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HomeMy WebLinkAbout08-02-21 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. 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 July 19 and July 26, 2021 Council meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING 1. Development Agreement for the Outpost at Smokey Point ATTACHMENT B Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 2. Development Agreement for Centennial Park PH I & PH II ATTACHMENT C Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles NEW BUSINESS 1. Memorandum of Understanding with Port of Everett ATTACHMENT D Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jesica Stickles Arlington City Council Meeting Monday, August 2, 2021 at 7:00 pm City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 2. Low Bid Award for Wastewater EQ Basin ATTACHMENT E Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 3. Low Bid Award for Lift Station #16 ATTACHMENT F Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 4. Murraysmith Contract Amendment #3 ATTACHMENT G Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 5. Low Bid Award for 59th Avenue Complete Streets Project ATTACHMENT H Staff Presentation: Nova Heaton Council Liaison: Mayor Pro Tem Jesica Stickles 6. Discussion regarding Open Council Position ATTACHMENT I Staff Presentation: Paul Ellis 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 3 Council Chambers 110 East Third Street July 19, 2021 Councilmembers Present: Michele Blythe, Jan Schuette, Marilyn Oertle, Jesica Stickles, Don Vanney and Mike Hopson. Council Members Absent: Debora Nelson. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, Sarah Lopez, James Kelly, Dave Kraski, Jonathan Ventura, City Attorney Steve Peiffle, Tony Orr and Ashleigh Scott. Also Known to be Present: Everett Lewis, Heather Logan, Sid Logan, Holly Sloan-Buchanan, Steve Maisch, Kathy Vanney, and Avery Hufford. 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 Jan Schuette seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT There were no public comments requested via ZOOM. Mr. Everett Lewis, an Arlington resident, thanked City staff for attending to the landscaping around the roundabouts and entrances into the park making it easier when entering and exiting. Mr. Lewis also stated he noticed a police cruiser at the north part of town patrolling, and thanked the officers for addressing his concerns. Mr. Avery Hufford, an Arlington resident, stated his concerns regarding parking issues around the new Centennial Park Apartments located on 172nd and 67th in Arlington. He stated that Williams Investments has been telling new occupants they are guaranteed a parking space and a half. Mr. Hufford stated that with the number of units expected to be built, the numbers do not add up. Mr. Hufford understands this is the responsibility of Williams Investments and not the City. This development is still under construction, but Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting July 19, 2021 Page 2 of 3 residents have begun moving into the finished units. Residents of Centennial Park are now beginning to park in the Highland View Neighborhood next door, because there are not enough parking spaces. In return, Highland View residents are complaining about the additional vehicles. Mr. Hufford lives in this new development, and is very concerned about the lack of parking and what the future will bring. He also voiced concerns regarding the lack of street lighting and sidewalks in that area. Chief Kraski spoke on behalf of the Arlington Fire Department. This is the last meeting before the Arlington Fire Department merges with the North County Regional Fire Authority on August 1, 2021. He spoke of the amount of work and strong efforts staff has completed in the last 18 months to make it all happen. Chief Kraski wanted to also remind City Council and staff about the informal gathering on August 1, located at the south end of the Angel of the Winds Casino parking lot. This is a centralized location allowing fire department staff and crews to be able to attend, as well. 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 July 6th and July 12, 2021Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #103186 through #103299 dated July 7, 2021 through July 19, 2021 for $1,185,744.30. Correction for February 1, 2021 Claims Checks: Approval Check #102075, no change in approved claims total. Approval of Payroll EFT Payments and Checks #30097 through #30105 dated June 1, 2021 through June 30, 2021 for $1,502,548.45. 3. Resolution to Surplus Assets 4. Ordinance Repealing Arlington Municipal Code Chapter 2.62 Regarding the Library Board 5. Ordinance Amending Chapter 2.48 of the Arlington Municipal Code Regarding the Civil Service Commission PUBLIC HEARING None. NEW BUSINESS Parks and Recreation Master Plan Update and Impact Fee Schedule Community Engagement Director Sarah Lopez requested Council approve the professional services agreement with Beckwith Consulting Group for the Parks and Recreation Master Plan update and Impact Fee Schedule. Councilmember Marilyn Oertle moved and Councilmember Don Vanney seconded the motion to approve the professional services agreement with Beckwith Consulting Group for the Parks and Recreation Master Plan and Impact Fee Study, in the amount not to exceed $84,262, and authorized the Mayor to sign the professional services agreement. The motion passed unanimously. Bid Award for the Smokey Point Blvd Pavement Preservation Project Public Works Director James Kelly requested Council award the bid for the Smokey Point Blvd Pavement Preservation Project to Cadman Materials, Inc. Minutes of the City of Arlington City Council Meeting July 19, 2021 Page 3 of 3 Councilmember Jan Schuette moved and Councilmember Jesica Stickles seconded the motion to award the Smokey Point Blvd Pavement Preservation Project to Cadman Materials, Inc. in the amount of $665,020.00, and authorized the Mayor to sign the Construction Contract. The motion passed unanimously. Ordinance Amending Chapter 2.04 of the Arlington Municipal Code Regarding the Compensation and Expense Reimbursement for Elected Officials Administrative Services Director James Trefry requested Council approve the Ordinance Amending Chapter 2.04 of the Arlington Municipal Code Regarding Compensation and Expense Reimbursement for Elected Officials. Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion to approve the Ordinance Amending Chapter 2.04 of the Arlington Municipal Code Regarding Compensation and Expense Reimbursement for Elected Officials, and authorized the Mayor to sign the Ordinance. The motion passed unanimously. Resolution Adopting Benefit Plans and Rates for the Mayor and City Council Administrative Services Director James Trefry requested Council approve the Resolution Providing for Group Benefits Participation for Elected Officials. Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion to approve the Resolution Providing for Group Benefits Participation for Elected Officials, and authorized the Mayor to sign it. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette encouraged the Mayor and other Councilmembers to read the new Community and Economic Development Department’s monthly report. It was very informative. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis stated there have been a few letters of concern regarding the handicap and ADA parking and crosswalks downtown. Mr. Ellis is working with staff addressing these concerns, and will report back to Council in a few weeks, prior to the break in August. MAYOR’S REPORT None. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:20 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 5 Council Chambers 110 East Third Street Monday, July 26, 2021 Councilmembers Present: Michele Blythe, Jan Schuette, Debora Nelson, Marilyn Oertle, Jesica Stickles, Don Vanney, and Mike Hopson. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, Jim Kelly, Nova Heaton, Marc Hayes, Jonathan Ventura, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Heather Logan, Sid Logan, Steve Maisch, Holly Sloan-Buchanan, Mark Tingley, Everett Lewis. 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 ACTION WAS TAKEN Memorandum of Understanding with Port of Everett City Administrator Paul Ellis reviewed a Memorandum of Understanding (MOU) with the Port of Everett. The City of Arlington and Port of Everett work together and collaborate in supporting employer recruitment to the Cascade Industrial Center, including assessment, financial consulting, and outreach; evaluate the advantages of entering into a partnership agreement or lease regarding the Cascade Industrial Center for job development; evaluate opportunities to partner with Washington State University for a possible center of excellence in green manufacturing and robotics or other opportunities as they may arise; and consider other strategies that may assist in achieving the common goals. The MOU shall be effective until August 31, 2023. Discussion followed with Mr. Ellis answering Council questions. City Council Workshop Minutes of the City of Arlington City Council Workshop July 26, 2021 Page 2 of 5 Low Bid Award for Wastewater EQ Basin Public Works Director Jim Kelly reviewed bids for the WRF Permeate Equalization Project and award of project to low bidder. The November 2019 NPDES permit reissuance required the City to perform several maintenance and improvement projects to the WRF. These improvements include: 1) conversion of Arlington Water Reclamation Facility membrane basin #6 into a permeate equalization basin, 2) adding effluent controls and monitoring systems, 3) installation of a reclaimed water metering system, 4) replacement of the existing digested sludge pumps with positive displacement pumps, and 5) system integration (programming). BHC completed the design and the project was publically bid in July, bids opened on July 15, 2021. The certified low bidder is McClure & Sons, Inc. with a bid in the amount of $1,460,978.06. Discussion followed with Mr. Kelly answering Council questions. Low Bid Award for Lift Station #16 Public Works Director Jim Kelly reviewed bids for the Cascade Industrial Center Lift Station 16 Project and award of project to low bidder. The full project was not budgeted, but because of accelerated development in the Cascade Industrial Center, these utilities need to be installed. The additional funds are available in the Sewer Capital Fund. The City contracted with Murraysmith for completion of the design and the project was publically bid in July, bids opened on July 15, 2021. The certified low bidder is Equity Builders, Inc. with a bid in the amount of $1, 349,073.20. Discussion followed with Mr. Kelly answering Council questions. Murraysmith Contract Amendment #3 Public Works Director Jim Kelly reviewed Amendment #3 to the Murraysmith 2021 UPP and Smokey Point Blvd Overlay Project for additional design and preparation of construction documents. The City’s Pavement Preservation Program has planned roads to be resurfaced for years 2018-2021; a utility replacement program is running concurrently so aged and failing utility infrastructure can be replaced before the roads are resurfaced. Design and construction work has been completed for years 2018, 2019, and 2020. The City had requested additional design work for year 2021 which included additional paving, additional ADA ramp replacement, and additional water main replacement work. In addition, there were multiple requests made by WSDOT for the Smokey Point Boulevard Overlay project. Funding for this work will be divided among Utility CIP Funds and TBD funds. This Amendment #3 will provide funding for design changes incorporated to date and work necessary to elevate construction documents to Public Bid quality. Discussion followed with Mr. Kelly answering Council questions. Minutes of the City of Arlington City Council Workshop July 26, 2021 Page 3 of 5 Apparent Low Bid for 59th Avenue Complete Streets Project Development Services Manager Nova Heaton reviewed the bid Tabulation for the 59th Ave Complete Streets Project and award project to apparent low bidder. In 2018, the City of Arlington approved a Complete Streets Ordinance and the Complete Streets Plan for the City. In December 2018, the Snohomish County Health District nominated the City for Complete Streets funding. The Transportation Improvement Board responded with an award of funding for $600,000. The Boys and Girls Club requested Department of Commerce funding for parking lot improvements and were awarded $519,400.00 to improve parking areas on City owned property. The projects were combined into one public bid project opened on June 24, 2021. The apparent low bid was Reece Construction in the amount of $1,035,287.09. Discussion followed with Ms. Heaton answering Council questions. Development Agreement for the Outpost at Smokey Point Community and Economic Development Director Marc Hayes reviewed the development agreement for the Outpost at Smokey Point, a mixed-use project. A proposed development agreement for Arlington 51st St., LLC, describing certain conditions and uses for the subject project. In this instance it addresses the use of Traffic Impact Fees for the future construction of a Roundabout at the intersection of 168th St NE/51st Ave. NE., the use of Park Impact Fees for a portion of construction of the Community Building (restrooms/sewer lift station) and associated park improvements, the use of Utility Connection Fees for sewer and water line extensions and dedication of real property for public right of way uses. Development Agreements are utilized to ensure that certain terms and/or conditions are addressed. The developer, Arlington 51st Street, LLC is constructing a Mixed-Use Development on 20.38 acres that will consist of 500 apartments, 70,000 SF of retail space, 22,000 SF office space, 104,000 SF Public Park Space with public restrooms and 104,200 mini park space. The applicant is also constructing frontage improvements along 51st Ave., 43rd Ave. and constructing a roundabout at the intersection of 51st Ave/ 168th St. The applicant is also installing both sewer and water main extensions to provide for offsite connections to serve the south CIC area. The City recognizes the public benefits which will occur from the permanent development of the property as proposed by the Developer, including the Roundabout, 51st Ave. frontage improvements, 47th Ave. roadway construction, the Community Building and Mainline extension. Likewise, Developer recognizes the benefit of this agreement allowing the use of traffic impact fees, park impact fees and connection fee credits to construct the Roundabout, Community Building and mainline extensions in lieu of paying, all, impact fees in cash. Per AMC 20.39.040, a public hearing is required to be held prior to a decision by City Council on Development Agreements. A public hearing is scheduled to be held at the regular City Council meeting on August 2, 2021. Discussion followed with Mr. Hayes answering Council questions. Minutes of the City of Arlington City Council Workshop July 26, 2021 Page 4 of 5 Development Agreement for Centennial Park PH I & PH II Community and Economic Development Director Marc Hayes reviewed the development agreement for Centennial Park PHI and II, a mixed-use project. A proposed development agreement for Centennial Park 5J, LLC, describing certain conditions and uses for the subject project. In this instance it addresses the permanent use of the building types, the variance for the stream buffer reduction and the dedication of property for public right of way uses. Development Agreements are utilized to ensure that certain terms and/or conditions are addressed. The developer is utilizing the “flex” option with its live/work units, which allow for the commercial portion of the unit to be utilized as residential for up to five years, allowing sufficient time for the marketplace to support the commercial/retail use of the unit. Another item addressed is the reduction of the buffer width on the relict channel along 172nd St NE, and its required mitigation, both onsite and offsite. Per AMC 20.39.040, a public hearing is required to be held prior to a decision by City Council on Development Agreements. A public hearing is scheduled to be held at the regular City Council meeting on August 2, 2021. Discussion followed with Mr. Hayes answering Council questions. June Financial Report Finance Director Kristin Garcia presented the June financial report. June Community and Economic Development Report Community and Economic Development Director Marc Hayes presented the June Community and Economic Development report. ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis reminded Council that staff has committed to bring Council an update in September on the police department’s five year plan, and also discuss recent legislative actions, and the impact those changes will have on the police department. MAYOR’S REPORT Mayor Tolbert stated that 31 years ago today, the American with Disabilities Act became law. This law is based on the principles of inclusion and equity in our communities, and provides a welcoming and accessible way to get around in our communities. COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette spoke regarding the workshop in September where legislative changes to the police department will be discussed, and encouraged fellow councilmembers to read and prepare ahead of time for the discussion. Councilmember Michele Blythe stated she is on the AWC Legislative Priorities Committee, and there have been discussions regarding the recent legislative actions to policing. She is looking forward to the discussion in September regarding the police department, and how to fully support the department. Minutes of the City of Arlington City Council Workshop July 26, 2021 Page 5 of 5 Councilmember Don Vanney stated that he is looking forward to September’s discussion regarding the police department, and how they can get the help they’ll need. Councilmember Jesica Stickles read from a prepared statement, thanking fellow Councilmembers and the community for her eight years on City Council. She will be moving from Arlington, and is resigning from Council. Next Monday will be her last meeting. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT Everett Lewis, 521 N Dunham Ave, Arlington, thanked Police Chief Jonathan Ventura for monitoring speeds on Division Ave. He is looking forward to the September discussions regarding the police department and how the department can be supported financially. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to place all agenda items for the August 2, 2021 meeting on new business. 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: PH #1 Attachment B intersection of 168th St NE/51st Ave. NE., the use of Park Impact Fees for a portion of construction of the Community 500 apartments, 70,000 SF of retail space, 22,000 SF office space, 104,000 SF Public Park Space with public restrooms and 104,200 mini park space. The applicant is also constructing frontage improvements along 51st Ave., 43rd Ave. and constructing a roundabout at the intersection of 51st Ave/ 168th St. The applicant is also installing both sewer and water main extensions to provide for offsite connections to serve the south CIC area. The City recognizes the public benefits which will occur from the permanent development of the property as proposed by the Developer, including the Roundabout, 51st Ave. frontage improvements, 47th Ave. roadway construction, the Community Building and Mainline extension. Likewise, Developer recognizes the benefit of this agreement allowing the use of traffic impact fees, park impact fees and connection fee credits to construct the Roundabout, Community Building and mainline RESOLUTION NO. 2021 – 031 A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON APPROVING A DEVELOPMENT AGREEMENT WITH ARLINGTON 51ST STREET, LLC WHEREAS, Arlington 51st Street, LLC (“Developer”) intends to develop a Mixed-Use project and associated improvements (“Project”) on real property located at 16612 51st Avenue NE, Arlington, Washington; and WHEREAS, Developer requested that the City of Arlington and Developer enter into a development agreement pursuant to the terms of Chapter 20.39 of the Arlington Municipal Code to set forth development standards and other provisions that will govern and vest the Project; and WHEREAS, pursuant to RCW 36.70B.200, the Arlington City Council held a public hearing on August 2, 2021 regarding the proposed development agreement, and, after considering all testimony presented at the public hearing, determined that the development agreement should be approved. NOW, THEREFORE, the Arlington City Council resolves as follows: 1. The Development Agreement attached hereto as Exhibit A is approved and the Mayor is authorized to sign the agreement. 2. As provided in RCW 36.70B.190, the Development Agreement shall be recorded with the real property records of Snohomish County, Washington and shall be binding on the parties and their successors and assigns. ADOPTED by the City Council and APPROVED by the Mayor this 2nd day of August, 2021. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor ATTEST: ________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney EXHIBIT A Development Agreement 1 AFTER RECORDING, RETURN TO: CITY OF ARLINGTON 18204 59TH AVENUE NE ARLINGTON, WA 98223 DEVELOPMENT AGREEMENT DEVELOPER(S): Arlington 51st Street, LLC. GRANTEE(S): City of Arlington, Washington LEGAL (Abbrev.): THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 31 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN; TOGETHER WITH THE SOUTH 14 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 31 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN; EXCEPT THAT PORTION THEREOF LYING WITHIN 51ST AVENUE NE; AND EXCEPT MOBILE HOME(S) IMPROVEMENTS THEREON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. ASSESSOR'S TAX#: 31052800100900 REFERENCE #: 51st Avenue Urban Village CUP PLN #664 and The Outpost at Smokey Point Binding Site Plan PLN #633 The parties to this agreement are the City of Arlington, a Washington municipal corporation ("City"), and Arlington 51st Street, LLC, a Washington limited liability company (“Developer"). All references herein to Developer shall be deemed to include any successors and/or assigns of Arlington 51st Street, LLC. The parties do enter into the following agreement to promote the development of certain real property located within the City, upon the following terms and conditions ("Agreement"). 1.0 RECITALS 1.1 Location of Property. Developer warrants that it controls certain real property located at 16612 51st St NE, ARLINGTON, WA 98223, being more particularly described in Exhibit A (hereafter “the Property”). Development Agreement 2 1.2 Zoning. The Property is zoned General Commercial and located within a Mixed Use Overlay Zone, which allows the property to be utilized proportionately for both commercial/retail and high density residential uses. 1.3 Permanent Use. The Developer wishes to develop an urban mixed use village on the Property that includes commercial buildings, mixed used residential buildings, residential buildings and live work simple fee buildings, in accordance with the City’s Mixed Use Development Regulations, Chapter 20.110 AMC, Ordinance No. 2017-021, adopted on December 28, 2017 (“Mixed Use Development Regulations”). 1.4 Binding Site Plan. As part of the proposed development, the Developer has filed a Binding Site Plan Application, filed under City File No. PLN# 633 – BSP (“the Project”). Through this application, the Developer seeks approval of a Binding Site Plan that will fix and establish the development of the Property in a form that is consistent with the requirements of the City. The Binding Site Plan proposes a division of the 20.03 acres into Sixteen (16) lots (Lots 1-16), with Lots 3-4 (comprised of 2.975 acres) being developed for 144 units of mixed use development apartments, Lot 5-6 (comprised of 2.688 acres) being developed for 144 units of mixed use development apartments and Lot 7-8 (comprised of 2.739 acres) being developed for 144 units of mixed use development apartments, Lot 1-2, 15-16 (combined 2.645 acres) proposed as a build to suit commercial building, Lots 9-10, 13-14 (combined 2.414 acres) developed for mixed use commercial buildings, Lot 11 (1.463 acres) for one 48 unit multifamily building, Lot 12 (2.821 acres) that will have a one acre park and 16 live work simple fee units to be divided through a land use application in the future and a total of 2.35 acres are being dedicated as public Right of Way (168th St. NE and Smokey Point Blvd, 51st Street NE and 47th Street NE). Each parcel will be required to apply for individual land use permits, but shall provide continuity in design features throughout the development of the individual parcels. The Binding Site Plan shall be referred to herein as the “BSP” or “Binding Site Plan.” 1.5 Use of Traffic Impact Fees. Traffic Impact Fees were calculated in the amount of $1,251,415.00 for all phases of the project. As identified in the Conditional Use Permit PLN #634 and Binding Site Plan PLN#633, the City and the Developer, have agreed that the following roadway improvements will be constructed as public roadway by the Developer. The Developer is obligated to construct ¾ street improvements for 168th St. NE, an east-west connector street, along the entire northern boundary of the subject property, as described on the civil plans for the project PWD #2204. The use of Traffic Impact Fees associated with the proposed project, in an amount determined by an Engineers Estimated Cost of Construction, provided by the developer’s engineer, not to exceed $777,944.15, may be utilized for the 168th St. NE roadway construction. If the 168th St. NE roadway improvements are constructed by adjacent development, then the Transportation Impact Fees that were to be utilized for the 168th improvements, may be utilized for the construction of the roundabout at the intersection of 168th St. NE and 51st Ave. NE. The Developer is also required to construct 47th Ave. NE as a Public Roadway, with ½ width street improvements, along the entire western boundary of the subject property, as described on the civil plans for the project. The City will help to facilitate, if required, the cooperation of the land owner of parcel 31052800100700 in granting a temporary construction easement for the construction of the Development Agreement 3 47th Ave. 1/2 street improvements required by the project. With the explicit approval of both the Fire Marshal and the Community and Economic Development (CED) Department, the City of Arlington may also allow the developer to defer construction of 47th Ave. until after the completion of Phase 4. The Developer is also required to construct frontage improvements on 51st Ave NE along the entire length of the eastern boundary of the subject property. The frontage improvements will consist of, but not limited to, roadway widening, curb/gutter and sidewalk, planter strip, street trees and drainage features, as described on the civil plans for the project. The Developer is obligated to construct a roundabout at the northeast corner of the property located at the future 168th Ave NE and 51st Ave NE intersection. The Roundabout will be distinguished as the “Road Improvement” – as further defined in Section 3.1 below. The City has agreed to allow Developer to construct the Roundabout in lieu of paying traffic impact fees associated with the development of lots 1- 16. The Transportation Impact Fees for the entire project total $ 1,251,415.00. The Developer wishes to enter a latecomer’s agreement with the City of Arlington for reimbursement of any deficit of funds between the traffic impact fee for the project and the actual cost for design and construction of the roundabout, pursuant to Chapter 12.32 Arlington Municipal Code. 1.6 Use of Park Impact Fees - As a condition of the Binding Site Plan, the Developer will construct a Sanitary Sewer Lift Station/Public Restroom Building (the “Community Building”) on lot 12 located in a 1.20 acre central park area. The central park area, and agreed upon improvements to accommodate food trucks to operate on an ongoing basis, will be developed during the construction of phase 1 of the project. The Community Building will also be constructed during phase one (1) and will contain a regional lift station (Lift Station 16) and wet well that will be installed, owned and operated by the City of Arlington on a permanent easement, as described within the Binding Site Plan for the project. The Developer is obligated to construct the “Community Building” and the surrounding area on the south east corner of the lot twelve (12) of the BSP per exhibit A of this agreement. The City of Arlington is obligated to construct all items that are required for the lift station functions, these include the wet well, lift station controls, generator, pumps, wiring and service and anything else reasonably needed for the lift station functions. The Park Impact fee (PIF) for lots 3 and 4, is a total of $215,568.00. Lots 3 and 4 will be credited the Park Impact Fee to be applied to both the construction of the Community Building and the agreed upon improvements to the central park site. The central park area is not just for the use of the project occupants, but will be available for use by the general public as well. 1.7 Community Building – • The permanent easement as described in the BSP Project documents includes permanent, secured occupancy within the Community Building for the building area specifically dedicated for lift station operations. Unfettered access to the Lift Station portion of the Community Building shall be available to City of Arlington staff 24 hours a day, 365 days a year. • The City of Arlington will coordinate and arrange for the installation of electric power from Snohomish Public Utility District to serve the electric power needs of both Lift Station 16 and the public restroom. The electric service for this building shall be in the City of Arlington’s name and the City shall be responsible for all future electric Development Agreement 4 charges for these purposes. • The Developer, their heirs or assignees, shall be responsible for the continued and proper maintenance of the Community Building, including building components associated with the building area specifically dedicated for lift station operations. • The City of Arlington will contribute $390,568.00 towards the construction of the Community Building and agreed upon park improvements in the form of a credit for $175,000.00 of in-lieu utility connection fees to be applied to the lift station portion of the building, and a credit of $215,568.00 to be applied to the public restrooms and the agreed upon park improvements. 1.8 Use of Utility Connection fee - As a condition of the Binding site plan, the City and the Developer, with the consent of the property owner of all the property within the BSP, have agreed to the following: • The developer will construct the communication, water and sewer mainlines described in the COA South CIC Utilities Part IA project drawings, included herein as Exhibit D. • The City is required to pursue all easements and ROW associated with these mainline extension plans. • The City is required to complete the South CIC Utilities Part 1B project by the end of year 2021. • The City and Developer have agreed the Developer will construct the South CIC Utilities Part 1A mainline project in lieu of paying the sewer and water connection fees for lots 1-16 of the BSP, based on agreed to reimbursement costs and unit construction cost provided by the developer and included as Exhibit E. 1.9 Dedication. The dedication of real property for Public Right of Way purposes (to construct the 168th St. Road Improvements, the Roundabout and the 51st Ave. frontage improvements) must occur, prior to, or in concert with the City Council approval of this Development Agreement. The Developer shall provide performance security for the Road Improvements in a form acceptable to the City per AMC 20.12 Part IX.-Security Mechanisms, until such time as the Road Improvements are accepted by the City of Arlington. The Roundabout improvement shall not hold up the certificate of occupancy of buildings on lots 3 or 4. The Roundabout improvement shall be completed before completion of building on Lot 5. The dedication of permanent easement and access to the lift station building in the central park area is identified on the BSP. This area will be a dedicated easement area that would allow use and access for the installation and operation of the sanitary sewer lift station for the City of Arlington. 