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HomeMy WebLinkAbout06-01-20 Council Meeting 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. To join meeting, click here. To call in: 1-253-215-8782 Meeting ID: 842 8130 3103 Password: 160416 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Ashleigh APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Jesica Stickles 1. Minutes of the May 19 and May 26, 2020 Council meetings ATTACHMENT A 2. Accounts Payable: EFT Payments and Claims Checks #99739 through #99818 Dated May 19, 2020 through June 1, 2020 for $819,178.76 3. Bid Award for 2020 Airport Project ATTACHMENT B 4. Bid Award for 204th/77th Roundabout ATTACHMENT C 5. Construction Management Contract with KBA for 67th Rail/Trail ATTACHMENT D PUBLIC HEARING Arlington City Council Meeting Monday, June 1, 2020 at 7:00 pm City Council Chambers – 110 E Third Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. NEW BUSINESS 1. Coronavirus Relief Fund Grant for Local Governments ATTACHMENT E Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jesica Stickles 2. Business Rent Relief Grant Program ATTACHMENT F Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jesica Stickles 3. Contract with FCS Group for EMS Fee Study ATTACHMENT G Staff Presentation: Dave Kraski Council Liaison: Marilyn Oertle 4. Contract with Marysville Regional Fire Authority for Battalion Chief Services ATTACHMENT H Staff Presentation: Dave Kraski Council Liaison: Marilyn Oertle 5. Bond Ordinance to Fund New Fire Station #48 ATTACHMENT I Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Jesica Stickles COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert DRAFT Page 1 of 4 Council Chambers 110 East Third Street May 18, 2020 Councilmembers Present: Mike Hopson, Michele Blythe, Jan Schuette, Marilyn Oertle, Jesica Stickles, Debora Nelson, and Don Vanney. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Tony Orr, City Attorney Steve Peiffle, Jim Kelly, Kristin Garcia, Sarah Lopez, Bryan Terry, Jonathan Ventura, Dave Kraski and Ashleigh Scott Also Known to be Present Remotely: Brittany Kleinman, Jennifer Harrington, Marcela Manibusin and 23 YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS Police Week Proclamation was read by Councilmember Marilyn Oertle. EMS Week Proclamation was read by Mayor Pro Tem Jesica Stickles. PUBLIC COMMENT None. CONSENT AGENDA Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the May 4 and May 11, 2020 Council meetings 2. Accounts Payable: EFT Payments and Claims Checks #99640 through #99738 dated May 5, 2020 through May 18, 2020 for $2,117,966.35; and Payroll ETF Payments and Checks #29532 through #29544 dates April 1, 2020 through April 30, 2020 for $1,612,180.41. 3. Haller Splash Pad Project Close-Out and Acceptance 4. 2019 Utility Pavement Preservation Close-Out and Acceptance Minutes of the Arlington City Council Zoom Meeting Minutes of the City of Arlington City Council Meeting May 18, 2020 Page 2 of 4 PUBLIC HEARING None. NEW BUSINESS Appointments to Parks, Arts and Recreation Commission (PARC) Community Revitalization Project Manager Sarah Lopez requested Council re-confirm two expired positions and confirm one vacancy. The appointments of the Parks, Arts and Recreation Commission recommended candidates Brittany Kleinman, Jennifer Egger and Jennifer Harrington. The Parks, Arts, and Recreation Committee (PARC) serves as an advisory commission to the Mayor and City Council with respect to Parks, Arts and Recreation facilities and programs within the City, as well as changes, expansions or new acquisitions of both facilities and programs. The Commission also serves as the Tree Board. Terms for the seven members are four years (staggered). Councilmember Marilyn Oertle moved and Councilmember Jan Schuette seconded the motion to confirm the reappointment of Brittany Kleinman and Jennifer Egger and appoint Jennifer Harrington to the Parks, Arts and Recreation Commission. The motion passed unanimously. Waste Management Business and Occupation Tax Rate Increase Public Works Director Jim Kelly requested Council approve the proposed rate adjustment to the Arlington – Waste Management Franchise Agreement due to the recent Business and Occupation (B&O) Tax increases passed by the Washington State Legislature. The City of Arlington has a franchise agreement with Waste Management (WM) for refuse collection and residential recycling/composting within the city limits. Effective April 1, 2020, the Washington State Legislature pass SB 6492-201-20, increasing the B&O Tax rate from 1.5% to 1.75% assessed on businesses operating in the State of Washington. The franchise agreement allows WM to request an adjustment due to increased expenses Councilmember Debora Nelson moved and Councilmember Michele Blythe seconded the motion to approve the rate adjustment between the City of Arlington and Waste Management, and authorized the Mayor to sign any required documentation, pending final approval by the City Attorney. The motion passed unanimously. Ordinance and Proposed Revisions to AMC Title 15.16 Regarding Fireworks City Administrator Paul Ellis requested Council approve an Ordinance to amend the Arlington Municipal Code 15.16 banning consumer fireworks. State law requires a 365 day period prior to the proposed ban’s effective date. A Resolution was approved by the City Council on August 5, 2019, requesting an advisory vote be added on the November 5, 2019 ballot seeking citizen input regarding the banning of the possession, sale and discharge of fireworks except for state regulated public displays Minutes of the City of Arlington City Council Meeting May 18, 2020 Page 3 of 4 of fireworks within the City of Arlington. The advisory measure passed 50.70%. This would not take effect until after July 4, 2020. Councilmember Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to approve the Ordinance amending and repealing sections of the Arlington Municipal Code Chapter 15.16 pertaining to the banning of fireworks. The motion passed 5–2 with Councilmember Don Vanney and Mayor Pro Tem Jesica Stickles voting no. COMMENTS FROM COUNCILMEMBERS Councilmember Don Vanney was concerned about comments made at last week’s Council Meeting on YouTube, regarding the Port of Everett and the 40% business loss. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis provided updates regarding the RFA Committee. He reviewed activity reports and how the committee is working through things. He discussed the Values Statement and elaborated on how the values of both organizations aligned with shared priorities. He discussed how the Communication Plan addresses City Council with monthly updates, the progression in the work being done, and ensuring that the staff and public are being informed with imperative information. The RFA committee is asking for Council feedback. Mr. Ellis reviewed the North County Regional Fire Authority Administrative staffing and the Arlington Fire Department organization charts regarding what the committee anticipates will happen if and when they merge; including proposed new positions with existing personnel, equipment and facilities in regards to quantity post merge. Councilmember Marilyn Oertle briefed Council about how the committee is trying to keep it simple and be able to capture where they’re going and understand the data. Mayor Pro Tem Jesica Stickles stated they received a Letter of Support from the Labor Union. Mr. Ellis stated this was not going to be a discussion at tonight’s meeting but it would be brought forward at the retreat. Councilmember Jan Schuette asked where to address questions regarding the RFA Committee and their actions and progress. Councilmember Don Vanney asked if Mr. Ellis could include what the tax payers are paying in regarding breakdown of costs. Mr. Ellis stated that would be discussed during the retreat. Councilmember Debora Nelson asked if during the retreat, there could be a discussion regarding the levy changes and what the cost to the City might look like regarding property transfers, employee liability, cash reserve contribution, etc. Mr. Ellis stated it would be a topic at the retreat and it is being discussed on the committee level. Councilmember Nelson also had questions regarding the permit center’s process regarding changes if and when the merge is successful or not, concerning the Fire Marshall’s office and inspections, etc. Mr. Ellis mentioned it’s a complex discussion and will be addressed more during the retreat. Minutes of the City of Arlington City Council Meeting May 18, 2020 Page 4 of 4 MAYOR’S REPORT None. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:47pm. _________________________________________ Barbara Tolbert, Mayor Page 1 of 6 Council Chambers 110 East Third Street May 26, 2020 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Jesica Stickles and Michele Blythe. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Marty Wray, Lorene Robinson, Kristin Garcia, Jonathan Ventura, Jim Kelly, Sarah Lopez, Dave Kraski, City Attorney Steve Peiffle, and Ashleigh Scott. Also Known to be Present: 64 YouTube Viewers. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO FINAL ACTION WAS TAKEN Coronavirus Relief Fund Grant for Local Governments City Administrator Paul Ellis stated that the City was awarded the CARES Act Grant in the amount of $592,000. This grant is to cover eligible expenses from the COVID-19 pandemic. The grant is funded entirely through the federal stimulus funding under the CARES Act provided by the U.S. Department of Treasury to the Governor. The Coronavirus Relief Funds may only be used for costs incurred by local governments in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. There are six primary eligible cost categories. These cost categories and their eligible cost sub-categories are as follows: Medical expenses, public health expenses, payroll expenses, expenses of actions to facilitate compliance with COVID-19 related public health measures, expenses associated with the provision of economic support and any other COVID-19 related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. Discussion followed with Mr. Ellis answering Council questions. Minutes of the Arlington City Council Zoom Workshop Minutes of the City of Arlington City Council Workshop May 26, 2020 Page 2 of 6 Draft Business Rent Relief Grant Program City Administrator Paul Ellis stated that the City of Arlington is expected to receive approximately $592,000 of CARES Act funds distributed by WA State Department of Commerce. The City will use $200,000 of the funds to support small businesses with Arlington’s Business Rent Relief Grant Program. COVID-19 is causing a catastrophic economic impact nationwide, and Arlington small businesses are no exception. The City recognizes the role of our small businesses in providing jobs to our residents and through sales tax collections to fund the services that are critical to our public. The Business Rent Relief Grant is a piece to the overall recovery. The maximum award per Arlington business is $3,500. The business must meet criteria, including: have a physical location inside city limits, have a current city business license, and have a business sustainability plan. Draft application was presented to council for review. Scoring criteria includes: business sales tax generator, business survival outlook, how business ban be affected by COVID-19 closure, if grant will allow business to re-open, retain/rehire employees, which phase business is allowed to fully open, how many years in business and a business recovery plan. Mr. Ellis is asking for the draft application to be approved, so that when funds become available, and are approved by City Council, the grant application can be released as soon as possible. Discussion followed with Mr. Ellis answering Council questions. Apparent Low Bid for 2020 Airport Project Airport Director/Operations Manager Marty Wray and Airport Operations Specialist Lorene Robinson discussed the bid results, recommendation to award and the construction contract for the 2020 Airport Improvement Project. The 2020 Airport Improvement Projects were approved as part of the airport’s bi-annual budget, and involved the following; design, construction, and construction management services for the Runway 16/34 Lighting Project, Taxiway Bravo Lighting Project, and Taxiway Bravo Overlay Project. The City advertised the projects in the Builder’s Exchange and Daily Journal on May 5, 2020 with a bid due date of May 19, 2020. Lakeside Industries, Inc. came in as the lowest bidder for construction at $2,708,598.44. Staff contacted references for the contractor and the references were complimentary of their work. Staff is requesting that City Council authorize the Mayor to sign the contract with Lakeside Industries, Inc. in the amount of $2,708,598.44. Staff is also requesting the City Council authorize the Mayor and City Attorney to sign the WSDOT Airport Aid Grant Offer and FAA Grant offer subject to grant award for the 2020 Airport Improvements Project. If awarded, we expect to receive both grant awards in the coming weeks. Apparent Low Bid for 204th/77th Roundabout City Administrator Paul Ellis discussed the bid results, recommendation to award and the construction contract for the 204th & 77th Roundabout project. Public Works Director Jim Kelly had technical difficulties, but shortly joined the meeting to finish the report. Minutes of the City of Arlington City Council Workshop May 26, 2020 Page 3 of 6 In 2018, City Staff applied for and received a grant for the Transportation Improvement Board to fund installation of a roundabout at the 204th and 77th intersection. The intersection at this location is very dangerous and has had multiple accidents and one fatality. Upgrading the intersection to a roundabout will provide needed safety and increase mobility at this very busy intersection. Design of the 204th roundabout was completed in April 2020 and the project was advertised for bid early May; bids were opened on May 21st. The preliminary bid list was provided to City Council and the lowest bidder came in from Reece Construction amounting in $2,488,904.00. Discussion followed with Mr. Kelly answering Council questions. Apparent Low Bid for 2020 Utility and Pavement Preservation Public Works Director Jim Kelly discussed the bid results, recommendation to award and the construction contract for the 2020 Utility Improvement and Pavement Preservation (UPP) Project. The City has planned capital improvement projects for the years 2018–2021 for the replacement of aged and failing water-sewer-storm infrastructure and to resurface roads in the same streets where utility improvements occur. The roads that get resurfaced are the ones listed in the TBD Pavement Preservation Plan. The capital improvements and pavement preservation for year 2020 were advertised for bid in early May and bids were opened on May 21, 2020. The preliminary bid list was given to City Council and the lowest bidder came in from J.B. Asphalt Paving amounting in $2,497,643.04. Discussion followed with Mr. Kelly stating there are concerns with bid completeness and possible bid protests. He will update with a Resolution before next Monday’s City Council meeting, or the agenda item will be pulled. Construction Management Contract with KBA for 67th Rail/Trail Public Works Director Jim Kelly discussed the contract with KBA for construction management services for the BNSF Rail/Trail Project, which includes the scope of work and fee for KBA. The federally funded project is for $23,600 for the management services. In 2017 City staff applied for and received a grant from WSDOT/FHWA to fund safety improvements at 67th Avenue BNSF Railroad crossing on the Centennial Trail. The crossing at this trail location is very dangerous and is the location of numerous and severe accidents. The project will upgrade the railroad signal system to LED, install additional pedestrian lights and modify the railroad crossing approach to be more perpendicular to reduce accidents. The BNSF Rail Trail construction was bid and awarded to PNW Civil in April 2020. Due to federal funding requirements, the City is required to have an outside construction management firm manage the project. Staff advertised an RFP for CM services; three proposals were received and consultants interviews. The decision was unanimous to award the project to KBA Construction Management. Discussion followed with Mr. Kelly answering Council questions. Minutes of the City of Arlington City Council Workshop May 26, 2020 Page 4 of 6 Contract with FCS Group for EMS Fee Study Fire Chief Dave Kraski discussed a proposal and contract for an EMS Cost of Service study with FCS Group. Arlington Fire has provided EMS services to Fire Districts 19 (Silvana), 21 (Arlington Heights) and 25 (Oso) for decades. Beginning in 2019, the previous rate model was discontinued, and a cost for service model was established by the FCS Group. The current EMS contracts outline a fee study update in 2020 for the remaining two years of the contracts. The fee will be divided proportionately, based on usage, between all agencies, including Arlington. Discussion followed with Chief Kraski answering Council questions. Contract with Marysville Regional Fire Authority for Battalion Chief Services Fire Chief Dave Kraski discussed the contract renewal for Battalion Chief Services with the Marysville RFA. This request is for a renewal of services provided by the Marysville Regional Fire Authority for 24-hour Command and Control. Battalion #61 responds to Arlington to assist with larger scale incidents requiring a more complex and longer duration command presence. The original contract was initiated a year ago as a trial, and expires on June 30, 2020. The new contract is a mirror image with the exception of a slight increase in the hourly rate and duration. The new contract will continue through 2021. The rate shall be $154.50 for the remainder of the calendar year 2020 and $159.13 per hour for the calendar year 2021. Discussion followed with Chief Kraski answering Council questions. Interlocal Agreement with Snohomish County Fire District #21 for Emergent Shared Employee Fire Chief Dave Kraski discussed the emergent shared employee Interlocal agreement with Snohomish County Fire District #21. Snohomish Fire #21 recently hired its first full-time firefighters (five), and they have concern that in the event of an unexpected injury, illness, resignation, death, etc., they may have problems staffing the department. They have requested in that event, an employee from other agency be utilized. All salary and employee benefits would be reimbursed by the requesting agency. If this is activated, it would likely be Snohomish Fire #21 requesting assistance, not Arlington. Discussion followed with Chief Kraski answering Council questions. Bond Ordinance to Fund New Fire Station #48 Finance Director Kristin Garcia discussed an Ordinance authorizing the issuance of long term general obligation bonds for the construction of a new fire station. The City is in the design phase for construction of a new fire station. The design costs are being paid from accumulated capital reserves that were set aside for this purpose. The construction costs will be paid from the issuance of long term general obligation bonds. City Council must adopt an Ordinance authorizing the issuance of bonds before the City can have Minutes of the City of Arlington City Council Workshop May 26, 2020 Page 5 of 6 access to the funds. Key points of the Ordinance include: maximum dollar amount authorized is $5,500,000; funds must be used for the construction of a fire station and any costs associated with issuance of the bonds; the bonds will be issues by Sterling Bank; the interest rate on the bonds is 2.35% is fixed for the life of the bonds and is locked until 7/1/2020; if the bonds close after 7/1/2020 the rate is subject to change; the maximum interest rate authorized in the Ordinance is 2.835% and Sterling Bank Is lower than this amount; the bonds mature 12/31/2040 and the expected principal and interest payment totals $343,000. The City went through an RFP process to seek financing options for the construction of a new fire station, Sterling Bank’s proposal had the most favorable terms and on March 16, 2020, the City Council authorized staff to continue working with Sterling Bank to finance the construction of the new fire station. Discussion followed with Ms. Garcia answering Council questions. April Financial Report Finance Director Kristin Garcia discussed April 2020 financial report that included the general fund operating statement, revenue charts, public safety resourcing and other fund operating statements. Sales tax revenue is being tracked on a monthly basis and on a deeper level to see what industries are most impacted. The services industry has begun to slow down a little bit. Going forward, the decrease in revenue will speed up in retail and construction for June’s reporting. The EMS fund did receive some CARES Act funding; $22,020 which is specific to EMS transporting of COVID patients. They did submit for a second round of funding, but not sure as of now what that will look like but should be similar. The bond refunding was done in April, but because of the rules, it will be brought to Council at the end of the year as a budget amendment. No huge concerns for Airport revenues. Utility revenues and water, sewer and storm funds have small changes, but no big concerns either, just slowing only about five percent (5%). Call volumes in May have normalized and transport revenues won’t see a big decline. The only real concern is fuel and lodging taxes. People are now working from home and most will continue to do so, as a new way of performing business. Lodging taxes may see some impacts because there isn’t a lot of travel for pleasure or business, and there will be a need to think about the budget for 2021, without funding for new projects. We’ve committed to fund the projects that are rolling over from 2020, but may not have the funds for anything new. Discussion followed with Ms. Garcia answering Council questions. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT None. Minutes of the City of Arlington City Council Workshop May 26, 2020 Page 6 of 6 COMMENTS FROM COUNCILMEMBERS Councilmember Don Vanney asked if there would be a reduction in expenses because of City events being cancelled. Mr. Ellis stated that is possible, but because of COVID-19, we utilize the Department of Corrections for vegetation control and M&O is struggling to find the man power to maintain it until we can get that resource back. Internal back fill or a hiring of short-term external resources have been implemented. They will be maintained to a safety level. Councilmember Don Vanney asked if there was an update on the temporary light project at the Highway 530 crossing. Mayor Tolbert stated she just had a quarterly meeting with the Stillaguamish Tribe and their funding has changed due to COVID-19 and the casino being closed. Mr. Kelley is moving forward with the CEPA planning, but the funding is to be determined. There is no long-term date set for this project. COUNCILMEMBER REPORTS None. PUBLIC COMMENT None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING City Council discussed and agreed to place the following items on the Consent Agenda for the June 1, 2020 Council meeting: 3. Apparent Low Bid for 2020 Airport Project 4. Apparent Low Bid for 204th/77th Roundabout 6. Construction Management Contract with KBA for 67th Rail/Trail EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:17 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B Runway 16/34 Lighting Project, Taxiway Bravo Lighting Project, and Taxiway Bravo Overlay Project. The City advertised the project in the Builders Exchange and Daily Journal on May 5 with a bid due date of May 19, 2020. Lakeside Industries, Inc. came in as the lowest bidder for construction at $2,708,598.44. Staff contacted references for the contractor and the references were complimentary of their work. Staff is requesting that City Council authorize the Mayor to sign the contract with Lakeside Industries, Inc. in the amount not to exceed $2,708,598.44. Staff is also requesting the City Council authorize the Mayor and City Attorney to sign the WSDOT Airport Aid Grant Offer and FAA Grant offer subject to grant award for the 2020 Airport City of Arlington Council Agenda Bill Item: CA #3 Attachment B exceed $262,442.00, and a Construction Management Professional Services Agreement with Dowl Engineering at their May 4 City Council Meeting in the amount not to exceed $242,035.00. The FAA has indicated that they will fund the following from project engineer’s estimates (prior to bids being received): FAA discretionary grant funding for Taxiway Bravo Lighting Project in the amount of $1,300,000.00 (project is 90% funded by the FAA). Airport staff has applied for WSDOT Grant funding for 5% of the project, which the airport will match if awarded. The airport has the budget for this project if not awarded WSDOT grant funding. FAA CARES funding and non-primary entitlement/discretionary funding for the Runway 16/34 Lighting Project in the amount of $1,143,182.00 (project is 100% funded by the FAA). We received FAA supplemental discretionary grant funding for the Taxiway Bravo Overlay Project in the amount of $1,110,000.00 (project is 100% funded by the FAA for Airport Improvement Program (AIP) eligible items). We just received notice from the FAA that we may receive additional funding for the Taxiway Bravo connector work (originally non AIP eligible). Therefore, the FAA may now be funding this project at 100% for AIP eligible portions of the project. However, there are still portions of the Taxiway Bravo Overlay Project that are not AIP eligible, which includes excess pavement removal. Therefore, the airport has requested WSDOT grant funding at 50% instead of the typical 5% ask for these non-eligible portions of the project, which the airport will match. Because of WSDOT’s limited budget, it is unlikely we will be awarded the 50% WSDOT request for grant funding. Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 To: City Council From: Marty Wray, Airport Operations Manager Date: May 19th, 2020 Subject: 2020 Airport Improvements Project ISSUE: The 2020 Airport Improvement Projects were approved as part of the airport’s bi-annual budget, and involve the following projects: Rwy 16/34 Lighting Project, Taxiway Bravo Lighting Project, and Taxiway Bravo Overlay Project. DISCUSSION & ANALYSIS: The City advertised the project in the Builders Exchange and Daily Journal on May 5th with a bid due date of May 19th. Contractor Name Bid Amount Lakeside Industries, Inc. came in as the lowest bidder for construction at $2,708,598.44. Staff contacted references for the contractor and the references were complimentary of their work. ALTERNATIVES: Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDATION: Staff recommends the City Council approve a contract for the 2020 Airport Improvements Project with Lakeside Industries, Inc. in the amount not to exceed $2,708,598.44. 425-869-2670 ■ 8420 154th Avenue NE, Suite 120 ■ Redmond, Washington 98052 ■ www.dowl.com Alaska ■ Arizona ■ Colorado ■ Montana ■ North Dakota ■ Oregon ■ Washington ■ Wyoming May 19, 2020 Dave Ryan Airport Director Arlington Municipal Airport 18204 59th Ave NE, Ste A Arlington, WA 98223 RE: Arlington Municipal Airport (AWO) 2020 Airport Improvements Project Re-Bid AIP No. 3-53-0002-028/029/030-2020, City Project No. 19.2007 Recommendation for Award Dear Dave: On May 19, 2020, sealed bids were received and opened for the 2020 Airport Improvements Project Re-Bid at Arlington Municipal Airport. This was a re-bid of the project after all bids were rejected from the initial bid opening on April 21, 2020. The re-bid bid amounts included 9.2% percent sales tax. Two bids were submitted, with the results of the bid and the Engineer’s Estimate as follows: 2020 Airport Improvements Project Re-Bid Engineer’s Estimate Lakeside Industries, Inc. SRV Construction, Inc. Bid Schedule A – Rwy 16/34 Lighting Rehabilitation $ 883,068 $ 793,893.28 $ 756,015.62 Bid Schedule B – Twy B Pavement Rehabilitation $ 826,797 $ 728,967.88 $ 1,006,608.33 Bid Schedule C – Taxiway B Lighting Install $ 1,005,268 $ 850,919.16 $ 757,256.14 Bid Schedule D – Twy B2, B3, B4 Pavement Rehabilitation $ 295,877 $ 215,178.60 $ 238,432.74 Bid Schedule E – Excess Pavement Removal (Non-AIP) $ 100,202 $ 119,639.52 $ 95,320.68 Total Bid Schedules A-D (Basis of Award) $ 3,011,010 $ 2,588,958.92 $ 2,758,312.83 Total All Bid Schedules (Total Construction Cost) $ 3,111,212 $ 2,708,598.44 $ 2,853.633.51 No discrepancies were discovered either the Lakeside Industries Inc. bid or the SRV Construction Inc. bid. Dave Ryan Arlington Municipal Airport (AWO) May 19, 2020 Page 2 Per the Contract Documents, the Basis of Award is the summation of Bid Schedules A, B, C, and D. Bid Schedule E includes non-AIP eligible work and was not included in the Basis of Award. Based on the bid totals, Lakeside Industries, Inc. bid of $2,588,958.92 for Bid Schedules A, B, C, and D is the low bid for this project. Their total bid price including Bid Schedule E is $2,708,598.44. We have verified the qualifications of the low bidder, the active status of the contractor’s license from the Department of Labor and Industries, the current status of their licensure with the WA Department of Revenue (City of Arlington license to be acquired), and that Lakeside Industries, Inc. is not listed on the List of Parties Excluded from Federal Procurement or Non-Procurement Programs. All the required forms were submitted with the bid proposal. There is no published DBE goal for this project; however, we will be tracking DBE expenditures in accordance with General Provision subsection 90-11 titled CONTRACTOR FINAL PROJECT DOCUMENTATION. Based on the outcome of the bids, we recommend that the City of Arlington – Arlington Municipal Airport (AW) award a construction contract to Lakeside Industries, Inc. in the amount of $2,708,598.44 for Bid Schedules A, B, C, D, and E. We recommend issuing construction Notice to Proceed with an expected start date in July. Please call me at (425) 406-7135 if you have any questions. Sincerely, DOWL Wes Holden, Project Manager Attachments: Bid Tabulation, Contractor Check Results Client:City of Arlington - Arlington Municipal Airport (AWO)Bid Opening:5/19/2020 Project:2020 Airport Improvements Project Re-Bid Number Section Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A1 GP-105 Mobilization 1 LS 80,000$ 80,000$ 110,000$ 110,000$ 53,300$ 53,300$ A2 GP 50-06 Construction Surveying 1 LS 30,000$ 30,000$ 19,000$ 19,000$ 37,000$ 37,000$ A3 A-101 FOD Prevention Controls 1 LS 45,000$ 45,000$ 25,000$ 25,000$ 59,500$ 59,500$ A4 G-100 CSPP Compliance and SPCD 1 LS 95,000$ 95,000$ 100,000$ 100,000$ 96,500$ 96,500$ A5 C-102 Temporary Erosion and Sediment Control 1 LS 5,500$ 5,500$ 5,000$ 5,000$ 5,350$ 5,350$ A6 P-209 Crushed Aggregate Base Course 35 TON 140$ 4,900$ 140$ 4,900$ 115$ 4,025$ A7 L-108 Circuit Locate 1 LS 7,500$ 7,500$ 3,700$ 3,700$ 3,600$ 3,600$ A8 L-108 Cable and Wire Demolition 1 LS 12,000$ 12,000$ 9,600$ 9,600$ 9,000$ 9,000$ A9 L-108 No. 8 AWG, L-824, 5kV Type C Cable, Installed 16,500 LF 2.10$ 34,650$ 1.45$ 23,925$ 2.30$ 37,950$ A10 L-108 No. 12 AWG 600V Wire, Installed 6,000 LF 1.00$ 6,000$ 0.65$ 3,900$ 1.20$ 7,200$ A11 L-108 No. 6 AWG, Solid, Bare Copper Counterpoise Wire, Installed (in Conduit/Duct Only)750 LF 2.10$ 1,575$ 1.35$ 1,013$ 2.40$ 1,800$ A12 L-108 Ground Rod, Installed, Including Connections/Terminations 83 EA 215$ 17,845$ 212$ 17,596$ 170$ 14,110$ A13 L-108 Existing Circuit Modifications 1 LS 7,500$ 7,500$ 10,800$ 10,800$ 3,000$ 3,000$ A14 L-108 Ground Rod Testing, Completed 83 EA 100$ 8,300$ 45$ 3,735$ 84$ 6,972$ A15 L-109 Airport Transformer Vault Equipment Demolition, Completed 1 LS 3,000$ 3,000$ 3,200$ 3,200$ 2,150$ 2,150$ A16 L-109 Construction of Airport Transformer Vault Circuits in Place 1 LS 6,000$ 6,000$ 2,400$ 2,400$ 8,900$ 8,900$ A17 L-109 Construction of Radio Controller in Place 1 EA 5,500$ 5,500$ 6,000$ 6,000$ 4,200$ 4,200$ A18 L-109 Construction of RWY CCR in Place 1 EA 17,000$ 17,000$ 16,500$ 16,500$ 13,200$ 13,200$ A19 L-109 Construction of Airport Transformer Vault Controls in Place 1 LS 10,000$ 10,000$ 6,000$ 6,000$ 12,000$ 12,000$ A20 L-110 Concrete Encased Duct Bank, One 2” PVC SCH 40 60 LF 50$ 3,000$ 29$ 1,740$ 60$ 3,600$ A21 L-125 Runway Light Demolition 70 EA 475$ 33,250$ 350$ 24,500$ 280$ 19,600$ A22 L-125 Lighted Sign Demolition 12 EA 950$ 11,400$ 550$ 6,600$ 600$ 7,200$ A23 L-125 REIL Pair Demolition, (Pair)1 EA 2,500$ 2,500$ 2,000$ 2,000$ 1,800$ 1,800$ A24 L-125 PAPI Demolition, (Assembly)2 EA 3,500$ 7,000$ 3,000$ 6,000$ 2,650$ 5,300$ A25 L-125 Runway Edge/End Light, Elevated 62 EA 1,500$ 93,000$ 1,475$ 91,450$ 1,020$ 63,240$ A26 L-125 Runway Edge Light, Flush 6 EA 3,500$ 21,000$ 3,700$ 22,200$ 2,160$ 12,960$ A27 L-125 Lighted Sign 13 EA 6,500$ 84,500$ 5,500$ 71,500$ 4,800$ 62,400$ A28 L-125 REIL Pair, (Pair)1 EA 22,000$ 22,000$ 20,000$ 20,000$ 16,800$ 16,800$ A29 L-125 PAPI Assembly 2 EA 30,000$ 60,000$ 23,000$ 46,000$ 27,000$ 54,000$ A30 L-125 L-867 Basecan Handhole 2 EA 1,000$ 2,000$ 1,000$ 2,000$ 720$ 1,440$ Corrections Apparent Low Bidder Apparent 2nd Low Bidder BID TABULATION Bid Schedule A - Runway 16/34 Lighting (AIP Eligible)Engineer's Estimate Lakeside Industries, Inc.SRV Construction 1 of 4 Number Section Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A31 L-125 Spare Parts 1 LS 5,000$ 5,000$ 5,000$ 5,000$ 3,850$ 3,850$ A32 L-125 Testing, Commissioning, and Training 1 LS 3,000$ 3,000$ 4,000$ 4,000$ 2,400$ 2,400$ A33 T-901 Seeding 3.0 AC 2,500$ 7,500$ 2,000$ 6,000$ 2,700$ 8,100$ A34 T-905 Topsoil 750 CY 75$ 56,250$ 61$ 45,750$ 67$ 49,875$ Subtotal Bid Schedule A 9.2% Total Bid Schedule A Number Section Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost B1 GP-105 Mobilization 1 LS 75,000$ 70,000$ 100,000$ 100,000$ 118,500$ 118,500$ B2 GP 50-06 Construction Surveying 1 LS 40,000$ 40,000$ 35,000$ 35,000$ 50,000$ 50,000$ B3 A-101 FOD Prevention Controls 1 LS 40,000$ 40,000$ 30,000$ 30,000$ 63,000$ 63,000$ B4 G-100 CSPP Compliance and SPCD 1 LS 55,000$ 55,000$ 25,000$ 25,000$ 78,500$ 78,500$ B5 P-101 Pavement Milling, 2-Inch Depth 22,450 SY 3.00$ 67,350$ 2.60$ 58,370$ 2.50$ 56,125$ B6 P-401 Asphalt Surface Course 3,100 TON 150$ 465,000$ 129$ 399,900$ 174$ 539,400$ B7 P-620 Pavement Markings (2 Coats)6,070 SF 2.00$ 12,140$ 1.90$ 11,533$ 1.75$ 10,623$ B8 T-901 Seeding 0.25 ACRE 3,000$ 750$ 2,200$ 550$ 2,700$ 675$ B9 T-905 Topsoil 60 CY 115$ 6,900$ 120$ 7,200$ 83$ 4,980$ 9.2% Number Section Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost C1 GP-105 Mobilization 1 LS 50,000$ 50,000$ 33,000$ 33,000$ 70,000$ 70,000$ C2 GP 50-06 Construction Surveying 1 LS 20,000$ 20,000$ 14,000$ 14,000$ 13,675$ 13,675$ C3 A-101 FOD Prevention Controls 1 LS 20,000$ 20,000$ 45,000$ 45,000$ 7,650$ 7,650$ C4 G-100 CSPP Compliance and SPCD 1 LS 40,000$ 40,000$ 75,000$ 75,000$ 17,400$ 17,400$ C5 C-102 Temporary Erosion and Sediment Control 1 LS 3,000$ 3,000$ 5,000$ 5,000$ 3,000$ 3,000$ C6 P-101 Remove Taxiway Edge Reflector 102 EA 70$ 7,140$ 60$ 6,120$ 60$ 6,120$ C7 P-101 Remove Taxiway Edge Reflector Concrete Base 66 EA 150$ 9,900$ 80$ 5,280$ 180$ 11,880$ C8 L-108 No. 8 AWG, L-824, 5kV Type C Cable, Installed 13,500 LF 2.10$ 28,350$ 1.50$ 20,250$ 2.30$ 31,050$ C9 L-108 Ground Rod, Installed, Including Connections/Terminations 189 EA 215$ 40,635$ 150$ 28,350$ 168$ 31,752$ C10 L-108 Ground Rod Testing, Completed 189 EA 100$ 18,900$ 45$ 8,505$ 84$ 15,876$ C11 L-109 Construction of Airport Transformer Vault Circuits in Place 1 LS 4,000$ 4,000$ 5,700$ 5,700$ 1,200$ 1,200$ C12 L-108 Existing Circuit Modifications 1 LS 5,000$ 5,000$ 2,600$ 2,600$ 3,600$ 3,600$ Sales Tax 826,797$ Sales Tax 883,068$ 808,670$ 74,398$ Subtotal Bid Schedule B Total Bid Schedule B Engineer's Estimate 757,140$ 69,657$ 727,008.50$ 692,322.00$ Bid Schedule C - Taxiway B Lighting (AIP Eligible - XC20) Bid Schedule B - Taxiway B Rehabilitation (AIP Eligible - XB20) Engineer's Estimate Lakeside Industries, Inc.SRV Construction 667,553.00$ 921,802.50$ 66,884.78$ 63,693.62$ 793,893.28$ 756,015.62$ Lakeside Industries, Inc.SRV Construction 61,414.88$ 84,805.83$ 728,967.88$ 1,006,608.33$ 2 of 4 Number Section Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost C13 L-109 Construction of TWY CCR in Place 1 EA 20,000$ 20,000$ 19,000$ 19,000$ 8,400$ 8,400$ C14 L-110 Non-Encased Electrical Conduit, One 2” PVC SCH 40 12,500 LF 20$ 250,000$ 12.25$ 153,125$ 13.20$ 165,000$ C15 L-111 Directional Drill Staging 1 EA 1,200$ 1,200$ 1,300$ 1,300$ 720$ 720$ C16 L-111 Directional Drill Conduit - (1)-2"100 LF 70$ 7,000$ 57$ 5,700$ 36$ 3,600$ C17 L-125 Unlighted Sign Demolition 11 EA 750$ 8,250$ 800$ 8,800$ 600$ 6,600$ C18 L-125 Taxiway Edge Light 178 EA 1,400$ 249,200$ 1,250$ 222,500$ 1,020$ 181,560$ C19 L-125 Lighted Sign 11 EA 6,500$ 71,500$ 6,500$ 71,500$ 4,800$ 52,800$ C20 L-125 Spare Parts 1 LS 3,500$ 3,500$ 1,500$ 1,500$ 1,200$ 1,200$ C21 L-125 Testing, Commissioning, and Training 1 LS 3,000$ 3,000$ 3,500$ 3,500$ 2,400$ 2,400$ C22 T-901 Seeding 3.0 AC 2,500$ 7,500$ 2,000$ 6,000$ 2,700$ 8,100$ C23 T-905 Topsoil 750 CY 70.00$ 52,500$ 50.00$ 37,500$ 66.50$ 49,875$ 9.2% Number Section Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost D1 GP 50-06 Construction Surveying 1 LS 15,000$ 15,000$ 16,000$ 16,000$ 13,000$ 13,000$ D2 A-101 FOD Prevention Controls 1 LS 12,000$ 12,000$ 8,500$ 8,500$ 15,000$ 15,000$ D3 G-100 CSPP Compliance and SPCD 1 LS 20,000$ 20,000$ 15,000$ 15,000$ 18,000$ 18,000$ D4 P-101 Pavement Milling, 2-Inch Depth 6,100 SY 10.00$ 61,000$ 4$ 24,400$ 3$ 21,045$ D5 P-401 Asphalt Surface Course 860 TON 175$ 150,500$ 140$ 120,400$ 165$ 141,900$ D6 P-620 Pavement Markings (2 Coats)1,400 SF 5.00$ 7,000$ 5.00$ 7,000$ 4.80$ 6,720$ D7 T-901 Seeding 0.10 ACRE 4,500$ 450$ 2,500$ 250$ 6,000$ 600$ D8 T-905 Topsoil 20 CY 250$ 5,000$ 275$ 5,500$ 104$ 2,080$ 9.2% Number Section Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost E1 GP-105 Mobilization 1 LS 12,500$ 12,500$ 18,000$ 18,000$ 10,000$ 10,000$ E2 GP 50-06 Construction Surveying 1 LS 1,000$ 1,000$ 1,500$ 1,500$ 950$ 950$ E3 A-101 FOD Prevention Controls 1 LS 7,500$ 7,500$ 20,000$ 20,000$ 5,000$ 5,000$ E4 P-101 Excess Pavement Removal 5,420 SY 8.00$ 43,360$ 9$ 46,070$ 8$ 40,650$ Total Bid Schedule C Bid Schedule D - Taxiway B Connectors B2, B3, & B4 Rehabilitation (AIP Eligible) 920,575$ 84,693$ 1,005,268$ 295,877$ 270,950$ 24,927$ Bid Schedule E - Excess Pavement Removal (Non-AIP Eligible) Subtotal Bid Schedule D Sales Tax Total Bid Schedule D Sales Tax Subtotal Bid Schedule C Engineer's Estimate Engineer's Estimate 779,230.00$ 693,458.00$ Lakeside Industries, Inc.SRV Construction 197,050.00$ 218,345.00$ 71,689.16$ 63,798.14$ 850,919.16$ 757,256.14$ Lakeside Industries, Inc.SRV Construction 18,128.60$ 20,087.74$ 215,178.60$ 238,432.74$ 3 of 4 Number Section Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost E5 T-901 Seeding 1.20 AC 2,500$ 3,000$ 2,200$ 2,640$ 2,700$ 3,240$ E6 T-905 Topsoil 305 CY 80$ 24,400$ 70$ 21,350$ 90$ 27,450$ 9.2% Total Schedules A, B, C, & D (BASIS OF AWARD) Total Construction Cost (Schedules A, B, C, D, & E) 3,011,010$ 3,111,212$ 8,442$ 100,202$ 91,760$ Subtotal Bid Schedule E Sales Tax Total Bid Schedule E 109,560.00$ 87,290.00$ 2,588,958.92$ 2,758,312.83$ 2,708,598.44$ 2,853,633.51$ 10,079.52$ 8,030.68$ 119,639.52$ 95,320.68$ 4 of 4 5/19/2020 LAKESIDE INDUSTRIES INC https://secure.lni.wa.gov/verify/Detail.aspx?UBI=601106847&LIC=LAKESI*274JD&SAW=1/3 WA UBI No. 601 106 847 Business type Corporation Owner or tradesperson LEE, MICHAEL JAMES Principals LEE, MICHAEL JAMES, PRESIDENT VAN HORNE, DAVID IAN, TREASURER WOOLSTON, DAX EDWARD, TREASURER LEE, SHARON MARIE, CHIEF EXECUTIVE OFFICER LEE, MAUREEN THERESE, CHIEF EXECUTIVE OFFICER OSTERHAUS, MARY PATRICIA, CHIEF EXECUTIVE OFFICER LEE, RHOADY ROBERT, CHIEF EXECUTIVE OFFICER LEE, TIMOTHY GEORGE, CHIEF EXECUTIVE OFFICER DARNELL, LARRY, TREASURER (End: 06/17/2008) LEE, JEANNE M, VICE PRESIDENT (End: 06/22/2012) WAGGONER, HENRY R, SECRETARY (End: 07/02/2018) WHITE, JOHN C, AGENT (End: 07/02/2018) LEE, R R SR, PARTNER (End: 11/27/2007) STUTGIS, ROBERT E, PARTNER (End: 11/27/2007) PO BOX 7016 ISSAQUAH, WA 98027-7016 425-313-2600 KING County TRAVELERS CAS & SURETY CO Bond account no. $12,000.00 Construction Contractor Active Meets current requirements. License specialties GENERAL License no. LAKESI*274JD Effective — expiration 04/04/1973— 07/31/2020 LAKESIDE INDUSTRIES INC License Verify the contractor’s active registration / license / certification (depending on trade) and any past violations. Bond L&I regional oces are closed to public visits until fur ther notice. Oces can still help you by phone from 8 a.m. to 5 p.m. weekdays (except state holidays). Use the phone number for your closest regional oce (https://lni.wa.gov/agency/contact/#oce-locations), or you can call the Oce of Information and Assistance at 360-902-5800.  (https://lni.wa.gov) 5/19/2020 LAKESIDE INDUSTRIES INC https://secure.lni.wa.gov/verify/Detail.aspx?UBI=601106847&LIC=LAKESI*274JD&SAW=2/3 105116927 Received by L&I 06/17/2008 Effective date 07/01/2008 Expiration date Until Canceled Zurich American Ins Co Policy no. GLA399263015 $1,000,000.00 Received by L&I 05/24/2019 Effective date 06/01/2019 Expiration date 06/01/2020 L&I Account ID 700,227-00 Self Insured. This business is certified to cover its own workers’ comp costs. No premiums due. Inspection results date 09/08/2017 Inspection no. 317946123 Location 8705 Ne 117th Ave Vancouver, WA 98662-3247 Violations Insurance Insurance history Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Certifications & Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent Registered training agent. Check their eligible programs and occupations. Workers’ Comp Do you know if the business has employees? If so, verify the business is up-to-date on workers’ comp premiums. Doing business as LAKESIDE INDUSTRIES INC Estimated workers reported N/A L&I account contact - Email: @lni.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training– Effective July 1, 2019 Exempt from this requirement. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. 5/19/2020 LAKESIDE INDUSTRIES INC https://secure.lni.wa.gov/verify/Detail.aspx?UBI=601106847&LIC=LAKESI*274JD&SAW=3/3 Inspection results date 03/13/2017 Inspection no. 317944021 Location 500 Tennant Way Longview, WA 98632-2449 No violations Inspection results date 08/08/2014 Inspection no. 317385458 Location Center Rd. - Lake Larson RD. Chimacum, WA 98325 No violations 5/19/2020 View Details - Entity Overview | System for Award Management https://sam.gov/SAM/pages/public/entitySearch/entitySearchEntityOverview.jsf 1/1 IBM-P-20200424-1037 WWW7 Search Records Data Access Check Status About Help Disclaimers Accessibility Privacy Policy FAPIIS.gov GSA.gov/IAE GSA.gov USA.gov ALERT: SAM.gov will be down for scheduled maintenance Saturday, 06/13/2020 from 8:00 AM to 1:00 PM Entity Dashboard Entity Overview Entity Registration Core Data Assertions Reps & Certs POCs Exclusions Active Exclusions Inactive Exclusions Excluded Family Members This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." This system is subject to monitoring. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution. Login.gov FAQs A NEW WAY TO SIGN IN - If you already have a SAM account, use your SAM email for login.gov.Log In LAKESIDE INDUSTRIES, INC. DUNS: 058352022 CAGE Code: 05ZW8 Status: Active 6505 226TH PL SE STE 200 ISSAQUAH, WA, 98027-8905 , UNITED STATES Entity Registration SummaryEntity Registration Summary Name: LAKESIDE INDUSTRIES, INC. Business Type: Business or Organization Last Updated By: Doug Stillgebauer Registration Status: Active Activation Date: 12/12/2019 Expiration Date: 12/11/2020 Exclusion SummaryExclusion Summary Active Exclusion Records? No Expiration Date: 12/11/2020 Purpose of Registration: All Awards Entity Overview 5/19/2020 eServices https://secure.dor.wa.gov/gteunauth/_/#11 1/1 Working together to fund Washington's future Washington State Department of Revenue Services Business Lookup LAKESIDE INDUSTRIES License Information:New search Back to results Entity name:LAKESIDE INDUSTRIES Business name:LAKESIDE INDUSTRIES Entity type:Partnership UBI #:600-090-607 Business ID:001 Location ID:0005 Location:Active Location address:6600 230TH SE ISSAQUAH WA 98027-2524 Mailing address:PO BOX 7016 ISSAQUAH WA 98027-7016 Excise tax and reseller permit status:Click here Endorsements Endorsements held at this location License #Count Details Status Expiration date First issuance Burlington General Business - Non-Resident 9716 Active Dec-31-2019 Apr-10-2019 Mercer Island General Business - Non-Resident 740126 Active Dec-31-2019 Oct-09-2019 Normandy Park General Business - Non-Resident Active Dec-31-2019 Jan-25-2019 Governing People May include governing people not registered with Secretary of State Governing people Title BLACK RIVER SAND & GRAVEL INC Partners PACIFIC SAND & GRAVEL CO Partners RED-SAMM MINING CO INC Partners View Additional Locations The Business Lookup information is updated nightly. Search date and time: 5/19/2020 3:22:17 PM 5/19/2020 eServices https://secure.dor.wa.gov/gteunauth/_/#12 1/1 Working together to fund Washington's future Washington State Department of Revenue Services Business Lookup LAKESIDE INDUSTRIES Tax Information New search Back to results Entity name:LAKESIDE INDUSTRIES Entity type:Partnership Excise tax account ID #: 600-090-607 UBI #:600-090-607 Opened:April 1, 1972 Closed: Mailing address:6505 226TH PL SE STE 200 ISSAQUAH WA 98027-8905 NAICS:237310 - Highway, Street, and Bridge Construction Reseller permit:None Business License Locations Filter Business name License account ID #Location address LAKESIDE INDUSTRIES 600090607-001-0005 6600 230TH SE ISSAQUAH WA 98027-2524 LAKESIDE INDUSTRIES INC 600090607-001-0006 6505 226TH PL SE STE 200 ISSAQUAH WA 9802 The Business Lookup information is updated nightly. Search date and time: 5/19/2020 3:26:02 PM CONSTRUCTION CONTRACT THIS CONTRACT, dated this 1st day of June, 2020, is by and between the City of Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and Lakeside Industries, Inc. referred to as the CONTRACTOR. WHEREAS, the City desires Lakeside Industries, Inc., and WHEREAS, the Contractor is qualified, willing and able to perform the necessary work. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it is mutually agreed as follows: 1.0 SERVICE BY CONTRACTOR Contractor agrees to perform the services described in the following project specification 2020 AIRPORT IMPROVEMENTS PROJECT. These documents are on file with the Project Manager, a copy is held by the contractor, and by this reference incorporated herein. 2.0 TIME OF COMPLETION All work under this Agreement is to be done within 80 Working Days of notice to proceed. 3.0 RESPONSIBILITY OF CONTRACTOR 3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for protection of workmen and the public; shall post danger signs warning against known or unusual hazards. 3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and material within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by the City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of services may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by Contractor. The Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractor’s work including, but not limited to, cost of materials and labor extended by the City in making emergency repairs and cost of engineer, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defect work and the Contractor shall defend any such claim at his own expense. Where materials or procedures are not specified in the contract, the City relies on the professional judgment of the Contractor to make appropriate selections. 3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised Code of Washington. 3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon a bonafide occupational qualification. 3.5 Employment Any and all employees of the Contractor while engaged in the performance of any work or services required by the Contractor under this agreement, shall be considered employees of the Contractor only and not of the City and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of the Contractor. 4.0 SUBCONTRACTOR RESPONSIBILITY 4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first-tier subcontractors meets the following bidder responsibility criteria: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable, have: a. Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5.0 COMPENSATION 5.1 The City shall pay the Contractor for the services identified in this contract the total amount of $2,708,598.44 including tax. Contractor shall submit monthly, for the City’s acceptance, a written Contract Project Estimate setting forth the quantities of work satisfactorily performed to date, and an invoice covering the contract price applicable to the work, unless otherwise directed. The City will, within 30 days after receipt of acceptable Contractor’s estimate and invoice, pay the Contractor the accepted progress invoice less actual accumulated amount previously paid. 5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 6.0 CITY'S RIGHT TO TERMINATE CONTRACT 6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter specified: a. If the Contractor should be adjudged bankrupt. b. If the Contractor should make a general assignment of benefit of his creditors. c. If a receiver should be appointed on the account of insolvency of the Contractor. d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the work. e. If the Contractor shall fail to complete the work within the time specified in the contract. f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or labor. g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State or municipal agencies or subdivisions thereof. h. If Contractor should persistently disregard instructions of Management, or otherwise be guilty of a substantial violation of the contract. 6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated for any reason not previously identified by either party by giving ten (10) days written notice to the other party. In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any further balance of the amount to be paid under this contract until the work shall have been fully finished. At such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the City to Contractor. If such expense and damages shall exceed the unpaid balance, Contractor and his surety and each thereof shall be jointly and severally liable therefore to City and shall pay the difference to the City. Such expense and damage shall include all legal costs incurred by the City in employment of attorneys to protect the rights and interests of the City under the contract; provided such legal costs shall be reasonable. 7.0 OWNERSHIP OF DOCUMENTS 7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished or unfinished documents and material prepared by the Contractor with funds provided by this Agreement shall become the property of the City and shall be forwarded to the City at its request. 7.2 Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Agreement will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8.0 CLAIMS 8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of the contract must be made in writing to the City within thirty (30) days after the discovery of such damage, and in no event later than the time of approval by owner of final payment. Contractor, upon making applications for final payment, shall be deemed to have waived this right to claim for any other damages for which claim has not been made, unless such claim for final payment includes notice of additional claim and fully describes the alleged damage. 9.0 ASSIGNMENT 9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party. 10.0 MODIFICATION 10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in writing and properly signed by all parties thereto. 11.0 HOLD HARMLESS 11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting in whole or in part from negligent activities or omissions of the Contractor, its agents or other renumeration for services; and if a suit in respect to the above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or settlement made requiring payment of damages by the City, which damages are based in whole or in part on the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same. 12.0 INSURANCE The Contractor’s required insurance shall be of the types and coverage as stated below: 12.1 Insurance required. Contractor shall maintain at all times the following insurance during the term of this agreement: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. b. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public Entity shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Public Entity using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 12.1 Minimum Limits of Insurance Contractor shall maintain limits no less than: The Contractor shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. c. Builders Risk Insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. (If Applicable) d. Contractor is required to procure and maintain Pollution Legal Liability Insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. The Pollution Legal Liability Insurance shall be written in an amount of at least $1,000,000. Coverage may be written on a claims-made basis. (If Applicable) 12.2 The Policies are to contain, and be endorsed to contain the following provisions: a. General Liability, Builders Risk Insurance (If Applicable), and Pollution Legal Liability (If Applicable) 1. The City, its officials, employees and volunteers are to be covered as additional insured as respect to liability arising out of activities performed by or on behalf of the Contractor. 2. Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of all policies shall not affect the coverage provided to the City, its officials, employees or volunteers. b. All Coverage Each insurance policy required by this clause shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 12.3 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XIII, or with an insurer acceptable to the City. 12.4 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certification for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.5 Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. 12.6 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and limits of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed until coverage is approved by Risk Manager. 12.7 Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 12.8 Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 13.0 INDEPENDENT CONTRACTOR 13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF ARLINGTON, WASHINGTON: CONTRACTOR: Lakeside Industries, Inc. By By Mayor Barbara Tolbert City of Arlington Council Agenda Bill Item: CA #4 Attachment C COUNCIL MEETING DATE: June 1, 2020 SUBJECT: Award of the 204th St. and 77th Ave. Roundabout Project (204th Roundabout) ATTACHMENTS: 204th St. and 77th Ave. Roundabout Certified Project Bid Tabulation DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director – 360-403-3505 EXPENDITURES REQUESTED: $2,488,904.00 (Low Bid) BUDGET CATEGORY: TIB Grant, Transportation/Water/Sewer/Storm CIP Funds BUDGETED AMOUNT: $2,750,000.00 LEGAL REVIEW: DESCRIPTION: Review of bid tabulation and award of contract for the 204th & 77th Roundabout Project. HISTORY: In 2018 city staff applied for and received a grant from the Transportation Improvement Board to fund installation of a roundabout at the 204th thdangerous and has had multiple accidents and one fatality. Upgrading the intersection to a roundabout will provide needed safety and increase mobility at this very busy intersection. Design of the 204th Roundabout was completed in April 2020 and the project was advertised for bid in st in the amount of $2,488,904.00, and authorize the Mayor to sign the construction contract, pending review by the City Attorney. Item  No. DESCRIPTION  Spec        Ref  Sect. Approx.  Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Unexpected Site Changes 1-04.4 SP 1 EST LS 43,000.00$            43,000.00$              43,000.00$            43,000.00$              43,000.00$            43,000.00$              43,000.00$            43,000.00$             43,000.00$            43,000.00$             43,000.00$            43,000.00$             2 Roadway Surveying 1-05.4 SP 1 LS 43,000.00$           43,000.00$             7,800.00$             7,800.00$               25,000.00$           25,000.00$             29,750.00$           29,750.00$            30,059.00$           30,059.00$            39,780.00$           39,780.00$             3 Structure Surveying 1-05.4 SP 1 LS 10,000.00$           10,000.00$             7,800.00$             7,800.00$               2,000.00$             2,000.00$               1,400.00$             1,400.00$               1,431.00$             1,431.00$               12,450.00$           12,450.00$             4 ADA Features Surveying 1-05.4 SP 1 LS 22,000.00$           22,000.00$             4,000.00$             4,000.00$               5,000.00$             5,000.00$               5,650.00$             5,650.00$               2,863.00$             2,863.00$               5,970.00$             5,970.00$                5 Record Drawings 1-05 SP 1 LS 5,000.00$             5,000.00$                2,500.00$             2,500.00$               5,000.00$             5,000.00$               5,000.00$             5,000.00$               2,982.00$             2,982.00$               3,500.00$             3,500.00$                6 SPCC Plan 1-07 1 LS 1,000.00$             1,000.00$                900.00$                900.00$                  2,000.00$             2,000.00$               300.00$                300.00$                  1,006.00$             1,006.00$               4,250.00$             4,250.00$                7 Potholing 1-07 SP 15 EA 400.00$                6,000.00$                1,100.00$             16,500.00$             340.00$                5,100.00$               400.00$                6,000.00$               681.00$                10,215.00$            1,250.00$             18,750.00$             8 Pedestrian Traffic Control 1-07.23 SP 1 LS 22,000.00$           22,000.00$             6,200.00$             6,200.00$               6,000.00$             6,000.00$               29,500.00$           29,500.00$            15,404.00$           15,404.00$            9,870.00$             9,870.00$                9 Min Bid Req – Type B Progress Schedule $5000 1-08 SP 1 LS 5,000.00$             5,000.00$                5,000.00$             5,000.00$               5,000.00$             5,000.00$               5,000.00$             5,000.00$               5,867.00$             5,867.00$               8,800.00$             8,800.00$                10 Mobilization 1-09.7 1 LS 215,000.00$        215,000.00$           85,000.00$           85,000.00$             228,000.00$        228,000.00$           160,000.00$        160,000.00$          241,399.00$        241,399.00$          126,780.00$        126,780.00$           11 Project Temporary Traffic Control 1-10 SP 1 LS 108,000.00$        108,000.00$           20,000.00$           20,000.00$             10,000.00$           10,000.00$             12,000.00$           12,000.00$            23,846.00$           23,846.00$            27,840.00$           27,840.00$             12 Construction Phasing 1-10 SP 1 LS 10,000.00$           10,000.00$             11,000.00$           11,000.00$             8,500.00$             8,500.00$               6,000.00$             6,000.00$               3,353.00$             3,353.00$               21,460.00$           21,460.00$             13 Traffic Control Supervisor 1-10 SP 1 LS HR 64,800.00$            64,800.00$              18,000.00$            18,000.00$              13,000.00$            13,000.00$              15,000.00$            15,000.00$             18,790.00$            18,790.00$             39,878.00$            39,878.00$             14 Clearing and Grubbing 2-01 SP 2,510 SY 8.00$ 20,080.00$             10.00$                  25,100.00$             10.00$                  25,100.00$             2.50$ 6,275.00$               9.00$ 22,590.00$            13.00$                  32,630.00$             15 Removing Existing Drainage Structure 2-02 SP 4 EA 1,000.00$             4,000.00$                1,125.00$             4,500.00$               300.00$                1,200.00$               850.00$                3,400.00$               1,301.00$             5,204.00$               550.00$                2,200.00$                16 Removing Existing Drainage Pipe 2-02 SP 119 LF 25.00$                  2,975.00$                83.00$                  9,877.00$               19.00$                  2,261.00$               113.00$                13,447.00$            42.00$                  4,998.00$               12.00$                  1,428.00$                17 Removing Cement Conc. Sidewalk 2-02 SP 270 SY 60.00$                  16,200.00$             46.00$                  12,420.00$             15.00$                  4,050.00$               23.00$                  6,210.00$               15.00$                  4,050.00$               22.00$                  5,940.00$                18 Removing Cement Conc. Curb 2-02 SP 310 LF 30.00$                  9,300.00$                40.00$                  12,400.00$             17.00$                  5,270.00$               8.00$ 2,480.00$               13.00$                  4,030.00$               10.00$                  3,100.00$                19 Sawcutting Existing Pavement 2-02 SP 1,980 LF 10.00$                  19,800.00$             5.00$ 9,900.00$               6.80$ 13,464.00$             3.50$ 6,930.00$               4.00$ 7,920.00$               4.00$ 7,920.00$                20 Abandon Monitoring Well 2-02 SP 1 EA 2,500.00$             2,500.00$                8,500.00$             8,500.00$               1,500.00$             1,500.00$               5,250.00$             5,250.00$               2,982.00$             2,982.00$               11,540.00$           11,540.00$             21 Roadway Excavation Incl. Haul 2-03 2,410 CY 40.00$                  96,400.00$             28.00$                  67,480.00$             50.00$                  120,500.00$           33.00$                  79,530.00$            30.00$                  72,300.00$            61.00$                  147,010.00$           22 Gravel Borrow Incl. Haul 2-03 150 CY 40.00$                  6,000.00$                83.00$                  12,450.00$             48.00$                  7,200.00$               84.00$                  12,600.00$            51.00$                  7,650.00$               54.00$                  8,100.00$                23 Structure Excavation Class B Incl. Haul 2-09 420 CY 30.00$                  12,600.00$             44.00$                  18,480.00$             50.00$                  21,000.00$             17.00$                  7,140.00$               31.00$                  13,020.00$            66.00$                  27,720.00$             24 Shoring Or Extra Excavation Class B Incl. Haul 2-09 3000 SF 1.00$ 3,000.00$                2.50$ 7,500.00$               0.30$ 900.00$ 1.00$ 3,000.00$               2.00$ 6,000.00$               10.00$                  30,000.00$             25 Crushed Surfacing Top Course 4-04 580 TON 40.00$                  23,200.00$             61.00$                  35,380.00$             50.00$                  29,000.00$             31.00$                  17,980.00$            34.00$                  19,720.00$            46.00$                  26,680.00$             26 Crushed Surfacing Base Course 4-04 1,810 TON 35.00$                  63,350.00$             63.00$                  114,030.00$          43.00$                  77,830.00$             45.00$                  81,450.00$            31.00$                  56,110.00$            42.00$                  76,020.00$             27 HMA Cl. ½ IN. PG58H-22 5-04 SP 1,460 TON 110.00$                160,600.00$           125.00$                182,500.00$          120.00$                175,200.00$           144.50$                210,970.00$          125.00$                182,500.00$          135.00$                197,100.00$           28 HMA for Approach Cl. ½ IN. PG58H-22 5-04 SP 60 TON 220.00$                13,200.00$             185.00$                11,100.00$             150.00$                9,000.00$               161.00$                9,660.00$               161.00$                9,660.00$               302.00$                18,120.00$             29 Planing Bituminous Pavement 5-04 SP 4,000 SY 7.00$ 28,000.00$             5.00$ 20,000.00$             4.40$ 17,600.00$             2.90$ 11,600.00$            2.00$ 8,000.00$               5.20$ 20,800.00$             30 Asphalt Cost Price Adjustment 5-04 SP 1 CALC 739.00$                739.00$ 739.00$                739.00$                  739.00$                739.00$ 739.00$                739.00$                  739.00$                739.00$                  739.00$                739.00$                   31 Decorative Cement Concrete Pavement – Truck Apr 5-05 SP 271 SY 140.00$                 37,940.00$              198.00$                 53,658.00$              200.00$                 54,200.00$              195.00$                 52,845.00$             242.00$                 65,582.00$             345.00$                 93,495.00$             32 Decorative Cement Concrete Pavement – Splitter Isl 5-05 SP 135 SY 150.00$                 20,250.00$              182.00$                 24,570.00$              200.00$                 27,000.00$              195.00$                 26,325.00$             231.00$                 31,185.00$             355.00$                 47,925.00$             33 Decorative Cement Concrete Pavement – Maintenan 5-05 SP 77 SY 180.00$                 13,860.00$              242.00$                 18,634.00$              200.00$                 15,400.00$              195.00$                 15,015.00$             231.00$                 17,787.00$             355.00$                 27,335.00$             34 Structural Earth Wall 6-13 SP 440 SF 45.00$                  19,800.00$             71.00$                  31,240.00$             50.00$                  22,000.00$             64.00$                  28,160.00$            90.00$                  39,600.00$            321.00$                141,240.00$           35 Modular Block Wall 6-20 SP 180 SF 65.00$                  11,700.00$             76.00$                  13,680.00$             55.00$                  9,900.00$               60.00$                  10,800.00$            87.00$                  15,660.00$            70.00$                  12,600.00$             36 Solid Wall PVC Storm Sewer Pipe 12 In. Diam 7-04 730 LF 60.00$                  43,800.00$             78.00$                  56,940.00$             95.00$                  69,350.00$             65.00$                  47,450.00$            63.00$                  45,990.00$            77.00$                  56,210.00$             37 Ductile Iron Storm Sewer Pipe 12 In. Diam. 7-04 SP 80 LF 90.00$                  7,200.00$                140.00$                11,200.00$             110.00$                8,800.00$               130.00$                10,400.00$            92.00$                  7,360.00$               145.00$                11,600.00$             38 Adjust Catch Basin 7-05 8 EA 600.00$                4,800.00$                260.00$                2,080.00$               700.00$                5,600.00$               530.00$                4,240.00$               374.00$                2,992.00$               1,240.00$             9,920.00$                39 Solid Locking Lid 7-05 SP 3 EA 750.00$                2,250.00$                700.00$                2,100.00$               370.00$                1,110.00$               690.00$                2,070.00$               643.00$                1,929.00$               850.00$                2,550.00$                40 Catch Basin Type 1 7-05 SP 10 EA 1,600.00$             16,000.00$             1,300.00$             13,000.00$             2,500.00$             25,000.00$             2,215.00$             22,150.00$            1,683.00$             16,830.00$            3,240.00$             32,400.00$             41 Catch Basin Type 2 48 In. Diam.7-05 SP 3 EA 3,200.00$             9,600.00$                2,700.00$             8,100.00$               3,800.00$             11,400.00$             4,975.00$             14,925.00$            3,629.00$             10,887.00$            6,970.00$             20,910.00$             42 Catch Basin Type 2 54 In. Diam.7-05 SP 1 EA 4,200.00$             4,200.00$                5,200.00$             5,200.00$               6,000.00$             6,000.00$               5,400.00$             5,400.00$               3,748.00$             3,748.00$               7,240.00$             7,240.00$                43 Connection to Drainage Structure 7-05 SP 9 EA 500.00$                4,500.00$                1,000.00$             9,000.00$               850.00$                7,650.00$               1,220.00$             10,980.00$            1,532.00$             13,788.00$            16,540.00$           148,860.00$           44 Adjust Sanitary Sewer Manhole to Finished Grade 7-05 SP 3 EA 1,000.00$             3,000.00$                260.00$                780.00$                  700.00$                2,100.00$               850.00$                2,550.00$               1,269.00$             3,807.00$               1,540.00$             4,620.00$                45 Relocate Flow Control Structure 7-05 SP 1 EA 5,000.00$             5,000.00$                17,500.00$           17,500.00$             2,600.00$             2,600.00$               12,500.00$           12,500.00$            10,857.00$           10,857.00$            890.00$                890.00$                   46 Relocate Oil Water Separator 7-05 SP 1 EA 15,000.00$           15,000.00$             17,500.00$           17,500.00$             4,000.00$             4,000.00$               14,000.00$           14,000.00$            12,739.00$           12,739.00$            1,650.00$             1,650.00$                47 Abandon AC Water Main Connection 7-09 SP 4 EA 1,500.00$             6,000.00$                850.00$                3,400.00$               1,000.00$             4,000.00$               2,025.00$             8,100.00$               1,247.00$             4,988.00$               1,240.00$             4,960.00$                48 Adjust Water Valve to Finished Grade 7-12 SP 6 EA 1,000.00$             6,000.00$                260.00$                1,560.00$               650.00$                3,900.00$               600.00$                3,600.00$               949.00$                5,694.00$               650.00$                3,900.00$                49 Moving Existing Hydrant 7-14 2 EA 2,000.00$             4,000.00$                2,500.00$             5,000.00$               2,000.00$             4,000.00$               3,500.00$             7,000.00$               2,569.00$             5,138.00$               6,870.00$             13,740.00$             A‐1 LandscapeColacurcio Brothers SRV Construction Faber Construction 204th St. Roundabout Project Engineer's Estimate Apparent Low Bidder              Reece Construction May 21, 2020 50 Relocate Existing Water Meter 7-15 SP 7 EA 350.00$                2,450.00$                1,200.00$             8,400.00$               760.00$                5,320.00$               1,150.00$             8,050.00$               1,029.00$             7,203.00$               3,245.00$             22,715.00$             51 Inlet Protection 8-01 20 EA 90.00$                  1,800.00$                175.00$                3,500.00$               100.00$                2,000.00$               80.00$                  1,600.00$               119.00$                2,380.00$               218.00$                4,360.00$                52 Silt Fence 8-01 1,540 LF 10.00$                  15,400.00$             7.00$ 10,780.00$             5.00$ 7,700.00$               6.00$ 9,240.00$               8.00$ 12,320.00$            16.00$                  24,640.00$             53 Erosion/Water Pollution Control 8-01 1 EST 43,000.00$           43,000.00$             43,000.00$           43,000.00$             43,000.00$           43,000.00$             43,000.00$           43,000.00$            43,000.00$           43,000.00$            43,000.00$           43,000.00$             54 PSIPE – Amur Maple, 8-10’ Ht.8-02 3 EA 250.00$                750.00$ 410.00$                1,230.00$               375.00$                1,125.00$               277.00$                831.00$                  388.00$                1,164.00$               255.00$                765.00$                   55 PSIPE – Leprechaun Green Ash, 2” Cal 8-02 10 EA 250.00$                2,500.00$                410.00$                4,100.00$               375.00$                3,750.00$               607.00$                6,070.00$               388.00$                3,880.00$               560.00$                5,600.00$                56 PSIPE – Serbian Spruce, 8-10’ Ht.8-02 3 EA 275.00$                825.00$ 310.00$                930.00$                  280.00$                840.00$ 370.00$                1,110.00$               292.00$                876.00$                  750.00$                2,250.00$                57 PSIPE – Dwarf Red-Osier Dogwood, 2 Gal. 8-02 75 EA 55.00$                  4,125.00$                33.00$                  2,475.00$               30.00$                  2,250.00$               14.00$                  1,050.00$               31.00$                  2,325.00$               28.00$                  2,100.00$                58 PSIPE – Pink Flowering Currant, 5 Gal.8-02 4 EA 55.00$                  220.00$ 44.00$                  176.00$                  40.00$                  160.00$ 20.00$                  80.00$ 42.00$                  168.00$                  32.00$                  128.00$                   59 PSIPE – Dwarf Mountain Laurel, 2 Gal.8-02 6 EA 55.00$                  330.00$ 33.00$                  198.00$                  30.00$                  180.00$ 17.00$                  102.00$                  31.00$                  186.00$                  22.00$                  132.00$                   60 PSIPE – Dwarf Ninebark, 5 Gal.8-02 17 EA 65.00$                  1,105.00$                44.00$                  748.00$                  40.00$                  680.00$ 35.00$                  595.00$                  42.00$                  714.00$                  32.00$                  544.00$                   61 PSIPE – Sword Fern, 1 Gal.8-02 106 EA 15.00$                  1,590.00$                19.00$                  2,014.00$               20.00$                  2,120.00$               9.50$ 1,007.00$               18.00$                  1,908.00$               18.00$                  1,908.00$                62 PSIPE – Evergreen Huckleberry, 5 Gal.8-02 19 EA 55.00$                1,045.00$           44.00$                   836.00$                   40.00$                   760.00$ 32.00$                  608.00$                  42.00$                  798.00$                  38.00$                  722.00$                   63 PSIPE – Salal, 1 Gal.8-02 243 EA 15.00$                  3,645.00$                19.00$                  4,617.00$               17.00$                  4,131.00$               14.00$                  3,402.00$               18.00$                  4,374.00$               18.00$                  4,374.00$                64 PSIPE – Kinninick, 1 Gal.8-02 243 EA 15.00$                  3,645.00$                19.00$                  4,617.00$               17.00$                  4,131.00$               11.00$                  2,673.00$               18.00$                  4,374.00$               18.00$                  4,374.00$                65 PSIPE – Dull Oregon Grape, 1 Gal.8-02 243 EA 15.00$                  3,645.00$                19.00$                  4,617.00$               17.00$                  4,131.00$               14.00$                  3,402.00$               18.00$                  4,374.00$               18.00$                  4,374.00$                66 Seeded Lawn Installation 8-02 5,600 SF 0.55$ 3,080.00$                0.50$ 2,800.00$               0.30$ 1,680.00$               0.40$ 2,240.00$               0.24$ 1,344.00$               1.00$ 5,600.00$                67 Topsoil Type A 8-02 SP 338 CY 55.00$                  18,590.00$             76.00$                  25,688.00$             70.00$                  23,660.00$             58.00$                  19,604.00$            72.00$                  24,336.00$            70.00$                  23,660.00$             68 Root Barrier 8-02 SP 360 LF 10.00$                  3,600.00$                17.00$                  6,120.00$               15.00$                  5,400.00$               21.00$                  7,560.00$               16.00$                  5,760.00$               41.00$                  14,760.00$             69 Bark or Woodchip Mulch 8-02 SP 23 CY 70.00$                  1,610.00$                86.00$                  1,978.00$               78.00$                  1,794.00$               63.00$                  1,449.00$               81.00$                  1,863.00$               77.00$                  1,771.00$                70 Private Property – Restoration and Appurtenances R 8-02 SP 1 LS 50,000.00$            50,000.00$              12,000.00$            12,000.00$              5,000.00$              5,000.00$                48,250.00$            48,250.00$             8,946.00$              8,946.00$                26,458.00$            26,458.00$             71 Rounded River Rock 8-02 SP 17 TON 270.00$                4,590.00$                106.00$                1,802.00$               95.00$                  1,615.00$               100.00$                1,700.00$               100.00$                1,700.00$               135.00$                2,295.00$                72 Basalt Boulders 8-02 SP 55 EA 150.00$                8,250.00$                410.00$                22,550.00$             375.00$                20,625.00$             208.00$                11,440.00$            388.00$                21,340.00$            750.00$                41,250.00$             73 Irrigation System 8-03 1 LS 20,000.00$           20,000.00$             33,600.00$           33,600.00$             30,000.00$           30,000.00$             39,000.00$           39,000.00$            31,702.00$           31,702.00$            19,870.00$           19,870.00$             74 Irrigation Restoration 8-03 1 LS 10,000.00$           10,000.00$             11,000.00$           11,000.00$             10,000.00$           10,000.00$             10,350.00$           10,350.00$            10,436.00$           10,436.00$            4,580.00$             4,580.00$                75 Dual-Faced Cement Conc. Traffic Curb 8-04 160 LF 30.00$                  4,800.00$                48.00$                  7,680.00$               85.00$                  13,600.00$             53.00$                  8,480.00$               54.00$                  8,640.00$               55.00$                  8,800.00$                76 Cement Conc. Pedestrian Curb 8-04 70 LF 30.00$                  2,100.00$                34.00$                  2,380.00$               50.00$                  3,500.00$               47.00$                  3,290.00$               38.00$                  2,660.00$               48.00$                  3,360.00$                77 Extruded Curb 8-04 140 LF 40.00$                  5,600.00$                28.00$                  3,920.00$               25.00$                  3,500.00$               26.50$                  3,710.00$               42.00$                  5,880.00$               25.00$                  3,500.00$                78 Mountable Cement Conc. Traffic Curb 8-04 1,170 LF 30.00$                  35,100.00$             21.00$                  24,570.00$             37.00$                  43,290.00$             26.50$                  31,005.00$            41.00$                  47,970.00$            55.00$                  64,350.00$             79 Roundabout Truck Apron Cement Concrete Curb an 8-04 330 LF 40.00$                   13,200.00$              45.00$                   14,850.00$              42.00$                   13,860.00$              35.50$                   11,715.00$             50.00$                   16,500.00$             78.00$                   25,740.00$             80 Dowelled Cement Conc. Traffic Curb 8-04 SP 270 LF 30.00$                  8,100.00$                36.00$                  9,720.00$               53.00$                  14,310.00$             54.00$                  14,580.00$            45.00$                  12,150.00$            55.00$                  14,850.00$             81 Cement Conc. Curb and Gutter Type 1 8-04 SP 1,800 LF 30.00$                  54,000.00$             24.00$                  43,200.00$             38.00$                  68,400.00$             27.00$                  48,600.00$            42.00$                  75,600.00$            42.00$                  75,600.00$             82 81 Cement Concrete Driveway Approach Type 2 8-06 SP 190 SY 110.00$                 20,900.00$              58.00$                   11,020.00$              84.00$                   15,960.00$              83.00$                   15,770.00$             63.00$                   11,970.00$             120.00$                 22,800.00$             83 82 Raised Pavement Marker Type Blue 8-09 SP 2 EA 50.00$                  100.00$ 44.00$                  88.00$ 40.00$                  80.00$ 45.00$                  90.00$ 239.00$                478.00$                  40.00$                  80.00$  84 83 Adjustment Monument Case and Cover 8-13 SP 4 EA 500.00$                2,000.00$                252.00$                1,008.00$               950.00$                3,800.00$               650.00$                2,600.00$               2,386.00$             9,544.00$               550.00$                2,200.00$                85 84 Monument, Monument Case, and Cover 8-13 SP 1 EA 1,200.00$             1,200.00$                3,100.00$             3,100.00$               2,300.00$             2,300.00$               2,200.00$             2,200.00$               2,386.00$             2,386.00$               650.00$                650.00$                   86 85 Cement Conc. Curb Ramp Type Perpendicular 8-14 SP 67 SY 350.00$                 23,450.00$              71.00$                   4,757.00$                250.00$                 16,750.00$              195.00$                 13,065.00$             190.00$                 12,730.00$             155.00$                 10,385.00$             87 86 Cement Conc. Curb Ramp Type Single Direction A 8-14 SP 81 SY 350.00$                 28,350.00$              93.00$                   7,533.00$                140.00$                 11,340.00$              154.00$                 12,474.00$             190.00$                 15,390.00$             155.00$                 12,555.00$             88 87 Median Cut-Through Cement Conc. Curb Ramp 8-14 SP 44 SY 90.00$                   3,960.00$                 188.00$                 8,272.00$                200.00$                 8,800.00$                225.00$                 9,900.00$                340.00$                 14,960.00$             160.00$                 7,040.00$                89 88 Cement Conc. Sidewalk 8-14 SP 1,550 SY 60.00$                   93,000.00$              50.00$                   77,500.00$              70.00$                   108,500.00$            71.00$                   110,050.00$           47.00$                   72,850.00$             70.00$                   108,500.00$           90 89 Cement Conc. Bicycle Ramp 8-14 SP 64 SY 120.00$                7,680.00$                58.00$                  3,712.00$               100.00$                6,400.00$               100.00$                6,400.00$               177.00$                11,328.00$            160.00$                10,240.00$             91 90 Cement Conc. Bus Shelter Pad 8-14 SP 24 SY 150.00$                3,600.00$                195.00$                4,680.00$               160.00$                3,840.00$               130.00$                3,120.00$               340.00$                8,160.00$               245.00$                5,880.00$                92 91 18” Cement Conc. Border 8-14 SP 1,040 LF 40.00$                  41,600.00$             29.00$                  30,160.00$             40.00$                  41,600.00$             35.50$                  36,920.00$            45.00$                  46,800.00$            35.00$                  36,400.00$             93 92 ADA Ramp 8-14 SP 1 LS 15,000.00$            15,000.00$              34,800.00$            34,800.00$              34,000.00$            34,000.00$              38,000.00$            38,000.00$             5,336.00$              5,336.00$                3,540.00$              3,540.00$                94 93 Illumination System, Pedestrian 8-20 SP 1 LS  $          58,000.00 58,000.00$             90,000.00$           90,000.00$             55,000.00$           55,000.00$             59,000.00$           59,000.00$            89,596.00$           89,596.00$            67,800.00$           67,800.00$             95 94 Illumination System, Roadway 8-20 SP 1 LS  $        405,000.00 405,000.00$           435,000.00$        435,000.00$          415,000.00$        415,000.00$           493,000.00$        493,000.00$          499,673.00$        499,673.00$          488,798.00$        488,798.00$           96 95 Monument Sign Lighting 8-20 SP 1 LS  $            7,000.00 7,000.00$                9,000.00$             9,000.00$               10,000.00$           10,000.00$             8,330.00$             8,330.00$               11,207.00$           11,207.00$            11,540.00$           11,540.00$             97 96 Center Island Receptacle System 8-20 SP 1 LS  $            4,000.00 4,000.00$                4,700.00$             4,700.00$               3,500.00$             3,500.00$               4,400.00$             4,400.00$               6,889.00$             6,889.00$               4,128.00$             4,128.00$                98 97 Replace Existing Junction Box with New Junction Bo 8-20 SP 1 EA  $            2,000.00 2,000.00$                 4,700.00$              4,700.00$                4,500.00$              4,500.00$                4,150.00$              4,150.00$                8,368.00$              8,368.00$                5,145.00$              5,145.00$                99 98 RRFB System (204th St NE & Olympic Pl)8-20 SP 1 LS  $        128,000.00 128,000.00$            105,000.00$         105,000.00$           91,000.00$            91,000.00$              98,650.00$            98,650.00$             119,385.00$         119,385.00$           119,780.00$         119,780.00$           100 99 Loop Replacement Type 2 8-20 SP 1 EA  $            1,200.00 1,200.00$                2,000.00$             2,000.00$               4,000.00$             4,000.00$               1,830.00$             1,830.00$               3,895.00$             3,895.00$               3,200.00$             3,200.00$                101 10 Permanent Signing 8-21 1 LS  $          13,100.00 13,100.00$              20,000.00$            20,000.00$              10,000.00$            10,000.00$              24,000.00$            24,000.00$             8,946.00$              8,946.00$                22,780.00$            22,780.00$             102 10 Monument Sign 8-21 SP 1 EA  $          10,000.00 10,000.00$              35,000.00$            35,000.00$              40,000.00$            40,000.00$              31,350.00$            31,350.00$             25,941.00$            25,941.00$             1,654.00$              1,654.00$                103 10 Paint Line 8-22 3,350 LF  $ 2.00 6,700.00$                1.50$ 5,025.00$               1.10$ 3,685.00$               1.20$ 4,020.00$               2.00$ 6,700.00$               1.50$ 5,025.00$                104 10 Plastic Wide Lane Line 8-22 160 LF  $ 5.00 800.00$                   5.00$ 800.00$                  4.60$ 736.00$ 5.00$ 800.00$                  5.00$ 800.00$                  5.00$ 800.00$                   105 10 Painted Wide Lane Line 8-22 370 LF  $ 3.00 1,110.00$                1.50$ 555.00$                  1.10$ 407.00$ 1.20$ 444.00$                  4.00$ 1,480.00$               1.50$ 555.00$                   106 10 Plastic Crosswalk Line 8-22 450 SF  $ 6.00 2,700.00$                9.00$ 4,050.00$               8.00$ 3,600.00$               8.00$ 3,600.00$               10.00$                  4,500.00$               7.50$ 3,375.00$                107 10 Plastic Traffic Arrow 8-22 6 EA  $                150.00 900.00$                   165.00$                990.00$                  150.00$                900.00$ 150.00$                900.00$                  626.00$                3,756.00$               145.00$                870.00$                   108 10 Plastic Traffic Letter 8-22 20 EA  $                100.00 2,000.00$                 89.00$                   1,780.00$                80.00$                   1,600.00$                83.00$                   1,660.00$                113.00$                 2,260.00$                80.00$                   1,600.00$                109 10 Pedestrian Handrail 8-26 SP 256 LF  $                100.00 25,600.00$             200.00$                51,200.00$             200.00$                51,200.00$             284.00$                72,704.00$            285.00$                72,960.00$            261.00$                66,816.00$             110 Flaggers 1-10 SP 2,160 HR  $                  70.00 151,200.00$           60.00$                  129,600.00$          59.00$                  127,440.00$           63.75$                  137,700.00$          63.00$                  136,080.00$          66.00$                  142,560.00$           111 Ductile Iron Pipe for Water Main 12 In. Diam. 7-09 SP 60 LF  $                200.00 12,000.00$             193.00$                11,580.00$             250.00$                15,000.00$             330.00$                19,800.00$            92.00$                  5,520.00$               160.00$                9,600.00$                Total 2,672,489.00$        Total 2,488,904.00$       2,586,874.00$        2,658,491.00$       2,731,008.00$       3,256,146.00$        City of Arlington Council Agenda Bill Item: CA #5 Attachment D COUNCIL MEETING DATE: June 1, 2020 SUBJECT: Contract with KBA for Construction Management (CM) services for the BNSF Rail/Trail Project ATTACHMENTS: KBA Construction Management Scope of Work and Fee DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director – 360-403-3505 EXPENDITURES REQUESTED: $ 23,600 BUDGET CATEGORY: FHWA Grant, Transportation Improvement Funds ($395,000.00 budgeted 2019 – will move to 2020) BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Scope of Work and Fee for KBA, Inc. to provide construction management services to support the BNSF Rail Trail Project. HISTORY: In 2017 City staff applied for and received a grant from WSDOT/FHWA to fund safety improvements at the 67thvery dangerous and is the location of numerous and severe accidents. The project will upgrade the railroad signal system to LED, install additional pedestrian lights and modify the railroad crossing approach to be more perpendicular to reduce accidents. The BNSF Rail Trail construction was bid and awarded to PNW Civil in April 2020. Due to federal funding requirements, the city is required to have an outside Construction Management firm manage KBA, Inc. April 27, 2020 \\Kba-server\kba-data\Projects\Contracts\Client\Arlington\BP-20-024-01 Arlington 67th Avenue\Drafts&NegotiationRecords\In-houseDrafts\Agreement\SCOPE-Arlington67th- v4.docx 1 of 6 EXHIBIT A SCOPE OF SERVICES Construction Management Services for 67th Ave Rail/Trail Crossing Improvement KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Arlington (City) for the Project known as 67th Ave Rail/Trail Crossing Improvement. These services will include consultation, contract administration, field observation, and documentation as required during the construction of the Project, as detailed below. Project Description: The Centennial Trail alignment through Arlington is located on the east side of 67th Ave and crosses the Burlington Northern Santa Fe railroad tracks at a very skewed angle (approx. 30-degree angle). The proposed solution is for advanced rail crossing signalization and realignment of the trail so that it crosses the rails at a perpendicular angle. The Designer of Record on this project is TerraVista NW LLC (Designer). I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract Management. Provide overall day-to-day management of the consultant contract and staff, including: 1. Decide on best modes and frequency of communication with City and Designer. Liaison and coordinate with City on a regular basis to discuss Project issues and status. 2. Review monthly expenditures and CM team scope activities. Prepare and submit to City monthly, an invoice and progress report describing CM services provided that month. Deliverables  Monthly invoices and progress reports B. Preconstruction Services 1. Review Contract Documents to familiarize team with Project requirements. 2. Organize and lead preconstruction conference: a. Prepare and distribute notices. b. Prepare agenda. c. Conduct the meeting. d. Prepare and distribute meeting notes to attendees and affected agencies. 3. Provide one set of preconstruction photographs. Deliverables  Preconstruction Conference Notice, Agenda, and Notes  Preconstruction photos, digital files on electronic storage medium C. Construction Phase Services – Contract Administration 1. Liaison with the City, construction contractor, Designer, appropriate agencies, property owners, and utilities. 2. Schedule Review: a. Review construction contractor’s schedules for compliance with Contract Documents. KBA, Inc. April 27, 2020 \\Kba-server\kba-data\Projects\Contracts\Client\Arlington\BP-20-024-01 Arlington 67th Avenue\Drafts&NegotiationRecords\In-houseDrafts\Agreement\SCOPE-Arlington67th- v4.docx 2 of 6 b. Monitor the construction contractor’s conformance to schedule and require revised schedules when needed. Advise City of schedule changes. 3. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including City pre-briefing. Prepare weekly meeting agenda and meeting notes and distribute copies to attendees. Track outstanding issues on a weekly basis. 4. Update CM Plan as needed to reflect changes in policy and/or procedure that occur during the Project, and orient CM Team to the changes. 5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 6. Record of Materials. Provide and maintain Record of Materials indicating anticipated material approvals, material compliance documentation, and materials testing requirements. Maintain records of material compliance documentation received and advise City and Contractor of any known deficiencies. 7. Prepare weekly statement of working days and distribute to the City and Contractor. 8. Manage RFI (Request for Information) process. Track and review/evaluate RFIs, or cause to be reviewed/evaluated by other appropriate party. Manage responses to RFIs. 9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment requests submitted by the construction contractor for comparison and reconcile differences. Review with Agency and Contractor, and recommend approval, as appropriate. 11. Evaluate construction contractor’s Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 12. Notify construction contractor of noncompliance or deficiencies. 13. Prevailing Wage Monitoring: a. Monitor Payroll Compliance. Review Statements of Intent to Pay Prevailing Wage against the Contract Document requirements. Collect, record, and check weekly certified payrolls and conduct on-site wage interviews, both at a frequency documented in accordance with Agency guidelines. 14. Assist the City in the investigation of malfunctions or failures during construction. 15. Public Information. Provide information for City to prepare media communications and public notices on Project status. Provide information for City’s inclusion into a Project website and/or newsletters, if requested. 16. Record Drawings. Review not less than monthly, the construction contractor’s redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor-prepared Record Drawings. 17. Document Control. Establish and maintain document filing and tracking systems, following City guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. a. One hard copy of files will be kept in the Project field office. b. Electronic documentation will be stored in a Project Website, using SharePoint software, managed and hosted by the Consultant. The City will be provided with up to 3 licenses for their and the construction contractor’s use of the SharePoint website during the KBA, Inc. April 27, 2020 \\Kba-server\kba-data\Projects\Contracts\Client\Arlington\BP-20-024-01 Arlington 67th Avenue\Drafts&NegotiationRecords\In-houseDrafts\Agreement\SCOPE-Arlington67th- v4.docx 3 of 6 Project. Consultant will provide one training session each for City and construction contractor users of the SharePoint system. c. The Project SharePoint site will transition to “read-only” access upon expiration of the Agreement, or upon project completion and transfer of final records, whichever occurs first. Transference of final records will include a digital copy of the files stored in the Project SharePoint site. Access to SharePoint will expire following that date. 18. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. 19. Project Closeout. Prepare Letters certificates of Substantial (including punch list), Physical, and Final Completion for City approval and signature. Prepare final pay estimate for City approval and processing. 20. Final Records. Compile and convey final Project records, transferring to the City for archiving at final acceptance of the Project. Records will consist of hard copy originals and electronic records on electronic storage medium. Deliverables  Schedule Review Comments  Meeting Agendas and Notes  Submittal Log  Record of Materials  RFI Log  Change Order(s)  Progress Pay Requests  Certificates of Completion  Final records – hard copy and electronic D. Construction Phase Services – Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant’s personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes. Advise the City of any non-conforming work observed during site visits. 3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor’s operations as actually observed by the Consultant; includes quantities of work placed that day, contractor’s equipment and crews, and other pertinent information. 4. Interpret Construction Contract Documents, in coordination with Designer. 5. Evaluate issues which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records and documents to help facilitate administration of the Project in accordance with funding agency requirements. KBA, Inc. April 27, 2020 \\Kba-server\kba-data\Projects\Contracts\Client\Arlington\BP-20-024-01 Arlington 67th Avenue\Drafts&NegotiationRecords\In-houseDrafts\Agreement\SCOPE-Arlington67th- v4.docx 4 of 6 9. Attend and actively participate in regular on-site meetings. 10. Take periodic digital photographs during the course of construction. Photographs to be labeled and organized as detailed in the CM Plan. 11. Punch List. Upon substantial completion of work, coordinate with the City and affected agencies, to prepare a ‘punch list’ of items to be completed or corrected. Coordinate final inspection with those agencies. 12. Testing. Cause to be conducted, materials and laboratory tests. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and inform City and construction contractor of deficiencies. Deliverables  IDRs with Project photos – submitted on a weekly basis  Field Note Records and Daily Reports of Force Account Worked and other source documents  Punch List(s) E. Assumptions 1. Budget: a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted for a 45 working day period, from May 1, 2020 through July 3, 2020. This is intended to span the originally planned construction duration, plus time allotted for Project setup and closeout. Overtime has not been figured into the budget. b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover such instances as the following, City and Consultant will negotiate a supplement to this Agreement: i. The contractor’s schedule requires inspection coverage of extra crews and shifts. ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms as outlined in Section V of the LAG Agreement. v. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent differential for labor will be applied to all night shift hours worked by Consultant’s employees. c. The budget allocations shown on Exhibit B are itemized to aid in Project tracking purposes only. The budget may be transferred between people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. d. The budget assumes that Consultant’s standard forms, logs, and processes will be used on the Project SharePoint site. Any customization to meet specialized City requirements will be Extra Work. e. Should Consultant’s level of effort extend beyond the time period detailed in the attached Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1, with 30-day written notice to Agency. 2. Items and Services City will provide: a. Meeting arrangements and facilities for preconstruction meetings. b. Field office, including: KBA, Inc. April 27, 2020 \\Kba-server\kba-data\Projects\Contracts\Client\Arlington\BP-20-024-01 Arlington 67th Avenue\Drafts&NegotiationRecords\In-houseDrafts\Agreement\SCOPE-Arlington67th- v4.docx 5 of 6 i. workstations (desk, chair, and storage) for one 1 staff ii. conference table and chairs iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color iv. miscellaneous office supplies v. utilities and sanitary facilities c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. d. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. e. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor. Obtain all permits not required to be provided by construction contractor. f. Construction Survey. Provide project control survey and staking that is not already assigned to the construction contractor. 3. Scope: a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. b. Consultant will provide inspection services for the days/hours that its’ Inspector(s) personnel is/are on-site. The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. c. The Consultant’s monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non-conforming work and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor’s performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City’s expectations. d. Definitions and Roles. The use of the term “inspect” in relation to Consultant services is synonymous with “construction observation,” and reference to the “Inspector” role is synonymous with “Field Representative,” and means: performing on-site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the City if Work does not conform to the Contract Documents or requires special inspection or testing. Where “Specialty Inspector” or “specialty inspection” is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. e. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the City immediately for resolution. f. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for KBA, Inc. April 27, 2020 \\Kba-server\kba-data\Projects\Contracts\Client\Arlington\BP-20-024-01 Arlington 67th Avenue\Drafts&NegotiationRecords\In-houseDrafts\Agreement\SCOPE-Arlington67th- v4.docx 6 of 6 construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. g. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. h. Reviewing and commenting on contractor’s schedules, is for the purpose of estimating number of days to complete a project, and for identifying potential schedule and coordination challenges and determining compliance with the construction contract. It is not a guarantee that a construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. i. Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. j. RCW 4.24.115 is applicable to Consultant’s services provided under this Agreement. k. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period. Nothing in the Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other. l. City agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media submitted to City, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant’s knowledge. m. Consultant will not be liable for any damage to the field office premises or utilities provided by City, unless caused by Consultant’s own negligence. n. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement, KBA will perform services under the following assumptions, and such assumptions are assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE will identify each and any item considered to be “State’s Confidential Information” as “confidential”, as detailed below. Any information received by CONSULTANT that is not so labeled, will be assumed by CONSULTANT to not be “State’s Confidential Information”. CONSULTANT will return all items pre-identified as State’s Confidential Information, to the AGENCY, and will not be required to take any other steps to protect that information. II. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the City, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. Project Name:Arlington 67th Ave Month May-20 Jun-20 Jul-20 Client Project No.: TBD Days/Mo 20 22 22 KBA Project No.: B20024-01 Hr/Mo 160 176 176 Contract Type: Cost + Net Fee (on DSC only) Extra Work 12% 12% 12% Date Prepared:dj Hr/Mo 179 197 197 Prepared by: Sam Schuyle Salary Escalation 5% KBA Labor Hours Job Classification 2020 Rate 2021 Rate Total Hours 2020 Total May-20 Jun-20 Jul-20 K Adams (M4) Principal in Charge $93.36 $98.03 2 2 1 1 - Sam Schyle (M2) Project Manage $75.24 $79.00 6 6 2 2 2 Jill Carte (A4) CA $39.48 $41.45 8 8 4 2 2 Micael Serrano (E4) RE/OE/Inspecto $46.00 $48.30 58 58 20 20 18 Vivian Collica (P3) Project Admin $35.20 $36.96 24 24 8 8 8 TBD Intern Inspecto $25.00 $26.25 128 128 43 43 42 Subtotal - KBA Labor Hours 226 226 78 76 72 Direct Expenses Item Total Costs 2020 Total May-20 Jun-20 Jul-20 Vehicles @ $6/hour (plus tax) prorated, for partial month 1,231$ 1,231 417 417 397 Misc: Supplies, Equipment, Copies, Postage 1,076$ 1,076 388 388 300 Subtotal - Direct Expenses 2,307$ 2,307 805 805 697 Combined Costs Job Classification 2020 Rate 2021 Rate Total DSC 2020 Total May-20 Jun-20 Jul-20 K Adams (M4) Principal in Charge $93.36 $98.03 187$ 187 93 93 - Sam Schyle (M2) Project Manage $75.24 $79.00 451$ 451 150 150 150 Jill Carte (A4) CA $39.48 $41.45 316$ 316 158 79 79 Micael Serrano (E4) RE/OE/Inspecto $46.00 $48.30 2,668$ 2,668 920 920 828 Vivian Collica (P3) Project Admin $35.20 $36.96 845$ 845 282 282 282 TBD Intern Inspecto $25.00 $26.25 3,200$ 3,200 1,075 1,075 1,050 Direct Salary Costs 7,667$ 7,667 2,678 2,599 2,389 Overhead (Home) @ 1,599$ 1,599 674 541 385 Overhead (Field) @ 9,727$ 9,727 3,299 3,299 3,129 Subtotal (DSC + OH)18,993$ 18,993 6,651 6,439 5,903 Fee (on DSC only) @ 2,300$ 2,300 804 780 717 Subtotal (DSC + OH + Fee)21,293$ 21,293 7,454 7,219 6,620 Direct Expenses (No Markup)2,307$ 2,307 805 805 697 TOTAL ESTIMATED COSTS 23,600$ 23,600 8,259 8,024 7,317 Rounded to nearest whole dollar. CONFIDENTIAL & PROPRIETARY TO KBA, INC. De t e r m i n a t i o n of H o u r s 167.65% 144.90% 30.00% 5/1/2020 45 Working Days Sc h e d u l e Printed: 5/4/2020 10:07 AM \\Kba-server\kba-data\Projects\Contracts\Client\Arlington\BP-20-024-01 Arlington 67th Avenue\Drafts&NegotiationRecords\In-houseDrafts\Agreement\ESTIMATE-Arlington67th-v2 City of Arlington Council Agenda Bill Item: NB #1 Attachment E sign the grant agreement. DEPARTMENT OF COMMERCE CORONAVIRUS RELIEF FUND Revenue Expenses Grant Award 592,000.00$ Budget Rent Relief Program (economic stabilization)200,000.00$ Arlington Resource Center (economic stabilization)100,000.00$ City Expenses - COVID*292,000.00$ TOTAL 592,000.00$ 592,000.00$ * City Expenses - COVID Masks mailed to citizens (Public Health)30,000.00$ Curbside pickup signs (economic stabilization)750.00$ COVID expenses (thru 5/20) 25,000.00$ WSU Downtown Recovery (economic stabilization)28,000.00$ City of Arlington Council Agenda Bill Item: NB #2 Attachment F Business Rent Relief Grant Program. COVID-19 is causing a catastrophic economic impact nationwide, and Arlington small businesses are no exception. The City recognizes the role of our small businesses in providing jobs to our residents and through sales tax collections to fund the services that are critical to our public. The Business Rent Relief Grant is a piece to the overall recovery. The maximum award per Arlington Business is $3,500. The business must meet criteria, including: have a physical location inside city limits, have a current city business license, and have a business sustainability plan. A draft application is attached. Scoring criteria includes: business sales tax generator, business survival outlook, how business has been affected by COVID-19 closure, if grant will allow business to re-open, retain/rehire employees, which phase business is allowed to fully open, how many years in business, and business recovery plan. City of Arlington Council Agenda Bill Item: NB #2 Attachment F pg. 1 City of Arlington Business Rent Relief Grant Program Applications will be open June 2 and will be accepted through June 8 at 10:00 a.m. No applications will be accepted after this deadline. Mailed applications must be received by deadline. Qualifying applications will be scored and priority will be given to those received first. Mail application to: Community Revitalization, 238 N Olympic Ave, Arlington, WA 98223 Or email application to: administration@arlingtonwa.gov Or Fax application to: 360-403-4605 Questions: Contact Kristin Garcia kgarcia@arlingtonwa.gov 360-403-3431 or Sarah Lopez 360-403-3448 slopez@arlingtonwa.gov Background: The City of Arlington announces the availability of funds for small businesses through the Arlington Business Rent Relief Program. Funding through the Federal 2020 CARES Act and distributed to Arlington through the WA Department of Commerce. Goal: COVID-19 is causing a catastrophic economic impact nationwide, and Arlington small businesses are no exception. The City recognizes the role of our small businesses in providing jobs to our residents, and through sales tax collections to fund the services that are critical to our public. The Business Rent Relief Grant is a piece to the overall recovery. The focus of this grant program is for small businesses that are critical to supporting our community’s broad-based recovery. Priority will be given to dining, retail, and service sector establishments. Funding: The City has $200,000 to distribute to qualifying small businesses for grants up to $3,500 to cover one to two month’s rent/lease/mortgage (up to $3,500 per award). Grants will be awarded one time per business. Eligibility Criteria (must meet all of the following): • Have a physical location in Arlington city limits (not including home occupancy businesses) • Have a current City of Arlington business license (one application per business license) http://arlingtonwa.gov/251/Business-Licenses • Have 10 or less full time employees (including owner, not including part-time employees) • Have been negatively impacted by COVID-19 • Are applying for eligible lease/rent/mortgage payments • Must be at least 51% majority owner in the business • Must have a business recovery/sustainability plan • Having received or applied for other assistance does not make you ineligible for this grant. Eligible costs: Eligible costs are for payment or reimbursement of existing and current lease/rent/mortgage payments. Documentation of expense is required. Grant review process: City of Arlington Finance Director and Community Revitalization Manager will collect grant applications and compile results. Grants to be awarded by the Mayor and City Council. pg. 2 Application Information Date: Submitted by: Title: Business owner name: Business name: Type of business and industry: Business address: Applicant home address: Contact telephone: Contact email: UBI number: DUNS number: City of Arlington business license number: Business organization format: sole proprietor LLC corporation partnership Number of employees, including yourself: full time part-time Application Questions 1. Provide a short description of your business: 2. How your business has been negatively impacted by COVID-19 (mark any or all that apply): Reduced hours Reduced staff Closed No impact Other 3. Have you had to furlough or lay off employees? Lay off Furlough #part-time #fulltime 4. Will this grant allow you to (mark any or all that apply): Reopen Retain/rehire employees 5. Request amount (maximum request is $3,500): 6. What is your current monthly rent/lease/mortgage payment amount? 7. Are you current with payment within 30 Days 60 Days 90 or More Days 8. Have you applied for any financial assistance (this will not affect eligibility)? (mark any or all that apply) Payroll Protection Program SBA Loans WA State Small Business Grant other 9. How probable is it that your business will survive with this grant? Expected to Survive Unknown Not Likely 10. What phase can your business fully reopen? 11. How many years in business? Less than 1 year 1-5 years 6 or more years pg. 3 Attachments • Proof of current monthly rent/lease mortgage – submit proof of your last two monthly payments made • Your business sustainability plan. For information on plans, go to: http://arlingtonwa.gov/666/Business-Resources-COVID-19 Required certification: If a grant is awarded to my business, I agree that the grant will be used to pay for existing and current lease, rent, or mortgage payments relating to my business. As a condition of receiving these grants, my business will follow the State of Washington’s Proclamation 20-25.3 and the Governor’s “Safe Start” plan, Phased Approach to reopening businesses and physical distancing recommendations. I certify that my business has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action to restrain others from the preparation and submission of a proposal to the City of Arlington for consideration in the award of this grant. Owner Name Owner Signature Date City of Arlington Council Agenda Bill Item: NB #3 Attachment G COUNCIL MEETING DATE: June 1, 2020 SUBJECT: FCS Group Cost of Service Update ATTACHMENTS: Proposal and Contact DEPARTMENT OF ORIGIN EMS; Dave Kraski, Fire Chief – 360-403-3607 EXPENDITURES REQUESTED: $20,000.00 BUDGET CATEGORY: EMS BUDGETED AMOUNT: Budget amendment LEGAL REVIEW: DESCRIPTION: EMS contracts with EMS partners outlines a fee study update in 2020 to re-establish 2021 and 2022 rates. This request will initiate the study update with the FCS group. HISTORY: Arlington Fire has provided EMS services to Fire Districts 19 (Silvana), 21 (Arlington Heights) and 25 (Oso) for decades. Beginning in 2019, the previous rate model was discontinued, and a cost for service model was established by the FCS Group. The current EMS contracts outline a fee study Firm Headquarters Redmond Town Center 7525 166th Ave NE, Ste D-215 Established in 1988 Washington | 425.867.1802 Oregon | 503.841.6543 CITY OF ARLINGTON FIRE DEPARTMENT EMS COST OF SERVICE UPDA TE The following work tasks have been developed to update the City’s Fire Department EMS Cost of Service Study. The study will analyze the cost of service of providing emergency medical services to Fire Districts 19, 21, and 25. Our approach offers transparency in documentation, collaboration with staff , and clear communication with the City management team and Council on any poli cy considerations. As defined in the task plan, we follow a structured method to arrive at our conclusions, which enables us to perform the work in an orderly, efficient and results-oriented manner. Because of the current COVID-19 social distancing restri ctions, we will conduct our meetings and discussions remotely with City staff using conference calls and other remote meeting methods as necessary. TASK PLAN TASK 1 | KICK -OFF MEETING AND BACKGROUND REVIEW A project kick-off meeting will be scheduled before the commencement of the project with the consultant and City project team. This meeting will establish the goals and objectives of the overall project and focus the efforts of the project team. The items covered at the meeting include review of the scope of work, identify project objectives, expectations and deliverables, outline the project schedule and key milestone review points and discuss appropriate lines of communication. We have budgeted this meeting to be conducted via remote session. We will also compile and issue a data request for information such as the 2019 actual and 2020 budgeted revenues and expenditures, the 2019 incident data, daily unit staffing, and any other documentation related to our previous cost of services analysis. TASK 2 | UPDATE THE COST OF SERVICE FRAMEWORK Based on the kick-off meeting, we will update the cost of service framework and analytical model to reflect any changes to the district agreements that have occurred since the previous work was completed, such as accounting for District 24’s initiation of its own ALS emergency medical services or changes in the Department’s organizational structure and responsibilities. TASK 3 | ANALYZE THE CITY’S INCIDENT DATA Using the 2019 incident data or additional years as desired by the City, we will analyze the data to determine the number of incidents and the time spent responding to fire and EMS incidents within City of Arlington Fire Department EMS Cost of Service Update May 2020 page 2 www.fcsgroup.com the City and outside of the City in the various fire districts that contract with the City for fire and/or EMS services. TASK 4 | IDENTIFY AND ANALYZE THE COST OF SERVICE FOR FIRE AND EMERGENCY MEDICAL SERVICES We will update the previous analysis using the budgeted 2020 revenues and expenditures related to the City’s Fire Department. We will forecast both fire and EMS costs based on the adjusted 2019 incident data to account for the loss of District 24’s incidents. The cost of service analysis will identify the EMS costs associated with serving each neighboring fire district. One issue that we will also address is how the SAFER grant should be accounted for and how any subsequent matching or General Fund contributions should be handled. TASK 5 | PREPARE A SUMMARY PRESENTATION Once we have completed the cost of service analysis, we will prepare and make a presentation for City staff to review the assumptions and results and to make any adjustments as needed. If any adjustments are needed, the analysis and presentation will be modified, and a final presentation will be provided to the City. A formal report will not be prepared, but any assumptions, charts, and tables will be provided to the City as presentation materials. TASK 6 | PROJECT ADMINSITRATION This task includes the various administrative activities that will take place during the study such as the administrative support to do billing, conduct team meetings, and provide any progress reports to the City. Other project administration costs might also include scheduling and coordination activities. OPTIONAL TASK 7 | FORECAST AMBULANCE UTILITY RATES If the City decides to continue providing its own fire and EMS services rather than joining a regional fire authority, full cost ambulance utility rates will also be forecasted for four years to 2020-2023 and be compared to the current ambulance utility rates. The City will then decide separately if it wants to increase its rate or increase any General Fund subsidy that will be used to offset any costs associated with the ambulance utility. A scenario can be developed showing the rate impact of providing the same or a different level of General Fund support to the ambulance utility. OPTIONAL TASK 8 | MAKE A CITY COUNCIL PRESENTATION As an optional task, we can make a City Council presentation on the results of the study, if necessary. We will prepare the same final presentation as that provided to the City staff . City of Arlington Fire Department EMS Cost of Service Update May 2020 page 3 www.fcsgroup.com BUDGET We have detailed each task to offer the City flexibility to select a combination of tasks to meet any budget constraints and are willing to work with the City on prioritizing the various tasks based on its current goals and objectives. Our normal billing practice is to bill based on the actual time and materials not to exceed the total budget. Technical Adv.Proj. Mgr.Sr. Analyst Admin.Total Tasks Moy Chaw Bozett Support Labor Hours Budget Effective Hourly Billing Rates:$220 $195 $145 $90 Task 1 – Kick-Off Meeting and Background Review 1 1 2 -4 $705 Task 2 – Update the Cost of Service Framework 1 2 8 -11 $1,770 Task 3 – Analyze the City’s Incident Data 2 4 8 -14 $2,380 Task 4 – Identify and Analyze the Cost of Service For Fire and EMS 8 2 36 -46 $7,370 Task 5 – Prepare a Summary Presentation 2 2 4 -8 $1,410 Task 6 – Project Administration 2 4 2 3 11 $1,780 Expenses $200 Project Budget 16 15 60 3 94 $15,615 Optional Task 7 – Forecast Ambulance Utility Rates 2 4 16 -22 $3,540 Optional Task 8 – Make City Council Presentation 2 2 --4 $830 Total Project Budget With Optional Tasks 20 21 76 3 120 19,985$ Consultant Hours City of Arlington Council Agenda Bill Item: NB #4 Attachment H 1 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.7.10.19.F AGREEMENT FOR BATTALION CHIEF SERVICES THIS AGREEMENT is entered into by and between CITY OF ARLINGTON, a municipal corporation, hereinafter referred to as “City,” and the MARYSVILLE FIRE DISTRICT, the combined fire departments of Snohomish County Fire Protection District No. 12 a Regional Fire Authority,and the City of Marysville, hereinafter referred to as “MFD.” 1. PURPOSE/ AUTHORITY. MFD maintains and operates a full-service fire and EMS department. MFD command structure includes the utilization of Battalion Chiefs. City has a need for Battalion Chief services and MFD has the ability, subject to the limitations set forth herein, to supply the needed services to City. This Agreement sets forth the terms and conditions under which the needed services will be provided. Chapter 39.34 RCW the Interlocal Cooperation Act provides authority to enter into such agreements and Chapter 10.93 RCW authorize the mutual aid of officers to enforce traffic and criminal laws of the state throughout the territorial boundaries of the State of Washington. 2. TERM. This Agreement shall be effective July 1, 202019 and shall terminate June 30,December 31, 20201. This Agreement may be renewed by mutual written agreement of the parties. 3. BATTALION CHIEF SERVICES. a. Dispatched Services. MFD shall furnish Battalion Chief services as requested by the City within the geographical boundaries of City and within such other areas as the City has agreed to provide mutual aid. Said services shall be rendered on the same basis as such services are rendered within MFD, but the MFD assumes no liability for failure to provide such services by reason of any circumstances beyond its control. In the event of simultaneous emergency calls, whether within or outside of City whereby the MFD on-duty Battalion Chief is taxed beyond his or her ability to render services, or if in the sole discretion of MFD a Battalion Chief is otherwise not available, MFD shall not be required to provide the services referenced herein. This agreement shall not prevent City from contracting with other agencies who are capable of providing Battalion Chief services by mutual aid or otherwise, in the event MFD is unable to respond or where response from another agency may be beneficial to the City. b. Non-Dispatched Services. "Upon giving reasonable written notice to MFD, the City may request additional Battalion Chief services for situations not involving an emergency dispatch. MFD may provide either an on-duty Battalion Chief or off-duty Battalion Chief for such situations. Examples of such situations may 2 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.7.10.19.F include training, special events, meetings, post incident analysis, etc. If an on- duty Battalion Chief is available without a need for backfill as determined as the sole discretion of MFD, the rate per hour shall be $154.50150 for the remainder of calendar year 2020 and $159.13 per hour for calendar year 2021, including travel time from the MFD station to the City and back. If the Battalion Chief is off- duty, or if Battalion Chief backfill is deemed necessary, the rate per hour shall be $154.50150 for the remainder of calendar year 2020 and $159.13 per hour for calendar year 2021, plus the additional cost to MFD in overtime above the employee's normal hourly rate. The provision of services non-emergency Battalion Chief services shall be in the discretion of MFD and on an as - available basis." 4. EQUIPMENT AND PERSONNEL. In providing the services, it is the intent of the parties that all equipment and supplies necessary for the Battalion Chief to provide services shall be provided by MFD and included within the hourly rates set forth above. 5. PAYMENT FOR SERVICES. City agrees to pay the MFD for the services provided under this Agreement on the following basis: a. The fee for Battalion Chief services shall be $154.50 per hour for the remainder of calendar year 2020150 and $159.13 per hour for calendar year 2021 with a one hour minimum per dispatch. MFD will provide ninety (90) days’ written notice of any changes in the established fee for service. b. Time shall be calculated from the time of dispatch from MFD to the time of return to duty to MFD. c. For off duty non dispatched services $ 154.50150 per hour for the remainder of calendar year 2020 and $159.13 for calendar year 2021 plus the additional cost to MFD in overtime above the employee's normal hourly rate. 6. BILLING SERVICES. MFD shall provide City with an invoice on a quarterly basis. Said invoice shall be payable within thirty (30) days of receipt by City. 7. REPORTS. MFD agrees to provide City with a copy of all records and reports indicating the number and nature of Battalion Chief responses by the MFD within the City that occur during the term of this Agreement, on not less than a quarterly basis. 8. ADMINISTRATION OF AGREEMENT. The MFD Fire Chief or his designee shall provide for the principal administration necessary to supervise the services provided under this Agreement. The written policies and procedures of MFD shall apply to the on duty Battalion Chief when providing services to the City. The MFD shall provide City with copies of all written policies and procedures and shall provide written 3 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.7.10.19.F notification of any material changes of such policies and procedures within seven (7) calendar days of such changes. 9. AUTHORIZATION TO USE PERSONNEL; CONDITIONS. a. The City and MFD each hereby authorize the utilization of the on-duty MFD Battalion Chief for the performance of Battalion Chief services to the City under the terms and conditions of thise Agreement. b. Each party agrees that all MFD Battalion Chiefs will at all times remain the full- time employee of MFD. c. CITY agrees to compensate MFD for the use of Battalion CHIEF as set forth in Section 5 of this agreement. d. Each party agrees that while Battalion Chief services are being provided by MFD to the City the Battalion Chief will be under the direct supervision of the MFD Fire Chief or designee. 10. REVIEW AND EVALUATION OF SERVICES. Upon request by the City, MFD shall periodically provide scheduled sessions with City Command staff, Chief or designee(s) to review and evaluate the services provided under this Agreement. 11. CONDUCT AND DISCIPLINE. a. While acting as Battalion Chief for the CITY the Battalion Chief shall familiarize him/herself with the policies and procedures of CITY. Such policies and procedures shall be applied to all City employees when the MFD Battalion Chief is providing services to the City. MFD policies and procedures will apply to the MFD Battalion Chief. b. If potential disciplinary action against a MFD Battalion Chief arises out of an incident while providing services to the CITY, . the City may request that a Battalion Chief be removed from service to the City. Only the MFD may take disciplinary action against a Battalion Chief under this Agreement. Each party will cooperate fully in the investigation of any disciplinary matter and while the CITY may recommend disciplinary action to MFD, the CITY shall have no right to subject a MFD Battalion Chief to disciplinary action. 12. INSURANCE. The MFD and the City each agree to maintain insurance coverage with limits and coverages as provided through the Washington Cities Insurance Authority and/or such other commercial carrier as the parties shall agree. City shall maintain adequate insurance coverage acceptable to MFD for its own equipment and personnel which shall include general liability, errors and omissions, and property damage for its personnel and vehicles. Upon request, the City shall provide proof of such insurance to MFD prior to commencement of this Agreement. 4 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.7.10.19.F 13. LIABILITY, INDEMNIFICATION AND DEFENSE OF THIRD-PARTY CLAIMS. a. The parties agree that ultimate financial liability for the errors and omissions of a MFD Battalion Chief arising from performance of this Agreement shall belong to the City. b. HOLD HARMLESS. The CITY, who has requested services under this Agreement agrees to save, hold harmless indemnify and defend MFD and its officers, officials, employees and elected officials from any loss, claim or liability arising from or out of the errors and omissions of MFD employees while providing Battalion Chief services under this Agreement, subject to paragraph (c) below. c. NOTHING HEREIN SHALL REQUIRE OR BE INTERPRETED TO: 1. Waive any defense arising out of RCW Title 51. 2. Limit or restrict the ability of either party to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims or third parties, including, but not limited to, any good faith attempts to seek dismissal or legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 3. Cover or require indemnification or payment of any judgment against any individual or party for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or city. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. 14. MODIFICATION. This Agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 15. ASSIGNMENT. In the event the City of Marysville, Fire District 12 or Marysville Fire District merges, consolidates or forms a Regional Fire Authority or other separate entity, this Agreement may be assigned and transferred to the new entity by mutual agreement of the City and MFD and with the acceptance in the sole discretion of MFD upon the written acceptance of such assignment or transfer by the new entity. In the 5 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.7.10.19.F event such assignment or transfer is not accepted, this Agreement may be terminated upon giving not less than thirty (30) days written notice. 16. PUBLIC RECORDS. MFD Each party will respond to public records requests relating to records in the possession of MFD said party resulting from performance of services by MFD under this Agreement. All other public records requests will be the sole responsibility of City. City agrees to save, hold harmless indemnify and defend MFD, its officers, agents, employees and elected officials from and against all costs, claims, lawsuits and liability resulting from MFD’s response to public records requests pursuant to this agreement. 17. NO THIRD-PARTY BENEFICIARIES. This Agreement is for the benefit of the signatory Parties only and no other person or entity shall have any rights whatsoever under this Agreement as a third-party beneficiary. 18. INTEGRATION. This Agreement constitutes the entire agreement and understanding between the Cities concerning the subject manner herein and shall supersede all prior agreements, oral or otherwise. 19. GOVERNING LAW AND VENUE; ATTORNEYS’ FEES. This Agreement shall be governed by the laws of the State of Washington. The venue for any action arising out of this Agreement shall be the Superior Court for Snohomish County, Washington. The substantially prevailing party in any such action shall be entitled to an award of its reasonable attorneys’ fees. 20. POSTING; RECORDING. This Agreement shall be effective upon posting on the MFD or City of Arlington Website or recording with the Snohomish County Auditor’s office pursuant to RCW 39.34.040. 21. SIGNATORY WARRANTY. Each signatory hereto warrants and represents that he/she has been authorized to execute this Agreement by appropriate action of the legislative body of his/her respective public entity. 22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in separate counterparts. 23. SEVERABILITY. Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. DATED this ______ day of ____________________, 202019. 6 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.7.10.19.F CITY OF ARLINGTON MARYSVILLE FIRE DISTRICT By___________________________ By___________________________ Barbara Tolbert, Mayor Martin McFalls, Fire Chief Approved as to Form: Approved as to Form: By______________________________ By____________________________ Steven J. Peiffle, City Attorney Grant K. Weed Attorney for Marysville Fire District Attest: Attest: By By Wendy Van Der MeerscheErin Keator, City Clerk Secretary to the Board City of Arlington Council Agenda Bill Item: NB #5 Attachment I to be used for construction of the new fire station, a police impound facility and/or a maintenance & operations bid results are favorable and come in less than $5,500,000. Here are the key points of the Ordinance; NO other parameters in the ordinance have changed. • The maximum dollar amount authorized is $5,500,000. • Funds must be used for the comaintenance & operations facility and any costs associated with issuance of the bonds. • The bonds will be issued by Sterling Bank. • The interest rate on the bonds is 2.35%, is fixed for the life of the bonds and is locked until 7/1/2020. If the bonds close after 7/1/2020 the rate is subject to change. • The maximum interest rate authorized in the Ordinance is 2.835%, the interest rate offered by Sterling Bank is lower than this amount. • The bonds mature 12/31/2040. The expected annual principal and interest payment is $343,000. • There is not a draw down feature in the Ordinance, this term was removed after review by the bank’s legal counsel. Sterling Bank’s proposal is still the most economical even without the drawn down provision. • The Ordinance authorizes the finance director and/or city administrator to finalize the sale of the bonds (and sign closing documents) within the parameters set forth in the Ordinance. City of Arlington Council Agenda Bill Item: NB #5 Attachment I I move to approve the ordinance to issue long term general obligation bonds for the construction of a new fire station, police impound facility, and a maintenance & operations facility, in an amount not to exceed $5,500,000, and authorize the Mayor to sign the Ordinance. CITY OF ARLINGTON, WASHINGTON ORDINANCE NO. ______ AN ORDINANCE of the City of Arlington, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of a not to exceed $5,500,000 aggregate principal amount limited tax general obligation bond to provide funds to fund a new fire station, police impound facility and/or maintenance and operations facility and to pay the costs of issuance and sale of the bond; fixing or setting parameters with respect to certain terms and covenants of the bond; appointing the City’s designated representative to approve the final terms of the sale of the bond; and providing for other related matters. Passed June 1, 2020 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 FG:53668676.4 TABLE OF CONTENTS* Page Section 1. Definitions 1 Section 2. Findings and Determinations 2 Section 3. Authorization of the Bond 3 Section 4. Description of the Bond; Appointment of Designated Representative 3 Section 5. Bond Registrar; Registration and Transfer of the Bond 4 Section 6. Form and Execution of the Bond 5 Section 7. Payment of the Bond 5 Section 8. Funds and Accounts; Deposit of Proceeds 5 Section 9. Prepayment 6 Section 10. Failure To Pay the Bond 6 Section 11. Pledge of Taxes 6 Section 12. Tax Covenants; Designation of the Bond as a “Qualified Tax Exempt Obligation”6 Section 13. Refunding or Defeasance of the Bond 7 Section 14. Sale and Delivery of the Bond 8 Section 15.Reporting Requirements 8 Section 16. Supplemental and Amendatory Ordinances 8 Section 17. General Authorization and Ratification 8 Section 18. Severability 8 Section 19. Effective Date of Ordinance 9 *The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. - i- 51351725.7 CITY OF ARLINGTON, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE of the City of Arlington, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of a not to exceed $5,500,000 aggregate principal amount limited tax general obligation bond to provide funds to fund a new fire station, police impound facility and/or maintenance and operations facility and to pay the costs of issuance and sale of the bond; fixing or setting parameters with respect to certain terms and covenants of the bond; appointing the City’s designated representative to approve the final terms of the sale of the bond; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO ORDAIN AS FOLLOWS: . Definitions. As used in this ordinance, the following capitalized termsSection 1 shall have the following meanings: “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial(a) interest in that Bond. “Bond” means the bond issued pursuant to and for the purposes provided in this(b) ordinance. “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other(c) attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. “Bond Account” means the Limited Tax General Obligation Bond Account, 2020,(d) of the City created for the payment of the principal of, redemption premium, if any, and interest on the Bond. “Bond Register” means the books or records maintained by the Bond Registrar for(e) the purpose of identifying ownership of the Bond. “Bond Registrar” means the City’s Finance Director or any successor bond(f) registrar selected for the Bond. “City” means the City of Arlington, Washington, a municipal corporation duly(g) organized and existing under the laws of the State. “City Council” means the legislative authority of the City, as duly and regularly(h) constituted from time to time. “Code” means the United States Internal Revenue Code of 1986, as amended, and(i) applicable rules and regulations promulgated thereunder. - 1- 51351725.7 “Designated Representative” means the officer of the City appointed in Section 4(j) of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). “Final Terms” means the terms and conditions for the sale of the Bond including(k) the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, prepayment terms, price, and other terms or covenants. “Government Obligations” has the meaning given in RCW 39.53.010, as now in(l) effect or as may hereafter be amended. “Issue Date” means, with respect to the Bond, the date of initial issuance and(m) delivery of the Bond to the Lender in exchange for the purchase price of the Bond. “Lender” means Sterling National Bank, or the corporation, firm, association,(n) partnership, trust, bank, financial institution or other legal entity or group of entities selected by the Designated Representative to serve as lender in a private placement. “Owner” means, without distinction, the Registered Owner and the Beneficial(o) Owner. “Project” means financing a new fire station, police impound facility and/or (p) maintenance and operations facility, and other capital purposes, as deemed necessary and advisable by the City. Incidental costs incurred in connection with carrying out and accomplishing the Project, consistent with RCW 39.46.070, may be included as costs of the Project. The Project includes acquisition, construction and installation of all necessary furniture, equipment, apparatus, accessories, fixtures and appurtenances. “Project Account” means the fund or account designated or created by the(q) Finance Director for the purpose of carrying out the Project. “Registered Owner” means, with respect to a Bond, the person in whose name(r) that Bond is registered on the Bond Register. “State” means the State of Washington.(s) . Findings and Determinations. The City takes note of the following factsSection 2 and makes the following findings and determinations: Authority and Description of Project. The City is in need of a new fire station, (a) police impound facility and/or maintenance and operations facility. The total expected cost of the Project is approximately $5,500,000, which is expected to be made up of proceeds of the Bond, and other available money of the City. The City Council therefore finds that it is in the best interests of the City to carry out the Project. - 2- 51351725.7 Debt Capacity. The maximum amount of indebtedness authorized by this(b) ordinance is $5,500,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: The assessed valuation of the taxable property within the City as(1) ascertained by the last preceding assessment for City purposes for collection in the calendar year 2020 is $3,007,053,360. As of April 1, 2020, the City had limited tax general obligation(2) indebtedness, consisting of bonds and notes outstanding in the principal amount of $13,370,000, which is incurred within the limit of up to 1½% of the value of the taxable property within the City permitted for general municipal purposes without a vote. As of April 1, 2020, the City had no unlimited tax general obligation(3) indebtedness. The Bond. For the purpose of providing the funds necessary to carry out the(c) Project and to pay the costs of issuance and sale of the Bond, the City Council finds that the adoption of this ordinance is a necessary and routine matter and is in the best interests of the City and its taxpayers to issue and sell the Bond to the Lender, pursuant to the terms set forth in a certificate of the Designated Representative consistent with this ordinance. . Authorization of the Bond. The City is authorized to borrow money onSection 3 the credit of the City and issue a negotiable limited tax general obligation bond evidencing indebtedness in aggregate principal amount not to exceed $5,500,000 to provide funds necessary to carry out the Project, and to pay the costs of issuance and sale of the Bond. The proceeds of the Bond allocated to paying the cost of the Project shall be deposited as set forth in Section 8 of this ordinance and shall be used to carry out the Project, or a portion of the Project, in such order of time as the City determines is advisable and practicable. . Description of the Bond; Appointment of Designated Representative. TheSection 4 Finance Director, or the City Administrator in the absence of the Finance Director, is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bond in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bond, with such additional terms and covenants as the Designated Representative deems advisable, within the following parameters: The Bond shall be issued as a single, fully registered bond in the amount of not to(a) exceed $5,500,000. The Bond shall bear interest at a fixed rate per annum (computed on the basis of a(b) 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bond. No rate of interest for the Bond may exceed 2.835%, other than an adjustment that may occur upon a determination of taxability. - 3- 51351725.7 Interest shall be payable at the rates and on such dates as are acceptable to the(c) Designated Representative. Principal payments shall commence on a payment date acceptable to the Designated Representative and must be payable at maturity or in installments on such dates as are acceptable to the Designated Representative. The purchase price for the Bond may be in an amount as is acceptable to the(d) Designated Representative. The Bond may be subject to prepayment prior to its maturity date, as described in(e) Section 9, or upon such terms as acceptable to the Designated Representative. The Bond shall be dated as of the date of its delivery, which date and time for the(f) issuance and delivery of the Bond is not later than December 31, 2020. The Bond shall mature no later than December 31, 2040.(g) In addition, the Bond may not be issued if it would cause the indebtedness of the City to exceed the City’s legal debt capacity on the Issue Date. The Designated Representative may accept such additional terms, conditions and covenants as she or he may determine are in the best interests of the City, consistent with this ordinance. In determining the final principal amount, date of the Bond, interest rates, payment dates, redemption provisions, and maturity date for the Bond, the Designated Representative, in consultation with other City officials and staff and advisors, shall take into account those factors that, in her or his judgment, will result in the lowest true interest cost on the Bond to its maturity, including, but not limited to current financial market conditions and current interest rates for obligations comparable to the Bond. . Bond Registrar; Registration and Transfer of the Bond.Section 5 Registration of the Bond. The Bond shall be issued only in registered form as to(a) both principal and interest and the ownership of the Bond shall be recorded on the Bond Register. Bond Registrar; Duties. The City Finance Director is appointed as initial Bond(b) Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bond, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond if transferred or exchanged in accordance with the provisions of the Bond and this ordinance, to serve as the City’s paying agent for the Bond and to carry out all of the Bond Registrar’s powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on the Bond. The Bond Registrar may become the Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of the Owner. - 4- 51351725.7 Bond Register; Transfer of Bond. The Bond Register shall contain the name and(c) mailing address of the Owner and the principal amount and number of the Bond held by the Owner. The Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. . Form and Execution of the Bond.Section 6 Form of the Bond; Signatures and Seal. The Bond shall be prepared in a form(a) consistent with the provisions of this ordinance and State law. The Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing her or his manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. The Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although she or he did not hold the required office on its Issue Date. Authentication. Only a Bond bearing a Certificate of Authentication in(b) substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate of Authentication. This Bond is one of the fully registered City of Arlington, Washington, Limited Tax General Obligation Bond, 2020, described in the Bond Ordinance.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. . Payment of the Bond. Principal of, redemption premium, if any, andSection 7 interest on the Bond shall be payable in lawful money of the United States of America. Principal of, redemption premium, if any, and interest on the Bond is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Owner at the address appearing on the Bond Register on the Record Date. The City shall be required to make electronic transfers pursuant to a request by an Owner in writing received on or prior to the Record Date, which transfers shall be made at the expense of the City. The final payment of principal of the Bond is payable upon presentation and surrender of the Bond by the Owner to the Bond Registrar, and the Owner shall have no obligation to surrender the Bond as a condition to the payment of any installment of principal other than the final installment. The Bond is not subject to acceleration under any circumstances. . Funds and Accounts; Deposit of Proceeds.Section 8 Bond Account. The Bond Account is created as a special account of the City for(a) the sole purpose of paying principal of, redemption premium, if any, and interest on the Bond. Bond proceeds in excess of the amounts needed to pay the costs of the Project and the costs of issuance, if any, shall be deposited into the Bond Account. All amounts allocated to the payment - 5- 51351725.7 of the principal of, redemption premium, if any, and interest on the Bond shall be deposited in the Bond Account as necessary for the timely payment of amounts due with respect to the Bond. The principal of, redemption premium, if any, and interest on the Bond shall be paid out of the Bond Account. Until needed for that purpose, the City may invest money in the Bond Account temporarily in any legal investment, and the investment earnings shall be retained in the Bond Account and used for the purposes of that account. Project Account. The Project Account has been previously created as an account(b) of the City for the purpose of paying the costs of the Project. Proceeds received from the sale and delivery of the Bond shall be deposited into the Project Account and used to pay the costs of the Project and costs of issuance of the Bond. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Project Account and used for the purposes of that account, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project Account and used for those tax or rebate purposes. . Prepayment. The City reserves the right to prepay principal of the BondSection 9 in advance of its maturity date, in whole or in part, at any time, with a prepayment penalty as described in the following table. Prepayment Period Prepayment Premium Issue Date – December 1, 2023 102% December 2, 2023 – December 1, 2025 101 December 2, 2025 – and thereafter 100 The City will notify the Bank at least 30 days in advance of its intent to prepay. Any partial prepayment of the Bond shall be applied in inverse order of principal installments coming due. . Failure To Pay the Bond. If the principal of the Bond is not paid when theSection 10 Bond is properly presented at its maturity or date fixed for prepayment, the City shall be obligated to pay interest on the Bond at the same rate provided in the Bond from and after its maturity or date fixed for prepayment until the Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Account, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. . Pledge of Taxes. The Bond constitutes a general indebtedness of the CitySection 11 and is payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for the payment of principal of, redemption premium, if any, and interest on the Bond. For as long as the Bond is outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of, redemption premium, if any, and interest on the Bond as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of, redemption premium, if - 6- 51351725.7 any, and interest on the Bond and such pledge shall be enforceable in mandamus against the City. . Tax Covenants; Designation of the Bond as a “Qualified Tax Exempt Section 12 Obligation.” Preservation of Tax Exemption for Interest on the Bond. The City covenants that(a) it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bond or other funds of the City treated as proceeds of the Bond that will cause interest on the Bond to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bond, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bond. If the Bond is determined to be taxable, such event of taxability shall immediately increase the interest rate on the Bond. Post-Issuance Compliance. The Finance Director is authorized and directed to(b) review and update the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bond from being included in gross income for federal tax purposes. Designation of the Bond as a “Qualified Tax-Exempt Obligation.” The Bond(c) may be designated as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: the Bond does not constitute a “private activity bond” within the meaning(1) of Section 141 of the Code; the reasonably anticipated amount of tax-exempt obligations (other than(2) private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bond is issued will not exceed $10,000,000; and the amount of tax-exempt obligations, including the Bond, designated by(3) the City as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed $10,000,000. . Refunding or Defeasance of the Bond. The City may issue refundingSection 13 bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of, redemption premium, if any, and interest on any or all of the Bond (the “defeased Bond”); (b) - 7- 51351725.7 redeeming the defeased Bond prior to its maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bond in accordance with its terms, then all right and interest of the Owner of the defeased Bond in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bond shall cease and become void. Thereafter, the Owner of the defeased Bond shall have the right to receive payment of the principal of, redemption premium, if any, and interest on the defeased Bond solely from the trust account and the defeased Bond shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bond to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and the amount of the Bond for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the prepayment of Bond. . Sale and Delivery of the Bond. The Designated Representative isSection 14 authorized to accept the purchase offer of the Lender, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. A certificate of the Designated Representative shall set forth the Final Terms, and the terms provided therein shall be consistent with the terms of this ordinance. The City is authorized to pay the fees and expenses of the Lender and its counsel set forth in the purchase offer. The Bond will be prepared at City expense and will be delivered to the Lender in accordance with the purchase offer, together with the approving legal opinion of Bond Counsel regarding the Bond, and such other agreements, documents and instruments as the Lender may reasonably require in connection with its purchase of the Bond. .Reporting Requirements. While the Bond is outstanding, the City shallSection 15 submit to the Registered Owner of the Bond (a) current audited financial statements in reasonable detail, with supporting schedules (the “Audit”) as soon as practicable after the City’s acceptance thereof and in any case within 360 days after the end of each fiscal year, which may be in electronic .PDF format. In the event the Audit is filed on the MSRB’s “EMMA” website, to satisfy this requirement the City may email a link to the posted Audit to the Registered Owner within such 360-day period. So long as the Lender is the Registered Owner of the Bond, the electronic audit or EMMA link may be sent to the following email address (or such other address as the Lender supplies to the City in writing): Public_Finance_Servicing@snbcloud.onmicrosoft.com, and (b) at the request of the Registered Owner of the Bond, the City’s annual budget as submitted or approved. The City further agrees that it will permit the Registered Owner or its agents and representatives to inspect the City’s books and records and make extracts therefrom at its own expense during regular business hours and in a manner which will not disrupt the normal business routine of the City. The City shall furnish to the Registered Owner such other financial information as it may reasonably request. - 8- 51351725.7 In the event that the Audit is not available within 360 days of fiscal year end, the City will furnish unaudited financial statements to the Registered Owner in the manner described in this paragraph within such period, and will then supply the Audit immediately upon the availability thereof. In connection with the City’s compliance with any continuing disclosure undertakings (each, a “Continuing Disclosure Agreement”) entered into by the City on and after February 27, 2019, pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the “Rule”), the Lender acknowledges that the City may be required to file with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access system, or its successor (“EMMA”), notice that the City has incurred obligations hereunder and notice of certain subsequent events reflecting financial difficulties in connection with the Bond. The City agrees that it shall not file or submit, or permit to be filed or submitted, with EMMA any documentation that includes the following unredacted sensitive or confidential information about the Lender or its affiliates: address and account information of the Lender or its affiliate, e-mail addresses, telephone numbers, fax numbers, names and signatures of officers, employees and signatories of the Lender or its affiliates, unless otherwise required for compliance with the Rule or otherwise required by law. The City acknowledges that the Lender is not responsible for the District’s compliance or noncompliance with the Rule or any Continuing Disclosure Agreement. Such information, however, may be public records under Washington law and subject to disclosure. . Supplemental and Amendatory Ordinances. The City may supplement orSection 16 amend this ordinance for any one or more of the following purposes without the consent of any Owner of the Bond: To add covenants and agreements that do not materially adversely affect the(a) interests of Owner, or to surrender any right or power reserved to or conferred upon the City. To cure any ambiguities, or to cure, correct or supplement any defective provision(b) contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owner of the Bond. . General Authorization and Ratification. The Mayor, City Administrator,Section 17 Finance Director, City Clerk and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bond to the Lender thereof and for the proper application, use and investment of the proceeds of the Bond. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. . Severability. The provisions of this ordinance are declared to be separateSection 18 and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending - 9- 51351725.7 provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. . Effective Date of Ordinance. This ordinance shall take effect and be inSection 19 force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Arlington, Washington, at an open public meeting thereof, this 1st day of June, 2020. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney -10- 51351725.7 CERTIFICATION I, the undersigned, City Clerk of the City of Arlington, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on June 1, 2020, as that ordinance appears on the minute book of the City. 2. That in accordance with Proclamation 20-28 made by the Governor of the State of Washington on March 24, 2020, as extended by Proclamations 20-28.1 and 20-28.2 and acts of the legislative leadership of the State of Washington, (a) such meeting was not conducted in person, (b) one or more options were provided for the public to attend the such meeting remotely, including by telephone access, which mean(s) of access provided the ability for all persons attending the meeting remotely to hear each other at the same time, and (c) passage of the Ordinance is necessary and routine action of the City Council of the City; and 3. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date is June ___, 2020. 4. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. 5. That all other requirements and proceedings incident to the proper adoption of the Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this Certificate. Dated: June ___, 2020. CITY OF ARLINGTON, WASHINGTON City Clerk 51351725.7 FG:53668676.4 CITY OF ARLINGTON, WASHINGTON ORDINANCE NO. ______ AN ORDINANCE of the City of Arlington, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of a not to exceed $5,500,000 aggregate principal amount limited tax general obligation bond to provide funds to fund a new fire station, police impound facility and/or maintenance and operations facility and to pay the costs of issuance and sale of the bond; fixing or setting parameters with respect to certain terms and covenants of the bond; appointing the City’s designated representative to approve the final terms of the sale of the bond; and providing for other related matters. Passed June 1, 2020 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 -i- 51351725.7 TABLE OF CONTENTS* Page Section 1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations .................................................................................. 2 Section 3. Authorization of the Bond ...................................................................................... 3 Section 4. Description of the Bond; Appointment of Designated Representative ................... 3 Section 5. Bond Registrar; Registration and Transfer of the Bond ......................................... 4 Section 6. Form and Execution of the Bond ............................................................................ 5 Section 7. Payment of the Bond ............................................................................................... 5 Section 8. Funds and Accounts; Deposit of Proceeds.............................................................. 5 Section 9. Prepayment ............................................................................................................. 6 Section 10. Failure To Pay the Bond ......................................................................................... 6 Section 11. Pledge of Taxes ....................................................................................................... 6 Section 12. Tax Covenants; Designation of the Bond as a “Qualified Tax Exempt Obligation” .............................................................................................................. 7 Section 13. Refunding or Defeasance of the Bond .................................................................... 7 Section 14. Sale and Delivery of the Bond ................................................................................ 8 Section 15. Reporting Requirements ......................................................................................... 8 Section 16. Supplemental and Amendatory Ordinances............................................................ 9 Section 17. General Authorization and Ratification .................................................................. 9 Section 18. Severability ............................................................................................................. 9 Section 19. Effective Date of Ordinance ................................................................................... 9 *The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. -1- 51351725.7 CITY OF ARLINGTON, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE of the City of Arlington, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of a not to exceed $5,500,000 aggregate principal amount limited tax general obligation bond to provide funds to fund a new fire station, police impound facility and/or maintenance and operations facility and to pay the costs of issuance and sale of the bond; fixing or setting parameters with respect to certain terms and covenants of the bond; appointing the City’s designated representative to approve the final terms of the sale of the bond; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond. (b) “Bond” means the bond issued pursuant to and for the purposes provided in this ordinance. (c) “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (d) “Bond Account” means the Limited Tax General Obligation Bond Account, 2020, of the City created for the payment of the principal of, redemption premium, if any, and interest on the Bond. (e) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bond. (f) “Bond Registrar” means the City’s Finance Director or any successor bond registrar selected for the Bond. (g) “City” means the City of Arlington, Washington, a municipal corporation duly organized and existing under the laws of the State. (h) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time. (i) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. -2- 51351725.7 (j) “Designated Representative” means the officer of the City appointed in Section 4 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). (k) “Final Terms” means the terms and conditions for the sale of the Bond including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, prepayment terms, price, and other terms or covenants. (l) “Government Obligations” has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (m) “Issue Date” means, with respect to the Bond, the date of initial issuance and delivery of the Bond to the Lender in exchange for the purchase price of the Bond. (n) “Lender” means Sterling National Bank, or the corporation, firm, association, partnership, trust, bank, financial institution or other legal entity or group of entities selected by the Designated Representative to serve as lender in a private placement. (o) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. (p) “Project” means financing a new fire station, police impound facility and/or maintenance and operations facility, and other capital purposes, as deemed necessary and advisable by the City. Incidental costs incurred in connection with carrying out and accomplishing the Project, consistent with RCW 39.46.070, may be included as costs of the Project. The Project includes acquisition, construction and installation of all necessary furniture, equipment, apparatus, accessories, fixtures and appurtenances. (q) “Project Account” means the fund or account designated or created by the Finance Director for the purpose of carrying out the Project. (r) “Registered Owner” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. (s) “State” means the State of Washington. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of Project. The City is in need of a new fire station, police impound facility and/or maintenance and operations facility. The total expected cost of the Project is approximately $5,500,000, which is expected to be made up of proceeds of the Bond, and other available money of the City. The City Council therefore finds that it is in the best interests of the City to carry out the Project. -3- 51351725.7 (b) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $5,500,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2020 is $3,007,053,360. (2) As of April 1, 2020, the City had limited tax general obligation indebtedness, consisting of bonds and notes outstanding in the principal amount of $13,370,000, which is incurred within the limit of up to 1½% of the value of the taxable property within the City permitted for general municipal purposes without a vote. (3) As of April 1, 2020, the City had no unlimited tax general obligation indebtedness. (c) The Bond. For the purpose of providing the funds necessary to carry out the Project and to pay the costs of issuance and sale of the Bond, the City Council finds that the adoption of this ordinance is a necessary and routine matter and is in the best interests of the City and its taxpayers to issue and sell the Bond to the Lender, pursuant to the terms set forth in a certificate of the Designated Representative consistent with this ordinance. Section 3. Authorization of the Bond. The City is authorized to borrow money on the credit of the City and issue a negotiable limited tax general obligation bond evidencing indebtedness in aggregate principal amount not to exceed $5,500,000 to provide funds necessary to carry out the Project, and to pay the costs of issuance and sale of the Bond. The proceeds of the Bond allocated to paying the cost of the Project shall be deposited as set forth in Section 8 of this ordinance and shall be used to carry out the Project, or a portion of the Project, in such order of time as the City determines is advisable and practicable. Section 4. Description of the Bond; Appointment of Designated Representative. The Finance Director, or the City Administrator in the absence of the Finance Director, is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bond in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bond, with such additional terms and covenants as the Designated Representative deems advisable, within the following parameters: (a) The Bond shall be issued as a single, fully registered bond in the amount of not to exceed $5,500,000. (b) The Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bond. No rate of interest for the Bond may exceed 2.835%, other than an adjustment that may occur upon a determination of taxability. -4- 51351725.7 (c) Interest shall be payable at the rates and on such dates as are acceptable to the Designated Representative. Principal payments shall commence on a payment date acceptable to the Designated Representative and must be payable at maturity or in installments on such dates as are acceptable to the Designated Representative. (d) The purchase price for the Bond may be in an amount as is acceptable to the Designated Representative. (e) The Bond may be subject to prepayment prior to its maturity date, as described in Section 9, or upon such terms as acceptable to the Designated Representative. (f) The Bond shall be dated as of the date of its delivery, which date and time for the issuance and delivery of the Bond is not later than December 31, 2020. (g) The Bond shall mature no later than December 31, 2040. In addition, the Bond may not be issued if it would cause the indebtedness of the City to exceed the City’s legal debt capacity on the Issue Date. The Designated Representative may accept such additional terms, conditions and covenants as she or he may determine are in the best interests of the City, consistent with this ordinance. In determining the final principal amount, date of the Bond, interest rates, payment dates, redemption provisions, and maturity date for the Bond, the Designated Representative, in consultation with other City officials and staff and advisors, shall take into account those factors that, in her or his judgment, will result in the lowest true interest cost on the Bond to its maturity, including, but not limited to current financial market conditions and current interest rates for obligations comparable to the Bond. Section 5. Bond Registrar; Registration and Transfer of the Bond. (a) Registration of the Bond. The Bond shall be issued only in registered form as to both principal and interest and the ownership of the Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. The City Finance Director is appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bond, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond if transferred or exchanged in accordance with the provisions of the Bond and this ordinance, to serve as the City’s paying agent for the Bond and to carry out all of the Bond Registrar’s powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on the Bond. The Bond Registrar may become the Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of the Owner. (c) Bond Register; Transfer of Bond. The Bond Register shall contain the name and mailing address of the Owner and the principal amount and number of the Bond held by the Owner. -5- 51351725.7 The Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. Section 6. Form and Execution of the Bond. (a) Form of the Bond; Signatures and Seal. The Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. The Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing her or his manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. The Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although she or he did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate of Authentication. This Bond is one of the fully registered City of Arlington, Washington, Limited Tax General Obligation Bond, 2020, described in the Bond Ordinance.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of the Bond. Principal of, redemption premium, if any, and interest on the Bond shall be payable in lawful money of the United States of America. Principal of, redemption premium, if any, and interest on the Bond is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Owner at the address appearing on the Bond Register on the Record Date. The City shall be required to make electronic transfers pursuant to a request by an Owner in writing received on or prior to the Record Date, which transfers shall be made at the expense of the City. The final payment of principal of the Bond is payable upon presentation and surrender of the Bond by the Owner to the Bond Registrar, and the Owner shall have no obligation to surrender the Bond as a condition to the payment of any installment of principal other than the final installment. The Bond is not subject to acceleration under any circumstances. Section 8. Funds and Accounts; Deposit of Proceeds. (a) Bond Account. The Bond Account is created as a special account of the City for the sole purpose of paying principal of, redemption premium, if any, and interest on the Bond. Bond proceeds in excess of the amounts needed to pay the costs of the Project and the costs of issuance, if any, shall be deposited into the Bond Account. All amounts allocated to the payment of the principal of, redemption premium, if any, and interest on the Bond shall be deposited in the Bond Account as necessary for the timely payment of amounts due with respect to the Bond. The principal of, redemption premium, if any, and interest on the Bond shall be paid out of the Bond -6- 51351725.7 Account. Until needed for that purpose, the City may invest money in the Bond Account temporarily in any legal investment, and the investment earnings shall be retained in the Bond Account and used for the purposes of that account. (b) Project Account. The Project Account has been previously created as an account of the City for the purpose of paying the costs of the Project. Proceeds received from the sale and delivery of the Bond shall be deposited into the Project Account and used to pay the costs of the Project and costs of issuance of the Bond. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Project Account and used for the purposes of that account, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project Account and used for those tax or rebate purposes. Section 9. Prepayment. The City reserves the right to prepay principal of the Bond in advance of its maturity date, in whole or in part, at any time, with a prepayment penalty as described in the following table. The City will notify the Bank at least 30 days in advance of its intent to prepay. Any partial prepayment of the Bond shall be applied in inverse order of principal installments coming due. Section 10. Failure To Pay the Bond. If the principal of the Bond is not paid when the Bond is properly presented at its maturity or date fixed for prepayment, the City shall be obligated to pay interest on the Bond at the same rate provided in the Bond from and after its maturity or date fixed for prepayment until the Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Account, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bond constitutes a general indebtedness of the City and is payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for the payment of principal of, redemption premium, if any, and interest on the Bond. For as long as the Bond is outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of, redemption premium, if any, and interest on the Bond as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of, redemption premium, if any, and interest on the Bond and such pledge shall be enforceable in mandamus against the City. -7- 51351725.7 Section 12. Tax Covenants; Designation of the Bond as a “Qualified Tax Exempt Obligation.” (a) Preservation of Tax Exemption for Interest on the Bond. The City covenants that it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bond or other funds of the City treated as proceeds of the Bond that will cause interest on the Bond to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bond, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bond. If the Bond is determined to be taxable, such event of taxability shall immediately increase the interest rate on the Bond. (b) Post-Issuance Compliance. The Finance Director is authorized and directed to review and update the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bond from being included in gross income for federal tax purposes. (c) Designation of the Bond as a “Qualified Tax-Exempt Obligation.” The Bond may be designated as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (1) the Bond does not constitute a “private activity bond” within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bond is issued will not exceed $10,000,000; and (3) the amount of tax-exempt obligations, including the Bond, designated by the City as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed $10,000,000. Section 13. Refunding or Defeasance of the Bond. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of, redemption premium, if any, and interest on any or all of the Bond (the “defeased Bond”); (b) redeeming the defeased Bond prior to its maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bond in -8- 51351725.7 accordance with its terms, then all right and interest of the Owner of the defeased Bond in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bond shall cease and become void. Thereafter, the Owner of the defeased Bond shall have the right to receive payment of the principal of, redemption premium, if any, and interest on the defeased Bond solely from the trust account and the defeased Bond shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bond to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and the amount of the Bond for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the prepayment of Bond. Section 14. Sale and Delivery of the Bond. The Designated Representative is authorized to accept the purchase offer of the Lender, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. A certificate of the Designated Representative shall set forth the Final Terms, and the terms provided therein shall be consistent with the terms of this ordinance. The City is authorized to pay the fees and expenses of the Lender and its counsel set forth in the purchase offer. The Bond will be prepared at City expense and will be delivered to the Lender in accordance with the purchase offer, together with the approving legal opinion of Bond Counsel regarding the Bond, and such other agreements, documents and instruments as the Lender may reasonably require in connection with its purchase of the Bond. Section 15. Reporting Requirements. While the Bond is outstanding, the City shall submit to the Registered Owner of the Bond (a) current audited financial statements in reasonable detail, with supporting schedules (the “Audit”) as soon as practicable after the City’s acceptance thereof and in any case within 360 days after the end of each fiscal year, which may be in electronic .PDF format. In the event the Audit is filed on the MSRB’s “EMMA” website, to satisfy this requirement the City may email a link to the posted Audit to the Registered Owner within such 360-day period. So long as the Lender is the Registered Owner of the Bond, the electronic audit or EMMA link may be sent to the following email address (or such other address as the Lender supplies to the City in writing): Public_Finance_Servicing@snbcloud.onmicrosoft.com, and (b) at the request of the Registered Owner of the Bond, the City’s annual budget as submitted or approved. The City further agrees that it will permit the Registered Owner or its agents and representatives to inspect the City’s books and records and make extracts therefrom at its own expense during regular business hours and in a manner which will not disrupt the normal business routine of the City. The City shall furnish to the Registered Owner such other financial information as it may reasonably request. In the event that the Audit is not available within 360 days of fiscal year end, the City will furnish unaudited financial statements to the Registered Owner in the manner described in this paragraph within such period, and will then supply the Audit immediately upon the availability thereof. -9- 51351725.7 In connection with the City’s compliance with any continuing disclosure undertakings (each, a “Continuing Disclosure Agreement”) entered into by the City on and after February 27, 2019, pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the “Rule”), the Lender acknowledges that the City may be required to file with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access system, or its successor (“EMMA”), notice that the City has incurred obligations hereunder and notice of certain subsequent events reflecting financial difficulties in connection with the Bond. The City agrees that it shall not file or submit, or permit to be filed or submitted, with EMMA any documentation that includes the following unredacted sensitive or confidential information about the Lender or its affiliates: address and account information of the Lender or its affiliate, e-mail addresses, telephone numbers, fax numbers, names and signatures of officers, employees and signatories of the Lender or its affiliates, unless otherwise required for compliance with the Rule or otherwise required by law. The City acknowledges that the Lender is not responsible for the District’s compliance or noncompliance with the Rule or any Continuing Disclosure Agreement. Such information, however, may be public records under Washington law and subject to disclosure. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owner of the Bond: (a) To add covenants and agreements that do not materially adversely affect the interests of Owner, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owner of the Bond. Section 17. General Authorization and Ratification. The Mayor, City Administrator, Finance Director, City Clerk and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bond to the Lender thereof and for the proper application, use and investment of the proceeds of the Bond. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 19. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. -10- 51351725.7 PASSED by the City Council and APPROVED by the Mayor of the City of Arlington, Washington, at an open public meeting thereof, this 1st day of June, 2020. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 51351725.7 CERTIFICATION I, the undersigned, City Clerk of the City of Arlington, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on June 1, 2020, as that ordinance appears on the minute book of the City. 2. That in accordance with Proclamation 20-28 made by the Governor of the State of Washington on March 24, 2020, as extended by Proclamations 20-28.1 and 20-28.2 and acts of the legislative leadership of the State of Washington, (a) such meeting was not conducted in person, (b) one or more options were provided for the public to attend the such meeting remotely, including by telephone access, which mean(s) of access provided the ability for all persons attending the meeting remotely to hear each other at the same time, and (c) passage of the Ordinance is necessary and routine action of the City Council of the City; and 3. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date is June ___, 2020. 4. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. 5. That all other requirements and proceedings incident to the proper adoption of the Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this Certificate. Dated: June ___, 2020. CITY OF ARLINGTON, WASHINGTON City Clerk