure from participation.
d. Failure to complete the project in a timely manner, as outlined in Attachment 4, is a
material breach of this Agreement for which the DEPARTMENT is entitled to termination
or suspension under Attachment 2, section A.37.
4. REIMBURSEMENT AND BUDGET REQUIREMENTS
The DEPARTMENT, using mitigation funds from PL 93-288, the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, and the State of Washington, for the HMGP-PF program, shall
issue payments to the SUBRECIPIENT as follows:
a. All payment requests shall be made to the SUBRECIPIENT upon submission and
approval of eligible, reimbursable work completed and billed on an A-19, form, State of
Washington Invoice Voucher Distribution. Approval is subject to receipt of acceptable
documentation by the DEPARTMENT, to include, but not limited to, copies of receipts for
all goods and services purchased, copies of invoices from contractors and subcontractors
for work completed, and copies of timesheets for staff involved with the project, sign-
in/sign-out sheets for donated personnel and/or volunteer time spent on the project, and
documentation to support other in-kind contributions.
b. The DEPARTMENT reserves the right to withhold disbursement of up to 10 percent of the
total project cost to the SUBRECIPIENT until the project has been completed and given
final approval by the DEPARTMENT.
c. Final Payment: Final payment of any remaining, or withheld, funds will be made within 60
days after submission by the SUBRECIPIENT of the final report, final A-19, Voucher
Distribution, and completion of all final inspections by the DEPARTMENT.
Final payment by the DEPARTMENT also may be conditioned upon a financial review, if
determined necessary by the DEPARTMENT. Adjustments to the final payment may be
made following any audits conducted by the DEPARTMENT, Washington State Auditor's
Office, the United States Inspector General, or their authorized representatives.
d. Within the total Grant Amount of this Agreement, budget categories will be reimbursed on
an actual cost basis unless otherwise provided in this Agreement.
e. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Amount of this Agreement.
Mitigation Project Grant Agreement – REV 8/8/23 Page 5 of 31 City of Arlington, D24-042
f. For travel costs, SUBRECIPIENT shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at http://www.gsa.gov,
and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by DEPARTMENT’s Key Personnel.
g. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the SUBRECIPIENT consistent with record
retention requirements of this Agreement, and be made available upon request by the
DEPARTMENT, and local, state, or federal auditors.
h. The SUBRECIPIENT will submit reimbursement requests to the DEPARTMENT by
submitting a properly completed State A-19 Invoice Form, Interagency Electronic Funds
Transfer, or Agency/Business invoice with support documentation detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted by email to both the DEPARTMENT’s Hazard Mitigation Program Coordinator
and the Program Manager no later than the due dates listed within the Grant Timeline
(Attachment 4), but not more frequently than monthly.
i. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the DEPARTMENT within 45 days
after the Grant Agreement End Date, except as otherwise authorized by written
amendment of this Agreement and issued by the DEPARTMENT.
j. If applicable, no costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the SUBRECIPIENT, its contractor, or
any non-federal entity to which the SUBRECIPIENT makes a subaward, and is invoiced
by the vendor.
k. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Project Development Schedule
Attachment 4) will prohibit the SUBRECIPIENT from being reimbursed until such complete
reports and reimbursement requests are submitted and the DEPARTMENT has had
reasonable time to conduct its review. Final reimbursement requests will not be approved
for payment until the SUBRECIPIENT is current with all reporting requirements contained
in this Agreement.
l. SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose.
The SUBRECIPIENT may be required to demonstrate and document that the reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of
federal funds.
5. REPORTING REQUIREMENTS
In addition to the reports as may be required elsewhere in this Agreement, the SUBRECIPIENT
shall promptly prepare and submit the following reports to the DEPARTMENT’s Key Personnel:
a. Quarterly progress reports, no later than the 15th day following the end of the fiscal quarter,
indicating the status of the project, to include a brief narrative on progress during the
quarter. The report shall identify the costs incurred to date, the percentage of work
completed, the anticipated completion date of the project, and whether cost under runs or
over runs are expected. In addition, the SUBRECIPIENT should note any challenges or
issues associated with the project. Failure to submit a complete quarterly report within 15
days following the end of the quarter will result in suspension of all payments to the
SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT.
b. A final report when the project is completed, prematurely terminated, or project assistance
is terminated. The report shall include a final accounting of all expenditures and a
description of work accomplished. If the project is not completed, the report shall contain
Mitigation Project Grant Agreement – REV 8/8/23 Page 6 of 31 City of Arlington, D24-042
an estimate of the percentage of completion, and shall indicate the degree of usefulness
of the completed project. The report shall account for all expenditures not previously
reported and shall include a summary for the entire project.
c. The SUBRECIPIENT shall submit a quarterly progress report describing current activities
as outlined in the Timeline.
d. The SUBRECIPIENT shall submit a Final Report with final reimbursement no later than
45 days after Agreement End Date.
e. The SUBRECIPIENT shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note)
and complete and return to the DEPARTMENT an Audit Certification/FFATA Form. This
form is required to be completed once per calendar year, per SUBRECIPIENT, and not
per agreement. The DEPARTMENT’S Contracts Office will request the SUBRECIPIENT
submit an updated form at the beginning of each calendar year in which the
SUBRECIPIENT has an active agreement.
6. PROCUREMENT
a. The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.317
through 200.327 and as specified in the General Terms and Conditions, Attachment 2, A.11.
b. For all contracts expected to exceed $250,000, the DEPARTMENT may request pre-
procurement documents, such as request for proposals, invitations for bids and independent
cost estimates. This request may apply to any non-federal entity to which the SUBRECIPIENT
makes a subaward, at which point the SUBRECIPIENT will be responsible for reviewing and
approving procurement requests of any non-federal entity to which the SUBRECIPIENT
makes an award.
c. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR
200.1, the SUBRECIPIENT must submit justification to the DEPARTMENT for review and
approval. This requirement must be passed on to any non-federal entity to which the
SUBRECIPIENT makes a subaward, at which point the SUBRECIPIENT will be responsible
for reviewing and approving sole source justifications to any non-federal entity to which the
SUBRECIPIENT makes an award.
7. TIME EXTENSIONS
A time extension request for Agreement completion must be submitted by the SUBRECIPIENT
to the DEPARTMENT no later than 60 days before the end of the Period of Performance. A time
extension request must be in writing and identify the project, the reason the project will not be
completed within the approved Period of Performance, a current status of the completion of the
work, a detailed timeline for completion of the remaining elements, and an anticipated completion
date for the completion of the remaining work. Failure to timely submit a complete time extension
request may result in denial of the time extension and loss of funding for the project.
8. SUBRECIPIENT MONITORING
a. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to
closeout. The goal of the DEPARTMENT’S monitoring activities will be to ensure that
agencies receiving federal pass-through funds are in compliance with this Agreement,
federal and state audit requirements, federal grant guidance, and applicable federal and
state financial regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the
SUBRECIPIENT shall complete and return to the DEPARTMENT “2 CFR Part 200
Subpart F Audit Certification Form” located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms along with the signed Agreement. The
SUBRECIPIENT shall complete and return the form to the DEPARTMENT each fiscal year
thereafter until the Agreement is closed. The form is incorporated by reference herein and
made a part of this Agreement.
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c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings, e-mails, and correspondence;
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements;
v. Observation and documentation of Agreement related activities, such as
exercises, training, funded events, and equipment demonstrations; and
vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined
above and in 2 CFR Part 200, for any non-federal entity to which the SUBRECIPIENT
makes a subaward as a pass-through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan.
9. CLOSE-OUT
To initiate close-out, the SUBRECIPIENT is required to certify in writing the date completed and
total amount expended on the project on FINAL PROJECT REPORT form to the DEPARTMENT.
After receipt of the FINAL PROJECT REPORT form, the DEPARTMENT will conduct a site
inspection and review supporting documentation for compliance with the requirements of the
Agreement.
Prior to project close-out, the SUBRECIPIENT shall provide the DEPARTMENT with acceptable
documentation supporting compliance with the Agreement. General documentation supporting
compliance with the Agreement typically includes, but is not limited to, the following:
a. Photographs of the structures or properties involved in the project prior to project
implementation and after project implementation.
b. Digital geospatial coordinates (latitude and longitude) for each structure with an accuracy of
± 20 meters (64) feet.
c. Certificate of occupancy or equivalent documentation from the appropriate regulatory
authority for each structure to certify it is code-compliant.
d. Certification that the SUBRECIPIENT has met the environmental and historic preservation
conditions of the grant award as described in this Agreement.
e. Copies of all compliance and consultation documentation required by the grant award as
described in the Agreement (e.g., coastal zone management consistency determination from
Department of Ecology).
f. Copies of all documentation related to inspection for and removal and disposal of asbestos
and other hazardous materials from each property.
Specific additional documentation requirements for projects to acquire properties for open space
include, but are not limited to, the following:
a. Signed Statement of Voluntary Participation from the owner of each acquired property.
b. Documentation of dates of acquisition and structure demolition or removal from property for
each property.
c. Copy of recorded open space deed restrictions for each acquired property.
d. Copy of the AW-501 form filed with the NFIP for each acquired repetitive loss property.
e. Documentation of consultation with the Army Corps of Engineers and Washington State
Department of Transportation regarding future use of each property.
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Specific additional documentation requirements for projects to elevate structures above the base
flood elevation include, but are not limited to, the following:
a. Photographs of the structures prior to elevation, and front, rear and side photos post-elevation.
b. Copies of the pre-project elevation certificate for each structure, or documentation of
methodology used to calculate the first-floor elevations.
c. Copies of the post-project elevation certificate for each structure.
d. Copies of the certificate of occupancy for each elevated structure to certify that it is code
compliant.
e. Certification by an engineer, floodplain manager or other senior official of the SUBRECIPIENT
that each completed structural elevation is in compliance with local ordinances and NFIP
regulations and technical bulletins.
f. Copy of the AW-501 form filed with the NFIP for each elevated repetitive loss property.
g. Copies of proof of flood insurance for each elevated structure.
h. Copies of the recorded deed restriction related to maintenance of flood insurance for each
property within the Special Flood Hazard Area.
The DEPARTMENT will consult with the SUBRECIPIENT regarding other documentation
requirements of the Agreement throughout the Period of Performance.
The SUBRECIPIENT is required to retain all documentation which adequately identifies the
source and application of all mitigation grant funds for six years following the closure of this grant.
For all funds received, source documentation includes adequate accounting of actual costs and
recoveries incurred.
10. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
All SUBRECIPIENTS must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
SUBRECIPIENTs of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services. Providing
meaningful access for persons with LEP may entail providing language assistance services,
including oral interpretation and written translation. Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency (August 11, 2000), requires federal
agencies to issue guidance to recipients, assisting such organizations and entities in
understanding their language access obligations. DHS published the required recipient guidance
in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,
76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as
how a recipient can determine the extent of its obligation to provide language services; selecting
language services; and elements of an effective plan on language assistance for LEP persons.
For additional assistance and information regarding language access obligations, please refer to
the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-
supported-organizations-provide-meaningful-access-people-limited and additional resources on
http://www.lep.gov.
11. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The SUBRECIPIENT shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://www.fema.gov/grants/guidance-tools/environmental-historic, which is
incorporated into and made a part of this Agreement.
b. Projects that have historical impactors or the potential to impact the environment,
including, but not limited to, construction of communication towers; modification or
renovation of existing buildings, structures and facilities; or new construction including
replacement of facilities, must participate in the DHS/FEMA EHP review process prior to
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initiation. Modification of existing buildings, including minimally invasive improvements
such as attaching monitors to interior walls, and training or exercises occurring outside in
areas not considered previously disturbed, also require a DHS/FEMA EHP review before
project initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
d. The SUBRECIPIENT agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed, and FEMA approval received by the SUBRECIPIENT,
before any work is started for which reimbursement will be later requested. Expenditures
for projects started before completion of the EHP review process, and receipt of approval
by the SUBRECIPIENT will not be reimbursed.