1.10 Benefits. The City recognizes the public benefits which will occur from the permanent development of the property as proposed by the Developer, including the Roundabout, 51st Ave. frontage improvements, 47th Ave. roadway construction, the Community Building and Mainline extension. Likewise, Developer recognizes the benefit of this agreement allowing the use of traffic impact fees, park impact fees and connection fee credits to construct the Roundabout, Community Building and mainline extensions in lieu of paying, all, impact fees in cash. 1.11 Consistency with Development Regulations. The City and the Developer wish to ensure Development Agreement 5 that the Property will be developed in accordance, specifically, with the provisions of the Mixed Use Development Regulations, the Binding Site Plan, in compliance with all applicable City codes, plans, and development regulations, and in a manner acceptable to the City. These include, but are not limited to, the current edition of the Arlington Comprehensive Plan (January 2018) and the Arlington Municipal Code (AMC) specifically including, but not limited to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction (Title 16), Zoning (Title 20) and the most current edition of the City of Arlington Construction Standards and Specifications. 1.12 The City and Developer agree that each has entered into this Development Agreement knowingly and voluntarily and agree to be bound by the terms and conditions of this Development Agreement. 1.13 The City and the Developer agree that the foregoing terms and recitals are material to this Development Agreement, and that each party has relied on the material nature of such terms and recitals in entering this Development Agreement. 1.14 The City Council has authorized the Mayor or City Administrator to enter into this Agreement following a public hearing held in accordance with RCW 36.70B.200. 2.0 ADOPTION OF BINDING SITE PLAN/REQUIREMENTS OF CITY CODE 2.1 The parties agree as follows regarding the conditions of approval required by AMC 20.39.060: a. A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of nonresidential development: The parties agree to, and incorporate by reference herein, the provisions of the Binding Site Plan (BSP). b. The expected build-out time period for the entire project and the various phases: The term of this agreement shall be for a period of eight (8) years from the date hereof. The parties may extend this agreement by written agreement, provided the same is approved by the City Council following a public hearing. c. Project phasing and other project-specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks: the development of the BSP property shall be phased by having each separate lot or parcel make application for permits to develop. The City shall follow all requirements of the State Environmental Policy Act (SEPA) and all applicable city and state regulations, including the then-applicable city mitigation requirements; provided, however, the provisions of this agreement relating to the TIF Credits and PIF Credits for the construction of the Road Improvements, Frontage Improvements and Lift Station Building/Public Restrooms (Section 3 of this Agreement) shall be binding and conclusive on all parties hereto. Development Agreement 6 d. A yearly evaluation of the project status and phasing shall be provided by the applicant and reviewed with city staff: The Developer shall provide a written summary of development status for all lots annually to the City. e. All agreements shall be reviewed during each ten-year update of the comprehensive plan to ensure every project maintains consistency with the city's goals and policies: The parties agree that the City shall take the provisions of this agreement into consideration when developing any update to its comprehensive plans. f. Road and storm water design standards that shall apply to the various phases of the project: The road and storm water design standards that shall apply to the various phases of the project shall be those provisions of the City codes, plans, and development regulations, including, but are not limited to, the current edition of the Arlington Comprehensive Plan (December 2019; the City’s Mixed Use Development Regulations in effect as of the date of this ordinance; and all other provisions of the Arlington Municipal Code (AMC) as of the date of the submission of a complete building permit application specifically including, but not limited to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction (Title 16), Zoning (Title 20); and the most current edition of the City of Arlington Construction Standards and Specifications effective as of the date of the submission of a complete building permit application. g. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project: The parties agree that all development shall strictly conform to the City’s Mixed Use Development Regulations in effect as of the date of this agreement. The Developer agrees that all development of Lots 1-16 of the Binding Site Plan shall also share a commonality between the building forms and architectural features, so that the entire development shall appear to be well planned, designed and constructed, despite any lapse of time in the full development of the BSP property. h. The size and range of uses authorized for any nonresidential development within the project: A minimum of fifty percent (50.0%) of the land included within the Binding Site Plan may be developed for residential purposes, and the balance shall be utilized for non-residential development permitted under the City’s zoning code. i. The minimum and maximum number of residential units for the project: The parties agree that maximum densities will be governed and limited by development requirements including, but not limited to, requirements for Open Space, Park/Civic Space, Parking, dimensional requirements, and the like. Nonetheless, the parties estimate that a minimum density of fifteen (15) dwelling units per acre shall be achieved. j. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur: Not applicable. k. Provisions for the applicant's surrender of an approved development agreement before commencement of construction or cessation of development based upon causes beyond the applicant's control or other circumstances, with the property to develop thereafter under the base zoning in effect prior to the development agreement approval. Should the Developer fail to construct Lots 1-16 in accordance with the terms and conditions of the Binding Site Plan within the term of this Development Agreement 7 agreement (8 years from the date hereof) or any extension of this Agreement, shall expire and be of no further force or effect, and any future development shall comply with all City development regulations then in effect. 3.0 CONSTRUCTION OF 47th AVE. NE, 168th ST. NE, ROUNDABOUT AT 168th ST/51st AVE. INTERSECTION, LIFT STATION BUILDING/PUBLIC RESTROOMS(Community Building) AND FRONTAGE IMPROVEMENTS ALONG 51st AVE NE. 3.1 Required Road Improvements. The City and Developer agree that 51st Avenue NE., a public street, shall be widened and improved by the Developer at the Developer’s expense upon and across the subject property as illustrated in Exhibit B. The street shall be constructed per the approved engineered drawings for The Outpost at Smokey Point Phase 1 (permit # PWD -2204). The Developer recognizes that construction of the roadway shall be required to be completed on or before issuance of a certificate of occupancy for the buildings proposed on Lot 3 and 4. The City and Developer agree that a Roundabout at the intersection of 51st Ave NE and the future 168th Ave, a public roadway, shall be constructed by the developer at the Developer’s expense, within the delineated area, as illustrated in Exhibit C. The City of Arlington is responsible to secure any additional Right Of Way required to complete the Roundabout at this intersection from the adjacent properties, and the location of the intersection improvements shall not impede the construction of any buildings more than shown on lot 15 of the subject BSP, unless agreed upon by the City of Arlington and the owner of lot 15. The completion of the Roundabout shall be completed before the certificate of occupancy for the building on Lot 6. 3.2 Use of Traffic Impact Fees for Roundabout Construction. The City and Developer hereby agree that the development of all lots within the BSP will require the payment of Transportation Impact Fees pursuant to AMC Chapter 20.90. The City agrees that in lieu of payment of the full amount of Transportation Impact Fees, the developer of lots 1-16 within the BSP should receive a credit for the cost of construction for the Roundabout, and the agreed upon amount which would otherwise be due and payable for Transportation Impact Fees is $ 1,251,415.00, which both parties agree is reasonable. 3.3 Cost of Construction for Roundabout at 51st Ave./168th St. Based upon the Engineers Estimated Cost of Construction (EECC), the estimated cost for the construction of the Roundabout is $1,742,232.00, which amount includes both 10% mobilization and a 15% project contingency. The difference between the cost of the traffic impact fee and the actual cost of design and construction of the Roundabout can be recovered in a latecomer’s agreement with the City of Arlington pursuant to the Arlington Municipal Code. 3.4 Required Park Improvements. The City and Developer agree that a public restroom facility and combined lift station building, (the Community Building) shall be constructed by the Developer at the Developer’s expense upon and across the subject property as illustrated in Exhibit A. The Building shall be constructed per the approved Architectural drawings for the Outpost at Smokey Point Lift Station (permit # BLD 3619). The elements of the Community Building, shall consist of, but not be limited to, building excavation, foundation, framing, siding, Development Agreement 8 roofing, plumbing, electrical, HVAC, insulation, drywall, restroom fixtures, lighting fixtures, finish doors, paint, finish detail trim. Elements of the park area, shall consist of, but not be limited to, food truck parking spaces/amenities, sidewalk, concrete paving and sub grade features, storm drainage, pedestrian lighting, planted medians, pavement markings, signage, street trees, landscaping, and lawn, all constructed in full compliance with city codes and the City of Arlington Construction Standards and Specifications in effect at the time of permit application. The Developer recognizes that construction of the Community Building shall be required to be completed on or before issuance of a certificate of occupancy for the building proposed on Lot 3. 3.5 Use of Park Impact Fees for Community Building The City and Developer hereby agree that the development of all lots within the BSP will require the payment of Park impact fees per AMC Chapter 20.90. The City agrees that in lieu of payment of the full amount of Park Impact Fees, the Developer, should receive a credit towards the cost of construction of the Community Building and agreed upon park improvements, and the agreed upon amount which would otherwise be due and payable for Park Impact Fees, for Lots 3 and 4, is $ 215,568.00, which both parties agree is reasonable. The Park Improvements shall be constructed and completed before the Certificate of Occupancy of the building on lot 4. 3.6 Credit for Cost of Construction for Community Building. Based upon the Architect’s Estimated Cost of Construction (EECC) by The Woolsey Company dated April 24, 2021, the City agrees that the estimated cost for the construction of the Lift Station portion of the Community Building is $730,458.75, which amount includes both 10% mobilization and a 15% project contingency. 3.7 Required Utility Extension. The City and Developer agree sewer and water mainline extensions will be constructed per the COA South CIC Utilities Part 1A plans, shall be constructed by the Developer at the Developer’s expense upon and across the subject property as illustrated in Exhibit B, with costs for said construction reimbursed in the form of in-lieu connection fees as detailed in Exhibit C. 3.8 Compliance with State Law. The implementation of the provisions in this Agreement for required Road Improvements will be done in a manner that is consistent with applicable Washington law, including the City of Arlington impact fee ordinances. 4.0 CERTAINTY OF DEVELOPMENT AGREEMENT 4.1 Development Agreement Deemed Controlling. This Agreement, once recorded, and any terms, conditions, maps, notes, references, or regulations which are a part of the Agreement shall be considered enforceable elements of the Arlington Municipal Code. In the case of an explicit conflict with any other provisions of the Arlington Municipal Code, this Agreement shall take precedence. Unless otherwise provided by this Agreement, the City’s ordinances, resolutions, rules and regulations, and official policies governing permitted land uses, density, design, improvement, and construction standards shall be those City ordinances, resolutions, rules and regulations, and official policies in force at the time of the execution of this Development Agreement 9 Agreement. 4.2 Subsequent Actions. This Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the subject property at the time of this Agreement, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations, and policies. 4.3 Changes in the Law. In the event that state or federal laws or regulations, enacted after this Agreement has been entered into, prevent or preclude compliance with one (1) or more of the provisions of the Agreement, such provisions of the Agreement shall be modified or suspended in accordance with Section 6.4 as may be necessary to comply with such state or federal laws or regulations following modification procedures in Section 6.5 for an amendment or cancellation. 4.4 Emergency Situations. The City may suspend the issuance of building permits for the planned Project, if it finds that continued construction would place surrounding residents or the immediate community, or both, in a condition dangerous to their health or safety, or both. 5.0 DISPUTE RESOLUTION 5.1 Party Consultation. In event of any dispute as to interpretation or application of the terms or conditions of this Agreement, the Developer, the principal of the project applicant, and the City Administrator shall meet within ten (10) business days after request from any party for the purpose of attempting, in good faith, to resolve the dispute. The meeting may, by mutual agreement, be continued to a date certain in order to include other parties or persons, or to obtain additional information. The parties agree that any meetings so held shall be privileged as specified in RCW 7.07.030, regardless of whether a mediator is involved in the discussions. 5.2 Decision of City Administrator. In the event the parties are unable to reach agreement as to any dispute, the City Administrator shall issue his or her written determination concerning the disputed issues, which shall be the final decision of the City. 5.3 Judicial Appeal. Any aggrieved party may appeal the decision of the City Administrator to the Snohomish County Superior Court, or as may otherwise be allowed by law and court rules. 6.0 GENERAL PROVISIONS 6.1 Recording. This Agreement shall, following approval by the City Council, be filed as a matter of public record in the office of the Snohomish County Auditor and shall be in the nature of a covenant running with the Property. It is the intent to have this Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to Developer's Property. 6.2 Applicable Law. This Agreement shall be governed by and be interpreted in accordance Formatted: Not Highlight Development Agreement 10 with the laws of the State of Washington. Venue for any legal action brought hereunder shall be in the Snohomish County Superior Court. 6.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of each party hereto. The parties acknowledge that Developer shall have the right to assign or transfer all or any portion of the interests, rights and obligations under this Agreement to other parties acquiring an interest or estate in the property. Consent by the City shall not be required for any transfer or rights pursuant to this Agreement. 6.4 Severability. If any provision of this Agreement is determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement intent of the parties to the maximum extent allowable under law. 6.5 Modification. This agreement may be amended, modified or terminated in conformity with the requirements of RCW 36.70B.170-.200, and other applicable laws, rules or regulations, and upon mutual consent of the parties, which mutual consent of the parties shall be evidenced by a written agreement therefore, signed by the parties hereto. 6.6 Merger. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. None of the provisions of this Agreement shall be merged by the Statutory Warranty Deeds or dedication of the Property. 6.7 Duty of Good Faith. Each party hereto shall cooperate with the other in good faith to achieve the objectives of this Agreement. The parties shall not unreasonably withhold requests for information, approvals or consents provided for, or implicit, in this Agreement. The parties shall execute any additional documentation reasonably required to carry out the intent and obligations under this Agreement. 6.8 Disclosure upon Transfer. Developer agrees that in the event of a proposed sale, gift, transfer, segregation, assignment or devise of the Property, Developer shall disclose the existence of this Agreement to the interested party. 6.9 No Presumption against Drafter. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this agreement. 6.10 Notices. All communications, notices and demands of any kind which a party under this Agreement is required or desires to give to any other party and be either (1) delivered personally, (2) sent by email transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: Development Agreement 11 If to the City: City of Arlington 8204 59th Avenue NE Arlington, WA 98223 Attn: Marc Hayes Email:mhayes@arlingtonwa.gov Fax: If to the Developer: Arlington 51st Street, LLC 702A Metcalf Street Sedro-Woolley, WA 98284 Attn: Paul Woodmansee Email: Paul@bykconstruction.com Fax: (509) 922-2251 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed received 48 hours after deposit. Any party at any time by notice to the other party may designate a different address or person to which such notice shall be given. 6.11 Term. Unless extended this Agreement shall automatically expire and the obligations of the parties cease eight (8) years after the date of its execution, without the need for further act or documentation. The parties acknowledge and agree that this Agreement may be extended if necessary, to enable Developer to recoup the cost of the Road Improvements from the traffic credits remaining on Lots 2, 3, and 4. IN WITNESS WHEREOF, the undersigned have set their hands the day and date set out next to their signatures. Development Agreement 12 City (Grantee): Liability Company Approved as to Form: Development Agreement 13 EXHIBIT A - Boundary area of planned construction for Lift Station and Park Impact Fee Credit. Development Agreement 14 Exhibit B - 51st Avenue NE widening and improvement area Development Agreement 15 Exhibit C - 51st Avenue NE and 168th Street NE Roundabout construction area Development Agreement 16 Exhibit D - COA South CIC utilities part 1A plans Development Agreement 17 Exhibit E - In Lieu Utility Connection Fee Credit Schedule The following terms are mutually agreed to regarding the accruing and use of utility fee connection credits: 1. The developer shall receive water utility connection fee credits and sanitary sewer utility connection fee credits for the following agreed following unit priced construction work associated with construction of communication, water and sewer infrastructure per the Exhibit D. Credits shall be applicable for respective water connection fees and sewer connection fees for all water and sewer services directly associated to this development. Agreed to water and sewer utility connection fees for execution of this agreement. 2. All work shall be performed in accordance with the City of Arlington Engineering and Construction Standards and Specification Works Inspector. Work not meeting City of Arlington stand is completed, the City of Arlington will issue a letter of acceptance including the dollar amount of the respective utility fee credits. The resp credits are not transferrable to any other development or other service connection outside of this development agreement. 3. The accounting of credits for service connection fees will be maintained by the Public Works Accountan connection fee credits shall expire after a term of fifteen (15) years, upon the issuance of the letter of acceptance. 4. Agreed Expenses – The following summarizes the City of Arlington Agreed to Non-Construction Expenses: Outpost at 51st Ave Agreed to Non-Construction Expenses Water Sewer 2 PURCHASE OF SURVEY DATA $11,000.00 $5,500.00 $5,500.00 TOTAL $186,000.00 $93,000.00 $93,000.00 5. Construction Expenses – The following summarizes the estimated unit priced construction expenses for construction of communication, water and sewer infrastructure associated with the South CIC Utilities Phase 1A: Development Agreement 18 South Cascade Industrial Center Utilities - Part 1A Construction Cost Estimate Water Sewer 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $25,000.00 $25,000.00 $12,500.00 $12,500.00 6 GATE VALVE 12" 2 EA $3,000.00 $6,000.00 $6,000.00 $0.00 9 DUCTILE IRON PIPE FOR SAN SEWER FORCE MAIN CASING, 12" DIAM.18 LF $100.00 $1,800.00 $0.00 $1,800.00 12 1 IN. COMBINATION AIR/VACUUM VALVE ASSEMBLY 1 EA $3,000.00 $3,000.00 $0.00 $3,000.00 15 SANITARY SEWER MANHOLE TYPE 1, 48" DIAM. 2 EA $3,000.00 $6,000.00 $0.00 $6,000.00 18 CONNECTION TO EXISTING MANHOLE 1 EA $4,000.00 $4,000.00 $0.00 $4,000.00 21 TELECOM BOX NON-TRAFFIC BEARING FOR FIBER OPTIC 8 EA $1,225.00 $9,800.00 $0.00 $9,800.00 24 REMOVE AND REPLACE CEMENT CONC. SIDEWALK 10 SY $120.00 $1,200.00 $0.00 $1,200.00 Development Agreement 19 Development Agreement 20 Title 20 - ZONING Chapter 20.39 DEVELOPMENT AGREEMENTS Arlington, Washington, Code of Ordinances Created: 2021-07-13 21:18:56 [EST] (Supp. No. 27) Page 1 of 3 Chapter 20.39 DEVELOPMENT AGREEMENTS 20.39.005 Development agreements—Authorized. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (Ord. No. 1452, 9-26-2008) 20.39.010 Development standards defined. For purposes of this chapter, the term "development standards" means and includes, but is not limited to: (1) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, application fees, administrative charges, inspection fees, drafting fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under AMC Chapter 20.98; (4) Design standards such as maximum heights, setbacks, lot coverage, drainage and water quality requirements, landscaping, and design guidelines; (5) Affordable housing; (6) Parks and open space preservation; (7) Phasing; (8) Review procedures and standards for implementing decisions; (9) A build-out or vesting period for applicable standards; and (10) Any other development requirement or procedure deemed appropriate by the city council. (Ord. No. 1452, 9-26-2008) 20.39.020 Development standards—Flexibility. A development agreement shall be consistent with applicable development regulations to the fullest extent possible; provided, a development agreement may allow development standards different from those otherwise imposed under the Arlington Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable city standards. Any approved development standards that differ from those in the code shall not require any further zoning reclassification, variance from city standards or other city approval apart from development agreement approval, except that no deviation from airport protection district regulations or critical areas regulations shall be permitted. The development standards as approved Created: 2021-07-13 21:18:56 [EST] (Supp. No. 27) Page 2 of 3 through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Arlington Municipal Code. Subsequently adopted standards which differ from those of a development agreement adopted by the city as provided in this chapter shall apply to the covered development project only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases which are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes in effect when the permit is applied for. (Ord. No. 1452, 9-26-2008) 20.39.030 Exercise of city police power and contract authority. As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the city's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. (Ord. No. 1452, 9-26-2008) 20.39.040 Form—Public hearing required. Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development agreements shall be in form and content as approved by the city attorney and shall be subject to review and approval by the city council after a duly noticed public hearing pursuant to AMC 20.24.020 Public Notice Requirements. (Ord. No. 1452, 9-26-2008) 20.39.050 Referral to hearing examiner. By motion of the city council, development agreements proposing standards that differ from those otherwise applicable under AMC Title 20, Zoning, may first be referred to the hearing examiner for his or her recommendation and report, and the hearing examiner shall promptly report to the council thereon, making such recommendations and giving such counsel as he or she may deem proper. (Ord. No. 1452, 9-26-2008) 20.39.060 Conditions of approval. In approving a development agreement, conditions of approval should at a minimum establish the following, or reference approved plans, conditions, or existing codes addressing such items: (1) A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of nonresidential development; (2) The expected build-out time period for the entire project and the various phases; (3) Project phasing and other project-specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks; Created: 2021-07-13 21:18:56 [EST] (Supp. No. 27) Page 3 of 3 (4) A yearly evaluation of the project status and phasing shall be provided by the applicant and reviewed with city staff; (5) All agreements shall be reviewed during each ten-year update of the comprehensive plan to ensure every project maintains consistency with the city's goals and policies. Road and storm water design standards that shall apply to the various phases of the project; (6) Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project; (7) The size and range of uses authorized for any nonresidential development within the project; (8) The minimum and maximum number of residential units for the project; (9) Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur; and (10) Provisions for the applicant's surrender of an approved development agreement before commencement of construction or cessation of development based upon causes beyond the applicant's control or other circumstances, with the property to develop thereafter under the base zoning in effect prior to the development agreement approval. (Ord. No. 1452, 9-26-2008) 20.39.070 Discretionary, legislative act. The decision of the city council to approve or reject a request for a development agreement shall be a discretionary, legislative act and an exercise of the city's police power and contract authority. (Ord. No. 1452, 9-26-2008) City of Arlington Council Agenda Bill Item: PH #2 Attachment C portion of the unit to be utilized as residential for up to five years, allowing sufficient time for the marketplace to support the commercial/retail use of the unit. Another item addressed is the reduction of the buffer width on the relict channel along 172nd St NE, and its required mitigation, both onsite and offsite. RESOLUTION NO. 2021 – 032 A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON APPROVING A DEVELOPMENT AGREEMENT WITH CENTENNIAL PARK 5J, LLC WHEREAS, CENTENNIAL PARK 5J, LLC (“Developer”) intends to develop a Mixed-Use project and associated improvements (“Project”) on real property located at 17215-17327 67th Avenue NE, Arlington, Washington; and WHEREAS, Developer requested that the City of Arlington and Developer enter into a development agreement pursuant to the terms of Chapter 20.39 of the Arlington Municipal Code to set forth development standards and other provisions that will govern and vest the Project; and WHEREAS, pursuant to RCW 36.70B.200, the Arlington City Council held a public hearing on August 2, 2021 regarding the proposed development agreement, and, after considering all testimony presented at the public hearing, determined that the development agreement should be approved. NOW, THEREFORE, the Arlington City Council resolves as follows: 1. The Development Agreement attached hereto as Exhibit A is approved and the Mayor is authorized to sign the agreement. 2. As provided in RCW 36.70B.190, the Development Agreement shall be recorded with the real property records of Snohomish County, Washington and shall be binding on the parties and their successors and assigns. ADOPTED by the City Council and APPROVED by the Mayor this 2nd day of August, 2021. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor ATTEST: ________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney EXHIBIT A Development Agreement 1 AFTER RECORDING, RETURN TO: CITY OF ARLINGTON 18204 59TH AVENUE NE ARLINGTON, WA 98223 DEVELOPMENT AGREEMENT DEVELOPER(S): Centennial Park 5J, LLC GRANTEE(S): City of Arlington, Washington LEGAL (Abbrev.): SEC 23 TWP 31 RGE 05SW1/4 SW1/4 SW1/4 EXC ANY PTN THOF LY WHN 172ND ST NE & 67TH AVE NE & EXC ANY PTN THOF LY S OF 172ND ST NE & ALSO EXC TH PTN THOFCONVYD TO CITY OF ARL PER DEED REC AF NO 9610250370 ASSESSOR'S TAX#: 31052300300800 REFERENCE #: Centennial Park 5J, LLC -PLN#543 The parties to this agreement are the City of Arlington, a Washington municipal corporation ("City"), and Centennial Park 5J, LLC, a Washington limited liability company (“Developer"). All references herein to Developer shall be deemed to include any successors and/or assigns of Centennial Park 5J, LLC. The parties do enter into the following agreement to promote the development of certain real property located within the City, upon the following terms and conditions ("Agreement"). 1.0 RECITALS 1.1 Location of Property. Developer warrants that it controls certain real property located between 17215- 17327 67th Ave. NE, ARLINGTON, WA 98223, being more particularly described in Exhibit “B” (hereafter “the Property”). 1.2 Zoning. The Property is zoned Neighborhood Commercial (NC) and located within a Mixed Use Overlay Zone, which allows the property to be utilized proportionately for both commercial/retail and high density residential uses. 1.3 Permanent Use. The Developer wishes to develop a Multi-Family Housing and Commercial Mixed-Use community on an 8.81 acre parcel, in accordance with the City’s Mixed Use Development Regulations, Chapter 20.110 AMC, Ordinance No. 2017-021, Development Agreement 2 adopted on December 28, 2017 (“Mixed Use Development Regulations”). 1.4 Permanent Use of Unit Types. Buildings A, B, C, D, and O have incorporated live/work units within the building envelope. Live/work units are designed to provide for retail or commercial uses on the ground floor, while providing for residential occupancy on the upper floor. The developer has chosen to utilize a “flex” option for the live/work units, that requires the unit to be constructed as commercial space, but allows for only residential use for a limited period of time, up to five (5) years, from Certificate of Occupancy, until such time the market supports the commercial/retail use of the live/work units as approved in the CUP. Developer, prior to the five year sunset date, will provide the City with a Market Analysis showing that the commercial/retail use can, or cannot, be supported by the current market conditions. If such analysis does not support the commercial/retail use, then the City and Developer will negotiate an extension of the “flex” use upon the units. If the analysis does support the commercial/retail use, then the units must be fully utilized as live/work units within one (1) year from the sunset date of five (5) years. 