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2011, 04-05 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,April 5,2011 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ACTION ITEMS: UNFINISHED BUSINESS: 1. Steve Worley Tabled Motion: Indiana Avenue Extension Bid Motion Consideration Award [Tabled March 22, 2011] [public comment(on the original motion if taken off the table)] 2. Mike Stone Greenacres Park Bid Award Motion Consideration [public comment] 3. John Hohman Hanson Industries Developer Agreement Motion Consideration [public comment] 4. Mayor Towey Appointment of Candidate to Council Motion Consideration Position#3 [no public comment] (followed by new councilmember taking oath of office) NON-ACTION ITEMS: 5. Mayor Towey Advance Agenda Discussion/Information 6. Mayor Towey Council Check in Discussion/Information 7. Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action"means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Agenda,April 5,2011 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 5, 2011 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Tabled Motion: Indiana Avenue Extension Bid Award GOVERNING LEGISLATION: RONR 10th ed, Chapter IX; § 34: To "Take from the Table" — must be seconded; is not debatable or amendable and requires majority vote." The object of the motion to "take from the Table" is to make pending again, the motion previously laid on the table. Note also that since a motion has been laid on the table, no other motion on the same subject is in order that would conflict with or present substantially the same question, as the motion that is lying on the table. PREVIOUS COUNCIL ACTION TAKEN: During the Council's March 22, 2011 meeting, the following motion was tabled to April 5, 2011: "Move to award the bid for the Indiana Avenue Extension Project #0112 to Spokane Rock Products, Inc., in the amount of $1,049,282.20 and to authorize the City Manager to finalize and execute the construction contract." A motion must be passed to remove this item from the table before proceeding further on this issue. [Note: The motion to take from the table cannot be reconsidered, as it can be renewed repeatedly if lost but it cannot be renewed until some business has been transacted since it was lost. If the motion to take from the table is carried, the question can be again laid on the table after progress in debate or business. RONR Article VI Section 35.] OPTIONS: Council discretion. RECOMMENDED ACTION OR MOTION: 1. First Motion: I move to remove from the table, the motion to award the bid for the Indiana Avenue Extension Project, which was placed on the table during the March 22, 2011 council meeting." [This motion must be seconded, is not debatable, not amendable, and requires a majority vote.] 2. Based on the outcome of the first motion, discussion could continue on the original motion. 3. Vote on the original motion, which was "Move to award the bid for the Indiana Avenue Extension Project #0112 to Spokane Rock Products, Inc., in the amount of $1,049,282.20 and to authorize the City Manager to finalize and execute the construction contract." BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 22, 2011 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Bid Award — Indiana Ave Extension Project (#0112) GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: August 12, 2008, approved motion to submit TIB Grant Application for the Indiana Avenue Extension Project; December 29, 2008, Info Memo on TIB grant award; January 27, 2009, Public Hearing/Approval of Amended 2009 TIP; February 24, 2009, Info RCA re: TIB Grant; March 3, 2009, Admin Report re: TIB Grant; March 10, 2009, Motion to sign TIB grant agreement; April 14, 2009, Approved Amendment #2 —2009 TIP; June 16, 2009, approval of 2010-2015 Six Year Transportation Improvement Plan (Resolution #09- 009) which included the Indiana Extension Project; March 2, 2010, Info RCA, Amended 2010 TIP; March 9, 2010, Admin Report on Amended 2010 TIP; March 23, 2010, Public Hearing on Amended 2010 TIP; April 13, 2010, approved Resolution #10-007 adopting Amended 2010 TIP, March 8, 2011- Staff presentation on Indiana Ave extension. BACKGROUND: The City of Spokane Valley received a grant from the Transportation Improvement Board (TIB) Under the grant agreement TIB will fund 80 % of the project cost, up to a maximum of $1,566,850. The project will connect Indiana Ave east of Sullivan Road to the Mission/Flora intersection with a divided parkway including sidewalks, curbs, gutters, bike lanes, and drainage improvements. This project will help alleviate congestion along Broadway Ave and Sullivan Rd by completing a missing link and providing an east-west route immediately north of 1-90. The design and contract documents were prepared by City staff. The project was advertised for bid on February 18, 2011 and bids were opened Friday, March 11, 2011. Eight bidders responded. Spokane Rock Products is the low bidder with a bid of$1,049,282.20. OPTIONS: 1) Award contract to Spokane Rock Products, or 2) Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to award the bid for the Indiana Avenue Extension Project #0112 to Spokane Rock Products, Inc., in the amount of $1,049,282.20 and to authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The 2011 budget has sufficient funds to provide the local match for this project. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director ATTACHMENTS: Bid Tabulation — Indiana Avenue Extension Project#0112 BID TABULATION Indiana Avenue Extension Project Project CIP No.0112 BID OPENING DATE-March 11,2011 10:00 A.M. SpOIid 5 Y alley Engineer's Estimate I SPOKANE ROCK PRODUCTS INLAND ASPHALT POE ASPHALT PAVING,INC. I KNIFE RIVER CORPORATION I SCHINVELS CONSTRUCTION I CONTINENTIAL TRACTORS I NOM CONSTRUCTION,INC. (STAN PALNERCONSTUCTION,INC. NUMBER ITEM ECHEDULEA Ro. MOBILIZATION OTAL ITEM Unit IDUANTITvI UntPnce Taal Cost UntPnce I Total Cost UntPnce Total Cost UntPnce Taal Cost Unit Price I TotlCost UntPnce TotlCost UntPnce Total Cost Una Price I Tao Cost Unit Price I Taal Cost I CONSTRUCTION SURVEYING PROJECT TEMPORARY TRAFFIC CONTROL TRENCH EXCAVATION SAFETY SYSTEM EROSION CONTROL SPCC PLAN CLEARING AND GRUBBING REMOVE BOULDER OR DEBRIS REMOVE/ABANDON CATCH BASIN ABANDON DRYWELL REMOVE STORM DRAIN PIPE REMOVE PCC SIDEWALK/DRIVEWAY APPROACH REMOVE PCC CURB AND GUTTER REMOVE ASPHALT CONCRETE PAVEMENT ROADWAY EXCAV INCL HAUL EMBANKMENT COMPACTION METHOD CRUSHED SURFACING TOP COURSE,2 IN DEPTH CRUSHED SURFACING TOP COURSE,4 IN DEPTH CRUSHED SURFACING BASE COURSE,4 IN DEPTH SOIL RESIDUAL HERBICIDE HMA CL 1/2"PG 7328,42 FT DEPTH ASPHALT CONCRETE CURB,NPE C JOINT ADHESIVE ANT1-STRIPPING ADDITIVE JOB MIX COMPLIANCE PRICE ADJUSTMENT COMPACTION PRICE ADJUSTMENT CEMENT CONCRETE PAVEMENT,31N THICK,INCL DOWELS FURNISHING CONCRETE FOR CEMENT CONCRETE PAVEMENT PORTLAND CEMENT CONCRETE COMPLIANCE ADJUSTMENT REMOVAL AND REPLACEMENT OF UNSUITABLE MATERIAL CURB INLET NPE 1 CONCRETE INLET NPE 2 GRATE INLET NPE 2 ADJUST EXISTING MANHOLE,CATCHBASIN OR DRYWELL PRECAST CONCRETE DPW/END/PE A PRECAST CONCRETE DPW/END/PE B DUCTILE IRON STORM SEWER PIPE,10 IN DIAM DUCTILE IRON STORM SEWER PIPE,12 IN DIAM DUCTILE IRON STORM SEWER PIPE,24 IN DIAM STORM DRAIN ENCASEMENT DUCTILE IRON PIPE FOR WATER MAIN,12 IN DIAM IMPORTED PIPE BEDDING CONNECTION TO EXISTING MANHOLE ADJUST WATER VALVE BOX ADJUST WATER METER BOX CEMENT CONCRETE CURB AND 18"GUTTER CEMENT CONCRETE TRAFFIC CURB AND 12"GUTTER DRIVEWAY APPROACH PEDESTRIAN CURB TYPE"S"CURB FIRE CURB CEMENT CONCRETE SIDEWALK ROUNDABOUT TRUCK APRON CEMENT CONCRETE CURB ROUNDABOUT CENTQN ISLAND CEMENT CONCRETE CURB CONCRETE TQaFFIC ISLAND DETECTABLE WARNING SURFACE IN PCC DETECTABLE WARNING SURFACE IN JIMA SEEDING,FERTILIZING AND MULCHING TOPSOIL,TYPE A BARK MULCH SOD INSTALLATION SEEDED LAWN INSTALLATION POROUS PAVING SWALE IRRIGATION SYSTEM IRRIGATION SYSTEM REVISIONS PLANT SELECTION-UTAH SERVICEBERRY PLANT SELECTION-WOODS ROSE PLANT SELECTION-MOCK ORANGE SEGMENTAL CONCRETE RETAINING WALL REMOVE AND REINSTALL VINYL FENCING TEMPORARY FENCE BOLLARD TYPE 2 CONDUIT PIPE 31N,DIAM MONUMENT CASE AND COVER QUARRY SPALLS MAILBOX SUPPORT,NPE 1 PERMANENT SIGNING BULLT1OSE MARKER DELINEATOR AND COREHOLE TEMPORARY PAVEMENT MARKING PAINT LINE PLASTIC UNE WIDE PLASTIC UNE PLASTIC CROSSWALK LINE PLASTIC STOP UNE PLASTIC TRAFFIC ARROW PLASTIC BICYCLE SYMBOL PAINTED YIELD LINE SYMBOL LS LS LS LS LS LS LS LS EA EA SY SY CY CY SY SY SY SY SY CALC CALC CALC SY CY CALC CY EA EA EA EA EA EA EA EA EA EA EA SY SY SY SF SF SY SY SY SY SY SF EA EA EA EA EA SF EA EA SY EA LS EA EA SF EA EA EA $170000 00 $15000 00 $500000 $1,000 00 $500000 $50000 $500000 $500000 CALC CALC CALC CALC $50000 $50000 $Io 00 $6 00 $3 00 $050 $200 $1000 $1000 $300 $$00 $500 8015 $27 00 $300 $200 $3000 $12000 $2000 $50000 $1,50000 $1,75000 $200000 $200000 $10000 $300000 $200000 $4000 $5000 $6000 $5000 $10000 $1200 $1,00000 $3000 $30000 $30000 $1500 $1200 $1000 $3000 $1500 $1500 $1500 $2500 $25 00 $25 00 $25 00 $38 00 $5000 $025 $1 50 $3 00 $5 00 $5 00 $39 00 $500000 $1,00000 $5000 $5000 $5000 $22 00 $5000 $5 00 $25000 $5 00 $1,00000 $5000 $25000 $500000 $400 00 $16000 $050 DI 16 DI 16 DI 16 DI 16 $1200 $56 56 $15000 $25 00 $10000000 $15000 00 $500000 $1000 00 $500000 $50000 $500000 $500000 $50000 $50000 $370 00 $2240 00 $4780 00 $73500 $1406000 $154,80000 $13420000 $5100000 $27,000 00 $87,850 00 $2520 00 $450400 00 $7,500 00 871800 $430000 DI o0 $100 $16,20000 $1440000 DI 06 $400000 $100000 $1500000 $7,000 00 $400000 $4,00000 $420000 $4000 00 $5,000 00 $3460000 $3400000 $51 60 00 $575000 $2400000 $3,66000 $4,50000 $9150 00 $450000 $566 06 $0100 00 $046000 $47,500 00 $1440000 $450 00 $600 oo $216600 $84375 00 871 25 00 $412500 $10,50000 $51 68 00 $4,00000 $500000 $4,597 50 $477000 $0,00000 $0,00000 $1228500 $1500000 $4,00000 $50000 $50000 $50000 $44 80 00 $400000 $25000 $25000 $1,66000 $1,00000 $525000 $50000 $500000 $240000 $0,250 00 $450000 $2520 00 $440000 $445500 Does 00 $42000 820950 $105000 $175 00 Ss.ao LS LS LS LS LS LS LS LS $17500 $45000 $10 00 $4 00 $3 00 DO 50 $350 $7 00 $2 00 $2 00 $2 25 8320 DO 12 $1825 DI 35 8220 CALC CALC CALC $28 00 $98 00 CALC $14 00 855 00 $80000 $75000 $1,70000 $00000 $35000 $1,20000 8150000 $27 00 $3000 $5000 $24 00 $38 00 $225 $35000 829 00 $22000 $50000 $500 DO 50 8750 $2550 $14 00 $14 00 $1250 $2000 $1500 $16 00 830 15 $1856 $38 00 DO 41 82 33 82 35 83 87 DO 41 89 11 $3750 00 8350 00 817 00 817 00 813 00 821 55 867 00 819 92 $880 00 812 oo $250 00 824 00 8211 00 Ls $270 00 $80 es 80 so DO 26 DI 25 82 65 86 35 810 25 8113 00 853 75 826 75 $47,000 00 $11300 00 $1300 00 86500 oo $650 oo 86,526 00 86500 oo 8175 00 8450 00 $370 00 $1,120 00 $3780 oo 8735 00 $22,855 00 $90,300 00 $22,700 00 $04,000 00 $10 125 00 $56224 00 82 316 oo $306600 00 83,375 00 8781 00 $4,000 00 DI oo DI oo $11,760 00 DI oo $1 400 00 $130 oo $8,000 00 $0,000 00 $1300 00 $4200 oo 83600 oo $26,190 00 $22,800 00 82,760 00 $10640 00 8686 25 88345 oo $1,320 00 $1,000 00 82,700 00 $R505 oo $37,525 00 $12240 00 $420 00 8560 oo $1,750 00 $67,500 00 $4275 00 82,250 00 $23,517 00 82,529 60 $3040 oo 88200 oo $R141 45 $1386 50 $6966 oo 8246 oo $2,869 65 $1 400 00 $170 00 $170 00 $130 oo $4394 50 $2,680 00 8996 00 $880 00 83,264 00 $250 00 82,520 00 8422 00 $11,710 00 $1620 00 82 021 50 8832 00 $5,000 00 $10332 50 $1 651 00 8358 75 8339 00 8376 25 8187 25 ,EIS S0 LS LS LS LS LS LS LS LS 8155 oo 8515 00 812 40 eo DO 52 DO 95 82 05 86 10 82 20 85 20 83 24 DO 15 818 10 DI 75 83 55 CALC CALC CALC $30 00 $118 00 CALC 814 40 873 00 8700 oo $770 00 $1,470 00 $1625 00 $230 00 $2080 00 83400 00 $30 00 835 00 872 00 $41 oo 851 00 89 45 $750 00 828 eo $230 00 8185 00 84 30 87 20 87 20 $30 00 $10 30 vs 00 87 20 822 eo 817 40 818 75 831 00 818 50 828 50 82 35 82 40 83 50 DO 75 88 20 $5,000 00 8395 00 824 50 824 50 824 50 $47 00 869 00 $20 so $000 00 $10 30 8305 oo 825 50 8215 00 Ls 8275 00 883 00 DO 25 DO 27 DI 25 82 70 86 50 $10 50 8116 00 855 00 827 50 $71,000 00 $12500 00 $12500 00 8285 00 $7200 00 8500 00 $0,000 00 DI 640 00 8155 00 8515 00 $458 eo 8504 oo 8655 20 DI 396 50 $13386 50 $78690 00 $17,479 00 $37,400 00 $23,400 00 $56,926 80 $2020 00 $304,080 00 84,375 00 81 260 25 woo 00 DI oo DI oo $16200 00 DI oo $1,440 00 $146 oo $7000 00 $0,080 00 $5380 00 $3250 00 82760 oo $7740 00 $0,000 00 8291 00 00 $26,600 00 86,192 00 8w715 00 $14280 00 82882 25 $2250 00 88R04 00 $1,380 00 $370 00 $2,322 00 85688 00 $34200 00 $14,400 00 $309 oo 8760 oo $1,008 oo $76950 00 84,959 00 82343 75 $2,516 00 $2280 00 $6200 00 87202 75 $1,416 00 $6300 00 $450 00 82583 00 $17300 00 81 580 oo 8245 00 8245 00 8245 00 $8630 00 82760 oo 81 030 00 $000 00 $2 801 60 8305 oo $2,677 50 $430 00 $12300 00 DI 650 00 82375 00 8750 00 8864 00 85300 00 $10,935 00 DI sso 00 8367 50 8348 00 8385 00 8192 50 $1 100 81290 LS LS LS LS LS LS Ls Ls $306 oo $306 oo 87 14 88 16 82 55 DI 02 $3 134 86 55 $2 134 85 95 82 63 Do Is 818 39 DI 25 83 57 CALC CALC CALC 824 48 8117 30 CALC 825 50 851 00 8102 00 8765 00 $1,785 00 $1,989 00 8255 00 $2,346 00 $2,652 00 828 56 $33 66 881 60 842 04 847 94 83 06 82244 00 $40 eo 8178 50 8204 oo 87 14 87 13 87 13 827 54 810 20 812 24 87 14 820 15 815 30 815 30 830 so 818 36 $40 eo DO 46 82 35 82 39 83 52 DO 74 88 12 $5,842 56 8392 70 824 48 824 48 824 48 822 01 874 46 822 13 $897 60 810 20 8306 oo 816 32 8215 22 Ls 8275 40 882 48 DO 85 DO 27 DI 24 82 67 $10 44 8115 18 $54 81 827 27 $90,856 09 $14200 00 $32,640 00 $2,040 00 8204 oo $19380 00 $6120 00 $306 oo $306 oo $0204 eo $3,213 00 $1 499 40 $19,851 20 824,495 00 $231 54 00 $24,480 00 $26,775 00 $46209 10 $2,688 00 $308,952 00 831 25 00 $1,267 35 $4,000 00 DI oo DI oo $13219 20 $1Q076 00 DI oo $2,550 00 8102 00 $1,020 00 $3060 00 $7 140 00 $3978 00 $3060 00 $R038 00 $R956 00 $27,703 20 $25,581 60 $R017 60 $4,926 60 $13423 20 8933 30 $6732 00 $12444 00 $1 071 00 $408 00 83,855 60 85,632 70 $33,867 50 $13219 20 $306 oo $489 60 8999 so $68,006 25 $4,360 50 $1,912 50 $23,868 00 $2,496 96 83264 00 $9,200 00 $R2O2 75 $1,410 10 86336 00 $444 00 $2,557 80 $17027 68 $1,570 80 8244 eo 8244 eo 8244 eo $41 81 90 $2 978 40 8897 60 $2 774 40 8306 oo $1,713 60 8430 44 $11244 20 $1 652 40 $2,062 00 $2,550 00 8864 00 $4,000 00 $10,813 50 $1 674 40 8365 40 8345 54 8383 67 $100 es LS LS LS LS LS LS LS LS 8300 oo 8300 oo 87 00 88 00 82 50 DO 30 DI 50 86 00 82 00 82 50 83 75 84 00 DO 15 821 50 82 50 83 50 CALC CALC CALC 829 00 8125 00 CALC 825 00 854 00 $1,000 00 $1,000 00 $1,750 00 $1,950 00 8250 00 82,300 00 $2,600 oo 828 00 833 00 $80 00 $42 00 $47 oo 83 00 82,200 00 $40 00 8175 oo 8200 oo 87 00 89 00 88 50 833 50 816 00 818 00 812 75 825 00 $18 00 $18 00 837 00 vs 00 $40 00 80 40 83 00 82 50 DO 40 86 50 $4,000 00 8350 oo 818 00 818 00 813 00 821 00 812 oo 88 50 8400 oo $10 00 8700 oo vs 00 8295 00 Ls 8230 oo $80 00 DO 30 DO 20 DI 25 82 75 86 50 $10 00 895 00 $100 00 $40 00 $50,000 00 85,500 00 $2,000 oo $8,300 00 8500 oo $19,000 00 $6,000 oo 8300 oo 8300 oo 8259 00 $2,240 00 83,150 00 8441 oo 89,795 00 $77,400 00 $22,700 00 $42,500 00 $16,875 00 $70,280 00 82,520 00 $361,200 00 86,250 00 $1,242 50 $4,000 00 DI oo DI oo $15,660 00 $15,000 00 DI oo 82,500 00 $108 00 $10,000 00 $4,000 00 $7,000 oo $3,900 oo $3,000 oo $6,900 oo $0,800 oo $27,160 00 $25,080 00 $6,880 oo $4,830 00 $13,160 00 8915 00 $6,600 oo $12,200 00 $1,050 00 8400 oo 83,780 00 $7,110 00 $40,375 00 $16,080 00 8480 oo 8720 oo 824,375 00 85,130 00 82,250 00 $28,860 00 82,584 00 83,200 00 $8,000 oo 89,195 00 $1,475 00 87,200 00 8240 oo 82 347 50 $12,000 00 $1,400 00 $180 00 $180 00 $130 oo $3,990 oo 8480 oo 8425 00 8400 oo 82,720 00 8700 oo $1,680 00 $590 oo $1,380 00 $2,000 oo $000 00 8640 00 $5,000 oo $11,137 50 $1,690 00 8350 oo 8285 00 8700 oo 8280 oo Ls Ls Ls Ls Ls Ls Ls Ls $402 00 $402 00 811 22 86 41 DO 48 82 35 815 62 83 50 82 40 85 70 83 60 DO 12 819 00 82 00 CALC CALC CALC 826 40 8126 50 CALC 821 63 855 00 $1 421 61 $1,035 00 $1,828 98 $1 593 45 $441 06 $1,928 70 $2,466 12 833 54 841 45 $80 74 837 CH 863 44 82 79 $488 25 856 65 8207 75 8376 50 813 27 87 69 87 69 829 70 811 oo 813 20 87 70 821 73 816 50 816 50 833 00 819 80 838 50 DO 47 82 M 82 72 83 76 DO 79 88 20 $4,583 33 $000 00 822 00 822 00 822 00 $20 so 873 70 821 91 $440 00 89 24 8348 00 837 ee 8263 25 Ls 8297 00 888 97 DO 57 DO 29 82 ee 811 28 8124 30 859 24 829 54 $57,000 00 $17,600 00 86,902 50 8480 00 $8,800 oo 8480 oo $20,000 00 899 00 8402 oo 8402 oo 8415 14 $1,794 80 85,292 00 $705 so $15,345 50 $201,498 00 $39,725 00 $40,800 oo $25,650 00 $63,252 00 $2,016 00 $319,200 00 $5,000 oo $1,420 00 $4,000 oo DI oo DI oo $14,256 00 $15,180 00 DI oo $2,163 00 $110 00 $14,216 10 $4,140 00 87,315 92 83186 90 85,292 72 85,786 10 87,398 36 $32,533 80 $31,502 00 $6,040 64 84,259 60 $17,763 20 8850 95 81,464 75 $17,278 25 81,246 50 8753 00 87,165 eo 86,075 10 $36,527 50 $14,256 00 $330 oo 8528 00 $1,078 00 $73,338 75 $4,702 50 82,062 50 $25,740 00 82,692 eo $0,080 oo 89,400 00 $8,306 15 $1,604 80 86,768 00 8474 00 82,583 00 $13,749 99 $3,960 oo 8220 oo 8220 oo 8220 oo 83 971 00 $2,948 oo 81,095 50 8440 00 82,513 28 8348 00 83,977 40 8526 50 $12,881 00 81,782 00 82,224 25 $1,710 00 8928 00 85,360 00 $1,804 40 8394 eo 8372 90 8414 se 8206 78 Ls Ls Ls Ls Ls Ls Ls Ls 8375 00 8937 50 $10 00 87 64 86 58 DO 38 82 50 87 45 84 10 DI 45 86 00 82 79 820 40 DI 25 83 55 CALC CALC CALC 826 67 8127 78 CALC $40 00 855 56 $1,040 00 81,250 00 82,730 00 81,766 25 me 00 82,443 75 83,200 00 $42 00 $48 00 $so 00 $101 00 864 00 85 38 81,500 00 832 00 8185 00 8255 00 810 45 87 77 87 77 834 70 813 33 87 78 828 14 $20 11 $20 11 838 03 $20 00 $42 00 DO 67 82 73 DI oo 84 94 DI 23 89 10 86,200 00 8633 33 832 00 832 00 832 00 824 00 835 00 $20 00 8700 00 84 63 8875 00 88 75 8310 00 LS $350 00 $150 00 DO 58 DO 21 DI 33 83 06 86 94 810 56 $110 00 8112 00 $45 00 $88,125 00 $31,250 00 87 500 00 8625 00 $13,750 00 8500 00 $19,642 00 88,250 00 8375 00 8937 50 $370 00 82,139 20 88,290 eo 8558 60 $16,325 00 $96,105 00 $46,535 00 $24,650 00 $27,000 00 $49,020 30 82,688 oo $342,720 00 83,125 00 81,260 25 $4,000 oo DI oo DI oo $14,401 80 $15,333 60 DI oo $4,000 oo 8111 12 $10,400 00 $5,000 oo $10,920 00 83,532 50 89,600 00 87 331 25 $40,740 00 $36,480 00 87,740 00 $11,615 00 $17,920 00 81,640 90 84,500 00 89 760 00 81 IQ 00 8510 00 85 643 00 86,138 30 $36,907 50 $16,656 00 8333 30 8533 20 $1,080 20 $94,972 50 85 731 35 82 513 75 $29,663 40 82 720 00 83 360 00 $13,400 00 88,367 45 8590 00 88,892 00 8738 00 $2,800 50 $18,600 00 82,533 32 8320 00 8320 00 8320 00 84,560 00 81,400 00 $1,000 oo 8700 00 81 259 36 8875 00 8918 75 8620 00 $13,000 00 82,100 00 83,750 00 81,740 00 8672 00 85,320 00 $12,393 00 81,804 40 8369 60 $330 00 $704 oo 8315 00 LS LS LS