12. ADDITIONAL SPECIAL CONDITIONS
a. Construction Documents, Contracts, Change Orders
i. Construction Document Approval: Upon request, the SUBRECIPIENT agrees to
submit one copy of all construction plans and specifications to the DEPARTMENT
prior to solicitation of bids. This request is to ensure bid set consistency with the
subgrant’s approved scope of work.
ii. The SUBRECIPIENT shall use a competitive procurement process in the
procurement and award of any contracts with contractors or sub-contractors that
are entered into under the original contract award. Copies of all bids and contracts
awarded shall be submitted to the DEPARTMENT upon request. Where all bids
are substantially in excess of project estimates, the DEPARTMENT may, by notice
in writing, suspend the project for determination of appropriate action, which may
include termination of the Agreement.
iii. Construction Change Order: All change orders must be in writing and shall be
submitted to the DEPARTMENT. The SUBRECIPIENT shall pay any increase in
the cost of the project as the result of a change order, unless the DEPARTMENT
has agreed to the change with a written amendment to this Agreement.
13. EQUIPMENT AND TRACKABLE ASSETS MANAGEMENT
a. If applicable, the SUBRECIPIENT and any non-federal entity to which the
SUBRECIPIENT makes a subaward shall comply with 2 CFR 200.317 through 200.327,
and all Washington State procurement requirements, when procuring any equipment or
trackable assets under this Agreement, 2 CFR 200.313 for management of equipment,
and 2 CFR 200 to include but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
trackable assets purchased through this Agreement will be owned by the
SUBRECIPIENT, or a recognized non-federal entity to which the SUBRECIPIENT
has made a subaward, for which a contract or other means of legal transfer of
ownership is in place.
ii. All equipment, and trackable assets as applicable, purchased under this
Agreement will be recorded and maintained in the SUBRECIPIENT’s inventory
system.
iii. Inventory records shall include:
A. Description of the property
B. Manufacturer’s serial number, or other identification number
C. Funding source for the property, including the Federal Award Identification
Number (FAIN) (Face Sheet, Box 11)
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D. Assistance Listings Number (formerly CFDA Number) (Face Sheet, Box
13)
E. Who holds the title
F. Acquisition date
G. Cost of the property and the percentage of federal participation in the cost
H. Location, use, and condition of the property at the date the information was
reported
I. Disposition data including the date of disposal and sale price of the
property.
iv. The SUBRECIPIENT shall take a physical inventory of the equipment, and
trackable assets as applicable, and reconcile the results with the property records
at least once every two years. Any differences between quantities determined by
the physical inspection and those shown in the records shall be investigated by the
SUBRECIPIENT to determine the cause of the difference. The SUBRECIPIENT
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
v. The SUBRECIPIENT shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and trackable
assets including all questions of liability. The SUBRECIPIENT shall develop
appropriate maintenance schedules and procedures to ensure the equipment and
trackable assets are well maintained and kept in good operating condition.
vi. The SUBRECIPIENT shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any loss, damage,
or theft shall be investigated, and a report generated and sent to the
DEPARTMENT’S Key Personnel.
vii. The SUBRECIPIENT must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the SUBRECIPIENT is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement trackable assets or equipment acquired under a
federal award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
SUBRECIPIENT must comply with the following procedures:
A. For Trackable assets: If there is a residual inventory of unused trackable
assets exceeding $5,000 in total aggregate value upon termination or
completion of the project or program and the trackable assets are not
needed for any other federal award, the SUBRECIPIENT must retain the
trackable assets for use on other activities or sell them, but must, in either
case, compensate the federal government for its share. The amount of
compensation must be computed in the same manner as for equipment.
B. For Equipment:
1. Items with a current per-unit fair-market value of $5,000 or less may
be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2. Items with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The SUBRECIPIENT shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
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ix. Records for equipment shall be retained by the SUBRECIPIENT for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six year period, the records
shall be retained by the SUBRECIPIENT until all litigation, claims, or audit findings
involving the records have been resolved.
b. The SUBRECIPIENT shall comply with the DEPARTMENT’S Purchase Review Process,
which is incorporated by reference and made part of this Agreement. No reimbursement
will be provided unless the appropriate approval has been received.
c. Unless Expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
d. If funding is allocated to emergency communications, the SUBRECIPIENT must ensure
that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/funding, ensuring the investments are
compatible, interoperable, resilient, and support national goals and objectives for
improving emergency communications.
e. Effective August 13, 2020, FEMA recipients and SUBRECIPIENT, as well as their
contractors and subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018).
Recipients and SUBRECIPIENTS may use DHS/FEMA grant funding to procure
replacement equipment and services impacted by this prohibition, provided the costs are
otherwise consistent with the requirements of the Manual and applicable NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected
to, the government of a covered foreign country.
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The SUBRECIPIENT must pass through equipment and trackable assets management
requirements that meet or exceed the requirements outlined above to any non-federal entity
to which the SUBRECIPIENT makes a subaward under this Agreement.
B. DHS FFY23 STANDARD TERMS AND CONDITIONS
As a SUBRECIPIENT of HMGP-PF funding, the SUBRECIPIENT shall comply with all applicable
FEMA/DHS terms and conditions of the FEMA Award Letter and its associated documents for DHS,
which are incorporated in and made a part of this Agreement.
Mitigation Project Grant Agreement – REV 8/8/23 Page 13 of 31 City of Arlington, D24-042
Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the following terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. "DEPARTMENT” means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully
representing that DEPARTMENT. The DEPARTMENT is a recipient of a federal award directly from a
federal awarding agency and is pass-through entity making a subaward to a SUBRECIPIENT under
this Agreement.
c. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from
the DEPARTMENT. However, the definition of “SUBRECIPIENT” is the same as in 2 CFR 200.93 for
all other purposes.
d. “Monitoring Activities” means all administrative, construction, financial, or other review activities that
are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. “Project” means those actions funded through the Hazard Mitigation Assistance Grant Program and
described in approved Project Worksheets. Projects may include one or more of the following:
reimbursement of costs for emergency response, debris removal and/or repair or restoration of
damaged public facilities. A project may be a small, large, improved, or alternate project.
A.2 ADVANCE PAYMENTS
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement, except as required under 2 CFR 200.305 for federal grants.
SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such goods
or services, except as authorized under 2 CFR 200.305.
Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C §5121-
5207), Advance Payment process, FEMA may process a SUBRECIPIENT project worksheet which is
provided to the state of Washington for direct disbursement to SUBRECIPIENT Pursuant to these
provisions and RCW 43.88.160(5), these grant funds are not subject to the advance payments prohibition
and will be disbursed immediately to SUBRECIPIENT as grants authorized by law with subsequent
authentication and certification of expenditures.
A.3 AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of
this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope change.
However, such amendment or modification shall not be binding, take effect or be incorporated herein
until made in writing and signed by the authorized representatives of the DEPARTMENT and the
SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The SUBRECIPIENT must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement.
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A.6 ASSURANCES
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations. In addition,
as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable DHS terms
and conditions as specified in B.3. Statement of Assurances of the Hazard Mitigation Assistance
Program and Policy Guide dated March 23, 2023.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this Agreement by any federal department or agency.
The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this
Agreement shall be incorporated into this Agreement by reference.
Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the
federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that
it will ensure that potential sub-contractors or sub-recipients or any of their principals are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
“covered transactions” by any federal department or agency. “Covered transactions” include
procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant
or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-
recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply with
this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or
by checking the System for Award Management (http://www.sam.gov) maintained by the federal
government. The SUBRECIPIENT also agrees not to enter into any arrangements or contracts with any
party on the Washington State Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx).
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge
and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
SUBRECIPIENT 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) that 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 Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
(3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be
included in the award documents for all subawards at all tiers (including sub-contracts, 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, and is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not responsible
for determining compliance with, any and all applicable federal, state, and local laws, regulations,
executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:
nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by Executive Order
11375 of October 13, 1967, as supplemented by Department of Labor regulations (41 CFR chapter 60);
Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29
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CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15);
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5); Energy Policy and Conservation Act
(PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities Act (ADA), Age Discrimination
Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of 1968, the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, (PL 93-288, as amended), Title 44 of the Federal Regulations, 2
CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR
Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12),
State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State
Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations.
In the event of the SUBRECIPIENT’s or its contractor’s noncompliance or refusal to comply with any
applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion.
The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with applicable
laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
or its designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a
provision prohibiting such interest pursuant to this provision.
A.11 CONTRACTING & PROCUREMENT
a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract award.
The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement
standards through 200.327, Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
this Agreement must include the following provisions, as applicable:
1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate.
2. All contracts in excess of $10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be effected and the basis for settlement.
3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
4. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
Mitigation Project Grant Agreement – REV 8/8/23 Page 16 of 31 City of Arlington, D24-042
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or SUBRECIPIENT
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or SUBRECIPIENT must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
8. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
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1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
10. Procurement of recovered materials -- As required by 2 CFR 200.322, a non-Federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
11. Notice of Federal awarding agency requirements and regulations pertaining to reporting.
12. Federal awarding agency requirements and regulations pertaining to copyrights and rights in data.
13. Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14. Retention of all required records for six years after the SUBRECIPIENT has made final payments
and all other pending matters are closed.
15. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.
L. 94–163, 89 Stat. 871).
16. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and
documents, and require the SUBRECIPIENT to make changes to bring its plans and documents
into compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.327. The
SUBRECIPIENT must ensure that its procurement process requires contractors and subcontractors
to provide adequate documentation with sufficient detail to support the costs of the project and to
allow both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project
costs.
17. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.12 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's
responsibilities with respect to services provided under this Agreement is prohibited except by prior
written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other
law, or court order.
A.13 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the DEPARTMENT, a representative appointed by the
SUBRECIPIENT and a third party mutually agreed upon by both parties. The panel shall, by majority
vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs, and share equally the cost of the third panel member.
A.14 DUPLICATION OF BENEFITS
The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not,
or will not, duplicate benefits or funds received for the same loss from any other source. The
SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance
benefits for properties or any other losses covered in a project under this Agreement. The
SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are
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duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek recovery
against any party or parties whose negligence or other intentional or tortious conduct may have caused
or contributed to the expenditures for which these grants funds are provided. The SUBRECIPIENT will
repay the DEPARTMENT any funds recovered by settlement, judgment or other court order in an action
to recover funds provided by this grant. The SUBRECIPIENT shall notify the DEPARTMENT as early as
possible and work in conjunction with the DEPARTMENT and FEMA to ensure appropriate
apportionment of any duplicated or recovered payment.
A.15 HAZARDOUS SUBSTANCES
The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is
defined in RCW 70A.305.020.
A.16 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold
harmless the DEPARTMENT, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, assigns,
agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out
of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
State of Washington and their authorized agents and employees in any litigation; including payment of
any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection
with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or
employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of
the SUBRECIPIENT, or SUBRECIPIENT's agents or employees.
Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the federal government, the following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.17 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the DEPARTMENT’s Authorized Signature and the Authorized
Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties Authorized Signature representatives. Further, only the Authorized Signature
representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement requests,
certification of project completion, time extension requests, amendment and modification requests,
requests for changes to project status, and other requests, certifications and documents authorized by
or required under this Agreement.
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A.18 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT
may unilaterally reduce the scope of work and budget or unilaterally terminate or suspend all or part of
the Agreement as a “Termination for Cause” without providing the SUBRECIPIENT an opportunity to
cure. Alternatively, the parties may renegotiate the terms of this Agreement under “Amendments and
Modifications” to comply with new funding limitations and conditions, although the DEPARTMENT has
no obligation to do so.
A.19 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the SUBRECIPIENT.
A.20 NONDISCRIMINATION
The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement.
A.21 NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
local, state and federal laws and shall maintain a record of this compliance.
A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUBRECIPIENT represents and warrants that its workplace does now or will meet all applicable
federal and state safety and health regulations that are in effect during the SUBRECIPIENT's
performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees to
indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages
and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against
the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this grant of funds does not and will not acquire any ownership
interest or title to such property of the SUBRECIPIENT. The SUBRECIPIENT shall assume all liabilities
arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the
State of Washington and the United States government harmless from any and all causes of action arising
from the ownership and operation of the project.
