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HomeMy WebLinkAbout06-27-22 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 – Julie APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette OATH OF OFFICE Swearing in of New Councilmember Yvonne Gallardo-Van Ornam Mayor Barb Tolbert / Steve Peiffle INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Cascade District Court Update by Judge Rancourt Introduced by Mayor Barb Tolbert WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Purchase of 3D Laser Scanner for Police Department ATTACHMENT A Staff Presentation: Jonathan Ventura Council Liaison: Michele Blythe 2. Resolution Rejecting Bid Protest Letter to 2022 Utility and Pavement ATTACHMENT B Preservation Bid Award Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 3. Low Bid Award for 2022 Utility and Pavement Preservation ATTACHMENT C Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 4. Resolution to Accept Funds for Housing Action Plan Implementation Grant ATTACHMENT D Staff Presentation: Marc Hayes Council Liaison: Don Vanney Arlington City Council Workshop Monday, June 27, 2022 at 7:00 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. 5. Professional Services Agreement with Otak for Comprehensive Plan ATTACHMENT E Staff Presentation: Marc Hayes Council Liaison: Don Vanney 6. Community and Economic Development Second Quarter Report ATTACHMENT F Staff Presentation: Marc Hayes 7. May Financial Report ATTACHMENT G Staff Presentation: Kristin Garcia ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: June 27, 2022 SUBJECT: Purchase of 3D Laser Scanner for Police Department ATTACHMENTS: Arlington Police Department (APD) Memo, Estimate from Manufacturer (FARO), Resolution DEPARTMENT OF ORIGIN Police Department; Jonathan Ventura, Chief 360-403-4621 EXPENDITURES REQUESTED: Not to Exceed $45,000 BUDGET CATEGORY: Police – Forfeiture Revenues BUDGETED AMOUNT: $0 LEGAL REVIEW: DESCRIPTION: Council is asked to authorize an amendment to the 2021 -2022 budget to accommodate the purchase of a pre-owned 3D laser scanner to assist the police department in investigating serious injury and fatality collisions. This purchase qualifies as a ‘Special Market Conditions’ exception to the competitive bid process requiring an additional resolution. The estimated budget impact in 2022 is $45,000. HISTORY: The Arlington Police Department has recently responded to several substance related fatality collisions, and is experiencing increasing difficulty in obtaining the technical equipment and assistance required to investigate and document these scenes. The current best practices documentation expected by prosecutors for serious injury and fatality collisions requires 3D scanning equipment and software. Traditionally, APD has relied upon the assistance of our partner agencies, specifically WSP, Marysville PD, and the Snohomish County Sheriff’s Office, for this equipment and software. However, in several of our recent incidents, our partner agencies have been unavailable to assist due to staffing challenges. The police department has a unique and special opportunity to acquire a pre-ow ned 3D laser scanner (retail $70,000+) for $45,000, which includes upgraded software, training, and extended warranty. The opportunity to purchase this scanner could be lost if the city followed the traditional purchasing process. ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: Workshop; discussion only. At the July 5, 2022 Council meeting, the recommended motion will be, “I move to approve the resolution affirming an exception to the competitive bid process for purchase of a 3D laser scanner, and authorize the Mayor to sign the resolution, pending legal review by the City Attorney.” 1 of 2 ARLINGTON POLICE DEPARTMENT INTRADEPARTMENTAL MEMORANDUM DATE: June 14, 2022 TO: Paul Ellis, City Administrator FROM: Jonathan Ventura, Chief of Police SUBJECT: Purchase of FARO 3D Scanner ______________________________________________________________________ BACKGROUND: The Arlington Police Department has recently responded to a number of substance related fatality collision and is experiencing increasing difficulty in obtaining the technical equipment and assistance required to investigate and document these scenes. The current best practices documentation expected by prosecutors for serious injury and fatality collisions requires 3D Scanning Equipment and Software. Traditionally APD has relied upon the assistance of our partner agencies, specifically WSP, Marysville PD, and the Snohomish County Sheriff’s Office, for this equipment and software. However, in several of our recent incidents, our partner agencies have been unavailable to assist due to staffing challenges. EQUIPMENT: 3D Scanners and Software process data and produce detailed and scaled maps of collision and crime scenes that offer a 360-degree perspective. These images can be further scaled into diagrams. One officer utilizing a 3D Laser Scanner is capable of recording a scene or roadway in approximately 60% of the time required by four officers using other methods to document the same scene. The result is a substantial increase in accuracy and efficiency. DISCUSSION: APD has evaluated and tested three 3D laser scanners on the market today, the FARO, Trimble, and Leica and recommends the purchase of the FARO. The FARO 3D Laser Scanner is capable of recording and measuring a 70-meter area in roughly 5 minutes 2 of 2 which was significantly less than the other two scanners. The Trimble is not widely used in law enforcement settings and did not meet the needs of the department. The cost of a pre-owned FARO is $54,744.55 ($70,203 Base-Retail) to include upgraded software, onsite training and extended warranties. The estimated cost of the Leica is $78,000, plus the additional cost of upgraded software, onsite training and extended warranties. FINANCIAL INFORMATION: APD’s Drug Seizure, Asset Forfeiture, and Training Budget could be utilized to help purchase a 3D laser scanner for the department. The estimated price of a pre-owned FARO 3D Scanner, Software, Accessories, and Training is approximately $54,744.55. RECOMMENDATION: The Arlington Police Department should seek to acquire a pre-owned FARO 3D Scanner. If the Department is unable to acquire the used system as listed, obtaining a similar system will cost significantly more but should be considered during the biennial budget process for 2023-2024. Estimate FARO Global Headquarters 250 Technology Park Lake Mary, FL 32746, USA Phone: 407-333-9911 Toll Free: 800-736-0234 Fax: 407-333-4181 Estimate Date: Tue, 14 Jun 2022 Prepared for: Jonathan Ventura/Arlington WA PD *Please be aware sales tax and shipping are not included this estimate* Items in Estimate: Part#Desc.Unit Price Qty Totals ACCS-PWR-0014 Power Block $ 580 1 $580 ACCSS8032 Carbon Fiber Tripod $ 1,140 1 $1,140 COMP0123X64 VR Ready Notebook $ 5,320 1 $5,320 SOFTD0900 SCENE $ 6,110 1 $6,110 SOFTL0001 Single User Soft Lock $ 0 1 $0 TR-FZ3-COR FZ Core Training $ 0 1 $0 TR-SCN-POS Free POS FARO Facility Training $ 0 1 $0 LS9-HU FARO Focus Premium USA $ 39,490 1 $39,490   Total Price:$52,640 Optional Items: Part#Desc.Unit Price Qty Totals SOFTD51002 FARO Zone 3D Advanced $ 7,200 1 $7,200 SOFTL0001 Single User Soft Lock $ 0 1 $0 TR-SCN-POS-O Upgrade to onsite training $ 5,203 1 $5,203 SV2-SCNB-Y2 FOCUS Standard Complete Care-Year 2 $ 3,000 1 $3,000 SMA0900-1Y SCENE Maintenance - 1 Year $ 1,180 1 $1,180 SMA51002 FARO Zone 3D Advanced Maint 1Y $ 980 1 $980   Optional Total Price:$17,563 This is a non-binding estimate of software, hardware, and associated services. This estimate does not constitute an agreement, commitment, or oer of sale (expressed or implied) on the part of FARO and should not be relied on for making business decisions. Please contact your FARO representative for a binding quote.   Page 1 FARO Technologies, Inc. 250 Technology Park Lake Mary FL 32746-7115 Phone No: 407-333-9911 Fax No: 407-333-4181 Email: craig.cupo@faro.com Bill To: Arlington Police Department (WA) 238 N Olympic Ave 98223-1337 Arlington, WA USA Ship To: Arlington Police Department (WA) Ventura Jonathan 238 N Olympic Ave 98223-1337 Arlington, WA USA Quotation No:20464915 Quotation Date:06/14/2022 Expiration Date:07/14/2022 Regional Manager:Craig Cupach Account Manager:Craig Cupo Sales Support:Ainel Grana Ship:Standard/Ground Payment Terms:Upon Receipt Delivery Terms:EXW Ex Works Lead Time:2-6 Weeks Tracker Lead Time:10-12 Weeks PO Number: Contact Person:Ventura Jonathan Item No. Description Qty Amount LS-8-M-70 3D_HW_LS_FOCUS_M-70 1 24,020.00 Laser Scanner Focus M 70 ships with: 1x Focus M 70, 1x Quick Release, HDR photography, GPS, compass, altimeter (barometer), dual-axis compensator, 1x Power Block Battery, 1x Battery Power Dock, 1x Power Supply, 1x 32GB SD card and reader, 1x rugged transport case, calibration certificate, manufacturer warranty and a quick start guide. ACCS-PWR-0014 3D_AC_LS_FocusS Battery Power Block 1 580.00 Power Block battery for Focus laser scanner and Freestyle. ACCSS8032 3D_AC_LS_Standard Carbon Fiber Tripod 1 1,140.00 Confidential Remit to: FARO Technologies, Inc. P.O. Box 116908 Atlanta, GA 30368-6908 Page 2 Quote no. 20464915 Item No. Description Qty Amount Carbon fiber tripod, super lightweight, highly stable, low-vibration, customized for Focus scanners for perfect performance and increased durability. COMP0123X64 VR