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Home My WebLink About09-11-23 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Sole Source Resolution for Airport On-Call Services ATTACHMENT A Staff Presentation: Marty Wray / Lorene Robinson Council Liaison: Michele Blythe 2. Amendment No. 1 for Haller Wellfield Improvement Project ATTACHMENT B Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 3. Amendment No. 3 to SR-530 Roundabout Design ATTACHMENT C Staff Presentation: Jim Kelly Council Liaison: Jan Schuette SPECIAL MEETING – FINAL ACTION MAY BE TAKEN 1. Amendment No. 2 to Interlocal Cooperation Agreement ATTACHMENT D Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette ADMINISTRATOR & STAFF REPORTS Mayor Barb Tolbert Mayor Barb Tolbert Arlington City Council Workshop and Special Meeting Monday, September 11, 2023 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. MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert City of Arlington Council Agenda Bill WS #1 Attachment September 11, 2023 Sole Source Procurement of Airport Lighting and Equipment Services and Training Airport Director Memo, Resolution, ADB Memo, ADB Sales Map, and Professional Services Agreement Airport; Marty Wray, Operations Manager / Lorene Robinson, Operations Specialist EXPENDITURES REQUESTED: Anticipated not to exceed $8,000 annually BUDGET CATEGORY: Professional Services BUDGETED AMOUNT: $8,000 annually LEGAL REVIEW: DESCRIPTION: Airport staff is requesting that the City Council approve a sole source professional services agreement with Airside Solutions, Inc. under a new contract for an additional three years. The Arlington Municipal Airport currently has a sole source professional services agreement with Airside Solutions, Inc. that expires in October. Staff would like to enter into a new contract with Airside Solutions, Inc. to inventory parts and to train city staff in airfield lighting testing and safety. Airside Solutions, Inc. is an airfield lighting supplier, contractor, and is the only supplier in Washington State. They are the only company that can provide the airport construction, testing, and training services. Although there are other suppliers for this equipment in the country, they do not offer the training services as Airside Solutions, Inc. offers (refer to memo for a detailed list of companies). This contract will be for an “as used” basis. We do not anticipate that the consulting services and training costs will exceed more than $8,000 annually. Staff has used Airside Solutions, Inc. in the past for purchasing of supplies, consulting services, and personnel training. The Arlington Municipal Airport currently has a sole source professional services agreement with Airside Solutions, Inc. that expires in October. The City Council previously approved a sole ALTERNATIVES: Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 TO: Arlington City Council FROM: David Ryan DATE: September 5, 2023 SUBJECT: Sole Source Procurement of Airport Lighting and Equipment Services and Training Airport staff is requesting the Arlington City Council approve a contract between Airside Solutions, Inc. (an airfield lighting supplier and contractor) and the Arlington Municipal Airport. Airfield lighting and signage is a very specialized field and although there are several companies that sell various brands of lighting and signs, only Airfield Solutions carries the ADB (formerly Siemens) brand that our airport uses. They are also the only supplier in Washington State that I have been able to locate. There are few suppliers for this equipment throughout the US, but most of these only sell the parts and equipment and do not provide either construction, testing or training services, as does Airfield Solutions, Inc. Below are the only companies I was able to find in the US using a Google search: 1.) Airport Lighting Company, New York State. No training services available 2.) Flightlite, Sacramento, CA. No training services available 3.) Airport Lighting.Com. Online sales only. No training or testing services. 4.) Airport Suppliers, United Kingdom. No training or testing services. 5.) Airport Lighting Equipment, Idaho. No training or testing services. The contract we wish to enter into provides not only inventory control of spare parts and equipment, it provides testing services of the various airfield lighting electrical circuits, and training services to airport and M&O staff members (something no other supplier provides.) They are also the only company based in Washington State. This contract will be for an “as used” basis only. We do not anticipate that the consulting services and training costs will exceed more than $8,000 annually. RESOLUTION NO. 2023-011 A RESOLUTION OF THE CITY OF ARLINGTON TO WAIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF AIRFIELD LIGHTING AND EQUIPMENT SERVICES AND TRAINING FOR USE BY THE CITY OF ARLINGTON MUNICIPAL AIRPORT WHEREAS, the Arlington Municipal Airport utilizes a significant amount of lighting and signage supplies and plans significant projects for signage and lighting in 2023-2024; and WHEREAS, all or virtually all of the City’s existing supplies are manufactured by ADB (formerly known as Siemens); and WHEREAS, Airfield Solutions Inc. is the only supplier of ADB equipment in the United States which also provides construction, testing and training services; and WHEREAS, RCW 35.23.352(9) permits the waiving of bidding requirements for the purchase of materials which are clearly and legitimately limited to a single source of supply or services which are subject to special market conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, as follows: Section 1: The City Council of the City of Arlington finds that the acquisition of airfield lighting and equipment services and training clearly limits the City of Arlington to a single source of supply, justifying the waiver of competitive bidding requirements. Section 2: The City Council of the City of Arlington hereby waives the bidding requirements for the purchase of airfield lighting, signage, and training for use by the Arlington Municipal Airport. Section 3: This resolution will be effective for three (3) years from the date of contract execution. APPROVED by the Mayor and City Council of the City of Arlington this 18th day of September, 2023. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney ADB SAFEGATE | 977 Gahanna Parkway | Columbus, Ohio 43230 - USA | T: +1 614 861 1304 | F: +1 614 864 2069 www.adbsafegate.com 8/22/2023 Arlington Municipal Airport Attn: Dave Ryan 18204 59th Drive NE Arlington, WA 98223 Subject: Sole Source Dave, Airside Solutions in Washington State is the exclusive distributor of ADB Safegate products in the State of Washington. If you have any questions regarding his please feel free to reach out to me at the below. Regards, Jim Taylor Director of Sales, Airfield Ground Lighting P# 614 257 2608 Jim.Taylor@ADBSAFEGATE.com QC NB NS NL NL ON MBSKABBC NUNTYT PE VA NC SCGA FL AL KY PA MI WI AK ME NH MARICTNJDEMD V T DC HI AK NY OHIN TNAR LA MS IL IA MO MN KS NE SD ND TX OKNM CO WY MT AZ UT ID NV CA OR WA WV Sales Map: North America www.adbsafegate.comAirfield and Gate Solutions Technical Service: 1-800-545-4157, Press 3 Airfield SolutionsEastern U.S.Airfield SolutionsWestern U.S. Sales Manager, Nor theast Sales Manager, Central Chuck BertkeRegional Sales Director, Eastern U.Schuck.bertke@adbsafegate.comTel: +1 614-307-2572 Mike BushSenior Bid Managermike.bush@adbsafegate.comTel: +1 614-573-8212 Brenda LongwellSenior Bid Managerbrenda.longwell@adbsafegate.comTel: +1 614-573-8255 Jim TaylorRegional Sales Director, Western U.S.jim.taylor@adbsafegate.comTel: +1 614-573-8288Mobile: +1 614-357-2608 Bram ZeierBid Managerbram.zeier@adbsafegate.comTel: +1 614-573-8256 Jason WatsonBid Managerjason.watson@adbsafegate.comTel: +1 614-573-8214 Chuck BertkeRegional Sales Director, Eastern U.Schuck.bertke@adbsafegate.comTel: +1 614-307-2572 Jim TaylorRegional Sales Director, Western Regionjim.taylor@adbsafegate.comTel: +1 614-573-8288Mobile: +1 614-357-2608 Sales Manager, Great Lakes Sales Manager, Southwest/Oceania Galen DixonSales Managergalen.dixon@adbsafegate.comTel: +1 614-552-2694 Tim WinkelmanSales Managertim.winkelman@adbsafegate.comTel: +1 614-573-8283 Sales Team, Southeast Sales Team, Northwest Allen Enterprises, Inc.5659 Commerce Drive, Suite 100Orlando, FL 32839Tel: +1 407-857-6778Tel: +1 800-662-2177Fax: +1 407-857-7993 Sales TeamPerry SuganumaSales Managerperry@airportlights.com Bob WelterSenior Bid Managerbob@airportlights.com Keith MeeseAftermarket Sales & Support:keith@airportlights.com Airside Solutions, Inc.2222 West Valley Hwy North, Suite 140Auburn, WA 98001Tel: +1 253-833-6434Tel: +1 800-275-6649 Sales TeamRick LaffertyRegion Managerrlafferty@airsidesolutionsinc.com Jake NelsonOutside Salesjnelson@airsidesolutionsinc.com Mike StevensBid Managermstevens@airsidesolutionsinc.com Randy AshbyCustomer Service Managerrashby@airsidesolutionsinc.com Jared RiceCustomer Servicejrice@airsidesolutionsinc.com Gordon WinburnTechnical Sales & Support Managergwinburn@airsidesolutionsinc.com Aaron GoodrichTechnical Sales & Serviceagoodrich@airsidesolutionsinc.com Airfield SolutionsCanada ADB SAFEGATE Canada, Inc.3375 North Service Road, Unit C5Burlington, Ontario, L7N 3G2CanadaTel: +1 905-631-1597Fax: +1 905-631-5387 Russell MuellerNational Sales Managerrussell.mueller@adbsafegate.comTel: +1 905-631-1597 x3808 Devan LongSenior Bid Managerdevan.long@adbsafegate.comTel: +1 905-631-1597 x3804 Christopher HuynhBid Managerchristopher.huynh@adbsafegate.comTel: +1 905-631-1597 x3816 Emilie BanyogContract Administrator:emilie.banyog@adbsafegate.comTel: +1 614-573-8230 Gate SolutionsCanada and U.S. Doug WoehlerDirector of Sales, USA and Canada doug.woehler@adbsafegate.comTel: +1 732-991-2837 AftermarketSales & Service Sales Support TeamKathy Seabloom, ManagerWilson DegeoChristina CooperJohn SmithHannah Uttsalessupport@adbsafegate.comTel: +1 800-545-4157, Press 4Tel: +1 614-861-1304 (US)Tel: +1 905-631-1597 (Canada) PERSONAL/PROFESSIONAL SERVICES AGREEMENT Project Name________________________________________ Project No__________ THIS AGREEMENT, is made and entered into in duplicate this _____ day of ______________, 202_, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and ___________________________, hereinafter referred to as the "SERVICE PROVIDER". NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties hereto agree as follows: 1.SCOPE OF SERVICES The SERVICE PROVIDER shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are identified and designated as SERVICE PROVIDER responsibilities throughout this Agreement and as detailed in Exhibit "A" attached hereto and incorporated herein (the "Project"). 