A.24 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.25 PRIVACY
Personal information collected, used or acquired in connection with this Agreement shall be used solely
for the purposes of this Agreement. SUBRECIPIENT and its subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without the
express written consent of the DEPARTMENT or as provided by law or court order. SUBRECIPIENT
agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to
personal information.
The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
collected, used or acquired by the SUBRECIPIENT through this Agreement. The monitoring, auditing or
investigating may include but is not limited to “salting” by the DEPARTMENT. Salting is the act of placing
a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database.
Any breach of this provision may result in termination of the Agreement and the demand for return of all
personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
for any damages related to the SUBRECIPIENT’s unauthorized use, loss or disclosure of personal
information.
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For purposes of this provision, personal information includes, but is not limited to, information identifiable
to an individual that relates to a natural person’s health, finances, education, business, use or receipt of
governmental services, or other activities, names, addresses, telephone numbers, social security
numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other
identifying numbers.
A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided; however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.27 PUBLICITY
The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
publicity matters relating to this Agreement wherein the DEPARTMENT’s name is mentioned or language
used from which the connection of the DEPARTMENT’s name may, in the DEPARTMENT’s judgment,
be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising and publicity
matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may copyright
original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part
200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use the work for government purposes.
The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
the DEPARTMENT and FEMA’s financial support, by CFDA number, and a statement that the publication
does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.28 RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with
applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the
DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
noncompliance. Such right of recapture shall exist for the life of the project following Agreement
termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur within
30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce
the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including
attorney fees.
A.29 RECORDS AND REPORTS
a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the SUBRECIPIENT's
contracts, subawards, grant administration, and payments, including all direct and indirect charges,
and expenditures in the performance of this Agreement (the “records”).
b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be inspected
and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other state
or federal officials authorized by law, for the purposes of determining compliance by the
SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together
with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal
working day.
d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the grant
under this Agreement. Despite the minimum federal retention requirement of three (3) years, the
more stringent State requirement of six (6) year must be followed.
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A.30 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which funds are provided under this Agreement shall
be liable for the costs incurred by the state and federal governments in responding to such disaster. In
addition to its own duty to recover duplicated funds or funds expended due to the intentional or negligent
actions of others. SUBRECIPIENT will cooperate in a reasonable manner with the DEPARTMENT and
the United States in efforts to recover expenditures under this Grant Agreement.
A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Agreement, the project itself remains
the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the
SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the SUBRECIPIENT, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including but not limited to FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws and executive orders.
The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which
may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall
not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents,
for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.32 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year
in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR
Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” means a State, local
government, Indian Tribe, institution of higher education, or non-profit organization that carries out a
federal award as a recipient or SUBRECIPIENT.
SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its auditor and
requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State
Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any SUBRECIPIENTS or contractors also maintain auditable records.
The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of
its subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report.
The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves
the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit.
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Once the single audit has been completed and includes and audit findings, the SUBRECIPIENT must
send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9)
months after the end of the SUBRECIPIENT’s fiscal year(s) to:
Contracts.Office@mil.wa.gov
Subject: City of Arlington, Single Audit and Corrective Action Plan
OR
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If Contractor claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
SUBRECIPIENT must send a letter identifying this Agreement and explaining the criteria for exemption
no later than nine (9) months after the end of the SUBRECIPIENT’s fiscal year(s) to the address listed
above.
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption
from the audit requirements of this provision has been established.
The SUBRECIPIENT shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the SUBRECIPIENT’s failure to comply with said audit requirements may
result in one or more of the following actions in the DEPARTMENT’s sole discretion: a percentage of
federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F;
the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is
conducted and submitted; or termination of the federal award.
A.34 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or
agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented as
nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of
this Agreement, nor will the SUBRECIPIENT make any claim, demand, or application to or for any right
or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by
reason of this Agreement, including, but not limited to, Workmen's Compensation coverage,
unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege
or benefit which would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the SUBRECIPIENT is another state department, state agency, state university,
state college, state community college, state board, or state commission, that the officers and employees
are employed by the State of Washington in their own right and not by reason of this Agreement.
A.35 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and
maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit
charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or
regulation that are applicable to Agreement performance.
A.36 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement
by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the
Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after e-mailing to the SUBRECIPIENT.
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Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional
obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable for all damages as
authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not
be exclusive and are in addition to any other rights and remedies provided by law.
A.37 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARTMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill
in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition
so as to endanger performance hereunder, is in violation of any laws or regulations that render the
SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend
or terminate this Agreement in whole or in part.
The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and
provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBRECIPIENT
an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT’s discretion. Any
time allowed for cure shall not diminish or eliminate the SUBRECIPIENT’s liability for damages or
otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of
the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or
as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the
DEPARTMENT to be insufficient, the Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the SUBRECIPIENT, if allowed, or pending a
decision by the DEPARTMENT to terminate the Agreement in whole or in part.
In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law,
including but not limited to, any cost difference between the original Agreement and the replacement or
cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are
in addition to any other rights and remedies provided by law.
If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to
perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be
deemed to be a “Termination for Convenience”.
A.38 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the
SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may require
the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or acquired for
the performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the agreed
upon price, if separately stated, for properly authorized and completed work and services rendered or
goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement
termination, and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i)
completed work and services and/or equipment or supplies provided for which no separate price is stated,
(ii) partially completed work and services and/or equipment or supplies provided which are accepted by
the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the
DEPARTMENT, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability
of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUBRECIPIENT for
termination. The DEPARTMENT may withhold from any amounts due the SUBRECIPIENT such sum as
the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or
liability.
Mitigation Project Grant Agreement – REV 8/8/23 Page 24 of 31 City of Arlington, D24-042
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are
in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing,
the SUBRECIPIENT shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of such portion
of the work under the Agreement as is not terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the
DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and
sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-
contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT
may require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent
directed by the DEPATMENT any property which, if the Agreement had been completed, would
have been required to be furnished to the DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by the
DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection
and preservation of the property related to this Agreement which is in the possession of the
SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest.
A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus area firms are used when
possible and will take all necessary affirmative steps to utilize business firms that are certified as minority-
owned and/or women-owned in carrying out the purposes of this Agreement. The following steps are
required by the SUBRECIPIENT if any contracts with contractors or sub-contractors are entered into
under the original contract award:
a. Placing qualified small and minority businesses and women’s business enterprises on solicitation
lists;
b. Assuring that small and minority businesses, and women’s business enterprises are solicited
whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women’s business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women’s business enterprises; and
e. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the
State of Washington MWBE goals, as identified in. WAC 326-30-041.
A.40 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The SUBRECIPIENT,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.41 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision
of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this Agreement.
Mitigation Project Grant Agreement – REV 8/8/23 Page 25 of 31 City of Arlington, D24-042
Attachment 3
STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT
SUBRECIPIENT: City of Arlington
PROJECT TITLE: Prairie Creek Drainage Improvement Project - Phase II
The purpose of this project is for the City of Arlington to partially redesign the Prairie Creek Improvement Phase
I design, changing the culvert design to a bridge. Also included is contracting with BNSF for the bridge
installation, contracting with a contractor for Prairie Creek restoration activities, and seven-month plant
maintenance. Specific tasks are as follows:
• Redesign Culvert to Bridge: This work will entail amending the original design contract with Consor
Engineering to replace the twin-concrete box culvert design to a train bridge design compliant with BNSF
standards. The city will coordinate with permitting agencies for extension to existing permits (USACOE,
WA DFW, Stillaguamish Tribe and Tulalip Tribe).
• Contract/Bid/Award/Notice to Proceed: The City will direct contract with BNSF for the bridge construction
and will publicly bid the channel restoration work. The BNSF Bridge contract will be straight forward direct
reimbursable contract. The Channel Restoration contract will follow WA state bid-award regulations.
• BNSF Bridge Construction: This work will take place during the Fish Window and includes construction
of the new bridge using rail mounted construction equipment.
• Channel Restoration Construction: This work will include fish capture and bypass, stream bypass,
channel armoring, stream vegetation planting, installation of natural stream structures, and
restoration/repair of asphalt paving and sidewalk.
• 7-month Plant Establishment Period: This work will entail regular visits to the restored Prairie Creek
stream channel to ensure vegetation, stream natural structures, and armoring are in good functional
condition. Any dead or dying vegetation will be replaced.
A specific and more detailed scope of work is found in the FEMA approved Project Application 5182-15-R, which
is incorporated herein by reference.
City of Arlington Agrees To:
1. Comply with the terms of this Agreement and all Attachments, including but not limited to, accomplish tasks
and conditions outlined in the Statement of Work And/Or Description of Project (Attachment 3), comply with
the Project Development Schedule-Attachment 4, and comply with the Project Budget (Attachment 5).
2. Submit quarterly reports that cover the previous three months no later than the 15th of the following month
(or the next work day) in January, April, July and October until all requirements are fulfilled. Quarterly reports
are required regardless of the level of work completed during the reporting period. Quarterly reports must
include sufficient narrative to determine the degree to which the project has been implemented, the estimated
time for completion, and significant developments such as delays or adverse conditions that might raise costs
or delay completion, as well as favorable conditions allowing lower costs or earlier completion. Failure of the
SUBRECIPIENT to submit a complete quarterly report within 15 days following the end of the quarter will
result in suspension of all payments until a complete quarterly report is received by the DEPARTMENT.
SUBRECIPIENT is required to return all final closeout documentation to the DEPARTMENT within 45 days
following the Period of Performance End Date determined by FEMA’s Notice of Award. The DEPARTMENT
reserves the right to withhold the final reimbursement request until final closeout documentation is submitted
by the SUBRECIPIENT to the satisfaction of the DEPARTMENT. No final reimbursements shall be paid if
submitted more than 60 days after the Period of Performance End Date.
3. Submit pen-and-ink signed, approved invoice vouchers (state form A-19) for eligible, reimbursable work
completed, no more frequently than monthly and no less frequently than quarterly. Each billing must identify
the task(s) completed and any other funding identification pertinent to the task(s), including match.
Supporting documentation is required for all costs, to include tracking of staff time spent on the project
through timesheets or other documentation approved by the DEPARTMENT; dated invoices from all
contractors and subcontractors for work completed; dated invoices for goods and services purchased; and
documentation tracking in-kind contributions of personnel, equipment and supplies, if used on the project.
Project costs must be tracked and reported by approved budget cost categories as found in Project Budget,
Attachment 5. Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19, along with documentation to substantiate all
project costs.
Mitigation Project Grant Agreement – REV 8/8/23 Page 26 of 31 City of Arlington, D24-042
4. Return by DEPARTMENT staff of invoices to the SUBRECIPIENT if the SUBRECIPIENT is unable to provide
sufficient documentation to staff within 15 calendar days of the staff’s written request for additional
documentation to support the reimbursement request.
5. Submit a signed final project report before final reimbursement is made by the DEPARTMENT.
6. PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS
In completing this project, the SUBRECIPIENT must adhere to the following programmatic, environmental
and historic preservation conditions:
a. Scope of Work Change: Requests for changes to the Scope of Work after grant award are permissible
as long as they do not change the nature or total project cost of the activity, properties identified in the
application, the feasibility and effectiveness of the project, or reduce the Benefit Cost Ratio below 1.0.
Requests must be supported by adequate justification, including a description of the proposed change;
a written explanation of the reason or reasons for the change; an outline of remaining funds available to
support the change; and a full description of the work necessary to complete the activity.