LS LS LS LS LS 8300 oo $420 00 815 00 DI 25 DO 25 DI 85 vs 00 DI oo DI so 86 25 82 85 Do I 819 90 DI 30 83 75 CALC CALC CALC 826 00 8125 00 CALC 830 00 856 00 81 400 00 $1,500 00 $2,600 00 $2,300 00 8300 00 $2,500 00 $3,000 00 844 00 845 00 857 00 824 00 854 00 82 50 $1,000 00 856 00 8175 00 $400 00 815 00 87 70 87 70 838 00 811 00 813 00 87 40 825 00 vs 00 816 00 833 00 $20 oo $20 oo 80 45 82 60 82 60 80 45 $10 00 84 500 00 $750 oo vs 00 vs 00 814 65 826 00 828 00 821 00 $000 00 815 00 8700 oo 856 00 8235 00 LS 8300 00 891 00 DO 20 DO 30 DI 40 82 95 87 00 811 30 8125 00 $00 00 830 00 $45,000 00 $20,000 00 $16000 00 $3,500 00 $10000 00 $1,400 00 $2,500 00 $15000 00 8300 oo $420 00 8555 00 $1,120 00 $1,575 00 8367 50 $12,080 50 $245,100 00 $11,350 00 $27,200 00 $28,125 00 $50,074 50 $3,024 00 $334,320 00 $3,250 00 $1 331 25 $4,000 00 DI oo DI oo $14,040 00 $15,000 00 DI oo $3,000 00 8112 00 $14000 00 $6,000 00 $10 400 00 $4,600 00 $3,600 00 $7,500 00 $9,000 00 $42,680 00 834,200 00 $4,902 00 $2,760 00 $15,120 00 8762 50 $3,000 00 $17080 00 $1,050 00 $800 00 $8,100 00 $6,083 00 $36,575 00 $18,240 00 $330 oo 8520 oo $1,036 00 824,375 00 $4,560 00 $2,000 00 $25,740 00 $2,720 00 $1,600 00 $9,000 00 $7,969 00 81,534 00 $7,200 00 8270 00 $3,150 00 $13000 00 $3,000 00 $100 00 $100 00 8146 50 $4,940 00 $1,120 00 $1,050 00 $000 00 $4,080 00 8700 oo $5,880 oo $470 00 $13201 00 $1,800 00 $2,275 00 $000 00 $000 00 $5,600 00 $1,820 00 8395 50 8375 00 $420 00 8210 oo $1,300 ANTS Ls Ls Ls Ls Ls Ls Ls Ls $330 oo 8350 oo 88 00 89 00 DO 20 810 50 82 50 82 50 86 00 83 70 DO 25 $20 oo 82 00 83 50 CALC CALC CALC 828 00 8120 oo CALC 817 00 $800 00 $1,600 00 $1,700 00 $1,100 00 8250 00 $1,300 00 $1,600 00 839 00 856 00 875 00 $40 00 $45 oo 86 00 8300 oo 825 00 $140 oo $140 oo 811 oo $10 00 $10 00 835 00 813 00 815 00 811 oo 828 00 vs 00 vs 00 833 00 vs 00 $42 00 DO 50 83 00 83 00 83 50 DI oo 815 00 $6,000 oo $1,000 00 822 00 822 00 822 00 825 00 $70 oo 86 00 8425 00 814 00 8500 oo 834 00 8300 oo Ls 8325 00 $140 oo DO 50 DO 20 DI 30 82 00 87 00 $10 00 895 00 8105 oo $42 00 $125 000 00 $16,000 00 $30,000 00 81,200 00 $7,000 oo $1,000 oo 87,500 00 $5,000 oo $330 00 $350 00 8296 00 82,520 00 $5,040 oo 8294 00 $26,120 00 $135,450 00 $28,375 00 $42,500 00 $27,000 00 $65,009 00 84,200 00 $336,000 00 $5,000 oo 81,242 50 $4,000 oo DI oo DI oo $15120 00 $14,400 00 DI oo 81,700 00 $1,600 oo $10,000 00 86,400 00 86,800 00 82,200 00 $3,000 oo 83,900 00 84,800 00 $37,830 00 $42,560 00 86,450 00 84,945 00 $12,600 00 81,830 00 $000 00 87,625 00 $840 00 8280 00 85 940 00 $7,900 oo $47,500 00 $16,800 00 $390 00 $000 00 81,540 00 $94,500 00 85,415 00 82,375 00 $25,740 00 82 504 00 83,360 00 $10,000 00 89,195 00 81,770 00 86,300 00 $000 00 84,725 00 $18,000 00 $4,000 oo 8220 00 8220 00 8220 00 84,750 00 82,800 00 8300 00 $425 00 83,808 oo 8500 00 83 570 00 $000 00 $12,500 00 81,950 00 83,500 00 81,500 00 $640 00 85,200 00 $8,100 oo 81,820 00 $350 00 8285 00 8735 00 8294 00 $10,500 Molokai,on Error.88 -$0 10 ArlOng Total Error Contractor BM Amount$1,302,068 81 -$15,400 Mullollcaton ErTor B22 $616 Arldng Total Error Contractor BM Amount$1,384,946 50 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 5, 2011 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Greenacres Park Phase 1 Bid Award GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Final design approved by Council in June 2010 and funding was approved in July 2010. BACKGROUND: The Greenacres Park Phase 1 Project was advertised for bids beginning February 25, 2011. Bids were opened Thursday, March 17, 2011. Five bids were received with all five bids being significantly lower than the Landscape Architect's estimate. The low responsible bid was submitted by Bouten Construction Company. The Phase 1 cost estimate was $1,538,322.40 which included the base bid and five alternates. The low responsive bid submitted by Bouten Construction was $937,973.00 for the base bid and the five alternates. Staff recommends awarding a contract for the base bid and alternates 1-4. The alternates include: 1) Phase 2 installation of turf and irrigation; 2) add the sand and water play area; 3) add one Phase 2 small shelter; and 4) substitute concrete for asphalt on the perimeter path system. Construction items not included in the bid include: purchasing the restroom from a state contract for approximately $100,000, costs for completing street frontage improvements which include widening the streets and moving utility line for approximately $90,000 and our existing consultant contract for design and project management. The City will be using the standard AIA contract A101-2007 for this project. OPTIONS: 1) Award contract to Bouten Construction the low responsible bidder, or (2) reject all bids, or (3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to award the Greenacres Park Phase 1 project which includes the base bid and alternates 1-4 to Bouten Construction in the amount of $926,016.00 and authorize the City Manager to execute the contract. BUDGET/FINANCIAL IMPACTS: This project is funded with $500,000 from two state appropriations and the balance from the 2011 Parks Capital Budget. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: 1) Bid Tabulations 2) Contract Award Spokane _Valley Parks and Recreation Department 2426 N. Discovery Place Spokane Valley, WA 99216 509.688.0300 Fax: 509.688.0188 parksandrec @spokanevalley.org BID TABULATION -Greenacres Park -Phase 1 PROJECT# PR-0001, BID# 11-001 BID OPENING DATE -March 17, 2011, 10:00 a.m. Local Time Construction Estimate Bacon Concrete Bouten Construction Company M.J.Takisaki, Inc. Schimmels Construction T.W. Clark Construction LLC BASE BID $1,051,000.00 $705,400.00 $695,000.00 $735,229.00 $755,000.00 $760,233.00 SALES TAX $91,437.00 $61,369.80 $60,465.00 $63,965.00 $65,685.00 $64,795.00 ALTERNATE 1 $199,700.00 $89,550.00 $66,000.00 $95,033.00 $92,000.00 $86,584.00 SALES TAX $17,373.90 $7,790.85 $5,742.00 $8,268.00 $8,004.00 $7,533.00 ALTERNATE 2 $49,800.00 $24,600.00 $26,400.00 $22,665.00 $22,000.00 $22,166.00 SALES TAX $4,332.60 $2,140.20 $2,297.00 $1,972.00 $1,914.00 $1,929.00 ALTERNATE 3 $32,200.00 $28,500.00 $26,000.00 $19,919.00 $20,000.00 $20,493.00 SALES TAX $2,801.40 $2,479.50 $2,262.00 $1,733.00 $1,740.00 $1,783.00 ALTERNATE 4 $66,500.00 $34,600.00 $38,500.00 $35,008.00 $22,000.00 $47,225.00 SALES TAX $5,785.50 $3,010.20 $3,350.00 $3,046.00 $1,914.00 $4,109.00 ALTERNATE 5 $16,000.00 $14,500.00 $11,000.00 $12,932.00 $11,000.00 $11,141.00 SALES TAX $1,392.00 $1,261.50 $957.00 $1,125.00 $957.00 $969.00 TOTAL BID I $1,538,322.401 $975,202.051 $937,973.00 $1,000,895.00 $1,002,214.00 $1,028,960.00 Parks and Recreation Department 2426 N. Discovery Place • Spokane Valley, WA 99216 Spokane T 509.688.0300 • Fax: 509.688.0188 Talleyparksandrec @spokanevalley.org GREENACRES PARK PHASE 1 CONTRACT AWARD Base Bid $695,000.00 Sales Tax $60,465.00 Subtotal $755,465.00 Alternate 1 - Phase 2 turf and irrigation $66,000.00 Sales Tax $5,742.00 Subtotal $71,742.00 Alternate 2 - Add the sand and water play area $26,400.00 Sales Tax $2,297.00 Subtotal $28,697.00 Alternate 3 - One Phase 2 small shelter $26,000.00 Sales Tax $2,262.00 Subtotal $28,262.00 Alternate 4 - Substitute concrete for asphalt on perimeter path $38,500.00 Sales Tax $3,350.00 Subtotal $41,850.00 TOTAL BID $926,016.00 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 5, 2011 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. Report ❑ pending legislation AGENDA ITEM TITLE: Development Agreement with Hanson Industries GOVERNING LEGISLATION: None BACKGROUND: Hanson Industries is the owner/developer of certain real property generally located within an area bounded by Flora Road to the east; Interstate 90 to the south; the Spokane River and Indiana Ave to the north; and the intersection of Mirabeau Parkway and Indiana Avenue to the west. The properties are known as Hanson Center East, Hanson Center West, Market Pointe I and Market Pointe II. Hanson Properties has a significant number of vested traffic trips that will expire in March 2015. These trips were created through agreements between Hanson Industries and Spokane County prior to the City's incorporation and were the result of significant infrastructure investment by the developer. Due to the current economic downturn, several of the parcels associated with the vested trips remain undeveloped. In order to foster economic development, Hanson Industries desires to partner with the City on a new development agreement. The developer agrees to contribute cash and property for future improvement to the Sullivan and Indiana intersection. The initial improvements would be constructed as part of the 2011 Sullivan/Indiana resurfacing project. Additional property will be dedicated to the City for the anticipated 2015 Sullivan Road West Bridge Replacement project. The improvements to the intersection will mitigate traffic impacts by Hanson Industries, other businesses in the vicinity, and the general public. In exchange, Hanson Industries has requested that the expiration date of the trips be extended to March 2025, and that a number of new trips be vested for future use. RECOMMENDED ACTION OR MOTION: I move to approve the Development Agreement with Hanson Industries, Inc. and to authorize the City Manager or designee to execute the agreement. STAFF CONTACT: John Hohman, Development Services Senior Engineer, PE, CFM ATTACHMENTS: Proposed Hanson Development Agreement Hanson Agreement Exhibit A — Hanson properties map Hanson Agreement Exhibit B —Sullivan Road Dedication Hanson Agreement Exhibit C —Vested Traffic Trip Distribution DEVELOPMENT AGREEMENT Hanson Industries, Inc. This Development Agreement ("Agreement") is entered into by and between Hanson Industries, Inc. ("Developer"), a Washington corporation, having offices for the transaction of business at 15807 East Indiana, Spokane Valley, WA 99216, and the City of Spokane Valley ("City"), a municipal corporation of the State of Washington, hereinafter jointly referred to as "Parties": RECITALS 1. This Agreement is entered into by the Parties pursuant to RCW 36.70B.170-210 and RCW 82.02.020 to mitigate a direct impact identified as a consequence of the development of certain properties as described in Recital 2, below. 2. Developer is the owner/developer of certain real property generally located within an area bounded by Flora Road to the east; Interstate 90 (I-90) to the south; the Spokane River and Indiana Avenue to the north; and the intersection of Mirabeau Parkway and Indiana Avenue to the west shown on Exhibit A (herein collectively referred to as "Properties"). The individual Properties are commonly known as Hanson Center East, Hanson Center West, MarketPointe I and MarketPointe II. 3. Since 1997, and pursuant to the Agreements and Resolutions identified in Recital 4, below, Developer has performed the following transportation-related improvements or contributed financially to mitigate traffic impacts due to development of the Properties: • Dedicated right-of-way (ROW) for the widening and construction of Sullivan Road north of I-90 to the Spokane River Bridge; • Dedicated ROW and installed the loop ramps off I-90 Westbound at Sullivan Road and Westbound to I-90 behind Barnes & Noble Booksellers store. The dedicated ROW, east of Sullivan Road, was later used for the revised westbound Sullivan Loop ramp project to increase capacity for westbound traffic; • Dedicated ROW and widened Indiana Avenue between Sullivan Road and the westerly join line of the existing Indiana Avenue; • Dedicated ROW for construction of the new Indiana Avenue, which included additional land for the alignment of Mirabeau Parkway and Indiana Avenue; • Upgraded traffic signals and constructed an additional right turn lane from northbound Pines Road at the intersection of Pines Road and Indiana Avenue; • Contributed to the intersection of Sullivan Road and Indiana Avenue signals; • Constructed new Indiana Avenue between Sullivan Road and its easterly terminus (eastern boundary of Hanson Center East); Page 1 of 7 • Dedicated ROW and participated financially in the Evergreen Interchange improvements; and • Contributed $200,000 for the extension of Indiana Avenue to Flora Road. 4. The following Agreements and Resolutions gave Developer 4,186 vested P.M Peak Hour traffic trips for transportation concurrency purposes as required by RCW 36.70A.070 for a period of 15 years ending on March 9, 2015: • Spokane County Resolution No. 98-0829 dated October 18, 1998; • Satisfaction of Conditions Agreement dated November 19, 1998 ("Satisfaction Agreement"); • Addendum to First Agreement dated March 9, 2000 ("Addendum Agreement" — Authorized under Spokane County Resolution No. 99-1135; and, • Development Agreement dated March 9, 2000 ("Development Agreement") — Authorized under Spokane County Resolution No. 99-1135. The validity of these prior Agreements and Resolutions is acknowledged by the parties. 