1.5 Project Site Plan. Neither the Binding Site Plan or Short Plat process are being utilized because the subject parcel is being developed as a single parcel and owned by a single entity. A Development Agreement will be required to ensure that the intent and conditions of the Horizontal Mixed-Use Overlay are addressed in perpetuity. The project site has an underlining zoning of Neighborhood Commercial (NC), but the subject property will be developed under the City’s mixed use overlay, with a mix of residential and commercial uses. The Centennial Park Phase I consists of 14 3-story buildings, incorporating 157 housing units and 4,872 s. f. of Retail. The unit mix will provide 26 studio units, 61 1-bedroom units, 40 2-bedroom units, and 30 3-bedroom units. Phase II consists of 3 3-story buildings, incorporating 45 residential units, and 2,793 s. f. of Retail. The unit mix will provide 4 studio units, 17 1-bedroom units, 12 2-bedroom units, and 12 3-bedroom units. All units are Market Rate. Amenities to be included on-site are mini parks, walking trails, community room, pool, and Dog Park. The project was divided into two separate phases because of issues that arose regarding the disposition of a relict channel across the southern boundary of the subject property, the City’s critical areas ordinance and how mitigation would be accomplished to allow for a reduction of the critical area buffer. The final configuration was adjusted to include a total of 202 multifamily residential units in 3-story configuration and 7,665 square-feet (SF) of retail space. All other amenities remained the same. Phase I is depicted in Exhibit “A” and Phase II in Exhibit “A-1”. Exhibits A and A-1 are together referred to herein as the “Approved Site Plan”. 1.6 Traffic Impact Fees. The final Traffic Impact Analysis (TIA) was revised to address reconfiguration from 2 story units to some 3 story units which resulted in a slight reduction of Traffic Impact Fees (TIF). The final TIF for the project is as follows; Multifamily Housing (Mid-Rise), 202 units - $298,595.00, equivalent to $1,478.19 per unit. Shopping Center, 7,665 SF - $63,745.00, equivalent to $8.32 per SF. The Centennial Park development is anticipated to generate 108 new PM peak-hour trips. These trips result in a City of Arlington traffic mitigation fee of $362,340.00. Development Agreement 3 1.7 Dedication. The dedication of real property for Public Right of Way purposes (to construct the Road Improvements and Frontage Improvements) must occur on or before issuance of a certificate of occupancy for the first building within Phase I of the Development. The Developer shall provide performance security for the Road Improvements in a form acceptable to the City per AMC 20.12 Part IX.-Security Mechanisms, until such time as the Road Improvements are accepted by the City of Arlington. Dedication of property was not required at this time, but future dedication may be required by WSDOT in conjunction with the SR 531 widening project. The City and Developer have agreed to the dedication of real property by 5 J Williams Family LLC, an affiliate of Developer, from parcel APN 31052800100700, with the legal description of area to be dedicated, provided in Exhibit “C”. Dedication of subject property must occur prior to, or in concert with the approval of this Development Agreement. 1.8 Variance/Mitigation. As a part of Phase II development, Williams Investment applied for a variance to reduce the buffer width associated with the relict stream channel upon the southern boundary of the project. While there are in-channel enhancements being made onsite as mitigation for the buffer reduction, not all the mitigation could be performed onsite. The City has agreed to allow the additional required mitigation (offsite mitigation) to occur on a separate parcel of land owned by 5J Williams Family LLC, located at the headwaters of Hayho Creek. A Mitigation Plan was prepared by Soundview Consultants LLC for both the onsite and offsite mitigation requirements for the relict channel/ buffer reduction, associated with Centennial Park Phase II. 1.9 Benefits. The City recognizes the public benefits which will occur from the permanent, mixed-use development of the property as proposed by the Developer. Likewise, the developer recognizes the benefit that the City’s Mixed-Use Development Regulations provide to allow for a combination of retail and residential development upon commercially zoned properties. 1.10 Consistency with Development Regulations. The City and the Developer wish to ensure that the Property will be developed in accordance, specifically, with the provisions of the Mixed Use Development Regulations, and in compliance with all applicable City codes, plans, and development regulations, and in a manner acceptable to the City. These include, but are not limited to, the current edition of the Arlington Comprehensive Plan (December 2019) and the Arlington Municipal Code (AMC) specifically including, but not limited to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction (Title 16), Zoning (Title 20) and the most current edition of the City of Arlington Construction Standards and Specifications. 1.11 The City and Developer have entered into this Development Agreement knowingly and voluntarily and agree to be bound by the terms and conditions of this Development Agreement. Development Agreement 4 1.12 The City and the Developer agree that the foregoing terms and recitals are material to this Development Agreement, and that each party has relied on the material nature of such terms and recitals in entering this Development Agreement. 1.13 The City Council has authorized the Mayor or City Administrator to enter into this Agreement following a public hearing held in accordance with RCW 36.70B.200. 2.0 ADOPTION OF REQUIREMENTS OF CITY CODE 2.1 The parties agree as follows regarding the conditions of approval required by AMC 20.39.060: a. A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of nonresidential development: The parties agree to, and incorporate by reference herein, the provisions of the Approved Site Plan, and all conditions thereof related to the conditional use permit and Approved Site Plan. b. The expected build-out time period for the entire project and the various phases: The term of this agreement shall be for a period of five (5) years from the date hereof. The parties may extend this agreement by written agreement, provided the same is approved by the City Council. c. Project phasing and other project-specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks: the development of the subject property shall be conducted in two phases. The City shall follow all requirements of the State Environmental Policy Act (SEPA) and all applicable city and state regulations, including the then-applicable city mitigation requirements. d. A yearly evaluation of the project status and phasing shall be provided by the applicant and reviewed with city staff: The Developer shall provide a written summary of development status for phase I and phase II to the City not less than annually during the term of this agreement. e. All agreements shall be reviewed during each ten-year update of the comprehensive plan to ensure every project maintains consistency with the city's goals and policies: The parties agree that the City shall take the provisions of this agreement into consideration when developing any update to its comprehensive plans. f. Road and storm water design standards that shall apply to the various phases of the project: The road and storm water design standards that shall apply to the various phases of the project shall be those provisions of the City codes, plans, and development regulations, including, but are not limited to, the current edition of the Arlington Comprehensive Plan (December 2019; the City’s Mixed Use Development Regulations in effect as of the date of this ordinance; and Development Agreement 5 all other provisions of the Arlington Municipal Code (AMC) as of the date of the submission of a complete building permit application specifically including, but not limited to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction (Title 16), Zoning (Title 20); and the most current edition of the City of Arlington Construction Standards and Specifications effective as of the date of the submission of a complete building permit application. g. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project: The parties agree that all development shall strictly conform to the City’s Mixed Use Development Regulations in effect as of the date of this agreement. The Developer agrees that all buildings upon the subject property shall share a commonality between the building forms and architectural features, so that the entire development shall appear to be well planned, designed and constructed, despite any lapse of time in the full development of the subject property. h. The size and range of uses authorized for any nonresidential development within the project: A minimum of fifty percent (50.0%) of the land included within the Binding Site Plan shall be developed for residential purposes, and the balance may be utilized for non-residential development permitted under the City’s zoning code. i. The minimum and maximum number of residential units for the project: The parties agree that maximum densities will be governed and limited by development requirements including, but not limited to, requirements for Open Space, Park/Civic Space, Parking, dimensional requirements, and the like. Nonetheless, the parties estimate that a minimum density of fifteen (15) dwelling units per acre shall be achieved. j. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur: Not applicable. k. Provisions for the applicant's surrender of an approved development agreement before commencement of construction or cessation of development based upon causes beyond the applicant's control or other circumstances, with the property to develop thereafter under the base zoning in effect prior to the development agreement approval. Should the Developer fail to construct phase 1 and phase II in accordance with the terms and conditions of the Conditional Use Permit within the term of this agreement (5 years from the date hereof) or any extension of this Agreement, this Agreement shall expire and be of no further force or effect, and any future development shall comply with all City development regulations then in effect. 3.0 Frontage Improvements 3.1 Required Frontage Improvements. The City and Developer agree that frontage improvements along both 67th Ave. NE. and 172nd St. NE. shall be constructed by the Developer at the Developer’s expense upon and across the subject property as illustrated in Exhibit A. The frontage improvements shall be constructed per the approved engineered Development Agreement 6 drawings for the Centennial Park phase I and phase II (permit # PWD -1860, PWD - 2427). The elements of said improvements, shall consist of, but not be limited to, curb/gutter, sidewalk, asphalt concrete paving and sub grade features, storm drainage, street lighting, planted medians, pavement markings, signage, street trees and landscaping, all constructed in full compliance with city codes and the City of Arlington Construction Standards and Specifications in effect at the time of permit application. The Developer recognizes that construction of the frontage improvements shall be required to be completed on or before issuance of a certificate of occupancy for each phase of the project as proposed on the approved site plan. 3.2 Compliance with State Law. The implementation of the provisions in this Agreement for required Road Improvements will be done in a manner that is consistent with applicable Washington law, including the City of Arlington impact fee ordinances. 4.0 CERTAINTY OF DEVELOPMENT AGREEMENT 4.1 Development Agreement Deemed Controlling. This Agreement, once recorded, and any terms, conditions, maps, notes, references, or regulations which are a part of the Agreement shall be considered enforceable elements of the Arlington Municipal Code. In the case of an explicit conflict with any other provisions of the Arlington Municipal Code, this Agreement shall take precedence. Unless otherwise provided by this Agreement, the City’s ordinances, resolutions, rules and regulations, and official policies governing permitted land uses, density, design, improvement, and construction standards shall be those City ordinances, resolutions, rules and regulations, and official policies in force at the time of the execution of this Agreement. 4.2 Subsequent Actions. This Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the subject property at the time of this Agreement, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations, and policies. 4.3 Changes in the Law. In the event that state or federal laws or regulations, enacted after this Agreement has been entered into, prevent or preclude compliance with one (1) or more of the provisions of the Agreement, such provisions of the Agreement shall be modified or suspended in accordance with Section 6.4 as may be necessary to comply with such state or federal laws or regulations following modification procedures in Section 6.5 for an amendment or cancellation. 4.4 Emergency Situations. The City may suspend the issuance of building permits for the planned Project, if it finds that continued construction would place surrounding residents or the immediate community, or both, in a condition dangerous to their health or safety, or both, provided that Developer shall be granted reasonable opportunity to mitigate any such conditions and to proceed with the project. Development Agreement 7 5.0 DISPUTE RESOLUTION 5.1 Party Consultation. In event of any dispute as to interpretation or application of the terms or conditions of this Agreement, the Developer, the principal of the project applicant, and the City Administrator shall meet within ten (10) business days after request from any party for the purpose of attempting, in good faith, to resolve the dispute. The meeting may, by mutual agreement, be continued to a date certain in order to include other parties or persons, or to obtain additional information. The parties agree that any meetings so held shall be privileged as specified in RCW 7.07.030, regardless of whether a mediator is involved in the discussions. 5.2 Decision of City Administrator. In the event the parties are unable to reach agreement as to any dispute, the City Administrator shall issue his or her written determination concerning the disputed issues, which shall be the final decision of the City. 5.3 Judicial Appeal. Any aggrieved party may appeal the decision of the City Administrator to the Snohomish County Superior Court, or as may otherwise be allowed by law and court rules. 6.0 GENERAL PROVISIONS 6.1 Recording. This Agreement shall, following approval by the City Council, be filed as a matter of public record in the office of the Snohomish County Auditor and shall be in the nature of a covenant running with the Property. It is the intent to have this Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to Developer's Property. 6.2 Applicable Law. This Agreement shall be governed by and be interpreted in accordance with the laws of the State of Washington. Venue for any legal action brought hereunder shall be in the Snohomish County Superior Court. 6.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of each party hereto. The parties acknowledge that Developer shall have the right to assign or transfer all or any portion of the interests, rights and obligations under this Agreement to other parties acquiring an interest or estate in the property. Consent by the City shall not be required for any transfer or rights pursuant to this Agreement. 6.4 Severability. If any provision of this Agreement is determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement intent of the parties to the maximum extent allowable under law. 6.5 Modification. This agreement may be amended, modified or terminated in Development Agreement 8 conformity with the requirements of RCW 36.70B.170-200, and other applicable laws, rules or regulations, and upon mutual consent of the parties, which mutual consent of the parties shall be evidenced by a written agreement therefore, signed by the parties hereto. 