A proposed change to the approved Scope of Work (as presented in the FEMA approved project
application) must be submitted to the DEPARTMENT and FEMA in advance of implementation for re-
evaluation for compliance with National Environmental Policy Act (NEPA) and other Laws and Executive
Orders. Prior approval for a change to the approved Scope of Work must be obtained from the
DEPARTMENT and FEMA before the change is implemented. Failure to obtain prior approval for a
revised Scope of Work could result in ineligibility of resulting costs.
b. Comply with all applicable federal, state and local laws and regulations. Failure to obtain all appropriate
federal, state and local environmental permits and clearances may jeopardize federal funding provided
by this Agreement.
c. Ensure that all completed work is in compliance with applicable state and local buildings codes and flood
damage prevention legislation.
d. Monitor site work during ground-disturbing activities for evidence of potential archaeological resources
that are uncovered. SUBRECIPIENT must halt the project in the event historically or archaeologically
significant materials or sites (or evidence thereof) are discovered. By way of example, such evidence
may include, but is not limited to, artifacts such as arrowheads, bone fragments, pottery shards, and
features such as fire pits or structural elements. All reasonable measures must be taken to avoid or
minimize harm to such resources until such time as the SUBRECIPIENT notifies the DEPARTMENT,
and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native
American tribes, determines appropriate measures have been taken to ensure that the project is in
compliance with the National Historic Preservation Act. In addition, upon discovery of human skeletal
remains, the SUBRECIPIENT is required by state law to notify the county coroner and local law
enforcement in the most expeditious manner possible and to immediately stop any activity which may
cause further ground disturbance.
e. Determine the presence of hazardous materials and/or toxic waste, and identifying, handling, managing,
abating and disposing of such materials in accordance with the requirements and to the satisfaction of
the governing local, state and federal agencies, including but not limited to the Washington Department
of Ecology. Such materials may include, but are not limited to, asbestos, lead-based paint, propane
cylinders, sand blasting residue, discarded paints and solvents, cleaning chemicals, containers of
pesticides, lead-acid batteries, items containing chlorofluorocarbons (CFCs), motor oil and used oil filters,
and unlabeled tanks or containers.
f. Conduct work during the non-flood season as determined by the local floodplain administrator. However,
should construction be required during the flood season, as determined by the local floodplain
administrator, all construction equipment shall be staged in an area not susceptible to flood events or be
readily transportable out of the floodplain to minimize flood damage.
g. Dispose of all debris at an approved and permitted location. No debris shall be temporarily staged or
disposed of in a floodplain and/or a wetland.
h. Confirm with the State Department of Ecology whether this project will require a consistency
determination under the Coastal Zone Management Act. If required, the SUBRECIPIENT shall obtain
and comply with all requirements of the determination prior to starting the project.
i. Select, implement, monitor, and maintain Best Management Practices (BMPs) to control soil erosion and
sedimentation, reduce spills and pollution, and provide habitat protection. The acquisition site shall be
Mitigation Project Grant Agreement – REV 8/8/23 Page 27 of 31 City of Arlington, D24-042
stabilized from erosion and silt laden runoff by implementing these BMPs and securing the site from
transient vehicle access. Any excavation and/or grading shall be done within and/or adjacent to the
existing building footprint area and not beyond undisturbed portions of the site.
j. Resubmit the project to the DEPARTMENT and FEMA prior to implementation if any in-water work will
occur or if any work will occur below the ordinary high water mark of any water resource in the area, so
further coordination/consultation can take place with the National Marine Fisheries Service (NMFS) to
determine whether appropriate measures have been taken to ensure the project is in compliance with
the Endangered Species Act.
k. Resubmit the project to the DEPARTMENT and FEMA for re-evaluation for compliance with national
environmental policies if the “Project Limits” (including clearing, excavation, temporary staging,
construction, and access areas) extend into: 1) an area not previously identified for environmental and
historic preservation review, or 2) previously undisturbed ground. Additionally, all work on the project in
these areas must stop until this re-evaluation is completed.
l. National Historic Preservation Act Section 106 requirement: All proposed repair and construction
activities on buildings listed in or eligible for the National Register of Historic Places (historic properties)
should be done in-kind to match existing materials and form. In-kind means that the result of the
proposed activities will match all physical and visual aspects of existing historic materials, including form,
color and workmanship. In-kind mortar also will match the strength and joint tooling of existing historic
mortar.
m. Additional requirements as noted by FEMA in grant award document:
a. Environmental Conditions of Approval: February 17, 2022
i. This review does not address all Federal, State, and local requirements. Acceptance of
Federal funding requires recipient to comply with all Federal, State, and local laws. Failure
to obtain all appropriate Federal, State, and local environmental permits and clearances
may jeopardize Federal funding.
ii. Any change to the approved Scope of Work will require re-evaluation for compliance with
the National Environmental Policy Act and other laws and Executive Orders.
iii. If ground disturbing activities occur during construction, applicant will monitor ground
disturbance and if any potential archaeological resources are discovered, will immediately
cease construction in that area and notify the State and Federal Emergency Management
Agency.
iv. The City is responsible for coordinating with and obtaining any required Section 404
permit(s) from the United States Army Corps of Engineers (USACE) and Section 401
permit(s) from WA Dept of Ecology, along with WA Dept of Fish and Wildlife approval prior
to initiating work. The City shall comply with all conditions therein, including any pre-
construction notification requirements of the required permit(s). All coordination pertaining to
these activities and compliance must be documented and maintained in the City's subgrant
files.
v. The City shall conduct site work outside of the flood season, as determined by the local
floodplain administrator.
vi. The City is responsible for obtaining any required federal, state, or local wetland permits
prior to initiative work and complying with conditions therein during work.
vii. In advance of any site work, the City must notify Kerry Lyste, the Stillaguamish Tribal
Historic Preservation Officer (klyste@stillaguamish.com) at least 10 working days before
archaeological monitoring and ground disturbing activities begin so a tribal monitor may be
present to observe, should the tribe wish. The City needs to retain documentation of this
notification.
viii. The City is responsible for hiring a Secretary of Interior (SOI) qualified archaeologist to
monitor all ground disturbing activities (at least construction, the minor channel realignment,
and dredging) during project construction. The archaeological contractor will be required to
develop a Monitoring and Inadvertent Discovery Plan (MIDP) to be reviewed by FEMA
Archaeologist, Philip Fisher (philip.fisher@fema.dhs.gov), prior to the start of construction,
as well as the production of a final monitoring report of findings for FEMA review. The report
will be submitted to the WA Dept of Archaeology and Historic Preservation and the Tribes
for review.
Mitigation Project Grant Agreement – REV 8/8/23 Page 28 of 31 City of Arlington, D24-042
n. Cost overruns in excess of the approval budget are fully the responsibility of the SUBRECIPIENT,
including those costs resulting from a change in the Scope of Work. The project must remain cost
effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost overrun.
A request for additional funds to cover a cost overrun may be granted by the DEPARTMENT and
FEMA only if funds are available within the HMGP ceiling for this disaster, (FEMA-FM-5182-WA). A
request for additional funds must be fully documented and justified.
7. SPECIAL FLOOD HAZARD AREA REQUIREMENTS
Pursuant to the Flood Disaster Protection Act of 1973, those structures that remain in the Special Flood
Hazard Area (SFHA) after the implementation of the mitigation project, flood insurance must be maintained
for the life of the structure. The SFHA is defined as the land in the floodplain within a community subject to
a 1 percent or greater chance of flooding in any given year.
The following National Flood Insurance Program Eligibility Requirements contained in the 2023 Hazard
Mitigation Assistance Program and Policy Guide apply to any project involving the alteration of existing
structures, to include Mitigation Reconstruction projects that are sited within an SFHA.
a. When the project is implemented, all structures that will not be demolished or relocated out of the SFHA
must be covered by a National Flood Insurance Program (NFIP) flood insurance policy to an amount at
least equal to the project cost or to the maximum limit of coverage made available with respect to the
particular property, whichever is less.
b. The SUBRECIPIENT (or property owner) must legally record with the county or appropriate jurisdiction’s
land records agency a notice that includes the name of the current property owner (including book/page
reference to record of current title, if readily available), a legal description of the property, and the
following notice of flood insurance requirements as identified on page 244 of the 2023 Hazard Mitigation
Assistance Program and Policy Guide:
“This property has received Federal hazard mitigation assistance. Federal law requires that flood
insurance coverage on this property must be maintained during the life of the property regardless of
transfer of ownership of such property. Pursuant to 42 U.S.C. § 5154a, failure to maintain flood
insurance on this property may prohibit the owner from receiving Federal disaster assistance with
respect to this property in the event of a flood disaster. The Property Owner is also required to
maintain this property in accordance with the floodplain management criteria of 44 CFR § 60.3 and
City/County Ordinance.”
c. Copies of the recorded notices for each property will be provided to the DEPARTMENT at project
closeout.
8. PROVISIONS APPLYING ONLY TO ACQUISITION OF PROPERTIES FOR OPEN SPACE
a. The SUBRECIPIENT must ensure that prospective participants are informed in writing that property
owner participation in this acquisition program is voluntary and that the SUBRECIPIENT will not use its
eminent domain authority to acquire the property for the project purposes should negotiations fail.
Copies of the Statement of Voluntary Participation signed by each participating property owner will be
provided to the DEPARTMENT by project close-out.
b. The SUBRECIPIENT agrees that land acquired for open space purposes under this grant will be
restricted in perpetuity to open space uses and will be unavailable for the construction of flood damage
reduction levees, transportation facilities, and other incompatible purposes and agrees to comply with
the requirements of 44 CFR Part 80 Property Acquisition and Relocation for Open Space.
c. The SUBRECIPIENT agrees to prepare, execute and record Deed Restrictions for each affected property
utilizing the current Model Deed Restriction provided on the FEMA website or available from the
DEPARTMENT.
Copies of the recorded deed and attached deed restrictions for each property will be provided to the
DEPARTMENT by project close-out.
d. The SUBRECIPIENT accepts all of the requirements of the deed restriction governing the use of the land.
e. The SUBRECIPIENT ensures that, prior to acquisition of the property, in consultation with the U.S. Army
Corps of Engineers, it has addressed and considered the potential future use of these lands for the
construction of flood damage reduction levees, has rejected consideration of such measures in the future
in the project area, and instead has chosen to proceed with acquisition of permanent open space.
Mitigation Project Grant Agreement – REV 8/8/23 Page 29 of 31 City of Arlington, D24-042
Documentation of this consultation and the SUBRECIPIENT’s consideration of this issue will be provided
to the DEPARTMENT by project close-out.
f. The SUBRECIPIENT must, prior to acquisition of the property, consult with the Washington State
Department of Transportation to ensure that no future planned improvements or enhancements are under
consideration that will affect the proposed project area.
Documentation of this consultation will be provided to the DEPARTMENT by project close-out.
g. The SUBRECIPIENT will remove existing buildings from acquired properties within 90 days of settlement.
The SUBRECIPIENT will provide confirmation to the DEPARTMENT as to the date of demolition of each
structure included in the project in its quarterly reports, as well as confirmation that the property has been
returned to “natural” or park/open space condition.
The SUBRECIPIENT will provide digital latitude and longitude coordinates and digital photographs of
each property site after project implementation to the DEPARTMENT by project close-out.
h. The SUBRECIPIENT agrees to complete FEMA Form AW-501, NFIP Repetitive Loss Update Worksheet
for each property identified on FEMA’s Repetitive Loss list to document completion of mitigation on the
property. The form is available on FEMA’s Web site or available from the DEPARTMENT.
The SUBRECIPIENT will provide a copy of the completed form to the DEPARTMENT by project close-
out.
i. The SUBRECIPIENT agrees to comply with the requirements of 44 CFR § 80.19 Land Use and Oversight,
which are incorporated into these conditions by reference. These requirements include, but are not
limited to, the following (which are described further in the 2023 Hazard Mitigation Assistance Program
and Policy Guide which are incorporated herein by reference):
1. Restriction on future disaster assistance for damages to the property.
2. Lists of allowable open space uses as well as uses generally not allowed on acquired open space
land.
3. Provision for salvage of pre-existing structures and paved areas.
4. Requirements pertaining to future transfer of property interest.
5. Requirement for SUBRECIPIENT monitoring and inspection of the acquired property at least
every 3 years. The SUBRECIPIENT will provide the DEPARTMENT with a report on the result
of the inspection within 90 days of the inspection.
