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Home My WebLink About_08-04-25 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 Don Vanney PLEDGE OF ALLEGIANCE ROLL CALL Mayor Don Vanney – Julie APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor’s Volunteer Award to Kiwanis Club of Arlington Mayor Don Vanney PROCLAMATION Farmers Market Week ATTACHMENT A Yvonne Gallardo-Van Ornam 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 Michele Blythe 1. Minutes of the July 21 and July 28, 2025 Council meetings ATTACHMENT B 2. Accounts Payable ATTACHMENT C PUBLIC HEARING 1. Amendment to Development Agreement with Baker Mor, LLC ATTACHMENT D Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Michele Blythe NEW BUSINESS 1. Apparent Low Bid Award for Jensen Park Improvement Project ATTACHMENT E Staff Presentation: Jim Kelly Council Liaison: Heather Logan Arlington City Council Meeting Monday, August 4, 2025 at 6:00 pm City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 2. Apparent Low Bid Award for Pickleball Court ATTACHMENT F Staff Presentation: Jim Kelly Council Liaison: Rob Toyer 3. Biosolids Hauling Contract ATTACHMENT G Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 4. Contract Amendment No. 1 with Rock CM ATTACHMENT H Staff Presentation: Jim Kelly Council Liaison: Leisha Nobach 5. Department of Ecology Grant Award for Solid Waste and Recycling ATTACHMENT I Staff Presentation: Jim Kelly Council Liaison: Jan Schuette 6. Community and Economic Development Quarterly Report ATTACHMENT J Staff Presentation: Amy Rusko 7. 2026 Lodging Tax Distribution ATTACHMENT K Staff Presentation: Paul Ellis COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION Discussion of pending litigation [RCW 42.30.110(1)(i)] Mayor Don Vanney / City Attorney Oskar Rey RECONVENE ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney PROCLAMATION WHEREAS, farmers markets are essential to the vitality of Washington’s communities, supporting local farmers and producers while connecting residents to fresh, locally grown food; and WHEREAS, the Arlington Farmers Market, a proud program of the Stilly Valley Chamber Foundation, serves as a vibrant gathering place in the heart of downtown Arlington, offering a direct connection between local farms, small food businesses, artisans, and the community; and WHEREAS, the Arlington Farmers Market champions food access for all through vital programs including EBT (Electronic Benefits Transfer), SNAP Market Match, WIC Cash Benefits, the Farmers Market Nutrition Program for Seniors and WIC, and the SunBucks program, ensuring that fresh and nutritious food is available to households of all income levels; and WHEREAS, the Market also hosts the Kids POP (Power of Produce) Club, sponsored by Grocery Outlet, offering weekly learning experiences focused on nutrition, science, and the environment, and providing children ages 2 to 12 with tokens to try new fruits and vegetables; and WHEREAS, the Arlington Farmers Market supports over 17 farms,( meat, fish, veggie, berry and flower), and 150 local vendors, contributing to the local economy, strengthening small businesses, and fostering a sense of community pride and belonging; and WHEREAS, National Farmers Market Week, celebrated across the country, honors the important role markets play in supporting healthy communities, resilient food systems, and strong local economies; NOW, THEREFORE, I, Don Vanney, Mayor of the City of Arlington, Washington, do hereby proclaim the week of August 3 through August 10, 2025, as FARMERS MARKET WEEK in Arlington, Washington, and encourage all residents and visitors to support our local farmers, artisans, and food producers by shopping at the Arlington Farmers Market and celebrating the essential role markets play in our lives. ___________________________________ _August 4, 2025_ Don E. Vanney, Mayor Date DRAFT Page 1 of 4 Council Chambers 110 East 3rd Street Monday, July 21, 2025 Councilmembers Present: Michele Blythe, Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette, and Heather Logan. Council Members Absent: Debora Nelson and Rob Toyer, excused. Staff Present: Mayor Don Vanney, Paul Ellis, Sheri Amundson, City Attorney Oskar Rey, Marty Wray, Amy Rusko, Rory Bolter, Mike Gilbert, Chelsea Brewer, and Julie Petersen. Also Known to be Present: Kathy Vanney, Randy Nobach, Nathan Senff, Rich Senff, Tim Abrahamson, Drew Bono, Steve Maisch, Holly Sloan-Buchanan and others. Mayor Don Vanney called the meeting to order at 6:03 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Leisha Nobach seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT Rich Senff, Arlington, provided comments regarding the 211th road improvement. CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Heather Logan seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of July 7 and 14, 2025 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #113687 through #113805 dated June 16 through July 7 for $1,444,528.46. Approval of Payroll EFT Payments and Check #30454 through #30457 dated June 1, 2025, through June 30, 2025, in the amount of $1,568,294.74. PUBLIC HEARING None. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting July 21, 2025 Page 2 of 4 NEW BUSINESS Change Order No. 1 for City Hall Windows City Administrator Paul Ellis requested Council approve the change order for the City Hall 2nd Floor Window Trim/Frame Repair/Replacement Project. Upon inspection, the existing paint on all exterior windows of City Hall are severely deteriorated and in dire need of proper stripping and painting. The extension of the contract will be moved to August 8, to avoid any construction in progress during upcoming city events. Discussion followed with Mr. Ellis answering Council questions. Councilmember Jan Schuette moved, and Councilmember Michele Blythe seconded the motion to approve the change order for complete trim and framed painting of all exterior City Hall windows. The motion passed unanimously. Opioid Settlements City Administrator Paul Ellis requested the Council approve the two proposed nationwide settlement agreements that have been reached that would resolve the legal claims of states and local political subdivisions against defendants Janssen, Cardinal, McKesson, Amerisource Bergen, Teva, Allergan, CVS, Walgreens, Walmart, Kroger Co., Purdue/Sackler and the Generic Manufacturers related to alleged misconduct related to opioids. Councilmember Heather Logan moved, and Councilmember Leisha Nobach seconded the motion to approve the City’s participation in the Settlement litigation CL-1738782 and CL-1769246 regarding opioid settlements and authorized the Mayor or City Administrator to sign the participation forms and related documentation. The motion passed unanimously. Waiver Request for SkyFest Land Use Fees Airport Director Marty Wray reviewed a waiver request for SkyFest land use fees. For the last nine years the Airport Commission has been asked to recommend a fee waiver request from the Arlington Fly-In (SkyFest). Staff have always brought this request before the Airport Commission prior to bringing the resolution before City Council. The FAA allows reduced or free rent for this type of aviation event. SkyFest is requesting that the Airport waive $6,874.78 in total fees, if a one-year waiver is