Ready Notebook 1 5,320.00 High-end notebook computer. Contact your FARO representative for current specifications. SOFTD0900 SCENE 1 6,110.00 SCENE. New license. Includes 1-year of standard maintenance. License container sold separately. SOFTL0001 Single User Soft Lock 1 0.00 Soft lock for one single user license. Software licenses purchased separately. Can be used together with FARO SCENE, CAM2, FARO Zone, As-Built, and RevEng Software products. TR-FZ3-COR FZ Core 1 0.00 Two consecutive day, consisting of four-hour virtual classroom training. The FARO Zone 3D Core training is specifically designed to assist new users. TR-SCN-POS Laser Scanner Tr. - FARO Fac. - Inc 1 0.00 Confidential Page 3 Quote no. 20464915 Item No. Description Qty Amount "Available only at point of FARO system sale. Includes training for 2 Trainees. #Three day course at a training facility provided by FARO that discusses FARO Laser Scanner with FARO Software, setup, and basic measurements. Classroom trainings are scheduled on a first come, first served basis. Classes can be cancelled within two weeks of the scheduled date if sufficient enrollment is not met. Training days must be taken together on consecutive days, and cannot be split into individual days." --------------------------------------- Total Unit Price 37,170.00 Shipping & Handling 41.55 --------------------------------------- Total USD 37,211.55 **Note: Taxes on this quote are budgetary estimates and are not binding. Taxes charged will be based on applicable tax rates assessed at the time of final invoice. Signature:______________________________ Print:______________________________ Title:_______________ Date:_________ Accounts Payable Name:________________________________________ Email:________________________________________ Can we send your future invoice(s) to the email address provided (__) No (__) Yes Do you require a PO to process this order (__) No (__) Yes - PO #:_________________________________________ Signature:______________________________ Print:______________________________ Title:_______________ Date:_________ *Any order over $150,000 will need a secondary signature to process your order. Confidential Page 4 Quote no. 20464915 Optional Item Item No. Description Qty Unit Price Discount Amount SOFTD51002 FARO Zone 3D Advanced Digital Download 1 7,200.00 0.00 7,200.00 Advanced version of FARO Zone 3D with the added ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. Digital Download SOFTL0001 Single User Soft Lock 1 0.00 0.00 0.00 Soft lock for one single user license. Software licenses purchased separately. Can be used together with FARO SCENE, CAM2, FARO Zone, As-Built, and RevEng Software products. TR-SCN-POS-O Laser Scanner Tr. - Upg to OnSite 1 5,203.00 0.00 5,203.00 Available only at point of FARO system sale. Customer Site Upgrade - three day course that discusses FARO Scanner with FARO Software, setup, and basic measurements. Customer Site Trainings are designed for up to 4 people to ensure proper transfer of knowledge and understanding. Price per class. Training days must be taken together on consecutive days, and cannot be split into individual days. SV2-SCNB-Y2 FOCUS Standard Complete Care-Year 2 1 3,000.00 0.00 3,000.00 Complete care coverage for Focus Standard scanners. Includes parts and labor for repairs and annual cleaning and calibration. Covers through year 2 from point of sale. Confidential Page 5 Quote no. 20464915 Item No. Description Qty Unit Price Discount Amount SMA0900-1Y SCENE MAINT - 1Y EXT 1 1,180.00 0.00 1,180.00 SCENE. Extends maintenance contract of new license by 1-year. SMA51002 FARO Zone 3D Advanced Maintenance 1 980.00 0.00 980.00 FARO Zone 3D Advanced annual maintenance renewal includes product updates and upgrades (as available), including top tier technical support for one (1) year. Customer must be on the most current software release to purchase this plan. Confidential Page 6 Quote no. 20464915 COVID-19 FARO does not assume any risk for (i) late deliveries of goods, (ii) customers' inability or impracticability to receive or use our devices or software, and for (iii) delivery disruptions, that are due to the COVID-19 pandemic and ensuing government measures (shut downs, lock-downs, quarantines). PURCHASE AGREEMENT AND CONDITIONS OF SALE:As a condition of this agreement, the applicable contract terms are FARO's Standard Terms and Conditions of Sale, or, if the Parties have entered into current master sales terms, such negotiated master terms. The FARO Standard Terms and Conditions can be found at the following Web link (if such is not an active link, please copy and paste the Web address into a Web browser): https://www.faro.com/en/Terms The following article contains all our calibration information under their respective product headings https://knowledge.faro.com/Essentials/Hardware/Compensation_Calibration_and_Certification_Standards_for_FARO_Devices RESOLUTION NO. 2022-XXX 1 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DECLARING THAT THE PURCHASE OF A FARO 3D LASER SCANNER FOR THE ARLINGTON POLICE DEPARTMENT IS A PURCHASE INVOLVING SPECIAL MARKET CONDITIONS AND AUTHORIZING NEGOTIATION WITH THE SUPPLIER OF THE EQUIPMENT WHEREAS, the City of Arlington is obligated to follow competitive bidding statutes except in certain circumstances defined by state law when competitive bidding is not feasible or in the best interests of the city; and WHEREAS, when competitive bidding is not feasible or in the best interests of the City RCW 35.23.352 requires written findings to that effect; and WHEREAS, the City Council of the City of Arlington wishes to make written findings in support of its decision to purchase certain equipment subject to special market conditions; and WHEREAS, certain used equipment has been identified as available for sale that fits the specific needs of the City at a very favorable price and may be sold before the City could complete a formal bidding process; and WHEREAS, RCW 39.04.280(1) provides a “special facilities or market condition” exception from competitive bidding requirements for purchases of materials, supplies, or equipment; and WHEREAS, although the term “special facilities or market condition” is not defined in the statute, the Municipal Research and Services Center (MRSC) has opined that used equipment offered at a very favorable price combined with the risk it could be sold before a county has a chance to complete the bidding process constitutes a special market condition a; and WHEREAS, City staff along with the concurrence of the City Attorney is requesting the City to invoke the “special market conditions” exception to competitive bidding to proceed with the purchase of a used FARO 3D Laser Scanner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: a http://mrsc.org/Home/Explore-Topics/Public-Works/Purchasing-and-Bidding/Purchasing-and-Bidding-for- Washington-State-Local/Purchasing-and-Bidding-Definitions-Exemptions-and.aspx#specialfacilities RESOLUTION NO. 2022-XXX 2 1.Findings. The City Council finds as follows: a.The Arlington Police Department has recently responded to several substa nce related fatality collisions and is experiencing increasing difficulty i n obtaining the technical equipment and assistance require d to investigate and document these scenes. b.The current best practices document ation expected by prosecutors for serious injury and fatality collisions requires 3D Scanning Equipment and Softwa re. c.3D Scanners and Software process data and produce detailed and scaled maps of collision and crime scenes that offer a 360-degree perspective. These images can be further scaled into diagrams. One officer utilizing a 3D Laser Scanner is capable of recording a scene or roadway in approximately 60% of the time required by four officers using other methods t o document the same scene. The result is a substantial increase in accuracy and efficiency. d.Traditionally, the Arlington Police Department has relied upon the assistance of our partner agencies, specifically the Washington State Patrol, Ma rysville Police Department, and the Snohomish County Sheriff’s Office, for this equipment and software. e.However, in several recent incidents requiring this technology, Arlington’s partner agencies have been unavailable to assist due to staffing challenges. f.The Arlington Police Department has a unique and special opportunity to acquire a pre-owned FARO Focus M70 3D Laser Scanner, which normally retails for approximately $70,000 for $45,000 to include upgraded software, training and extended warranty. g.The opportunity to purchase this scanner could be l ost if the city followed the traditional purchasing process. 2.Based on the foregoing findings, the City Council hereby declares that the proposed purchase of the FARO 3D Scanner is a purchase involving special market conditions within the meaning of RCW 39.04.280 and the City’s financial policies. Pursuant to RCW 39.04.280(1)(b) competitive bidding shall be waived and City staff is hereby authorized to negotiate with FARO Technologies of Lake Mary, Florida, for the purchase of the equipment at the estimated total cost of $45,000. APPROVED by the Mayor and City Council of the City of Arlington this 5th day of July, 2022. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor RESOLUTION NO. 2022-XXX 3 ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #2 Attachment B COUNCIL MEETING DATE: June 27, 2022 SUBJECT: Resolution Rejecting Bid Protest letter to 2022 Utility and Pavement Preservation Bid Award ATTACHMENTS: Protest Letter and Resolution DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Council is being asked to approve a resolution rejecting a bid challenge by SRV Construction, Inc. to the 2022 Utility and Pavement Preservation Project bid. HISTORY: The 2022 Utility and Pavement Preservation Project was advertised for bid in early June; bids were opened on June 16, and Reece Construction Company was determined to be the qualified low bidder. SRV Construction Inc. submitted a bid protest against the Reece bid. The bid protest letter was reviewed by the City Attorney, and it was determined that there was insufficient justification to warrant rejection of the Reece Construction Company bid. Reece Construction Company submitted the lowest qualified bid. The Utility and Pavement Preservation Bid submitted by Reece Construction, and find Reece Construction City of Arlington June 21, 2022 Public Works Department 154 West Cox Arlington, WA 98223 ltaylor@arlingtonwa.gov Attn.: Linda Taylor Re.: 2022 Utility and Pavement Preservation Project #P02.518 Notice of Bid Protest Dear Mr. Kelly, With regard to the project that bid Thursday, June 16, 2022, we respectfully request that the apparent low bidder, Reece Construction Company, be rejected as the Bid Proposal they submitted is non-responsive as required by the RCW 39.30.060 included by reference in the Contract Documents. As you are aware, this project was advertised over $1 million dollars and is subject to the Subcontractor Listing Statute requirements of RCW 39.30.060 as follows: “Every invitation to bid on a prime contract that is expected to cost $1,000,000 or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016 shall require each prime contract bidder to submit: (a) Within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work; and (b) Within 48 hours after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of structural steel installation and rebar installation. (2) The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void. Resolution No. 2022-XXX 1 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY OF ARLINGTON REJECTING A BID CHALLENGE BY SRV CONSTRUCTION, INC. AND FINDING REECE CONSTRUCTION COMPANY TO BE THE APPARENT LOW BIDDER FOR THE 2022 UTILITY AND PAVEMENT PRESERVATION PROJECT WHEREAS, the City of Arlington solicited bids for a project known as the 2022 Utility and Pavement Preservation Project (hereinafter the “Project”) and bids were opened on June 16, 2022; and WHEREAS, SRV was emailed copies of the bid documents on June 16, 2022 at 2:33 p.m. pursuant to RCW 39.04.105; and WHEREAS a bid protest was emailed to the City on June 21, 2022 at 4:24 p.m. by SRV Construction, Inc., relating to the apparent low bid of Reece Construction Company; and WHEREAS, the bid protest was therefore received more than 48 hours following the provision of the bid documents to SRV; and WHEREAS, the bid documents reserved the right of the City to waive any and all irregularities in the bids; and WHEREAS, the City Council wishes to reject the bid protest by SRV Construction, Inc. and waive the irregularities in the bid, if any, submitted by Reece Construction Company within the terms of the bid documents and the meaning of RCW 35.23.352; NOW, THEREFORE, the City Council of the City of Arlington, Washington do hereby resolve as follows: 1. The City Council finds as follows: a. The City of Arlington has sought qualified contractors to bid on the Project. b. Reece Construction Company submitted the apparent low bid on the Project and has been determined to be the Qualified Low Bidder. c. RCW 39.30.060(1) expressly requires that on public works projects in excess of one million dollars, proposed HVAC, plumbing, and electrical subcontractors must be listed or identified or the contractor shall name itself for the work within one hour of the bid submittal deadline. d. RCW 39.30.060(1) also requires that the contractor list the names of any structural steel or rebar installation subcontractors with whom they intend to contract within 48 hours of the requested bid submittal time. e. The purpose of RCW 39.30.060 is to avoid bid shopping following the award of a contract. Resolution No. 2022-XXX 2 f. The Project calls for no HVAC, electrical, plumbing, steel installation, or rebar installation. g Reece Construction Company complied fully with identifying itself or any subcontractors as required by RCW 39.30.060(1), and there are no subcontractors who will contract with Reece Construction Company for rebar or structural steel installation as the prime contract bidder, so Reece has complied with RCW 39.30.060(4). h. The bid documents also clearly indicate that “The City of Arlington expressly reserves the right to reject any and all bids, to waive minor irregularities or informalities, and to further make award of the project to the lowest responsible Bidder as it best serves the interest of the City of Arlington.” i. The City Council finds that the low bid of Reece Construction Company is lower than the other bidders, that Reece Construction complied with the requirements of RCW 39.30.060, and that it is in the best interests of the City and the taxpayers to accept the low bid and waive the irregularities in the bid, if any exist. l. The City Council finds that the irregularity, if any, in the Reece Construction Company bid is not a failure which provides Reece Construction Company with a substantial advantage over other bidders. 2. Based on the foregoing findings, the City Council hereby declares that the bid submitted by Reece Construction Company for the 2022 Utility Improvement & Pavement Preservation Project is hereby accepted, that any irregularities therein are waived, and Reece Construction Company is declared to be the Qualified Low Bidder for purposes of awarding the bid on that project. 3. The City hereby notifies SRV Construction, Inc. of its intention to enter into a contract with Reece Construction Company, as required by RCW 39.04.105. APPROVED by the Mayor and City Council of the City of Arlington this 5th day of July, 2022. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor ATTEST: ________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: June 27, 2022 SUBJECT: Low Bid award for the 2022 Utility Improvement and Pavement Preservation (UPP) Project ATTACHMENTS: Certified 2022 UPP Bid Tabulation DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $2,919,092.37 BUDGET CATEGORY: TBD and Water Capital Funds BUDGETED AMOUNT: $2,700,000 budgeted 2022 LEGAL REVIEW: DESCRIPTION: Review of bid tabulation for the 2022 Utility Improvement and Pavement Preservation Project. HISTORY: The City has a planned and budgeted capital improvement project for 2022 for the replacement of aged and failing water infrastructure, and to resurface roads in the same streets where utility improvements occur. The roads that are resurfaced are the ones listed in the TBD Pavement Preservation Plan. The utility capital improvements and pavement preservation for year 2022 were advertised for bid in early June and bids were opened on June 16. The list of bids received is attached with the certified low Workshop; discussion only. At the July 5, 2022 council meeting the recommended motion will be, “I move to award the 2022 Utility Improvement and Pavement Preservation Project to Reece Construction Company in the amount of $ 2,919,092.37, and authorize the Mayor to sign the Construction Contract, subject to final review by the City Attorney." Item  No. DESCRIPTION Approx.  Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Bid Schedule A: Utility Improvements A‐1 MOBILIZATION / DEMOBILIZATION (10%)1 LS 220,000.00$        220,000.00$          54,000.00$          54,000.00$             135,000.00$        135,000.00$          120,000.00$        120,000.00$         160,000.00$        160,000.00$          A‐2 RECORD DRAWINGS 1 LS 2,000.00$            2,000.00$               2,500.00$            2,500.00$               2,000.00$            2,000.00$              2,000.00$            2,000.00$              2,000.00$            2,000.00$               A‐3 SPCC PLAN 1 LS 3,000.00$            3,000.00$               700.00$               700.00$ 300.00$               300.00$ 1,000.00$            1,000.00$              1,000.00$            1,000.00$               A‐4 UNFORSEEN CONDITIONS FORCE ACCOUNT 1 EST 50,000.00$          50,000.00$             50,000.00$          50,000.00$             50,000.00$          50,000.00$            50,000.00$          50,000.00$            50,000.00$          50,000.00$             A‐5 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS 160,000.00$        160,000.00$          116,000.00$        116,000.00$          224,000.00$        224,000.00$          93,400.00$          93,400.00$            270,000.00$        270,000.00$          A‐6 REMOVING WATER METER 31 EA 160.00$               4,960.00$               450.00$               13,950.00$             100.00$               3,100.00$              60.00$ 1,860.00$              420.00$               13,020.00$             A‐7 REMOVING ASPHALT CONC. PAVEMENT 3,700 SY 20.00$ 74,000.00$             11.00$ 40,700.00$             9.70$ 35,890.00$            7.50$ 27,750.00$            17.00$ 62,900.00$             A‐8 SHORING OR EXTRA EXCAVATION CLASS A 1 LS 