6. Provisions for enforcement of violation of open space requirements.
The Military Department Agrees To:
1. Provide staff coordination and input regarding grant administration for funding and technical assistance for
project and reviews for mitigation construction projects, as necessary.
2. Except as otherwise provided in Article II, A.4, of this Agreement, reimburse City of Arlington within 45 days
of receipt and approval of signed, dated invoice voucher(s) (state form A-19) with sufficient documentation
of costs to include completion of tasks to date and dated invoices for goods and services purchased. Costs
must be categorized according to the budget item and cost classification shown in the Project Budget,
Attachment 5. The DEPARTMENT will return invoices to the SUBRECIPIENT if the SUBRECIPIENT is
unable to provide sufficient documentation within 15 calendar days of the DEPARTMENT’s request for
additional documentation to support the reimbursement request. Any reimbursement requests that are
returned to the SUBRECIPIENT and are not returned within the 15 calendar days will be required to submit
a revised reimbursement request with a new signature and date.
3. Coordinate with the staff of City of Arlington to schedule any sub-recipient monitoring, site visits or final
inspections by DEPARTMENT staff.
Mitigation Project Grant Agreement – REV 8/8/23 Page 30 of 31 City of Arlington, D24-042
Attachment 4
PROJECT DEVELOPMENT SCHEDULE
SUBRECIPIENT: City of Arlington
PROJECT TITLE: Prairie Creek Drainage Improvement Project - Phase II
DESCRIPTION OF ACTIVITY/TASK SCHEDULED COMPLETION DATE (months)
Redesign Culvert to Bridge [March 2024] 9 Months
Bid/Award/Notice to Proceed [June 2024] 2 Months
BNSF Pre-Construction Work [August 2024] 1 Month
BNSF Bridge Construction [September 2024] 3 Months
Stream Restoration & Planting [October 2024] 3 Months
Plant Establishment Period [March 2025] 7 Months
Total Time Required to Complete This Project: 15 months
Quarterly Reports Due on Project Progress, Final
Project Report and all documentation, site visits and
inspections.
April 15, 2022;
July 15, 2022;
October 15, 2022;
January 15, 2023;
April 15, 2023;
July 15, 2023;
October 15, 2023;
January 15, 2024;
April 15, 2024;
July 15, 2024;
October 15, 2024;
January 15, 2025;
April 15, 2025 (Final Report)
Mitigation Project Grant Agreement – REV 8/8/23 Page 31 of 31 City of Arlington, D24-042
Attachment 5
PROJECT BUDGET
SUBRECIPIENT: City of Arlington
PROJECT TITLE: Prairie Creek Drainage Improvement Project - Phase II
APPROVED BUDGET CATEGORY ESTIMATED COST
Project Inspection Fees $60,000.00
Project Redesign $180,000.00
Construction $1,109,800.00
Project Total $1,349,800.00
SubMC – This category is restricted to
eligible grant administration costs,
including indirect costs, and is limited to
5% of eligible project expenditures. The
amount shown here reflects the maximum
amount available, based on the approved
$0.00
TOTAL (Project Total + SubMC): $1,349,800.00
: Project expenses for which reimbursement is
sought must be tracked and reported by approved budget cost categories, above.
Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19. Supporting documentation of
subcontractors for work completed; dated invoices for goods and services purchased; and
documentation of in-kind contributions of personnel, equipment and supplies.
Final Payment: Final payment of any remaining, or withheld, funds will be made upon
submission by the SUBRECIPIENT within 60 days of completion of the project of the
final report and an A-19, Voucher Distribution, and completion of all final inspections by
the DEPARTMENT. Final payment also may be conditioned upon a financial review, if
determined necessary by the DEPARTMENT. Adjustments to the final payment may be
made following any audits conducted by the DEPARTMENT, Washington State Auditor's
Office, the United States Inspector General, or their authorized representatives.
*NOTE: $92,700.00 of the budget for FM-5182-15-R was expended under previous
Per 2023 Hazard Mitigation Assistance Program and Policy Guide, no cost overruns will be funded. If
costs exceed the maximum amount of FEMA funding approved, the SUBRECIPIENT shall pay the costs
in excess of the approved budget.
A request for additional funds to cover a cost overrun may be granted by the DEPARTMENT and FEMA
only if funds are available within the HMGP ceiling for this disaster, (FEMA-FM-5182-WA). A request for
additional funds must be fully documented and justified.
City of Arlington Council Agenda Bill
Item: NB #3 Attachment H
April 1, 2024
Approval of Airport Admin Building Solar Project Budget Amendment
WSDOT Grant Letter and 2022 Resolution
Airport; Monroe Whitman, Operations Manager 360-403-3471 EXPENDITURES REQUESTED: $417,970.00 BUDGET CATEGORY: Operating Fund BUDGETED AMOUNT: LEGAL REVIEW:
Admin Building Solar Project in the amount of $667,970.00. The City Council approved a 2023 budget of $550,000 and a contract with Veregy, LLC to administer this project. However, during contract negotiation and change of scope, the project was delayed and has increased in cost. This project is being paid from the airport’s operating ending fund balance not used in 2023. At the end of spring the solar array will be installed on the Airport office’s roof and on a newly constructed carport. This project develops energy conservation measures that save and produce sustainable energy, while reducing utility costs and providing substantial benefits for the airport and community.
in the amount of $550,000 as part of the 2023 budget. In May of 2023, the City Council authorized the execution of the WSDOT Aviation Sustainable Energy Program Grant, if awarded. The grant was awarded and executed in July of 2023 in the amount of $250,000.
amount not to exceed $667,970.00 and authorize the Mayor to sign.
September 6, 2023
Ms. Lorene Robinson
Airport Operations Specialist
City of Arlington
18204 59th Avenue NE, Suite A
Arlington, Washington 98223
Dear Ms. Robinson:
Enclosed please find a complete and executed copy of the grant agreement GCB 3902
between Washington State Department of Transportation (WSDOT) Aviation and the
City of Arlington (City). This letter shall serve as authorization and notice for you to
proceed with your project. The official start date for the grant agreement shall be July 1,
2023.
• Per Section B - Item 2 of the grant agreement, the City is required to submit
quarterly progress reports. These reports shall be in written form giving
percentage of project completed, fund expenditures to date, and short narrative of
the project progress, problems encountered and plans for project completion.
• WSDOT Aviation allocates grant program funds based on the project budget and
schedule provided by the City with your Sustainable Aviation Grant Program
Application. As such, it is critical that monthly reimbursement requests be
submitted.
Should you have any questions regarding the terms of the agreement or how to seek
reimbursement for funds expended under your grant, please do not hesitate to contact me
at (360) 708-8970.
Sincerely,
Eric Johnson
Construction and Grants Program Manager
Encl.
City of Arlington Council Agenda Bill
Item: NB #4 Attachment I
COUNCIL MEETING DATE: April 1, 2024
Ordinance Amending Arlington Municipal Code Title 14 Relating to the City’s Airport Regulations
Ordinance Amending Title 14 red-line and final
Airport; Monroe Whitman, Operations Manager 360-403-3471 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW:
and residential use on the airfield. Under Section 14.20.050 “Airport tenants and business owners must have proximity card….” has been omitted from Title 14 until future implementation.
been updated since 2019. It is common practice for Airport staff to review Title 14 and make any changes that will ensure the Airport functions safely and more efficiently.
ORDINANCE 2024-XXX 1
ORDINANCE NO. 2024--XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE TITLE 14 RELATING TO
THE CITY’S AIRPORT REGULATIONS
WHEREAS, the City of Arlington has the authority to own and operate the Arlington
Municipal Airport; and
WHEREAS, the City’s airport commission has recently recommended updates to
Arlington Municipal Code (AMC) Title 14 pertaining to the Arlington Municipal Airport
Regulations; and
WHEREAS, the City Council wishes to adopt the updated provisions recommended by
the Airport Commission;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Arlington Municipal Code subsection 14.07.030 shall be and hereby is added
to read as follows:
14.07.030 General rules.
The following general rules shall govern all aeronautical activities of glider
aircraft at the airport:
(1) All aeronautical activities of glider aircraft and tow plane operators at the
airport shall be conducted in conformity with the current pertinent
provisions of the Federal Aviation Administration (FAA) and all other
pertinent airport rules and regulations as set forth in this chapter.
(2) The airport manager or his or her duly authorized representative shall at
all times have the authority to take such action as he or she may deem
necessary for safety of operation and to safeguard the public at the
airport (See regulation 14.20.100).
(3) The airport manager may suspend or restrict any or all glider operations
for reasons of safety or adverse airport conditions whenever such action
is deemed necessary by him or her.
(4) No person, firm, corporation or association shall conduct any commercial
or glider club operations on the airport without first securing written
permission to do so from the airport manager or his or her duly
authorized representative.
ORDINANCE 2024-XXX 2
(5) All glider organizations conducting operations on the airport are to
possess the required level of insurance as indicated in the airport's Title
14.
(6) All gliders and tow planes shall use a functioning two-way VHF radio.
(7) No glider shall be left unattended unless it is properly tied down in an
approved tie-down location. Glider owners are to provide their own tie-
down equipment. Tie-down equipment is to be in good condition and
regularly inspected by the owner.
(8) Gliders will not be parked or left with any part extending over any
taxiway.
(9) Glider trailers are to be parked either on leased property or in the
designated trailer parking area; trailers shall not be parked in the derelict
area without the Airport director’s (or his or her designee’s) written
approval.
Section 2. Arlington Municipal Code subsection 14.08.040 shall be and hereby is amended
to read as follows:
14.08.040 Charges for impounding and storage—Payment.
The charges for impounding and for storage of an aircraft illegally parked at the
Arlington Municipal Airport shall be as set forth herein. The charge for
impounding an illegally parked aircraft shall be two hundred fifty dollars
or the actual cost to the city to have the aircraft impounded or
immobilized, whichever cost is greater. The charge for storage of an
illegally parked aircraft shall be ten dollars per day or the actual cost to
the city to have the aircraft stored, whichever is greater. These charges
shall be paid prior to the release of the aircraft to its owner or the
owner'’s agent. If the charges are not paid within thirty days after
impoundment, the city may proceed to enforce its lien, as provided for in
Section 14.08.030.
Section 3. Arlington Municipal Code subsection 14.16.020 shall be and hereby is amended
to read as follows:
14.16.020 Aircraft fuelers'’ responsibilities.
(a) No person, firm, corporation or association shall receive any fuel for the
purpose of fueling aircraft on Arlington Municipal Airport without first
securing written permission to do so from the airport manager director
or his or her duly authorized representative.
(b) All fuel trucks operating on the Airport must meet WSDOT standards and
shall adhere to International Fire Code (IFC), National Fire Protection
Agency (NFPA), and any City Fire regulations, and must be approved to
operate in writing by the Airport Director or his or her designee. Said fuel
trucks shall
(b) Fuelers shall follow all applicable local, state and federal rules and
regulations regarding fueling aircraft on airports, and shall comply with
any rules and regulations established by their suppliers. All fuel trucks
(including empty trucks and any fuel trailers, which must be approved by
the Airport Director or his or her designee) must be stored within proper
fuel containment devices.
(c) The following are prohibited on the Airport:
(1) Smoking or any open flame within fifty (50) feet of any aircraft, fuel
truck or fuel storage tank of any kind;
(2) Refueling or defueling of an aircraft or other vehicle in any hangar.
(3) Refueling during an electrical storm.
(4) While fueling aircraft, electronic devices such as cell phones, two-
way radios, etc shall not be used until all fueling operations have
been completed.
(5) Hot refueling aircraft while the propellers or blades are in motion
without the authorization from the airport director or his/her
designee.
(6) Flying or releasing a model rocket, kite, fireworks, drone, and RC
aircraft/ helicopters, tethered balloon, etc., on the airport without
written permission.
(d) All fuelers shall comply with the Airport's Spill Prevention, Control and
Countermeasure plan (SPCC plan).
(1) All fuel spills are to be reported per the SPCC plan.
(2) Any person, firm, corporation or association that utilizes a fuel
truck or multiple fuel trucks for fueling operations, whether
personal or commercial, are required to be parked on sufficiently
impervious surface with a means of secondary containment (i.e.,
oil water separator) capable of containing the single largest
compartment or tank and sufficient freeboard to contain
precipitation.