2.TERM The Project shall begin on ______________ , 202 , and shall be completed no later than ________________, 202 unless sooner terminated according to the provisions herein. Agreement may be extended upon written agreement by both parties. 3.CONTACT WITH CITY EMPLOYEES During the term of this Agreement, the SERVICE PROVIDER shall interact only with the following authorized CITY employees or agents, and with no other CITY employees absent written authorization to do so: 4.COMPENSATION AND METHOD OF PAYMENT 4.1 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. 4.2 No payment shall be made for any service rendered by the SERVICE PROVIDER except for services identified and set forth in this Agreement. 4.3 The CITY shall pay the SERVICE PROVIDER for work performed under this Agreement as follows: Page 1 of 12 rev 1.17.23 4.3.1 SERVICE PROVIDER shall submit monthly invoices detailing work performed and expenses for which reimbursement is sought. 4.3.2 CITY shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 4.4 CITY shall pay SERVICE PROVIDER for such services: (check one) Hourly: $__________ per hour, plus actual expenses, but not to exceed a total of $______________ without an amendment to the contract. Hourly billing shall be no smaller than fifteen (15) minutes; Fixed Sum: A total amount of $ _____________, including tax if applicable Other: _________________________________________________________ for all work performed and expenses incurred under this Agreement. 4.5 CITY reserves the right to withhold payment under this Agreement which is determined, in the reasonable judgment of the City Administrator or his/her designee to be noncompliant with this Agreement, the Scope of Services attached hereto, City standards, or city, state or federal law. 5.REPRESENTATIONS CITY has relied upon the qualifications of SERVICE PROVIDER in entering into this Agreement. By execution of this Agreement, SERVICE PROVIDER 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 this Agreement. 6.STANDARD OF CARE SERVICE PROVIDER shall exercise the degree of skill and diligence normally employed by SERVICE PROVIDERs engaged in the same profession and performing the same or similar services at the time such services are performed. SERVICE PROVIDER will be responsible for the technical accuracy of its services and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies therein. SERVICE PROVIDER agrees to correct any deficiencies discovered without additional compensation, except to the extent such deficiencies are directly attributable to deficiencies or omissions in City-furnished information. 7.REPORTS AND INSPECTIONS 7.1 The SERVICE PROVIDER at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. Page 2 of 12 rev 1.17.23 7.2 The SERVICE PROVIDER shall at any time during normal business hours and as often as the CITY or State Auditor may deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the CITY or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The CITY shall receive a copy of all audit reports made by the agency or firm as to the SERVICE PROVIDER's activities. The CITY may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the SERVICE PROVIDER's activities which relate, directly or indirectly, to this Agreement. 8.INDEPENDENT CONTRACTOR RELATIONSHIP The parties intend that an independent contractor 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 SERVICE PROVIDER. SERVICE PROVIDER shall not be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the SERVICE PROVIDER is not entitled to any of the benefits the CITY provides for its employees. The SERVICE PROVIDER will be solely and entirely responsible for his/her acts during the performance of this Agreement. 9.HOLD HARMLESS/INDEMNIFICATION 9.1 SERVICE PROVIDER shall, at its sole expense, defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, actions, suits, liability, loss, or costs including attorney fees, caused by the wrongful or negligent acts, errors or omissions of the SERVICE PROVIDER or the SERVICE PROVIDER’s agents, employees or subcontractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY or the CITY’s agents or employees. 9.2 SERVICE PROVIDER’s duty to indemnify and hold the CITY harmless against liability for damages arising out of or caused by the concurrent negligence of CITY or CITY’s employees or agents and SERVICE PROVIDER or SERVICE PROVIDER’s employees or agents shall apply only to the extent of the negligence or wrongdoing of SERVICE PROVIDER and SERVICE PROVIDER’s employees or agents. 9.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the SERVICE PROVIDER and the CITY, its officers, officials, employees, and volunteers, the SERVICE PROVIDER's liability, including the duty and cost to defend, hereunder shall be only to the extent of the SERVICE PROVIDER’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the SERVICE PROVIDER’s waiver of Page 3 of 12 rev 1.17.23 immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. SERVICE PROVIDER certifies, by signing this Agreement, that this indemnification provision was mutually negotiated. The provisions of this section shall survive the expiration or termination of this Agreement. 9.4 No liability shall attach to the CITY by reason of entering into this Agreement except as expressly provided herein. 10.INSURANCE The SERVICE PROVIDER shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the SERVICE PROVIDER, its agents, representatives, or employees. 10.1 Insurance Term. The SERVICE PROVIDER shall procure and maintain insurance, as required in this Section, without interruption from commencement of the SERVICE PROVIDER’s work through the term of this Agreement and for thirty (30) days after the completion date, unless otherwise indicated herein. 10.2 No Limitation. The SERVICE PROVIDER’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the SERVICE PROVIDER to the coverage provided by such insurance, or otherwise limit the CITY’s recourse to any remedy available at law or in equity. 10.3 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of the types described below: 10.3.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 10.3.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the SERVICE PROVIDER's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 10.3.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 4 of 12 rev 1.17.23 10.3.4 Professional Liability insurance appropriate to the PROFESSIONAL’s profession, if applicable. 10.4 Minimum Amounts of Insurance. SERVICE PROVIDER shall maintain the following insurance limits: 10.4.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 10.4.2 Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. 10.4.3 If applicable, Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. 10.5 Other Insurance Provisions. The SERVICE PROVIDER’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any Insurance, self-insurance, or self-insured pool coverage maintained by the CITY shall be excess of the SERVICE PROVIDER’s insurance and shall not contribute with it. 10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 10.7 Verification of Coverage. SERVICE PROVIDER shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the SERVICE PROVIDER before commencement of the work. 10.8 Subcontractors’ Insurance. The SERVICE PROVIDER shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the SERVICE PROVIDER-provided insurance as set forth herein, except the SERVICE PROVIDER shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The SERVICE PROVIDER shall ensure that the CITY is an additional insured on each and every subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 10.9 Notice of Cancellation. SERVICE PROVIDER shall provide the CITY with written notice of any policy cancellation within two business days of their receipt of such notice. Page 5 of 12 rev 1.17.23 10.10 Failure to Maintain Insurance. Failure on the part of the SERVICE PROVIDER to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the SERVICE PROVIDER to correct the breach, immediately terminate this Agreement 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 SERVICE PROVIDER from the CITY. 10.11 City Full Availability of Professional Limits. If the SERVICE PROVIDER 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 SERVICE PROVIDER, irrespective of whether such limits maintained by the SERVICE PROVIDER are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the SERVICE PROVIDER. 11.OWNERSHIP OF ASSETS Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY shall become the owner of the work product and other documents, if any, prepared by the SERVICE PROVIDER pursuant to this Agreement. 12.COMPLIANCE WITH LAWS 12.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, prevailing wage if applicable to comply with every provision of Chapter 39.12 of the Revised Code of Washington and any other standards or criteria as described in this Agreement to assure quality of services. 12.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 12.3 The SERVICE PROVIDER shall, prior to performing services under this agreement, obtain a city business license as required by AMC 5.28.050. 12.4 If the SERVICE PROVIDER maintains a professional license through the State of Washington, SERVICE PROVIDER shall maintain said license as require by the State of Washington. Should SERVICE PROVIDERs professional license be revoked or suspended, SERVICE PROVIDER shall immediately cease services and shall notify the CITY in writing of the same. Page 6 of 12 rev 1.17.23 12.5 If applicable, the SERVICE PROVIDER agrees that before it undertakes performance of the Contract, it will file with the City a Performance and Payment Bond in the full amount of the Contract price, executed by itself as a principal and one or more surety companies authorized to do business in the State of Washington as surety, in a form acceptable to the City. 13.NONDISCRIMINATION 13.1 The CITY is an equal opportunity employer. 13.2 Nondiscrimination in Employment. In the performance of this Agreement, the SERVICE PROVIDER will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The SERVICE PROVIDER shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The SERVICE PROVIDER shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 13.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. 13.4 If any assignment and/or subcontracting has been authorized by the CITY, said assignment or subcontract shall include appropriate safeguards against discrimination. The SERVICE PROVIDER shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 14.ASSIGNMENT/SUBCONTRACTING 14.1 The SERVICE PROVIDER shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the CITY, and it is further agreed that said consent must be sought in writing by the SERVICE PROVIDER not less than thirty (30) days prior to the date of any proposed Page 7 of 12 rev 1.17.23 assignment. The CITY reserves the right to reject without cause any such assignment. 14.2 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. 15.CHANGES OR AMENDMENTS 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. 16.OWNERSHIP, MAINTENANCE AND INSPECTION OF RECORDS 16.1 All drawings, plans, specifications, and other related documents prepared by SERVICE PROVIDER under this Agreement are and shall be the property of CITY and may be subject to disclosure pursuant to RCW Chapter 42.56 or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by SERVICE PROVIDER under this Agreement shall, unless otherwise provided, be deemed the property of the CITY. CITY shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the CITY’s use. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or part, and reports, data, drawings, images or other material prepared under this Agreement, provided that SERVICE PROVIDER shall have no liability for the use of SERVICE PROVIDER’s work product outside of the scope of its intended purpose, and the CITY agrees to indemnify and hold the SERVICE PROVIDER harmless from such use. 16.2 The SERVICE PROVIDER shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 16.3 The SERVICE PROVIDER shall retain all books, records, documents and other material relevant to this Agreement, for six (6) years after its expiration. The SERVICE PROVIDER agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period. SERVICE PROVIDER agrees to cooperate with the CITY to produce in a timely Page 8 of 12 rev 1.17.23 manner any records in the possession of SERVICE PROVIDER relating to the performance of this Agreement which are or may be the subject of a valid request under the Public Records Act, RCW Chapter 42.56. 17.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, an agreement cannot be reached, this Agreement may be terminated by the City no sooner than sixty (60) days thereafter. 18. TERMINATION 18.1 Termination for Convenience. The CITY may terminate this Agreement, in whole or in part, at any time, by at least five (5) days written notice to the SERVICE PROVIDER. 18.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the manner called for in this Agreement, or if the SERVICE PROVIDER fails to comply with any other provisions of the Agreement and fails to correct such noncompliance within five (5) days written notice thereof, the CITY may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the SERVICE PROVIDER setting forth the manner in which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will only be paid for services performed in accordance with the manner of performance set forth in this Agreement. 19.NOTICE Notices, other than applications for payment, shall be given in writing to the persons named below: TO THE CITY: TO THE SERVICE PROVIDER: ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ 20.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. Page 9 of 12 rev 1.17.23 21.WAIVER No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 22.JURISDICTION AND VENUE 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. 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. 23.SEVERABILITY 23.1 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. 23.2 If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 24.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. Page 10 of 12 rev 1.17.23 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. CITY OF ARLINGTON: _____________________________________ City Authorized Representative _____________________________________ (Print) ____________________________________ (Title) ____________________________________ ____________________________________ (Print) __________________________________________ (Title) Page 11 of 12 rev 1.17.23 EXHIBIT A Scope of Work Page 12 of 12 rev 1.17.23 City of Arlington Council Agenda Bill Item: WS #2 Attachment BCOUNCIL MEETING DATE: September 11, 2023 Brown and Caldwell contract Amendment No. 1 for Haller Wellfield Improvement Project Scope of Work and Fee Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: PENDING BUDGET CATEGORY: Water Capital Fund (405) BUDGETED AMOUNT: $1,050,000.00 (2023) $100,000 (2024)LEGAL REVIEW: DESCRIPTION: Wellhouse siting for the Haller Wellfield Improvement Project. Public Works has been working for several years on securing and developing new water sources to ensure water availability for Arlington’s future. In October 2021 the City entered into contract with Brown and Caldwell to develop the plan for installing two new production wells at the Haller wellfield site and subsequent monitoring. The original contract has taken the design to 30% and received approval from the Department of Health, we are now ready to complete the design (30% to 100%) and prepare a construction package ready for bid. ALTERNATIVES: Remand to staff for further consideration. Workshop; discussion only. At the September 18, 2023 Council meeting, the recommended motion will be, “I move to approve the contract amendment with Brown and Caldwell in the amount of $XXX,XXX for 100% design documents for the Haller Wellfield Improvement Project and authorize the Mayor to sign the amendment.” Exhibit A Scope of Work | 1 Arlington Haller Amendment 02_090523 701 Pike Street, Suite 1300 Seattle, WA 98101-2310 T: 206.624.0100 Scope of Work Haller Wellfield Improvement Project Amendment 02 City of Arlington September 5, 2023 Amendment Overview Amendment 02 adds the following phases to the existing contract: · Phase 400: Detailed Design It also adds time to project management since the contract is extending many months. One additional phase that will be scoped after completion of Phase 400: · Phase 500: Services During Construction Phase 100: Project Management Effort is added for overall project management, tracking, and reporting and provide monthly invoicing. Task 210: Client Meetings This subtask assumes monthly check-in meetings throughout the project duration. The BC Team will meet with the City for a 90% design workshop. It also assumes two additional client meetings. Task 220: Project Schedule BC will work with the City to maintain the design schedule with routine check-ins. Additionally, BC will maintain an internal MS Project schedule to meet internal scheduling standards. Task 230: On-going PM This task includes update of a project and quality management plan, monthly invoicing and progress updates, and leadership and coordination of the design team. Assumptions: · This amendment will add eight months to the project management schedule (October 2023 through May 2024). Haller Wellfield Improvement Project - SOW 2 Arlington Haller Amendment 02_090523 Phase 400: Detailed Design This phase provides for advancing the preliminary design to a set of bid-ready documents, then provides services during the bidding period. Task 401: 30% Design Comments This task is focused on responding to the City’s comments on the 30% design and incorporating changes into the 90% design submittal. Assumptions: · No additional comments will be provided by the City on the 30% design submittal. Task 402: Geotechnical Site Investigation This task outlines to alternatives and costs for a seismic evaluation for the new wellhouses. The selection of the alternative will depend on the City's desire to understand the potential seismic hazards at the site. We note that the mitigation design of the seismic hazards at the site is likely beyond the scope of the current project and that typical mitigation methods could have a negative impact on the performance of the water supply wells. If a specific scope item is not listed below, do not assume it is included. BC’s structural engineer prefers Alternative 1. Alternative 1 – Geotechnical Recommendations and Seismic Hazard Assessment Alternative 1 includes providing geotechnical recommendations specific