5. Due to the recent economic downturn and other factors Developer has 1,853 unused vested P.M. Peak Hour traffic trips that will expire on March 9, 2015. Further, several of the vested parcels remain undeveloped and a portion of the vested P.M. Peak Hour trips will expire before the full build-out of the properties. 6. Developer has requested that the expiration date of the banked traffic P.M. Peak Hour trips be extended to December 31, 2025 and that 361 additional traffic P.M. Peak Hour trips vest for concurrency purposes as allowed by RCW 36.70A.070 and Spokane Valley Municipal Code ("SVMC") Title 22.20. The Developer is vested with all P.M. Peak Hour trips for use for the Developer owned Properties for development actions. The Developer shall have the right to transfer such P.M. Peak Hour trips in its sole discretion for development actions within the Properties subject to the limitations described in Section 6 of this Agreement. 7. The Spokane Valley Comprehensive Plan (the "Comprehensive Plan") contemplates that the City will improve the intersection of Indiana Avenue and Sullivan Road through the Indiana/Sullivan Concrete Intersection project (hereinafter "the Sullivan Intersection Project") scheduled for 2011, and the Sullivan Road West Bridge Replacement project (hereinafter "the Sullivan Bridge Project"), which is currently scheduled to be completed by 2015. 8. The City has determined that modifications to the south portion of the Indiana Avenue and Sullivan Road intersection, to be done with the Sullivan Intersection Project, and the modifications to the north half of the intersection, to be done with the Sullivan Bridge Project, will mitigate traffic impacts from the Properties and others in the vicinity and allow for additional P.M. Peak Hour trips for concurrency purposes as required by RCW 36.70A.070 and SVMC Title 22.20. 9. Developer has agreed to contribute financially in the amount of $1,368 for the Sullivan Intersection Project and to dedicate up to 2,204 square feet of ROW on the northwest corner of the Sullivan Road/Indiana Avenue intersection for the future modification of the north half of this intersection. This future work is anticipated to be part of the Sullivan Bridge Project. Page 2 of 7 10. This Agreement is consistent with the Comprehensive Plan, the applicable development regulations and the 2011 adopted Council Goals. 11. This Agreement provides for the payment of a proportionate share of the improvements deemed necessary at the intersection of Sullivan Road and Indiana Avenue, which are a direct result of traffic impacts associated with the Properties. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: 1. Purpose. This Agreement is intended to amend and supplement the prior Agreements and resolutions set forth in Recital 4, above. All prior agreements not inconsistent with the terms of this Agreement shall remain in full force and effect. 2. Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020 and RCW 36.70B.170-210. The contribution offered is proportional to the traffic related impacts generated by the Development and mitigates a direct impact that has been identified as a consequence of the proposed development. In the event this mitigation Agreement is breached by the Developer, all of the City's obligations under this Agreement shall terminate. In the event this mitigation Agreement is determined by a court to be invalid, the City shall refund the unexpended portion of the contribution, and the City's obligations under this Agreement shall terminate, however; the Developer's rights regarding the vested P.M. Peak Hour trips for the Properties revert back to the Agreements, referenced in Recital 4, above. 3 Project. There are two projects associated with this agreement. The 2011 Sullivan Intersection Project will modify the south half of the Sullivan Road and Indiana Intersection to add turn and through capacity. The Sullivan Bridge Project will add turn and through lane capacity by modifying the north half of the intersection. The mitigation fee shall be based upon the construction costs for the Sullivan Intersection Project. 4. Contribution. The Developer shall in addition to amounts previously agreed to, pay $1,368. This contribution will be used in the Sullivan Intersection Project. The Developer also agrees to dedicate up to 2,204 square feet of additional right-of-way as measured from Sullivan Road westward at the northwest corner of the intersection (Parcels 45114.0205 and 45116.0213) shown on Exhibit B for construction of future improvements as part of the Sullivan Bridge Project 5. Payment The Developer agrees to pay all of the above-identified contribution at such time the City deems necessary. Payment shall be made within 30 days after receiving notice from the City. 6. Extension of time for banked P.M. Peak Hour trips — The Developer entered into a developer agreement on March 9, 2000 with Spokane County whereby Spokane County acknowledged the considerable infrastructure improvements, ROW donations, and cash Page 3 of 7 contributions by Developer, and contractually agreed that Developer shall have reserved for future concurrency purposes 4,186 P.M. Peak Hour trips for a period of 15 years, expiring March 9, 2015. The parties acknowledge that many of the P.M. Peak Hour trips identified in the March 9, 2000 developer agreement have already been used, and that as of the date of execution of this Agreement, 1,853 vested P.M Peak Hour trips remain. The Developer is vested with all the P.M. Peak Hour trips for use for the Developer owned Properties for development actions. The Developer shall have the right to transfer such P.M. Peak Hour trips in its sole discretion for development actions within