(3) Fuel trucks must be stored in a secure manner (i.e., fencing,
lighting and/or other security measures).
(4) All fuel trucks are required to be parked in secondary containment
areas during nonbusiness hours.
(de) Fuel trucks taking deliveries via truck to truck transfers are required to be
within secondary containment areas and at a distance no closer than two
hundred feet from the nearest aircraft.
(ef) Fuelers utilizing above ground storage tanks (mobile or fixed) shall
provide a minimum of one two million dollars pollution liability insurance
in addition to the insurance requirements in Section 14.20.050 of this
title. All such insurance shall name the city of Arlington as an additional
insured.
(fg) Commercial fuelers shall keep a record of all personnel authorized to fuel
aircraft and shall provide them with proper training. Records of the
training given to each person shall be kept and made available to airport
staff when requested. At least one supervisor must complete an aviation
fuel training course at least once every twenty-four consecutive calendar
months at an approved FAA or industry sponsored fueling course and
must complete the airport's driver training course.
(gh) Fuelers are encouraged to inspect their equipment each day and keep
records of such inspections.
(hi) Fuelers crossing active taxiways and runways are required to have a
functioning two-way aviation radio to monitor air traffic and a flashing
yellow amber light, and must complete the airport’s driver training
course annually.
Section 4. Arlington Municipal Code subsection 14.20.050 shall be and hereby is amended
to read as follows:
14.20.050 Insurance.
Tenants of the Arlington Municipal Airport shall provide insurance in such
coverages as may be agreed upon between the airport and the tenant,
which insurance provisions shall be made applicable to any subtenants on
tenants' leased property. In the absence of a contractual provision,
airport tenants and subtenants shall maintain liability insurance in a
company or companies rated in the current edition of Best's General
Ratings as at least A (Excellent), and Financial Size Category of not less
than Class X or in such other company or companies not so rated which
may be acceptable to Arlington, insuring tenant against all claims for
damages for bodily injury, including death, and against all claims for
damage and destruction of property, which may arise by the acts or
negligence of the tenant, its agents, employees or servants, or by any
means of transportation whatsoever including owned, non-owned and
hired automobiles, to the extent of at least the minimum required
insurance limit as stated in the airport's most current policy, whichever is
greater. In such policy or policies, the city of Arlington shall be named as
an additional insured and be listed on the proof of insurance as such, and
shall be provided with a certificate of insurance to confirm compliance
with this requirement.
Section 5. Arlington Municipal Code subsection 14.20.080 shall be and hereby is amended
to read as follows:
14.20.080 Definitions.
"Aircraft parking and storage areas" means those hangar and apron locations of
the airport designated by the airport manager for the parking and storage
of aircraft. These areas include "tie-down" aprons equipped with rope or
chain devices which are used to secure light-weight aircraft during windy
conditions.
Section 6. Arlington Municipal Code subsection 14.20.090 shall be and hereby is amended
to read as follows:
14.20.090 General requirements.
(a) Accidents resulting in damage to property or injury requiring professional
medical treatment must be reported as soon as practical in person or by
telephone to the airport manager's office.
(b) Commercial activity of any kind, involving the tender of money or barter,
requires the written authorization of the airport manager and payment of
fees if required.
(c) Flying clubs at the airport are considered airport businesses and shall
comply with all requirements applicable to businesses, including
insurance requirements. Flying clubs shall also meet applicable portions
of the airport minimum standards document.
(d) Lost or mislaid property shall be deposited at the airport office, 18204
59th Dr. N.E.
(e) Restricted areas are established for safety and security reasons. Only
tenants are authorized to access their aircraft and hangars within the
AOA. All other portions of the AOA are restricted to authorized personnel
and vehicles. Aircraft shall have the right-of-way at all times in restricted
areas and air operations areas.
Airport tenants and business owners must have proximity card to get gate access
to the AOA. Any lost or stolen proximity card will incur a charge of a
designated amount set forth by airport manager to replace it. It is
required that if a card is lost or stolen that it is reported to airport staff as
soon as possible. Every two years your proximity card will require a
renewal with a fee set forth by the airport. Sharing of proximity cards is
not permitted. If airport tenant has a visitor, it is expected that the
tenant will come get them and escort them to the hangar. The tenant is
responsible for the actions of the visitor.
Section 7. Arlington Municipal Code subsection 14.20.100 shall be and hereby is amended
to read as follows:
14.20.100 Aircraft activities regulated by airport.
(a) Airport Closure. The airport manager is authorized to close the airport to
aircraft operations or to close the landside access roads to the airport.
(b) Restricted Flight. The airport manager following consultation with
aviation business owners will determine restricted or prohibited flight
activities on the AOA.
(c) NOTAMs (Notice To AirmenAir Mission) affecting the airport may be
issued by the airport manager or his/her designee. NOTAMs are also
issued by the FAA.
(d) Fees. The airport commission has the authority to set rates and fees
charged for landing or parking of aircraft, plus other fees related to
customer use of the airport.
(e) Special Events. The airport commission and city council have
responsibility and authority to grant written approval for fly-ins, air
shows, and other special events at the airport.
(f) Flight Operations Restricted. The airport manager has the authority to
restrict or suspend any aircraft operation on the airport when such action
is deemed necessary in the interest of safety or to avoid risk of personal
injury or damage to property.
(g) Special Operations Restricted. Aerial spraying, banner towing, crop
dusting, aerial firefighting operations, or other operations requiring FAA
special waivers require adherence to certain risk terms and conditions,
contained in a written agreement, and approved by the airport manager.
(h) Relocating Aircraft. The airport manager is authorized to direct the
towing or other methods of relocating aircraft parked or stored in
unauthorized or unsafe areas.
(i) Qualified Pilot. A qualified pilot or mechanic must be in the cockpit and at
the controls of the aircraft when an aircraft engine is operating.
(j) Primary Runway. Aircraft operators shall use Runway 16-34 as the
primary runway.
(k) Aircraft Maintenance. Aircraft repair, maintenance, and cleaning shall be
performed only in designated areas.
(l) Hangar Restriction. Operating aircraft engines inside a hangar is
prohibited. Aircraft shall not taxi into or out of any hangar under actual
aircraft engine power. Aircraft shall be towed or pushed by machines or
by hand into and out of hangars.
(m) Authorized Aircraft Parking. Aircraft shall be parked, serviced, loaded,
and unloaded at parking locations designed and designated by the airport
manager or the commercial tenant holding a lease for that portion of the
airport.
(n) Derelict/non-flyable aircraft shall be parked in a derelict aircraft storage
area with written permission of the Airport director or his or her designee
as designated by the airport manager, or shall be removed from the
airport.
(o) Privately owned aircraft hangars shall be used for aircraft storage and
related aviation purposes only. Limited storage of other items shall not
exceed twenty percent of the total hangar area. Flammable liquids are
prohibited from being stored in aircraft hangars except that which is in
the fuel tanks of the aircraft or a maximum of ten gallons in an NFPA
approved fuel storage container. The maximum time a hangar lease can
be continued without the storage of an aircraft is six months.
(p) Prior Written Approval Required. The following aircraft activity is
prohibited on or from the airport without prior written approval of the
airport manager or the FAA:
(1) Parachute or parasail demonstrations or sky diving activities; The airport
manager shall coordinate requests for this activity, subject to review by
the airport commission and/or city council. Proof of liability insurance is
required in an amount and under terms acceptable to the airport
manager.
(q) Exhaust and Propeller/Rotor Blast. No aircraft engine shall be started or
aircraft taxied where the exhaust or propeller/rotor blast may cause
injury to persons, do damage to property, or spread debris on the airside
area or into hangars.
(r) Taxiing of Aircraft. No person shall taxi an aircraft without first taking all
necessary precautions to prevent a collision with other aircraft, persons
or objects, injury to persons or damage to property, or spreading of
debris on the airside area or into hangars. If it is impossible to taxi aircraft
in compliance with this section, then the engine must be shut off and the
aircraft towed to the new location.
Section 8. Arlington Municipal Code subsection 14.20.120 shall be and hereby is amended
to read as follows:
14.20.120 Vehicle operations on airport.
(a) City and State Laws. All motor vehicles on airport public roadways and
public parking lots are governed by state and city traffic ordinances.
(b) AOA Driving Rights. The airport manager has the authority to deny,
restrict, or cancel the right of any motor vehicle driver to operate on the
AOA.
(c) Impoundment. The airport manager has the right to tow or otherwise
move any motor vehicle for reasons of safety, security, abandonment, or
police investigation. The registered owner of any such vehicle shall be
liable for the costs of towing or impoundment.
(d) Runway Authorization. No motor vehicles are permitted on runways
except those operated by employees of the airport, the FAA, emergency
response vehicles, or other vehicles with proper flags or lights and
authorization by the airport manager.
(e) Speed Limits. Unless otherwise posted, the speed limit on all airport
roadways is twenty-five miles per hour (mph). The speed limit for motor
vehicles on all airport apron or ramp areas is fifteen miles per hour
(mph).
(f) Aircraft Have Right-of-Way. A taxiing aircraft on apron or ramp areas
always has the right-of-way over nonemergency motor vehicles and
pedestrians. Motor vehicle drivers are required to pass to the rear of
taxiing aircraft.
(g) Proximity to Aircraft. Motor vehicle operators will not maneuver closer
than ten feet from any aircraft, or park in such a manner as to impede
the movement of aircraft. Specialized vehicles needed to service an
aircraft are excluded from this rule.
(h) Designated Parking. Motor vehicle drivers shall park in designated
parking areas only and for no longer than seventy-two consecutive hours
unless the vehicle owner has paid a long-term parking fee as set by city
resolution. Parking in front of a hangar or at the end of a hangar is not
allowed unless designated parking spots have been identified by the
airport.
(i) Motor Vehicle Maintenance or Display. Motor vehicle drivers, owners,
and agents shall not clean or repair a motor vehicle on airport property
except when specifically authorized by the airport manager. No person
shall use airport property to display vehicles, including, but not limited to
motor homes, boats, and trailers, for sale.
(j) Trailers are only allowed to be parked underneath the beacon on the SW
corner of the airfield. Every trailer being parked at this location requires
written approval from the Airport Director or his/her authorized
representative. Any trailers left without written permission will be
subject to towing and impoundment at the owner’s expense.
(k) Only official vehicles with proper identification and training may be
driven into the Airport Operation Area (AOA) or movement areas. A non-
official vehicle which is registered and whose owner/operator has valid
gate access is allowed access only to their hangar or tiedown. Vehicles
are expected to use the gate access closest to hangar destination. All
vehicles within the controlled access area shall at be driven cautiously at
a safe and reasonable speed not to exceed 15 miles per hour on taxilanes
and 25 mph on taxiways.
(l) Vehicle operators shall observe all applicable laws and regulations of the
airport, including all directional signs, fire lanes and pavement markings
and shall comply with all lawful orders, signals or directives of the Airport
Director or his/her authorized representative. Blocking of any access area
by a motor vehicle or aircraft is prohibited. Violators shall be subject to
tow at owner’s expense.
(m) No person shall drive a motor vehicle on any street, parking lot, driveway
or frontage road, whether it is inside or outside of the controlled access
area (defined as area inside electronically controlled gates) unless such
vehicle is currently licensed and registered under state law with a valid
sticker attached. Properties around the airport affected by airport
operations shall be subject to all FAA, WSDOT, and City standards. This
rule does not apply to electric vehicles such as golf carts.
(n) All vehicles operated on airport property within the controlled access
area shall be maintained in a safe operating condition in accordance with
WSDOT codes and standards.
(o) All cargo of any kind being transported on airport grounds must be
secured in the vehicle so as to ensure nothing falls out onto the roads or
movement areas.
(p) Only equipment and vehicles authorized to operate by the Airport
Director or his/her authorized representative shall be operated within
the AOA. These approved vehicles shall be lighted with a rotating beacon
and equipped with a two way radio at all times while operating within the
AOA. Crossing the runway is prohibited by those other than Airport
Operations employees, those with written approval from the Airport
Director or his/her authorized representative, or those accompanied by
an Airport Operations escort.
Section 9. Arlington Municipal Code subsection 14.20.030 shall be and hereby is amended
to read as follows:
14.20.130 Tenant operations.
(a) FOD Program. The FOD (foreign object debris) program at the airport is of
special concern due to the wide variety of general aviation aircraft using
the airport'’s runway, taxiway, and apron facilities. Motor vehicle traffic
within the AOA contributes to the FOD risk. Small pieces of metal,
pavement, rock, or trash can result in major damage and economic loss
to aircraft engines, propellers, and airframes. Each tenant operator is
required to train and continually emphasize the importance of FOD
pickup and cleanup by all employees, patrons, and visitors.
(b) Employee Responsibility. Tenant operators are responsible for training
their employees, visitors and subtenants on the contents of the most
current airport rules and regulations, airport minimum standards, and
applicable portions of their airport tenant lease or rental agreement(s).
(c) Cleanliness and Maintenance of Tenant Facilities. Tenant operators shall
keep all leased areas free of waste material, rubbish, junk, landscaping
litter, and flammable material. Additionally, tenants are prohibited from
staging or storing anything outside of their hangar or on airport property
at all, including, but not limited to, scissor lifts, boats, RV’s, campers,
forklifts, vehicles, trailers, box trucks, jack stands, jacks, aircraft fuselages,
tugs, pallets, tow bars, etc.
(d) Residential use of hangars or any businesses on airport property is
prohibited by FAA regulations and the FAA Airport Compliance Manual.
Facilities can be used for resting period or pilot lounges, but not as
permanent or even temporary residence for flight crews, pilots, aircraft
owners/ operators, guests, customers, mechanics, or families and
relatives of the same. No beds, fold out couches, futons, or Murphy beds
or anything similar are permitted. The FAA recognizes that only certain
aeronautical uses – such as medical evacuation services – may have a
need for limited and short-term flight crew quarters for temporary use,
including overnight and on-duty times. FAA regulations permit Aircraft
Rescue and Fire Fighting (ARFF) quarters if there is a 24-hour coverage
requirement.
Section 10. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 11. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. The ordinance shall take effect and be in
full force five (5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2024.
CITY OF ARLINGTON
____________________________________
Don E. Vanney, Mayor
Attest:
_________________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
_________________________________
Steven J. Peiffle
City Attorney
ORDINANCE NO. 2024-XX 1
ORDINANCE NO. 2024--XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE TITLE 14 RELATING TO
THE CITY’S AIRPORT REGULATIONS
WHEREAS, the City of Arlington has the authority to own and operate the Arlington
Municipal Airport; and
WHEREAS, the City’s airport commission has recently recommended updates to
Arlington Municipal Code (AMC) Title 14 pertaining to the Arlington Municipal Airport
Regulations; and
WHEREAS, the City Council wishes to adopt the updated provisions recommended by
the Airport Commission;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Arlington Municipal Code subsection 14.07.030 shall be and hereby is added
to read as follows:
14.07.030 General rules.
The following general rules shall govern all aeronautical activities of glider
aircraft at the airport:
(1) All aeronautical activities of glider aircraft and tow plane operators at the
airport shall be conducted in conformity with the current pertinent
provisions of the Federal Aviation Administration (FAA) and all other
pertinent airport rules and regulations as set forth in this chapter.
(2) The airport manager or his or her duly authorized representative shall at
all times have the authority to take such action as he or she may deem
necessary for safety of operation and to safeguard the public at the
airport (See regulation 14.20.100).
(3) The airport manager may suspend or restrict any or all glider operations
for reasons of safety or adverse airport conditions whenever such action
is deemed necessary by him or her.
(4) No person, firm, corporation or association shall conduct any commercial
or glider club operations on the airport without first securing written
permission to do so from the airport manager or his or her duly
authorized representative.
ORDINANCE NO. 2024-XX 2
(5) All glider organizations conducting operations on the airport are to
possess the required level of insurance as indicated in the airport's Title
14.
(6) All gliders and tow planes shall use a functioning two-way VHF radio.
(7) No glider shall be left unattended unless it is properly tied down in an
approved tie-down location. Glider owners are to provide their own tie-
down equipment. Tie-down equipment is to be in good condition and
regularly inspected by the owner.
(8) Gliders will not be parked or left with any part extending over any
taxiway.
(9) Glider trailers are to be parked on leased property or in the designated
trailer parking area; trailers shall not be parked in the derelict area
without the Airport director’s (or his or her designee’s) written approval.
Section 2. Arlington Municipal Code subsection 14.08.040 shall be and hereby is amended
to read as follows:
14.08.040 Charges for impounding and storage—Payment.
The charges for impounding and for storage of an aircraft illegally parked at the
Arlington Municipal Airport shall be as set forth herein. The charge for
impounding an illegally parked aircraft shall be the actual cost to the city
to have the aircraft impounded or immobilized. The charge for storage of
an illegally parked aircraft shall be the actual cost to the city to have the
aircraft stored. These charges shall be paid prior to the release of the
aircraft to its owner or the owner’s agent. If the charges are not paid
within thirty days after impoundment, the city may proceed to enforce its
lien, as provided for in Section 14.08.030.
Section 3. Arlington Municipal Code subsection 14.16.020 shall be and hereby is amended
to read as follows:
14.16.020 Aircraft fuelers’ responsibilities.
(a) No person, firm, corporation or association shall receive any fuel for the
purpose of fueling aircraft on Arlington Municipal Airport without first
securing written permission to do so from the airport director or his or
her duly authorized representative.
(b) All fuel trucks operating on the Airport must meet WSDOT standards and
shall adhere to International Fire Code (IFC), National Fire Protection
Agency (NFPA), and any City Fire regulations, and must be approved to
ORDINANCE NO. 2024-XX 3
operate in writing by the Airport Director or his or her designee. Said fuel
trucks shall comply with any rules and regulations established by their
suppliers. All fuel trucks (including empty trucks and any fuel trailers,
which must be approved by the Airport Director or his or her designee)
must be stored within proper fuel containment devices.
(c) The following are prohibited on the Airport:
(1) Smoking or any open flame within fifty (50) feet of any aircraft, fuel
truck or fuel storage tank of any kind;
(2) Refueling or defueling of an aircraft or other vehicle in any hangar.
(3) Refueling during an electrical storm.
(4) While fueling aircraft, electronic devices such as cell phones, two-
way radios, etc. shall not be used until all fueling operations have
been completed.
(5) Hot refueling aircraft while the propellers or blades are in motion
without the authorization from the airport director or his/her
designee.
(6) Flying or releasing a model rocket, kite, fireworks, drone, and RC
aircraft/ helicopters, tethered balloon, etc., on the airport without
written permission.
(d) All fuelers shall comply with the Airport's Spill Prevention, Control and
Countermeasure plan (SPCC plan).
(1) All fuel spills are to be reported per the SPCC plan.
(2) Any person, firm, corporation or association that utilizes a fuel
truck or multiple fuel trucks for fueling operations, whether
personal or commercial, are required to be parked on sufficiently
impervious surface with a means of secondary containment (i.e.,
oil water separator) capable of containing the single largest
compartment or tank and sufficient freeboard to contain
precipitation.
(3) Fuel trucks must be stored in a secure manner (i.e., fencing,
lighting and/or other security measures).
(4) All fuel trucks are required to be parked in secondary containment
areas during nonbusiness hours.
(e) Fuel trucks taking deliveries via truck-to-truck transfers are required to be
within secondary containment areas and at a distance no closer than two
hundred feet from the nearest aircraft.
(f) Fuelers utilizing above ground storage tanks (mobile or fixed) shall
provide a minimum of two million dollars pollution liability insurance in
ORDINANCE NO. 2024-XX 4
addition to the insurance requirements in Section 14.20.050 of this title.
All such insurance shall name the city of Arlington as an additional
insured.
(g) Commercial fuelers shall keep a record of all personnel authorized to fuel
aircraft and shall provide them with proper training. Records of the
training given to each person shall be kept and made available to airport
staff when requested. At least one supervisor must complete an aviation
fuel training course at least once every twenty-four consecutive calendar
months at an approved FAA or industry sponsored fueling course.
(h) Fuelers are encouraged to inspect their equipment each day and keep
records of such inspections.
(i) Fuelers crossing active taxiways and runways are required to have a
functioning two-way aviation radio to monitor air traffic and a flashing
amber light and must complete the airport’s driver training course
annually.
Section 4. Arlington Municipal Code subsection 14.20.050 shall be and hereby is amended
to read as follows:
14.20.050 Insurance.
Tenants of the Arlington Municipal Airport shall provide insurance in such
coverages as may be agreed upon between the airport and the tenant,
which insurance provisions shall be made applicable to any subtenants on
tenants' leased property. In the absence of a contractual provision,
airport tenants and subtenants shall maintain liability insurance in a
company or companies rated in the current edition of Best's General
Ratings as at least A (Excellent), and Financial Size Category of not less
than Class X or in such other company or companies not so rated which
may be acceptable to Arlington, insuring tenant against all claims for
damages for bodily injury, including death, and against all claims for
damage and destruction of property, which may arise by the acts or
negligence of the tenant, its agents, employees or servants, or by any
means of transportation whatsoever including owned, non-owned and
hired automobiles, to the extent of at least the minimum required
insurance limit as stated in the airport's most current policy, whichever is
greater. In such policy or policies, the city of Arlington shall be named as
an additional insured and be listed on the proof of insurance as such, and
shall be provided with a certificate of insurance to confirm compliance
with this requirement.
ORDINANCE NO. 2024-XX 5
Section 5. Arlington Municipal Code subsection 14.20.080 shall be and hereby is amended
to read as follows:
14.20.080 Definitions.
"Aircraft parking and storage areas" means those hangar and apron locations of
the airport designated by the airport manager for the parking and storage
of aircraft. These areas include "tie-down" aprons equipped with rope or
chain devices which are used to secure light-weight aircraft during windy
conditions.
Section 6. Arlington Municipal Code subsection 14.20.090 shall be and hereby is amended
to read as follows:
14.20.090 General requirements.
(a) Accidents resulting in damage to property or injury requiring professional
medical treatment must be reported as soon as practical in person or by
telephone to the airport manager's office.
(b) Commercial activity of any kind, involving the tender of money or barter,
requires the written authorization of the airport manager and payment of
fees if required.
(c) Flying clubs at the airport are considered airport businesses and shall
comply with all requirements applicable to businesses, including
insurance requirements. Flying clubs shall also meet applicable portions
of the airport minimum standards document.
(d) Lost or mislaid property shall be deposited at the airport office, 18204
59th Dr. N.E.
Section 7. Arlington Municipal Code subsection 14.20.100 shall be and hereby is amended
to read as follows:
14.20.100 Aircraft activities regulated by airport.
(a) Airport Closure. The airport manager is authorized to close the airport to
aircraft operations or to close the landside access roads to the airport.
(b) Restricted Flight. The airport manager following consultation with
aviation business owners will determine restricted or prohibited flight
activities on the AOA.
(c) NOTAMs (Notice To Air Mission) affecting the airport may be issued by
the airport manager or his/her designee. NOTAMs are also issued by the
FAA.
ORDINANCE NO. 2024-XX 6
(d) Fees. The airport commission has the authority to set rates and fees
charged for landing or parking of aircraft, plus other fees related to
customer use of the airport.
(e) Special Events. The airport commission and city council have
responsibility and authority to grant written approval for fly-ins, air
shows, and other special events at the airport.
(f) Flight Operations Restricted. The airport manager has the authority to
restrict or suspend any aircraft operation on the airport when such action
is deemed necessary in the interest of safety or to avoid risk of personal
injury or damage to property.
(g) Special Operations Restricted. Aerial spraying, banner towing, crop
dusting, aerial firefighting operations, or other operations requiring FAA
special waivers require adherence to certain risk terms and conditions,
contained in a written agreement, and approved by the airport manager.