to the two structures, providing general geotechnical recommendations related to excavation and trenching, and evaluating the seismic hazard risk at the site. The scope includes: · Performing one (1) 50-foot soil boring using mud rotary drilling methods; · Performing four (4) grain-size analyses on selected samples; · Providing an assessment of site class and the design spectrum to support the seismic design following the 2015 International Building Code and American Society of Civil Engineers Standard 7- 10; · Developing recommended geotechnical foundation design parameters for the observed · subsurface conditions; · Evaluating geologic hazards, such as fault rupture, liquefaction, and lateral spreading, · and corresponding requirements in applicable development codes; · Providing geotechnical recommendations related to excavation sideslopes, trenching, · pipe bedding, and site grading and preparation procedures; · Preparing a geotechnical data report containing the boring log and results of the laboratory testing; · Preparing a geotechnical design memorandum (GDM) containing the results of the · geotechnical analyses to support the City of Arlington permitting process. The findings would be presented in the geotechnical reports. A draft and final version will be provided. Alternative 2 – Geotechnical Recommendations Alternative 2 includes providing geotechnical recommendations for the two structures. The scope includes: · Performing one (1) 20-foot soil boring performed using mud-rotary drilling methods; · Developing foundation recommendations for preliminary design of the buildings; · Providing geotechnical recommendations related to foundation subgrade preparation; · Preparing a GDM containing the boring log and foundation recommendations. Haller Wellfield Improvement Project - SOW 3 Arlington Haller Amendment 02_090523 This alternative does not include laboratory testing of samples that would be required to assist with evaluating liquefaction potential or characterizing the potential risk of liquefaction or lateral spreading. In addition, the borings would not be deep enough to provide a site-specific evaluation of the site class to support seismic design. The findings would be presented in the geotechnical reports. A draft and final version will be provided. The cost estimates for the two alternatives are as follows: Alternative 1 is $38,800 and Alternative 2 is $20,150. Costs for Alternative 1 are currently shown in the overall budget. Our estimated fee assumes our services will be completed by December 31, 2023. For planning purposes, the cost for services provided in 2024 should be assumed to be 5% higher than those provided in our estimate. We anticipate that we can mobilize, depending on the drilling subcontractor’s availability, to perform the drilling four weeks after receiving Notice to Proceed. The drilling is anticipated to take one day to complete. The draft geotechnical report would be completed six weeks after the completion of the drilling. The final geotechnical report would be submitted two weeks after comments, if any, on the draft report are reconciled. Assumptions: · Site access and permits to perform the geotechnical exploration will be provided by the City and no project-specific permits will be required. · Contamination will not be encountered, and soils and water generated during drilling can be disposed of off-site as non-regulated waste. · A standard on-call utility locate will be sufficient to identify buried utilities in the area. · The City will locate their buried utilities in response to the locate request. No additional effort related to locating buried utilities will be required. · One boring is sufficient to characterize the conditions at the two building locations (i.e., subsurface conditions at both building locations are the same). · The City will provide any available pertinent documents for our review, such as geotechnical reports and wells logs. · We will attend up to two virtual one-hour meetings with you and the project team. · We will store soil samples retrieved from the boring for a maximum of 90 days. · Locations of fault traces will be evaluated based on paper studies and our field reconnaissance; no fieldwork, such as geophysics or test pits, would be performed. If these assumptions change, our scope and fee will need to be revised. Task 410 Final Design The detailed design advance the preliminary design drawings and specifications, based on the listed activities and assumptions: · Drawings will be prepared using BC CAD standards. · Technical specifications and Division 01 specifications will be prepared by BC in 50 Division CSI Master Format using BC standard specifications. · The City will provide front-end specifications, either in CSI format (i.e., Division 00) or APWA format (i.e., WSDOT Division 1 with any local special provisions). · No site visits will be conducted. · New production well capacity testing will be completed by the City, with reports provided to BC, anticipated in mid-December. · Intermediate design (60%) documents will be reviewed internally only. No intermediate design deliverable to the City. Haller Wellfield Improvement Project - SOW 4 Arlington Haller Amendment 02_090523 · Work products will be electronic only. · Unless specifically contradicted or updated by assumptions below, assumptions from the predesign phase carry over to this phase. Deliverables for this phase: · Final (90%) design drawings and specifications. · AACE Class 2 Opinion of Probable Construction Cost · Final (Bid Ready) design drawings and specifications, sealed and signed by engineers licensed in the State of Washington. Subtask 411 Team Meetings and Design Coordination Activities and Assumptions: · Internal kick-off meeting: 1 hour · Regular design meetings: hour-long meetings, every other week, for six months Subtask 412 Process Mechanical Activities: · Updates to previous calculations · Equipment selection and layout · Continued development of layouts, details, and section drawings Assumptions: · Two section and detail drawings will be added to convey design information. · Technical specifications will be added for piping and valves. Pump specification will be further developed in coordination with pump vendors. Subtask 413 Civil Activities: · Updates to previous calculations · Continued development of drawings and details · Revise site layout to accommodate site access from the east · Update stairway design to 6-feet wide Assumptions: · Pump to waste infiltration vault will be pre-cast · Site landscaping will be limited to concrete walkways and grasses. · No irrigation will be provided. · A buried tee with blind flange will be provided for connection to the future Haller North wellfield supply. · Flood plain and other related permitting is not part of the civil scope. Subtask 414 Electrical Activities: · Updates to previous calculations · Equipment selection and layout · Continued development of single line(s) electrical room layout, site electrical layout, MCC elevation, panel schedules · Continued review of plant equipment requirements Haller Wellfield Improvement Project - SOW 5 Arlington Haller Amendment 02_090523 · Updates to site grounding · Develop electrical specifications for equipment, conduit and cable, installation and testing · Development of fire alarm system Assumptions: · Security for new wellhouses will be provided by a specialized City contractor. This project will include conduit / raceways for future installation locations of cameras and door security equipment. The City’s contractor will install all cable and equipment under a separate contract. The City will specify locations for future equipment and size/number of raceways required at each location. · Drawings will be added showing site electrical layout, MCC elevations, panel schedules, and wiring diagrams for equipment · New power distribution equipment – Motor Control Center and Panelboard – will be added in Wellhouse 2 to serve all wellhouses Subtask 415 Instrumentation and Controls (I&C) Activities: · Complete P&IDs, add control wiring diagrams and instrumentation installation details · Coordinate with City for Wellfield control system hardware and software based on City’s I&C upgrades for the Water Treatment Plant. · Coordinate with City for communication needs between Wellfield and Water Treatment Plant · Develop control descriptions and instrumentation specifications Assumptions: · One new PLC or RIO will be added in Wellhouse 2 to serve all wellhouses. · The two new wellhouses will have readouts for local instruments and local controls for pumps. Subtask 416 Building Mechanical Activities: · Develop installation details for HVAC equipment · Develop specifications for equipment, installation, and testing Assumptions: · Cooling will be provided via mini-split heat pump in the Wellhouse 2 electrical room only. All other buildings will be cooled via exhaust fans. · No plumbing work is assumed. Subtask 417 Architectural Activities: · Design new wellhouse buildings · Insulation / finishing of Wellhouse 2 electrical room to meet current energy code. Assumptions: · New wellhouses will be similar in style to existing site buildings. Subtask 418 Structural Activities: · Updates to previous calculations · Continued development of new wellhouse structures Haller Wellfield Improvement Project - SOW 6 Arlington Haller Amendment 02_090523 · Continued development of stairway Assumptions: · New wellhouses will be CMU block with steel beams for roof structure · Stairway will be widened to 6-feet wide · Pump to waste infiltration vault will be pre-cast Subtask 419: QA/QC and Design Submittal Preparation Activities: · Senior review of detailed design package · Preparing 90% design submittal for City review Task 420 Construction Cost Estimate BC’s Cost