the Properties subject to the trip distribution shown on Exhibit C. P.M. Peak Hour trips must be used in the designated east, west, and MarketPointe I/II areas and cannot be re-allocated without the developer performing a new traffic impact analysis with a scope that is appropriate for the circumstances. In the event that P.M. Peak Hour trips are not used for MarketPointe UII, the remaining P.M. Peak Hour trips for this area will revert 70 percent to the west area and 30 percent to the east area. In consideration for the additional monetary and ROW contributions set forth in Section 3, above, City agrees to extend the time under which those P.M. Peak Hour trips are available for concurrency purposes from March 9, 2015, to December 31, 2025 and allow an additional 361 vested P.M. Peak Hour traffic trips. Any development project on the Properties must fully utilize the trip bank, vested through this Agreement, before claiming any additional capacity. 7. Future Traffic Analysis and Development. The P.M. Peak Hour trips allocated to Developer shall be considered vested pipeline projects for any traffic analysis conducted for other development projects in the area. Additional intersection capacity beyond the vested P.M. Peak Hour trips shall be used on first-come, first-served basis by the general public. 8. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right-of-way acquisition, and construction of the Sullivan Intersection Project. Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right-of-way acquisition, and construction of the Sullivan Intersection Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 9. Reservation of Authority. Pursuant to RCW 36.70B.170 the City reserves the authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 10. Notice. All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either: (1)Delivered personally, (2) Sent by facsimile transmission with an additional copy mailed first class, or (3)Deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: Page 4 of 7 If to the City: City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Fax: (509) 921-1008 Attn: City Manager If to the Developer: Hanson Industries 15807 East Indiana Avenue Spokane Valley, WA 99216 Fax: (509) 922-5757 11. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 12. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 13. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 14. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 15. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 16. Authority. Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. Page 5 of 7 IN WITNESS WHEREOF, the Parties have executed this Agreement this day of , 2011. DEVELOPER: By: Its: President Name: Robert J. Boyle STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of 2011 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: Printed Name Page 6 of 7 CITY OF SPOKANE VALLEY: Mike Jackson, City Manager ATTEST: APPROVED AS TO FORM: Chris Bainbridge, City Clerk Office of the City Attorney Page 7 of 7 Mansfield Ave Mission Ave 0 n 0 m -o N Exhibit A - Hanson Properties W+E c C S Euclid Ave P\1e "n Euclid Ave a A n Indiana Ave Hanson Center West Mis SR 90wb a A n D 0 a 3 Cr) n Broadway Ave LEGEND SULLIVAN ROW DEDICATION PARCEL NUMBER EXHIBIT B 45114.0205 MARKET POINTE II, LLC � � I SEWER LINE EASEMENT I ��DOC NO 9405130077\ \ 1 SEC 11 25-44 � \ \ PARCEL NUMBER \\ 45116.0213 ��\' ° LOT "4" 15401 E. INDIANA \ MARKET POINT II, LLC \ \ ROW DEDICATION AREA S87°31'49"W� 10' UTILITY EASEMENT \ SEC 14-25-44 2,204 SQ.FT. ROW DEDICATION AREA SULLIVAN ROAD SEC 12-25-44 /ND/ANAgvEN0"/E SEC 13-25-44 Exhibit C Vested Traffic Trip Distribution Hanson Property Name Vested PM Peak Hour Trips Hanson Center East 1,255 Hanson Center West 846 Market Pointe VII 113 Total 2,214 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 5, 2011 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Appointment of Candidate to Council Position #3 GOVERNING LEGISLATION: Approved Voting Process to Appoint Interim Councilmember: 1. A City Council member may nominate an applicant to fill the vacancy. A second is required. If no second is received,that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Once the nominations are given, the Mayor will close the nominations and Council will proceed to vote. 2. Any vote to approve an applicant shall be by voice or raised hand in the affirmative or negative. 3. The vacancy can only be filled if a majority of the City Council present affirmatively votes for the applicant, i.e. if five City Council members are present, this would require at least three out of five City Council members voting for an applicant. If a candidate receives a majority of votes,that candidate is the Interim Councilmember. 4. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. In the possible case of a vote resulting in one applicant gaining the most votes (but not a majority of votes of all councilmembers), and a three- way tie of three other candidates, Council will proceed with a second vote. In a second round of consideration, the same process would be followed as before to determine if one applicant receives a majority of affirmative votes. If one of the three applicants still fails to receive a majority of affirmative, then the two applicants of the three who received the most affirmative votes would then be considered in a third round. In a third round of consideration, the same process would be followed as before to determine if one applicant receives a majority of affirmative votes. 5. In the event the City Council fails after three rounds to arrive at a majority vote for an applicant, then the City Manager shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned"heads"and the other person assigned"tails." D. Seating of New City Council Member: Once an applicant has either received a majority of votes or wins the coin flip, the City Clerk shall administer the oath of office, and the new councilmember will be officially seated as a City Council member. RECOMMENDED ACTION OR MOTION: 1. Nomination and second of candidate: "I nominate as the Interim Councilmember to Fill Council Position#3." 2. Motion, second and vote to close nominations. 3. Vote for candidate (by show of hands) 4. Clerk Administers Oath of Office to new Interim Councilmember 5. Councilmember takes position at the Dias. STAFF CONTACT: Mike Jackson/Cary Driskell ATTACHMENTS: DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of March 31, 2011; 11:10 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings #1 Mayor's State of the City Address/Community Forum Monday,April 11, 2011; 7:00 pm to 8:00 pm. Valley Fourth Memorial Church, 2303 S. Bowdish Road April 12,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 4] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. First Reading Proposed Ordinance dealing with livestock in mixed use—Christina Janssen (15 minutes) 3. First Reading Proposed Ordinance for 2011 Comp Plan Amendments—Mike Basinger (20 minutes) 4. Admin Report: Street Vacation STV 01-11 Procedure— Scott Kuhta (10 minutes) 5. Admin Report: Broadway Avenue Stormwater Drainage Project—Neil Kersten (15 minutes) [*estimated meeting: 65 minutes] #2 Mayor's State of the City Address/Community Forum Thursday,April 14, 2011; 7:00 pm to 8:00 pm, Greenacres Christian Church, 18010 E. Mission Avenue April 19,2011, Study Session Format,6:00 p.m. [due date Mon,April 11] 1. Advance Agenda—Mayor Towey (5 minutes) 2. Disaster Cost-Recovery(FEMA) —Gerry Bozarth, Spokane Emergency Management (20 minutes) 3. Airway Heights Plan Review Renewal—MaryKate McGee (15 minutes) 4. Railroad Quiet Zones—Neil Kersten (15 minutes) 5. Mission Trailhead—Neil Kersten (15 minutes) 6. Renewal of CTR Program—Morgan Koudelka (10 minutes) [estimated meeting: 80 minutes] #3 Mayor's State of the City Address/Community Forum Thursday,April 21, 2011; 7:00 pm to 8:00 pm, Seth Woodard Elementary School, 7401 E. Mission Ave. April 26,2011,Executive Session 5:00 p.m. To evaluate the qualifications of candidates for appointment to elective office, Council#5 Vacancy April 26,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 18] Proclamation:Public Service Recognition Week 1. Consent Agenda(claims,payroll,minutes, (5 minutes) 2. Second Reading Proposed Ordinance Livestock in Mixed Use—Christina Janssen (10 minutes) 3. Second Reading Proposed Ordinance for 2011 Comp Plan Amendments—Mike Basinger (10 minutes) 4. Motion Consideration: Airway Heights Plan Review Renewal—MaryKate McGee (10 minutes) 5. Motion Consideration: Setting Planning Commission Public Hearing for STV 01-11 —Micki Harnois (5 min) 6. Motion Consideration: Motions for May 10 Interviews of Applicants for Council Position#5 -Mayor(10 min) 7. Info Only: Dept Reports [*estimated meeting: 50 minutes] #4 (and final)Mayor's State of the City Address/Community Forum Thursday,April 28, 2011; 12:30 to 1:30 pm, CenterPlace Regional Event Center 2426 N. Discovery Place May 3,2011, Study Session Format,6:00 p.m. [due date Mon,April 25] 1. Draft 2012-2017 Six Year TIP— Steve Worley (20 minutes) 2. Investment Accounts—Ken Thompson (10 minutes) [*estimated meeting: 30 minutes] Draft Advance Agenda 3/31/2011 2:17:22 PM Page 1 of 3 May 10,2011,Formal Meeting Format,6:00 p.m. [due date Mon,May 2] Proclamation:Lilac City Wings Motorcycle Awareness Day 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Proposed Resolution Authorizing Investment Accounts—Ken Thompson (10 minutes) 3. Council Position#5 Interviews—Mayor and Council (90 minutes) [*estimated meeting: 105 minutes] May 17,2011,Executive Session 5:00 p.m. To evaluate the qualifications of candidates for appointment to elective office, Council #5 Vacancy May 17,2011, Study Session Format,6:00 p.m. [due date Mon,May 9] 1. Motion Consideration: Appt of Candidate to Council Position#5 —Mayor No public comment) (20 min) a. Nomination&2nd of candidate: vote. b. Clerk Administers Oath c.New Councilmember Takes Position at the Dias 2. Admin Report: Draft 2012-2017 Six Year TIP— Steve Worley (15 minutes) [*estimated meeting: 35 minutes] May 24,2011,Formal Meeting Format,6:00 p.m. [due date Mon,May 16] 1. PUBLIC HEARING: Draft 2012-2017 Six Year TIP— Steve Worley (15 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Admin Report: 2011 Budget Amendment—Ken Thompson (10 minutes) 4. Info Only: Dept Reports [*estimated meeting: 40 minutes] May 31,2011, Study Session Format,6:00 p.m. [due date Mon,May 23] 1. PUBLIC HEARING: 2011 Budget Amendment—Ken Thompson (10 minutes) 2. First Reading Proposed Ordinance Amending 2011 Budget—Ken Thompson (10 minutes) [*estimated meeting: 20 minutes] June 7,2011, Study Session Format,6:00 p.m. [due date Mon,May 30] June 14,2011,Formal Meeting Format,6:00 p.m. [due date Mon,June 6] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending 2011 Budget—Ken Thompson (10 minutes) 3. Proposed Resolution Adopting 2012-2017 Six Year TIP— Steve Worley (15 minutes) [*estimated meeting: 30 minutes] June 21, 2011, Possible no Meeting, (AWC Conference, Spokane, Wa.) June 28,2011,Formal Meeting Format,6:00 p.m. [due date Mon,June 20] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Info Only: Dept Reports [*estimated meeting: minutes] July 5,2011, Study Session Format,6:00 p.m. [due date Mon,June 27] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Alternative Analysis (contracts) Joint Meetings: Planning Commission; BOCC Bidding Contracts (SVMC 3. —bidding exceptions) Liberty Lake City Sign Budget 2012 (August/Sept 2011) Lodging Tax Funding for 2012 (Oct 2011) Capital Projects Funding Milwaukee Right-of-way CDBG(Fall 2011) Monument(Veterans') Sign Centennial Trail Agreement Outside Agencies 2012 (August 2011) Clean Air Agency Parking/Paving Options (for driveways, etc.) East Gateway Monument Structure# Pavement Management Program Update Flashing Beacons PEG Funds: Allocation of P&E Funding Governance Manual (resolution) Update Permit Tracking System Draft Advance Agenda 3/31/2011 2:17:22 PM Page 2 of 3 Reimbursement Assessment Amendment Solid Waste Amended Interlocal Retreat, Summer 2011 Speed Limits Shoreline Master Program, Chapter 1 Sprague Appleway Corridor Environ.Assessment Sidewalks Sprague Avenue: One-way vs.two-way Signage (I-90) WIRA,Water Protection Commitment, Public Site Selector Update Education # =Awaiting action by others * = doesn't include time for public or council comments Draft Advance Agenda 3/31/2011 2:17:22 PM Page 3 of 3