6.6 Merger. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. None of the provisions of this Agreement shall be merged by the Statutory Warranty Deeds or dedication of the Property. 6.7 Duty of Good Faith. Each party hereto shall cooperate with the other in good faith to achieve the objectives of this Agreement. The parties shall not unreasonably withhold requests for information, approvals or consents provided for, or implicit, in this Agreement. The parties shall execute any additional documentation reasonably required to carry out the intent and obligations under this Agreement. 6.8 Disclosure upon Transfer. Developer agrees that in the event of a proposed sale, gift, transfer, segregation, assignment or devise of the Property, Developer shall disclose the existence of this Agreement to the interested party. 6.9 No Presumption against Drafter. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this agreement. 6.10 Notices. All communications, notices and demands of any kind which a party under this Agreement is required or desires to give to any other party and be either (1) delivered personally, (2) sent by email transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Arlington 8204 59th Avenue NE Arlington, WA 98223 Attn: Marc Hayes Email:mhayes@arlingtonwa.gov Fax: If to the Developer: Centennial Park 5J, LLC Development Agreement 9 2517 Colby Ave. Everett, WA 98201 Attn: Jari Williams Email: jari@williamsinvest.com Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed received 48 hours after deposit. Any party at any time by notice to the other party may designate a different address or person to which such notice shall be given. 6.11 Term. Unless extended this Agreement shall automatically expire and the obligations of the parties cease five(5) years after the date of its execution, without the need for further act or documentation. The parties acknowledge and agree that this Agreement may be extended if necessary. IN WITNESS WHEREOF, the undersigned have set their hands the day and date set out next to their signatures. Development Agreement 10 Centennial Park 5J, LLC a Limited Liability Company Date: Date: CITY OF ARLINGTON Date: Mayor Barbara Tolbert Approved as to Form: Development Agreement 11 Development Agreement 12 Development Agreement 13 Title 20 - ZONING Chapter 20.39 DEVELOPMENT AGREEMENTS Arlington, Washington, Code of Ordinances Created: 2021-07-13 21:18:56 [EST] (Supp. No. 27) Page 1 of 3 Chapter 20.39 DEVELOPMENT AGREEMENTS 20.39.005 Development agreements—Authorized. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (Ord. No. 1452, 9-26-2008) 20.39.010 Development standards defined. For purposes of this chapter, the term "development standards" means and includes, but is not limited to: (1) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, application fees, administrative charges, inspection fees, drafting fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under AMC Chapter 20.98; (4) Design standards such as maximum heights, setbacks, lot coverage, drainage and water quality requirements, landscaping, and design guidelines; (5) Affordable housing; (6) Parks and open space preservation; (7) Phasing; (8) Review procedures and standards for implementing decisions; (9) A build-out or vesting period for applicable standards; and (10) Any other development requirement or procedure deemed appropriate by the city council. (Ord. No. 1452, 9-26-2008) 20.39.020 Development standards—Flexibility. A development agreement shall be consistent with applicable development regulations to the fullest extent possible; provided, a development agreement may allow development standards different from those otherwise imposed under the Arlington Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable city standards. Any approved development standards that differ from those in the code shall not require any further zoning reclassification, variance from city standards or other city approval apart from development agreement approval, except that no deviation from airport protection district regulations or critical areas regulations shall be permitted. The development standards as approved Created: 2021-07-13 21:18:56 [EST] (Supp. No. 27) Page 2 of 3 through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Arlington Municipal Code. Subsequently adopted standards which differ from those of a development agreement adopted by the city as provided in this chapter shall apply to the covered development project only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases which are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes in effect when the permit is applied for. (Ord. No. 1452, 9-26-2008) 20.39.030 Exercise of city police power and contract authority. As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the city's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. (Ord. No. 1452, 9-26-2008) 20.39.040 Form—Public hearing required. Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development agreements shall be in form and content as approved by the city attorney and shall be subject to review and approval by the city council after a duly noticed public hearing pursuant to AMC 20.24.020 Public Notice Requirements. (Ord. No. 1452, 9-26-2008) 20.39.050 Referral to hearing examiner. By motion of the city council, development agreements proposing standards that differ from those otherwise applicable under AMC Title 20, Zoning, may first be referred to the hearing examiner for his or her recommendation and report, and the hearing examiner shall promptly report to the council thereon, making such recommendations and giving such counsel as he or she may deem proper. (Ord. No. 1452, 9-26-2008) 20.39.060 Conditions of approval. In approving a development agreement, conditions of approval should at a minimum establish the following, or reference approved plans, conditions, or existing codes addressing such items: (1) A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of nonresidential development; (2) The expected build-out time period for the entire project and the various phases; (3) Project phasing and other project-specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks; Created: 2021-07-13 21:18:56 [EST] (Supp. No. 27) Page 3 of 3 (4) A yearly evaluation of the project status and phasing shall be provided by the applicant and reviewed with city staff; (5) All agreements shall be reviewed during each ten-year update of the comprehensive plan to ensure every project maintains consistency with the city's goals and policies. Road and storm water design standards that shall apply to the various phases of the project; (6) Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project; (7) The size and range of uses authorized for any nonresidential development within the project; (8) The minimum and maximum number of residential units for the project; (9) Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur; and (10) Provisions for the applicant's surrender of an approved development agreement before commencement of construction or cessation of development based upon causes beyond the applicant's control or other circumstances, with the property to develop thereafter under the base zoning in effect prior to the development agreement approval. (Ord. No. 1452, 9-26-2008) 20.39.070 Discretionary, legislative act. The decision of the city council to approve or reject a request for a development agreement shall be a discretionary, legislative act and an exercise of the city's police power and contract authority. (Ord. No. 1452, 9-26-2008) City of Arlington Council Agenda Bill Item: NB #1 Attachment D evaluate the advantages of entering into a partnership agreement or lease regarding the Cascade Industrial Center for job development; evaluate opportunities to partner with Washington State University for a possible center of excellence in green manufacturing and robotics or other MEMORANDUM OF UNDER STANDING THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") takes effect August 1, 2021 by the undersigned parties (each a "Party" and together the "Parties"). WHEREAS, City of Arlington, a Washington municipal corporation (the "City"), and Port of Everett, a Washington port district (the "Port") have a common interest in job growth, tax base expansion, supporting international trade, and growth in key industries of, by way of example, food production, wood products, clean energy, and construction (collectively, the "Common Goals"). WHEREAS, this Memorandum expresses the intention of the Parties to continue to work together in achieving the Common Goals. The Parties have been working cooperatively and wish to memorialize that relationship in the Memorandum. NOW, THEREFORE, the Parties hereby agree as follows: 1. The Parties will work together and collaborate in exploring the following strategies to achieve the Common Goals: (a) Supporting employer recruitment to the Cascade Industrial Center including assessment, financial consulting, and outreach; (b) Evaluate the advantages of entering into a partnership agreement or lease regarding the Cascade Industrial Center, for job development; (c) Evaluate opportunities to partner with Washington State University for a possible center of excellence in green manufacturing and robotics or other opportunities as they may arise; (d) Evaluating the advantages of expanding the boundary of the Port' s district to include all or portions of the Cascade Industrial Center; and Goals. (e) Considering other strategies that may assist in achieving the Common 2. This Memorandum shall be effective until August 31, 2023. 3. Neither Party will be obligated to incur any third-party costs and liabilities in performing the activities anticipated under this Memorandum. Both Parties shall incur all costs and liabilities of their own employees. The Memorandum is not intended to create any third-party benefit unless specifically agreed to in writing by the Parties. 4. The terms as outlined herein are agreed to by both parties. This Memorandum is non-binding. - 1 - 5. The terms as outlined herein are agreed to by both parties. This Memorandum is non-binding. IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the date first written above. Port of Everett a Washington port district By: ___________________________________________ Name: ___________________________ Title: ____________________________ City of Arlington a Washington municipal corporation By: ____________________________ Name: __________________________ Title: ___________________________ - 2 - City of Arlington Council Agenda Bill Item: NB #2 Attachment E 2021-2022 Budgeted – amendment needed LEGAL REVIEW: DESCRIPTION: Review of bids for the WRF Permeate Equalization Project and award of project to low bidder. HISTORY: The November 2019 NPDES permit reissuance required the City to perform several maintenance and improvement projects to the WRF. These improvements include: 1) conversion of Arlington Water Reclamation Facility membrane basin #6 into a permeate equalization basin, 2) adding effluent controls and monitoring systems, 3) installation of a reclaimed water metering system, 4) replacement of the existing digested sludge pumps with positive displacement pumps, and 5) system integration (programming). Item Qty. 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 1 LS 116,276.00$       116,276.00$       72,892.00$         72,892.00$         135,000.00$       135,000.00$       70,000.00$         70,000.00$         52,672.00$         52,672.00$         135,000.00$       135,000.00$        2 1 LS 70,783.00$         70,783.00$         3,000.00$           3,000.00$           5,000.00$           5,000.00$           7,000.00$           7,000.00$           1,874.00$           1,874.00$           7,500.00$           7,500.00$            3 1 LS 53,700.00$         53,700.00$         92,000.00$         92,000.00$         78,000.00$         78,000.00$         70,000.00$         70,000.00$         129,595.00$       129,595.00$       105,000.00$       105,000.00$        4 1 LS 91,163.00$         91,163.00$         135,000.00$       135,000.00$       174,000.00$       174,000.00$       160,000.00$       160,000.00$       138,259.00$       138,259.00$       158,000.00$       158,000.00$        5 1 LS 569,102.00$       569,102.00$       230,000.00$       230,000.00$       200,000.00$       200,000.00$       260,000.00$       260,000.00$       288,314.00$       288,314.00$       235,000.00$       235,000.00$        6 1 LS 164,450.00$       164,450.00$       675,000.00$       675,000.00$       621,500.00$       621,500.00$       663,000.00$       663,000.00$       722,247.00$       722,247.00$       740,000.00$       740,000.00$        7 1 LS 163,565.00$       163,565.00$       80,000.00$         80,000.00$         92,000.00$         92,000.00$         85,000.00$         85,000.00$         65,980.00$         65,980.00$         56,000.00$         56,000.00$          8 1 LS 50,000.00$         50,000.00$         50,000.00$         50,000.00$         50,000.00$         50,000.00$         50,000.00$         50,000.00$         50,000.00$         50,000.00$         50,000.00$         50,000.00$          1,279,039.00$   1,337,892.00$   1,355,500.00$   1,365,000.00$   1,448,941.00$   1,486,500.00$    117,671.59$       123,086.06$       124,706.00$       125,580.00$       133,302.57$       136,758.00$        1,396,710.59$   1,460,978.06$   1,480,206.00$   1,490,580.00$   1,582,243.57$   1,623,258.00$    Date: July 15, 2021 Award ConstructionEngineer's Estimate Apparent Low Bidder Mcclure & Sons Inc. Strider Construction Hawk Mechanical Digested Sludge Pumps Permeate Equalization Force Account Work Systems Integration Electrical Work Total Bid Amount Sales Tax 9.2% Total  IMCO Construction WRF Permeate Equalization and Digested Sludge Pumping Description  Mobilization/Demobilization, Bonds & ins. Reclaimed Water Flow Meter Vault Reclaimed Water and Effulent Monitoring City of Arlington Council Agenda Bill Item: NB #3 Attachment F (Budget Amendment Needed) LEGAL REVIEW: DESCRIPTION: Resolution rejecting the bid protest, and award the contract for the Cascade Industrial Center Lift Station 16 Project to the successful low bidder, Equity Builders, LLC. HISTORY: The CIC Industrial Center Lift Station 16 project will assist in providing sewer service to the southern half of the Cascade Industrial Center. The full project was not budgeted, but because of accelerated development in the Cascade Industrial Center, these utilities need to be installed. The additional funds are available in the Sewer Capital Fund. The City contracted with Murraysmith for completion of the design and the project was publically bid in July, bids opened on July 15, 2021. The certified low bidder is Equity Builders, Inc. with a bid in the amount of $1, 349,073.20. RESOLUTION 2021-XXX 1 RESOLUTION NO. 2021 – 033 A RESOLUTION OF THE CITY OF ARLINGTON REJECTING A BID CHALLENGE BY STRIDER CONSTRUCTION COMPANY AND FINDING EQUITY BUILDERS, LLC TO BE THE APPARENT LOW BIDDER FOR THE 2021 CASCADE INDUSTRIAL CENTER UTILITY IMPROVEMENTS PART 1B (P02-474) PROJECT WHEREAS, the City of Arlington solicited bids for a project known as the 2021 Cascade Industrial Utility Improvements Part 1B (P02-474) Project (hereinafter the “Project”) and bids were opened on July 15, 2021; and WHEREAS, a bid protest was filed on July 16, 2021 by Strider Construction Company, Inc. relating to the apparent low bid of Equity Builders LLC; and WHEREAS, the bid documents reserved the right of the City to waive any and all irregularities in the bids; and WHEREAS, the City Council wishes to reject the bid protest by Strider Construction Company, Inc. and waive the irregularities in the bid, if any, submitted by Equity Builders LLC within the terms of the bid documents and the meaning of RCW 35.23.352; NOW, THEREFORE, the City Council of the City of Arlington, Washington do hereby resolve as follows: 1. The City Council finds as follows: a. The City of Arlington has sought qualified contractors to bid on the Project. b. Equity Builders LLC submitted the apparent low bid on the Project and has been determined to be the Qualified Low Bidder. c. RCW 39.30.060 expressly requires that on public works projects in excess of one million dollars, proposed HVAC, plumbing, and electrical subcontractors must be separately listed, and if not so listed, the bids are deemed void. d. Strider Construction Company, Inc. objected to the bid award based on the fact that Equity Builders LLC listed themselves as doing the HVAC work on the project. However, Equity Builders LLC’s bid contained a clear notation that Advanced Power, LLC, would be its electrical subcontractor. Advanced Power, LLC, is a licensed electrical subcontractor, general license (EC01), license #ADVANPL901OB. e. Advanced Power, LLC, as a licensed general electrical contractor, may perform the work and does not require a specialty license to perform the limited HVAC work required by the plans under WAC 296-46B-920. RESOLUTION 2021-XXX 2 f. The bid documents also clearly indicate that “The City of Arlington expressly reserves the right to reject any and all bids, to waive minor irregularities or informalities, and to further make award of the project to the lowest responsible Bidder as it best serves the interest of the City of Arlington.” g. The City Council finds that the low bid of Equity Builders LLC is lower than the other bidders, including the bid of Strider Construction Company, Inc.; that Equity Builders LLC’s bid complies with the requirements of RCW 39.30.060; and that it is in the best interests of the City and the taxpayers to accept the low bid and waive the irregularities in the bid, if any exist. h. The City Council finds that the irregularity, if any, in the bid is not a failure which provided Equity Builders LLC with a substantial advantage over other bidders. 