Estimating group will prepare a Class 2 Opinion of Probable Construction Cost based on the 90% documents. Task 430 Bid Documents Respond to City comments on the Final Design and prepare a bid-ready set of drawings and specifications. Activities: · Respond to City comments in a spreadsheet or table format. · Update drawings and specifications in response to comments. · Provide sealed and signed drawings and specifications, in electronic format, for City to post for bid. Task 440 Bid Support Activities: · Attend the pre-bid conference and one site tour (BC project manager and one technical team member) · Provide technical input on bidder questions · Prepare bid addenda · Support review and evaluation of bids and bidder qualifications Assumptions: · City will schedule and organize pre-bid activities. These activities will last 4 hours. · BC will respond to 10 bidder questions. · Up to two bid addenda will be prepared, consisting of specification revisions and/or drawing updates. Task 450 Permit Support Activities: · Finalize SEPA checklist · Prepare application for building permit · Prepare application for County flood hazard permit Assumptions: · All permitting will be submitted, and fees paid for by the City · The City is responsible for determining which permits are required to construct | 7 Arlington Haller Amendment 02_090523 Schedule Assumptions: · City review period for Final Design will be two weeks. Amendment 2 Haller Wellfield Expansion Proposed Budget Ly n n S t e p h e n s Di a n e Y a n Ri c k L o n g Na t h a n Be r g l a n d Sh a n t a m N a y a k Al e x R e e d Br e n z i e Pe n a l b a Li n n e a L u b k e Ch r i s t i n e A u d o Gi n o M a z z o t t i Bo b M a n t z Ab b i D o r n Am a n d a L a w l e r Ri c h a r d S e l l o n a Ma r k G i s s e Da n J a c k s o n To m L e m o n Br e e z e W a l t e r Bi l l A g s t e r We n d y P a r e Ma r t h a Kn o w l t o n Jo a n n a W i l s o n Shannon & Wilson Wagner Phase Task Description PM PA Overall QC DM/Mech Electrical Electrical Electrical CAD I&C I&C QA/QC Structural Structural QAQC Civ QAQC/ Permitting Civil Civil CAD Struc CAD I&C CAD Proc- Mech CAD Cost Estimator Cost Estimator WP Acct. Total Labor Hours Total Labor Effort Cost Cost Expense Total Expense Cost Total Effort $269 $101 $315 $246 $160 $269 $155 $269 $250 $173 $300 $300 $151 $159 $173 $124 $190 $225 $315 $125 $385 $101 100 Project Management 58 8 0 60 0 0 0 8 0 8 0 0 8 0 0 0 0 0 0 0 2 8 160 $37,504 $0 $0 $1,850 $1,850 $39,354 210 Client Meetings 18 12 8 8 8 54 $12,540 $1,850 220 Project Schedule 20 12 32 $8,334 230 Ongoing-PM 20 8 36 2 8 74 $16,629 400 ***Detailed Design 46 0 26 336 241 39 167 177 16 125 20 32 146 84 94 72 58 32 8 0 0 0 1719 $348,394 $38,800 $38,600 $79,722 $428,116 401 30% Design Comments 4 24 4 4 4 8 48 $10,601 402 Geotechnical Investigation 2 6 8 $1,576 $38,800 410 Final Design 20 0 26 252 229 39 167 165 16 107 20 24 118 84 94 72 58 0 0 0 0 0 1491 $296,109 420 Construction Cost Estimate 4 8 32 8 52 $12,766 430 Bid Documents 4 16 20 $5,015 440 Bid Support 4 24 8 8 8 8 60 $13,009 450 Permit Support 8 12 8 12 40 $9,318 TOTAL 104 8 26 396 241 39 167 185 16 133 20 32 154 84 94 72 58 32 8 0 2 8 1879 $385,898 $38,800 $38,600 $1,850 $81,572 $467,470 City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: September 11, 2023 Scope of Work and Fee from SCJ Alliance for Island Crossing Roundabout Design Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $105,882.00 BUDGET CATEGORY: Transportation Improvement Fund BUDGETED AMOUNT: Nothing Budgeted 2023 (amendment will be done after final costs are known)LEGAL REVIEW: DESCRIPTION: Amending the existing contract with SCJ Alliance for design of the SR-530 and Smokey Point Blvd roundabout. HISTORY: The City of Arlington, Snohomish County and the Stillaguamish Tribe of Indians partnered together design & construct a roundabout the intersection of SR-530 and Smokey Point Blvd. The City has taken the lead role in this partnership and entered a contract with SCJ Alliance for design and permitting of the proposed roundabout. We originally planned on obtaining state funding for construction of this project, however the state funding was not provided. The Stillaguamish Tribe submitted for federal construction funds, and it looks like these funds will be awarded. The project needs to be updated to federal requirements, including obtaining a NEPA permit. The amendment #3 will update the design and complete the NEPA process to have a bid-ready package ready for public bid in early 2024. Base Contract $ 268,025.00 Amendment #1 $ 40,375.00 Amendment #2 $ 0.00 (time extension only) Amendment #3 $105,882.00 Revised Contract $414,282.00 Remand to staff for further consideration. Workshop; discussion only. At the September 18, 2023 Council meeting, the recommended motion will be, “I move to approve Amendment No. 3 to the SCJ Alliance contract and authorize the Mayor to sign the amendment.” 08/29/23 3:44 PM \\arlington\city\PW_Admin\Contracts\SCJ Alliance\04_Island Crossing Roundabout\_Amendment #3\SR 530 RAB Amend #3_FINAL.docx Contract Amendment No. 3 To Professional Services Agreement For SR 530 & Smokey Point Blvd Intersection Project This amendment authorizes the modification of the Professional Services Agreement between the City of Arlington and Shea, Carr, & Jewell, Inc. (dba SCJ Alliance). for the SR 530 & Smokey Point Blvd Intersection Project contract, executed on December 17, 2019. Unless modified below, all terms and conditions contained in the Professional Service Agreement remain current and in effect for the completion of the contract. It is mutually agreed that the above referenced agreement is amended as follows: AMENDMENT 1. Scope of Work - The project scope of work is increased for additional tasks as detailed in the Scope of Work, dated July 3, 2023, and included with this amendment as Exhibit A. 2. Fee - This additional work included under this amendment shall be performed for a not to exceed fee of $ 105,882.00 in accordance with the fee schedule included with this amendment as Exhibit A. EXECUTION IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. SCJ Alliance City of Arlington Exhibit A Amendment #3 - Scope of Work SR530 and Smokey Point Boulevard Intersection Arlington, WA Prepared For: James Kelly Prepared By: Dan Ireland, P.E. Date Prepared: August 28, 2023 Overview The project has been suspended for some #me while the City evaluated alterna#ve funding opportuni#es. The City has now es#mated that federal funding will be obtained for the project’s Construc#on phase, which will change the WSDOT and regulatory approval process and contrac#ng requirements. This amendment aims to extend the dura#on of professional services to update the project package and add NEPA-permi1ng services that will be navigated through the Tribal Transporta#on Program (TTP). This amendment encompasses modifying the permi1ng process to obtain a NEPA CE through TTP and the addi#onal eﬀort required to update the plans, speciﬁca#ons, and es#mate to gain WSDOT Design Approval. The comple#on of this amendment per this scope of work aims to have an approved bid-ready package ready for the public bid process in the Winter of 2023- 2024. The submi7al assumes the City will be providing compensatory ﬂood zone mi#ga#on bank credits for the mi#ga#on required by this project. The City’s mi#ga#on project is outside of the scope of this amendment's services. This addendum will amend the following phases of the current contract: Phase 1 – Project Management Phase 2 – Project Mee#ngs Phase 5 – Environmental Permi1ng Phase 10 – Final PSE Phase 14 – Northern RAB Leg Concepts Phase 15 – Soundview Consultants Phase 40 – Preconstruc#on Services SR530 / Smokey Point Blvd Intersection Improvements – Amendment #3 August 28, 2023 Page 2 of 5 25 N Wenatchee Ave, Suite 238  Wenatchee, WA 98801  Office 509.886.3265  Fax 360.352.1509  scjalliance.com Phase 1 – Project Management This phase of work consists of increasing the budget to account for the extension of these services beyond the original scope of work dura#on to February 2024 (7 months) for the overall management of the project. The descrip#on of these services is the same as the original scope of work. Deliverables · See the original scope of work. Phase 1 Esmate $12,820 Understanding: · See the original scope of work. Phase 2 – Project Meetings This phase of work is amended to include the following es#mated mee#ngs over the next 7 months: ¨ WSDOT Re-Engagement Mee#ng (Online) ¨ Monthly City Ad-Hoc Mee#ngs (3) (Online) ¨ WSDOT Comment Review Mee#ngs (2) ¨ City/SCJ Updated Plan Set Review (In-person) ¨ City/SCJ WSDOT Comment Review (Online) ¨ NEPA Mee#ngs (included in Phase 5, see below) Phase 2 Fee Esmate $7,280 Phase 5 – Environmental Permitting This phase of work is amended to include submi1ng the project through the Tribal Transporta#on Program NEPA Categorical Exclusion process. SCJ will ini#ally ﬁll out and submit the NEPA CE to the Federal Highway Administra#on. If more technical informa#on is required per FHA, Soundview Consultants will be tasked with providing technical reviews and documents (See Phase 15 described below). We es#mate SCJ’s services for coordina#ng and leading the eﬀort will consist of the following: ¨ Coordina#on and two mee#ngs with Soundview for ﬁeldwork. ¨ DraK development of TTP Environmental Checklist. ¨ Review of TTP checklist with City/Consultants/FHWA ¨ Updates and submi7al to FHWA ¨ Follow-up correspondence for CE determina#on. (1 online mee#ng). Deliverables · DraK TTP Environmental Checklist with a7achments. · Final TTP Environmental Checklist with a7achments. Understanding: Exhibit A SR530 / Smokey Point Blvd Intersection Improvements – Amendment #3 August 28, 2023 Page 3 of 5 25 N Wenatchee Ave, Suite 238  Wenatchee, WA 98801  