(h) Relocating Aircraft. The airport manager is authorized to direct the
towing or other methods of relocating aircraft parked or stored in
unauthorized or unsafe areas.
(i) Qualified Pilot. A qualified pilot or mechanic must be in the cockpit and at
the controls of the aircraft when an aircraft engine is operating.
(j) Primary Runway. Is runway 34 designated as the calm wind runway when
the wind is less than five knots.
(k) Aircraft Maintenance. Aircraft repair, maintenance, and cleaning shall be
performed only in designated areas.
(l) Hangar Restriction. Operating aircraft engines inside a hangar is
prohibited. Aircraft shall not taxi into or out of any hangar under actual
aircraft engine power. Aircraft shall be towed or pushed by machines or
by hand into and out of hangars.
(m) Authorized Aircraft Parking. Aircraft shall be parked, serviced, loaded,
and unloaded at parking locations designed and designated by the airport
manager or the commercial tenant holding a lease for that portion of the
airport.
(n) Derelict aircraft shall be parked in a derelict aircraft storage area with
written permission of the Airport director or his or her designee or shall
be removed from the airport.
(o) Privately owned aircraft hangars shall be used for aircraft storage and
related aviation purposes only. Limited storage of other items shall not
exceed twenty percent of the total hangar area. Flammable liquids are
prohibited from being stored in aircraft hangars except that which is in
the fuel tanks of the aircraft or a maximum of ten gallons in an NFPA
ORDINANCE NO. 2024-XX 7
approved fuel storage container. The maximum time a hangar lease can
be continued without the storage of an aircraft is six months.
(p) Prior Written Approval Required. The following aircraft activity is
prohibited on or from the airport without prior written approval of the
airport manager or the FAA:
(1) Parachute or parasail demonstrations or sky diving activities; The airport
manager shall coordinate requests for this activity, subject to review by
the airport commission and/or city council. Proof of liability insurance is
required in an amount and under terms acceptable to the airport
manager.
(q) Exhaust and Propeller/Rotor Blast. No aircraft engine shall be started or
aircraft taxied where the exhaust or propeller/rotor blast may cause
injury to persons, do damage to property, or spread debris on the airside
area or into hangars.
(r) Taxiing of Aircraft. No person shall taxi an aircraft without first taking all
necessary precautions to prevent a collision with other aircraft, persons
or objects, injury to persons or damage to property, or spreading of
debris on the airside area or into hangars. If it is impossible to taxi aircraft
in compliance with this section, then the engine must be shut off and the
aircraft towed to the new location.
Section 8. Arlington Municipal Code subsection 14.20.120 shall be and hereby is amended
to read as follows:
14.20.120 Vehicle operations on airport.
(a) City and State Laws. All motor vehicles on airport public roadways and
public parking lots are governed by state and city traffic ordinances.
(b) AOA Driving Rights. The airport manager has the authority to deny,
restrict, or cancel the right of any motor vehicle driver to operate on the
AOA.
(c) Impoundment. The airport manager has the right to tow or otherwise
move any motor vehicle for reasons of safety, security, abandonment, or
police investigation. The registered owner of any such vehicle shall be
liable for the costs of towing or impoundment.
(d) Runway Authorization. No motor vehicles are permitted on runways
except those operated by employees of the airport, the FAA, emergency
response vehicles, or other vehicles with proper flags or lights and
authorization by the airport manager.
(e) Speed Limits. Unless otherwise posted, the speed limit on all airport
roadways is twenty-five miles per hour (mph). The speed limit for motor
ORDINANCE NO. 2024-XX 8
vehicles on all airport apron or ramp areas is fifteen miles per hour
(mph).
(f) Aircraft Have Right-of-Way. A taxiing aircraft on apron or ramp areas
always has the right-of-way over nonemergency motor vehicles and
pedestrians. Motor vehicle drivers are required to pass to the rear of
taxiing aircraft.
(g) Proximity to Aircraft. Motor vehicle operators will not maneuver closer
than ten feet from any aircraft, or park in such a manner as to impede
the movement of aircraft. Specialized vehicles needed to service an
aircraft are excluded from this rule.
(h) Designated Parking. Motor vehicle drivers shall park in designated
parking areas only and for no longer than seventy-two consecutive hours
unless the vehicle owner has paid a long-term parking fee as set by city
resolution.
(i) Motor Vehicle Maintenance or Display. Motor vehicle drivers, owners,
and agents shall not clean or repair a motor vehicle on airport property
except when specifically authorized by the airport manager. No person
shall use airport property to display vehicles, including, but not limited to
motor homes, boats, and trailers, for sale.
(j) Trailers are only allowed to be parked underneath the beacon on the SW
corner of the airfield. Every trailer being parked at this location requires
written approval from the Airport Director or his/her authorized
representative. Any trailers left without written permission will be
subject to towing and impoundment at the owner’s expense.
(k) Only official vehicles with proper identification and training may be
driven into the Airport Operation Area (AOA) or movement areas. A non-
official vehicle which is registered and whose owner/operator has valid
gate access is allowed access only to their hangar or tiedown. Vehicles
are expected to use the gate access closest to hangar destination. All
vehicles within the controlled access area shall at be driven cautiously at
a safe and reasonable speed not to exceed 15 miles per hour on taxilanes
and 25 mph on taxiways.
(l) Vehicle operators shall observe all applicable laws and regulations of the
airport, including all directional signs, fire lanes and pavement markings
and shall comply with all lawful orders, signals or directives of the Airport
Director or his/her authorized representative. Blocking of any access area
by a motor vehicle or aircraft is prohibited. Violators shall be subject to
tow at owner’s expense.
(m) No person shall drive a motor vehicle on any street, parking lot, driveway
or frontage road, whether it is inside or outside of the controlled access
area (defined as area inside electronically controlled gates) unless such
vehicle is currently licensed and registered under state law with a valid
ORDINANCE NO. 2024-XX 9
sticker attached. Properties around the airport affected by airport
operations shall be subject to all FAA, WSDOT, and City standards.
(n) All vehicles operated on airport property within the controlled access
area shall be maintained in a safe operating condition in accordance with
WSDOT codes and standards.
(o) All cargo of any kind being transported on airport grounds must be
secured in the vehicle so as to ensure nothing falls out onto the roads or
movement areas.
(p) Only equipment and vehicles authorized to operate by the Airport
Director or his/her authorized representative shall be operated within
the AOA. These approved vehicles shall be lighted with a rotating beacon
and equipped with a two-way radio at all times while operating within
the AOA. Crossing the runway is prohibited by those other than Airport
Operations employees, those with written approval from the Airport
Director or his/her authorized representative, or those accompanied by
an Airport Operations escort.
Section 9. Arlington Municipal Code subsection 14.20.030 shall be and hereby is amended
to read as follows:
14.20.130 Tenant operations.
(a) FOD Program. The FOD (foreign object debris) program at the airport is of
special concern due to the wide variety of general aviation aircraft using
the airport’s runway, taxiway, and apron facilities. Motor vehicle traffic
within the AOA contributes to the FOD risk. Small pieces of metal,
pavement, rock, or trash can result in major damage and economic loss
to aircraft engines, propellers, and airframes. Each tenant operator is
required to train and continually emphasize the importance of FOD
pickup and cleanup by all employees, patrons, and visitors.
(b) Employee Responsibility. Tenant operators are responsible for training
their employees, visitors and subtenants on the contents of the most
current airport rules and regulations, airport minimum standards, and
applicable portions of their airport tenant lease or rental agreement(s).
(c) Cleanliness and Maintenance of Tenant Facilities. Tenant operators shall
keep all leased areas free of waste material, rubbish, junk, landscaping
litter, and flammable material. Additionally, tenants are prohibited from
staging or storing anything outside of their hangar or on airport property
at all, including, but not limited to, scissor lifts, boats, RV’s, campers,
forklifts, vehicles, trailers, box trucks, jack stands, jacks, aircraft fuselages,
tugs, pallets, tow bars, etc.
(d) Residential use of hangars or any aeronautical businesses on airport
property is prohibited by FAA regulations and the FAA Airport
ORDINANCE NO. 2024-XX 10
Compliance Manual. Facilities can be used for resting period or pilot
lounges, but not as permanent or even temporary residence for flight
crews, pilots, aircraft owners/operators, guests, customers, mechanics,
or families and relatives of the same. No beds, fold out couches, futons,
or Murphy beds or anything similar are permitted. The FAA recognizes
that only certain aeronautical uses – such as medical evacuation services
– may have a need for limited and short-term flight crew quarters for
temporary use, including overnight and on-duty times. FAA regulations
permit Aircraft Rescue and Fire Fighting (ARFF) quarters if there is a 24-
hour coverage requirement.
Section 10. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 11. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. The ordinance shall take effect and be in
full force five (5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2024.
CITY OF ARLINGTON
____________________________________
Don E. Vanney, Mayor
Attest:
________________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
_________________________________
Steven J. Peiffle
City Attorney
City of Arlington Council Agenda Bill NB #5 Attachment April 1, 2024 AXON Contract for Body-Worn Cameras and Electronic Control Devices (Tasers)
March 27, 2024 Memo
Police; Mike Gilbert, Commander EXPENDITURES REQUESTED: $20,926.85 BUDGET CATEGORY: Police BUDGETED AMOUNT: $75,000.00 LEGAL REVIEW: DESCRIPTION: body-worn cameras and electronic control devices (tagreement with AXON that adds additional licensing to the current contract. Renewing the agreement will extend our contract with AXON an additional three years.
The city entered into an agreement with AXON in November of 2021 for five years. There are two years remaining, however, we have a need to add additional user licensing for the recently hired officers. The new agreement would be for five years. ALTERNATIVES:
(tasers) and authorize the Mayor to sign, subject to review by the City Attorney.
ARLINGTON POLICE DEPARTMENT
Memorandum
To: Paul Ellis, City Administrator
From: Jonathan Ventura, Chief of Police
Date: March 27, 2024
Subject: Cost Benefit Analysis - Early Renewal of AXON Subscription
PURPOSE:
This report presents a cost-benefit analysis for the early renewal of the City of Arlington
Police Department's AXON product and service subscription. This subscription
encompasses Body-worn Cameras, Electronic Control Devices (ECDs/Tasers), Digital
Evidence Cloud Storage (Evidence.com) with Redaction Tools, and associated User
Licensing.
FACTS:
In November 2021, in response to a nationwide civil rights and police reform movement,
the Arlington City Council endorsed implementing a body -worn camera (BWC) program.
This initiative aimed to enhance accountability and transparency within the police
department and with Arlington's citizens.
The City of Arlington entered into a 5-year subscription agreement with Axon, a leading
public safety technology, training, and software provider. This comprehensive agreement
includes BWCs, ECDs, Digital Evidence Cloud Storage/Redaction Tools, and associated
User Licensing.
Axon dominates the law enforcement BWC market with over 70% market share and
almost exclusively among law enforcement agencies in Snohomish County that are part
of the Snohomish County 911 Public Safety Answering Point (PSAP).
Due to recent staffing increases within the Arlington Police Department, the number of
Axon user licenses and associated equipment needs to be expanded by five to
accommodate new officers and support staff.
ANALYSIS:
The City of Arlington is in the third year of its five -year subscription agreement.
Subscribing to an additional five user licenses, including the associated equipment, will
cost the City of Arlington an extra 10% to 15% above the current yearly rate, translating
to an additional $33,984 to $50,976 annually.
Alternatively, Axon has offered the City of Arlington the opportunity to renew its current
subscription for an additional five years, inclusive of the required five user licenses and
associated bundled equipment, at an annual rate of $20,926.85 above the current yearly
rate if renewed before the next billing cycle, expected in early April 2024.
RECOMMENDATION:
It is recommended that the city council authorize a 2024 budget amendment to facilitate
the early renewal of the Axon subscription. This renewal would incorporate the addition
of five user licenses and associated bundled equipment, enabling the city to ach ieve
savings between a minimum of $65,290 to $150,250 over the next five years.
Your thoughtful consideration of these recommendations is appreciated.
Sincerely,
Jonathan Ventura