7,000.00$            7,000.00$               2,500.00$            2,500.00$               3,000.00$            3,000.00$              5,000.00$            5,000.00$              5,000.00$            5,000.00$               A‐9 CRUSHED SURFACING TOP COURSE 50 TON 60.00$ 3,000.00$               78.00$ 3,900.00$               68.50$ 3,425.00$              50.00$ 2,500.00$              150.00$               7,500.00$               A‐10 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 58H‐22 500 TON 160.00$               80,000.00$             116.00$               58,000.00$             193.00$               96,500.00$            225.00$               112,500.00$         215.00$               107,500.00$          A‐11 HMA CL. 1/2 IN. PG 58H‐22 1,000 TON 140.00$               140,000.00$          114.00$               114,000.00$          160.00$               160,000.00$          144.00$               144,000.00$         155.00$               155,000.00$          A‐12 HIGH FRICTION SURFACE TREATMENT 3,000 SY 38.00$ 114,000.00$          70.00$ 210,000.00$          62.50$ 187,500.00$          76.50$ 229,500.00$         60.00$ 180,000.00$          A‐13 PLANNING BIT LUMINOUS PAVEMENT 8,500 SY 9.00$ 76,500.00$             2.50$ 21,250.00$             2.50$ 21,250.00$            6.50$ 55,250.00$            5.25$ 44,625.00$             A‐14 ADJUST MANHOLE 2 EA 1,100.00$            2,200.00$               1,100.00$            2,200.00$               1,000.00$            2,000.00$              750.00$               1,500.00$              950.00$               1,900.00$               A‐15 HDPE PIPE FOR WATER MAIN 2" DIAM.40 LF 130.00$               5,200.00$               55.00$ 2,200.00$               70.00$ 2,800.00$              75.00$ 3,000.00$              115.00$               4,600.00$               A‐16 DUCTILE IRON PIPE FOR WATER MAIN 4" DIAM.10 LF 130.00$               1,300.00$               36.00$ 360.00$ 164.00$               1,640.00$              137.25$               1,372.50$              225.00$               2,250.00$               A‐17 DUCTILE IRON PIPE FOR WATER MAIN 6" DIAM.30 LF 145.00$               4,350.00$               27.00$ 810.00$ 108.00$               3,240.00$              132.25$               3,967.50$              225.00$               6,750.00$               A‐18 DUCTILE IRON PIPE FOR WATER MAIN 8" DIAM.450 LF 145.00$               65,250.00$             245.00$               110,250.00$          139.00$               62,550.00$            137.25$               61,762.50$            240.00$               108,000.00$          A‐19 DUCTILE IRON PIPE FOR WATER MAIN 10" DIAM.30 LF 160.00$               4,800.00$               259.00$               7,770.00$               156.00$               4,680.00$              152.40$               4,572.00$              235.00$               7,050.00$               A‐20 DUCTILE IRON PIPE FOR WATER MAIN 12" DIAM.5,700 LF 175.00$               997,500.00$          157.00$               894,900.00$          133.50$               760,950.00$          162.75$               927,675.00$         235.00$               1,339,500.00$       A‐21 CONNECTION TO EXISTING WATER MAIN 14 EA 5,000.00$            70,000.00$             6,100.00$            85,400.00$             3,000.00$            42,000.00$            3,000.00$            42,000.00$            7,500.00$            105,000.00$          A‐22 REUSE OF NATIVE BACKFLILL 6,210 LF ‐$ ‐$ (7.00)$ (43,470.00)$           (12.50)$                (77,625.00)$           (5.00)$ (31,050.00)$          (21.00)$                (130,410.00)$         A‐23 GATE VALVE 6 IN.1 EA 1,600.00$            1,600.00$               1,750.00$            1,750.00$               2,100.00$            2,100.00$              1,500.00$            1,500.00$              2,500.00$            2,500.00$               A‐24 GATE VALVE 8 IN.10 EA 2,000.00$            20,000.00$             2,100.00$            21,000.00$             2,600.00$            26,000.00$            1,900.00$            19,000.00$            3,100.00$            31,000.00$             A‐25 GATE VALVE 10 IN.1 EA 2,700.00$            2,700.00$               3,100.00$            3,100.00$               3,600.00$            3,600.00$              2,875.00$            2,875.00$              4,500.00$            4,500.00$               A‐26 GATE VALVE 12 IN.22 EA 3,400.00$            74,800.00$             3,600.00$            79,200.00$             4,200.00$            92,400.00$            3,436.00$            75,592.00$            5,000.00$            110,000.00$          A‐27 1 IN. COMBINATION AIR VALVE ASSEMBLY 2 EA 4,000.00$            8,000.00$               1,100.00$            2,200.00$               3,350.00$            6,700.00$              3,650.00$            7,300.00$              6,000.00$            12,000.00$             A‐28 HYDRANT ASSEMBLY 8 EA 8,800.00$            70,400.00$             10,000.00$          80,000.00$             8,800.00$            70,400.00$            7,800.00$            62,400.00$            9,000.00$            72,000.00$             A‐29 SERVICE CONNECTION 5/8 IN. DIAM. (LONG SIDE)10 EA 2,250.00$            22,500.00$             3,500.00$            35,000.00$             2,320.00$            23,200.00$            2,233.00$            22,330.00$            3,300.00$            33,000.00$             A‐30 SERVICE CONNECTION 5/8 IN. DIAM. (SHORT SIDE)21 EA 2,100.00$            44,100.00$             2,700.00$            56,700.00$             2,025.00$            42,525.00$            2,233.00$            46,893.00$            1,850.00$            38,850.00$             A‐31 EROSION CONTROL AND WATER POLLUTIION CONTRL. 1 LS 18,000.00$          18,000.00$             10,500.00$          10,500.00$             25,000.00$          25,000.00$            2,500.00$            2,500.00$              12,000.00$          12,000.00$             A‐32 ADJUST SEWER CLEANOUT 2 EA 750.00$               1,500.00$               810.00$               1,620.00$               875.00$               1,750.00$              550.00$               1,100.00$              850.00$               1,700.00$               A‐33 ADJUST MONUMENT CASE AND COVER 2 EA 3,000.00$            6,000.00$               810.00$               1,620.00$               875.00$               1,750.00$              550.00$               1,100.00$              1,500.00$            3,000.00$               A‐34 MAILBOX SUPPORT, TYPE 1 2 EA 1,500.00$            3,000.00$               850.00$               1,700.00$               850.00$               1,700.00$              500.00$               1,000.00$              750.00$               1,500.00$               A‐35 PERMANENT STRIPING 1 LS 5,000.00$            5,000.00$               1,700.00$            1,700.00$               1,000.00$            1,000.00$              2,500.00$            2,500.00$              250.00$               250.00$                  A‐36 PAINT LINE 21,700 LF 2.00$ 43,400.00$             0.50$ 10,850.00$             0.55$ 11,935.00$            0.64$ 13,888.00$            0.60$ 13,020.00$             A‐37 PLASTIC STOP LINE 50 LF 10.00$ 500.00$ 12.50$ 625.00$ 13.00$ 650.00$ 13.20$ 660.00$                 15.00$ 750.00$                  A‐38 REMOVING PLASTIC LINE 45 LF 3.00$ 135.00$ 5.75$ 258.75$ 6.00$ 270.00$ 13.20$ 594.00$                 7.00$ 315.00$                  A‐39 RAISED PAVEMENT MARKER TYPE 1 3 HUND 750.00$               2,250.00$               565.00$               1,695.00$               600.00$               1,800.00$              726.00$               2,178.00$              650.00$               1,950.00$               A‐40 RAISED PAVEMENT MARKER TYPE 2 1 HUND 800.00$               800.00$ 791.00$               791.00$ 820.00$               820.00$ 792.00$               792.00$                 850.00$               850.00$                  SRV Construction D & G Backhoe Granite Construction 2022 Utility Improvement & Pavement Preservation  Project Engineer's Estimate Apparent Low Bidder              Reece Construction June 16, 2022 Subtotal 2,409,745.00$       Subtotal 2,058,229.75$       Subtotal 2,037,800.00$       Subtotal 2,123,761.50$      Subtotal 2,842,370.00$       Tax 9.3%224,106.29$          Tax 9.3%191,415.37$          Tax 9.3%189,515.40$          Tax 9.3%197,509.82$         Tax 9.3%264,340.41$          Total 2,633,851.29$       Total 2,249,645.12$       Total 2,227,315.40$       Total 2,321,271.32$      Total 3,106,710.41$       Bid Schedule B: Pavement Preservation PAVEMENT PREPARATION B‐1 MOBILIZATION/DEMOBILIZATION (10%)1 LS 70,000.00$          70,000.00$             54,000.00$          54,000.00$             56,000.00$          56,000.00$            60,600.00$          60,600.00$            60,000.00$          60,000.00$             B‐2 INLET PROTECTION 16 EA 100.00$               1,600.00$               200.00$               3,200.00$               87.00$ 1,392.00$              90.00$ 1,440.00$              135.00$               2,160.00$               B‐3 ROADWAY REMOVAL AND GRADING 11,300 SY 9.00$ 101,700.00$          10.00$ 113,000.00$          5.00$ 56,500.00$            8.65$ 97,745.00$            11.00$ 124,300.00$          B‐4 CRACK SEALING FA 1 EST 5,500.00$            5,500.00$               5,500.00$            5,500.00$               5,500.00$            5,500.00$              5,500.00$            5,500.00$              5,500.00$            5,500.00$               B‐5 REMOVING CEMENT CONC. CURB AND GUTTER 180 LF 30.00$ 5,400.00$               45.00$ 8,100.00$               8.00$ 1,440.00$              23.00$ 4,140.00$              15.00$ 2,700.00$               B‐6 REMOVING DRAINAGE STRUCTURE 2 EA 850.00$               1,700.00$               1,050.00$            2,100.00$               1,100.00$            2,200.00$              1,725.00$            3,450.00$              650.00$               1,300.00$               B‐7 REMOVING VALVE BOX 1 EA 600.00$               600.00$ 1,050.00$            1,050.00$               700.00$               700.00$ 750.00$               750.00$                 350.00$               350.00$                  B‐8 REMOVING CEMENT CONC. SIDEWALK 3 SY 55.00$ 165.00$ 312.00$               936.00$ 155.00$               465.00$ 575.00$               1,725.00$              350.00$               1,050.00$               PAVEMENT B‐9 HMA CL. 1/2 IN. PG 58H‐22 2600 TON 140.00$               364,000.00$          118.00$               306,800.00$          148.50$               386,100.00$          144.00$               374,400.00$         140.00$               364,000.00$          B‐10 CEMENT CONC. TRAFFIC CURB AND GUTTER 200 LF 75.00$ 15,000.00$             50.00$ 10,000.00$             44.00$ 8,800.00$              46.00$ 9,200.00$              45.00$ 9,000.00$               B‐11 CRUSHED SURFACING BASE COURSE 1200 TON 45.00$ 54,000.00$             33.00$ 39,600.00$             41.25$ 49,500.00$            1.00$ 1,200.00$              45.00$ 54,000.00$             B‐12 CRUSHED SURFACING TOP COURSE 5 TON 60.00$ 300.00$ 33.00$ 165.00$ 183.00$               915.00$ 115.00$               575.00$                 250.00$               1,250.00$               B‐13 CEMENT CONC. SIDEWALK 3 SY 180.00$               540.00$ 75.00$ 225.00$ 500.00$               1,500.00$              690.00$               2,070.00$              500.00$               1,500.00$               TRAFFIC B‐14 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS 56,000.00$          56,000.00$             34,500.00$          34,500.00$             34,000.00$          34,000.00$            50,600.00$          50,600.00$            75,000.00$          75,000.00$             B‐15 PAINT LINE 750 LF 2.00$ 1,500.00$               0.50$ 375.00$ 0.60$ 450.00$ 1.32$ 990.00$                 1.00$ 750.00$                  B‐16 PLASTIC CROSSWALK LINE 1200 SF 10.00$ 12,000.00$             7.00$ 8,400.00$               7.00$ 8,400.00$              7.50$ 9,000.00$              7.50$ 9,000.00$               B‐17 PLASTIC STOP LINE 250 LF 10.00$ 2,500.00$               12.50$ 3,125.00$               13.00$ 3,250.00$              11.50$ 2,875.00$              15.00$ 3,750.00$               B‐18 REMOVING PLASTIC CROSSWALK LINE 305 SF 7.00$ 2,135.00$               3.50$ 1,067.50$               3.50$ 1,067.50$              12.65$ 3,858.25$              4.00$ 1,220.00$               B‐19 REMOVING PLASTIC LINE 105 LF 3.00$ 315.00$ 5.75$ 603.75$ 6.00$ 630.00$ 10.35$ 1,086.75$              9.00$ 945.00$                  STRUCTURE ADJUSTMENT  B‐20 ADJUST MANHOLE 8 EA 1,100.00$            8,800.00$               1,250.00$            10,000.00$             1,350.00$            10,800.00$            575.00$               4,600.00$              900.00$               7,200.00$               B‐21 ADJUST VALVE BOX 4 EA 700.00$               2,800.00$               900.00$               3,600.00$               900.00$               3,600.00$              575.00$               2,300.00$              600.00$               2,400.00$               B‐22 LOCKING SOLID METAL COVER AND FRAME FOR MH 8 EA 900.00$               7,200.00$               450.00$               3,600.00$               1,200.00$            9,600.00$              1,610.00$            12,880.00$            900.00$               7,200.00$               B‐23 CATCH BASIN TYPE 1 2 EA 2,100.00$            4,200.00$               3,000.00$            6,000.00$               2,600.00$            5,200.00$              2,875.00$            5,750.00$              3,000.00$            6,000.00$               B‐24 RECONNECT EXISITNG SYSTEM TO NEW STRUCTURE 2 EA 1,250.00$            2,500.00$               1,100.00$            2,200.00$               875.00$               1,750.00$              1,725.00$            3,450.00$              1,000.00$            2,000.00$               OTHER B‐25 UNFORESEEN CONDITIONS FORCE ACCOUNT 1 EST 40,000.00$          40,000.00$             40,000.00$          40,000.00$             40,000.00$          40,000.00$            40,000.00$          40,000.00$            40,000.00$          40,000.00$             B‐26 SPCC PLAN 1 LS 1,000.00$            1,000.00$               800.00$               800.00$ 300.00$               300.00$ 1,000.00$            1,000.00$              1,000.00$            1,000.00$               B‐27 TRIMMING AND CLEANUP 1 LS 5,000.00$            5,000.00$               10,500.00$          10,500.00$             14,000.00$          14,000.00$            10,000.00$          10,000.00$            7,500.00$            7,500.00$               Subtotal 766,455.00$          Subtotal 669,447.25$          Subtotal 704,059.50$          Subtotal 711,185.00$         791,075.00$          Tax 9.3%N/A Tax 9.3%N/A Tax 9.3%N/A Tax 9.3%N/A Tax 9.3%N/A Total 766,455.00$          Total 669,447.25$          Total 704,059.50$          Total 711,185.00$         791,075.00$          2,919,092.37$       2,931,374.90$       3,032,456.32$      3,897,785.41$       City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: June 27, 2022 SUBJECT: Acceptance of grant funds from Department of Commerce ATTACHMENTS: Resolution, Letter of Award DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: A resolution accepting funds from the WA Department of Commerce, for its Housing Action Plan Implementation (HAPI) grant. HISTORY: In 2021 the City created and adopted its Housing Action Plan, with grant funds from Commerce to address elements of E2SHB 1923, related to residential building capacity. This new grant funding will enable the City to implement certain action items identified in the Housing Action Plan. ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: Workshop; discussion only. At the July 5, 2022 Council meeting, the recommended motion will be, “I move to accept the available grant funding of $100,000.00, from the Department of Commerce, and authorize the Mayor to sign the resolution, and sign the contract for planning work related to Housing Action Plan Implementation.” RESOLUTION NO. 2022–XXX A RESOLUTION OF THE CITY OF ARLINGTON AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE DEPARTMENT OF COMMERCE FOR PLANNING WORK RELATED TO ELEMENTS OF ITS HOUSING ACTION PLAN IMPLEMENTATION (HAPI) TO INCREASE RESIDENTIAL BUILDING CAPACITY, WITHIN THE CITY WHEREAS, the City of Arlington adopted a Housing Action Plan in 2021 to address elements of E2SHB 1923, related to residential building capacity; and WHEREAS, the Department of Commerce is awarding grants to cities to complete planning efforts and implement the work produced through these planning efforts; and WHEREAS, the Department of Commerce has offered to award a grant in the amount of $100,000.00 to the City of Arlington to adopt and implement certain elements of the city’s Housing Action Plan, as specified in the contract; and WHEREAS, the City of Arlington considers it in the best public interest to accept the available grant funding for the Housing Action Plan Implementation planning efforts in support of E2SHB 1923; and NOW, THEREFORE, the City Council of the City of Arlington Washington do hereby resolve as follows: 1. That the Mayor be authorized to accept the grant funding offered by the Washington State Department of Commerce, in the amount of $100,000.00, for the above noted planning efforts. APPROVED by the Mayor and City Council of the City of Arlington this 5th day of July, 2022. CITY OF ARLINGTON __________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504 -2525  (360) 725 -4000 www.commerce.wa.gov May 12, 2022 City of Arlington 238 N Olympic Ave Arlington, WA 98223 Delivered via Email to btolbert@arlingtonwa.gov RE: Housing Action Plan and Implementation Grant – Increasing Residential Building Capacity Greetings: I am pleased to inform you that the City of Arlington has been awarded $100,000 in grant funds for the 2021-23 Biennium to assist with increasing urban residential building capacity and streamlining regulations. The Washington State Legislature created this grant program under Engrossed Second Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), and appropriated funding in the 2021 legislative session. This funding supports cities as they study their housing needs and develop strategies to meet those needs with a Housing Action Plan (HAP), or implement housing strategies of an adopted HAP or comparable housing study to increase housing capacity. This grant will be administered by the Washington Department of Commerce, Growth Management Services (GMS) unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget will need to be executed between your organization and the Department of Commerce. Your scope of work and budget under this grant must be consistent with the scope of work and budget included in your grant application or as adjusted with Commerce staff. Funds may be retroactively applied to project costs related to your grant scope of work, beginning July 1, 2021, the beginning of the 2021-23 Biennium. Laura Hodgson, Senior Planner, will be in touch with you to develop the contract and answer any questions you may have. Laura can be reached at laura.hodgson@commerce.wa.gov . Sincerely, Dave Andersen, AICP Managing Director Growth Management Services cc: Marc Hayes, Director Community and Economic Development Raelynn Jones, Permit Technician 1 Kirsten Larse n, Senior Planner Anne Fritzel, Housing Programs Manager City of Arlington Council Agenda Bill Item: WS #5 Attachment E The structure of this 2024 comprehensive plan will be significantly different than our existing plan, which was originally adopted in 1995, and only updated with the most current statistical data during required periodic updates, but never changing the underlying goals. Staff solicited for a consultant firm that could provide Arlington with an updated comprehensive plan that has a user friendly “living” document, to be utilized for decision making on a constant basis. This plan will also provide for a clearly illustrated vision forward into the next 20-year planning horizon, and beyond. We believe that Otak will provide us with such a document. This process will involve copious amounts of public participation, as well as frequent and ongoing participation between Staff, City Page 1 of 11 Personal/Professional SA (Rev 2022.02.01) PERSONAL/PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: 2024 COMPREHENSIVE PLAN UPDATE PROJECT NO: P02.533 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 OTAK, Inc., 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, Project Budget Table and Exhibit B, Hourly Rates Reference, Exhibit C, Schedule attached hereto and incorporated herein (the "Project"). 2. TERM The Project shall begin on May 23, 2022, and shall be completed no later than May 1, 2024 unless sooner terminated according to the provisions herein. 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: _Marc Hayes, Amy Rusko, Raelynn Jones, Kristin Garcia________________________________ 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: 4.3.1 SERVICE PROVIDER shall submit monthly invoices detailing work performed and expenses for which reimbursement is sought. Page 2 of 11 Personal/Professional SA (Rev 2022.02.01) 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:  Fixed Sum: A total amount of not to exceed $ 390,000.00 as contained in Exhibit A. Hourly rates referenced in Exhibit B. 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. 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. Page 3 of 11 Personal/Professional SA (Rev 2022.02.01) 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, it 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 SERIVCE 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 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 Page 4 of 11 Personal/Professional SA (Rev 2022.02.01) 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 Minimun 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. 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 i 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. Page 5 of 11 Personal/Professional SA (Rev 2022.02.01) 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 endorsedto 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. 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. Page 6 of 11 Personal/Professional SA (Rev 2022.02.01) 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. 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 Page 7 of 11 Personal/Professional SA (Rev 2022.02.01) 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 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 Page 8 of 11 Personal/Professional SA (Rev 2022.02.01) 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 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: Community & Economic Development Director mhayes@arlingtonwa.gov 360-403-3457 Principal and Senior Project Manager Mandi.roberts@otak.com 425-822-4446 Page 9 of 11 Personal/Professional SA (Rev 2022.02.01) 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. 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 10 of 11 Personal/Professional SA (Rev 2022.02.01) 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. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. SERVICE PROVIDER: ____________________________________ Service Provider Authorized Representative Signature ____________________________________ (Print) _______________________________________________________ Title _____________________________________ City Authorized Representative Signature _____________________________________ (Print) _____________________________________ Title City of Arlington Comprehensive Plan Update—Project Budget Table Otak, Inc., May 2022 Phases/Tasks Subtotals 1.0 Initiate Planning Process, Review Background, Existing Conditions, and Trends, and Confirm Vision 1.1 Project Kick-Off, Work Plan, Engagement Plan, and Ongoing Check-Ins $98,000 1.2 Graphic Design Templates and Styles 1.3 Existing Conditions/Relevant Plans and Policies Review/GIS Framework 1.4 Demographic/Socioeconomic (Population, Housing, Employment) 1.5 Update the Existing Housing Action Plan 1.6 Phase 1 Engagement (Confirm Vision), SEPA Scoping, and Reporting 2.0 Develop Policy Framework and Develop and Analyze Planning Scenarios/Alternatives 2.1 Revise and Expand Goals, Policies, and Strategies $102,000 2.2 Develop and Analyze Land Use Scenarios/Alternatives 2.3 Identify Economic and Land Use Barriers in Smokey Point & Old Town 2.4 Identify UGA Expansion Options for Residential, Employment, M/I 2.5 Phase 2 Engagement (Scenarios/Alternatives; Final Scoping) 2.6 Evaluate Alternatives/Scenarios, Select Preferred, and Reporting 3.0 Full Draft Comprehensive Plan and Environmental Review 3.1 Develop Draft Elements of Comprehensive Plan/Integrate Smokey Point $130,000 3.2 Prepare Capital Facilities Plan (20- and 6-Year Projects/Prioritized) 3.3 Identify SEPA Compliance Pathway/ Conduct Environmental Review 3.4 Phase 3 Engagement (Public and Agency Review of Draft Plan) 4.0 Final Comprehensive Plan, Adoption, and Implementation Support 4.1 Finalize Comprehensive Plan $60,000 4.2 Review/Audit Zoning/Development Regulations/Recommendations 4.3 Phase 4 Engagement/Support Adoption Process/Presentations TOTAL PROJECT BUDGET (LABOR & EXPENSES) $390,000 EXHIBIT A 26 | C I T Y O F A R L I N G T O N PHASES / TASKS Otak EI LCG SUBTOTALS 1.0—Initiate Planning Process, Review Background, Existing Conditions, and Trends, and Confirm Vision 1.1 Project Kick-Off, Work Plan, Engagement Plan, and Ongoing Check-Ins $6,400 $2,500 $2,400 $11,300 1.2 Graphic Design Templates and Styles $3,200 $450 $600 $4,250 1.3 Existing Conditions/Relevant Plans and Policies Review/GIS Framework $9,600 $7,500 $300 $17,400 1.4 Demographic/Socioeconomic (Population, Housing, Employment)$2,400 $16,500 $300 $19,200 1.5 Update the Existing Housing Action Plan $5,600 $16,200 $300 $22,100 1.6 Phase 1 Engagement (Confirm Vision), SEPA Scoping, and Reporting $7,800 $3,200 $12,600 $23,600 Subtotals $35,000 $46,350 $16,500 $97,850 2.0—Develop Policy Framework and Develop and Analyze Planning Scenarios/Alternatives 2.1 Revise and Expand Goals, Policies, and Strategies $5,600 $2,400 $600 $8,600 2.2 Develop and Analyze Land Use Scenarios/Alternatives $28,800 $2,400 $300 $31,500 2.3 Identify Economic and Land Use Barriers in Smokey Point and Old Town $2,400 $12,500 $300 $15,200 2.4 Identify UGA Expansion Options for Residential, Employment, M/I $3,600 $2,400 $300 $6,300 2.5 Phase 2 Engagement (Scenarios/Alternatives; Final Scoping)$9,600 $3,200 $12,600 $25,400 2.6 Evaluate Alternatives/Scenarios, Select Preferred, and Reporting $10,400 $3,200 $300 $13,900 Subtotals $60,400 $26,100 $14,400 $100,900 3.0—Full Draft Comprehensive Plan and Environmental Review 3.1 Develop Draft Elements of Comprehensive Plan/Integrate Smokey Point $24,800 $3,200 $300 $28,300 3.2 Prepare Capital Facilities Plan (20- and 6-Year Projects/Prioritized)$22,400 $7,200 $300 $29,900 3.3 Identify SEPA Compliance Pathway/Conduct Environmental Review *$8,600 $3,200 $300 $12,100 3.4 Phase 3 Engagement (Public and Agency Review of Draft Plan)$2,400 $450 $9,000 $11,850 Subtotals $58,200 $14,050 $9,900 $82,150 4.0—Final Comprehensive Plan, Adoption, and Implementation Support 4.1 Finalize Comprehensive Plan *$4,800 $2,400 $300 $7,500 4.2 Review/Audit Zoning/Development Regulations/Recommendations $22,400 $3,200 $300 $25,900 4.3 Phase 4 Engagement/Support Adoption Process/Presentations $3,200 $1,800 $600 $5,600 Subtotals $30,400 $7,400 $1,200 $39,000 Totals Per Firm and Baseline Budget (Labor and Expenses)$184,000 $93,900 $42,000 $319,900 *If the SEPA threshold determination confirms that a full SEIS or EIS is required, Tasks 3.3 and 4.1 would require additional budget through an amendment to the contract, estimated at up to an additional $70,000 depending on the complexity of elements analyzed in the DEIS and the level of response (# of responses) required for the FEIS. Otak, Inc.HOURLY RATES Principal in Charge/Sr. Project Manager LA/Master Plan $214.00 Civil Engineer IX $191.00 Planner IV (Senior Planner/Deputy Project Manager)$150.00 Civil Engineer VIII $171.00 Planner III (Associate Planner) or Landscape Architect V $140.00 Civil Engineer VII $155.00 Planner II (Urban Designer/Planner/LA)$127.00 Civil Engineer V $138.00 Landscape Architect III $108.00 Civil Engineer III $112.00 GIS Specialist/Planner $105.00 Civil Engineer II $103.00 Planner I $100.00 Civil Engineer I $94.00 GIS Intern / Planner (Planning Intern)$82.00 Contract Administrator $115.00 Urban Designer IV $165.00 Graphics Specialist $130.00 Urban Designer II $122.00 Project Coordinator II $132.00 Urban Designer I $107.00 Project Administrative Assistant $85.00 EnviroIssues (Community Engagement and Language Translation and Interpretation Support)HOURLY RATES Senior Engagement Specialist $158.00 Engagement Specialist $126.00 Leland Consulting Group (Market Analysis/Economic Development)HOURLY RATES Managing Principal (Principal Analyst/CEO)$225.00 Associate (Analyst)$150.00 Principal (Principal Analyst/Planner)$200.00 Administrative $135.00 Senior Associate ((Senior Analyst)$180.00 EXHIBIT B NON-COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him/her, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, free gift, commission or thing of value on account of such sale. OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated this ____ day of ____________________, 202___ _________________________________________________ (Name of Organization) _________________________________________________ (Name and Title of Person Signing) _________________________________________________ (Signature) ACKNOWLEDGEMENT STATE OF _______________________) ) ss COUNTY OF_____________________) Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to me this _______ day of ________________, 202___. ____________________________________________ Notary Public Signature My Commission Expires:________________________ CERTIFICATION REGARDING INELIGIBLE CONTRACTORS , certifies, by submission of this bid, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Where the bidder is unable to certify to any of the statements in this certification, such bidder shall attach an explanation to this bid. The bidder certifies or affirms the truthfulness and accuracy of the contents of the statement submitted on or with this certification and understands that the provisions of 31 USC Section 3801, et seq., are applicable thereto. Authorized Official Signature Typewritten Name Title of Authorized Official Date CERTIFICATION OF RESTRICTIONS ON LOBBYING The undersigned certifies to the best of its knowledge or belief that it complies with 49 CFR Part 20 New Restrictions on Lobbying: 1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, USC. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this _____ day of ______________________, 202__. Authorized Official Signature Typewritten Name Title of Authorized Official NOTE: CONTRACTORS ARE REQUIRED, PURSUANT TO FEDERAL LAW, TO INCLUDE THE ABOVE LANGUAGE IN SUBCONTRACTS OVER $100,000, AND TO OBTAIN THIS CERTIFICATE FROM EACH SUBCONTRACTOR BEING PAID $100,000 OR MORE UNDER THIS CONTRACT. Form W-9 Identification Number and Certification Request for Taxpayer Give Form to the requester. Do not (Rev. October 2018) Department of the Treasury send to the IRS. Internal Revenue Service ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3): Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC Exempt payee code (if any) Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. Requester’s name and address (optional) 6 City, state, and ZIP code 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other – – entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. – Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Employer identification number Sign Here Signature of U.S. person ▶ Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments -9 and its instructions, such as legislation enacted after www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an (ITIN), adoption e not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or • Form 1099-B (stock or mutual fund sales and certain other • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network • Form 1098 (home mortgage interest), 1098-E (student loan -T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured Use Form W-9 only if you are a U.S. person (including a resident If you do not return Form W-9 to the requester with a TIN, you might What is backup withholding, Cat. No. 10231X Form W-9 (Rev. 10-2018) Form W -9 (Rev. 10-2018) Page 2 By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if Form W -9 (Rev. 10-2018) Page 3 the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. IF the entity/person on line 1 is a(n) . . . THEN check the box for . . . • Corporation Corporation • Individual • Sole proprietorship, or • Single-member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes. Individual/sole proprietor or single- member LLC • LLC treated as a partnership for U.S. federal tax purposes, • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or • LLC that is disregarded but the owner not disregarded for U.S. federal tax the appropriate tax classification. or S= S corporation) • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 Form W -9 (Rev. 10-2018) Page 4 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for . . . THEN the payment is exempt for . . . Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472- 1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J— A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Form W -9 (Rev. 10-2018) Page 5 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester 1. Individual The individual 2. Two or more individuals (joint account) other than an account maintained by an FFI The actual owner of the account or, if combined funds, the first individual on the account1 3. Two or more U.S. persons (joint account maintained by an FFI) Each holder of the account 4. Custodial account of a minor (Uniform Gift to Minors Act) The minor2 5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law The grantor-trustee1 The actual owner1 6. Sole proprietorship or disregarded entity owned by an individual The owner3 7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) The grantor* For this type of account: Give name and EIN of: 8. Disregarded entity not owned by an individual The owner 9. A valid trust, estate, or pension trust Legal entity4 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation 11. Association, club, religious, charitable, educational, or other tax- exempt organization The organization 12. Partnership or multi-member LLC The partnership 13. A broker or registered nominee The broker or nominee For this type of account: Give name and EIN of: 14. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity 15. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671- 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Form W -9 (Rev. 10-2018) Page 6 Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027. Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. C I T Y O F A R L I N G T O N 2 0 2 4 C O M P R E H E N S I V E P L A N U P D AT E | 28 1 = Visioning and Scoping = Scenarios/Alternatives = Draft Comprehensive Plan/Environmental Review = Formal Adoption Process 2 3 4KEY PUBLIC/COMMUNITY ENGAGEMENT MILESTONES: PRELIMINARY PROJECT SCHEDULE 2022 2023 2024 TASKS MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY Contract Authorization and Notice to Proceed Ongoing Public and Community Involvement Throughout Planning Process Major Public/Community Engagement Milestones with Scheduled Workshops, Meetings, and Other Activities PHASE 1 — INITIATE PLANNING PROCESS, REVIEW BACKGROUND, AND CONFIRM VISION 1.1. Project Kick Off: Prepare Final Project Work Plan and Public/Community Engagement Plan/Set Up Project and Hold Meeting with Core City Team; Ongoing Check-Ins with Staff 1.2. Develop Graphic Design Templates for Comprehensive Plan, Community Involvement Activities, Presentations, Maps, etc. (Reader Friendly Format/Consistent Theme and Style) 1.3. Collect, Organize, and Review Relevant Data and Background Information and Existing Conditions and All Relevant Plans and Policies; Set Up GIS Analysis Framework 1.4. Evaluate Demographics and Socioeconomic Conditions (Existing and Trends) and Prepare Forecasts for Population, Housing, Employment, Buildable Lands (2021 Report) and Other Land Use Needs/Demands 1.5. Update the Existing Housing Action Plan 1.6. Prepare for and Conduct Community Engagement (to Confirm/Update Vision) and SEPA Scoping; Prepare Outcomes Report PHASE 2 — DEVELOP POLICY FRAMEWORK AND ANALYZE PLANNING SCENARIOS/ALTERNATIVES 2.1. Revise and Expand Goals, Policies, and Strategies for 2024 Plan Based on Community Visioning Outcomes and Consistency with Countywide Planning Policies 2.2. Develop and Analyze Land Use Scenarios/ Alternatives Consistent with PSRC Vision 2050 and Snohomish County Population Allocations (Preserve Arlington's Vision While Accommodating Growth in Up to Three Scenarios) 2.3. Integral to the Analysis of Scenarios/Alternatives, Identify Economic and Land Use Barriers in Smokey Point and Old Town Subareas; Develop Strategies to Overcome Barriers 2.4. Integral to the Scenarios/Alternatives Analysis, Identify UGA Expansion Options for Residential, Employment, and Manufacturing/ Industrial Use 2.5. Prepare for and Facilitate Scenarios/Alternatives Public/ Community Involvement and Final SEPA Scoping Activities 2.6. Evaluate Scenarios/Alternatives; Select Preferred for Comprehensive Plan Update/Environmental Review; Outcomes Report PHASE 3 — DEVELOP FULL DRAFT COMPREHENSIVE PLAN AND ENVIRONMENTAL REVIEW 3.1. Based on Analysis Outcomes, Update and Develop Draft Elements of the Comprehensive Plan Matching New Format/Template with Maps, Illustrations, and Info Graphics (Integrate Smokey Point Boulevard Subarea Plan) 3.2. Prepare a Capital Facilities Plan with 20- and 6-Year Project Needs to Support the Comprehensive Plan; Facilitate Prioritization Process 3.3. Identify SEPA Compliance Pathway and Support City's Threshold Determination; Conduct Environmental Review and Analysis Accordingly (Potential Contract Amendment) 3.4. Prepare Presentation Materials for and Facilitate Public and Agency Review of Full Draft Comprehensive Plan PHASE 4 — FINALIZE COMPREHENSIVE PLAN; SUPPORT ADOPTION AND IMPLEMENTATION 4.1. Finalize Comprehensive Plan Based on Public and Agency Review Process, Environmental Review, and City Direction 4.2. Review and Audit Existing Zoning and Development Regulations and Prepare Recommendations Report for Revisions and Updates for Consistency with the 2024 Comprehensive Plan 4.3. Support Formal Adoption Process with Presentations City’s Project Completion Date: May 1, 2024 1 2 3 4 e EXHIBIT C City of Arlington Council Agenda Bill Item: WS #6 Attachment F Community and Economic Development Quarterly Status Report Reporting Period: Q2 2022 Staffing Report: • Staffing levels are critically understaffed in CED currently. We still have not filled the Planner II position that was left vacant with Rawan’s departure in April, and now the Development Services Manager position is unfilled with Nova leaving. We will continue to advertise and search any viable resources for qualified individuals. This deficit in staffing will have an impact on project timelines for development projects. Update on Current Contracts: • CED is finalizing the contract with Otak, who will be the prime consultant for the 2024 Comprehensive Plan Periodotic Update. • CED is finalizing the contract with the Blueline Group to perform planning work related to the Housing Action Plan Implementation (HAPI) grant funded by the Department of Commerce. • CED issued a Request for Proposal (RFP) for conceptual design and civil engineering related to the creation of the Food Truck Court, to be located in the Airport Business Park, at the northeast corner of 172nd St./Airport Blvd.This project is funded by American Rescue Plan Act (ARPA) monies. Construction is projected to occur in 2023. Challenges: • As stated above, staffing deficits are the primary concern at this time, as this will have significant impacts on project review and permitting timelines. Opportunities: • CED hosted a “meet & greet” with the Otak team, CED Focus Group members, and staff to discuss their approach to the 2024 Comprehensive Plan work. Everyone was impressed by the teams presentation, and thought that Otak was an excellent choice to conduct this body of work. New Programs/General Information Meetings: • CED met with representatives from the First Baptist Church located at 426 French Ave., looking to expand their parking lot. • CED met with an individual who was proposing to subdivide the existing lot at 717 E First St.The lot would not accommodate what he was proposing without demolition of the existing residence. • CED met with developer that proposed constructing a multi-family apartment building on 168th St. in Smokey Point, but did not want to meet the retail requirements for a mixed-use building. Current Development Activity • Current Project status worksheet, click on file to view; Monthly Project Status 6.2.22(1).xlsx Upcoming Planning Commission Items: 1. Design Review- RNW PLN#885. 2. Design Review-Arlington Air North PLN#943. 3. Design Review-Brown Bear CarwashPLN#887. 4. AMC Title 20 “draft” Code Amendments presentation. Upcoming Council Items: 1. June 27th WS CED Q2 report, Resolution to accept Commerce Grant Funds, Otak PSA, Blueline PSA, Dedication of 197th ROW 2. July 25th WS Joint City Council/Planning Commission to review 2022 Code Amendments City of Arlington Council Agenda Bill Item: WS #7 Attachment G General Fund Operating Statement Revenue Charts ARPA PROJECT SUMMARY May 2022 Totals:Spent to Date: Laptops for remote work/field use $ 5,000 306$ 1 full time employee to perform custodial and cleaning of public spaces $ 246,000 18,339$ Touchless entry lock systems for City $ 261,000 176,947$ Replenish Personal Protective Equipment (PPE) stock $ 12,985 7,592$ Cold weather shelter $ 20,000 20,000$ Cyber security upgrades $ 94,000 55,961$ Utility system security improvements $ 237,310 14,494$ Design/build food truck park $ 1,366,625 Food distribution (food bank) $ 60,000 Workforce development (partner with County) $ 25,000 Tourism event funding (similar to Lodging Tax Advisory Committee) $ 150,000 52,093$ Winter festival funding/Legion Park Electrical Upgrades $ 200,000 82,558$ Chamber of Commerce (possible partner for communications position) $ 150,000 7,000$ Purchase parklets for more outdoor eating spaces $ 150,000 96,358$ Arlington Community Resource Center $ 360,000 8,427$ Utility Credit program $ 280,907 29,306$ NW Innovation Center $ 25,000 After school program/childcare (Boys & Girls Club) $ 77,000 Smokey Point Park Land $ 1,000,000 Smokey Point Park Improvements $ 1,013,723 TOTAL ARPA BUDGET 5,734,550$ 569,381$ 10% May 2022 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 5/9/22 5/23/22 Council Meetings 5/2/22 5th Monday MeetingsJoint Meetings with City Boards/Commissions Preview with Admin for Retreat Regional Government Meetings Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Monthly Elected Official Strategic Report Due on 5th of month Name: Debora Nelson Date: May 2022 Rotary Conferences & Training Date Date Date Date Date Date Date Date NOTES: Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 5/9/22 5/23/22 Council Meetings 5/2/22 5/16/22 Spring Retreat 5/19/22 5/20/22 5/21/22 Joint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Liaison Meeting 5/11/22 Meet with Barb & Paul 5/6/22 LEOFF 1 Board Meeting Airport Commission 5/10/22 Planning Commission 5/3/22 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County 5/3/22 5/16/22 Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Due on 5th of month Name: Don Vanney Date: May 31, 2022 United Way Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Ribbon Cuttings 5/7/22 5/17/22 5/24/22 Fire Dept. Celebration 5/9/22 Ribbon Cuttings 5/7 -Pederson Arms 5/17 -Eagle Family Dental 5/24 -BBs Teriyaki 5/20 -Mike Hopson's Memorial Service May 2022 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 5/9/22 5/23/22 Council Meetings 5/2/22 5/16/22 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Liaison Meeting 5/24/22 CED meetings 5/10/22 5/17/22 council retreat 5/19/22 5/20/22 5/21/22 New board members 5/6/22 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or address issues with Legislature, Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Due on 5th of month Heather Logan June 1, 2022 Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together 5/12/22 Rotary Station 48 Grand Opening 5/9/22 Haller Bridge Dedication 5/31/22 May 2022 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 5/9/22 5/23/22 Council Meetings 5/2/22 5/16/22 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Liaison Meeting 5/25/22 Special Events 5/17/22 Eagle 5/24/22 Bar-q 5/30/22 Haller Bridge 5/26/22 Mike Special Events 5/10/22 meeting with Regional Government Meetings Date Date Date Date Date Date Date Date Association of Washington Community Transit 5/5/22 Board 5/10/22 Opening new Economic Alliance Snohomish 5/3/22 5/4/22 Climate Puget Sound Regional Council General County personnel and/or 5/4/22 Rick Governor, State departments Transportation Improvement B National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary National Night Out Monthly Elected Official Strategic Report Due on 5th of month Jan Schuette Chamber Meeting Conferences & Training Date Date Date Date Date Date Date Date NOTES: May 2022 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 5/9/22 5/23/22 Council Meetings 5/2/22 5/16/22 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) NCRFA Meeting 5/11/22 5/25/22 Meeting with Marc Hayes 5/3/22 Liaison Meeting AAC Board 5/3/22 PARC Interview 5/24/22 City Retreat 5/19/22 5/20/22 5/21/22 Station 48 Celebration 5/9/22 Date Date Date Date Date Date Date Date Association of Washington Cities County personnel and/or address issues with Legislature, Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Due on 5th of month Name: Marilyn Oertle Date: 6/9/22 United Way Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 5/9/22 5/23/22 Council Meetings 5/2/22 5/16/22 Council Visionsing 5/6/22 Joint Meetings with City Boards/Commissions Airport Meeting - Paul, Don, Dave Liaison Meeting - Airport Council Retreat 5/19/22 5/20/22 5/21/22 Date Date Date Date Date Date Date Date AWC - Legislative Priorities Committee Economic Alliance Snohomish County State Council on Aging Meeting 5/24/22 5/25/22 County personnel and/or Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Northwest Organization for Animal Help- Board of Director 5/13/22 North County Fire Promotion and Recognition Event Monthly Elected Official Strategic Report Name: Michele Blythe Date: May 2022 Conferences & Training Date Date Date Date Date Date Date Date NOTES: EASC -Economic Recovery