Office 509.886.3265  Fax 360.352.1509  scjalliance.com · The project does not an#cipate any on-site wetlands or stream features that will sa#sfy the criteria necessary for jurisdic#onal status or impacts. · Project and staging areas are assumed to result in ‘no eﬀect’ or ‘not likely to adversely aﬀect’ determina#ons. · It is the City’s determina#on to obtain NEPA CE through the Tribal FHWA process and assumes that WSDOT will adopt the determina#on with no addi#onal eﬀort. If WSDOT requires a separate NEPA process, SCJ will con#nue naviga#ng their process on a #me and materials basis. Phase 5 Fee Esmate $8,640 Phase 10 – Final PSE The contract budget for this phase of work was exhausted by addi#onal mee#ngs, updates, design eﬀorts, and ad hoc requests during the project suspension period. WSDOT has not reviewed this project for over 16-months, therefore we will be required to bring them back up to speed and adjust to a new set of reviewers. This is a high risk of addi#onal eﬀort that has been budgeted into this amendment. This phase includes the addi#onal work to re-engage WSDOT staﬀ, update the plans, speciﬁca#ons, es#mate, submit, respond, and gain WSDOT for design approval. This phase will consist of the following work to achieve a WSDOT Design Approval and prepare a bid- ready package for adver#sement in the Winter of 2023-2024: ¨ Contract Plans ¨ Review plan set for unﬁnished comments/updates due to design standard changes. ¨ Updates to exis#ng plans based on previous comments and updates to current standards. ¨ Develop Construc#on Sequencing Plans per WSDOT’s previous comment. ¨ Develop Temporary Construc#on quan##es to add to the overall es#mate. ¨ Update City u#lity comments. ¨ Update PUD/Private u#lity informa#on. ¨ Develop a Right of Way Plan for WSDOT Easement purposes. ¨ Speciﬁca#ons ¨ Request DBE Goals from WSDOT. ¨ Update to current GSPs. ¨ Update special provisions to 2023. ¨ Update Construc#on Working Day es#mate. ¨ Other Updates ¨ Drainage Report Finaliza#on. ¨ Update cost es#mate to 2024. ¨ Develop Bid Adver#sement and assemble bid documents (Cover, index, proposal, draK contract, wage rates, appendices). ¨ Submit Plans, Speciﬁca#ons, and es#mates to WSDOT and City. ¨ Revisions per City/WSDOT comments and resubmi7al for ﬁnal approval. Deliverables Exhibit A SR530 / Smokey Point Blvd Intersection Improvements – Amendment #3 August 28, 2023 Page 4 of 5 25 N Wenatchee Ave, Suite 238  Wenatchee, WA 98801  Office 509.886.3265  Fax 360.352.1509  scjalliance.com · Construc#on Working Day Es#mate. · DBE Goal Request · 95% Construc#on Plans, Contract, Speciﬁca#ons, and Es#mated project cost. · Bid Ready Construc#on Plans, Contract, Speciﬁca#ons, and Es#mated project cost. · Bid Adver#sement · Right of Way Plan Understanding: · WSDOT PFA, ICE, or SOD will not have to be modiﬁed or resubmi7ed to WSDOT. · Project will have an iden#ﬁed construc#on funding source at the #me of developing GSPs. · City is managing the WSDOT LAA and Project Prospectus. · City is managing WSDOT Funding Authoriza#ons. · No changes are required to the stormwater approach/methodology. · City is managing and execu#ng property/easement nego#a#ons and authoriza#on. · No addi#onal public event services are required by SCJ. · PIFs and/or Design Jus#ﬁca#ons are not required. Phase 10 - Fee Esmate $42,005 Phase 14 – Northern RAB Leg Concepts This work was previously completed and reimbursed under the contract’s Phase 98 – Addi#onal Services. This addendum adds the addi#onal work previously completed to the contract total and deducts it from Phase 98- Addi#onal Services. The work previously completed was developing mul#ple alterna#ves for the northern leg of the roundabout to provide to the S#llaguamish Tribe of Indians. These exhibits communicated the method that determined how their property would be impacted. Deliverables · Northern Leg Concepts (3) Phase 14 Fee Completed $1,400 Phase 15 (new) – Soundview Consultants If technical reports are required by FHA, Soundview Consultants will be engaged to providing environmental technical reviews of cri#cal areas within the project limits to support the NEPA CE eﬀort. See Soundview Consultants’ scope of work for further details of their scope of work and the fee es#mate a7ached. A 10% sub- consultant markup will be applied to their fee es#mate for taxes SCJ will incur. If technical reports are not required, this phase will not be u#lized unless authorized to do so by the City. Phase 15 Fee Esmate $29,887 Exhibit A SR530 / Smokey Point Blvd Intersection Improvements – Amendment #3 August 28, 2023 Page 5 of 5 25 N Wenatchee Ave, Suite 238  Wenatchee, WA 98801  Office 509.886.3265  Fax 360.352.1509  scjalliance.com Phase 40 – Preconstruction Services Task 1 Bid Support 1) This task includes an es#mate of hours to assist the City with the following bid support tasks: · Reviewing and Responding to Requests For Informa#on/Clariﬁca#ons during the bidding process. (8 hours) · Pre-Bid Mee#ng (1x 2-hour online mee#ng) and mee#ng minute development. · Developing an addendum that is consistent with wage rate updates. (4 hours) Task 2 Bid Opening 1) This task includes an es#mate of hours to assist the City with reviewing and back-checking bid results. (4 hours) 2) Recommenda#on of Award development. Deliverables · Responses to bidder ques#ons (es#mate of 4) · One addendum. · Pre-Bid Mee#ng Minutes. Understanding: · The City manages ini#al contact with the prospec#ve bidders and manages the online bid plaOorm. · One addendum will be required. Each addi#onal addendum will be invoiced on a #me and material basis if necessary. · This eﬀort is es#mated for one publicly bid process. Fee Esmate Proposal Project Phase Phase Est. Total Fee Type Phase 1 $12,820 T&M Phase 2 $7,280 T&M Phase 5 $8,640 T&M Phase 10 $42,005 T&M Phase 14 $1,400 T&M Phase 15 $29,887 T&M Phase 40 $3,850 T&M Total Esmated Amendment Fee $105,882 T&M Current Contract Amount $308,400 T&M Revised Contract Amount $414,282 T&M END OF PROPOSAL Exhibit A Consultant Billing Rate Schedule SCJ Alliance Client:Hourly Rate Table Format: Billing Rate Schedule Project:Allowable Overhead Rate: N/A Job #:Negotiated Fixed Fee: N/A File Name:A3 Labor Estimate.xlsm Labor Template Version: 2/23/2023 Date: Total Hourly Total Hourly --Billing Rates Billing Rates Minimum NTE - - $185.00 $400.00 - - $165.00 $390.00 - - $185.00 $325.00 - - $165.00 $250.00 - - $145.00 $235.00 - - $130.00 $225.00 - - $155.00 $240.00 - - $145.00 $215.00 - - $125.00 $185.00 - - $105.00 $160.00 - - $100.00 $145.00 - - $130.00 $180.00 - - $120.00 $170.00 - - $115.00 $150.00 - - $105.00 $140.00 - - $100.00 $130.00 - - $155.00 $245.00 - - $125.00 $180.00 - - $115.00 $170.00 - - $105.00 $160.00 - - $90.00 $145.00 - - $115.00 $180.00 - - $110.00 $155.00 - - $100.00 $145.00 - - $90.00 $135.00 - - $80.00 $125.00 - - $0.00 $0.00 - - $185.00 $290.00 - - $170.00 $250.00 - - $145.00 $230.00 - - $140.00 $190.00 - - $145.00 $230.00 - - $170.00 $250.00 - - $145.00 $230.00 - - $120.00 $165.00 - - $100.00 $155.00 - - $100.00 $155.00 - - $125.00 $165.00 - - $115.00 $155.00 - - $100.00 $140.00 - - $100.00 $200.00 Construction Office Engineer CI 3 Construction Inspector CI 4 Construction Inspector Principal Construction Inspector T4 Technician Senior Construction Manager RE 3 Construction Resident Engineer E2 Engineer E1 Engineer L4 Landscape E3 Engineer RE 1 Construction Resident Engineer T1 Technician L3 Landscape T3 Technician T2 Technician L2 Landscape L1 Landscape Senior Planner P3 Planner P2 Planner RE 2 Construction Resident Engineer P4 Planner E4 Engineer Senior Consultant Senior Project Manager PM3 Project Manager PM2 Project Manager PM1 Project Manager Senior Engineer P1 Planner Senior Technician Senior Landscape Architect City of Arlington SR 530/Smokey Point RAB 00-00069806 Billing Rate Schedule Job Classifications 7/3/23 CI 2 Construction Inspector CI 1 Construction Inspector Graphic Designer PC 3 Project Coordinator - CM Only PC 2 Project Coordinator PC 1 Project Coordinator Project Accountant Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total Cost PHASE 1 Task 1 1 10.0 10.0 2,450.00$ 2 4.0 4.0 8.0 1,680.00$ 3 16.0 8.0 24.0 5,320.00$ 4 -$ Subtotal Hours: 30.0 12.0 42.0 9,450.00$ Task 2 1 4.0 4.0 980.00$ 2 4.0 4.0 8.0 1,440.00$ 3 2.0 4.0 6.0 950.00$ 4 -$ Subtotal Hours: 10.0 8.0 18.0 3,370.00$ Total Phase Hours: 40.0 12.0 8.0 60.0 60.0 Total Phase Direct Labor: $9,800.00 $2,100.00 $920.00 $12,820.00 12,820.00$ Coordination (7 months) Schedule and Budget Subcontractor Contracting Progress Billings (7 months) Administration Overall Management (7 months) Progress Reports (7 months) Management Phase & Task Title Project Management 2 of 11 8/28/2023 Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title PHASE 2 Task 3 1 2.0 2.0 4.0 840.00$ 2 4.0 6.0 10.0 2,030.00$ 3 2.0 2.0 4.0 840.00$ 4 4.0 8.0 12.0 2,380.00$ 5 2.0 4.0 6.0 1,190.00$ 6 -$ Subtotal Hours: 14.0 22.0 36.0 7,280.00$ Total Phase Hours: 14.0 22.0 36.0 36.0$ Total Phase Direct Labor: $3,430.00 $3,850.00 $7,280.00 7,280.00$ Project Meetings SCJ/City WSDOT Comment Reivew Additional Project Meetings WSDOT Meeting Monthly Ad Hoc meetings (3) WSDOT Comment Meeting (2) City/SCJ Plan Set Review (in person) 3 of 11 8/28/2023 Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title PHASE 5 Task 5 1 1.0 4.0 5.0 865.00$ 2 24.0 24.0 3,720.00$ 3 1.0 3.0 4.0 710.00$ 4 16.0 16.0 2,480.00$ 5 1.0 4.0 5.0 865.00$ Subtotal Hours: 3.0 51.0 54.0 8,640.00$ Total Phase Hours: 3.0 51.0 54.0 54.0$ Total Phase Direct Labor: $735.00 $7,905.00 $8,640.00 8,640.00$ Environmental Permitting NEPA Coordination Subconsultant coordination Draft TTP CE checklist Coordination meeting on draft Updates to package Follow up for determination 4 of 11 8/28/2023 Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title PHASE 10 Task 11 1 2.0 4.0 4.0 10.0 1,690.00$ 2 1.0 24.0 40.0 65.0 9,445.00$ 3 1.0 16.0 8.0 25.0 4,045.00$ 4 4.0 8.0 12.0 1,700.00$ 5 4.0 8.0 12.0 1,700.00$ 6 4.0 16.0 20.0 2,700.00$ 7 4.0 8.0 12.0 1,700.00$ 8 -$ 9 -$ Subtotal Hours: 4.0 60.0 92.0 156.0 22,980.00$ Right of Way Plan PUD/Private utility updates/coordination Plan modifications FINAL PSE Construction Sequencing Plans Temporary item identification and quantification City Utility comments Contract Plans Review previous comments 5 of 11 8/28/2023 Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title Task 12 1 2.0 2.0 350.00$ 2 2.0 8.0 10.0 1,890.00$ 3 2.0 8.0 10.0 1,890.00$ 4 1.0 4.0 5.0 945.00$ 5 -$ Subtotal Hours: 5.0 22.0 27.0 5,075.00$ Specifications Request DBE Goals Update GSP's Special Provision updates Construction Working Day development 6 of 11 8/28/2023 Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title Task 13 1 8.0 8.0 1,400.00$ 2 4.0 16.0 20.0 2,700.00$ 3 2.0 8.0 10.0 1,890.00$ 4 4.0 4.0 700.00$ 5 8.0 16.0 20.0 44.0 7,260.00$ Subtotal Hours: 10.0 40.0 36.0 86.0 13,950.00$ Total Phase Hours: 19.0 122.0 128.0 269.0 269.0$ Total Phase Direct Labor: $4,655.00 $21,350.00 $16,000.00 $42,005.00 42,005.00$ Other Updates/Submittals Drainage Report Finalization. Cost Estimate Update Bid Advertisement and bid doc assembly Submittal to WSDOT and City Revisions and resubmittal 7 of 11 8/28/2023 Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title PHASE 14 Task 1 1 8.0 8.0 1,400.00$ Subtotal Hours: 8.0 8.0 1,400.00$ Total Phase Hours: 8.0 8.0 8.0$ Total Phase Direct Labor: $1,400.00 $1,400.00 1,400.00$ PHASE 15 Task 1 1 -$ Subtotal Hours: -$ Total Phase Hours: -$ Total Phase Direct Labor: -$ PHASE 40 Subtask Title Soundview Consultants Task Title Preconstruction Services Northern RAB Leg Concepts Task Title Northern Leg Concepts 8 of 11 8/28/2023 Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title Task 1 1 2.0 6.0 8.0 1,540.00$ 2 4.0 4.0 700.00$ 3 1.0 3.0 4.0 770.00$ 4 -$ 5 -$ Subtotal Hours: 3.0 13.0 16.0 3,010.00$ Task 2 1 1.0 2.0 3.0 595.00$ 2 1.0 1.0 245.00$ Subtotal Hours: 2.0 2.0 20.0 840.00$ Total Phase Hours: 5.0 15.0 20.0 20.0$ Total Phase Direct Labor: $1,225.00 $2,625.00 $3,850.00 3,850.00$ Total Hours All Phases 81.0 179.0 128.0 51.0 8.0 447.0 447.0 Total Direct Labor Estimate All Phases $19,845.00 $31,325.00 $16,000.00 $7,905.00 $920.00 $75,995.00 75,995.00$ Bid Support Recommendation of Award Bid Opening Bid Tabulation Review Pre Bid Meeting Addendum development and issuing Response to bidders 9 of 11 8/28/2023 Exhibit A Consultant Labor Hour Estimate SCJ Alliance Client:City of Arlington Template Version: 2/23/2023 Project:SR 530/Smokey Point RAB Contract Type: Billing Rate Schedule No. of Sheets: N/A Job #:00-00069806 No. of Lots: N/A File Name: A3 Labor Estimate.xlsm 245 175 125 155 115 Template Version:Employee Name Employee Name Employee Name Employee Name Employee Name Employee Name Phase & Task No.Principal E3 Engineer E1 Engineer Senior Planner SELECT CATEGORY Project Accountant Total Direct Labor Hours & Cost Total CostPhase & Task Title Indirect Costs Subconsultants: Soundview Consultants $27,170.00 Subconsultant Subtotal:27,170.00$ Subconsultant Markup:2,717.00$ Subconsultant Total:29,887.00$ Reimbursable Expenses: Copies, Printing, etc.-$ Mileage -$ Expenses Subtotal:-$ Expenses Markup:-$ Expenses Total:-$ Management Reserve:-$ Total Indirect Costs:29,887.00$ Total: 105,882.00$ 10 of 11 8/28/2023 Exhibit A SCJ Alliance Client: Project: Job #:Template Version: File Name: A3 Labor Estimate.xlsm Contract Type: Consultant Fee Determination DIRECT SALARY COST Classification Hours Fully Burdened Rate Amount Principal 81.0 $245.00 $19,845.00 E3 Engineer 179.0 $175.00 $31,325.00 E1 Engineer 128.0 $125.00 $16,000.00 Senior Planner 51.0 $155.00 $7,905.00 SELECT CATEGORY 0.0 $0.00 $0.00 Project Accountant 8.0 $115.00 $920.00 TOTAL SALARY COST Total Salary Cost $75,995.00 SUBCONSULTANTS Yes $27,170 x Subconsultant Fee Subtotal:$0 $27,170.00 Q Subconsultant Markup:10%$2,717.00 REIMBURSABLE EXPENSES Copies, Printing, etc. 0.0% of the Total Salary Costs $0.00 Mileage 0 miles at $0.655 per mile $0.00 Expenses Subtotal: $0.00 Expenses Markup:0%$0.00 SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES) Subtotal (Salary, Subconsultants and Expenses)$105,882.00 MANAGEMENT RESERVE FUND (MRF) Management Reserve: $0 $0.00 Total Estimated Budget: $105,882.00 Consultant Fee Determination Summary SR 530/Smokey Point RAB 2/23/202300-00069806 Soundview Consultants PHASE 15 Soundview Consultants Billing Rate Schedule City of Arlington 8/28/2023 Page 11 Exhibit AExhibit A 2907 Harborview Drive, Gig Harbor, WA 98335 Phone: (253) 514-8952 _____________________________________________________________________________________________ Soundview Consultants LLC May 24, 2023 SCJ Alliance – Smokey Pt RAB Page 1 of 6 AGREEMENT FOR CONSULTING SERVICES Between SCJ Alliance and Soundview Consultants LLC Smokey Pt RAB S COPE OF WORK Soundview Consultants LLC (Consultant) is proposing to assist SCJ Alliance (Client) in assessing the potential road improvement project proposed by the City of Arlington on a 31.58-acre site located at South Route 530 and Smokey Point Boulevard in the City of Arlington (Snohomish County Tax Parcel Numbers 31050800400400, 31050800300100, and 31050800100300). The estimated costs for each initial task, as currently understood, are outlined below. Total Estimated Cost $ 27,170.00 Upon completion of the initial tasks outlined above, the Consultant will prepare a cost estimate and scope amendment for any additional consulting services that may be required. ASSUMPTIONS The Total Estimated Cost above is based on the following assumptions: 1. The work will be commissioned under the enclosed Exhibit A: Agreement for Consulting Services (Terms and Conditions), dated May 24, 2023. 2. Consultant will visit the subject property to perform an assessment of wetland and fish and wildlife habitat for FEMA floodplain analysis purposes; 3. Consultant does not anticipate any on-site wetland or stream features will satisfy the criteria necessary for jurisdictional status, to verify non-wetland status, Consultant will perform a formal evaluation with multiple data plots that may be marked in the field; 4. Consultant can reasonably access the entire subject property and dense brush or other obstructions will not prevent an appropriate inspection of the entire site; 5. Consultant will utilize the data collected and the City of Arlington Code to support the Client with the proposed project. Such planning and support may include email correspondence, telephone communication, virtual meetings, and coordination; 6. Consultant will prepare a Critical Areas Report, FEMA Floodplain Habitat Analysis, and Biological Assessment for the City of Arlington, WSDOT/FHWA, and BIA (Bureau of Indian Affairs) review; 7. Based on the findings in T100, the Critical Areas Report will document existing site conditions and the lack of identified wetlands or fish and wildlife habitat on the subject property; 8. Waters within the project area will be assessed 9. Project sequencing and construction are anticipated to result in ‘no effect’ or ‘not likely to adversely affect’ determinations for all listed species; therefore, the project is not expected to require formal ESA Exhibit A ________________________________________________________________________________________________________ Soundview Consultants LLC May 24, 2023 SCJ Alliance – Smokey Pt RAB Page 2 of 6 consultation by the U.S. Fish and Wildlife Services (USFWS) and National Marine Fisheries Services (the Services); 10. Biological Assessment will be prepared to WSDOT standards by a WSDOT trained Biological Assessment author; 11. Mapping support for the assessment will consist of a GIS map showing the locations of the formal data plot locations; 12. Client will provide the Consultant with a proposed site plan. 13. Consultant will review NEPA and SEPA documents that will be drafted by SCJ Alliance; 14. Coordination and support may include normal email and phone correspondence and continued contact with project managers and staff, and may include coordination with the City, WSDOT, or BIA (Bureau of Indian Affairs) as requested by SCJ Alliance; 15. The work will be invoiced on a Time and Expense (T&E) basis in accordance with the Staff Billing and Mileage Rates outlined below. EXCLUSIONS This Scope of Work excludes the following: 1. This Scope of Work does not include site survey, geotechnical analysis, wetland or stream delineations, ordinary high water delineations, wetland ratings, arborist services, applications, application fees, permitting, mitigation plans and design, or any other tasks not explicitly stated herein. These additional items, if necessary, may be coordinated with other parties and/or authorized under this agreement with Consultant and Client approval. 2. Any further work will be addressed in a subsequent scope amendment. Exhibit A ________________________________________________________________________________________________________ Soundview Consultants LLC May 24, 2023 SCJ Alliance – Smokey Pt RAB Page 3 of 6 STAFF BILLING AND MILEAGE RATES Soundview Consultants LLC hourly billing rates for this agreement are as follows: Principal Scientist/Environmental Planner .......................................................................................................................... $ 220.00/hr Associate Principal ..................................................................................................................................................................... $ 180.00/hr Senior Environmental Scientist II/ Senior Planner II (Fisheries, Marine, Wetland, etc.) ........................................... $ 160.00/hr Senior Environmental Scientist I/Senior Planner I (Fisheries, Marine, Wetland, etc.) ............................................... $ 150.00/hr Environmental Scientist/Planner III (Fisheries, Marine, Wetland, etc.) ........................................................................ $ 140.00/hr Environmental Scientist/Planner II (Fisheries, Marine, Wetland, etc.) .......................................................................... $ 130.00/hr Environmental Scientist/Planner I (Fisheries, Marine, Wetland, etc.) ............................................................................ $ 120.00/hr Senior Arborist ........................................................................................................................................................................... $ 115.00/hr Staff Arborist .............................................................................................................................................................................. $ 85.00/hr Staff Scientist III ........................................................................................................................................................................ $ 105.00/hr Staff Scientist II .......................................................................................................................................................................... $ 95.00/hr Staff Scientist I ............................................................................................................................................................................ $ 85.00/hr Field Technician ......................................................................................................................................................................... $ 70.00/hr Design Manager/Landscape Architect .................................................................................................................................. $ 135.00/hr GIS III / CAD Technician III ................................................................................................................................................ $ 120.00/hr GIS II /CAD Technician II .................................................................................................................................................... $ 105.00/hr GIS I / CAD Technician I ....................................................................................................................................................... $ 90.00/hr Director of Operations ............................................................................................................................................................. $ 100.00/hr Project Coordinator/Project Support .................................................................................................................................... $ 80.00/hr Courier .......................................................................................................................................................................................... $ 60.00/hr Mileage Reimbursement ........................................................................................................................................................... $ 0.96/mi Daily Use: Company Vessel ..................................................................................................................................................... $ 150.00/day Daily Use: 4x4 Pickup ............................................................................................................................................................... $ 100.00/day Daily Use: UTV .......................................................................................................................................................................... $ 250.00/day Billing rates and overall cost estimates will be subject to a regional inflation adjustment on an annual basis. Expenses are subject to Consumer Price Index adjustments on an annual basis. For extended contracts over multiple years, billing rates may be subject to multiple adjustments. Scope amendments describing these changes in cost estimates for extended contracts can be provided annually at the Client’s request, otherwise Client agreement to these anticipated changes is assumed at contract execution. COST ESTIMATE SUMMARY This cost estimate is based on the anticipated level of effort required to complete the Tasks above, which is founded on our experience supporting similar projects. The estimate is further based on the assumption that Consultant has timely and effective coordination and communication with the Client, Team, and all regulatory staff, and that necessary data and project details will be made available in a timely manner. This is to be a Time and Expense contract based on the billing rates and time estimates provided. Consultant will work closely with the Client and services will be billed for actual time and expenses required to effectively perform these activities up to the Total Estimated Cost (subject to inflationary adjustments as described above). Consultant will notify Client promptly if unanticipated circumstances are encountered that are liable to materially increase cost of completing the work in this contract. Should additional environmental planning, consultation services, or reporting become necessary, this budget may need to be increased with the approval of the Consultant and Client. The signature page for this consulting agreement can be found in Exhibit A: Agreement for Consulting Services. Exhibit A City of Arlington Council Agenda Bill Item: SM #1 Attachment DCOUNCIL MEETING DATE: September 11, 2023 U.S. Department of Housing and Urban Development (HUD) funding Letter from Snohomish County with Snohomish County Housing and Community Development Urban County Consortium Amendment 2 of Interlocal Cooperation Agreement Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: Years 2024-2026 (July 1, 2024, to June 30, 2027.) The programs include Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG). The City of Arlington is part of an interlocal agreement for HUD Community Block Grant programs and funding. The county receives direct annual grants funding from HUD under these programs. The programs include Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG). The funds are used to support services and capital improvements in the cities and unincorporated areas as part of the interlocal agreement. ALTERNATIVES: the years 2024-2026, and authorize the Mayor to sign. SNOHOMISH COUNTY HOUSING AND COMMUNITY DEVELOPMENT URBAN COUNTY CONSORTIUM INTERLOCAL COOPERATION AGREEMENT Amendment 2 WHEREAS, Snohomish County, a political subdivision of the State of Washington (hereinafter referred to as “County”) and the City of Arlington, (hereinafter referred to as “unit of local government”), pursuant to the Interlocal Cooperation Act of 1967, as amended, entered into an Interlocal Cooperation Agreement in 1999 together with other participating units of local government in Snohomish County for the Snohomish County Housing and Community Development Urban County Consortium; and WHEREAS, the purpose of the Agreement is to qualify as an Urban County for receipt of Community Development Block Grant (hereinafter “CDBG”), HOME Investment Partnership Program (hereinafter “HOME”), Emergency Solutions Grant Program (hereinafter “ESG”) and such other funds as may be available from the U.S. Department of Housing and Urban Development as a result of the Urban County designation; and WHEREAS, the original term of the agreement was for Federal Fiscal Years 2000, 2001, and 2002, and the Agreement has been automatically renewed for successive three-year terms through the current term for Federal Fiscal Years 2021, 2022, and 2023 in order to maintain the Urban County designation for receipt of CDBG, HOME, ESG, and other grant funds; and WHEREAS, in order to maintain the Urban County designation for receipt of CDBG, HOME, ESG, and other grant funds for Federal Fiscal Years 2024, 2025, and 2026, the U.S. Department of Housing and Urban Development is requiring that the Agreement to add certain language regarding compliance with federal regulations. NOW, THEREFORE, the County and the unit of local government hereby agree as follows: 1. Section 4 of the Agreement is amended to read: Snohomish County and the unit of local government will take all actions necessary to assure compliance with the Urban County’s certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974. Snohomish County and the unit of local government shall ensure that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100 and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring- affirmativelyfurthering-fair-housing-definitions-and-certifications. Both parties must comply with Section 109 of Title I of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulation at 24 CFR part 8; Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35; the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR part 146; and Section 3 of the Housing and Urban Development Act of 1968, and with other applicable laws. 2. All other terms and conditions of the original Agreement remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have executed this AGREEMENT, this ______day of ____________________, 2023. FOR__________________________________ ATTEST: BY____________________________________ BY____________________________ TITLE_________________________________ TITLE________________________ FOR SNOHOMISH COUNTY ATTEST: BY____________________________________ BY___________________________ TITLE__________________________________ TITLE________________________ APPROVED AS TO FORM: ________________________________________