2. Based on the foregoing findings, the City Council hereby declares that the bid submitted by Equity Builders LLC for the 2021 Cascade Industrial Utility Improvements Part 1B (P02-474) Project is hereby accepted, that any irregularities therein are waived, and Equity Builders LLC is declared to be the Qualified Low Bidder for purposes of awarding the bid on that project. 3. The City hereby notifies Strider Construction Company, Inc. of its intention to enter into a contract with Equity Builders LLC, as required by RCW 39.04.105. APPROVED by the Mayor and City Council of the City of Arlington this 2nd day of August, 2021. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney Item No. DESCRIPTION WSDOT Spec Ref Sect. Approx. Qty.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 Unit Price Total Price Phase 1 Bid Schedule 1 Record Drawings SP 1-05 1 LS 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 800.00$ 800.00$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$ 2 Mobilization SP 1-09 1 LS 58,540.00$ 58,540.00$ 49,000.00$ 49,000.00$ 95,000.00$ 95,000.00$ 60,500.00$ 60,500.00$ 150,000.00$ 150,000.00$ 80,700.00$ 80,700.00$ 85,000.00$ 85,000.00$ 3 Gravel Borrow, Incl. Haul SP 2-03 1 LS 66,442.00$ 66,442.00$ 500.00$ 500.00$ 10,000.00$ 10,000.00$ 57,250.00$ 57,250.00$ 8,000.00$ 8,000.00$ 73,200.00$ 73,200.00$ 105,000.00$ 105,000.00$ 4 Shoring or Extra Excavation Class B SP 2-09 1 LS 348,955.00$ 348,955.00$ 390,000.00$ 390,000.00$ 330,000.00$ 330,000.00$ 360,000.00$ 360,000.00$ 510,000.00$ 510,000.00$ 444,200.00$ 444,200.00$ 375,000.00$ 375,000.00$ 5 Dewatering SP 2-13 1 LS 40,000.00$ 40,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 Manhole 96 in. Diam. Type 3 SP 7-05 1 EA 27,000.00$ 27,000.00$ 92,000.00$ 92,000.00$ 160,000.00$ 160,000.00$ 199,600.00$ 199,600.00$ 125,000.00$ 125,000.00$ 134,000.00$ 134,000.00$ 325,000.00$ 325,000.00$ 7 Manhole Addnl. Ht, 96 in. Diam.SP 7-05 18 LF 1,500.00$ 27,000.00$ 2,000.00$ 36,000.00$ 1,000.00$ 18,000.00$ 1.00$ 18.00$ 200.00$ 3,600.00$ 1,143.00$ 20,574.00$ 1,500.00$ 27,000.00$ 8 Erosion Control and Water Pollution Prevention 8-01 1 LS 5,000.00$ 5,000.00$ 4,000.00$ 4,000.00$ 2,000.00$ 2,000.00$ 14,200.00$ 14,200.00$ 15,000.00$ 15,000.00$ 14,800.00$ 14,800.00$ 15,000.00$ 15,000.00$ 9 PVC Sanitary Sewer Pipe 10 in. Diam.7-17 20 LF 400.00$ 8,000.00$ 230.00$ 4,600.00$ 550.00$ 11,000.00$ 354.00$ 7,080.00$ 300.00$ 6,000.00$ 375.00$ 7,500.00$ 1,000.00$ 20,000.00$ 10 Site Piping SP 7-17 1 LS 25,000.00$ 25,000.00$ 44,000.00$ 44,000.00$ 60,000.00$ 60,000.00$ 26,200.00$ 26,200.00$ 35,000.00$ 35,000.00$ 21,000.00$ 21,000.00$ 40,000.00$ 40,000.00$ 11 Valve Vault SP 8-30 1 LS 24,000.00$ 24,000.00$ 40,000.00$ 40,000.00$ 30,000.00$ 30,000.00$ 57,200.00$ 57,200.00$ 40,000.00$ 40,000.00$ 52,000.00$ 52,000.00$ 55,000.00$ 55,000.00$ 12 Air/Vac Vault SP 8-30 1 LS 12,000.00$ 12,000.00$ 27,000.00$ 27,000.00$ 20,000.00$ 20,000.00$ 34,200.00$ 34,200.00$ 30,000.00$ 30,000.00$ 33,300.00$ 33,300.00$ 40,000.00$ 40,000.00$ Subtotal 643,937.00$ Subtotal 689,100.00$ Subtotal 736,800.00$ Subtotal 818,748.00$ Subtotal 927,600.00$ Subtotal 883,274.00$ Subtotal 1,090,000.00$ Sales Tax (9.2%)59,242.20$ Tax 9.2%63,397.20$ Tax 9.2%67,785.60$ Tax 9.2%75,324.82$ Tax 9.2%85,339.20$ Tax 9.2%81,261.21$ Tax 9.2%100,280.00$ Total 703,179.20$ Total 752,497.20$ Total 804,585.60$ Total 894,072.82$ Total 1,012,939.20$ Total 964,535.21$ Total 1,190,280.00$ Phase 2 Bid Schedule 1 Record Drawings 1 LS 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 800.00$ 800.00$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$ 2 Mobilization 1 LS 34,620.00$ 34,620.00$ 30,000.00$ 30,000.00$ 50,000.00$ 50,000.00$ 45,000.00$ 45,000.00$ 25,000.00$ 25,000.00$ 50,600.00$ 50,600.00$ 60,000.00$ 60,000.00$ 3 Site Modifications 1 LS 5,000.00$ 5,000.00$ 3,000.00$ 3,000.00$ 55,000.00$ 55,000.00$ 17,300.00$ 17,300.00$ 25,000.00$ 25,000.00$ 43,000.00$ 43,000.00$ 30,000.00$ 30,000.00$ 4 Submersible Sewage Pumps and Accessories 1 LS 90,000.00$ 90,000.00$ 88,000.00$ 88,000.00$ 93,000.00$ 93,000.00$ 102,000.00$ 102,000.00$ 95,000.00$ 95,000.00$ 102,700.00$ 102,700.00$ 160,000.00$ 160,000.00$ 5 Piping and Valves 1 LS 30,000.00$ 30,000.00$ 57,000.00$ 57,000.00$ 47,000.00$ 47,000.00$ 68,200.00$ 68,200.00$ 45,000.00$ 45,000.00$ 84,000.00$ 84,000.00$ 110,000.00$ 110,000.00$ 6 Miscellaneous Mechanical 1 LS 15,000.00$ 15,000.00$ 4,000.00$ 4,000.00$ 50,000.00$ 50,000.00$ 4,500.00$ 4,500.00$ 29,000.00$ 29,000.00$ 38,700.00$ 38,700.00$ 35,000.00$ 35,000.00$ 7 ATS 1 LS 4,200.00$ 4,200.00$ 4,000.00$ 4,000.00$ 6,700.00$ 6,700.00$ 5,800.00$ 5,800.00$ 65,000.00$ 65,000.00$ 13,800.00$ 13,800.00$ 7,000.00$ 7,000.00$ 8 Generator 1 LS 42,000.00$ 42,000.00$ 73,000.00$ 73,000.00$ 82,000.00$ 82,000.00$ 56,700.00$ 56,700.00$ 78,000.00$ 78,000.00$ 93,000.00$ 93,000.00$ 65,000.00$ 65,000.00$ 9 MCC 1 LS 65,000.00$ 65,000.00$ 52,000.00$ 52,000.00$ 70,000.00$ 70,000.00$ 64,000.00$ 64,000.00$ 85,000.00$ 85,000.00$ 82,000.00$ 82,000.00$ 70,000.00$ 70,000.00$ 10 Lighting 1 LS 7,500.00$ 7,500.00$ 14,000.00$ 14,000.00$ 17,000.00$ 17,000.00$ 14,900.00$ 14,900.00$ 25,000.00$ 25,000.00$ 17,000.00$ 17,000.00$ 18,000.00$ 18,000.00$ 11 Instruments 1 LS $7,500.00 7,500.00$ 4,000.00$ 4,000.00$ 13,000.00$ 13,000.00$ 7,000.00$ 7,000.00$ 15,000.00$ 15,000.00$ 9,800.00$ 9,800.00$ 10,000.00$ 10,000.00$ 12 SCADA/RTU/Pump Disconnect 1 LS $62,000.00 62,000.00$ 44,000.00$ 44,000.00$ 50,000.00$ 50,000.00$ 52,300.00$ 52,300.00$ 55,000.00$ 55,000.00$ 49,000.00$ 49,000.00$ 50,000.00$ 50,000.00$ 13 Site/Bldg. Electrical 1 LS 16,000.00$ 16,000.00$ 153,000.00$ 153,000.00$ 80,000.00$ 80,000.00$ 120,600.00$ 120,600.00$ 79,000.00$ 79,000.00$ 111,700.00$ 111,700.00$ 107,000.00$ 107,000.00$ Subtotal 380,820.00$ Subtotal 528,000.00$ Subtotal 614,500.00$ Subtotal 560,800.00$ Subtotal 626,000.00$ Subtotal 697,300.00$ Subtotal 725,000.00$ Sales Tax (9.2%) 35,035.44$ Tax 9.2% 48,576.00$ Tax 9.2% 56,534.00$ Tax 9.2%51,593.60$ Tax 9.2%57,592.00$ Tax 9.2%64,151.60$ Tax 9.2%66,700.00$ Total 415,855.44$ Total 576,576.00$ Total 671,034.00$ Total 612,393.60$ Total 683,592.00$ Total 761,451.60$ Total 791,700.00$ 1,119,034.64$ 1,329,073.20$ 1,475,619.60$ 1,506,466.42$ 1,696,531.20$ 1,725,986.81$ 1,981,980.00$ 14 Force Account 1 LS 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ Final Total 1,139,034.64$ 1,349,073.20$ 1,495,619.60$ 1,526,466.42$ 1,716,531.20$ 1,745,986.81$ 2,001,980.00$ Total Bid Phase 1 & 2 Award Construction South CIC Utility Improvements Lift Station 16 Project Engineer's Estimate Apparent Low Bidder Equity Builders July 15, 2021 Gary Harper ConstructionStrider Construction Road Construction NW TayEx City of Arlington Council Agenda Bill Item: NB #4 Attachment G COUNCIL MEETING DATE: August 2, 2021 SUBJECT: Amendment #3 to the Murraysmith contract for the 2021 UPP and Smokey Point Blvd Overlay Project ATTACHMENTS: Scope of work and fee for additional work DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $ 18,125.00 BUDGET CATEGORY: Utilities Capital Funds / TBD Fund BUDGETED AMOUNT: Extra design was not originally budgeted for 2021. Possible amendment needed. LEGAL REVIEW: DESCRIPTION: Amendment #3 to the Murraysmith 2021 UPP and Smokey Point Blvd Overlay Project for additional design and preparation of construction documents. HISTORY: The City’s Pavement Preservation Program has planned roads to be resurfaced for years 2018-2021; a utility replacement program is running concurrently so aged and failing utility infrastructure can be replaced before the roads are resurfaced. Design and construction work has been completed for years 2018, 2019, and 2020. The City had requested additional design work for year 2021 which included additional paving, additional ADA ramp replacement, and additional water main replacement work. In addition, there were multiple requests made by WSDOT for the Smokey Point Boulevard Overlay project. Funding for this work will be divided among Utility CIP Funds and TBD funds. I move to approve Amendment #3 to the Murraysmith 2021 UPP and Smokey Point Blvd Project, and authorize the Mayor to sign the amendment, pending final approval by the City Attorney. 19-2719 MURRAYSMITH Amendment No. 3 June 2021 City of Arlington - 1 EXHIBIT A-3 Amendment No. 3 To the Scope of Services Utility Improvement and Pavement Preservation Project – 2020-2021 and Smokey Point Blvd City of Arlington Project Background and Approach Murraysmith, Inc. (Murraysmith) is under contract with the City of Arlington (City) to provide engineering services for the Utility Improvement and Pavement Preservation (UPP) Project – 2020- 2021 and Smokey Point Boulevard (SPB) Pavement Preservation (dated December 3, 2019). The UPP part of the project focuses on replacing non-ductile iron water main, minor improvements to existing sanitary sewer and stormwater structures, pavement preservation, and curb ramp replacement within project sites identified by the City and shown on the 30% design plans. Preliminary design for years 2020 and 2021 was completed by Murraysmith in July 2018 under a separate contract. Preliminary design for SPB is included in this contract. Construction for Year 2021 UPP and SPB projects will occur in 2021. Additional Services Summary Additional engineering services are described in the following sections. Exhibit A-3 provides the fee estimate for the additional work, totaling $23,093. However, the total requested for this Amendment No. 3 is $18,125 because budget remaining from other tasks have already been applied towards the out of scope total. This amendment No. 3 request includes budget to complete Task 501, Bidding Services for the Smokey Point Blvd project. 2021 Utility Improvements and Pavement Preservation Project Murraysmith developed this scope of services and fee estimate based on requested additional engineering services per discussions with City staff. Additional services are required to:  Update drawings, specifications, and opinion of probable construction cost (OPCC) to incorporate two additional areas of work to replace non-ductile iron water main, water meters, and improvements to impacted sidewalks and curbs on E. 4th Street and E. 3rd Street. This work will be added to Sheet U7. 19-2719 MURRAYSMITH Amendment No. 3 June 2021 City of Arlington - 2  Update drawings, specifications and OPCC to incorporate approximately 2,910 linear feet (LF) of additional pavement restoration along N. French Avenue, starting south of E. 4th Street and N. French Avenue to the existing pavement seam at E. Highland Drive and N. French Avenue NW Intersection. This work also includes evaluation and replacement of four (4) additional curb ramps at the intersection of N. French Avenue and E. 1st Street and evaluation and design for regrading 4th Avenue between N Macleod Avenue and N Dunham Avenue to remove the hump in the roadway. Three (3) new paving plan sheets and two (2) new channelization sheets will be needed for this work.  Update drawings, specifications and OPCC to incorporate outstanding paving along Park Hill Drive from the 2020 UPP Project. This work will update and include two (2) existing plan sheets from the 2020 UPP set.  Update drawings, specifications and OPCC to incorporate channelization from the 2020 UPP project, excluding UPP 2020 Add Alternatives One and Two. Two (2) additional channelization plan sheets and one (1) channelization overview sheet to show locations and alignments will be needed for this work. Roadway alignment numbering in the UPP 2021 and 2020 sets will need to be revised to incorporate the UPP 2020 work.  Update drawings, specifications and OPCC to incorporate Add Alternate One which includes approximately 290 LF of pavement restoration on N. Washington Avenue between E. 1st Street and E. 3rd Street and portions of E. 2nd Avenue extending from N. Washington Avenue to N. Gifford Avenue. Work also includes evaluation and replacement of three (3) curb ramps at the intersection of N. Washington Avenue and E. 2nd Avenue. Two (2) additional paving sheets will be needed for this work. Smokey Point Boulevard Murraysmith developed this scope of services and fee estimate based on requested additional engineering services per discussions with City staff. Additional services are required to:  Add approximately 600 LF of precast dual faced mountable traffic curb along the centerline of SPB.  Revise channelization from matching existing with Raised Pavement Markers (RPMs) per Snohomish County standards as originally scoped to polymethyl methacrylate (PMMA) and RPMs per Snohomish County, Washington Department of Transportation (WSDOT), and City of Marysville standards. Additional engineering services include the following tasks. 19-2719 MURRAYSMITH Amendment No. 3 June 2021 City of Arlington - 3 Task 301 – Final Design for 2020 and 2021 UPP (90% Design Completion Level) 301.1 Final Design (90%) – Utility Improvement  Plans, Specifications, and OPCC o Additional replacement of non-ductile iron water main, water meters, and improvements to impacted sidewalks and curbs on E. 4th Street and E. 3rd Street. 301.2 Final Design (90%) – Pavement Preservation  Plans, Specifications, and OPCC o Additional pavement restoration along N. French Avenue and evaluation and replacement of four additional curb ramps. o Include Park Hill Pavement restoration from the UPP 2020 project in the UPP 2021 construction documents. Murraysmith Deliverables  Additional design elements to be incorporated into the project deliverables of the original contract for this task. Assumptions  See Additional Services Summary above. Task 302 – Final Design for 2020 & 2021 UPP (Signed Bid Package) 302.2 Final Design (Signed Bid Package) – Utility Improvement  Plans, Specifications, and OPCC o Additional replacement of non-ductile iron water main, water meters, minor improvements to impacted sidewalks and curbs on E. 4th Street and E. 3rd Street. 302.2 Final Design (Signed Bid Package) – Pavement Preservation  Final Bid Ready Plans, Specifications, and OPCC o Additional pavement restoration along N. French Avenue and evaluation and replacement of four additional curb ramps. o Include Park Hill Pavement restoration from the UPP 2020 project. 19-2719 MURRAYSMITH Amendment No. 3 June 2021 City of Arlington - 4 o Add Alternate includes replacement of curb ramps and pavement restoration on N. Washington Avenue and portions of E. 2nd Avenue. Murraysmith Deliverables  Additional design elements to be incorporated into the project deliverables of the original contract for this task. Assumptions  See Additional Services Summary above.  The final bid package for 2021 will include an additional bid schedule for the Add Alternate #1 work. Task 402 – Final Design for SPB (90% Design Completion Level) 402.1 Final Design (90%) – Pavement Preservation  Plans, Specifications, and OPCC o Include approx. 610 LF of precast dual faced mountable traffic curb along the centerline of Smokey Point Blvd. o Revise channelization from ‘match existing’ with RPMs per Snohomish County standards as originally scoped to PMMA per Snohomish County, WSDOT, and City of Marysville standards. Murraysmith Deliverables  Additional bid items needed as part of this amendment work will be incorporated into the final bid package for 2021.  Additional design elements to be incorporated into the project deliverables of the original contract for this task. Assumptions  See Additional Services Summary above. Task 403 – Final Design for SPB (Signed Bid Package) 403.1 Final Design (Signed Bid Package) – Pavement Preservation  Plans, Specifications, and OPCC 19-2719 MURRAYSMITH Amendment No. 3 June 2021 City of Arlington - 5 o Include approx. 610 LF of precast dual faced mountable traffic curb along the centerline of SPB. o Revise channelization from ‘match existing’ with RPMs per Snohomish County standards as originally scoped to PMMA per Snohomish County, WSDOT, and City of Marysville standards. Murraysmith Deliverables  Additional design elements to be incorporated into the project deliverables of the original contract for this task. Assumptions  See Additional Services Summary above. EXHIBIT A-3 Utility Improvement & Pavement Preservation Project - 2020-2021 and Smokey Point Blvd CITY OF ARLINGTON PROPOSED FEE ESTIMATE - AMENDMENT NO. 3 ESTIMATED FEES Principal Engineer VI Professional Engineer VII Professional Engineer III Engineering Designer II Technician IV Administrative I Hours Labor Expenses Total TCL JES DJB NCB HCM JFW Task 301 - Final Design for 2020 & 2021 (90% Design Completion Level) Task 301.1 - Final Design (90%) - Utility Improvements Task 301.1.2 - 2021 Task 301.1.2.2 - Plans, Specifications and Estimate 1 2 6 4 13 501$ 72$ 573$ Task 301.2 - Final Design (90%) - Pavement Preservation Task 301.2.2 - 2021 Task 301.2.2.2 - Plans, Specifications and Estimate 3 15 30 13 1 62 2,297$ 234$ 2,531$ Task 301 Subtotal 0 4 17 36 17 1 75 2,798$ 306$ 3,104$ Task 302 - Final Design for 2020 & 2021 UPP (Signed Bid Package) Task 302.1 - Final Design (Signed Bid Package) - Utility Improvement Task 302.1.2 - 2021 Task 302.1.2.2 - Plans, Specifications and Estimate 1 2 4 4 11 435$ -$ 435$ Task 302.2 - Final Design (Signed Bid Package) - Pavement Preservation Task 302.2.2 - 2021 Task 302.2.2.2 - Plans, Specifications and Estimate 3 8 16 10 1 38 1,452$ 180$ 1,632$ Task 302 Subtotal 0 4 10 20 14 1 49 1,887$ 180$ 2,067$ Task 402 - Final Design for Smokey Point Blvd (90% Design Completion Level) Task 402.1 - Final Design (90%) - Pavement Preservation Task 402.1.2 - Plans, Specifications and Estimate (90%)4 6 16 6 1 33 1,267$ 108$ 1,375$ Task 402 Subtotal 0 4 6 16 6 1 33 1,267$ 108$ 1,375$ Task 403 - Final Design for Smokey Point Blvd (Signed Bid Package) Task 403.1 - Final Design (Signed Bid Package) - Pavement Preservation Task 403.1.2 - Plans, Specifications and Estimate 2 3 8 4 17 663$ 72$ 735$ Task 403 Subtotal 0 2 3 8 4 0 17 663$ 72$ 735$ TOTAL - ALL TASKS 0 14 36 80 41 3 174 6,614$ 666$ 7,280$ $0 $837 $1,339 $2,610 $1,749 $80 $ 6,614 $0 $2,535 $4,054 $7,900 $5,294 $241 $ 20,024 $0 $2,839 $4,540 $8,848 $5,929 $270 $ 22,427 $ 666 $ 23,093 $ 23,093 Total Out of Scope Work Total $ 23,093 Current Budget Overage Total $ 15,091 Work Remaining - Task 502 SPB Bidding Assistance $ 3,034 Amendment Total Requested $ 18,125 Total Fee Total Labor Cost (Overhead on DSC), 202.74% Subtotal Direct Salary Cost (DSC) Total Fee (Total Labor Cost), 12% Profit plus Expenses City of Arlington June 2021 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Arlington, WA\2020-2021 Utility Imp & Pavt Pres\Scope-Fee-Contract\Amendment No. 3\Update 2021.06.17\Exh A-3 - Amendment No. 3_Final_Updated Murraysmith Utility Improvement & Pavement Preservation Project – 2020-2021 and Smokey Point Blvd. Page 1 City of Arlington Council Agenda Bill Item: NB #5 Attachment HCOUNCIL MEETING DATE: August 2, 2021 SUBJECT: Low Bid Award for the 59th Ave Complete Streets Project ATTACHMENTS: Certified Bid results for 59th Ave Complete Streets Project DEPARTMENT OF ORIGIN Community and Economic Development; Nova Heaton EXPENDITURES REQUESTED: $1,035,287.09 (Certified Low Bid) BUDGET CATEGORY: TIB Complete Streets grant and DOC Grant BUDGETED AMOUNT: $1,119,400.00 LEGAL REVIEW: DESCRIPTION: 59th Ave Complete Streets Project award to certified low bidder. HISTORY: In 2018, the City of Arlington approved a Complete Streets Ordinance and the Complete Streets Plan for the City. In December 2018, the Snohomish County Health District nominated the City for Complete Streets funding. The Transportation Improvement Board responded with an award of funding for $600,000. The Boys and Girls Club requested Department of Commerce funding for parking lot improvements and were awarded $519,400.00 to improve parking areas on City owned I move to award the 59th Ave Complete Streets Project to Reece Construction in the amount of $1,035,287.09, and authorize the Mayor to sign the construction contract. Item No. DESCRIPTION WSDOT Standard Item No. WSDOT Spec Ref Sect Approx. Quantity UNIT Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price PREPARATION 1 UNEXPECTED SITE CHANGES -- 1 L.S. $ 5,000.00 TRUE $ 5,000.00 5,000.00$ $ 5,000.00 5,000.00$ $ 5,000.00 5,000.00$ (Unit Price in Words) ___________________________________________________ 2 MOBILIZATION 0001 1-09.7 1 L.S. $ 108,000.00 108,000.00$ $ 157,000.00 157,000.00$ $ 26,000.00 26,000.00$ $ 123,000.00 123,000.00$ (Unit Price in Words) ___________________________________________________ 3 CLEARING AND GRUBBING 0025 2-01.5 1.0 L.S. $ 30,000.00 30,000.00$ $ 63,850.00 63,850.00$ $ 14,000.00 14,000.00$ $ 74,080.00 74,080.00$ (Unit Price in Words) ___________________________________________________ 4 REMOVAL OF STRUCTURE AND OBSTRUCTION 0050 2-02.5/GSP 1 L.S. $ 5,000.00 5,000.00$ $ 16,400.00 16,400.00$ $ 3,600.00 3,600.00$ $ 9,540.00 9,540.00$ (Unit Price in Words) ___________________________________________________ 5 SAWCUT EXISTING PAVEMENT --2-02.5/GSP 2200 L.F. $ 25.00 55,000.00$ $ 3.55 7,810.00$ $ 4.00 8,800.00$ $ 4.90 10,780.00$ (Unit Price in Words) ___________________________________________________ EROSION CONTROL AND ROADSIDE RESTORATION 6 STABILIZED CONSTRUCTION ENTRANCE 6468 8-01.5 350 S.Y. $ 20.00 7,000.00$ $ 30.00 10,500.00$ $ 15.00 5,250.00$ $ 12.85 4,497.50$ (Unit Price in Words) ___________________________________________________ 7 SILT FENCE 6373 8-01.5 1,110 L.F. $ 5.00 5,550.00$ $ 5.50 6,105.00$ $ 6.00 6,660.00$ $ 4.20 4,662.00$ (Unit Price in Words) ___________________________________________________ 8 WATTLE 6479 8-01.5 180 L.F. $ 5.00 900.00$ $ 7.00 1,260.00$ $ 4.00 720.00$ $ 13.85 2,493.00$ (Unit Price in Words) ___________________________________________________ 9 TOPSOIL TYPE A 6391 9-14.2(1)150 C.Y. $ 100.00 15,000.00$ $ 60.50 9,075.00$ $ 100.00 15,000.00$ $ 43.55 6,532.50$ (Unit Price in Words) ___________________________________________________ 10 EROSION/WATER POLLUTION CONTROL 6490 SP 1 L.S. $ 5,000.00 5,000.00$ $ 11,000.00 11,000.00$ $ 1,000.00 1,000.00$ $ 33,850.00 33,850.00$ (Unit Price in Words) ____________________________________________8-01.5 11 SEEDING AND FERTILIZING 6412 8-01.5 0.2 ACRE $ 10,000.00 2,000.00$ $ 11,000.00 2,200.00$ $ 10,000.00 2,000.00$ $ 10,850.00 2,170.00$ (Unit Price in Words) ___________________________________________________ GRADING 12 ROADWAY EXCAVATION INCL. HAUL 0310 2-03.5 2,500 C.Y. $ 35.00 87,500.00$ $ 38.00 95,000.00$ $ 26.00 65,000.00$ $ 23.50 58,750.00$ (Unit Price in Words) ___________________________________________________ 13 UNSUITABLE FOUNDATION EXCAVATION INCL. HAUL 0350 2-03.5 60 C.Y. $ 40.00 2,400.00$ $ 36.00 2,160.00$ $ 53.00 3,180.00$ $ 12.20 732.00$ (Unit Price in Words) ___________________________________________________ STORM SEWER 14 CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAIN 7550 2-12 1400 S.Y. $ 8.00 11,200.00$ $ 5.00 7,000.00$ $ 2.50 3,500.00$ $ 6.75 9,450.00$ (Unit Price in Words) ___________________________________________________ 15 ADJUST TO FINISHED GRADE 7-05 3 EACH $ 1,800.00 5,400.00$ $ 950.00 2,850.00$ $ 400.00 1,200.00$ $ 1,700.00 5,100.00$ (Unit Price in Words) ___________________________________________________ 16 PERMEABLE BALLAST 5040 7-05 1330 TON $ 50.00 66,500.00$ $ 36.70 48,811.00$ $ 32.00 42,560.00$ $ 46.00 61,180.00$ (Unit Price in Words) ___________________________________________________ 17 CATCH BASIN TYPE 1 3091 7-05 5 EACH $ 1,800.00 9,000.00$ $ 1,700.00 8,500.00$ $ 1,000.00 5,000.00$ $ 1,575.00 7,875.00$ (Unit Price in Words) ___________________________________________________ 18 SLOTTED UNDERDRAIN PIPE, 6 IN. DIA ----7-01 2124 L.F. $ 15.00 31,860.00$ $ 15.00 31,860.00$ $ 13.00 27,612.00$ $ 8.35 17,735.40$ 59TH AVE NE AND 188TH ST NE SIDEWALK IMPROVEMENTS ENGINEERS ESTIMATE SRV CONSRUCTION, INC. APPARENT LOW BIDDER MATIA CONTRACTORS, INC.REECE CONSTRUCTION, CO. Item No.DESCRIPTION WSDOT Standard Item No. WSDOT Spec Ref Sect Approx. Quantity UNIT Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 59TH AVE NE AND 188TH ST NE SIDEWALK IMPROVEMENTS ENGINEERS ESTIMATE SRV CONSRUCTION, INC. APPARENT LOW BIDDER MATIA CONTRACTORS, INC.REECE CONSTRUCTION, CO. (Unit Price in Words) ___________________________________________________ 19 CORRUGATED POLYETHYLENE STORM SEWER PIPE 12 IN. 3602 7-04 342 L.F. $45.00 15,390.00$ $50.50 17,271.00$ $42.00 14,364.00$ $86.30 29,514.60$ (Unit Price in Words) ___________________________________________________ 20 SAND FILTER --7-05 573 TON $40.00 22,920.00$ $39.00 22,347.00$ $39.00 22,347.00$ $33.70 19,310.10$ (Unit Price in Words) ___________________________________________________ SURFACING - ROAD 21 CRUSHED SURFACING BASE COURSE 5100 4-04 3,225 TON $40.00 129,000.00$ $34.80 112,230.00$ $24.00 77,400.00$ $32.45 104,651.25$ (Unit Price in Words) ___________________________________________________ 22 CRUSHED SURFACING TOP COURSE 5120 4-04 165 TON $90.00 14,850.00$ $33.00 5,445.00$ $100.00 16,500.00$ $39.35 6,492.75$ (Unit Price in Words) ___________________________________________________ HOT MIX ASPHALT - ROAD 23 HMA CL. 1/2 IN. PG 64-22 5767 5-04 1775 TON $100.00 177,500.00$ $102.70 182,292.50$ $100.00 177,500.00$ $125.50 222,762.50$ (Unit Price in Words) ___________________________________________________ TRAFFIC 24 CEMENT CONC. DRIVEWAY ENTRANCE TYPE 7059 8-04 135 S.Y. $60.00 8,100.00$ $58.00 7,830.00$ $81.50 11,002.50$ $110.00 14,850.00$ (Unit Price in Words) ___________________________________________________ 25 CEMENT CONC. TRAFFIC CURB AND GUTTER 6700 8-04 2000 L.F. $20.00 40,000.00$ $18.15 36,300.00$ $30.00 60,000.00$ $35.00 70,000.00$ (Unit Price in Words) ___________________________________________________ 26 EXTRUDED CURB 6727 8-04 2500 L.F. $25.00 62,500.00$ $8.00 20,000.00$ $8.50 21,250.00$ $7.75 19,375.00$ (Unit Price in Words) ___________________________________________________ 27 PAINT LINE 6806 8-22.5 5911 L.F. $1.00 5,911.00$ $0.65 3,842.15$ $0.70 4,137.70$ $0.65 3,842.15$ (Unit Price in Words) ___________________________________________________ 28 PLASTIC CROSSWALK LINE 6857 8-22.5 640 S.F. $10.00 6,400.00$ $6.00 3,840.00$ $6.00 3,840.00$ $5.50 3,520.00$ (Unit Price in Words) ___________________________________________________ 29 PLASTIC STOP LINE 6859 8-22.5 40 L.F. $10.00 400.00$ $9.00 360.00$ $9.00 360.00$ $9.00 360.00$ (Unit Price in Words) ___________________________________________________ 30 PLASTIC ACCESS PARKING SPACE SYMBOL 6863 8-22.5 9 EACH $ 1,000.00 9,000.00$ $737.00 6,633.00$ $780.00 7,020.00$ $715.00 6,435.00$ (Unit Price in Words) ___________________________________________________ 31 32 PEDESTRIAN LIGHT SYSTEM --8-20 4 EACH $ 5,000.00 20,000.00$ $13,200.00 52,800.00$ $13,100.00 52,400.00$ $12,785.00 51,140.00$ (Unit Price in Words) ___________________________________________________ 33 RELOCATE EXISTING, INCLUDING FOUNDATION --4 EACH $ 3,000.00 12,000.00$ $850.00 3,400.00$ $2,300.00 9,200.00$ $535.00 2,140.00$ (Unit Price in Words) ___________________________________________________ 34 BIKE RACK, INCLUDING FOUNDATION --2 EACH $ 5,000.00 10,000.00$ $1,770.00 3,540.00$ $3,700.00 7,400.00$ $4,285.00 8,570.00$ (Unit Price in Words) ___________________________________________________ 35 CONCRETE PAD FOR ART INSTALLATION --1 L.S. $ 5,000.00 5,000.00$ $4,750.00 4,750.00$ $2,300.00 2,300.00$ $4,400.00 4,400.00$ (Unit Price in Words) ___________________________________________________ 36 PERMANENT SIGNING 6890 8-21.5 1 L.S. $ 2,000.00 2,000.00$ $3,600.00 3,600.00$ $9,200.00 9,200.00$ $2,950.00 2,950.00$ (Unit Price in Words) ___________________________________________________ Item No.DESCRIPTION WSDOT Standard Item No. WSDOT Spec Ref Sect Approx. Quantity UNIT Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 59TH AVE NE AND 188TH ST NE SIDEWALK IMPROVEMENTS ENGINEERS ESTIMATE SRV CONSRUCTION, INC. APPARENT LOW BIDDER MATIA CONTRACTORS, INC.REECE CONSTRUCTION, CO. 37 STREET TREE, INCLUDEING PLANTING AND STAKING --8-20.5 71 EACH $500.00 35,500.00$ $550.00 39,050.00$ $413.00 29,323.00$ $300.00 21,300.00$ (Unit Price in Words) ___________________________________________________ 38 ROOT BARRIER 18"6912 8-02 774 L.F. $10.00 7,740.00$ $18.00 13,932.00$ $14.00 10,836.00$ $7.15 5,534.10$ (Unit Price in Words) ___________________________________________________ 39 PROJECT TEMPORARY TRAFFIC CONTROL 6971 1-10.5 1 L.S. $ 50,000.00 50,000.00$ $ 118,000.00 118,000.00$ $29,000.00 29,000.00$ $23,000.00 23,000.00$ (Unit Price in Words) ___________________________________________________ OTHER 40 ROADWAY SURVEYING 7038 1-05.4 1 L.S. $20,000 20,000.00$ $8,500 8,500.00$ $2,700 2,700.00$ $8,485 8,485.00$ (Unit Price in Words) ___________________________________________________ 41 CEMENT CONC. SIDEWALK 7055 8-14.5 1200 S.Y. $40.00 48,000.00$ $47.60 57,120.00$ $64.00 76,800.00$ $75.00 90,000.00$ (Unit Price in Words) ___________________________________________________ 42 CEMENT CONC. CURB RAMP 7058 8-14.5 144 SY $120.00 17,280.00$ $99.00 14,256.00$ $122.00 17,568.00$ $157.70 22,708.80$ (Unit Price in Words) ___________________________________________________ 43 TRIMMING AND CLEANUP 7490 2-11.5 1 L.S. $ 5,000.00 5,000.00$ $5,000.00 5,000.00$ $4,100.00 4,100.00$ $8,650.00 8,650.00$ (Unit Price in Words) ___________________________________________________ 44 CHAIN LINK FENCE TYPE 3 7083 8-12 563 L.F. $35.00 19,705.00$ $43.00 24,209.00$ $45.50 25,616.50$ $43.65 24,574.95$ (Unit Price in Words) ___________________________________________________ 45 UNFORSEEN CONDITIONS FORCE ACCOUNT 7715 1-09.6 1 EST. $ 5,000.00 5,000.00$ $5,000.00 5,000.00$ $5,000.00 5,000.00$ $5,000.00 5,000.00$ (Unit Price in Words) ___________________________________________________ 46 REIMBURSEMENT FOR THIRD PARTY DAMAGE 7725 1-07.13(4)1 EST. $ 10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ $10,000.00 10,000.00$ (Unit Price in Words) ___________________________________________________ 47 SPCC PLAN 7736 1-07.15(1)1 L.S. $500.00 500.00$ $450.00 450.00$ $417.00 417.00$ $600.00 600.00$ (Unit Price in Words) ___________________________________________________ 48 RECORD DRAWINGS (min Bid $2,000)--SP 1 L.S. $ 2,000.00 2,000.00$ $2,000.00 2,000.00$ $2,700.00 2,700.00$ $2,000.00 2,000.00$ (Unit Price in Words) ____________________________________________1-05 49 TYPE A PROGRESS SCHEDULE 7003 SP 1 L.S. $ 1,500.00 1,500.00$ $500.00 500.00$ $834.00 834.00$ $1,500.00 1,500.00$ (Unit Price in Words) ____________________________________________1-08.3 Subtototal 1,210,506.00$ Subtototal 1,270,878.65$ Subtototal 947,197.70$ Subtototal 1,231,093.60$ Sales Tax 9.2%111,366.55$ Sales Tax 9.2%116,920.84$ Sales Tax 9.2%87,142.19$ Sales Tax 9.2%113,260.61$ TOTAL 1,321,872.55$ TOTAL 1,387,799.49$ TOTAL 1,034,339.89$ TOTAL 1,344,354.21$ 7/27/21 City of Arlington Council Agenda Bill Item: NB #6 Attachment I COUNCIL MEETING DATE: August 2, 2021 SUBJECT: Discussion regarding open Council position ATTACHMENTS: None. DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Discussion regarding open Council position. HISTORY: Council member Jesica Stickles has resigned from City Council. Her resignation is effective September 1, 2021. ALTERNATIVES: RECOMMENDED MOTION: