City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA May 12, 2021 7:00 p.m. Police Court Campus (Public health measures will be required of all persons in attendance. Masks and social distancing are required.) To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of April 28, 2021 Regular Council Meeting Minutes B. Approval of May 5, 2021 payroll checks numbered 110723 – 110745, direct deposit checks numbers 82037 – 82266, and wire transfers numbered 970 – 974 in the amount of $963,416.88 C. Approval of May 12, 2021 Claims numbered 13721 – 13723 and 13754 - 13872 in the amount of $1,286,165.17 III. REPORTS A. Committees 1. Public Works and Library B. Community Comments (An opportunity for Mount Vernon residents to address their City Council. Please limit comments to 3 minutes or less. Under normal circumstances, the Mayor and Council will not respond immediately to Community Comments. If you would like someone to follow-up with you regarding the topic of your comments, please leave your name and contact information on the form at the entrance of the Council Chambers. Public comments will also be accepted via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. All comments must be received by 4:00 p.m. on May 12, 2021.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests Mount Vernon City Council Agenda May 12, 2021, Page 2 of 3 IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Habitat for Humanity Update (Habitat for Humanity Executive Director Teresa Pugh and Resource Development Coordinator T.J. Larrick will update Council on Habitat for Humanity’s activities and progress within the City.) (required action – none) (staff contact – Peter Donovan) B. Public Hearing – 2021-2022 CBDG Action Plan (This is the second open record public hearing to allow testimony regarding the adoption of the 2021- 2022 CDBG Action Plan. Those wishing to participate in the hearing may contact the Mayor’s Office at 360-336-6211 or by email mvmayor@mountvernonwa.gov no later than 4:00 p.m. on May 12, 2021. Those wishing to participate in person can appear before Council and should arrive at the meeting at 1805 Continental Place by 7:00 p.m.) (required action – motion) (staff contact – Peter Donovan) C. Appointment to Arts Commission (Staff is requesting that Council approve the appointment of Lee Ann Rust to the Mount Vernon Arts Commission.) (required action – motion) (staff contact – Jennifer Berner) D. Art Donation (Staff is requesting that Council accept the donation of an art piece to hang in the Mount Vernon Library.) (required action – motion) (staff contact – Jennifer Berner) E. Reorganization of Parks and Enrichment Services Department (Staff is requesting that Council approval of the proposed reorganization of the Parks and Enrichment Services Department.) (required action – motion) (staff contact – Jennifer Berner) F. Ward Filter System Purchase Agreement (Staff is requesting that Council authorize the Mayor to enter into an agreement with Ward Filter System for the purchase of filter systems for fire vehicles in the amount of $122,541.72.) (required action – motion) (staff contact – Bryan Brice) G. Bid Award – 2021 Street Improvements Project, TS-2021-002 (Staff is requesting that Council award the bid for the 2021 Street Improvements to Lakeside Industries in the amount of $1,218,795.67.) (required action – motion) (staff contact – Bill Bullock) H. Approval of Professional Services Agreement for On-Call Surveying, TS-2021-008 (Staff is requesting that Council authorize the Mayor to enter into a two year agreement with Harmsen, LLC for on-call surveying services in the amount of $50,000 per year .) (required action – motion) (staff contact – Bill Bullock) Mount Vernon City Council Agenda May 12, 2021, Page 3 of 3 I. Introduction of Ordinance to Approve Franchise Agreement with SkagitNet (Staff will present the introduction of an ordinance granting a franchise agreement with SkagitNet for approval at a later date.) (required action – none) (staff contact – Kevin Rogerson) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3830 Next Resolution 994  AGENDA ITEM: A DATE: May 12, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: SKAGIT HABITAT FOR HUMANITY UPDATE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: HABITAT FOR HUMANITY EXECUTIVE DIRECTOR TERESA PUGH, AND RESOURCE DEVELOPMENT COORDINATOR T.J. LARRICK WILL UPDATE COUNCIL ON HABITAT FOR HUMANITY’S ACTIVITIES AND PROGRESS WITHIN THE CITY OF MOUNT VERNON FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: None  AGENDA ITEM: B DATE: May 12, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2021-22 CDBG ACTION PLAN RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: - This is an Open Record Public Hearing to obtain the views of citizens and other interested parties on the draft Community Development Block Grant (CDBG) 2021 Action Plan. -The 30-day public review and public comment period for the 2021-2022 Draft Action Plan extends from April 14, 2021 to May 13th, 2020. -During this time, the public has been invited to obtain the Draft Action Plan, and to provide written comment. -Written comments received during this 5-day period will be read into the record this evening -Additionally, the public has been invited to make comments to City Council in a public hearing, to be held at 7pm on Wednesday, May 12 (1805 Continental Place). -The amount of the City’s 2021-22 CDBG allotment is $369,122. FINDINGS/CONCLUSIONS: The proposed 2021-2022 Action Plan includes the following allocations: -$55,368 Community Action of Skagit County, for public services -$100,000 Skagit Habitat for Humanity, homebuyer assistance -$110,000 City of Mount Vernon Floodwall loan repayment -$40,000 Helping Hands Food Bank, facility expansion -$63,754 Administrative/Consultant Expenses RECOMMENDATION: A motion to approve the 2021-2022 CDBG Action Plan, following a public hearing ATTACHED: 2021-22 Draft Action Plan  City of Mount Vernon Community Development Block Grant Annual Action Plan for Program Year 2021 July 1, 2021 – June 30, 2022 Public Comment Draft Updated April 14, 2021 Page 1 of 3  Executive Summary This Summary presents the principal recommendations concerning funding, priorities, and related policy matters covered in the body of the submittals that the City of Mount Vernon will submit to the US Department of Housing and Urban Development to describe how the City proposes to use HUD Community Development Block Grant (CDBG) funding allocation for the upcoming Program Year. At this time, the City does not anticipate receiving any additional CARES Act CDBG for the 2021 program year; earlier CARES Act CDBG allocations are included in amendments to the Annual Action Plan for the 2019 Program Year (July 2019-June 2020) during which the Covid-19 pandemic was declared a national emergency. This Summary is provided for the convenience of individuals who wish to review the Public Comment Draft and will not be included in this format in the final document submitted to the HUD. Annual Action Plan for Program Year 2021 The US Department of Housing and Urban Development notified the City of Mount Vernon on February 25, 2021, that the City has been offered an allocation of CDBG funding, $369,122, for use during the 2021 Program Year beginning July 1, 2021. The City proposes allocating this CDBG-CV $369,122 allocation as follows, consistent with the City’s 2018-2022 Consolidated Plan that was previously reviewed and approved by HUD. 2021 Annual Action Plan Program Areas and Projects Program Areas Projects Support public facilities for revitalization 29.8% $110,000 Mount Vernon floodwall project loan repayment $110,000 Support public facilities for revitalization 10.8% $40,000 Food bank distribution facility improvements $40,000 Increase supply of affordable owner-occupied housing 27.1% $100,000 Skagit Habitat for Humanity homebuyer assistance $100,000 Supportive efforts to reduce poverty 15.0% $55,368 Community Action of Skagit County public services $55,368 Administration and planning 17.3% $63,754 City of Mount Vernon administrative costs $63,754 Total allocation for Program Year 2020 100% $369,122 $369,122 Page 2 of 3 2021 Annual Action Plan Program Areas and Project Descriptions: 1. Support public facilities for revitalization: The City of Mount Vernon used a CDBG Section 108 loan from HUD for a portion of the construction costs of the Skagit River floodway project, and the City is making annual payments to repay the loan. 2. Support public facilities for revitalization: The City of Mount Vernon residents are the majority of Helping Hands Food Bank’s clientele at a public facility that provides a direct benefit to a limited clientele who can be presumed to have low-incomes. 3. Increase supply of affordable owner-occupied housing: Skagit Habitat for Humanity will use CDBG for homeownership assistance activities, using CDBG as a direct benefit for CDBG-eligible homebuyers who need downpayment assistance to afford the purchase of a home. 4. Supportive efforts to reduce poverty: Community Action of Skagit County will use CDBG to provide CDBG-eligible public services for people with low-income through activities at Community Action’s housing resource center. 5. Administration and planning: The City of Mount Vernon will use CDBG funding for planning and administration to implement the 2018-2022 Consolidated Plan and the 2021 Annual Action Plan, and to comply with applicable regulations. Page 3 of 3 AGENDA ITEM: C  AGENDA ITEM: D DATE: May 12, 2021 TO: Mayor Boudreau and City Council FROM: Jennifer Berner, Director, Parks and Enrichment Services SUBJECT: ART DONATION OF OVERALL…..MAKING HAY RECOMMENDED ACTION: Staff requests Council accept the Artist’s donation of an oil on canvas painting authored by the Artist entitled the “Overall…….Making Hay.” INTRODUCTION/BACKGROUND: At the direction, and on behalf of an anonymous art collector, Artist Alfred Currier wishes to donate to the City of Mount Vernon, a one of a kind oil on canvas painting to be displayed in the Mount Vernon Library. The painting, titled “Overall…..Making Hay” was painted in 2008, is 36”x18” unframed, 37”x19” framed, and is valued at $3000. The piece has recently been cleaned and reframed for donation purposes. The Artist’s statement on the piece; “This piece is a celebration of Skagit farmworkers and all that they contribute to our community.” FINDINGS/CONCLUSIONS: NONE RECOMMENDATION: Staff requests Council accept the art donation and authorize the Mayor to enter into the Donation Agreement for Public Art with the Artist Alfred Currier. ATTACHED: City of Mount Vernon Donation Agreement for Public Art.  CITY OF MOUNT VERNON DONATION AGREEMENT FOR PUBLIC ART THIS AGREEMENT made and entered into on this 12th day of May, 2021, by and between the CITY OF MOUNT VERNON, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Alfred Currier, whose address is 1814 M Avenue, Anacortes, WA 98221, hereinafter referred to as the "Artist." WHEREAS, the Artist has created a piece of art known as Overall…Making Hay “the Work”; and WHEREAS, the Artist has full right, title, and interest in the Work; and WHEREAS, the Artist wishes to donate the Work as well as all associated intangible rights thereto; and WHEREAS, the City finds the Work has value and the use of public display and marketing of its image is of worth to the City including value to tourism, increased marketing, enhancement of the City’s brand, and promotion of City’s aesthetic value. NOW, THEREFORE, the parties herein do mutually agree as follows: 1. Acceptance of the Work. The City hereby agrees to accept the Artist’s donation of a oil on canvas painting authored by the Artist entitled the Overall….Making Hay. 2. Description of the Work. The Work is an oil on canvas painting that is one of a kind painted in 2008. The Work is 36” x 18” in size and framed by the Artist. An image of the work is attached hereto as Exhibit A. 3. Title, Ownership, Copyright, Waiver. Upon acceptance of delivery of the Work by the City and execution of this agreement, the Work shall be the property of the City and all title and interest shall pass to the City. Upon transfer of the Work to the City: A. Conveyance of All Rights in the Work. The Work and all associated intangible property rights within the Work shall be and remain for all purposes the property of the City of Mount Vernon for its Public Art Collection. The Artist acknowledges that the Work is being donated by the Artist for use by the City as part of a public art collection. The Artist hereby irrevocably transfers and assigns to the City, its successors and assigns, the entire right, title and interest therein, including all copyrights and any registrations and copyright applications relating thereto, as well as all renewals and extensions thereto and any renewals and extensions thereof and in and to all works based upon, derived from, or incorporating the Work, and to all income, royalties, damages, claims and Art Donation Agreement Overall….Making of Hay Page 1 of 4  payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing throughout the world. City has all rights in perpetuity to reproduce the Work, electronically, graphically or otherwise, including, but not limited to, the artwork proposal and all preliminary studies, models and maquettes and other two dimensional reproductions of the artwork without prior consent of the Artist, including but not limited to reproductions used in advertising, brochures, medial publicity, noncommercial reproductions, in the City’s portfolio of public art, catalogues or other similar. The Artist retains any intellectual property rights in documents and intangible property created by Artist unrelated to the Work. B. License to the Artist. The City hereby grants to the Artist a non-assignable irrevocable license to make photographs, drawings, and other two dimensional reproductions of the Work without prior consent of the City, including but not limited to reproductions used in advertising, brochures, media publicity, noncommercial reproductions, in the Artist’s portfolio, catalogues or other similar publications, provided that these rights are exercised in a reasonable manner. C. If the Work is one to which the provisions of 17 U.S.C. 106A apply, the Artist hereby waives and appoints the City to assert on the Artist’s behalf the Artists moral rights or any equivalent rights regarding the form or extent of any alteration to the Work (including, without limitation, removal or destruction) or the making of any derivative works based on the Work, including, without limitation, photographs, drawings or other visual reproductions or the Work, in any medium, for City purposes. Furthermore, Artists consents to the Work to be installed at the City’s discretion. In the event the City determines the Work must be repaired or modified the Artist waives the right to consult with the City regarding such repair or modification. If the City, in its discretion, determines to modify or repair the Work, the Artist shall have the right to require the City to remove any attribution of the Work to the Artist. Artist does not waive, and hereby reserves, any rights it may have pursuant to 17 U.S.C. §106A(a)(1), (2) to claim authorship of the Work and to prevent the use of his or her name as the author of any work of visual art not created by the Artist or in the event of modification of the Work. Exercise of any rights to attribution by the Artist shall require the Artist to provide reasonable written notice to the City requesting that the City provide such attribution or in the event of modification removal of such attribution. The Artist waives and fully releases the City from any and all claims for damages in the event of the City’s failure to perform under this section. The Artist’s sole remedy for breach under this section shall be the specific performance by the City. 4. Artist’s Representation and Warrant. Artist expressly represents and warrants that the Work is an original work of the Artist’s creative efforts and has not infringe on another’s copyright, or rights in trade or service marks. Artist agrees to defend and indemnify City from any and all claims and damages arising out of in whole or in part from acts, errors, omissions, copyright or property infringement, or negligent act of the Artist. The Artist expressly represents and warrants that the Work is free from any and all defects in material, Art Donation Agreement Overall….Making of Hay Page 2 of 4  workmanship, and fabrication. The Artist shall not be responsible for damage resulting from fire, vandalism or acts of God. 5. Risk of Loss. City shall provide or arrange for delivery from the Artist which may include the City arranging pick up at the Artist’s location. The Artist shall bear the risk of loss for any damage occurring prior to loading and securing the Work for delivery. After loading and properly securing the Work, City shall take possession and be responsible for delivery and shall bear risk of loss for any damage occurring to the Work during delivery. 6. Removal or Disassemblage. The Artist understands that the Work is owned by the City. As such, at some time in the future, the City may move the Work to other locations or disassemble the framing. In the event of removal or disassembly, the City shall be responsible for moving and disassembly and shall bear the risk of loss. The City reserves the right to reinstall or dispose of the artwork at a different site or as it deems appropriate. Such determination shall be the sole right of the City. 7. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding, Agreement or negotiation whether oral or written not set forth herein. 8. Modification of Agreement. This Agreement may be modified by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and the Artist. 9. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. 10. Notices. A. Notices to the City of Mount Vernon shall be sent to the following address: City of Mount Vernon Attn: Parks Director PO Box 809 910 Cleveland Avenue Mount Vernon, WA 98274 B. Notices to the Artist shall be sent to the following address: Alfred Currier 1814 M Avenue Anacortes, WA 98221 Art Donation Agreement Overall….Making of Hay Page 3 of 4 11. Venue/Choice of Law. It is agreed that venue for any lawsuit arising out of this Agreement shall be Skagit County and that the laws of the State of Washington shall govern any dispute. IN WITNESS WHEREOF, the City and Artist have executed this Agreement as of the date first above written. CITY OF MOUNT VERNON ARTIST WASHINGTON By: ____________________________ __________________________________ Jill Boudreau, Mayor Alfred Currier Date: ______________ Date: _______________ ATTEST: Doug Volesky, Finance Director Date: ______________ APPROVED AS TO FORM: Kevin Rogerson, City Attorney Date: _______________ Art Donation Agreement Overall….Making of Hay Page 4 of 4  EXHIBIT A [Photo of the Work] Art Donation Agreement Overall….Making of Hay Page 5 of 4 AGENDA ITEM: E  AGENDA ITEM: F DATE: May 12, 2021 TO: Mayor Boudreau and City Council FROM: Bryan Brice, Fire Chief SUBJECT: WARD FILTER SYSTEM PURCHASE AGREEMENT RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to execute the purchase agreement for the Ward filter systems. INTRODUCTION/BACKGROUND: Firefighters are frequently exposed to a wide range of dangerous situations, ranging from car accidents to house and industrial fires. Their occupation puts them at risk of increased injury and illness. Cancer is one area in which firefighters experience higher risk than the general public, as well as other occupational groups. Some areas of the job the risk cannot be mitigated, however designing fire stations with decontamination areas as well as separating clean areas from the contaminated zones is one step. In addition, the use of vehicle exhaust filter systems for apparatus adds protection from harmful contaminates. The filter systems can be in the form of exhaust fans in the apparatus area, facility mounted systems that connect to the vehicles exhaust or systems directly installed on the apparatus themselves. Ward’s NO SMOKE is an apparatus-mounted, direct source diesel exhaust particulate capture system that works automatically to protect from the dangers of breathing diesel exhaust. The system captures the harmful particulate and gases that firefighters and others shouldn’t be exposed to. The system is installed beyond all of the after treatment devices and before the diffuser tip and it does not interfere with the vehicle exhaust system and does not void any engine warranties. FINDINGS/CONCLUSIONS: After researching various options for mitigating vehicle exhaust (facility mounted and vehicle mounted) we have determined that the Ward NO SMOKE filter system is the best option. The cost to outfit the vehicles that are parked inside of the stations (12 in total) comes to $122,541.72. RECOMMENDATION: Staff recommends that Council authorize the Mayor to execute the purchase agreement for the Ward filter systems. ATTACHED: Attachment A – Ward Filter System quote  Quotation Beecher Emission Solution Technologies, LLC dba Ward Diesel Filter Systems 1250 Schweizer Road Date: April 20, 2021 Horseheads, NY 14845 Quotation #: 11256R3 Phone: 800-845-4665 Fax: 607-739-7092 To: Mount Vernon Fire Department Quotation valid until: July 19, 2021 1901 N. Laventure Rd. Prepared by: MC Mount Vernon , WA 98273 Attention: Eric Tyree Quantity Description Per Unit Price Total Price 12 NO SMOKE direct source diesel exhaust filtration system, $9,394.49 $112,733.88 installed, excluding taxes Mt. Vernon and Washington State Tax @8.7 % $9,807.84 Warranty: One (1) year. End User: Mount Vernon Fire Dept. Installation Site: TBD Terms: Net 30 days on all invoices. Invoicing will be done weekly on the number of units installed for each week. Notes: All prices are in US Dollars. Proposal does not include bid and/or performance bond cost. This price quote is based on cash payments only and has a 5% discount. If paying by credit card the price is: $128,668.81 Mike Chevalier TOTAL $122,541.72 Regional Sales Manager  AGENDA ITEM: G DATE: May 12, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE SUBJECT: BID AWARD: 2021 STREET IMPROVEMENTS (PAVING) – PROJECT TS-2021-002 RECOMMENDED ACTION: Staff recommends Council award the 2021 Street Improvements, Schedules A, C, and D to Lakeside Industries, Inc. for the bid amount of $1,218,795.67. INTRODUCTION/BACKGROUND: On (bid opening date), bids were opened and read for the 2021 Street Improvements. The project includes planing or excavating existing pavement, adjusting existing utilities, paving with HMA, installing precast traffic curb, installing permanent pavement markings, and other work. A total of 6 bids were received and considered. FINDINGS/CONCLUSIONS: After reviewing the submitted bids, staff determined that the bid from Lakeside Industries, Inc. for $1,218,795.67 was the lowest responsible bid for the schedules selected for contract award per RCW 39.04.010 and RCW 39.04.350. RECOMMENDATION: Staff recommends Council award the 2021 Street Improvements, Schedules A, C, and D to Lakeside Industries, Inc. for the bid amount of $1,218,795.67. ATTACHED: Bid Tabulation  910 Cleveland Avenue Mount Vernon, WA 98273 Phone: (360) 336-6204 LOWEST RESPONSIVE BIDDER Called By: City of Mount Vernon 1 2 3 4 5 6 For: 2021 Street Improvements Bidder's Name Lakeside Industries, Inc. Cadman Materials, Inc. Central Paving LLC Granite Construciton Company Colacurcio Brothers, Inc. SRV Construction, Inc. 1024 Cleveland Avenue Address PO Box 729 7554 185th Ave NE, Suite 100 1410 W Dolarway Rd, Bldg 3 7017 Everson Goshen Rd 3287 H Street Rd. PO Box 507 Mount Vernon, WA 98273 Anacortes, WA 98221 Redmond, WA 98052 Ellensburg, WA 98926 Everett, WA 98247 Blaine, WA 98230 Anacortes, WA 98221 Phone (360) 293-2168 (206) 867-0883 (509) 929-1044 (360) 676-2450 (360) 332-4044 (360) 675-7100 OFFICIAL BID TABULATION Fax (360) 332-5079 By: Darin Christen, P.E., April 22, 2021 Item No. Description Quantity Unit UnitPrice Amount Unit Price Amount Unit Price Amount Unit Price Amount UnitPrice Amount Unit Price Amount Schedule A - Base Bid A001 Mobilization 1 LS $23,000.00 $ 23,000.00 $30,000.00 $ 30,000.00 $68,000.00 $ 68,000.00 $60,000.00 $ 60,000.00 $40,000.00 $ 40,000.00 $50,000.00 $ 50,000.00 A002 SPCC Plan 1 LS $400.00 $ 400.00 $108.00 $ 108.00 $500.00 $ 500.00 $500.00 $ 500.00 $200.00 $ 200.00 $250.00 $ 250.00 A003 Project Temporary Traffic Control 1 LS $77,500.00 $ 77,500.00 $82,500.00 $ 82,500.00 $45,240.00 $ 45,240.00 $116,000.00 $ 116,000.00 $88,000.00 $ 88,000.00 $135,000.00 $ 135,000.00 A004 Inlet Protection 101 EA $70.00 $ 7,070.00 $28.50 $ 2,878.50 $80.00 $ 8,080.00 $60.00 $ 6,060.00 $50.00 $ 5,050.00 $68.00 $ 6,868.00 A005 Planing Bituminous Pavement 26,699 SY $2.64 $ 70,485.36 $2.15 $ 57,402.85 $2.21 $ 59,004.79 $1.50 $ 40,048.50 $2.00 $ 53,398.00 $2.50 $ 66,747.50 A011 Adjust and Protect or Re-Establish Survey Monument 13 EA $115.00 $ 1,495.00 $310.00 $ 4,030.00 $640.50 $ 8,326.50 $220.00 $ 2,860.00 $1,500.00 $ 19,500.00 $1,100.00 $ 14,300.00 A012 Adjust Manhole and Replace Ring and Cover 38 EA $940.00 $ 35,720.00 $594.00 $ 22,572.00 $892.50 $ 33,915.00 $850.00 $ 32,300.00 $750.00 $ 28,500.00 $1,000.00 $ 38,000.00 A014 Adjust Water Valve Box 16 EA $760.00 $ 12,160.00 $310.00 $ 4,960.00 $640.50 $ 10,248.00 $390.00 $ 6,240.00 $630.00 $ 10,080.00 $700.00 $ 11,200.00 A015 HMA Cl. 1/2 In. Pg 64-22 3,738 TON $78.50 $ 293,433.00 $79.50 $ 297,171.00 $93.00 $ 347,634.00 $83.00 $ 310,254.00 $90.00 $ 336,420.00 $91.00 $ 340,158.00 A017 Temporary Pavement Marking Short Duration 26,915 LF $0.35 $ 9,420.25 $0.30 $ 8,074.50 $0.30 $ 8,074.50 $0.55 $ 14,803.25 $1.00 $ 26,915.00 $0.30 $ 8,074.50 A018 Precast Dual Faced Sloped Mountable Curb 115 LF $23.00 $ 2,645.00 $33.50 $ 3,852.50 $26.25 $ 3,018.75 $25.00 $ 2,875.00 $46.00 $ 5,290.00 $22.00 $ 2,530.00 A019 Plastic Bicycle Lane Symbol 3 EA $320.00 $ 960.00 $339.00 $ 1,017.00 $294.00 $ 882.00 $210.00 $ 630.00 $215.00 $ 645.00 $300.00 $ 900.00 A020 Plastic Traffic Arrow 24 EA $165.00 $ 3,960.00 $83.15 $ 1,995.60 $152.25 $ 3,654.00 $120.00 $ 2,880.00 $115.00 $ 2,760.00 $160.00 $ 3,840.00 A021 Plastic Crosswealk Line 1,330 SF $6.75 $ 8,977.50 $5.20 $ 6,916.00 $6.20 $ 8,246.00 $5.50 $ 7,315.00 $5.60 $ 7,448.00 $6.50 $ 8,645.00 A022 Plastic Stop Line 282 LF $9.00 $ 2,538.00 $8.65 $ 2,439.30 $8.28 $ 2,334.96 $5.50 $ 1,551.00 $5.60 $ 1,579.20 $9.00 $ 2,538.00 A025 Paint Line 27,600 LF $0.26 $ 7,176.00 $0.35 $ 9,660.00 $0.24 $ 6,624.00 $0.20 $ 5,520.00 $0.20 $ 5,520.00 $0.30 $ 8,280.00 A026 Painted Wide Lane Line 955 LF $0.30 $ 286.50 $0.38 $ 362.90 $0.26 $ 248.30 $0.50 $ 477.50 $0.50 $ 477.50 $0.30 $ 286.50 A050 Asphalt Cost Price Adjustment 1.00 CALC $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 Subtotal Schedule A $ 558,226.61 $ 536,940.15 $ 615,030.80 $ 611,314.25 $ 632,782.70 $ 698,617.50 Schedule B - Additive B001 Mobilization 1 LS $20,100.00 $ 20,100.00 $19,500.00 $ 19,500.00 $9,000.00 $ 9,000.00 $15,000.00 $ 15,000.00 $19,000.00 $ 19,000.00 $21,000.00 $ 21,000.00 B002 SPCC Plan 1 LS $100.00 $ 100.00 $108.00 $ 108.00 $500.00 $ 500.00 $500.00 $ 500.00 $200.00 $ 200.00 $200.00 $ 200.00 B003 Project Temporary Traffic Control 1 LS $23,000.00 $ 23,000.00 $39,900.00 $ 39,900.00 $22,040.00 $ 22,040.00 $20,400.00 $ 20,400.00 $20,000.00 $ 20,000.00 $16,650.00 $ 16,650.00 B004 Inlet Protection 20 EA $70.00 $ 1,400.00 $45.10 $ 902.00 $80.00 $ 1,600.00 $60.00 $ 1,200.00 $35.00 $ 700.00 $68.50 $ 1,370.00 B006 Roadway Excavation Incl. Haul 1,024 CY $39.00 $ 39,936.00 $46.40 $ 47,513.60 $30.00 $ 30,720.00 $31.00 $ 31,744.00 $35.00 $ 35,840.00 $43.00 $ 44,032.00 B010 Crushed Surfacing Top Course 650 TON $17.65 $ 11,472.50 $31.00 $ 20,150.00 $40.00 $ 26,000.00 $19.00 $ 12,350.00 $25.00 $ 16,250.00 $31.50 $ 20,475.00 B011 Adjust and Protect or Re-Establish Survey Monument 17 EA $115.00 $ 1,955.00 $330.00 $ 5,610.00 $640.50 $ 10,888.50 $220.00 $ 3,740.00 $1,500.00 $ 25,500.00 $1,050.00 $ 17,850.00 B012 Adjust Manhole and Replace Ring and Cover 8 EA $940.00 $ 7,520.00 $892.50 $ 7,140.00 $892.50 $ 7,140.00 $850.00 $ 6,800.00 $750.00 $ 6,000.00 $1,125.00 $ 9,000.00 B015 HMA Cl. 1/2" Pg 64-222 2,049 TON $78.50 $ 160,846.50 $84.20 $ 172,525.80 $89.00 $ 182,361.00 $81.00 $ 165,969.00 $91.00 $ 186,459.00 $91.00 $ 186,459.00 B050 Asphalt Cost Price Adjustment 1.00 CALC $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 Total Schedule B $ 267,330.00 $ 314,349.40 $ 291,249.50 $ 258,703.00 $ 310,949.00 $ 318,036.00 2021 Street Improvements, Project TS-2021-002 Called By: City of Mount Vernon 1 2 3 4 5 6 For: 2021 Street Improvements Bidder's Name Lakeside Industries, Inc. Cadman Materials, Inc. Central Paving LLC Granite Construciton Company Colacurcio Brothers, Inc. SRV Construction, Inc. 1024 Cleveland Avenue Address PO Box 729 7554 185th Ave NE, Suite 100 1410 W Dolarway Rd, Bldg 3 7017 Everson Goshen Rd 3287 H Street Rd. PO Box 507 Mount Vernon, WA 98273 Anacortes, WA 98221 Redmond, WA 98052 Ellensburg, WA 98926 Everett, WA 98247 Blaine, WA 98230 Anacortes, WA 98221 Phone (360) 293-2168 (206) 867-0883 (509) 929-1044 (360) 676-2450 (360) 332-4044 (360) 675-7100 OFFICIAL BID TABULATION Fax (360) 332-5079 By: Darin Christen, P.E., April 22, 2021 Item No. Description Quantity Unit UnitPrice Amount Unit Price Amount Unit Price Amount Unit Price Amount UnitPrice Amount Unit Price Amount Schedule C - Additive C001 Mobilization 1 LS $25,000.00 $ 25,000.00 $19,000.00 $ 19,000.00 $8,000.00 $ 8,000.00 $21,200.00 $ 21,200.00 $18,000.00 $ 18,000.00 $20,000.00 $ 20,000.00 C002 SPCC Plan 1 LS $100.00 $ 100.00 $108.00 $ 108.00 $500.00 $ 500.00 $500.00 $ 500.00 $200.00 $ 200.00 $250.00 $ 250.00 C003 Project Temporary Traffic Control 1 LS $25,000.00 $ 25,000.00 $22,100.00 $ 22,100.00 $19,720.00 $ 19,720.00 $17,600.00 $ 17,600.00 $18,500.00 $ 18,500.00 $14,600.00 $ 14,600.00 C006 Roadway Excavation Incl. Haul 980 CY $41.00 $ 40,180.00 $42.40 $ 41,552.00 $30.00 $ 29,400.00 $19.00 $ 18,620.00 $32.40 $ 31,752.00 $40.30 $ 39,494.00 C010 Crushed Surfacing Top Course 735 TON $19.00 $ 13,965.00 $28.30 $ 20,800.50 $40.00 $ 29,400.00 $19.00 $ 13,965.00 $25.00 $ 18,375.00 $31.50 $ 23,152.50 C015 HMA Cl. 1/2" Pg 64-222 2,333 TON $79.50 $ 185,473.50 $79.90 $ 186,406.70 $88.00 $ 205,304.00 $78.00 $ 181,974.00 $91.00 $ 212,303.00 $93.00 $ 216,969.00 C017 Temporary Pavement Marking - Short Duration 7,890 LF $0.11 $ 867.90 $1.00 $ 7,890.00 $0.30 $ 2,367.00 $0.55 $ 4,339.50 $1.00 $ 7,890.00 $0.30 $ 2,367.00 C024 Paint Line 7,890 LF $0.26 $ 2,051.40 $0.40 $ 3,156.00 $0.24 $ 1,893.60 $0.20 $ 1,578.00 $0.20 $ 1,578.00 $0.25 $ 1,972.50 C050 Asphalt Cost Price Adjustment 1.00 CALC $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 Total Schedule 3 - Additive $ 293,637.80 $ 302,013.20 $ 1,000.00 $ 297,584.60 $ 260,776.50 $ 309,598.00 $ 319,805.00 Schedule D - Additive D001 Mobilization 1 LS $10,000.00 $ 10,000.00 $23,000.00 $ 23,000.00 $14,000.00 $ 14,000.00 $30,000.00 $ 30,000.00 $20,000.00 $ 20,000.00 $40,000.00 $ 40,000.00 D002 SPCC Plan 1 LS $100.00 $ 100.00 $108.00 $ 108.00 $500.00 $ 500.00 $500.00 $ 500.00 $200.00 $ 200.00 $250.00 $ 250.00 D003 Project Temporary Traffic Control 1 LS $53,400.00 $ 53,400.00 $76,600.00 $ 76,600.00 $26,680.00 $ 26,680.00 $89,200.00 $ 89,200.00 $46,000.00 $ 46,000.00 $88,250.00 $ 88,250.00 D004 Inlet Protection 25 EA $70.00 $ 1,750.00 $40.60 $ 1,015.00 $80.00 $ 2,000.00 $60.00 $ 1,500.00 $35.00 $ 875.00 $76.50 $ 1,912.50 D005 Planing Bituminous Pavement 17,369 SY $2.64 $ 45,854.16 $2.60 $ 45,159.40 $1.71 $ 29,700.99 $1.50 $ 26,053.50 $2.00 $ 34,738.00 $2.50 $ 43,422.50 D011 Adjust and Protect or Re-establish Survey Monument 8 EA $115.00 $ 920.00 $582.75 $ 4,662.00 $640.50 $ 5,124.00 $220.00 $ 1,760.00 $1,500.00 $ 12,000.00 $1,045.00 $ 8,360.00 D012 Adjust Manhole and Replace Ring and Cover 16 EA $940.00 $ 15,040.00 $892.50 $ 14,280.00 $892.50 $ 14,280.00 $850.00 $ 13,600.00 $680.00 $ 10,880.00 $1,000.00 $ 16,000.00 D014 Adjust Water Valve Box 44 EA $760.00 $ 33,440.00 $310.00 $ 13,640.00 $640.50 $ 28,182.00 $390.00 $ 17,160.00 $350.00 $ 15,400.00 $675.00 $ 29,700.00 D015 HMA Cl. 1/2 In. Pg 64-22 2,431 TON $80.00 $ 194,480.00 $76.20 $ 185,242.20 $90.00 $ 218,790.00 $84.00 $ 204,204.00 $92.00 $ 223,652.00 $92.00 $ 223,652.00 D017 Temporary Pavement Marking - Short Duration 14,621 LF $0.24 $ 3,509.04 $0.55 $ 8,041.55 $0.30 $ 4,386.30 $0.55 $ 8,041.55 $1.00 $ 14,621.00 $0.30 $ 4,386.30 D020 Plastic Traffic Arrow 2 EA $165.00 $ 330.00 $83.10 $ 166.20 $152.50 $ 305.00 $120.00 $ 240.00 $120.00 $ 240.00 $160.00 $ 320.00 D021 Plastic Crosswalk Line 340 SF $7.00 $ 2,380.00 $5.15 $ 1,751.00 $6.20 $ 2,108.00 $5.50 $ 1,870.00 $5.60 $ 1,904.00 $6.50 $ 2,210.00 D022 Plastic Stop Line 100 LF $9.00 $ 900.00 $8.65 $ 865.00 $8.28 $ 828.00 $5.50 $ 550.00 $5.60 $ 560.00 $9.00 $ 900.00 D025 Paint Line 14,621 LF $0.26 $ 3,801.46 $0.40 $ 5,848.40 $0.24 $ 3,509.04 $0.20 $ 2,924.20 $0.20 $ 2,924.20 $0.30 $ 4,386.30 D026 Painted Wide Lane Line 95 LF $0.28 $ 26.60 $0.38 $ 36.10 $0.26 $ 24.70 $0.50 $ 47.50 $0.50 $ 47.50 $0.30 $ 28.50 D050 Asphalt Cost Price Adjustment 1.00 CALC $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 Total Schedule D $ 366,931.26 $ 381,414.85 $ 351,418.03 $ 398,650.75 $ 385,041.70 $ 464,778.10 BASE BID A + ADDITIVES C & D $ 1,218,795.67 $ 1,220,368.20 $ 1,264,033.43 $ 1,270,741.50 $ 1,327,422.40 $ 1,483,200.60 2021 Street Improvements, Project TS-2021-002  AGENDA ITEM: H DATE: May 12, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE SUBJECT: ACCEPTANCE OF PROPOSAL - TS-2021-008: 2021-2022 ON CALL SURVEYING RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to enter into a professional services agreement with Harmsen LLC to provide on-call surveying services during the calendar years 2021-2022. INTRODUCTION/BACKGROUND: The scope of work for the contract includes providing on-call surveying services to the Public Works Department. The services will provide for surveying data needed to design street and curb ramp improvements and other Public Works projects. On February 5, 2021, staff utilized the MRSC professional service roster to identify candidates for this project and solicited them for statements of qualifications. Following a review of the submitted qualifications, it was determined Harmsen LLC was the best qualified to provide the services. A proposal and rate schedule was submitted by Harmsen LLC and it is included as an appendix in the attached agreement. FINDINGS/CONCLUSIONS: Staff reviewed the submitted proposal and rate schedule and determined that the rates and services offered are acceptable. RECOMMENDATION: A motion from Council authorizing the Mayor to enter into a professional services agreement with Harmsen LLC for on call surveying services in the calendar years 2021-2022, for an amount not to exceed $50k per calendar year. ATTACHED:  Professional Services Agreement  Consultant Selection Memo  CITY OF MOUNT VERON PROFESSIONAL SERVICES AGREEMENT TS-2021-008: 2021-2022 On-Call Surveying THIS AGREEMENT made and entered into on this ______ day of _____________, 2021, by and between the CITY OF MOUNT VERNON, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Harmsen, LLC ,whose address is PO Box 1759, Mount Vernon, WA 98273, hereinafter referred to as the "Contractor." WHEREAS, the City desires to engage the Contractor to provide On-Call Surveying Services; and WHEREAS, Contractor represented, and by entering into this Agreement now represents, that it is fully qualified to perform the work to be performed hereunder in a competent and professional manner; NOW, THEREFORE, the parties herein do mutually agree as follows: Engagement of Contractor. The City hereby agrees to engage the Contractor, and the Contractor hereby agrees, to perform the work in a competent and professional manner and provide the services described in the attached "Exhibit A - Scope of Work". The Scope of Work so identified is hereafter referred to as “Work”. Without a written directive of an authorized representative of the City, the Contractor shall not perform any services that are in addition to, or beyond the scope of, the Work. If the Contractor’s proposal is attached as an exhibit, and if such proposal contains or incorporates any conditions or terms in addition to or different from the terms of this Agreement, then the Contractor expressly agrees that such conditions or terms are neither incorporated nor included into this Agreement between the City and Contractor. If, and to the extent, the Work includes the design of a public work or improvement, in whole or in part, Contractor’s design shall be reasonably accurate, adequate and suitable for its intended purpose. Intellectual Property Rights. Reports, drawings, plans, specifications and any other intangible property created in furtherance of the Work are property of the City for all purposes, whether the project for which they are made is executed or not, and may be used by the City for any purpose. Unless otherwise expressly agreed in writing, all intellectual property rights in such documents or intangible property created pursuant to this Agreement, or for the City of Mount Vernon, belong to the City of Mount Vernon. Contractor retains any intellectual property rights in documents and intangible property created by Contractor prior to engagement, or not created by Contractor for its performance of this Agreement. Time of Beginning and Completion of Performance. This Agreement shall commence as of the date of execution of this Agreement and shall be completed by December 31, 2023. PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES Compensation. 1. The City shall pay the Contractor only for completed Work and for services actually rendered which are described herein. Such payment shall be full compensation for Work performed or services rendered, including, but not limited to, all labor, materials, supplies, equipment and incidentals necessary to complete the Work. 2. The Contractor shall be paid such amounts and in such manner as described in Exhibit B. 3. Contractor may receive payment as reimbursement for Reimbursable Expenses actually incurred. “Reimbursable Expenses” means those types and amounts of expenses either listed in Exhibit C or such expenses as are approved for reimbursement by the City in writing prior to the expense being incurred. If Exhibit C is either blank or not attached, expenses may not be reimbursed unless prior written approval was obtained from the City. An expense shall not be reimbursed if: (1) the expense is not identified in Exhibit C; (2) the expense exceeds the per item or cumulative limits for such expense if it is identified in Exhibit C; or (3) the expense was not approved in writing by an authorized City representative prior to the Contractor incurring the expense. If, and to the extent, overnight lodging in western Washington is authorized, Contractor is strongly encouraged to lodge within the corporate limits of City. When authorized, Contractor will be reimbursed 100% of lodging expense, if lodged within the corporate limits of the City, but Contractor will be reimbursed 50% of lodging expense when lodged outside the corporate limits of the City. If authorized, the City may (at its sole option) obtain or arrange air travel for the Contractor. 4. Total compensation, including all services and expenses, shall not exceed a maximum of Fifty Thousand Dollars & No Cents ($50,000) per calendar year. 5. If Contractor fails or refuses to correct its work when so directed by the City, the City may withhold from any payment otherwise due an amount that the City in good faith believes is equal to the cost to the City of correcting, re-procuring, or remedying any damage caused by Contractor’s conduct. Method of Payment. 1. To obtain payment, the Contractor shall (a) file its request for payment, accompanied by evidence satisfactory to the City justifying the request for payment; (b) submit a report of Work accomplished and hours of all tasks completed; (c) to the extent reimbursement of Reimbursable Expenses is sought, submit itemization of such expenses and, if requested by the City, copies of receipts and invoices; and (d) comply with all applicable provisions of this Agreement. Contractor shall be paid no more often than once every thirty days. 2. All requests for payment should be sent to: Darin Christen, PE - Senior Engineer City of Mount Vernon Public Works Department 1024 Cleveland Avenue Mount Vernon, WA 98273 mvengineering@mountvernonwa.gov – preferred method PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES Submission of Reports and Other Documents. The Contractor shall submit all reports and other documents as and when specified in Exhibit A. Said information shall be subject to review by the City, and if found to be unacceptable, Contractor shall correct and deliver to the City any deficient Work at Contractor’s expense with all practical dispatch. Contractor shall abide by the City’s determinations concerning acceptability of Work. Termination of Contract. City reserves the right to terminate this Agreement at any time by sending written notice of termination to Contractor (“Notice”). The Notice shall specify a termination date (“Termination Date”) at least fourteen (14) days after the date the Notice is issued. The Notice shall be effective (“Notice Date”) upon the earlier of either actual receipt by Contractor (whether by fax, mail, delivery or other method reasonably calculated to be received by Contractor in a reasonably prompt manner) or three calendar days after issuance of the Notice. Upon the Notice Date, Contractor shall immediately commence to end the Work in a reasonable and orderly manner. Unless terminated for Contractor’s material breach, the Contractor shall be paid or reimbursed for: (a) all hours worked and Reimbursable Expenses incurred up to the Notice Date, less all payments previously made; and (b) those hours worked and Reimbursable Expenses incurred after the Notice Date, but prior to the Termination Date, that were reasonably necessary to terminate the Work in an orderly manner. The Notice shall be sent by the United States Mail to Contractor’s address provided herein, postage prepaid, certified or registered mail, return receipt requested, or by delivery. In addition, the Notice may also be sent by any other method reasonably believed to provide Contractor actual notice in a timely manner, such as fax. The City does not by this section waive, release or forego any legal remedy for any violation, breach or non-performance of any of the provision of this Agreement. At its sole option, City may deduct from the final payment due the Contractor (a) any damages, expenses or costs arising out of any such violations, breaches, or non-performance and (b) any other backcharges or credits. Changes. The City may, from time to time, unilaterally change the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the scope of work (and resulting increase or decrease in compensation), shall: (a) be made only in writing and signed by an authorized City representative, (b) be explicitly identified as a Change Order and (c) become a part of this Agreement. Subletting/Assignment of Contracts. Contractor shall not sublet or assign any of the Work without the express, prior written consent of the City. Indemnification. Except as otherwise provided in this paragraph, the Contractor hereby agrees to defend and indemnify the City from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by Contractor (or its employees, agents, representatives, subcontractors/subconsultants) relating to this Agreement. The Contractor is obligated to defend and indemnify the City pursuant to this paragraph whether a Claim is asserted directly against the City, or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the City. The Contractor’s duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Contractor. The Contractor shall not indemnify the City for Claims caused solely by the negligence of the City. If (1) RCW PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage to property for which the Contractor is to indemnify the City is caused by or results from the concurrent negligence of (a) the Contractor, its employees, subcontractors/subconsultants or agents and (b) the City, then the Contractor’s duty to indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Contractor specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Contractor recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) “City” includes the City’s officers, employees, agents, and representatives and (2) “Claims” include, but is not limited to, any and all losses, claims, demands, expenses (including, but not limited to, attorney’s fees and litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, general damages, special damages, or punitive damages. If, and to the extent, Contractor employs or engages subconsultants or subcontractors, then Contractor shall ensure that each such subconsultant and subcontractor (and subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. Insurance. 1. Contractor shall comply with the following conditions and procure and keep in force during the term of this Agreement, at Contractor’s own cost and expense, the following policies of insurance with companies authorized to do business in the State of Washington, which are rated at least “A” or better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are acceptable to the City. a. Workers’ Compensation Insurance as required by Washington law and Employer’s Liability Insurance with limits not less than $1,000,000 per occurrence. If the City authorizes sublet work, the Contractor shall require each subcontractor to provide Workers’ Compensation Insurance for its employees, unless the Contractor covers such employees. b. Commercial General Liability Insurance on an occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. c. Business Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle will be used in accomplishing this Agreement may be substituted for this insurance requirement. d. Professional Errors and Omissions Insurance in an amount not less than $1,000,000 per occurrence and $1,000,000 in the annual aggregate. Such coverage may be written on a claims made basis. If both parties agree that the Work does not warrant Contractor providing Professional Errors and Omissions Insurance, this paragraph may be stricken and initialed by both parties. PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES 2. The above liability policies shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the required insurance during the term of this Agreement. 3. Upon written request by the City, the insurer or his/her agent will furnish, prior to or during any Work being performed, a copy of any policy cited above, certified to be a true and complete copy of the original. 4. Prior to the Contractor performing any Work, Contractor shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Contractor shall provide the City with either (1) a true copy of an endorsement naming the City of Mount Vernon, its officers, employees and agents as Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services provided under this Agreement and that such insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) a true copy of the blanket additional insured clause from the policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Contractor’s obligations to fulfill the requirements. 5. If the policy listed in paragraph 1.d above, Professional Errors and Omissions Insurance, is on a claims made policy form, the retroactive date on the policy shall be the effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such policy shall be the same as the original policy provided. The extended reporting or discovery period on a claims made policy form shall not be less than 36 months following expiration of the policy. (This paragraph shall not apply if paragraph 1.d above is stricken.) 6. Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington that requires every employer to be insured against liability of Workers’ Compensation, or to undertake self-insurance in accordance with the provisions of that Title. Contractor shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the Work. Contractor shall provide the City with evidence of Workers’ Compensation Insurance (or evidence of qualified self- insurance) before any Work is commenced. 7. In case of the breach of any provision of this section, the City may, at its option and with no obligation to do so, provide and maintain at the expense of Contractor, such types of insurance in the name of the Contractor, and with such insurers, as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement or may demand Contractor to promptly reimburse the City for such cost. Independent Contractor. 1. It is further agreed by and between the parties that because this Agreement shall not constitute nor create an employer-employee relationship, and since the Contractor is an independent contractor, Contractor shall be responsible for all obligations relating to federal income tax, self-employment FICA taxes and contributions, and all other so called employer taxes and contributions, including, but not limited to, industrial insurance (Workmen's Compensation), and that the Contractor agrees to indemnify, defend and hold PROFESSIONAL SERVICES AGREEMENT PAGE 5 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES  the City harmless from any claims, valid or otherwise, made to the City, because of these obligations. 2. Any and all employees of the Contractor, while engaged in the performance of any Work, shall be considered employees of only the Contractor and not employees of the City. The Contractor shall be solely liable for any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees or Contractor, while so engaged and for any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the Work 3. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and other legislation affecting its employees and the rules and regulations issued thereunder insofar as applicable to its employees and shall at all times save the City free, clear and harmless from all actions, claims, demands and expenses arising out of said act, and rules and regulations that are or may be promulgated in connection therewith. 4. Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises or payments required by any city, federal or state legislation which are now or may during the term of the Agreement be enacted as to all persons employed by the Contractor and as to all duties, activities and requirements by the Contractor in performance of the Work and Contractor shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations that are now or may be promulgated in connection therewith. Employment. The Contractor warrants that he had not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Audits and Inspections. At any time during normal business hours and as often as the City may deem necessary, the Contractor shall make available to the City for the City’s examination all of the Contractor’s records and documents with respect to all matters covered by this Agreement and, furthermore, the Contractor will permit the City to audit, examine and make copies, excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. City of Mount Vernon Business License. Contractor agrees to obtain a City of Mount Vernon business license prior to performing any work pursuant to this Agreement. PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES State of Washington Requirements. Contractor agrees to register and obtain any State of Washington business licenses, Department of Revenue account and/or unified business identifier number as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to this Agreement. Compliance with Federal, State and Local Laws. Contractor shall comply with and obey all federal, state and local laws, regulations, and ordinances applicable to the operation of its business and to its performance of work hereunder. Compliance with Grant Terms and Conditions. Contractor shall comply with any and all conditions, terms and requirements of any federal, state or other grant that wholly or partially funds Contractor’s work hereunder. Waiver. Any waiver by the Contractor or the City or the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding, Agreement or negotiation whether oral or written not set forth herein. Modification of Agreement. This Agreement may be modified in “Changes” section above, or by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and the Contractor. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. Notices. 1. Notices to the City of Mount Vernon shall be sent to the following address: Darin Christen, PE - Senior Engineer City of Mount Vernon Public Works Department 1024 Cleveland Avenue Mount Vernon, WA 98273 darinc@mountvernonwa.gov 2. Notices to the Contractor shall be sent to the following address: Harmsen, LLC PO Box 1759 Mount Vernon, WA 98273 PROFESSIONAL SERVICES AGREEMENT PAGE 7 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be Skagit County. IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date first above written. City of Mount Vernon Harmsen, LLC By: Jill Boudreau By: Title: Mayor Title: Date: Date: Attest: Approved as to form: Doug Volesky, City Clerk Kevin Rogerson, City Attorney Attachments: Exhibits “A,” “B,” and “C” PROFESSIONAL SERVICES AGREEMENT PAGE 8 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES  Exhibit A Scope of Work TASK 1: CURB RAMP IMPROVEMENTS FOR FIR STREET This task includes: Collecting topographical data and provide line drawings in AutoCAD for the sections of sidewalk depicted in figures A2, and A3. This task will need to be completed as soon as possible and not later than May 30. See Figure A1 for required points to collect survey data. Survey shall include:  Horizontal coordinates and elevations at all required points per Figure A1. This includes the gutter flow line, back of curb, edges of sidewalk at 15 feet from back of sidewalk (or 15 feet from end of curb return whichever is farther from face of curb).  Horizontal coordinates and elevation at each grade break in gutter.  Right of Way boundaries.  All nearby surface features within ROW including utilities, buildings, retaining walls, landscaping, fences, and driveways. Fig. A2: Fir and 30th Fig. A3: Fir and Waugh TASK 2: EXISTING PAVEMENT MARKINGS AND CHANNELIZATION This task includes locating and mapping existing pavement markings and channelizing devices and providing line drawings in AutoCAD, including:  Centerline;  Street and lane striping;  Crosswalks;  Symbols;  Outline of hatched areas;  Channelizing devices; and  Edge of pavement. PROFESSIONAL SERVICES AGREEMENT – EXHIBIT A PAGE 9 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES Streets to be surveyed include: A. 24th and 25th Street Neighborhood, including a. S 24th and S 25th Streets from E Division St to E Kincaid St b. E Montgomery St from S 25th St to S 24th St c. E Kincaid St from S 25th St west to cul-de-sac d. Various cul-de-sacs connected to the above street segments B. 18th St from Fir St to College Way C. E Division St from Cedarwood to Big Lake Rd D. Anderson Rd from Old 99 Hwy to I-5 ramps TASK 3: TOPOGRAPHIC SURVEY FOR CURB RAMP IMPROVEMENTS (LOCATIONS TO BE DETERMINED AT A LATER DATE) This task includes collecting topographical data and providing line drawings in AutoCAD. See Figure A1 for required points to collect survey data. Survey shall include:  Horizontal coordinates and elevations at all required points per Figure A1. This includes the gutter flow line, back of curb, edges of sidewalk at 15 feet from back of sidewalk (or 15 feet from end of curb return whichever is farther from face of curb).  Horizontal coordinates and elevation at each grade break in gutter.  Right of Way boundaries.  All nearby surface features within ROW including utilities, buildings, retaining walls, landscaping, fences, and driveways. TASK 4: ON CALL SERVICES This task includes additional work of a similar nature to Tasks 2 and 3, including: topographic design surveys, construction staking, control surveying, locating property boundaries, or other professional surveying services on an on call basis as requested by the City with a Task Order. PROFESSIONAL SERVICES AGREEMENT – EXHIBIT A PAGE 10 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES PROFESSIONAL SERVICES AGREEMENT – EXHIBIT A PAGE 11 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES  EXHIBIT A LAND SURVEYING ● LAND USE PLANNING ● CIVIL ENGINEERING ● WETLAND SERVICES Darin Christen, PE – Senior Engineer City of Mount Vernon April 30, 2021 Public Works Department P21-0508 1024 Cleveland Avenue (360) 419-3239 Mount Vernon, WA 98273 mvengineering@mountvernonwa.gov Re: TS-2021-008 – R5 Tasks 1, 2 and 3 Dear Darin: Thank you for your interest in having Harmsen, LLC provide professional surveying services for the City of Mount Vernon Public Works Department as specified by the Professional Services Agreement TS- 2021-008 – R5, attached hereto, Tasks 1, 2 and 3, as detailed by Exhibit A thereof. SCOPE OF WORK: • Task 1 Estimated Cost: $3,200 • Task 2 Estimated Cost: $26,800 • Prepare and provide an AutoCAD drawing of the collected data, line work, and point file. TOTAL ESTIMATED PROJECT COST: $30,000 This proposal is valid until May 31, 2020, and is offered with the following assumptions:  Task 1 deliverables to be provided by May 31, 2021.  Task 3 survey and mapping requirements estimated cost: $600 per intersection quadrant.  Additional services, if required and approved, will be provided at current hourly rates.  COVID-19 restrictions and requirements will be observed on-site. Harmsen, LLC 2021 Billing Rates also attached as requested. Please email or call with any additional requirements. Thank you for your consideration. Sincerely, James B. Smith, PLS, CFedS Vice President C:\Users\JimS\Documents\TEMP\P21-0508 City of MV Task 1_2_3\P21-0508 MVPW Task 1_2_3 Prpsl.doc EVERETT (ASPI) MONROE MOUNT VERNON OAK HARBOR 5205 S. 2nd Avenue, Ste. A 125 East Main Street., Ste. 104 603 South First Street 840 SE 8TH Avenue, Ste. 102 Everett, WA 98203 Monroe, WA 98272 Mount Vernon, WA 98273 Oak Harbor, WA 98277 425-252-1884 360-794-7811 360-336-9199 360-675-5973 www.HarmsenLLC.com PROFESSIONAL SERVICES AGREEMENT - EXHIBIT A PAGE 12 OF 14 HARMSEN, LLC - ON-CALL SURVEYING SERVICES  EXHIBIT B LAND SURVEYING ● LAND USE PLANNING ● CIVIL ENGINEERING BILLING RATES – 2021 Principal – Land Surveyor $175 Senior – Land Surveyor $165 Surveyor (Project Manager) $150 1-person survey field crew $150 2-person survey field crew $210 Survey Tech $130 Principal Engineer $185 Professional Engineer (Project Manager) $170 Engineering Tech $135 Senior Planner $155 Wetland Specialist $150 Administrator $105 Travel $95 Expert Witness $275 Other rates may apply to other specific services. DIRECT PROJECT CHARGES Living and travel expenses, out of area long distance charges, subcontracted services, printing & reproduction expenses, and all other materials & equipment costs are charged at cost, plus 10%. Mileage: IRS rate C:\Users\cherieb\Desktop\Cherie\2021 Billing rate.docx EVERETT (ASPI) MONROE MOUNT VERNON OAK HARBOR 5205 S. 2nd Avenue, Ste. A 125 East Main Street., Ste. 104 603 South First Street 840 SE 8TH Avenue, Ste. 102 Everett, WA 98203 Monroe, WA 98272 Mount Vernon, WA 98273 Oak Harbor, WA 98277 425-252-1884 360-794-7811 360-336-9199 360-675-5973 www.HarmsenLLC.com PROFESSIONAL SERVICES AGREEMENT - EXHIBIT B PAGE 13 OF 14 HARMSEN, LLC - ON-CALL SURVEYING SERVICES  Exhibit C Reimbursable Expenses (None unless subsequently authorized in writing) PROFESSIONAL SERVICES AGREEMENT – EXHIBIT C PAGE 14 OF 14 HARMSEN, LLC – ON-CALL SURVEYING SERVICES March 29, 2021 Re: Consultant Selection Memo – TS‐2021‐008: 2021‐2022 On Call Surveying To Whom it May Concern: A list of consultants was obtained from the MRSC Consultant Roster matching the categories “Land Surveying and Mapping” and “Surveying and Mapping”. The list was narrowed by discussion with other local engineers. The following short list of candidates were selected and solicited for qualifications: Harmsen Inc. 360.336.9199 Jim Smith jims@harmsenllc.com Lisser and Associates 360.419.7442 Bruce Lisser bruce@lisser.com Semrau Engineering and Surveying 360.424.9566 John Semrau john@semrau.com The candidate firms were solicited by email on February 5, 2021 with the attached “Request for Qualifications”. All candidates responded with statements of qualifications by the deadline of February 25, 2021. The candidates’ responses and references were scored by three staff members and rated as shown on the attached score sheet. Harmsen, LLC received the highest score although all three candidates were qualified to perform the work. Jim Smith with Harmsen, LLC was contacted on March 29 and asked to provide a proposal. Attachments: Score sheet Original Request for Qualifications Statements of Qualifications for each consultant Sincerely, Darin Christen, P.E. Senior Engineer City of Mount Vernon Public Works 1024 Cleveland Avenue Mount Vernon, WA 98273  AGENDA ITEM: I DATE: May 12, 2021 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: INTRODUCTION OF AN ORDINANCE GRANTING A FRANCHISE AGREEMENT WITH SKAGITNET RECOMMENDED ACTION: None. Pursuant to state law, no ordinance granting any franchise in a code city may be adopted or passed by the city’s legislative body on the day of its introduction, nor five days thereafter. City staff has asked the agreement be adopted by ordinance at a later date. INTRODUCTION/BACKGROUND: SkagitNet, LLC (“SkagitNet”) is a Washington limited liability company that is owned by the Port of Skagit and the Skagit County Public Utilities District. SkagitNet has requested that the City Council grant it a nonexclusive limited franchise for the use of its streets and other rights of way to provide for a dark fiber optic backbone to its telecommunications network. The franchise area is limited to only rights of way identified on Exhibit A of the agreement allowing telecommunication facilities to be located in order to allow for a fiber optic trunk line consisting of fiber optic cables to connect to SkagitNet’s colocation facility(s) so that it may provide telecommunication services outside the City of Mount Vernon. The franchise agreement is further limited in that it excludes the selling, licensing, leasing or provision of any lit or dark fiber services or connections from SkagitNet Facilities providing telecommunication services within the City of Mount Vernon, with the exception that: i) Public Utility No. 1 of Skagit County may use SkagitNet Facilities to provide internal services to its offices and support to its water system infrastructure located within the City and ii) SkagitNet may lease or otherwise provide connectivity to its fiber optic trunk line to third party wholesalers in order to operate Skagit Net’s colocation facility(ies) if needed to provide telecommunications service outside the City of Mount Vernon. The proposed term is seven years. The City through its City Attorney’s Office and related city departments (Public Works, IS, and Planning) have negotiated a new proposed franchise agreement with SkagitNet for the installation and operation of the fiber backbone in the City’s rights of way. Similar to other telecommunication franchises, the City collects no franchise fee (currently state law pre- empts the city from seeking such fees) from SkagitNet. The City has superior rights to the use of the rights-of-way. The cost of any new construction or maintenance of SkagitNet’s facilities shall be solely at their expense. The City requires SkagitNet to maintain insurance and a franchise bond through the entire period of this agreement. There are unique procedural requirements when a city legislative body approves a franchise. Franchise agreements must be approved through ordinance or resolution. Also, as stated above, Council must wait at least five days after the introduction of the franchise before taking action. Also, franchise agreements must first be submitted to the city attorney before action and requires at least a majority vote of the entire legislative body. FINDINGS/CONCLUSIONS: That approval serves the City’s interest. RECOMMENDATION: Approval. ATTACHED: Franchise Ordinance and agreement with effective date with attachment.