granted. This is the rental of 59.4 acres for three days. Discussion followed with Mr. Wray answering Council questions. Councilmember Yvonne Gallardo-Van Ornam moved, and Councilmember Michele Blythe seconded the motion to deny the waiver request. The motion passed 3 to 2, with Councilmembers Michele Blythe, Leisha Nobach, and Yvonne Gallardo-Van Ornam voting yes and Councilmembers Heather Logan and Jan Schuette voting no. Ordinance Amending Arlington Municipal Code Chapter 20.16 Community and Economic Director Amy Rusko requested Council approve the amendments to AMC Chapter 20.16 Zoning Code Amendment to include updates to sections 20.16.240, 20.16.265, and 20.16.270 clarifying when permits are required for certain types of activities and clarifying language for permit time limits and placing a project on hold. Minutes of the City of Arlington City Council Meeting July 21, 2025 Page 3 of 4 Councilmember Heather Logan moved, and Councilmember Leisha Nobach seconded the motion to approve the ordinance amending Arlington Municipal Code 20.16 and authorized the Mayor to sign the ordinance. The motion passed unanimously. Ordinance Amending Arlington Municipal Code Chapter 20.44 Community and Economic Director Amy Rusko requested Council approve the amendments to AMC Chapter 20.44 Zoning Code Amendment which includes updates to sections 20.44.020G, 20.44.035, and 20.44.080 updating language for off-street parking for unit lot subdivisions, fire authority information, and mobile sales and permit delivery criteria. Councilmember Jan Schuette moved, and Councilmember Heather Logan seconded the motion to approve the ordinance amending Arlington Municipal Code 20.44 and authorized the Mayor to sign the ordinance. The motion passed unanimously. Ordinance Amending Arlington Municipal Code Chapter 20.56 Community and Economic Deputy Director Amy Rusko requested Council approve the amendments to AMC Chapter 20.56 Zoning Code Amendment that includes updates to section 20.56.060 updating language for the fire authority. Councilmember Leisha Nobach moved, and Councilmember Michele Blythe seconded the motion to approve the ordinance amending the Arlington Municipal Code 20.56 and authorized the Mayor to sign the ordinance. The motion passed unanimously. Ordinance Amending Arlington Municipal Code Chapter 20.68 Community and Economic Deputy Director Amy Rusko requested Council approve the amendments to AMC Chapter 20.68 Zoning Code Amendment includes updates to section 20.68.020 clarifying the type of public information signage excluded from regulations, an increase to the square footage allowed, and when building permits would be required. Councilmember Leisha Nobach moved, and Councilmember Yvonne Gallardo-Van Ornam seconded the motion to approve the ordinance amending Arlington Municipal Code 20.68 and authorized the Mayor to sign the ordinance. The motion passed unanimously. Ordinance Amending Arlington Municipal Code Chapter 20.72 Community and Economic Deputy Director Amy Rusko requested Council approve the amendments to AMC Chapter 20.72 Zoning Code Amendment includes updates to sections 20.72.010 – Table 20.72-1 and 20.72.082 clarifying parking requirements for rowhouses, townhouses, middle housing types, and providing new code language for tandem parking. Discussion followed with Ms. Rusko answering Council questions. Councilmember Yvonne Gallardo-Van Ornam moved, and Councilmember Heather Logan seconded the motion to approve the ordinance amending the Arlington Municipal Code 20.72 and authorized the Mayor to sign the ordinance. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting July 21, 2025 Page 4 of 4 COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan provided an update on the Board of Health regarding a new combination of meth + fentanyl. Councilmember Michele Blythe thanked Airport Director Marty Wray for the Airport tour. Councilmember Yvonne Gallardo-Van Ornam also thanked Airport Director Marty Wray for the Airport tour and stated the Farmer’s Market was busy. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis announced that the Loging Tax Advisory Committee decision is back to the City Councilmembers for deliberation. Councilmembers agreed to add this to the July 28 workshop agenda. Discussion followed with Mr. Ellis answering Council questions. MAYOR’S REPORT Mayor Vanney apologized for the late start due to the fire and traffic. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:38 p.m. _________________________________________ Don E. Vanney, Mayor DRAFT Page 1 of 2 Council Chambers 110 East 3rd Street Monday, July 28, 2025 Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe, Leisha Nobach, and Jan Schuette. Council Members Absent: Yvonne Gallardo-Van Ornam, excused. Staff Present: Mayor Don Vanney, Paul Ellis, Jim Kelly, Kris Wallace, Rory Bolter, Jonathan Ventura, Chelsea Brewer, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Drew Bono, Heather Watland, Tim Abrahamson, Stephanie Abrahamson, Holly Sloan-Buchanan, Steve Maisch, Randy Nobach, Ellis Nobach, and Dave Kraski. Mayor Don Vanney called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda excluding Item No. 3, which is moving to next week. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Amendment to Development Agreement with Baker MOR, LLC for Lot D City Administrator Paul Ellis reviewed the amendment to the Baker-MOR, LLC Development Agreement for Lot D. This is the first amendment to the Baker-MOR, LLC development agreement expanding select highway commercial uses on Lot D. The City entered into a development agreement with Baker-MOR, LLC in 2018 to allow mixed-use development on the property north of 172nd St NE and 40th Ave NE. The residential element was built on the northern 50% and Everett Clinic is on the southeast portion. Lot D remains undeveloped. Discussion followed with Mr. Ellis answering Council questions. June Financial Report City Administrator Paul Ellis reviewed the June financial report. Discussion followed with Mr. Ellis answering Council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop July 28, 2025 Page 2 of 2 Utilities and Transportation Quarterly Report Public Works Director Jim Kelly reviewed the department’s second quarter report. Discussion followed with Mr. Kelly answering Council questions. 2026 Lodging Tax Distribution City Administrator Paul Ellis requested Council deliberate on lodging tax distributions, with a worksheet for their use that was provided at their seats. Lodging Tax Funds are distributed annually based on funds received. $264,000 in grant requests were received and only $185,000 in funding is available for distribution. Discussion followed with Mr. Ellis answering Council questions. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT Mayor Vanney announced that the graduation ceremony for the Law Enforcement Academy is tomorrow. Councilmembers received invitations at their seats. COMMENTS FROM COUNCILMEMBERS None. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING No agenda items will be moved to the consent agenda for August 4 meeting. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:40 p.m. _________________________________________ Don E. Vanney, Mayor City of Arlington Council Agenda Bill CA #2 Attachment August 4, 2025 Accounts Payable Claims Approval Claims Approval Finance; Sheri Amundson, Interim Director 360-403-3426 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: City of Arlington August 4th, 2025 Council Meeting Claims Certification: We, the undersigned City Council of the City of Arlington, Washington do hereby certify that the merchandise or services hereinafter specified have been received and that: Approval of EFT Payments and Claims Checks #113806 through #113915 dated July 8th through July 21st for $1,208,540.19. Approval of Petty Cash Check #2046 dated July 21st for $61.75 City of Arlington Council Agenda Bill PH #1 Attachment August 4, 2025 First Amendment to Baker-MOR, LLC Development Agreement Draft agreement and location map Community and Economic Development / Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: commercial uses on Lot D. The City entered into a development agreement with Baker-MOR, LLC in 2018 to allow mixed-use development on the property north of 172nd St NE and 40th Ave NE as shown on the attached map. The residential element was built on the northern 50% and Everett Clinic is on the southeast portion. Lot D remains undeveloped. ALTERNATIVES: the Mayor to sign the agreement amendment. When Recorded Return to: CITY OF ARLINGTON CLERK 238 N OLYMPIC AVE ARLINGTON, WA 98223 FIRST AMENDMENT TO BAKER-MOR DEVELOPMENT AGREEMENT BAKER-MOR LLC CITY OF ARLINGTON, a Washington municipal corporation (abbreviated): TOWNSHIP 31 NORTH, RANGE 05 EAST. W.M PARCEL D OF THE 3905 172ND BINDING SITE PLAN  Complete on: EXHIBIT Assessor’s Tax Parcel Identification No.: Reference No. of Related Documents: DEVELOPMENT AGREEMENT SNOHOMISH COUNTY RECORDING #201810160181 FIRST AMENDMENT TO BAKER-MOR DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO BAKER-MOR DEVELOPMENT AGREEMENT (“Amendment”) is made and entered into by and between the City of Arlington, a non-charter code city pursuant to RCW Title 35A (“City”) and Baker-Mor, LLC, a Washington limited liability company (“Developer”). The City and Baker-Mor are each a “Party” and collectively the “Parties” to this Amendment. RECITALS A. The City and Developer entered into the Baker-Mor Development Agreement (“Development Agreement”) on October 4, 2018 regarding the property under the Snohomish County Tax Parcel number 31052400300500, and legally described on Exhibit A attached hereto (“Property”). The Development Agreement was recorded in Snohomish County under recording number 201810160181. B. Section 1.3 of the Development Agreement provides the Property will be developed in accordance with the City’s Mixed-Use Development Regulations, Chapter 20.110 AMC, to include retail and commercial establishments along the frontage of 172nd St NE and to include multifamily residential to locate to the rear portion of the Property. C. Section 1.4 of the Development Agreement states that as part of the proposed development, the Developer has ﬁled a Binding Site Plan application, ﬁled under City File No PLN#418 – BSP (“BSP”), which has subsequently been issued. The BSP has divided the Property into 5 parcels (A-E), with Parcels A-D developed for commercial/retail development and Parcel E developed for multifamily senior apartments. D. Subsequently, Parcels A-C were developed with commercial/retail development and Parcel E was developed with multifamily senior apartments, but Parcel D has not yet been developed. E. The parties desire to clarify and affirm through this Amendment that certain commercial and/or retail uses, speciﬁcally including drive-through uses, vertical multifamily residential uses, and the uses identiﬁed on Exhibit C may occur on Parcel D, as legally described on Exhibit B; provided that any development, including drive-through uses, establishes continuity in design features with the development on the other parcels, which may include design aspects speciﬁed under the Mixed-Use overly regulations pursuant to Chapter 20.110 AMC. Additionally, the parties desire to extend the term of the Development Agreement to allow for the development of Parcel D in accordance with the terms and conditions of the Development Agreement and this Amendment. F. In exchange for the City’s above clariﬁcation, affirmation, and extension, any development on Parcel D will be required to pay traffic impacts in accordance with AMC Chapter 20.90.010-20.90.070. G. The parties now desire to set forth their mutual understanding on the terms and conditions established below. AMENDMENT NOW THEREFORE, the Parties hereby agree as follows: 1. Section 1.3 – Permanent Use. Section 1.3 of the Development Agreement, entitled “Permanent Use,” shall be replaced in its entirety as follows: The Developer wishes to develop the Property 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”) provided that certain uses exempted under the Mixed Use Development Regulations shall be permitted as provided herein: on Parcels A-C, commercial and retail uses; on Parcel D, all uses identiﬁed on Exhibit C, (including drive-through uses), and vertical multi-family residential uses; and on Parcel E, commercial, retail and multi-family residential uses. 2. Section 1.4 – Binding Site Plan. Section 1.4 the Development Agreement, entitled “Binding Site Plan”, shall be replaced in its entirety as follows: As part of the Proposed development, the Developer ﬁled for and was issued a Binding Site Plan, pursuant to City File No. PLN#418 – BSP (“BSP” or “Binding Site Plan”). The BSP establishes the development of the Property by dividing the Property into ﬁve (5) parcels (Parcels A-E), with Parcels A-D being developed for commercial/retail development, Parcel E being developed for multifamily senior apartments, and dedicating .97 acres as public Right-of-Way (40th Ave NE). Parcels A- C, Parcel E, 40th Ave NE have all been developed in accordance with the BSP and the Development Agreement. Subsequently, the BSP was amended in November 2021 (under Snohomish County Recording Number 202111195001) to combine Parcels A- C. Parcel D may also be developed for (i) retail and commercial uses, including drive- through uses, (ii) vertical multifamily residential uses, and (iii) all Highway Commercial uses identiﬁed on Exhibit C. 3. Section 1.5 – Use of Traffic Impact Fees. Section 1.5 of the Development Agreement, entitled “Use of Traffic Impact Fees”, shall be amended as follows, with underline representing the addition and strikethrough representing the removal: As a condition of the Binding Site Plan, the City and the Developer have agreed that 40th Ave NE, a north-south connector street between 172nd St. NE and the future 173rd St. NE, will be constructed as a public roadway by the Developer. The City has agreed to allow Developer to dedicate the Right of Way and construct 40th Ave NE in lieu of paying a cash monetary amount for traffic impact fees associated with the development of parcels A-C, and parcel E. The total amount of allowed for construction of the Right of Way and the roadway construction (the “Allowed Construction Amount”) is identiﬁed within this Development Agreement, and any amount of fees identiﬁed in a traffic impact analysis exceeding the Allowed Construction Amount will be paid in cash to the City. The Developer shall pay traffic impact fees associated with the development of Parcel D pursuant to AMC Chapter 20.90.010-20.90.070. 4. Section 6.11 – Term. Section 6.11 of the Development Agreement entitled “Term”, shall be replaced in its entirety as follows: This Development Agreement will expire on October 3, 2030 without the need for further act or documentation. 5. This Amendment shall be recorded by the Developer with the Snohomish County Recorder’s Office within ten (10) business days of mutual execution by the Parties. This Amendment shall be recorded against parcel D only. The legal description of parcel D is attached hereto as Exhibit B and incorporated herein by this reference. 6. All remaining terms of the Development Agreement remain in effect. CITY OF ARLINGTON I, Don Vanney, Mayor of the City of Arlington, am the duly authorized representative and agent of the City of Arlington, Washington, am competent, and I have the authority to enter into this First Amendment to Baker-Mor Development Agreement and thereby bind the City of Arlington. Don Vanney, Mayor of the City of Arlington Date STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath and stated that he/she was authorized to execute the instrument. GIVEN under my hand and official seal the day and year last above written. Print Name: Notary Public in and for the State of Washington Residing at: My Commission Expires: Notary Seal BAKER-MOR, LLC I, am the duly authorized representative and agent of BAKER- MOR, LLC, a Washington limited liability company, am competent, and I have the authority to enter into this First Amendment to Baker-Mor Development Agreement and thereby bind the company. Signature Date Print Name: Title: STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath and stated that he/she was authorized to execute the instrument. GIVEN under my hand and official seal the day and year last above written. Print Name: Notary Public in and for the State of Washington Residing at: My Commission Expires: Notary Seal EXHIBIT "A" Property Map EXHIBIT “A” EXHIBIT "B" Legal Description of Parcel D EXHIBIT “B” PARCEL D OF CITY OF ARLINGTON BINDING SITE PLAN NO. PLN 418, RECORDED UNDER SNOHOMISH COUNTY RECORDING NUMBER 201808215006, AND AMENDED BY RECORDING NUMBERS 201811065001 AND 202008265002, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 31 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN SNOHOMISH COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO CITY OF ARLINGTON BY DEED RECORDED UNDER RECORDING NUMBER 201906180433. EXCEPT THAT PORTION CONVEYED TO CITY OF ARLINGTON BY DEED RECORDED UNDER RECORDING NUMBER 202107200909. EXHIBIT "C" Additional Highway Commercial uses permitted on Parcel D EXHIBIT “C” 20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table COMMERCIAL AND MIXED USE USE DESCRIPTIONS ZONES Cultural, Social, or Fraternal Uses Art Gallery or Center ZS Museum ZS Social, Fraternal Clubs and Lodges, Union Halls, and Similar Uses ZS Educational Commercial Nursery Schools; Day Care Centers ZS Environmental Critical Area Uses (AMC 20.93) Z Land Clearing and Logging 6 Z All Operations Conducted Entirely Within Fully Enclosed Building and Primarily Consists of Business Done with Walk-In Trade ZS Institutional Residence, Care or Confinement Facilities Hospitals, Clinics, Other Medical ZS Institutions (Other than Halfway Houses) for Confined Mentally Ill Persons ZS Nursing Care Institutions, Intermediate Care Institutions, Handicapped or Infirm Institutions, Childcare Institutions ZS Land Division Binding Site Plan Minor Z Boundary Line Adjustments Z Marijuana Production, Processing, and Retail Marijuana Retail Z Motor Vehicle-Related Sales and Service Operations Car Wash ZS Electric Vehicle Infrastructure 8 Z Office Government Office Buildings ZS Health Care Facility ZS Other Similar Office Uses Open Air Markets and Horticultural Sales Horticultural Sales with Outdoor Display ACUP Temporary (Seasonal) Farmer's Market ACUP Personal Services Banks with Drive-Thru Windows ZS Dry Cleaner / Laundromat ZS Salon / Barber Shop / Beauty Shop / Tanning ZS Studio: Art, Music, Dance ZS Travel Agencies ZS Other Similar Uses ZS Professional Services Attorney / Legal Services ZS Clinics of Physicians or Dentist ZS Consultant ZS Insurance / Stockbroker ZS Other Similar Uses ZS Public and Semi-Public Facilities Post Office ZS Special Events 9 P Classrooms, Civic Services, Public Health Centers, Emergency Response 10 ACUP Recreation, Amusement, Entertainment Indoor Recreation: Bowling Alleys, Skating Rinks, Indoor Tennis and Squash Courts, Billiards and Pool Halls, Indoor Athletic and Exercise Facilities, and Similar Uses ZS Movie Theaters Seating Capacity Less than 300 ZS Religious Religious Assembly - Accessory ZV Religious Assembly – Principle ZS Residential Multi-Family Use Above a Permitted Non-Residential Use (Mixed Use) 11 ZSC Residential Homes emphasizing special services, treatment, or supervision 14 Emergency Housing Z-ZV Emergency Shelter Z-ZV Permanent Supportive Housing Z Transitional Housing Z Residential Rooms for Rent Situations Hotels, motels, and similar businesses or institutions providing overnight accommodations ZSC Restaurants, Bars, Night Clubs Outside Fully Enclosed Building ZS Carry-Out and Delivery Service; Drive-Thru Service; Service or Consumption Outside Fully Enclosed Building ZS No Substantial Carry-Out or Delivery Service; No Drive-Thru Service; Service or Consumption Inside or Outside Fully Enclosed Building ZS Gambling Establishments ZS Retail Trade – No Outside Storage of Goods Allowed Convenience Stores Z General Mercantile ZS Home Occupation 12 P Sales / Rentals Incidental to a Non-Retail Principal Use 15 ZS Retail Trade – Outside Storage of Goods and Display Allowed Mobile Sales and Delivery 16 ACUP Services and Enterprises Related to Animals Pet Grooming/Pet Store ZS Veterinarian ZS Utility Facilities Alternative Energy Systems 8 ZS Public Utilities Z Franchise Utilities Z Wireless Communication Facilities 17 Commercial Antennas 50 feet tall or less Z Miscellaneous Combination Uses ZSC Footnotes of the Table of Commercial and Mixed-Use Permissible Uses 1 Residential Uses are only allowed in the General Commercial, Highway Commercial, and Neighborhood Commercial zones when regulated by the Mixed-Use Development Regulations, Section 20.110. All permissible uses shall meet the Use Table Requirements of the specific Place Type and Transect of the property of the intended use. 3 Subject to Section 20.38.080 – Performance Standards and Miscellaneous Restrictions 4 Subject to Section 20.38.070 – Restrictions on Certain Use Classifications on Arlington Airport Property 6 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion 8 Subject to 20.114 – Alternative Energy Systems 9 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events 10 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a State of Emergency. 11 Subject to Section 20.44.016 – Mixed Use Developments 12 Subject to Section 20.44.082 – Home Occupations 14 Subject to Section 20.44.070 – Homes Emphasizing Special Services, Treatment, or Supervision (Z-ZV = Z: new structure or ZV: within an existing structure and ZS = Z: within an existing structure or S new structure) 15 Subject to Section 20.40.050 Accessory Uses 16 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery 17 Subject to Section 20.44.034 – Wireless Communications Facilities City of Arlington Council Agenda Bill NB #1 Attachment August 4, 2025 Apparent Low Bid for Jensen Park Improvement Project ATTACHMENTS: Preliminary Bid Tab Administration; Sarah Lopez Community Engagement Director EXPENDITURES REQUESTED: $196,177.11 BUDGET CATEGORY: REET 1 and County grant BUDGETED AMOUNT: $460,000 (REET 1) and Snohomish County Grant ($100,000) LEGAL REVIEW: DESCRIPTION: Apparent low bid award for the Jensen Park Improvement Project to $196,177.11. This project includes the installation of a park restroom and expanding the parking lot at Jensen Park. The project is part of the City’s Parks Master Plan. The project design was completed at the end of 2023. The project was advertised for bid in July 2025, and eleven bids were received on July 29, 2025. ALTERNATIVES: Remand to staff for additional information. I move to award the Jensen Park Improvement Project to Reece Construction in the amount of $196,177.11 and to authorize the Mayor to sign the construction contract. City of Arlington Council Agenda Bill NB #2 Attachment August 4, 2025 Apparent Low Bid for the Pickleball Court Project Preliminary bid tab. A qualified Bid Tabulation will be handed out at the Council Meeting Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $388,776.00 BUDGET CATEGORY: Park Imp, Sales Tax, Snohomish County Grant BUDGETED AMOUNT: $200,000 city funds , $200,000 Sno County funding LEGAL REVIEW: DESCRIPTION: Review of preliminary bid tabulation for Pickleball Court Project. An interlocal agreement was formed in December 2023 with the Arlington School District allowing the City to build Pickleball Courts at Haller Middle School. Snohomish County awarded a $200,000 grant to the City of Arlington for this project which is being matched with $200,000 of local funds. This construction project includes provision of labor, equipment materials to construct a Pickleball Court and described and detailed in the Project Manual and construction documents. Work includes, but is not limited to, mobilization, grading, compaction, concrete flatwork, sidewalk and curb ramp construction, retaining wall construction, fencing, and site restoration. The project was advertised on July 10 with bids opened on July 29. The preliminary bid tabulation is attached to this CAB. A qualified approved bid will be determined by staff and approved by the City Attorney for final award and contract. ALTERNATIVES: Remand to staff for additional information. I move to approve the pickle ball construction contract with Viking Construction in the amount of 388,776.00, and authorize the Mayor to sign the contract, pending final review by City Attorney. City of Arlington Council Agenda Bill NB #3 Attachment Preferred qualified proposal Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: Wastewater Operating Fund BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Award of contract for the Biosolids Hauling. HISTORY: The City of Arlington contracted with Boulder Park, LLC as an alternate bio-solids disposition site. In order to use the Boulder Park facility, the City needs to contract with a Department of Ecology (DOE) licensed contractor for the hauling of biosolids. A Request for Proposal (RFP) was publicly advertised and the City received two proposals/bids. The City evaluated both proposals/bids and determined that the proposal from Earthwork Solutions meets all of the requirements contained in the RFP, is properly licensed with the DOE, and was the low-price bidder. Staff is requesting City Council accept the Earthwork Solutions proposal and authorize the mayor to sign the contract. ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: “I move to accept the proposal and enter into contract with Earthwork Solutions for Biosolids Hauling and authorize the Mayor to sign the contract.” Earthwork Solutions 8629 156th ST NE, Arlington, WA 98223 Business Phone: 425-553-2784 Point of Contact: Pavel Nikolin 425-345-0071 July 14, 2025 Linda Taylor Project Administrator City of Arlington Public Works 154 West Cox Ave Arlington, WA 98223 Letter of Interest: BPI Biosolids Hauling and Beneficial Use (RFP PW-U25.007) To Linda Taylor, Earthwork Solutions LLC respectfully submits this letter of interest in response to the City of Arlington’s Request for Proposals for Biosolids Boulder Park Hauling (Project No. PW-U25.007), issued June 24, 2025. We are enthusiastic about the opportunity to serve the City in the implementation of its Biosolids Management Program and to support the City’s ongoing commitment to safe, efficient, and compliant biosolids transport. With over 3 years of experience in wastewater and biosolids handling in Washington State, Earthwork Solutions has the personnel, equipment, and operational reliability to meet and exceed the City’s expectations. Our fleet includes well-maintained, leak-resistant Trucks and trailers capable of year-round operation. We understand the regulatory requirements at both the state and federal levels and are fully prepared to maintain compliance with WAC 173-308, 40 CFR Part 503, and the City’s general permit (BA0022560). We are particularly well-positioned to provide: ● Reliable, year-round hauling services with 72-hour response capabilities. ● Fully compliant equipment and operational procedures, including spill prevention and emergency response. ● Detailed monthly reporting and communication, consistent with the City’s documentation and billing requirements. Earthwork Solutions has maintained an impeccable compliance history with the Washington Department of Ecology and the USEPA, with no current enforcement actions or violations. Our operations team is familiar with the routing, weighing, and documentation needs associated with transporting to Boulder Park, Inc., and we are confident in our ability to deliver safe, responsive, and efficient services. We look forward to the opportunity to collaborate with your staff and stakeholders to contribute to a seamless continuation of biosolids hauling operations. Please do not hesitate to contact us should you need further clarification or documentation as part of this proposal process. Thank you for your consideration. Sincerely, Pavel Nikolin President Earthwork Solutions LLC Phone: 425-345-0071 Email: pavel@Earthworksolutions.com Project Approach Summary Earthwork Solutions LLC proposes a dependable, fully compliant hauling service to support the City of Arlington’s Biosolids Management Program under General Permit BA0022560. Our approach is grounded in three pillars: regulatory adherence, logistical readiness, and responsive communication. Client References We currently provide biosolids transport and services to the following municipalities and facilities: 1. City of Arlington: Contact: Caitlyn Dwyer, Utilities Manager Phone: 360-403-3540 Email: Cdwyer@arlingtonwa.gov 2. City of Tulalip: Contact: Mike Leslie, Utilities Manager Phone: (360) 529-7497 Email: Mikeleslie@tulaliptribes-nsn.gov Equipment 1. 2020 Kenworth T880 2. 2022 Volvo VHD 3. 2017 Kenworth T880 4. 2003 PTW PSLTT18 Key Personnel List Personnel 1. Pavel Nikolin - President, Commercial Driver 2. Eduard Nikolin - Equal Opportunity Officer, Commercial Driver 3. Art Nikolin - City Coordinator, Operations Manager 4. Vladimir Nikolin - Commercial Driver 5. Alex Mischenko - Commercial Driver 6. Illya Zaboltski - Heavy Equipment Operator Generator Example May 2025 Date: Field Location Tonnage Invoice 05/01/2025 JWS2 26.11 14131 05/05/2025 JWS2 24.85 14128 05/09/2025 JWS2 25.75 14518 05/12/2025 JWS2 24.03 14134 05/13/2025 JWS2 24.69 14197 05/21/2025 RP4 25.44 14265 05/22/2025 DT2 25.99 14279 05/23/2025 DT2 25.35 14290 Total: 202.21 8 Spill Response Purpose This plan provides a standardized protocol for the safe, immediate, and compliant response to any spill involving biosolids during transport, loading, or unloading. The goal is to: ● Minimize environmental impact and public health risk ● Meet state and federal regulatory requirements ● Ensure thorough documentation and corrective action Applicability This plan applies to: ● All Earthwork Solutions LLC vehicles hauling biosolids ● Operations originating at the yard, in transit, or on delivery to a beneficial use site ● All incidents involving Class B biosolids, whether in liquid or dewatered form Key Spill Response Contacts Art Nikolin Operations Manager 425-521-0274 WA Ecology - Spill Hotline Statewide 1-800-645-7911 Generator Contact Immediate Spill Response Protocol Initial Actions (First 5 Minutes) ● Secure the vehicle or worksite ● Don personal protective equipment (PPE) ● Contain and isolate the material using absorbent barriers or granular material ● Protect nearby drains, ditches, or public access areas ● Deploy warning markers (cones or signage) as needed ● Follow generators spill response procedures and requests Trigger Criteria for Reporting Immediately report the spill to WA Ecology (1-800-OILS-911) if any of the following apply: ● Contacts public roadway (any quantity) ● Enters or threatens a storm drain, ditch, or water body ● Cannot be fully recovered with equipment on hand ● Poses public health or traffic hazard Notifications (Within 15 Minutes) ● Notify Generator Representative ● Notify Operations Manager ● Call WA Ecology hotline if required ● Notify local highway or traffic authorities if relevant Containment and Cleanup Procedures ● Use absorbent materials and tools to collect spills ● Place waste in sealed, labeled containers for proper disposal ● Decontaminate equipment, vehicle surfaces, ground surfaces using ≤5% bleach. ● Prevent tracking or residual contamination before resuming operation ● Follow Generators spill response plan and/or instructions. Documentation (Within 24 Hours) Complete a Spill Incident Report, including: ● GPS location, estimated volume, cause ● Photo documentation ● Actions taken and materials used ● Names of responders ● Weather, road, and traffic conditions Submit report to: ● Generator ● WA Department of Ecology if contacted ● Internal compliance Spill Kit Requirements ● (4) Absorbent socks (48”) ● (1) 5-gallon granular absorbent ● (1) Shovel and broom ● (4) Heavy-duty disposal bags ● (1) PPE set: gloves, goggles, vest ● Emergency contact placard City of Arlington Council Agenda Bill NB #4 Attachment August 4, 2025 Amendment No 1 to the Rock Project Management contract Rock Project Management Scope of Work and Fee Amendment No. 1 Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $79,000.00 BUDGET CATEGORY: Federal Grant plus Transportation/TBD Funds BUDGETED AMOUNT: $1.3 M project budget LEGAL REVIEW: DESCRIPTION: Amendment to an existing contract with Rock Project Management for Construction Management (CM) services. Due to a large number of Public Works capital improvement projects in 2025, and the need for full time construction management on these projects (three projects with Federal funding), the City contracted with Rock Project Management in 2024 for CM services to support the management of several 2025 construction projects. The unanticipated additional time on the 211th Project required more of our CM inspector and Rock CM is requesting an amendment to cover Division/Broadway project. Staff negotiated a scope of services and fee for additional CM services for the Division/Broadway and 188th Street Roundabout projects, staff is recommending Council accept the Amendment #1 proposal and authorize the mayor to sign the Amendment. ALTERNATIVES: Remand to staff for additional information. I move to approve Amendment No 1 with Rock Project Management for Construction Management services in the amount of $79,000 and authorize the Mayor to sign the contract, pending final approval by the City Attorney. 1601 E. VALLEY RD, SUITE 110 RENTON, WA 98057 425.572.6878 www.rockpmservices.com 6/30/2025 James Kelly, Public Works Director City of Arlington 154 W. Cox Arlington, WA 98223 SUBJECT: City of Arlington 2024 Construction Management Support Amendment Proposal Dear Mr. Kelly, Rock Project Management Services, L.L.C. currently has a contract with the City of Arlington for CM services for a total of $337,344. We are interested in performing the additional services of construction inspection for the Division and Broadway Project. Based on the Schedule of Values below, RPM is requesting the following contract adjustments be made: Employee Assigned Projects Hourly Rate Total Hours Total Cost Josh Arlt Division & Broadway $158 500 $79,000 Total Contract Amendment $79,000 1.The standard hourly rate for Josh Arlt remains at $158/hour through 2025. 2. It is assumed that the project duration is 50 working days. The total proposed contract amendment is a not-to-exceed amount. In the event the employees’ services are not needed, those costs are not charged. Only actual hours expended on assigned City projects, supported by weekly timesheets detailed in monthly invoices, with prior approval by the City is allowed. Current Contract Amount: $337,344 This Amendment Amount: $ 79,000 Revised Contract Amount: $416,344 The contract completion date through this Amendment remains December 31, 2025. Thank you for the opportunity to amend our services to the City of Arlington. Sincerely, ROCK PROJECT MANAGEMENT SERVICES, L.L.C. Lisa Couret, Chief Operating Officer EXHIBIT A City of Arlington Council Agenda Bill NB #5 Attachment August 4, 2025 Local Solid Waste Grant for Waste Reduction and Recycling FY 2025-2027 Grant Agreement between the City of Arlington and Department of Ecology Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $5,054.43 (City portion over two years)BUDGET CATEGORY: Recycling Efforts (General Fund) BUDGETED AMOUNT: $18,000 year 2025 LEGAL REVIEW: DESCRIPTION: Acceptance of a two-year grant from the Department of Ecology for the amount of $20,217.71, with a $5,054.43 match obligation, to continue funding the City’s 2025-2027 refuse and recycling program. The City has been receiving a Department of Ecology Local Solid Waste Grant (formerly called a “CPG” grant) for over 20 years; this grant is used to fund the City’s refuse and recycling outreach and education program. The refuse and recycling program provides valuable information and outreach to Arlington’s citizens, businesses, and schools about efficient and cost-effective waste management practices – all of which not only reduce waste tonnage sent to landfills, but reduces waste disposal costs for citizens, ALTERNATIVES: Remand to staff for additional information. I move to accept the Solid Waste Financial Assistance Grant offered by the Department of Ecology for fiscal years 2025 to 2027 and authorize the Mayor to sign the grant agreement, pending final review by the City Attorney. Agreement No. SWMLSWFA-2025-ArliPW-00278 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF ARLINGTON PUBLIC WORKS This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and CITY OF ARLINGTON PUBLIC WORKS, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. P&I City of Arlington PW GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: The City of Arlington Public Works will spend $20,217.71 to provide waste reduction and recycling information, education, and assistance to City businesses, multifamily properties, and schools. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks . Overall Goal: Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. $20,217.71 $20,217.71 $15,163.28 $5,054.43 07/01/2025 06/30/2027 Planning & Implementation Page 2 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS RECIPIENT INFORMATION Organization Name: Federal Tax ID: UEI Number:FFLLHCP2LNH2 Mailing Address: Physical Address: Contacts Organization Email: CITY OF ARLINGTON PUBLIC WORKS 91-6001401 154 W Cox Arlington, WA 98223 154 W Cox Arlington, Washington 98223 kwallace@arlingtonwa.gov Template Version 12/10/2020 Page 3 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS Kris Wallace Public Works Staff Accountant 154 W Cox Arlington, Washington 98223 Email: kwallace@arlingtonwa.gov Phone: (360) 403-3538 Authorized Signatory Kris Wallace Public Works Staff Accountant 154 W Cox Arlington, Washington 98223 Email: kwallace@arlingtonwa.gov Phone: (360) 403-3538 Billing Contact Project Manager Authorized Signatory Don E. Vanney Mayor 154 W Cox Arlington, Washington 98223 Email: donv@arlingtonwa.gov Phone: (360) 403-3538 Template Version 12/10/2020 Page 4 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS Contacts Project Manager Financial Manager Audrey Taber PO Box 330316 Shoreline, Washington 98133-9716 Email: atab461@ecy.wa.gov Phone: (425) 414-5267 Audrey Taber PO Box 330316 Shoreline, Washington 98133-9716 Email: atab461@ecy.wa.gov Phone: (425) 414-5267 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Template Version 12/10/2020 Page 5 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement . This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party . This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Solid Waste Management CITY OF ARLINGTON PUBLIC WORKS Peter Lyon Mayor Don E. Vanney By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 12/10/2020 Page 6 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS SCOPE OF WORK Task Number:1 Task Cost: $20,217.71 Task Title:Business Recycling/Waste Prevention Task Description: RECIPIENT will provide recycling outreach assistance to its commercial sector (city businesses, multi-family properties, and area schools), coordinating its efforts with Waste Management, the City's solid waste and recycling service provider. While all are classified as commercial accounts, each subgroup in RECIPIENT's commercial sector has its own timing, approach, and targeted activities outlined below. Activity - Business Recycling/Waste Prevention: RECIPIENT will expand its existing waste reduction and recycling program to include ten (10) new businesses. Program activities to include providing recycling and waste reduction outreach and assistance, promoting recycling services to city businesses, evaluating recycling programs to reduce contamination, and providing follow-up support. Activity - School Recycling and Composting: RECIPIENT will work with Arlington School District (ASD) schools to coordinate waste reduction, recycling, and composting programs. RECIPIENT will provide education/instruction training to ASD staff. RECIPIENT will monitor school recycling and composting programs for contamination and proper use . Additionally, RECIPIENT estimates seven (7) schools will implement composting programs. Activity - Multi-family Properties Waste Reduction and Recycling: RECIPIENT will provide recycling outreach and support to City multi-family properties. Recycling containers will be monitored and inspected to assess the degree of correct recycling and levels of contamination. Technical assistance and education support will be provided to property managers and residents . Resident education may include presentations to resident groups, education tabling, and door-to-door education outreach. Recycling outreach and support will expand to five (5) new multi-family properties. Task supplies and expenses to support City outreach and education programs may include purchasing container receptacles . RECIPIENT expects to produce and or distribute materials and must coordinate with the Ecology grant manager prior to incurring costs. Costs eligible for reimbursement with supporting documentation include: • Staff salaries and benefits, including indirect costs up to 30% • Contractor costs to conduct task work, including technical assistance, educational outreach, and promotion of the program • Education and outreach materials specific to task • Costs not listed here but approved in writing by ECOLOGY Costs not eligible for reimbursement: • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week • Staff participation in trainings, workshops and or conferences not pre-approved in writing by ECOLOGY • Costs of membership in civic, business, technical and or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation Template Version 12/10/2020 Page 7 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS Task Goal Statement: The goal of this task is to increase recycling and composting, reduce waste, and reduce contamination in recycling and organics programs at City businesses, multifamily properties, and schools. Task Expected Outcome: With the task budget, RECIPIENT estimates, • 75,000 pounds of solid waste collected for recycling • 130,000 pounds of organic waste diverted from landfilling • 22 new properties signed up for service (10 businesses, 7 schools, 5 multifamily properties) Task Expected Outcomes are measured by monitoring , evaluating and auditing recycling and composting containers. Participation, proper use, container fullness and contamination will be documented and analyzed to quantify waste diversion. Recipient Task Coordinator: Kris Wallace Deliverables Business Recycling/Waste Prevention Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 Page 8 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS BUDGET Funding Distribution EG250518 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State Model Toxics Control Operating Account (MTCOA) 100% Local Solid Waste Financial Assistance Type: Funding Source %: Description: FDFund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 25% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: City of Arlington PW 07/01/2025 06/30/2027 Grant City of Arlington PW Task Total Business Recycling/Waste Prevention 20,217.71 20,217.71$ Template Version 12/10/2020 Page 9 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS Funding Distribution Summary Recipient / Ecology Share $$$%15,163.28 20,217.715,054.4325.00City of Arlington PW Total 5,054.43 15,163.28 20,217.71 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location) or other locations, ECOLOGY will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement , unless approved in writing by ECOLOGY. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. ECOLOGY’s Solid Waste Management (SWM) program will implement a reporting assessment for all RECIPIENTs of grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required throughout the biennium. If RECIPIENT administrative performance or changes in project circumstances trigger a reassessment, RECIPIENT will be notified of any changes to administrative requirements . RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly . The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: Template Version 12/10/2020 Page 10 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form . ·Receives more than $30,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. Template Version 12/10/2020 Page 11 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities ). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 Page 12 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 Page 13 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 Page 14 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template Version 12/10/2020 Page 15 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 Page 16 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING Template Version 12/10/2020 Page 17 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 Page 18 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Page 19 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no Template Version 12/10/2020 Page 20 of 20 SWMLSWFA-2025-ArliPW-00278 P&I City of Arlington PW CITY OF ARLINGTON PUBLIC WORKS event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 City of Arlington Council Agenda Bill NB #6 Attachment COUNCIL MEETING DATE: August 4, 2025 SUBJECT: Community and Economic Development Quarterly Report ATTACHMENTS: Second Quarter Report, Permit Statistics Reports, Code Enforcement Statistics Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: HISTORY: that Council may have. ALTERNATIVES: Page 1 of 4 Currently at 10 full time employees. • Filled the Planner II position with Chloe Bonsen – Started on July 1st. • Filled the Fire Technician II position with Hannah Hardwick – Internal promotion • Held interviews on July 21st and July 22nd for the Permit Technician I position that back�ills the internal promotion. • Part-Time Scanner – Position extended to December 15, 2025. • Working on a new Code Enforcement Program to provide proactive enforcement, along with the current citizen complaint process and establish relationships with Homeowner Associations throughout the city. • Implementation of the Civic Plus permitting software has been delayed to September 1st in order for CED Staff to hold training sessions with other departments and to ensure a smooth transition. • Allen Townhomes – 36-unit residential townhome unit lot subdivision project located east of the 172nd Street and State Route 9 intersection. • Arlington Townhomes – 17-unit residential townhome unit lot subdivision project located along Highland Drive. • Bridgemont – 18-lot single family residential subdivision project located southeast of the Crown Ridge Boulevard and 186th Street intersection. • Goldstream Ventures – 96-unit multi-family mixed-use project located northeast of the Smokey Point Boulevard and 183rd Street intersection. • Ironwood Place – 102-unit multi-family mixed-use project located northeast of the 67th Avenue and Woodlands Way intersection. • Petro Card – Updated fueling station, along with underground fuel piping replacement, paving and drainage located at 19020 63rd Avenue NE. • RNW Distribution located at 7304 197th Place NE • Seattle Galvanizing Small Parts located at 18520 67th Avenue NE • Smokey Point North – Monopine Wireless Facility located at 17306 Smokey Point Drive. • Snohomish County PUD Crosswinds Substation – New substation located east of the existing clean energy campus at 17623 63rd Avenue NE. • Stillaguamish Valley Museum – Garage for equipment storage located at 20722 67th Avenue NE. Community & Economic Development 2nd Quarter Report – Amy Rusko, Director New Programs Active Development Projects Under Construction Staf�ing Page 2 of 4 • The Outpost – 500-unit multi-family mixed-use project located southwest of the 51st Avenue NE and 168th Street NE intersection. • Walmart Expansion – Proposed 4,640 square foot building expansion to accommodate outdoor grocery pickup services at 4010 172nd Street NE • Arlington/Smokey Point Marriott Hotel – Proposed 123-unit hotel with associated site improvements at 3620 173rd Street NE • Thunderbird Aero Hangar – Proposed 70’ x 160’ new hangar building at 18228 59th Drive NE (property that is north of the Airport Of�ice Building) • Project Cascade – Proposed 652,080 square foot footprint distribution facility southwest of the 59th Avenue and 172nd Street intersection. • Pilot Travel Center EV Charging Stations – Proposed addition of EV Chargers in the northwest portion of the parking lot at 2430 SR 530. • Coast Construction – Proposed 45,000 square foot warehouse and of�ices with associated site improvements at 6103 180th Street NE. • South French – Proposed unit lot subdivision or short subdivision for a fourplex or two duplexes, with each unit placed on their own lot at 403 S French Avenue. 2 2 14 2 2 16 3 5 1 0 2 4 6 8 10 12 14 16 18 Total Page 3 of 4 12 25 Total Cases Investigating Closed 17% 42% 14% 5% 11% 11% Types of Complaints Junk Vehicles / Parking on Lawn Overgrown Lawn / Vegetation Building Without Permits Tree Removal Without Permits Trash / Debri Living in RV Page 4 of 4 • The extended contract with OTAK for the remaining supplemental data to complete their contractual obligation for the 2024 Comprehensive Plan Periodic Update is almost complete. We are waiting for the �inal document to be submitted to the city and then we will approve the �inal payment. • The construction contract with Capture Energy, the general contractor for Phase II of the Smokey Point Park is in project closeout. • The contract with MAKERS Architecture and Urban Design LLP is ongoing through October 2025 for the Island Crossing Subarea Plan, Planned Action EIS, and Chapter 20.119 – Island Crossing Subarea Development Standards. • The Department of Commerce Paper to Digital grant was completed on June 15, 2025. • Training and hiring new employees, along with transitioning to new roles and re-assigning projects/workloads to proper employees. • September: AMC Chapter 20.93 – Critical Area Ordinance Code Amendment • September: AMC Chapter 20.110 – Mixed-Use Development Regulations Code Amendment • October: Island Crossing Subarea Plan and Planned Action EIS • October: AMC Chapter 20.119 – Island Crossing Subarea Development Regulations. • November: 2026 Annual Docket Upcoming City Council Items Current Contracts/Grants/Agreements Challenges/Items of Concern City of Arlington Council Agenda Bill NB #7 Attachment August 4, 2025 2026 Lodging Tax Distribution None. Finance / Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: Not to Exceed $185,000 BUDGET CATEGORY: Lodging Tax Fund BUDGETED AMOUNT: $185,000 LEGAL REVIEW: DESCRIPTION: Lodging Tax Funds are distributed annually based on funds received. $264,000 in grant requests were received and only $185,000 in funding is available for distribution. ALTERNATIVES: