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2019.01.07 Council Meeting Packet
Regular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. January 7, 2019 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 10 (a) Approval of Minutes To approve the minutes of the Pasco City Council Regular Meeting dated December 3, 2018 and Special Meeting dated December 21, 2018. 11 - 13 (b) Bills and Communications To approve claims in the total amount of $9,544,337.22($4,253,303.83 in Check Nos. 226126-226720; $652,783.74 in Electronic Transfer Nos. 822840-822897, 822900, 822902-822973, 822978, 822983-823073, 823098- 823111; $46,124.01 in Check Nos. 52346-52383; $2,040,316.83 in Electronic Transfer Nos. 30128270-30129285; $2,551,808.81 in Electronic Transfer Nos. 540-552). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $308,451.34 and, of that amount, authorize $187,034.89 to be turned over for collection. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or Page 1 of 199 Regular Meeting January 7, 2019 for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 14 - 15 (b) General Fund Operating Statement 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 16 - 153 (a) Federal Communication Commission 5G Preemption MOTION 1: I move to adopt Ordinance No. 4412, creating PMC 3.07.105 “Franchise/Permit Fees and Rates,” Setting the Application Fees for Franchises, Small Cell Permits, Right-of-Way Use Permits, Make-Ready Fees, Annual Right-of-Way Occupancy Rates, and Annual Attachment Rates," and further authorization publication by summary only. MOTION 2: I move to adopt Ordinance No. 4413, enacting PMC Section 15.10.025 “Supplemental Definitions” Applicable to Small Cell Towers and Micro Tower Deployment, " and further, authorize publication by summary only. MOTION 3: I move to adopt Ordinance No. 4414, amending PMC Chapter 15.40 “Franchises”; Amending PMC 15.60 “Appeal of City Determination”; and Amending PMC 15.10.050 “Determination by City," and further, authorize publication by summary only. MOTION 4: I move to adopt Ordinance No. 4415, creating PMC Chapter 15.100 “Small Cell Tower Deployment Within the Public Right-of-Way,” and further, authorize publication by summary only. MOTION 5: I move to adopt Ordinance No. 4416, creating PMC Chapter 15.110 “Small Cell Tower Deployment Outside the Public Right-of-Way,” and further, authorize publication by summary only. Page 2 of 199 Regular Meeting January 7, 2019 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 154 (a) *Ex-officio Board Member-Regional Chamber of Commerce Discussion and appointment of City representative 155 - 196 (b) *Sale of City Properties on Lewis Street and Commercial Ave. MOTION: I move to approve Resolution No. 3882, approving the sale of certain real property on Lewis Street. MOTION: I move to approve Resolution No. 3883, approving the sale of certain real property on Commercial Ave. 197 - 199 (c) *Bid Award - City Hall Remodel Phase 2 MOTION: I move to award the City Hall Remodel Phase 2 Project to Booth & Sons Construction Inc., in the amount of $1,170,000 and, further, authorize the City Manager to execute the contract documents. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: 1. Thursday, January 10, 7:00 a.m., BFCG Tri -Mats Policy Advisory Committee Meeting – Ben Franklin Transit Building, 1000 Columbia Park Trail, Richland (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER PETE SERRANO, Alt.). 2. Thursday, January 10, 7:00 p.m., Ben Franklin Transit Board Meeting – 1000 Columbia Park Trail, Richland (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER RUBEN ALVARADO, Alt.). Page 3 of 199 Regular Meeting January 7, 2019 This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability. (Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad.) Page 4 of 199 AGENDA REPORT FOR: City Council December 18, 2018 TO: Dave Zabell, City Manager Regular Meeting: 1/7/19 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 12.03.18 and 12.21.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: To approve the minutes of the Pasco City Council Regular Meeting dated December 3, 2018 and Special Meeting dated December 21, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 199 REGULAR MEETING MINUTES PASCO CITY COUNCIL DECEMBER 3, 2018 1 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Pete Serrano, and Matt Watkins. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Steve Worley, Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Zach Ratkai, Administrative & Community Services Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the minutes of the Pasco City Council Regular Meeting dated November 19, 2018. Bills and Communications To approve claims in the total amount of $3,371,785.41 ($2,497,727.92 in Check Nos. 225805-226125; $130,518.43 in Electronic Transfer Nos. 822521-822546, 822549-822601, 822604-822622, 822636-822714, 822719-822806, 822808- 822827, 822831-822837, 822898; $17,891.35 in Check Nos. 52330-52345; $725,647.71 in Electronic Transfer Nos. 30127766-30128269). Downtown Pasco Development Authority Funding Agreement To approve an extension of the 2017/2018 DPDA Funding Agreement through June 30, 2019. Final Project Acceptance - Road 84 Safe Walking Route Connection To approve Resolution No. 3877 accepting the work performed by Moreno and Nelson Construction, Corp. for the Road 84 Safe Walking Route Connection project. Final Project Acceptance - Rowena Chess School Crossing To approve Resolution No. 3878 accepting the work performed by Allstar Construction Group for the Rowena Chess School Crossing project. Visit Tri Cities Regional Sports Facility Feasibility Study To approve Resolution No. 3879, authorizing the City Manager to execute a Cost Sharing Agreement with Visit Tri-Cities and the Cities of Kennewick and Richland for the development of a regional sports facility feasibility study. Page 6 of 199 REGULAR MEETING MINUTES PASCO CITY COUNCIL DECEMBER 3, 2018 2 Purchase of Lighting and Seating Replacements/upgrades for GESA Stadium To authorize the purchase and installation of new fixed seating for GESA Stadium, per quotation of 11/21/18 from Nor-Pac Seating (under KCDA (King County Directors Assoc.) contract 17-373) in the amount of $345,714, plus applicable sales tax. To authorize the purchase and installation of new LED lighting for GESA Stadium, per quotation of 11/30/18 from Musco Sports Lighting, LLC (under Sourcewell contract) in the amount of $422,000, plus applicable sales tax. December Council Meeting Cancellations To cancel the following Council Meetings: December 10 and December 24 Workshop Meetings, and December 17 Regular Meeting. MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Ms. Barajas seconded. Approved by unanimous Roll Call Vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers • Mr. Milne attended the TRIDEC Board Meeting last Thursday regarding the Rivershore Reconveyance. They are getting more tribes involved with the reconveyance matter. On Saturday, he attended the Pasco Winterfest. • Mr. Maloney met with area legislators last Thursday. He also attended Winterfest and had a wonderful time. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2018 Supplemental Operating and Capital Budget Mayor Watkins declared the Public Hearing open to consider the supplemental budgets. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION: Mr. Maloney moved to adopt Ordinance No. 4404 amending the 2018 Annual Operating Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to adopt Ordinance No. 4405 amending the 2018 Annual Capital Budget of the City of Pasco by providing supplement thereto; and, further, authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. 2019 Operating & Capital Projects Budget Ordinances - Second Reading Council and staff discussed the proposed budgets. Page 7 of 199 REGULAR MEETING MINUTES PASCO CITY COUNCIL DECEMBER 3, 2018 3 Mayor Watkins declared the Public Hearing open to consider the proposed budgets. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION: Mr. Maloney moved for the second reading and adoption of Ordinance No. 4401 for consideration of the City of Pasco Biennial Operating Budget for 2019-2020 (Option B) and, further, authorize publication by summary only. Mr. Milne seconded. Motion carried unanimously. MOTION: Mr. Maloney moved for the second reading and adoption of Ordinance No. 4402 for consideration of the City of Pasco Biennial Capital Projects Budget for the Year 2019-2020 and, further, authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Special Permit: Location of a Community Service Facility, Level Two in a CR Zoning District (MF# SP 2018-010) MOTION: Mr. Maloney moved to approve Resolution No. 3881, granting a special permit for the location of a Community Service Facility, Level Two at 3221 W. Court Street. Ms. Barajas seconded. Motion carried unanimously. Proposed/Budgeted Utility Rate Adjustments (Ambulance, Sewer, and Water) Council and staff discussed the proposed rate adjustments. MOTION: Mr. Maloney moved to adopt Ordinance No. 4406 amending Pasco Municipal Code Sections 3.07.010 (Ambulance Utility) (Option B), 3.07.160 (Water Utility), and 3.07.170 (Sewer Utility) and, further, authorize publication by summary only. Mr. Serrano seconded. Motion carried unanimously. Basin Disposal Inc. - Proposed 2019 Rate Increase; Review by Council Committee Council and staff discussed the proposed rate adjustments. MOTION: Mr. Maloney moved to approve the report of the Committee on Solid Waste rates and the 2019 Basin Disposal Service rates as proposed. Mr. Serrano seconded. Motion carried unanimously. Amendments to Municipal Code - Title 3, Entitled "Revenue and Finance" MOTION: Mr. Maloney moved to adopt Ordinance No. 4407 amending sections 3.93 and 3.127 and creating chapter 3.128 of the Pasco Municipal Code and, further, authorize publication by summary only. Ms. Barajas seconded. Motion carried unanimously. Inter-fund loan to the Ambulance Fund Council and staff discussed the proposed loan. Page 8 of 199 REGULAR MEETING MINUTES PASCO CITY COUNCIL DECEMBER 3, 2018 4 MOTION: Mr. Maloney moved to approve Resolution No. 3880 (Option B) authorizing an inter-fund loan to the Ambulance Fund. Mr. Serrano seconded. Motion carried unanimously. Non-Represented Wage and Salary Plans Council and staff discussed the proposed plans. MOTION: Mr. Maloney moved to adopt Ordinance No. 4408, providing for certain adjustments in the non-represented, non-management wage plan beginning January 1, 2019 and, further, authorize publication by summary only. Mr. Serrano seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to adopt Ordinance No. 4409, providing for certain adjustments in the management salary plan beginning January 1, 2019 and, further, authorize publication by summary only. Mr. Serrano seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell made the following comments: • Flags will be lowered for 30 days for the passing of President George H. W. Bush. • Winterfest had a lot of attendance this year. • Chief Metzger will be retiring April 2019. • Overview of City Council's first year. Chief Metzger made remarks on his upcoming retirement. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:08 p.m. for approximately ten minutes to establish sales price or lease amount of real estate with the City Manager, Deputy City Manager and City Attorney. Mayor Watkins called the meeting back to order at 8:18 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:18 p.m. PASSED AND APPROVED this 7th day of January 2019. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 9 of 199 SPECIAL MEETING MINUTES PASCO CITY COUNCIL DECEMBER 21, 2018 CALL TO ORDER: The meeting was called to order at 2:00 p.m. by Craig Maloney, Mayor Pro-Tem. ROLL CALL: Councilmembers present: Ruben Alvarado, Craig Maloney, Saul Martinez, David Milne and Pete Serrano. Excused: Blanche Barajas and Matt Watkins. Staff present: Dave Zabell, City Manager; Zach Ratkai, Administrative & Community Services Director and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 2018 Budget Supplement MOTION: Mr. Martinez moved to adopt Ordinance No. 4410 and 4411 amending the 2018 Annual Operating Budget and the 2018 Capital Projects Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. Mr. Milne seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 2:05 p.m. PASSED AND APPROVED this 3rd day of January 2019. APPROVED: ATTEST: Craig Maloney, Mayor Pro-Tem Daniela Erickson, City Clerk Page 10 of 199 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Regular Meeting: 1/7/19 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 01.07.19 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $9,544,337.22($4,253,303.83 in Check Nos. 226126-226720; $652,783.74 in Electronic Transfer Nos. 822840-822897, 822900, 822902-822973, 822978, 822983-823073, 823098-823111; $46,124.01 in Check Nos. 52346-52383; 30128270Nos. Transfer in $2,040,316.83 Electronic -30129285; $2,551,808.81 in Electronic Transfer Nos. 540-552). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $308,451.34 and, of that amount, authorize $187,034.89 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 11 of 199 REPORTING PERIOD: January 7, 2019 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 226126-226720 52346-52383 Total Check Amount $4,253,303.83 $46,124.01 Total Checks 4,299,427.84$ Electronic Transfer Numbers 822840-822897 30128270-30129285 540-552 822900 822902-822973 822978 822983-823073 823098-823111 Total EFT Amount $652,783.74 $2,040,316.83 $2,551,808.81 $0.00 Total EFTs 5,244,909.38$ Grand Total 9,544,337.22$ Councilmember 2,437,039.72 38,068.67 0.00 0.00 44,482.15 1,000.00 5,760.98 57,124.95 12,250.19 20,562.98 68,053.12 2,158.23 14,583.72 318.26 31,853.76 810.23 21,756.80 0.00 0.00 9,275.90 11,329.17 1,251,014.67 2,770,872.86 63,771.70 17,453.37 8,827.50 0.00 51,579.46 0.00 6,665.07 2,597,723.76 GRAND TOTAL ALL FUNDS:9,544,337.2$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 7th day of January, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET The City Council November 29 - January 2, 2019 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 12 of 199 BAD DEBT WRITE-OFF/COLLECTION November 1 – November 30, 2018 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 32.00 149.55 181.55 Ambulance $ 121,384.45 7,086.34 128,470.79 Court A/R $ .00 173,334.00 173,334.00 Code Enforcement $ .00 6,260.00 6,260.00 Cemetery $ .00 .00 .00 General $ .00 205.00 205.00 Miscellaneous $ .00 .00 .00 TOTAL: $ 121,416.45 187,034.89 308,451.34 Page 13 of 199 GENERAL FUND Labor Elapsed Time 91%Year to Date: November, 2018 Non Labor Elapsed Time 92%REVENUE SOURCES2017 Budget2017 YTD Actual% of Annual Budget 2018 Budget2018 YTD Actual% of Annual Budget Variance CommentsTAXES: PROPERTY 7,825,655 7,711,261 99% 8,182,758 8,117,927 99% SALES 12,300,000 11,962,819 97% 12,675,000 12,937,654 102% Higher than expected activity. PUBLIC SAFETY 1,400,000 1,376,149 98% 1,488,740 1,518,291 102% Higher than expected activity. UTILITY 9,267,000 8,644,401 93% 9,498,808 8,810,427 93% OTHER 1,204,000 1,144,060 95% 1,215,170 1,223,463 101% Higher than expected activity in gambling tax.LICENSES & PERMITS 1,921,964 2,094,099 109% 2,054,200 2,492,322 121% Higher than expected activity in business license and building permits.INTERGOV'T REVENUE 2,118,837 1,882,632 89% 2,317,438 2,066,522 89%CHARGES FOR SERVICES 6,523,156 6,344,439 97% 7,093,604 6,850,801 97%FINES & FORFEITS 872,100 743,064 85% 853,100 876,559 103% Higher than expected activity.MISC. REVENUE 498,760 545,908 109% 528,800 1,484,360 281% Sale of City property.DEBT AND TRANSFERS IN 593,000 621,924 105% 227,600 361,047 159% Unexpected activity related to insurance recovery.TOTAL 44,524,472 43,070,756 97% 46,135,218 46,739,373 101%EXPENDITURES2017 Budget2017 YTD Actual% of Annual Budget 2018 Budget2018 YTD Actual% of Annual Budget Variance CommentsCITY COUNCIL 111,975 97,955 87% 124,511 111,902 90%MUNICIPAL COURT 1,763,123 1,280,122 73% 1,464,406 1,340,269 92% 2017 cost was lower due to vacant positions.CITY MANAGER 1,593,838 1,533,374 96% 2,064,519 1,436,454 70%Final invoices for SECOMM transition pending. Expected to be within budget.POLICE 15,483,731 14,069,391 91% 16,544,349 14,329,744 87%Invoices for services not received yet. Expected to be higher than budgeted due to overtime activity.FIRE 7,055,942 6,698,647 95% 6,859,386 6,838,503 100% Expected to be higher than budgeted due to overtime activity. Anticipating some reimbursement for Fire Services during fire season.ADMIN & COMMUNITY SVCS 6,801,261 6,684,103 98% 7,533,004 6,836,076 91%COMMUNITY DEVELOPMENT 1,592,376 1,521,679 96% 1,728,603 1,698,856 98%Expected to be higher than budgeted due to comprehensive plan activity.FINANCE 2,019,332 1,867,117 92% 2,231,311 1,973,370 88%ENGINEERING 1,798,269 1,531,577 85% 1,801,529 1,383,864 77% Expected to be lower than budgeted due to vacant positions.LIBRARY 1,330,220 1,330,825 100% 1,377,958 1,259,481 91%NON-DEPARTMENTAL 2,219,313 1,745,171 79% 2,673,513 2,281,723 85%DEBT AND TRANSFERS OUT 2,747,400 2,291,469 83% 1,941,700 888,044 46% Timing of debt service payments. Expected to be within budget.TOTAL 44,516,780 40,651,430 91% 46,344,789 40,378,286 87%2017 20182017 2018 Page 14 of 199 GENERAL FUND END FUND BALANCE HISTORY: GENERAL FUND REVENUES OVER/UNDER EXPENDITURES: YTD revenue exceeds expenditures by $6,361,087, compared to revenue exceeding expenditure by $2,419,326 during the same period in 2017. The difference between the two years can be attributed to higher than anticipated increase in sales, permits, fees, and sale of City property, as well as costs related to SECOMM not yet expensed. Costs related to vacation cash-outs, holiday pay, end-of-year purchases held off as a contingency, and final SECOMM invoices will increase the expenses in December. Accounting for all anticipated adjustments and exempting the proceeds from sale of City property, the 2018 year-end projection is for revenues to exceed expenditures by approximately $1,300,000. This revenue surplus is primarily due to one-time construction sales tax that, historically, makes up 15% of the City's total sales tax and an increase in business license revenues. Due to the growth in new homes within the City limits, construction sales tax has been enjoying robust growth. However, construction sales tax is elastic in its nature, and very dependent on market forces and availability of land on which to build homes. Available land within the City is rapidly reducing with development. Furthermore, national and regional economics also heavily impact construction sales tax. The impact of national economics would still depend on other factors; for example, the last great recession did not severely impact the City. Moreover, that period was one of astronomical growth for the City of Pasco. The City is expected to maintain its current level of growth in building permits and construction for approximately the next two years; however, further growth/decline in this area will be highly dependent on the future urban growth boundary, annexation of undeveloped land, market forces and the economy in general. For the past several years, as is standard practice for cities with a surplus of construction sales tax related to high growth, the City has engaged in a strategy of saving these surpluses as fund balance as cushion against an inevitable downturn in such revenue. Similarly, the City changed its business license fee structure to be compatible with the State's platform. Due to the increase in the number of business enrolled through the new platform, and the changed fee structure, the revenue in this area has increased by $250,000. As discussed with Council during the rate setting process, at the time the City didn't have a reliable data set available to predict business license revenue with the new fee structure. Council asked Staff to comeback once a reliable data set is acquired; which Staff expects will be available by the end of 2019. All revenues over expenditures will be included in the fund balance (restricted and unrestricted) for future use and to maintain the recommended 16% operating reserve.$0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2018 CUMULATIVE GENERAL FUND REVENUE & EXPENDITURES2018 Cumulative Revenue2018 Cumulative Expenditures4‐Yr Average Rev4‐Yr Average ExpPage 15 of 199 AGENDA REPORT FOR: City Council January 4, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/7/19 FROM: Rick White, Director Community & Economic Development SUBJECT: Federal Communication Commission 5G Preemption I. REFERENCE(S): National Association of Telecommunication Officers and Advisors Summary Information Sheet Proposed Ordinance creating PMC 3.07.105 “Franchise/Permit Fees and Rates,” Setting the Application Fees for Franchises, Small Cell Permits, Right-of-Way Use Permits, Make-Ready Fees, Annual Right-of-Way Occupancy Rates, and Annual Attachment Rates" Proposed Ordinance enacting PMC Section 15.10.025 “Supplemental Definitions” Applicable to Small Cell Towers and Micro Tower Deployment" Proposed Ordinance amending PMC Chapter 15.40 “Franchises”; Amending PMC 15.60 “Appeal of City Determination”; and Amending PMC 15.10.050 “Determination by City" Proposed Ordinance creating PMC Chapter 15.100 “Small Cell Tower Deployment Within the Public Right-of-Way” Proposed Ordinance creating PMC Chapter 15.110 “Small Cell Tower Deployment Outside the Public Right-of-Way” II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION 1: 3.07.105 I move to adopt Ordinance No._____, creating PMC “Franchise/Permit Fees and Rates,” Setting the Application Fees for Franchises, Small Cell Permits, Right-of-Way Use Permits, Make-Ready Fees, Annual Right-of-Way Occupancy Rates, and Annual Attachment Rates," and further authorization publication by summary only. MOTION 2: I move to adopt Ordinance No. _____, enacting PMC Section 15.10.025 Page 16 of 199 “Supplemental Definitions” Applicable to Small Cell Towers and Micro Tower Deployment, " and further, authorize publication by summary only. MOTION 3: I move to adopt Ordinance No. _____, amending PMC Chapter 15.40 “Franchises”; Amending PMC 15.60 “Appeal of City Determination”; and Amending PMC publicfurther, and authorize by “Determination 15.10.050 City," by ation summary only. MOTION 4: I move to adopt Ordinance No._____, creating PMC Chapter 15.100 “Small Public Rightthe Deployment Tower Cell Within -of-further, Way,” and authorize publication by summary only. MOTION 5: I move to adopt Ordinance No. _____, creating PMC Chapter 15.110 “Small Cell Tower Deployment Outside the Public Right-of-Way,” and further, authorize publication by summary only. III. FISCAL IMPACT: Unknown at this time IV. HISTORY AND FACTS BRIEF: The Federal Communications Commission (FCC) adopted a declaratory ruling and order on September 27, 2018 that dramatically preempts local authority on the siting of cellular wireless technology in public rights of ways with an effective date of January 14, 2019. In summary the new rule will: • Create new definitions for small wireless facilities (SWF) and related terms, establish time frames and responsibilities for determination of a "complete" application and shorten the time cities have to process applications for SWF to either 60 or 90 days, depending on whether they are being mounted on an existing or new structure; • Limits "use" fees for SWF to $270 per facility per year for recurring fees within rights of ways; limits non-recurring fees (5 additional SWF maximum) up to $500 per site including $100 per each additional SWF and establishes a limit of up to $1,000 for non-recurring fees for a new pole to support a SWF; • Prohibits cities from assessing fees that include anything other than a “reasonable approximation” of “reasonable costs” directly related to maintaining the rights-of-way and the small cell facility; and • Limits aesthetic review and requirements (including undergrounding and historic/environmental requirements) to those that are "reasonable" and comparable to requirements for other rights-of-way users, and published in advance. Following the FCC's ruling, on October 31, 2018 a Motion To Stay the FCC Rule on Page 17 of 199 wireless cellular technology was filed by a multitude of municipalities (including several in Washington State), organizations and agencies from across the nation. The Motion was denied by the FCC on a 3-1 vote on December 21, 2018 and it is anticipated to be heard on appeal in the federal court system in 2019. In the meantime the FCC ruling is law. As Council is aware through prior discussion, staff has been working with private providers of 5G service and 5G equipment and facilities in an effort to develop a template and permitting model which would allow for the rapid installation of 5G facilities within the rights of way provided a design and location template was followed. The goal of these efforts was to provide the Council options for a framework that would assure such technology is easily implemented, readily available to the public as the market comes forward, while at the same time providing for standards and regulations intended to minimize the disruption to the public rights-of-way and aesthetic, fiscal and safety impacts to the public. While much information was gathered through those efforts, which to the extent now possible in light of the FCC's actions, are reflected in the substance of the subject ordinances. Unfortunately the FCC's recent ruling renders much of the recent effort moot and leaves the City in the position of needing to immediately adopting standards or risk full preemption in favor of the telecommunication industry interests over those of the public. The Pasco Municipal Code currently does not reflect the provisions of the FCC ruling and order and must be revised to provide, to the extent possible under the current conditions, assurance that the public's interest will be fairly served and protected as a result of the FCC Ruling. V. DISCUSSION: The FCC has stated that in order to keep the U.S. competitive and ensure a broad rollout of 5G services, cities must allow providers to quickly obtain permits at a low cost. As noted above, the FCC Ruling is opposed in various degrees by many local governments and agencies and the National League of Cities. The core of this issue before Council is that effective on January 14th, 2019 - the preemption is effective. There is no provision for any type of moratorium regarding this federal preemption. Local agencies must have regulations on the books, prior to January 14th, 2019 to address applications for installation of 5G equipment in the public rights of way or any such applications for use of the public rights of way shall be considered approved per the FCC's actions. Currently staff is unaware of pending or immediate interest in use of the public rights of way for 5G installation - but to protect the interests of the community, staff has prepared a set of "emergency" ordinances that protect the City and the public's interest Page 18 of 199 in use of the public rights of way in conformance with the parameters of the FCC rules. The proposed ordinances closely model the FCC guidelines and should be considered a "stop gap" measure to address the January 14th deadline. These Ordinances are a work in progress and it is staff's intent to further refine the regulations they create for future consideration by the Council once the immediate concern with the January 14th deadline is resolved. The set of proposed Ordinances: • Create a new Section (15.10.025) to the PMC regarding supplemental definitions for use with SWF and wireless technologies; • Create a new Section (15.100) regarding use of the public right of way for wireless technologies; • Create a new Section (15.110) regarding wireless technology deployment outside the public right of way; • Amend Sections 15.10.050; 15.15.40 and 15.60 regarding management and regulation of rights of ways and Franchises; and • Create a new Section (3.07.105) adjusting fees for applicable SWF. Due to the effective date of the preemption of January 14th, 2019, staff requests Council's approval of the proposed Ordinances. Page 19 of 199 THE FCC’S DECLARATORY RULING AND THIRD REPORT AND ORDER ON BROADBAND INFRASTRUCTURE DEPLOYMENT: PREEMPTION OF LOCAL AUTHORITY OVER SMALL WIRELESS DEPLOYMENTS On September 27, 2018, the FCC released a Declaratory Ruling and Third Report and Order that significantly limits state and local management of small wireless infrastructure deployment and associated fees for use of the rights of way and public property in the rights of way. The Ruling and Order will take effect 90 days after notice is published in the Federal Register. The Ruling and Order: • Caps all fees related to small wireless facilities (SWF) at “a reasonable approximation of the state or local governments’ actual and reasonable costs.” o Caps apply to application/review or similar fees for SWF inside and outside the rights of way; right of way use fees; and fees for use of municipal property in the rights of way. o The following fees are presumed to meet the standard: Non-Recurring Fees: $500, including a single up-front application that includes up to five SWF, with an additional $100 for each SWF beyond five, or $1,000 for non-recurring fees for a new pole to support SWF. Recurring Fees: $270 per SWF per year for all recurring fees, including any ROW access fee or fee for attachment to municipally-owned structures in the ROW. o Local governments can charge higher fees than those set forth above if they can show the fees are: A reasonable approximation of costs; Those costs themselves are reasonable; and They are non-discriminatory. • Preempts aesthetics requirements for SWF unless they are (1) reasonable; (2) no more burdensome than those applied to other types of infrastructure deployments; (3) objective; and (4) published in advance. o Under this standard, requirements that all wireless facilities be deployed underground are preempted, as is any undergrounding requirement that “materially inhibits wireless service.” o Implies that minimum spacing requirements likely could not meet this standard. Page 20 of 199 • Imposes shot clocks of 60 days for SWF added to existing structures (regardless of whether the structure already supports a SWF) and 90 days for SWF using a new structure. o Existing shot clocks for non-SWF deployments remain in place: 90 days for collocation on an existing structure; 150 days for deployment on a new structure. o Both the new and existing shot clocks apply to “any approval that a siting authority must issue under applicable law prior to deployment.” This includes zoning approvals and building permits, and may also include license or franchise agreements to access the rights of way, leases for use of municipal poles or property in the rights of way, electric permits and road closure permits, among others. o For SWF, shot clocks are reset, not just tolled, if the siting authority notifies the applicant within 10 days after submission that the application is incomplete. For subsequent determinations of incompleteness, the shot clock would toll—not reset—if the siting authority provides written notice within 10 days that the supplemental submission did not provide the requested information. o For non-SWF, shot clocks begin to run when an application is first submitted, and can be paused—not reset—if the siting authority notifies the applicant within 30 days that the application is incomplete. For subsequent determinations of incompleteness, the process is the same as described above for SWF. o Failure to act within the new SWF shot clock constitutes a presumptive violation of the Communications Act and applicants may seek expedited injunctive relief in court within 30 days of a local government missing a shot clock deadline. There is no “deemed granted” remedy. • Defines SWF as, among other things: o Facilities mounted on structures 50 feet or less in height including their antennas; or mounted on structures no more than 10 percent taller than other adjacent structures; or that do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater. o Each antenna associated with the deployment, excluding associated antenna equipment, is no more than 3 cubic feet in volume; o All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume. • Does not grandfather existing agreements or state small cell bills or other state laws, which may be preempted to the extent they conflict with the Ruling and Order. Page 21 of 199 Ordinance Creating PMC 3.07.105 - 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Creating PMC 3.07.105 “Franchise/Permit Fees and Rates” Setting the Application Fees for Franchises, Small Cell Permits, Right-of-Way Use Permits, Make-Ready Fees, Annual Right-of-Way Occupancy Rates, and Annual Attachment Rates WHEREAS, the City of Pasco, in order to provide for the efficient and equitable processing of applications for franchises, small cell permits, right-of-way use permits, and make- ready permits reasonably calculated to recover the costs of the processing, management, and enforcement hereof establish the following fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 3.07.105 of the Pasco Municipal Code entitled "Franchise/Permit Fees and Rates” shall be hereby created and shall read as follows: 3.07.105 FRANCHISE/PERMIT FEES AND RATES. Fee/Charge Reference A)Franchise Application Fee (other than Master License Small Cell Permit) $1,000.00 15.80.020 B)Master License Franchise Application Fee and Small Cell Permit Fee (1-5 sites) $500.00 15.100.020(G) C)Master License Franchise and Small Cell Permit Application (batch applications of 6 or more) $100.00 for each site 15.100.030 D)Make-Ready Fee Deposit for Estimate Total fee shall be that amount necessary to enable the City pole to support the proposed facility $500.00 E)Annual Right-of-Way Use Rate (for reach SWF installed upon a City-owned pole or support structure within the City’s right- of-way) $270.00 15.100.020 F)Right-of-Way Permit Application Fee $1,000.00 15.80.040 Page 22 of 199 Ordinance Creating PMC 3.07.105 - 2 Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _____ day of __________________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 23 of 199 Ordinance Enacting PMC 15.10.025 Supplemental Definitions - 1 ORDINANCE NO. ____________ AN ORDINANCE of the City of Pasco, Washington, Enacting PMC Section 15.10.025 “Supplemental Definitions” Applicable to Small Cell Towers and Micro Tower Deployment WHEREAS, the City seeks to facilitate the enhancement of broadband services for the benefit of those who reside and do business within the City of Pasco, and incident to the adoption of Code provisions governing the deployment of such broadband services, definitions applicable to such deployment and consistent with those regulatory terms and industry-recognized terms, such additional supplemental definitions are necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 15.10.025 entitled “Supplemental Definitions” of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: 15.10.025 SUPPLEMENTAL DEFINITIONS. Supplemental to those definitions provided in PMC Section 15.10.020, and particularly in relation to those actions covered by PMC 15.100 “Small Cell Tower Deployment - - Right-of-Way”, and PMC 15.105 “Small Cell Tower Deployment - - Non Right-of-Way Location”, shall have the following meanings. A) “Administrative review” means ministerial review of an application by the City Manager, or his designee, relating to the review and issuance of a permit, including review by the Community Development Director, Public Works Director, and Informational Services Director to determine whether the issuance of a permit is in conformity with the applicable provisions of this Title. This review does not involve the exercise of discretion, nor subject to a public hearing. B) “Antenna” means communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes. C) “Applicable codes” means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the City or otherwise are applicable in the jurisdiction. D) “Applicant” means any person who submits an application. E) “Application” means a written request submitted by an applicant to City for a permit to: 1) Locate or collocate, or to modify, a communications facility underground, on the surface, or on any existing support structure, pole or tower; or Page 24 of 199 Ordinance Enacting PMC 15.10.025 Supplemental Definitions - 2 2) Construct, replace, or modify a new support pole or tower or any other structure on which a communications facility will be collocated. F) “Authority” or “City” means the City of Pasco, Washington, and all departments, divisions, employees and agencies thereof. G) “Authority pole” or “City pole” means a pole owned, regulated, managed, or operated by or on behalf of the City, however, nothing construed can grant authority for the use or location of communication facilities upon a pole owned by the Franklin County Public Utility District. H) “Base station” or “Wireless facility” is defined as provided below (definition of “Wireless Facility”). I) “Collocate” means to install, mount, maintain, modify, operate and/or replace a communications facility on an existing support structure, pole, or tower or any other structure capable of supporting such communications facility. Collocation has a corresponding meaning. The term does not include the installation of a new utility pole, tower, or support structure in the public right-of-way. J) “Communications facility” means, collectively, the equipment at a fixed location or locations that enables communications between user equipment and a communications network, including: 1) Radio transceivers, antennas, coaxial, fiber-optic, or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and 2) All other equipment associated with any of the foregoing. Communications facility does not include the pole, tower, or support structure to which the equipment is attached. K) “Communications service provider” means a cable operator, as defined in 47 U.S.C. § 522(5), a provider of information services, as defined in 47 U.S.C. §153(24); or a provider of telecommunications service, as defined in 47 U.S.C. §153(53); or provider of fixed wireless or other wireless services as defined in 47 U.S.C. §332(c)(7)(C)(i). L) “Day” means, for the purpose of calculation of the timing for review as provided in PMC 15.100.040, PMC 15.110.040, and 15.40.100, for consideration shall commence on the day following the receipt of the application or submission as evidenced by receipt stamp of the City. The review period day of calculation shall be based on work days applicable both to the City and to the applicant. Page 25 of 199 Ordinance Enacting PMC 15.10.025 Supplemental Definitions - 3 M) “Decorative pole” means a City, or City-regulated pole that is specifically designed and placed for aesthetic purposes. N) “Deployables” means a portable, self-contained wireless facility that can be moved to a specified location or area and provides wireless services on a temporary or emergency basis such as a “cell on wheels” or “COW,” cell on light truck or “COLT,” tethered balloon, tethered drone or other unmanned device. O) “Director” means the City Manager, or the City Manager’s designee. P) “Discretionary review” means review of an application by the City relating to the review and issuance of a permit that is other than an administrative review. Discretionary review shall be pursuant to PMC 25.86 “Special Permits.” Q) “Eligible facilities request” means a request for modifications of an existing tower or base station involving: colocation, removal, or replacement of transition equipment as set forth in 47 CFR §1.40001(b)(3), as may be amended from time to time. R) “FCC” means the Federal Communications Commission of the United States. S) “Fee” means a one-time, nonrecurring charge, whether a fixed amount or cost- based amount based on time and expense. T) “Historic property” means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the United States Secretary of the Interior (in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R., Part 1, Appendix C), or listed on the Pasco Register of Historical Places pursuant to PMC Title 27. U) “Joint location” means the location of small wireless facilities by multiple wireless providers upon or within a single pole, tower, or structure. V) “Law” means and Federal, State, or local law, statute, common law, code, rule, regulation, order, or ordinance. W) “Non-Authority pole” or “Non-City pole” means a pole not owned, regulated, managed, or operated by or on behalf of the City. X) “Ordinary maintenance and replacement” means: 1) With respect to a communications facility and/or the associated support structure, pole or tower, inspections, testing, repair, and modifications that maintain functional capacity, aesthetic and structural integrity, and; 2) With respect to a communications facility only, the replacement or upgrade of antennas and/or other components of the communications facility Page 26 of 199 Ordinance Enacting PMC 15.10.025 Supplemental Definitions - 4 (specifically, such as a swap-out or addition of 5G antennas and radio equipment as required by the applicant), with antennas and/or other components substantially similar in color, aggregate size, and other aesthetics to that previously permitted by the City (and/or consistent with the same height and volume limits for wireless facilities under this Chapter), so long as the support structure, pole, or tower will structurally support, or prior to installation will be modified to support, the structural load. Modifications are limited by the structural load analysis supplied by the applicant to the City, and by the volume limits as provided in subsection AG” “Small wireless facility” below. Modifications beyond the foregoing must be requested in writing by the applicant and are subject to the Special Use Permit process required by the City. Y) “Permit” means a written authorization (in electronic or hard copy format) required by the City to perform an action or initiate, continue, or complete installation of a communications facility, or an associated support structure, pole, or tower. Z) “Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City. AA) “Pole” means a pole, such as a utility, lighting, traffic, or similar pole, not exceeding 50 feet in height above grade, made of wood, concrete, metal or other material located or to be located within the public right-of-way or a private easement. A pole does not include a tower or support structure. AB) “Pre-approved facility location” means an existing permitted site with capacity for the location of additional small cell facilities within or upon the structure. AC) “Private easement” means the area on, below, or above privately-owned property that has been designated for use as or is used for a utility purpose (such as for electric, cable or other utility purpose), and is typically recorded in the land records of the City pursuant to a recorded plat, easement or right-of-way, and does not include any portion of a public right-of- way. AD) “Public Right-of-Way” or “Public ROW” means the area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk or alley, however shall not include the Federal interstate highway (or other area not within the legal jurisdiction or maintenance responsibilities of the City), right-of-way or utility easements, or undeveloped right-of-ways identified or scheduled for vacation by Ordinance or the current Comprehensive Plan. AE) “Rate” means a recurring charge. AF) “Replace” or “replacement” means, in connection with an existing pole, support structure or tower, to replace (or the replacement of) the same with a new structure, similar in design, size and scale to the existing structure and in conformance with current City codes and regulations in order to address limitations of, or change requirements applicable to, the existing structure to structurally support collocation of a communications facility. In connection with Page 27 of 199 Ordinance Enacting PMC 15.10.025 Supplemental Definitions - 5 replacement of a pole or tower to support collocation of a wireless facility, similarity in size and scale shall be evaluated consistent with 47 C.F.R. 1.40001 Subpart b(7). AG) “Small wireless facility” means a wireless facility that meets both of the following qualifications: 1) Each wireless provider’s antenna (including, without limitation, any strand-mounted antenna) could fit within an enclosure of no more than three (3) cubic feet in volume; and 2) All other wireless equipment associated with the facility is cumulatively no more than twenty-eight (28) cubic feet in volume. 3) The following types of associated, ancillary equipment are not included in the calculation of equipment, volume: (a) Electric meter. (b) Concealment elements; (c) Telecommunications demarcation box; (d) Grounding equipment; (e) Power transfer switch; (f) Cut-off switch; and (g) Vertical cable runs for connection of power and other services. AH) “State” means the State of Washington. AI) “Support Structure” means a building, a billboard, a water tank or any other structure to which a communications facility is or may be attached. Support structure does not include a pole or a tower. AJ) “Target areas” means those specifically designated areas of the City having unique neighborhood characteristics for which specific design standards shall be required for a consistent and compatible contribution to the character of the neighborhood. The target areas within the City shall constitute: 1) Downtown target area including that area west of west side of Tacoma Street; east of the west side of 10th Avenue; north of the south side of Columbia Street and south of the south side of Bonneville Street; Page 28 of 199 Ordinance Enacting PMC 15.10.025 Supplemental Definitions - 6 2) Court Street/Sylvester Streets west of the west side of 1st Avenue and east of the west side of Road 40; 3) 20th Avenue both side of Pearl Street and north of Lewis Street and also south of Lewis Street and north of “A” Street; 4) 3rd Avenue both sides south of the roundabout and north of Columbia Street; 5) 4th Avenue both sides south of the SR 12 Overpass and north of “A” Street; 6) Lewis Street both sides west of 20th Avenue and east of the US 395 off- ramp; and 7) The I-182 corridor as defined in PMC 25.130.020. The target areas are specifically designated in PMC 15.100.070. AK) “Tolling” means the suspension of any required performance period, “shot clock” or time limitation required under this Title, or by agreement. AL “Tower” means any structure built for the sole or primary purpose of supporting a wireless facility. Tower, such as a self-supporting tower, a monopole, a lattice or a guyed tower. Tower also includes a structure designed to conceal from the general public the wireless facility. A tower does not include a pole or a support structure. AM) “Wireless facility” means a communications facility installed and/or opened by a wireless provider. The term does not include: 1) The support structure, tower or pole on, under, or within which the equipment is located or collocated; or 2) Coaxial, fiber-optic or other cabling that is between communication facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one example of a wireless facility. AN) “Wireless infrastructure provider” means any person, including a person authorized to provide telecommunications service in the State, that builds or installs and/or operates wireless facilities or poles, towers or support structures on which wireless facilities are or are intended to be used for collocation, but that is not a wireless services provider. AO) “Wireless provider” means a wireless infrastructure provider or a wireless services provider. Page 29 of 199 Ordinance Enacting PMC 15.10.025 Supplemental Definitions - 7 AP) “Wireless services” means personal wireless services as that term is defined in 47 U.S.C. §332(c)(7)(C)(i), fixed wireless and other wireless services. AQ) “Wireless services provider” means a person who provides wireless services. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 30 of 199 Ordinance Amending PMC 15.40, PMC 15.60 and PMC 15.10.050 - Franchise - 1 ORDINANCE NO. ____________ AN ORDINANCE of the City of Pasco, Washington, Amending PMC Chapter 15.40 “Franchises”; Amending PMC 15.60 “Appeal of City Determination”; and Amending PMC 15.10.050 “Determination by City” WHEREAS, the City, in the management of its right-of-way to balance the primary purpose of its right-of-ways for vehicular and pedestrian transportation, and at the same time balancing the need to accommodate the distribution of utilities including wireless technologies while preserving the natural and aesthetic environment of the City; and WHEREAS, the City may regulate, on a nondiscriminatory basis, the location of utilizes within its right-of-ways through the grant of franchise rights to public agencies and private companies for the distribution of utility services vital to our community; and WHEREAS, to provide for a common procedure for the application, processing, and management of franchises to provide for an equitable and equal opportunity for franchise service providers to have access to the public right-of-ways and preserving for the citizens of the City, not only a safe and efficient corridor for transportation, but also for the distribution of utility services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 15.40 entitled “Franchises” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 15.40.010 FRANCHISE REQUIRED. The City reserves the right to authorize right- of-way uses by utilities and other service providers in order to preserve a safe and efficient access and transportation circulation, installation and maintenance of publicly-owned utilities while permitting the location of other utility service providers by way of a Franchise Agreement consistent with State and Federal laws and the best interest of the City’s residents. A Franchise shall be required of any communications provider or carrier or other person who desires to occupy public ways of the City and to provide telecommunications services to any person or area in the City utility provider including communications, telecommunications, data transmission, telecommunications facilities, telecommunications services, and other utility services. Provided, however, that a Right-of-Way Use Permit may, with the approval of the City Engineer, be substituted for a Franchise in the following circumstances: A) Privately owned telecommunications networks or systems which are operated solely for purposes other than offering telecommunications services to other persons or the general public. An example of such a network or system includes, but is not limited to, a telecommunications network connecting two business facilities under common ownership or control, when said facilities are not offered to other business entities or persons. Page 31 of 199 Ordinance Amending PMC 15.40, PMC 15.60 and PMC 15.10.050 - Franchise - 2 B) De minimis uses of public ways, including such uses made in conjunction with a wireless telecommunications facility located entirely upon publicly or privately owned property. (Ord. 3287 Sec. 1, 1998.) 15.40.020 RIGHT-OF-WAY USE PERMIT. The Director may grant in lieu of a Franchise, a right-of-way use permit in the following circumstances: A) Privately owned telecommunications networks or systems which are operated solely for purposes other than offering telecommunications services to other persons or the general public. An example of such a network or system includes, but is not limited to, a telecommunications network connecting two business facilities under common ownership or control, when said facilities are not offered to other business entities or persons. B) De minimis uses of public ways, including such uses made in conjunction with a wireless telecommunications facility located entirely upon publicly or privately owned property. 15.40.0230 FRANCHISE TERRITORY. Unless otherwise provide in a franchise, a franchise granted hereunder shall be limited to the specific geographic area of the City to be served by the franchisee, and the specific public ways necessary to serve such areas. 15.40.0340 CABLE FRANCHISE. A franchise shall be required for providing cable service. Cable franchises are governed by the provisions of Chapter 15.95. In the event of any conflict between Chapter 15.95 and any other provisions of Title 15, the provision of Chapter 15.9 shall be controlling. 15.40.050 SMALL CELL TOWER DEPLOYMENT FRANCHISE. A franchise shall be required for providing small cell tower deployment service. Small cell tower deployment franchise are governed by the provisions of Chapter 15.100 and Chapter 15.110. Application, approval, and granting of the small cell tower franchise and small cell permits, collectively a Master Permit, shall be done administratively as provided by those Chapters and shall not require the approval of the City Council. In the event of any conflict between Chapter 15.100 and Chapter 15.110 and any other provision of this Title, the provisions of those Chapters shall be controlling. 15.40.060 APPLICATION – CONTENTS. The Director is authorized to establish an application form or forms appropriate for telecommunications entities, public utilities and other qualified service providers to apply for a franchise. The form shall contain at a minimum: A) Information identifying the applicant, its corporate or other organizational structure, and the agent or individual filling out the application. B) Property and facility information including, but not limited to: 1) The nature of the application as an application for a new franchise, an application for renewal or amendment or an application for the transfer of a franchise. Page 32 of 199 Ordinance Amending PMC 15.40, PMC 15.60 and PMC 15.10.050 - Franchise - 3 2) A description of the specific services that the applicant expects to provide within the City including whether the services will be provided to the general public, to commercial and/or residential customers or to other utilities and service providers. 3) A general description of the facilities to be located in the right-of-way including, but not limited to, wireline facilities, cable service, telecommunications service facilities, conduits, pipelines, and other facilities appropriate to the specific utility or service providers’ utilization of the right-of-way. 4) Where appropriate, information relating to pole attachment or lease agreements with the owners of other facilities located in the right-of-way. 5) Any licenses, certificates or authorizations required from the Federal Communications Commission, the Washington Utilities and Transportation Commission and any other Federal or State agency with jurisdiction over the proposed activities to be conducted in the right-of-way. 6) Information relating to utility taxes including a description of the services provided and any and all State and local taxes which may apply. 7) The service area for which the franchise is requested, including a map of the area to be covered by the franchise and specific locations of the initial build out and, if known, proposes future build out locations including which proposed facilities will be underground, ground based and/or aerial. 8) Upon request from the City, financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant’s financial ability to construct, operate, maintain, relocate and remove its telecommunications facilities. This provision shall not apply when prohibited by the Federal Telecommunications Act. 9) A list of all cities or towns in the State of Washington in which the applicant holds a franchise. 10) Such other information as the Director, in his discretion, shall deem appropriate. 15.40.070 FEE DEPOSIT. The Director shall establish a fee deposit based upon the nature of the facility. The fee deposit shall be per PMC Section. 3.07.105. The fee deposit shall be supplemented from time to time when the actual administrative costs authorized for collection by the City from the applicant pursuant to RCW 35.21.860 have been exceeded. Failure to make or supplement a deposit within ten (10) business days of notification of the need to supplement shall suspend processing of any application and toll any period established for review by this Chapter or State or Federal law as an incomplete application. Any unexpended portion of the deposit shall be returned to the applicant when the application has been approved or denied. Page 33 of 199 Ordinance Amending PMC 15.40, PMC 15.60 and PMC 15.10.050 - Franchise - 4 15.40.080 COMPLETENESS. Completeness of the application shall be determined in accordance with this Section. Except for applications pursuant to Chapter 15.100 and 15.110, the Director shall review the application for completeness and notify the applicant within twenty (20) days of submission whether the application is complete, provided, however, that an applicant may consent to a different completeness review period. A service provider may resubmit an incomplete application within twenty (20) days of notice by the Director. Failure to resubmit an application in a timely manner shall be deemed a withdrawal of that application. An applicant shall be notified in writing of the approval or denial of the application. No application shall be deemed complete without the fee deposit as required by PMC 3.07.105. The Director shall make a final decision to approve or deny the franchise application within sixty (60) days for franchises for small wireless facility applying for a collocation and ninety (90) days for all other franchise applications.. 15.40.090 PUBLIC COMMENT. The City shall provide notice of a complete application for a franchise on the City’s website with a link to the franchise application. This notice requirement shall also apply to existing franchisees applying for a Small Cell Permit for small cell deployment. The notice shall include an e-mail contact and telephone number for the applicant to answer citizen inquiries. The applicant is encouraged to host informational meetings for the public regarding the deployment. The City shall post meeting notices, if any, for informational meetings on its website. These meetings are for the public’s information and are neither hearings nor part of any land use appeal process. 15.40.100 TELECOMMUNICATIONS SERVICES – TIME PERIOD FOR CONSIDERATION. A) Applications for a franchise for a telecommunications services, other than small cell franchises and permits, shall be acted upon by the City within ninety (90) days for collocation on an existing structure; and one hundred and fifty (150) days for deployment on a new structure commencing on the date the service provider files a complete application and fee deposit with the City except: 1) With the agreement of the applicant; or 2) Where the franchise requires action of the City Council and such action cannot reasonably be obtained within the applicable period. B) The City shall act upon a request for a right-of-way use permit within ninety (90) days of receipt of a complete application and permit fee, unless the applicant consents to a different time period. 15.40.105 ADDITIONAL FRANCHISE REQUIREMENTS. All franchises and right-of-way use permits issued pursuant to this Chapter shall be subject to the terms and conditions of PMC Chapter 15.70. Section 2. That Section 15.10.050 entitled “Determination by City” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Page 34 of 199 Ordinance Amending PMC 15.40, PMC 15.60 and PMC 15.10.050 - Franchise - 5 15.10.050 DETERMINATION BY CITY. A) Right-of-Way Use Permits. Within 90 (90) days after receiving a complete application for a Right-of-Way Use Permit, the City Engineer or her or his designee shall issue a written determination granting or denying the permit application in whole or in part. If the application is denied, the written determination shall include the reason(s) for denial. The decision to grant or deny an application shall be based upon the following standards: 1) Whenever the applicant has received all requisite licenses, certificates, and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, and any other Federal or State agency with jurisdiction over the activities proposed by the applicant; 2) The capacity of the public ways to accommodate the applicant’s proposed facilities; 3) The capacity of the public ways to accommodate additional utility, cable, open video, and telecommunications facilities if the permit is granted; 4) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the permit is granted; 5) The public interest in minimizing the cost and disruption of construction with the public ways; 6) The service that applicant will provide to the community and region; 7) The effect, if any, on public health, safety and welfare if the permit is granted; 8) The availability of alternate routes and/or locations for the proposed facilities; 9) Applicable Federal and State communications laws, regulations and policies; 10) Such other factors as may demonstrate that the grant to use the public ways will serve the community interest; and 11) Such other and future factors as may be deemed appropriate by the City. B) Other Franchises. Other franchises for small cell tower deployment as provided in PMC 15.40.050, telecommunication franchises as provided in PMC 15.40.100, and all other franchises shall, within 120 days one hundred fifty (150) days of receiving a complete application under Pasco Municipal Code Section 15.10.040 for a Franchise, the City shall issue a Page 35 of 199 Ordinance Amending PMC 15.40, PMC 15.60 and PMC 15.10.050 - Franchise - 6 written determination granting or denying the application in whole or in part. Prior to granting or denying a Franchise, the City Council shall conduct a public hearing and make a decision upon the standards set forth in Pasco Municipal Code Section 15.10.050(A). Pursuant to RCW 35A.47.040, the City Council shall not approve any Franchise hereunder until the next regularly schedule Council meeting following the public hearing. If the application is denied, the written determination shall include the reason for denial. C) Facilities Leases. Recognizing that the City is under no obligation to grant a Facilities Lease for the use of City property, the City shall strive to consider and take action on applications for Facilities Leases within ninety (90) days after receiving a complete application for such a lease. When such action is taken, the City Engineer shall issue a written determination granting or denying the lease in whole or in part, applying the standards set forth below. If the lease application is denied, the written determination shall include the reason for denial, if any. 1) The capacity of the City property and public ways to accommodate the applicant’s proposed facilities. 2) The capacity of the City property and public ways to accommodate additional utility and telecommunications facilities if the lease is granted. 3) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted. 4) The public interest in minimizing the cost and disruption of construction upon City property and within the public ways. 5) The service that applicant will provide to the community and region. 6) The effect, if any, on public health, safety, and welfare if the lease requested is approved. 7) The availability of alternate routes and/or locations for the proposed facilities. 8) Whether the applicant is in compliance with applicable Federal and State telecommunications laws, regulations and policies, including, but not limited to, the registration requirements administered by the Washington Utilities and Transportation Commission. 9) The potential for radio frequency and other interference with existing public and private telecommunications or other facilities located upon the City property. 10) The potential for radio frequency and other interference or impacts upon residential, commercial, and other uses located within the vicinity of the City property. Page 36 of 199 Ordinance Amending PMC 15.40, PMC 15.60 and PMC 15.10.050 - Franchise - 7 11) Such other factors as may demonstrate that the lease to use the City property will serve the community interest. (Ord. 3287 Sec. 1, 1998.) Section 3. That Chapter 15.60 entitled “Appeal of City Determination” of the Pasco Municipal Code shall be and hereby is amended to read as follows: 15.60.010 APPEAL PROCEDURE. An applicant aggrieved by the denial or conditioning of a Right-of-Way Use Permit, Small Cell Permit, Franchise, Construction Permit, or the renewal thereof shall have the right to appeal to the City Council as follows Hearing Examiner pursuant to PMC Chapter 2.19. A) All appeals filed pursuant to this Section must be filed in writing with the City Engineer Director within ten (10) working days of the date of the decision appealed from; B) All appeals filed pursuant to this Section shall specify the error of law of fact, or new evidence which could not have been reasonably available at the time of the City Engineer’s Director’s decision, which shall constitute the basis of the appeal; C) Upon receipt of a timely written notice of appeal, the City Engineer shall advice the City council of the appeal and request that a date for considering the appeal be establishedDirector shall note the appeal for hearing before the Hearing Examiner within sixty (60) days of filing the appeal. D) All relevant evidence shall be received during the hearing on the appeal; E) Unless substantial relevant information is presented which was not considered by the City EngineerDirector, the decision of the City Engineer Director shall be accorded substantial weight, but may be reversed or modified by the City Council Hearing Examiner if, after considering all of the evidence in light of the applicable goals, policies, and provisions hereof, the City Council Hearing Examiner determines that a mistake has been made. Where substantial new relevant information which was not considered in the making of the decision appealed from has been presented, the City Council Hearing Examiner shall make its decision only upon the basis of the facts presented at the hearing of the appeal, or may elect to remand the matter for reconsideration by the City Engineer Director in light of the additional information. F) For all appeals decided pursuant to this Section, the City shall provide a record that shall consist of written finding and conclusions and a taped transcript; G) Unless otherwise provided by State statute or other law, all actions seeking review of a final action of the City, whether in the form of an appeal, declaratory judgment action, petition for writ of review, or other extraordinary writ, or in any other form shall be filed pursuant to the general appeal period as set forth in Chapter 1.01 of this Code, or are thereafter barred; and H) No action to obtain judicial review shall be commenced unless all rights of appeal provided by this Section are fully exhausted. The cost of transcription of all records ordered Page 37 of 199 Ordinance Amending PMC 15.40, PMC 15.60 and PMC 15.10.050 - Franchise - 8 certified by the Court for such review shall be borne by the party seeking such review. A copy of each transcript prepared by such party shall be submitted to the City for confirmation of its accuracy. (Ord. 3877, 2008; Ord. 3287 Sec. 1, 1998.) Section 4. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 38 of 199 Ordinance – Small Cell Tower Deployment - 1 ORDINANCE NO. ____________ AN ORDINANCE of the City of Pasco, Washington, Creating PMC Chapter 15.100 “Small Cell Tower Deployment Within the Public Right-of-Way” WHEREAS, the City recognizes and embraces the benefits to both commerce and the quality of life of its citizens that may be enhanced by wireless broadband communications, and especially those services provided by 4g and 5g capacities; and WHEREAS, the City further recognizes that the increased demands for wireless services require increased demands on wireless networks requiring more closely spaced deployment of “small cells” and similar system requiring denser concentration of transmission facilities; and WHEREAS, the City wishes to encourage the rapid application of such technology by providing a stream-lined process of permitting the location and operation of these required facilities; and WHEREAS, under both State and Federal legislation, public right-of-ways are identified as sites for the location of these facilities; and WHEREAS, the City recognizes the benefit and seeks to use such facilities as platforms for smart city initiatives with a corresponding public benefit; and WHEREAS, the City likewise recognizes the necessity to preserve the efficient, safe and attractive utilization of its public right-of-ways; and WHEREAS, the City has expended significant funds to preserve the historic and cultural character of its neighborhoods and has set as a goal the enhancement of these neighborhoods requiring an aesthetically pleasing streetscape, whereby, certain design standards for the location of these facilities should be able to meet these aesthetic goals and provide for the quality of life for the citizens of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 15.100 entitled “Small Cell Tower Deployment Within the Public Right-of-Way” of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: Page 39 of 199 Ordinance – Small Cell Tower Deployment - 2 Chapter 15.100 SMALL CELL TOWER DEPLOYMENT WITHIN THE PUBLIC RIGHT-OFWAY Sections: 15.100.010 Purpose and Goal. 15.100.020 Permitted Communications Facility – Administrative Review. 15.100.030 Action on Administrative Review Applications. 15.100.040 Review Process. 15.100.050 Development Standards – Small Wireless Facilities. 15.100.060 Design Standards – Small Wireless Facilitates. 15.100.070 Target Areas. 15.100.080 Grant of Permit. 15.100.090 Exceptions. 15.100.100 Violations of this Chapter. 15.100.010 PURPOSE AND GOAL. A) The purpose of this Chapter is to provide a process for permitting the deployment of small cell and microcell technology within the City of Pasco. The goals of this Chapter are: 1) To provide a permitting system for service providers to acquire a franchise to utilize the public right-or-way and a permit to deploy small cell technology within the City’s right-of-ways. 2) Establish target areas within which specific design standards are applicable to preserve the historic and aesthetic nature of the neighborhoods. 3) Establish design standards for facilities in both target areas and non-target areas within the City. 4) Secure for the City the opportunity for utilization of smart city initiative platforms to enhance municipal purposes. 5) Provide for an expedited process of review and permitting. B) Service providers who seek to utilize the public right-of-way for small cell deployment in order to provide wireless communication, data transmission, or other related services to the citizens of the City must have a valid franchise as required by PMC 15.40 and a Small Cell Permit to deploy the technology. Entities with franchises who wish to utilize small cell deployment to upgrade or expand their services shall utilize the process set forth in this Chapter and implementing Small Cell Permits to deploy their technology and obtain design approval of specific installations. The Small Cell Permit process administers deployment under the franchise. The franchise application, and application for small cell permit, shall be processed concurrently, together with any required State Environmental Policy Act (SEPA) review Page 40 of 199 Ordinance – Small Cell Tower Deployment - 3 concurrently as one Master Permit within the meaning of RCW 35.99.010(3) and RCW 35.99.030. 15.100.020 PERMITTED COMMUNICATIONS FACILITY - - ADMINISRATIVE REVIEW. A) Permitted Uses. The following uses within the public right-of-way shall be a permitted use, subject to administrative review only and issuance of a Small Cell Permit. All such uses shall be in accordance with all other applicable revisions of this Chapter: 1) Collocation of a small wireless facility or a collocation that qualifies as an eligible facilities request; 2) Modification of a pole, tower, or support structure, or replacement of a pole, for collocation of a communications facility that qualifies as an eligible facilities request, or involves a small wireless facility that does not exceed the maximum size limitations as provided in Section 15.100.030. All other modifications or replacements that exceed these limitations are subject to securing a Special Use Permit as required by PMC 25.86. 3) Construction of a new pole or a monopole tower (but no other type of tower) to be used for collocation of small wireless facilities that does not exceed the maximum height set forth in PMC 15.100.030. 4) Construction of a communications facility, other than those set forth above, involving the installation of coaxial, fiber optic or other cabling, that is installed underground (direct, buried, or in conduit) or aboveground between two or more poles, or a pole and a tower and/or support structure, and related equipment and appurtenances. 5) Joint location within or upon an existing communications facility within the pre-approved, or previously approved facility location or target areas as defined by this Chapter and meeting the design specification provided herein. B) Permit Required. No person shall place a facility described above in the public right-of-way without first filing an application for same and obtain a permit therefor, except as otherwise expressly provided in this Chapter. C) Proprietary or Confidential Information of Applicant. The City shall make accepted applications publicly available to the extent required by RCW 42.56 (Public Records Act). Applicant shall designate portions of its application materials that it reasonably believes contains proprietary or confidential information as “proprietary” or “confidential” by clearly marking each portion of such materials accordingly. In the event of a public records request for such marked materials, the City shall provide the applicant notice to seek Court protection of such records pursuant to RCW 42.56.540. Page 41 of 199 Ordinance – Small Cell Tower Deployment - 4 D) Administrative Review Application Requirements. The application shall be made by the applicable service provider or its duly authorized representative and shall contain the following: 1) The applicant’s name, address, telephone number, and e-mail address including emergency contact information for the applicant. 2) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the City with respect to the filing of the application. 3) Specific location information including GIS coordinates for all facilities, and a general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work performed. 4) Detailed construction drawings regarding the proposed facility. 5) Conduit and/or ground-mounted equipment necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from an infrastructure provider. 6) To the extent the proposed facility involves collocation on a pole, tower, or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower, or support structure will structurally support the collocation (or that the pole, tower, or support structure will be modified to meet the structural requirements) in accordance with applicable codes. 7) For any aboveground facilities, visual depictions or representations, if not included in the construction drawings, and for new aboveground facilities before and after photo simulations. 8) If a preapproved facility location capable of joint location exists within, or within 300 feet of the specific location information identified in subsection 3) above, whether space is available for the applicant’s small wireless facility and demonstrated technical evidence justifying the applicant’s failure to utilize such site. E) Ordinary Maintenance and Replacement. An application shall not be required for ordinary maintenance and replacement, other than to the extent required for such work within the right-of-way, including but not limited to, street opening permit, right-of-way permit, electrical permit, and street closure permit. F) Information Updates. Any material change to information contained in an application shall be submitted in writing to the City within thirty (30) days after the change necessitating the amendment. Page 42 of 199 Ordinance – Small Cell Tower Deployment - 5 G) Applicable Fees and Rates. All application required by this Chapter shall be accompanied by the fees which shall include: 1) Application fee. 2) Make-ready fees and rates including annual right-of-way occupancy rate, 3) Annual attachment rate as defined under PMC 3.07.105. 15.100.030 ACTION ON ADMINISTRATIVE REVIEW APPLICATIONS. A) Review of Applications for Administrative Review. The rights granted under a franchise are implemented through the issuance of Small Cell Permits which, when in conformance with the applicable provisions of this Chapter, shall be issued on nondiscriminatory terms and conditions. The franchise application may be accompanied by one or more applications for a Small Cell Permit to deploy small cells. An initial franchise and all related Small Cells Permit applications shall be processed concurrently as one Master Permit. See RCW 35.99.010(3) for the definition of “Master Permit.” 1) The Director may approve Small Cell Permit application submitted in compliance with this Chapter. The Director may approve batched applications of up to twenty (20) sites specified in one Small Cell Permit application for processing. The Director may approve up to ten (10) additional sites in order to consider small cell sites within one logical service area in one application. 2) Issuance of a Small Cell Permit to install a small cell deployment shall be contingent upon approval of a franchise or the possession of a valid franchise. 3) If more than one application for a Small Cell Permit is submitted by an applicant, they shall be considered in the order received. If multiple applications are submitted on the same date, the applicant shall indicate which application should be considered first. All Small Cell Permits which are submitted in conjunction with a franchise application shall be considered as one Master Permit. (a) PROVIDED, HOWEVER, that an applicant with an existing franchisee may, at the applicant’s sole discretion, elect to utilize the expedited review process set forth in PMC 15.100.040(E). (b) Any element of a deployment which qualifies as either an Eligible Facilities Request or a collocation shall be specifically designated by the applicant and may be addressed separately by the Director in order to comply with the shot clocks established by Federal law. 4) The Director may approve, deny, or conditionally approve all or any portion of the sites proposed in the Small Cell Permit application. Page 43 of 199 Ordinance – Small Cell Tower Deployment - 6 5) Any application for a franchise or Small Cell Permit which contains an element which is not exempt from SEPA review shall comply with the mitigation conditions of any applicable Mitigated Declaration of Nonsignificance (MDNS) or shall simultaneously apply with the requirements of Chapter 43.21C RCW and PMC Title 23. 6) RF Certification. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of the proposed project affirming that the small cell deployment will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility will operate. If facilities necessary to the Small Cell Deployment are to be provided by another franchisee, then the Small Cell Deployment are to be provided by another franchises, then the Small Cell Deployment in the initial franchise or in a subsequent Small Cell Permit shall be conditioned on an RF Certification showing the cumulative impact of the RF emissions on the entire installation. 7) Regulatory Authorization. Issuance of the Use Permit for the facilities shall also be contingent upon the applicant’s provision of proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. 15.100.040 REVIEW PROCESS. The following provisions relate to applications for a franchise and/or Small Cell Permit for small cell deployments: A) Timing for Review. 1) Application. The Director shall within ten (10) days of receiving an application determine and notify the applicant whether the application is complete; or if an application is incomplete, the City must specifically identify the missing information, and may toll the approval as provided below. The applicant may resubmit the completed application within twenty (20) days without additional charge, and the subsequent review will be limited to the specifically identified missing information subsequently completed, except to the extent material changes to the proposed facility have been made by the applicant (other than those requested or required by the City). In which case, a new application and application fee must be submitted. 2) Completion for Review. Within sixty (60) days of the date of determination of the completed application, the Director shall approve, approve with modifications, or deny an application for a collocation, and ninety (90) days for an application for a new communications facility structure. 3) Tolling. Other than tolling the time for review resulting from an incomplete application, review may only be tolled by mutual agreement between the applicant and the City. Page 44 of 199 Ordinance – Small Cell Tower Deployment - 7 4) The Director must advise the applicant in writing of its final decision, and in the final decision document the basis for a denial, including specific code provisions and/or regulations on which the denial was based. The decision to deny the application shall be in writing and supported by substantial evidence contained in a written record, publicly released, and sent to the applicant. The written decision, supported by such substantial evidence, shall constitute final action by the City. The review period or “shot clock” shall run until the written decision, supported by substantial evidence, is released and sent to the applicant contemporaneously. The applicant may cure the deficiencies identified by the Director and resubmit the application within thirty (30) days of the denial without paying an additional application fee unless denial was issued due to noncompliance with design guidelines or other requirements under this Chapter (in which case, a new application fee must be paid). The Director shall approve or deny the revised application within thirty (30) days of receipt of the revised application. The subsequent review by the Director shall be limited to the deficiency cited in the original denial and any material changes to the application made to cure any identified deficiencies. 5) If the Director fails to act on an application within the review period provided in subsection 6) above, the applicant shall immediately provide the Director written notice that the time period for acting has lapsed, and the Director then has twenty (20) days after receipt of such notice when which to render its written decision, if the Director fails to do so, the application is then deemed approved by passage of time and operation of law. The applicant shall provide notice to the Director at least seven (7) days prior to beginning construction or collocation pursuant to a permit issued to a deemed approved application, and such notice shall not be construed as an additional opportunity for objection by the Director or other entity to the deployment. 6) Any party with standing aggrieved by decision of the Director, may appeal the decision pursuant to PMC Chapter 2.19. B) Review of Facilities. 1) Review of the site locations proposed by the applicant shall be governed by the provisions of this Chapter, State law, and Federal statutes and regulations, as well as applicable case law. Applicants for franchises and the Small Cell Permits (Master Permits) which implement the franchise shall be treated in a competitively neutral and non-discriminatory manner with other service providers utilizing supporting infrastructure which is functionally equivalent, that is, service providers whose facilities are similarly situated in terms of structure, placement or cumulative impacts. Franchise and Small Cell Permit review under this Chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services. 2) Review of eligible facilities requests. Notwithstanding any of the provisions of this Chapter, the City shall approve within sixty (60) days of the determination of a completed application and may not deny applications for eligible facilities requests according to the procedures established under 47 CFR 1.40001(c). Page 45 of 199 Ordinance – Small Cell Tower Deployment - 8 C) Underground Utility Requirements. Compliance with nondiscriminatory undergrounding requirements that prohibit electric, telecommunications, and cable providers from installation a vertical or pole structures in the public right-of-way without prior discretionary review and approval in areas zoned for single-family residential and downtown commercial, provided, however, such requirement shall not prohibit the replacement of existing structures. Horizontal runs shall be placed underground in all areas where electric, telecommunications, and cable lines are underground, unless otherwise approved by the Director, or designee, in connection with temporary installations. The above requirements are supplementary to those requirements for undergrounding as provided in Chapter 15.70. D) Sufficient Available Right-of-Way. The City shall have the power to establish reasonable limitations on the placement of new or additional facilities within specific congested segments of the public right-of-way if there is insufficient space to accommodate all of the requests of applicants to safely and efficiently occupy the right-of-way. The City shall strive to the extent possible to accommodate all existing users and potential users of the public right-of- way, but shall be guided primarily by considerations of the public interest, the public’s need for the particular utility or other service, the width and physical condition of the public right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the public right-of-way, and future plans for public improvements (including right-of-way widening), and development projects which have been determined to be in the public’s interest. E) Expedited Review. An applicant that has an existing franchise, or a pending franchise application electing to seek expedited review for the location of one or more small wireless facilities on a previously approved communications facility having the capacity to house joint location of multiple wireless providers meeting the development standards provided in PMC 15.100.050 and PMC 15.100.060, and provided the RF certification and the regulatory authorization as required by PMC 15.100.030(6) and PMC 15.100.030(7) shall be granted a small cell permit within thirty (30) days of a completed application and proof of compliance with the requirements above. 15.100.050 DEVELOPMENT STANDARDS – SMALL WIRELESS FACILITIES. A) Maximum Size of Permitted Use. Small wireless facilities and new, modified, or replacement poles, towers, and support structures (subject to the further limitation for replacement of support structure as defined in PMC 15.10.025(AD)) to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use in accordance with Section 15.100.020 subject to the following requirements: 1) Each new, modified, or replaced pole, tower, or support structure installed in the public right-of-way shall not: (a) Exceed five (5) feet above the tallest existing pole, tower, or support structure (not exceeding fifty (50) feet) as of the effective date of this Chapter, and located within five hundred (500) feet of the new proposed pole, support structure. Page 46 of 199 Ordinance – Small Cell Tower Deployment - 9 (b) Ten (10) feet on any utility distribution pole where required by the electrical utility separation requirements; or (c) Fifty (50) feet above ground level, whichever is greater. (d) Be no closer than three hundred (300) feet from an existing communications facility. B) Minor Deviations. 1) The Director may authorize minor deviations in the Small Cell Permit from the dimensional design and concealment technologies referenced in the franchise or design standard. 2) A deviation in height of the pole up to ten (10) above the height of the existing pole, by the franchise may be permitted. 3) Deviations in the dimensions or volume of small cell facilities which do not exceed the cumulative total provided by the definition of a small cell facility in RCW 80.36.375 may be considered a minor deviation when an applicant replaces components of an existing, approved small cell facility. Similarly, the addition of antennae on a pole, not to exceed a cumulative total of six (6) cubic feet shall be considered a minor deviation. Provided, however, that in each instance the new or revised facilities shall not defeat the concealment features set by the City’s generally applicable pole design standard adopted pursuant to the franchise. 4) Small Cell Permits to install facilities approval of minor deviations shall be processed within ninety (90) days of receipt of a complete application and final approval of a franchise, whichever occurs last. 5) The decision of the Director to approve a Small Cell Permit with a minor deviation, if any, shall be final. C) Significant Deviations. Any request for significant deviations from the approved small cell facilities design designated in the franchise, Small Cell Permit or City’s design standards shall be considered under the provisions of PMC 25.86 “Special Permits”, and if applicable, pursuant to the timeliness established by Chapter 15.100. An applicant seeking approval of a new pole or a replacement pole in a restricted zone or undergrounded areas, shall be subject to the same review process pursuant to Chapter 25.86 PMC. D) Subject to the City’s rights to additional ducts or conduits provided by RCW 35.99.070, leasing of excess space in ducts, conduits, and on a pole is a matter between interested parties (subject to any applicable pole attachment regulations and any other applicable statutory, regulatory or contractual obligations); however, lessees of such physical facilities must still comply with the terms of this Chapter, unless otherwise expressly exempted by the City. Page 47 of 199 Ordinance – Small Cell Tower Deployment - 10 E) Discretionary Review Requirements. Unless an applicant seeks to install a communication facility that conforms to the specific uses, size, height, and separation limitations as set forth above, or involves ordinary maintenance, repairs and replacement, the application shall be subject to the provisions of PMC 25.86 “Special Permits”, and subject to the City’s design standards and regulations applicable to the construction or placement of such facilities. F) Additional Right-of-Way Franchise Standards. In addition to the standards provided in this Chapter, any permit issued under this Chapter shall be subject to the requirements of PMC 15.70. G) Limitations on Location. No small wireless facility may be located upon any traffic control device, traffic signal poles, poles supporting traffic or pedestrian flashers, beacons or signs, or any wireless facility which would impede the visibility of a traffic control device or create a hazard to other users of the right-of-way. 15.100.060 DESIGN STANDARDS – SMALL WIRELESS FACILITIES. In addition to those standards defined by PMC 15.10.025(AG) and PMC 15.100.050, small wireless facility structures, communications facilities and wireless facilities shall conform to the design standards for small cell tower deployment adopted by the City and incorporated herein by this reference as Exhibit A. 15.100.070 TARGET AREAS: The following areas are designated as “target areas” where the City has identified the areas having historic value, expended significant public investment to promote development, requiring the placement of all utilities underground and developed in aesthetic design, or where adding new structures in the right-of-way can present significant risk to vehicle, safety and pedestrian access requiring a consistent aesthetic structure. The target areas are designated as follows: A) Downtown target area including that area west of west side of Tacoma Street; east of the west side of 10th Avenue; north of the south side of Columbia Street and south of the south side of Bonneville Street; B) Court Street/Sylvester Streets west of the west side of 1st Avenue and east of the west side of Road 40; C) 20th Avenue both side of Pearl Street and north of Lewis Street and also south of Lewis Street and north of “A” Street; D) 3rd Avenue both sides south of the roundabout and north of Columbia Street; E) 4th Avenue both sides south of the SR 12 Overpass and north of “A” Street; F) Lewis Street both sides west of 20th Avenue and east of the US 395 off-ramp; and G) The I-182 corridor as defined in PMC 25.130.020. Page 48 of 199 Ordinance – Small Cell Tower Deployment - 11 15.100.080 GRANT OF PERMIT. A) Authority Granted - - No Property Right or Other Interest Created. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this Chapter, and does not create a public right or grant authority to the applicant to impinge on the rights of others who may already have an interest in the public right-of-way. B) Duration. No permit for construction issued under this Chapter shall be valid for a period longer than twelve (12) months unless construction has been commenced within twelve (12) months of issuance of the permit, and is thereafter diligently pursued to completion. C) No Master Permits, franchise, or small cell permit be assigned, transferred, sublet or licensed for the use of any other entity without the prior written consent of the City which will not be unreasonably denied, conditioned, or withheld subject to those transfers as may be permitted by PMC 15.70.320. 15.100.090 EXCEPTIONS. Notwithstanding anything to the contrary in this Chapter, the following facilities are not subject to the provisions of this Chapter: A) Antennas used by residential households solely for broadcast radio and television receptions. B) Satellite antennas used solely for residential or household purposes. C) Television and AM/FM radio broadcast towers and associated facilities. 15.100.100 VIOLATIONS OF THIS CHAPTER. Violations of this Chapter shall constitute a Class 1 civil infraction which each day of violation constituting a separate offense. In addition to the remedy provided herein, the City may seek all remedies available in law or equity including injunctive relief and damages, including reasonable attorney fees and costs. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 49 of 199 Ordinance – Small Cell Tower Deployment - 12 Page 50 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 1 ORDINANCE NO. ____________ AN ORDINANCE of the City of Pasco, Washington, Creating PMC Chapter 15.110 “Small Cell Tower Deployment Outside the Public Right-of-Way” WHEREAS, the City in its efforts to increase the benefits to both commerce within thin the City and the quality of life of its citizens that may be enhanced by wireless broadband communications and especially to facilitate the availability of the services provided by 4G and 5G capacities; and WHEREAS, implementation of such services requires the implementation and deployment of small cell facilities within the City; and WHEREAS, procedures and conditions for the location of such small cell facilities within the public right-of-ways has been adopted, and a consistent, uniform, and efficient means for permitting small cell facilities upon property and structures outside of the public right-of-way and for such purposes, the City has by this Ordinance established the procedures for application, implementation, deployment, and regulation of small cell tower deployment throughout the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 15.110 entitled “Small Cell Tower Deployment Outside the Public Right-of-Way” of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: Chapter 15.110 SMALL CELL TOWER DEPLOYMENT OUTSIDE THE PUBLIC RIGHT-OFWAY Sections: 15.110.010 Purpose and Goal. 15.110.020 Permitted Communication Facility – Administrative Review. 15.110.030 Action on Administrative Review Applications. 15.110.040 Review Process. 15.110.050 Development Standards – Small Wireless Facilities. 15.110.060 Design Standards – Small Wireless Facilities. 15.110.070 Temporary and Emergency Installations. 15.110.080 “Dig Once” Requirements. 15.110.090 Duration. 15.110.100 Exceptions 15.110.110 Violations of this Chapter. Page 51 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 2 15.110.010 PURPOSE AND GOAL. A) The purpose of this Chapter is to provide a process for permitting the deployment of small cell and microcell technology within the City of Pasco upon that property and structures that are not located within the public right-of-way by: 1) Providing a permitting system for service providers to acquire a permit to deploy small cell technology upon private properties and structures. 2) Establish design standards for facilities for independent, collocation, and joint location upon private properties and structures. 3) Establish development standards to provide compatibility for the surrounding uses. 4) Provide for an expedited process of review and permitting. 15.110.020 PERMITTED COMMUNICATIONS FACILITY – ADMINISTRATIVE REVIEW. A) Permit Required. No person shall place a communications facility or small wireless facility, or perform any construction activities without first filing an application for and obtaining a small cell permit. B) Permitted Use. The following uses outside the public right-of-way , on privately- owned property (including within any utility easement, to the extent expressly set forth below), shall be a permitted use, subject to administrative review only and issuance of a permit, and subject to applicant’s legal right to install and operate the communications facility on the property or structure: 1) Collocation of a small wireless facility or a collocation that qualifies as an eligible facilities request on privately-owned property including, without limitation, within a utility easement, consistent with the height and other limitations set forth in PMC 15.100.050. 2) Modification of a pole, tower or support structure, or replacement of a pole or tower, for collocation of a communications facility on privately-owned property (including within a utility easement that contains other existing poles) that qualifies as an eligible facilities request or involves a small wireless facility that does not exceed the limitations set forth in PMC 15.100.050. All other such modifications or replacements are subject to the provisions of PMC 25.86 “Special Permits”, and subject to the City’s design standards and regulations applicable to the construction or placement of such facilities. Page 52 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 3 3) Construction of a new pole (or monopole tower), within a utility easement on which there currently exist adjacent poles that are unavailable for joint or collocation due to structural, accessibility or other reasons, to be used for joint or collocation of a small wireless facility (that does not exceed the maximum height set forth in PMC 15.100.050), and the new pole (or monopole tower) is similar in design, size and scale to those of the existing, adjacent poles. 4) Construction of a communications facility, other that those set for above in this section, involving the installation of coaxial, fiber-optic or other cabling, that is installed underground (direct buried or in conduit) or, aboveground between two or more polies or a pole and a tower and/or support structure, and related equipment and appurtenances. 5) All other types of communications facility under PMC Title 15, for which installation is permitted with administrative review alone. 6) Joint location of the facility within, or upon an existing communications facility within the pre-approved, or previously approved facility location, and meeting the design specifications provided herein. C) Proprietary or Confidential Information of Applicant. The City shall make accepted applications publicly available to the extent required by RCW 42.56 (Public Records Act). City shall designate portions of its application materials that it reasonably believes contains proprietary or confidential information as “proprietary” or “confidential” by clearly marking each portion of such materials accordingly. In the event of a public records request for such marked materials, the City shall provide the applicant notice to seek Court protection of such records pursuant to RCW 42.56.540. D) Administrative Review Application Requirements. The application shall be made by the applicable service provider or its duly authorized representative and shall contain the following: 1) The applicant’s name, address, telephone number, and e-mail address including emergency contact information for the applicant. 2) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the City with respect to the filing of the application. 3) Specific location information including GIS coordinates for all facilities, and a general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work performed. Page 53 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 4 4) Detailed construction drawings regarding the proposed facility. 5) Conduit and/or ground-mounted equipment necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from an infrastructure provider. 6) To the extent the proposed facility involves collocation on a pole, tower, or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower, or support structure will structurally support the collocation (or that the pole, tower, or support structure will be modified to meet the structural requirements) in accordance with applicable codes. 7) For any aboveground facilities, visual depictions or representations, if not included in the construction drawings, and for new aboveground facilities before and after photo simulations. 8) If a preapproved facility for joint location exists within, or within 300 feet of the specific location information identified in subsection 3) above, whether space is available for the applicant’s small wireless facility and demonstrated technical evidence justifying the applicant’s failure to utilize such site. E) Ordinary Maintenance and Replacement. An application shall not be required for ordinary maintenance, repair, and replacement, other than to the extent required for applicable permits required under this Code. F) Information Updates. Any material change to information contained in an application shall be submitted in writing to the City within thirty (30) days after the change necessitating the amendment. G) Applicable Fees. Unless otherwise provided by applicable laws, all applications for a facility shall be accompanied by the fees as provided in PMC 3.07.105. 15.110.030 ACTION ON ADMINISTRATIVE REVIEW APPLICATIONS. A) Review of Applications for Administrative Review. The City shall review the application in light of its conformity with the applicable provisions of this Chapter, and shall issue a permit on nondiscriminatory terms and conditions subject to the following review: 1) The Director may approve Small Cell Permit application submitted in compliance with this Chapter. The Director may approve batched applications of up to twenty (20) sites specified in one Small Cell Permit application for processing. The Director may approve up to ten (10) additional sites in order to consider small cell sites within one logical service area in one application. Page 54 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 5 2) If more than one application for a Small Cell Permit is submitted by an applicant, they shall be considered in the order received. If multiple applications are submitted on the same date, the applicant shall indicate which application should be considered first. Any element of a deployment which qualifies as either an Eligible Facilities Request or a collocation shall be specifically designated by the applicant and may be addressed separately by the Director in order to comply with the shot clocks established by Federal law. 3) The Director may approve, deny, or conditionally approve all or any portion of the sites proposed in the Small Cell Permit application. 4) Any application for a Small Cell Permit which contains an element which is not exempt from SEPA review shall comply with the mitigation conditions of any applicable Mitigated Declaration of Nonsignificance (MDNS) or shall simultaneously apply with the requirements of Chapter 43.21C RCW and PMC Title 23. 5) RF Certification. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of the proposed project affirming that the small cell deployment will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility will operate. If facilities necessary to the Small Cell Deployment are to be provided by another franchisee, then the Small Cell Deployment are to be provided by another franchises, then the Small Cell Deployment in the initial franchise or in a subsequent Small Cell Permit shall be conditioned on an RF Certification showing the cumulative impact of the RF emissions on the entire installation. 6) Regulatory Authorization. Issuance of the Use Permit for the facilities shall also be contingent upon the applicant’s provision of proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. 15.110.040 REVIEW PROCESS. The following provisions relate to applications for a Small Cell Permit for non-public right-of-way location: A) Timing for Review. 1) Application. The Director shall within ten (10) days of receiving an application determine and notify the applicant whether the application is complete; or if an application is incomplete, the City must specifically identify the missing information, and may toll the approval as provided below. The applicant may resubmit the completed application within twenty (20) days without additional charge, and the subsequent review will be limited to the specifically identified missing information subsequently completed, except to the extent material changes to the proposed facility have been made by the Page 55 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 6 applicant (other than those requested or required by the City). In which case, a new application and application fee must be submitted. 2) Completion for Review. Within sixty (60) days of the date of determination of the completed application, the Director shall approve, approve with modifications, or deny an application for joint or collocation, and ninety (90) days for an application for a new communications facility structure. 3) Tolling. Other than tolling the time for review resulting from an incomplete application, review may only be tolled by mutual agreement between the applicant and the City. 4) The Director must advise the applicant in writing of its final decision, and in the final decision document the basis for a denial, including specific code provisions and/or regulations on which the denial was based. The decision to deny the application shall be in writing and supported by substantial evidence contained in a written record, publicly released, and sent to the applicant. The written decision, supported by such substantial evidence, shall constitute final action by the City. The review period or “shot clock” shall run until the written decision, supported by substantial evidence, is released and sent to the applicant contemporaneously. The applicant may cure the deficiencies identified by the Director and resubmit the application within thirty (30) days of the denial without paying an additional application fee unless denial was issued due to noncompliance with design guidelines or other requirements under this Chapter (in which case, a new application fee must be paid). The Director shall approve or deny the revised application within thirty (30) days of receipt of the revised application. The subsequent review by the Director shall be limited to the deficiency cited in the original denial and any material changes to the application made to cure any identified deficiencies. 5) If the Director fails to act on an application within the review period provided in subsection 4) above, the applicant shall immediately provide the Director written notice that the time period for acting has lapsed, and the Director then has twenty (20) days after receipt of such notice when which to render its written decision, if the Director fails to do so, the application is then deemed approved by passage of time and operation of law. The applicant shall provide notice to the Director at least seven (7) days prior to beginning construction or collocation pursuant to a permit issued to a deemed approved application, and such notice shall not be construed as an additional opportunity for objection by the Director or other entity to the deployment. 6) Any party with standing aggrieved by decision of the Director, may appeal the decision pursuant to PMC Chapter 2.19. B) Review of Facilities. 1) Review of the site locations proposed by the applicant shall be governed by the provisions of this Chapter, State law, and Federal statutes and regulations, as well Page 56 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 7 as applicable case law. Applicants for Small Cell Permits shall be treated in a competitively neutral and non-discriminatory manner with other service providers utilizing supporting infrastructure which is functionally equivalent, that is, service providers whose facilities are similarly situated in terms of structure, placement or cumulative impacts. Small Cell Permit review under this Chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services. 2) Review of eligible facilities requests. Notwithstanding any of the provisions of this Chapter, the City shall approve within sixty (60) days of the determination of a completed application and may not deny applications for eligible facilities requests according to the procedures established under 47 CFR 1.40001(c). C) Underground Utility Requirements. Compliance with nondiscriminatory undergrounding requirements that prohibit electric, telecommunications, and cable providers from installation a vertical or pole structures in the public right-of-way without prior discretionary review and approval in areas zoned for single-family residential and downtown commercial, provided, however, such requirement shall not prohibit the replacement of existing structures. Horizontal runs shall be placed underground in all areas where electric, telecommunications, and cable lines are underground, unless otherwise approved by the Director, or designee, in connection with temporary installations. The above requirements are supplementary to those requirements for undergrounding as provided in Chapter 15.70. D) Expedited Review. An applicant that has an existing franchise, or a pending franchise application electing to seek expedited review for the location of one or more small wireless facility on a previously approved communications facility having the joint location capacity to house multiple wireless providers meeting the development standards provided in PMC 15.100.050 and PMC 15.100.060, and provided the RF certification and the regulatory authorization as required by PMC 15.100.030(6) and PMC 15.100.030(7) shall be granted a small cell permit within thirty (30) days of a completed application and proof of compliance with the requirements above. 15.110.050 DEVELOPMENT STANDARDS – SMALL WIRELESS FACILITIES. A) Maximum Size of Permitted Use. Small wireless facilities and new, modified, or replacement poles, towers, and support structures (subject to the further limitation for replacement of support structure as defined in PMC 15.10.025(AD)) to be used for collocation of small wireless facilities may be placed upon private properties or structures as a permitted use in accordance with Section 15.110.020 subject to the following requirements: 1) Each new, modified, or replaced pole, tower, or support structure installed shall not: (a) Exceed five (5) feet above the tallest existing structure, pole, tower, or support structure (not exceeding fifty (50) feet) as of the effective date Page 57 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 8 of this Chapter, and located within five hundred (500) feet of the new proposed pole, support structure. (b) Ten (10) feet on any utility distribution pole where required by the electrical utility separation requirements. (c) The maximum height limitation as permitted in the zone, or zones, on which the facility is to be located. (d) Be no closer than three hundred (300) feet from an existing communications facility. B) Minor Deviations. 1) The Director may authorize minor deviations in the Small Cell Permit from the dimensional design and concealment technologies referenced in the franchise or design standard. 2) A deviation in height of the pole up to ten (10) above the height of the existing pole may be permitted. 3) Deviations in the dimensions or volume of small cell facilities which do not exceed the cumulative total provided by the definition of a small cell facility in RCW 80.36.375 may be considered a minor deviation when an applicant replaces components of an existing, approved small cell facility. Similarly, the addition of antennae on a pole, not to exceed a cumulative total of six (6) cubic feet shall be considered a minor deviation. Provided, however, that in each instance the new or revised facilities shall not defeat the concealment features set by the City’s generally applicable pole design standards. 4) Small Cell Permits to install facilities approval of minor deviations shall be processed within ninety (90) days of receipt of a complete application and final approval of a permit, whichever occurs last. 5) The decision of the Director to approve a Small Cell Permit with a minor deviation, if any, shall be final. C) Significant Deviations. Any request for significant deviations from the approved small cell facilities design, Small Cell Permit or City’s design standards shall be considered under the provisions of PMC 25.86 “Special Permits”, and if applicable, pursuant to the timeliness established by Chapter 15.100. An applicant seeking approval of a new pole or a replacement pole in a restricted zone or undergrounded areas, shall be subject to the same review process pursuant to Chapter 25.86 PMC. Page 58 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 9 D) Subject to the City’s rights to additional ducts or conduits provided by RCW 35.99.070, leasing of excess space in ducts, conduits, and on a pole is a matter between interested parties (subject to any applicable pole attachment regulations and any other applicable statutory, regulatory or contractual obligations); however, lessees of such physical facilities must still comply with the terms of this Chapter, unless otherwise expressly exempted by the City. E) Discretionary Review Requirements. Unless an applicant seeks to install a communication facility that conforms to the specific uses, size, height, and separation limitations as set forth above, or involves ordinary maintenance, repairs and replacement, the application shall be subject to the provisions of PMC 25.86 “Special Permits”, and subject to the City’s design standards and regulations applicable to the construction or placement of such facilities. F) Site Development Requirements. The site, consistent with the zoning requirements of the district in which the facility shall be located, shall include: 1) Default setbacks. (a) Ground-mounted equipment for wireless facilities, including any buildings, cabins or shelters, shall be used only to house equipment and other supplies in support of the operation of the wireless facility or tower. Any equipment not used in direct support of such operation shall not be stored on the site. (b) Ground-mounted equipment for wireless facilities must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the City 2) Lighting and marking. (a) Towers shall not be lighted or marked unless required by, and compatible with requirements of, the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). (b) In all districts, appropriate security lighting meeting generally applicable standards for security lighting for the district shall be permitted. 3) Fencing/landscaping/signage. (a) Fencing. (1) Towers shall be secured and enclosed within a fence not less than six (6) feet in height or as permitted within the zoning designation for the site. Page 59 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 10 (2) The City may waive the requirements of subsection (1) above if it is deemed that a fence is not appropriate or needed at the proposed location. (3) For locations where decorative fencing is otherwise required, the City may allow chain link fence if decorative fence poses a risk for security or vandalism. (4) For towers located within a floodplain where the ground equipment will be elevated on platforms, the City may waive any decorative fencing requirements in favor of chain link. (b) Landscaping. In all zoning districts, the City shall have the authority to impose reasonable landscaping requirements surrounding any ground- mounded equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The City may choose to not require landscaping for sites that are not visible from the public right-of-way or adjacent property or in instances where in the judgment of the City, landscaping is not appropriate or necessary. (c) Signage. Signs located shall be limited to ownership and contact information, FCC antenna registration number (if required), and any other information as required by government regulation. Commercial advertising is strictly prohibited. (d) Other decision factors. (1) Collocation analysis. (2) Alternative site analysis. 15.110.060 DESIGN STANDARDS – SMALL WIRELESS FACILITIES. In addition to those standards defined by PMC 15.10.025(AG) and PMC 15.100.050, small wireless facility structures, communications facilities and wireless facilities shall conform to the design standards for small cell tower deployment adopted by the City and incorporated here by this reference as Exhibit A. 15.110.070 TEMPORARY AND EMERGENCY INSTALLATIONS. A) A deployable may be operated for a period of not more than one hundred twenty (120 days), when operated in connection with a special event after issuance by the City of a permit based upon a discretionary review only. Deployables operated in conjunction with a special event shall meet reasonable setbacks determined by the Director; shall be subject to receipt of a valid building permit, if applicable; shall meet uniform fire code requirements; and shall be removed within 72 hours of completion of the event. Page 60 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 11 B) Deployables may be operated in any zoning district after a declaration of an emergency or a disaster by an authority executive. 15.110.080 “DIG ONCE” REQUIREMENTS. Requirements for New Developments. A) For all new commercial, residential, mixed use and other significant planned developments within the City, the Community Development Department and the Public Works Department may require that the project developer makes sufficient accommodation for the deployment of a small wireless facility within the development as a condition of permitting, and coordinate with providers who operate, or have applied for, facilities in the City either through the Community Development and the Public Works Departments or ensure the public right-of- way and any planned utility easements are adequate to accommodate the deployment of both aboveground and underground communications facilities. Specifically, planned utility easements should allow for an adequate number of huts, utility poles and other structures, as well as below-ground conduit, to adequately serve current and anticipated communications facilities. Access to easements should be provided to providers on a nondiscriminatory basis and at a reasonable cost, or pursuant to applicable laws. B) For instances where a project developer chooses to install conduit for below- ground communications facilities, the developer should be encouraged or required to provide on a nondiscriminatory basis and reasonable cost access to the planned utility easement areas. In addition, access to easements and trenches should be made available to providers as early in the development cycle as possible to minimize installation costs and disruption to residents, businesses, institutions and governments, and their property. The project developer should be encouraged to promote coordination among providers and other utilities so that each can benefit from the other’s construction activities to allow timely and efficient access. C) The City may request additional conduits and ducts to accommodate future development as provided by RCW 35.99.070. 15.110.090 DURATION. No permit for construction issued under this Chapter shall be valid for a period longer than twelve (12) months unless construction has been commenced within twelve (12) months of issuance of the permit, and is thereafter diligently pursued to completion. 15.110.100 EXCEPTIONS. Notwithstanding anything to the contrary in this Chapter, the following facilities are not subject to the provisions of this Chapter: A) Antennas used by residential households solely for broadcast radio and television receptions. B) Satellite antennas used solely for residential or household purposes. C) Television and AM/FM radio broadcast towers and associated facilities. Page 61 of 199 Ordinance – Small Cell Tower Deployment Outside the Public Right-of-Way - 12 15.110.110 VIOLATIONS OF THIS CHAPTER. Violations of this Chapter shall constitute a Class 1 civil infraction which each day of violation constituting a separate offense. In addition to the remedy provided herein, the City may seek all remedies available in law or equity including injunctive relief and damages, including reasonable attorney fees and costs. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 62 of 199 City of Pasco Small Cell Infrastructure Design Standards Department of Public Works Engineering Division January 2019 Page 63 of 199 Contents 1 Background and Purpose .................................................................................................................................. 1 1.1 Type 1 Attachments to Utility Poles ....................................................................................................... 2 1.2 Type 2 Small Cell on Existing Wooden Pole with Streetlight ............................................................. 3 1.3 Type 3 Combination Small Cell and Streetlight .................................................................................... 4 1.4 Type 4 Freestanding Small Cell ............................................................................................................... 7 2 Attachments to Utility Poles and Utility Lines .............................................................................................. 9 2.1 Purpose ....................................................................................................................................................... 9 2.2 General Guidance ...................................................................................................................................... 9 2.3 Utility Pole Small Cell Attachments Specification Overview ........................................................... 10 2.4 Strand Mounted Small Cell Attachments Specification Overview .................................................. 12 2.5 Small Cell Attachments to Utility Poles and Utility Lines Placement Requirements .................... 13 3 Attachments to Wooden Streetlight Poles .................................................................................................... 15 3.1 Purpose ..................................................................................................................................................... 15 3.2 General Guidance .................................................................................................................................... 15 3.3 Wooden Streetlight with Small Cell Specification Overview ............................................................ 16 Wooden Streetlight with Small Cell Placement Requirements ......................................................... 17 4 Combination Small Cell and Streetlight ....................................................................................................... 19 Purpose ..................................................................................................................................................... 19 General Guidance .................................................................................................................................... 19 Basis of Design ......................................................................................................................................... 19 4.3.1 Type 3A Combination Pole ........................................................................................................... 21 4.3.2 Type 3B Combination Pole ............................................................................................................ 22 4.3.3 Type 3C Combination Pole ........................................................................................................... 23 Combination Small Cell and Streetlight Specification Overview ..................................................... 24 Placement Requirements ........................................................................................................................ 27 5 Freestanding Small Cell Infrastructure ......................................................................................................... 29 5.1 Purpose ..................................................................................................................................................... 29 5.2 General Guidance .................................................................................................................................... 29 5.3 Basis of Design ......................................................................................................................................... 29 5.4 Freestanding Small Cell Specification Overview ................................................................................ 32 5.5 Placement Requirements ........................................................................................................................ 33 Appendix A: Details .............................................................................................................................................. A-1 Appendix B: Specifications.................................................................................................................................... B-1 Appendix C: Small Cell Infrastructure in Pasco ............................................................................................. C-1 Page 64 of 199 iii | P a g e List of Figures Figure 1-1: Unique streetlight assembly .................................................................................................................. 1 Figure 1-2: Type 1B - Strand Mounted Shroud ....................................................................................................... 2 Figure 1-3: Type 1A - Utility Pole Mounted Shroud .............................................................................................. 2 Figure 1-4: Type 2 - Attachment to Wooden Streetlight Pole ............................................................................... 3 Figure 1-5: Type 3A - Combination Pole with Cantenna ...................................................................................... 4 Figure 1-6: Type 3B - Combination Pole with Shroud ........................................................................................... 5 Figure 1-7: Type 3C - Combination Pole with Cantenna and Equipment Shroud ............................................ 6 Figure 1-8: Type 4 - Freestanding Small Cell .......................................................................................................... 7 Figure 2-1: Utility Pole Attachment ........................................................................................................................ 10 Figure 2-2: Strand Mounted Attachment ............................................................................................................... 12 Figure 3-1: Attachment to Wooden Streetlight Pole ............................................................................................ 15 Figure 4-1: Unacceptable Type 3 Installation ........................................................................................................ 20 Figure 4-2: Acceptable Type 3 Installation ............................................................................................................ 20 Figure 4-3: Type 3A - Combination Pole with Cantenna .................................................................................... 21 Figure 4-4: Type 3B - Combination Pole with Equipment Shroud .................................................................... 22 Figure 4-5: Type 3C - Combination Pole with Cantenna and Equipment Shroud .......................................... 23 Figure 5-1: Freestanding Small Cell Pole ............................................................................................................... 29 Figure 5-2: Unacceptable Type 4 Installation ........................................................................................................ 30 Figure 5-3: Acceptable Type 4 Installation ............................................................................................................ 30 Figure 5-4: Freestanding Small Cell Assembly ..................................................................................................... 31 Figure 5-5: Freestanding Small Cell spacing radius ............................................................................................. 34 Figure 5-6: Freestanding small cell in amenity zone ............................................................................................ 35 Figure 5-7: Standalone Small Cell sight-line requirements ................................................................................. 35 Figure 5-8: Freestanding small cell location between property and trees ......................................................... 36 Figure 5-9: Freestanding Small Cell between property lines .............................................................................. 36 Figure 5-10: Small Cell in Commercial Area ......................................................................................................... 37 List of Tables Table 2-1: Small Cell Attachments to Utility Pole Specification Overview ...................................................... 11 Table 2-2: Small Cell Attachments to Utility Pole and Utility Lines Specification Overview ........................ 13 Table 3-1: Wooden Streetlight Attachments Specification Overview ................................................................ 16 Table 4-1: Streetlight Specification Overview ....................................................................................................... 24 Table 4-2: Equipment Cabinet Specification Overview ....................................................................................... 25 Table 4-3: Upper Pole Specification Overview ..................................................................................................... 26 Table 4-4: Cantenna Specification Overview ........................................................................................................ 26 Table 5-1: Freestanding Small Cell Infrastructure Specification Overview ...................................................... 32 Page 65 of 199 Page 66 of 199 1 | P a g e BACKGROUND AND PURPOSE 1 BACKGROUND AND PURPOSE Numerous wireless providers and wireless infrastructure companies have been contacting the City of Pasco with requests to locate small cell facilities in the public right of way (ROW). These low-powered antennas provide cellular and data coverage to supplement the provider’s cellular network. New small cell towers will improve the providers ability to meet current and future cellular needs. The purpose of this document is to establish Standards for installing small cell equipment and poles in the City of Pasco’s right of way. Figure 1-1: Unique streetlight assembly These Small Cell Design Standards provide aesthetic requirements and specifications that all small cell towers installed within the public ROW must meet prior to installation in the City of Pasco (Pasco). Small cells not installed within the public ROW are not bound to the requirements of this guide; although, the public ROW small cell Standards may inform these installations. Network Providers shall consider the aesthetics of the existing streetlights and neighborhoods adjacent to proposed small cell locations prior to submitting an application to Pasco. New small cells shall match the existing streetlight aesthetics when installed in a Special District or neighborhood with unique streetlight assemblies. Unique assemblies may include mast arms, decorative pole bases, architectural luminaires, mounting heights, pole colors, etc. that deviate from these Standards. An example of a unique streetlight can be found in Figure 1-1. Pasco must approve all small cell installations that deviate from these guidelines. Four different types of small cell installations are permitted within Pasco. These types include attachments to utility poles and utility lines, attachments to wooden utility poles, removal and replacement of existing streetlights, and new freestanding installations. An overview of each type is shown in Sections 1.1 through 1.4. Deviations from these Standards shall be approved by Pasco prior to installation. Chapter 1 Page 67 of 199 2 | P a g e City of Pasco Small Cell Infrastructure Design Standards 1.1 Type 1 Attachments to Utility Poles The Attachments to Utility Poles chapter establishes the specification requirements and design guidelines for small cell equipment that will be attached to existing wooden utility poles located in the Pasco’s Right of Way. Figure 1-2 and Figure 1-3 below show both a pole mounted enclosure and strand mounted enclosure. Figure 1-2: Type 1B - Strand Mounted Shroud Figure 1-3: Type 1A - Utility Pole Mounted Shroud FRANKLIN PUD ENERGY METER WITH DISCONNECT Page 68 of 199 3 | P a g e City of Pasco Small Cell Infrastructure Design Standards 1.2 Type 2 Small Cell on Existing Wooden Pole with Streetlight The Attachments to Wooden Streetlight Pole chapter establishes the specification requirements and design guidelines for small cell equipment that will be attached to existing wooden streetlight poles within the public ROW. Figure 1-4: Type 2 - Attachment to Wooden Streetlight Pole FRANKLIN PUD ENERGY METER WITH DISCONNECT Page 69 of 199 4 | P a g e City of Pasco Small Cell Infrastructure Design Standards 1.3 Type 3 Combination Small Cell and Streetlight The Combination Small Cell and Streetlight Assembly chapter establishes requirements when removing existing metal streetlight poles in the public ROW and replacing with combination small cell and streetlight poles. Three variations of the combination pole are shown in Figure 1-5 through Figure 1-7. Only one carrier may be installed per pole. Small Cell Type 3A, shown in Figure 1-5, in intended for a single carrier installation. This pole type includes a cantenna and no externally mounted equipment. Figure 1-5: Type 3A - Combination Pole with Cantenna Page 70 of 199 5 | P a g e City of Pasco Small Cell Infrastructure Design Standards A Type 3 combination pole with a single external shroud mounted to the pole will be allowed in place of a cantenna. The shroud shall be strapped to the pole in such a way that the wiring, cables, and equipment is be hidden from view. The shroud shall be colored to match the pole. Figure 1-6: Type 3B - Combination Pole with Equipment Shroud Page 71 of 199 6 | P a g e City of Pasco Small Cell Infrastructure Design Standards A Type 3 combination pole with both a cantenna and a single shroud mounted to the pole is allowed when various small cell technologies (ie: LTE and 5G) provided by a single carrier are installed on the same pole. The shroud shall be strapped to the pole in such a way that the wiring, cables, and equipment is be hidden from view. The cantenna and shroud shall be colored to match the pole. Figure 1-7: Type 3C - Combination Pole with Cantenna and Equipment Shroud Page 72 of 199 7 | P a g e City of Pasco Small Cell Infrastructure Design Standards 1.4 Type 4 Freestanding Small Cell The Freestanding Small Cell chapter establishes specification requirements and design guidelines for installing privately-owned freestanding small cell poles in the public ROW. Figure 1-8: Type 4 - Freestanding Small Cell Page 73 of 199 8 | P a g e City of Pasco Small Cell Infrastructure Design Standards [This page intentionally left blank] Page 74 of 199 9 | P a g e ATTACHMENTS TO UTILITY POLES AND LINES 2 ATTACHMENTS TO UTILITY POLES AND UTILITY LINES 2.1 Purpose This chapter of the Guide is to be used when locating small cell attachments on existing utility poles or utility lines. Refer to Chapter 3 for projects involving existing wooden streetlight small cell attachments. 2.2 General Guidance Refer to Chapter 2 for information regarding small cell equipment that will be attached to existing utility poles and utility lines. All attachments to utility poles shall be approved by Pasco and Franklin PUD prior to installation. All equipment shall meet Franklin PUD’s utility requirements and Pasco’s Freestanding Small Cell Infrastructure ROW Permit Requirements. All small cell carrier equipment shall be shrouded. Only two enclosures including the disconnect and antenna shall be installed at each utility pole location. No ground mounted enclosures, including backup power supply, shall be allowed. All equipment located within the public ROW shall be located such that it meets ADA requirements and does not obstruct, impede, or hinder usual pedestrian or vehicular travel. All carrier equipment shall be removed and relocated at no cost to Pasco if Pasco or Franklin PUD decides to underground the utility lines in the future. The equipment must be removed within a reasonable time frame determined by Franklin PUD. A reasonable time frame refers to a period of time that does not delay the removal of the utility poles and lines. No strand-mounted small cell devices shall be installed on poles with mounted streetlights. Deviations from this guide shall be approved on a case-by-case basis by Pasco prior to installation Chapter 2 Page 75 of 199 10 | P a g e City of Pasco Small Cell Infrastructure Design Standards 2.3 Utility Pole Small Cell Attachments Specification Overview Prior to submitting a permitting application, Figure 2-1: Utility Pole Attachment the pole owner shall ensure the supporting poles are appropriately sized and have sufficient strength to accommodate the additional small cell equipment loads. The small cell equipment loads shall be provided by the network provider. A non-ionizing radiation electromagnetic radiation report (NIER) shall be submitted to the pole owner and retained on file for equipment type and model. The NIER report shall be endorsed by an Electrical PE licensed in the State of Washington. It shall specify minimum approach distances to the general public as well as electrical and communication works that are not trained for working in an RF environment (uncontrolled) when accessing the pole by climbing or bucket. All installations shall meet or exceed all applicable structural standards, clearance standards, and provisions of the latest National Electrical Safety Code (NESC), or applicable Pasco construction standards. In case of conflict, the most stringent requirements shall prevail. All necessary permits shall be obtained by the wireless carrier owner and provided to the pole owner and Pasco. FRANKLIN PUD ENERGY METER WITH DISCONNECT Page 76 of 199 11 | P a g City of Pasco Small Cell Infrastructure Design Standards Table 2-1: Small Cell Attachments to Utility Pole Specification Overview Utility Pole and Strand Mount Specification Overview Electrical Service Per Franklin PUD Grounding Per Franklin PUD’s requirements. Separation of Service All new electrical conduit and fiber shall be separated by Owner Utility Equipment Per Franklin PUD Equipment Color Visible attachments and hardware shall be colored to match pole, or colored gray (7047) if located on a wooden pole. Equipment Shroud 38”H x 16”W x 12”D maximum Only one equipment shroud, containing all required small cell equipment, shall be installed per pole. Except, one additional equipment shroud shall be allowed per pole if the antenna is located within the second equipment shroud. Equipment shall be located such that it meets the Americans with Disabilities Act of 1990 and does not obstruct, impede, or hinder the usual pedestrian or vehicular travel way. Cantenna If a cantenna is located on top of the pole the outer diameter shall be 14” maximum and the cantenna shall be no more than 5 feet tall, including antenna, radio head, mounting bracket, and all other hardware necessary for a complete installation. If the cantenna is mounted to the side of the pole it shall be located inside a shroud of 5.5 cubic feet maximum. The width, depth, or diameter of the shroud size shall not be greater than 16” (maximum). RF Equipment Disconnect Radio frequency equipment shall have a disconnect that meets or exceeds Fraklin PUD’s requirements. Pole Mounted Warning Label If required, radio frequency warning labels shall be mounted exterior to Carrier’s equipment. Strand Mounted Warning Label Radio frequency warning labels shall be mounted on the equipment, and clearly mark both sides of the enclosure and be visible from the ground, roadside, and field side. Owner Identification A 4-inch by 6-inch (maximum) plate with the Carrier’s name, location identifying information, and emergency telephone number shall be permanently fixed to the shroud. Page 77 of 199 12 | P a g e City of Pasco Small Cell Infrastructure Design Standards 2.4 Strand Mounted Small Cell Attachments Specification Overview Prior to submitting a permitting application, the strand owner shall ensure the supporting poles are appropriately sized and have sufficient strength to accommodate the additional equipment loads. A non-ionizing radiation electromagnetic radiation report (NIER) shall be submitted to the pole owner and retained on file for equipment type and model. The NIER report shall be endorsed by an Electrical PE licensed in the State of Washington. It shall specify minimum approach distances to the general public as well as electrical and communication workers that are not trained for working in an RF environment (uncontrolled) when accessing the pole by climbing or bucket. All installations shall meet or exceed all applicable structural standards, clearance standards, and provisions of the latest NESC or applicable Pasco construction standards. In case of conflict, the most stringent requirements shall prevail. All necessary permits shall be obtained by the wireless carrier owner and provided to the utility owner and Pasco. Aerial fiber and power strand installations are allowed even though Figure 2-2 shows an example of an undergrounded fiber and power installation. Figure 2-2: Strand Mounted Attachment FRANKLIN PUD ENERGY METER WITH DISCONNECT Page 78 of 199 13 | P a g City of Pasco Small Cell Infrastructure Design Standards Table 2-2: Small Cell Attachments to Utility Pole and Utility Lines Specification Overview Utility Pole and Strand Mount Specification Overview Electrical Service Per Franklin PUD Grounding Per Franklin PUD’s requirements. Separation of Service All new electrical conduit and fiber shall be separated by Owner Utility Equipment Per Franklin PUD Equipment Color Visible attachments and hardware shall be colored gray (RAL 7047) Strand Mount Equipment Shroud 5.5 cubic feet maximum strand mount equipment shroud. Only one equipment shroud shall be installed per permit location. RF Equipment Disconnect Radio frequency equipment shall have a disconnect that meets or exceeds Franklin PUD’s requirements. Pole Mounted Warning Label If required, radio frequency warning labels shall be mounted exterior to Carrier’s equipment. Strand Mounted Warning Label Radio frequency warning labels shall be mounted on the equipment, and clearly mark both sides of the enclosure and be visible from the ground, roadside, and field side. Owner Identification A 4-inch by 6-inch (maximum) plate with the Carrier’s name, location identifying information, and emergency telephone number shall be permanently fixed to the shroud. 2.5 Small Cell Attachments to Utility Poles and Utility Lines Placement Requirements Small cell shall be located such that all new equipment, including but not limited to Network Provider small cell equipment and Franklin PUD equipment, meets ADA requirements. Franklin PUD, and Pasco when applicable, shall approval all fiber and power source locations prior to installation. Page 79 of 199 14 | P a g e City of Pasco Small Cell Infrastructure Design Standards [This page intentionally left blank] Page 80 of 199 15 | P a g e City of Pasco Small Cell Infrastructure Design Standards ATTACHMENTS TO WOODEN STREETLIGHT POLES 3 ATTACHMENTS TO WOODEN STREETLIGHT POLES 3.1 Purpose This chapter of the Guide is to be used when locating small cell equipment on existing wooden streetlights. If an existing wooden streetlight pole, that small cell equipment is proposed upon, requires replacement it shall be required to replace said pole with a Type 3 installation. 3.2 General Guidance All attachments to wooden streetlights shall be approved by Pasco and Franklin PUD prior to installation. All equipment shall meet Franklin PUD’s utility requirements and the City of Pasco’s Freestanding Small Cell Infrastructure ROW Permit Requirements. All equipment located within the public ROW shall be located such that it meets ADA requirements and does not obstruct, impede, or hinder usual pedestrian or vehicular travel. All small cell carrier equipment shall be mounted behind a shroud. Only two shrouds, including the disconnect and antenna, shall be installed at each location. No ground mounted equipment, including backup power supply, shall be allowed. No small cell devices shall be installed without confirming that the intended installation has no impact on the streetlight’s operational performance. The lighting design shall meet the luminaire specifications and design requirements set forth in the City of Pasco Street Lighting Design Standards. These guidelines provide information about luminaire aesthetics, lighting criteria, typical streetlight spacing, specifications and details. The network provider shall provide all documentation required by the Street Lighting Design Standards to Pasco during the permitting process. All carrier equipment shall be removed and relocated at no cost to Pasco if Pasco or Franklin PUD decides to remove the wooden pole and streetlight in the future. The equipment must be removed within Refer to Chapter 3 for information about small cell equipment located in Pasco’s Right of Way and mounted to an existing wooden streetlight. Figure 3-1: Attachment to Wooden Streetlight Pole Chapter 3 FRANKLIN PUD ENERGY METER WITH DISCONNECT Page 81 of 199 City of Pasco Small Cell Infrastructure Design Standards 16 | P a g e a reasonable time frame determined by Franklin PUD. A reasonable time frame refers to a duration of time that does not delay the removal of the utility poles and lines. Deviations from this guide shall be approved on a case-by-case basis by Pasco prior to installation 3.3 Wooden Streetlight with Small Cell Specification Overview Prior to submitting a permitting application, the Network Provider shall ensure the supporting poles are appropriately sized and have sufficient strength to accommodate the additional small cell equipment loads. All installations shall meet or exceed all applicable structural standards, clearance standards, and provisions of the latest NESC or Pasco construction standards. In case of conflict, the most stringent requirements shall prevail. All necessary permits shall be obtained by the wireless carrier owner and provided to the pole owner and Pasco. A non-ionizing radiation electromagnetic radiation report (NIER) shall be submitted to the pole owner and retained on file for equipment type and model. The NIER report shall be endorsed by an Electrical PE licensed in the State of Washington. It shall specify minimum approach distances to the general public as well as electrical and communication workers that are not trained for working in an RF environment (uncontrolled) when accessing the pole by climbing or bucket. Table 3-1: Wooden Streetlight Attachments Specification Overview General Specification Overview Luminaire per Pasco Street Lighting Design Standards. Luminaire Mast Arm Per Franklin PUD’s lighting standards Luminaire Mounting Height All luminaires shall be the same height as surrounding streetlights Electrical Service Per Franklin PUD’s requirements Grounding Per Franklin PUD’s requirements Separation of Service All new electrical conduit and fiber shall be separated by Owner, in pull/splice boxes located adjacent to the wooden streetlight pole. Utility Equipment Per Franklin PUD’s requirements Color Small cell equipment shall be colored gray (RAL 7074). Equipment Shroud 49”H x 19”W x 13”D maximum Cantenna If a cantenna is located on top of the pole the outer diameter shall be 14” maximum and the cantenna shall be no more than 5 feet tall, including antenna, radio head, mounting bracket, and all other hardware necessary for a complete installation. If the antenna is mounted to the side of the pole it shall be located inside a maximum shroud of 5.5 cubic feet with 16” width (maximum). RF Equipment Disconnect Radio frequency equipment shall have a disconnect that meets or exceeds Franklin PUD’s requirements. Warning Label Radio frequency warning labels shall be mounted on the equipment and clearly mark both sides of the enclosure and be visible from the ground, roadside, and field side. Owner Identification A 4-inch by 6-inch (maximum) plate with the Carrier’s name, location identifying information, and emergency telephone number shall be permanently fixed to the equipment. Page 82 of 199 17 | P a g e City of Pasco Small Cell Infrastructure Design Standards 3.4 Wooden Streetlight with Small Cell Placement Requirements Small cell shall be located such that all new equipment, including but not limited to Network Provider small cell equipment and Franklin PUD equipment, meets ADA requirements. Franklin PUD, and Pasco when applicable, shall approval all fiber and power source locations prior to installation. Page 83 of 199 City of Pasco Small Cell Infrastructure Design Standards 18 | P a g e [This page intentionally left blank] Page 84 of 199 19 | P a g e City of Pasco Small Cell Infrastructure Design Standards COMBINATION SMALL CELL AND STREETLIGHT 4 COMBINATION SMALL CELL AND STREETLIGHT Purpose This chapter of the Guide is to be used when replacing an existing streetlight pole with a combination small cell and streetlight pole. Combination small cell and streetlight poles are often referred to as Refer to Chapter 4 when removing existing streetlight poles and replacing with a combination small cell and streetlight pole. “combination poles”, “Type 3 poles, or “removed and replaced poles” in this Guide. Refer to Chapter 5 for projects involving freestanding small cell installations. A Type 3 combination small cell and streetlight pole should only be located where an existing streetlight pole can be removed and replaced, or at a new location where it has been identified that a streetlight is necessary. Existing streetlights are typically owned by Franklin PUD; Franklin PUD owned Type 3 combination poles that replace existing streetlights shall meet Franklin PUD standards. Privately-owned Type 3 combination poles shall be approved via Pasco’s encroachment permit. General Guidance Combination small cell and streetlight permitting applications and aesthetics shall be approved by Pasco prior to installation. All equipment shall meet Franklin PUD’s utility requirements and Pasco’s design aesthetics. The same small cell pole aesthetic is to be used in the same area to maintain a cohesive appearance. Combination small cell aesthetics and proposed locations shall meet the City of Pasco’s Freestanding Small Cell Infrastructure ROW Permit Requirements. The lighting design shall follow the luminaire specifications and design requirements set forth in the City Pasco Street Lighting Design Standards. The City of Pasco’s Street Lighting Design Standards provide guidance on luminaire design aesthetics, lighting level criteria, typical streetlight spacing, streetlight specifications, and electrical and streetlight details. The network provider shall provide all documentation required by the Street Lighting Design Standards to the City during the permitting process. All small cell carrier equipment shall be housed internal to the pole or hidden behind an exterior shroud. No network provider equipment shall be mounted to the exterior of the pole unless it meets the Type 3B and Type 3C requirements in Section 4.3. Deviations from this guide shall be approved on a case-by-case basis by Pasco prior to installation. Basis of Design The following pages describe the small cell requirements for installation in the City of Pasco’s public right of way. Chapter 4 Page 85 of 199 City of Pasco Small Cell Infrastructure Design Standards 20 | P a g e The combination pole design shall match the aesthetics of existing streetlights installed adjacent to the pole. The Carrier shall perform a visual inspection (Online street images are considered sufficient unless the pole standards were updated after the images were published) prior to submitting a permitting application to determine existing aesthetics. The combination pole components include the foundation, equipment cabinet, upper pole, luminaire, mast arm, luminaire control node if applicable, cantenna or antenna enclosure, and all hardware and electrical equipment necessary for a complete assembly. The small cell components shall also be sized to be visually pleasing. For a combination pole to be considered visually pleasing, the transition between the equipment cabinet and upper pole should be considered. A decorative transition shall be installed over the equipment cabinet upper bolts, or decorative base cover shall be installed to match the equipment cabinet size. The upper pole shall be scaled to 0.5 to 0.75 the size of the equipment cabinet, with a 10-inch minimum outer diameter. All hardware connections shall be hidden from view. No horizontal flat spaces greater than 1.5 inches shall exist on the equipment cabinet to prevent cups, trash, and other objects from being placed on the equipment cabinet. Each pole component shall be architecturally compatible to create a cohesive aesthetic. An example of an unacceptable small cell installation, and acceptable installation can be found in Figures 4-1 and 4-2. Three variations of combination small cell equipment attachments will be considered for installation in the City of Pasco. These equipment attachments include a single cantenna, a single equipment shroud, or cantenna a single exterior equipment shroud when multiple cellular technologies provided by a single carrier are installed on a single pole (ie: LTE and 5G). Each type can be found in Figures 4-3 through 4-5. Figure 4-1: Unacceptable Type 3 Installation Figure 4-2: Acceptable Type 3 Installation 1 1 Conduit, mounting bracket, and other hardware must be hidden from view Cantenna must include a smooth transition between upper pole and cantenna attachment Upper pole shall be smooth and straight, with 1.5- inch (max.) of flat surface where mounted to the equipment cabinet Equipment cabinet shall be round. 16- inch diameter is preferred, 20-inch diameter max. Page 86 of 199 21 | P a g e City of Pasco Small Cell Infrastructure Design Standards 4.3.1 Type 3A Combination Pole The Type 3A combination pole is composed of an equipment cabinet, upper pole, streetlight, and cantenna. All equipment shall be located internal, or recessed per Franklin PUD’s requirements, to the appropriate enclosure. Figure 4-3: Type 3A - Combination Pole with Cantenna Page 87 of 199 City of Pasco Small Cell Infrastructure Design Standards 22 | P a g e 4.3.2 Type 3B Combination Pole The Type 3B combination pole is composed of an equipment cabinet, upper pole, streetlight, and externally mounted equipment shroud. All equipment shall be located internal, shrouded, or recessed per Franklin PUD’s requirements, to the appropriate housing. The antenna, radio head, mounting brackets, and all hardware necessary for a complete installation shall be located inside an aesthetically pleasing equipment shroud, securely strapped to the pole. Wires and cabling shall be hidden from view. Cables and wires shall internal to the pole until it reaches a cable grommet. Weatherproof grommets shall be installed at all cable entry points. All pole openings shall be weatherproofed to prevent interior rusting of the pole. Figure 4-4: Type 3B - Combination Pole with Equipment Shroud Page 88 of 199 23 | P a g e City of Pasco Small Cell Infrastructure Design Standards 4.3.3 Type 3C Combination Pole The Type 3C combination pole will be allowed when multiple technologies offered by the same carrier are installed on a single pole. To qualify for this permit, the Network Provider must demonstrate that the additional technology cannot be integrated into the equipment cabinet or the cantenna. This Type 3C pole is composed of a single equipment cabinet, upper pole, streetlight, cantenna, and a single externally mounted equipment shroud. The additional equipment shroud shall match the combination pole aesthetics. Care should be taken to integrate the mounting attachments into the enclosure design. The enclosure shall be securely strapped to the pole. A combination small cell and streetlight specification overview is found in Section 4.4. Details showing conduit burial; pull box dimensions; light standard foundations; grounding; combination small cell and light standards; and pole bases can be found in Appendix A. Figure 4-5: Type 3C - Combination Pole with Cantenna and Equipment Shroud Page 89 of 199 City of Pasco Small Cell Infrastructure Design Standards 24 | P a g e Combination Small Cell and Streetlight Specification Overview Table 4-1: Streetlight Specification Overview General Specification Overview Luminaire per Pasco Street Lighting Design Standards. Luminaire Mast Arm 4 feet or 10 feet Electrical Service Per Franklin PUD’s requirements Streetlights shall be single phase 120V Pole Requirements At least 15% of the pole design structural capacity shall be reserved for future City IOT installations. Pole Type Round, straight, galvanized steel. Pole Color Equipment cabinet and pole shall be galvanized in accordance with AASHTO M 111. If the pole is painted to match existing streetlight aesthetics, paint shall be powder coated over zinc paint (Pole and equipment cabinet shall still be galvanized). Combination Pole Height The pole height shall be measured from top of the foundation mast arm mounting bracket. The top of the cantenna shall be no higher than 5 feet above the mast arm mounting bracket attachment point. All luminaires shall be the same height as adjacent streetlights. Luminaires shall be installed as shown in Detail SS-05 and SS-07 in Appendix A. Urban Downtown Industrial Residential 35 feet to 40 feet 35 feet to 40 feet 30 feet Design Wind Velocity 115 mph minimum per TIA-222 rev G, IBC 2012 with ASC 710, and amendments for local conditions. Foundation Precast concrete or cast-in-place pole foundations shall be designed per the City standard to meet ACI 318. While Pasco accepts cast-in-place foundations, precast concrete foundations are preferred and should be installed whenever possible. Conduit Sweeps in Foundation Eight (8) 2” PVC conduit sweeps shall be installed. Conduit shall accommodate Pasco electrical, Pasco fiber, and Small cell carrier electrical and fiber with up to four (4) spare sweeps for future service. Bolt Circle 19.5-inch bolt circle when installing a 16-inch equipment cabinet. 23.5-inch bolt circle when installing a 20-inch equipment cabinet. Anchor Bolt Shroud Anchor bolts shall either be hidden from view, preferred, or treated and painted to match the pole color with Pasco approval. Page 90 of 199 25 | P a g e City of Pasco Small Cell Infrastructure Design Standards Table 4-2: Equipment Cabinet Specification Overview Equipment Cabinet Specification Overview Equipment Cabinet Style Round to match diameter below. Pasco shall approve other shapes. Diameter 16 inches is preferred, 20 inches maximum. Height 5’-8” maximum Shroud/Cover All hardware attachments shall be hidden. Equipment cabinet and/or equipment cabinet cover shall not have a flat, horizontal surface larger than 1.5 inches. Color Equipment cabinet and pole shall be galvanized in accordance with AASHTO M 111. If the pole is painted to match existing streetlight aesthetics, paint shall be powder coated over zinc paint (Pole and equipment cabinet shall still be galvanized). Access Doors Utility access City access Carrier access Per Franklin PUD’s meter access requirements. The meter shall be recessed as much as possible into the pole base Hand hole Lockable access door sized to install, maintain, and remove all small cell equipment as needed. Required Equipment Utility Equipment* City Equipment* Carrier Equipment* Per Franklin PUD’s requirements Fused power disconnect Per small cell carrier requirements *All equipment shall be located internal to the equipment cabinet or recessed in the equipment cabinet to meet Utility requirements. All equipment shall be mounted per the Owner’s requirements. Pole bases shall be sized to handle the listed equipment and all other equipment required by the Owner. Equipment separation All equipment shall be separated by owner. All access doors shall be secured by owner requirements. Ventilation Passive louvers and/or other passive ventilation systems shall be provided as the primary means of temperature control. Motorized Ventilation If required, fan(s) shall not emit noise greater than 30dBa at one meter (3.28 feet). Page 91 of 199 City of Pasco Small Cell Infrastructure Design Standards 26 | P a g e Table 4-3: Upper Pole Specification Overview Upper Pole Specification Overview Upper Pole Type Round, straight, galvanized steel. Pole shall be architecturally compatible with the equipment cabinet. Potential Shroud All fixed connections shall be hidden from view. Upper Pole Diameter The upper pole shall be scaled to 0.5 to 0.75 times the size of the equipment cabinet with 10” minimum outer diameter. Pasco prefers a 10” upper pole diameter. The pole diameter shall be scaled such that no flat, horizontal surface larger than 1.5 inches exists between the equipment cabinet and upper pole. Electrical Separation An internal divider shall separate electrical wiring and fiber, per Owner. Separation of service shall meet Franklin PUD’s requirements. Grommets Weatherproof grommets shall be integrated into the pole design to allow cable to exit the pole, for external shrouds, without water seeping into the pole. Hand Holes A hand hole shall be provided at the top of the extension pole to maintain Pasco fiber and electrical service for streetlights and future IOT attachments. An optional hand hole may be provided at the bottom of the upper pole. Table 4-4: Cantenna Specification Overview Antenna Enclosure Specification Overview Cantenna Diameter 14-inch maximum outer diameter with shroud. Cantenna Height The cantenna height - including antenna, radio equipment, conduit or wires, brackets, transition shroud, and all other hardware required for a complete installation - from the top of the mast arm connection to the top of the cantenna shall not exceed 5 feet. Antenna Enclosure If an antenna is located on the side of the pole, the antenna, radio equipment, brackets, and all other hardware required for a complete installation shall fit behind a 38”H x 16”W x 12”D maximum shroud, securely strapped to the pole. Shroud The antenna and antenna pole attachment shall be shrouded to meet Pasco aesthetics. A tapered transition between the upper pole and cantenna shall be included. Color Antenna shroud shall be colored to match pole. Warning Label If required, radio frequency warning labels shall be mounted exterior to the pole. Owner Identification A 4-inch by 6-inch (maximum) plate with the Carrier’s name, location identifying information, and emergency telephone number shall be permanently fixed to the pole. Page 92 of 199 27 | P a g e City of Pasco Small Cell Infrastructure Design Standards Placement Requirements A Type 3 combination small cell and streetlight pole should only be located where an existing pole (usually Franklin PUD) can be removed and replaced, or at a new location where it has been identified that a streetlight is necessary. Type 3 poles can either be owned by Franklin PUD (preferred – as approved by Franklin PUD) or by the applicant (as approved via Encroachment Permit by the City of Pasco). When submitting to Franklin PUD, the pole design and configuration shall be per Franklin PUD standards. When submitting to Pasco as a privately-owned Type 3 pole, the pole shall be located as follows: • In a manner that does not impede, obstruct, or hinder pedestrian or vehicular travel. • In alignment with existing trees, utility poles, and streetlights. • Within the street amenity zone whenever possible. • Equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. • With appropriate clearance from existing utilities. • Outside of the 20-foot equipment clear zone (for base cabinets less than 18-inches in diameter) or 30-foot clear sight triangle (for base cabinets equal to or greater than 18-inches in diameter) at intersection corners. • 10 feet away from the triangle extension of an alley way flare. • Any new Type 3 pole general location and spacing shall be as determined by the City of Pasco Street Lighting Standards. Page 93 of 199 City of Pasco Small Cell Infrastructure Design Standards 28 | P a g e [This page intentionally left blank] Page 94 of 199 29 | P a g e City of Pasco Small Cell Infrastructure Design Standards FREESTANDING SMALL CELL INFRASTRUCTURE 5 FREESTANDING SMALL CELL INFRASTRUCTURE 5.1 Purpose This chapter of the Guide is to be used when installing a freestanding small cell. Refer to Chapter 4 for projects involving combination small cell installations. 5.2 General Guidance The specifications provided in this chapter are for single carrier with single technology installations within the public ROW only. Dual carrier, dual technology installations, or small cell locations not in the public ROW may vary from these guidelines with Pasco approval. All freestanding small cell permitting applications shall be approved by Pasco prior to installation. All equipment shall meet Franklin PUD’s utility requirements and the City of Pasco’s design aesthetics. The same small cell pole aesthetic is to be used along adjacent blocks to maintain a cohesive appearance. Freestanding small cell aesthetics and proposed locations shall meet the City of Pasco’s Freestanding Small Cell Infrastructure ROW Permit Requirements. All small cell carrier equipment shall be housed internal to the equipment cabinet or hidden behind the cantenna. No network provider equipment shall be strapped to the outside of the pole. If a dual-carrier pole is approved by the Pasco, all the network provider equipment shall be located internal to the pole and cantenna. Deviations from this guide shall be approved on a case-by-case basis by Pasco prior to installation 5.3 Basis of Design The following pages describe the small cell requirements for installation in the City of Pasco’s public right of way. Refer to Chapter 5 when installing freestanding small cell poles. Figure 5-1: Freestanding Small Cell Pole Chapter 5 Page 95 of 199 City of Pasco Small Cell Infrastructure Design Standards 30 | P a g e 1 Figure 5-3: Acceptable Type 4 Installation The pole design shall match the aesthetics of existing streetlights installed adjacent to the pole. The Carrier shall perform a visual inspection (Online street images are considered sufficient unless the pole standards were updated after the images were published) prior to submitting a permitting application to determine existing aesthetics. The small cell components shall be sized to be visually pleasing. For a pole to be considered visually pleasing, the transition between the equipment cabinet and upper pole should be considered. A decorative transition shall be installed over the equipment cabinet upper bolts, or decorative base cover shall be installed to match the equipment cabinet size. The upper pole shall be scaled to 0.5 to 0.75 the size of the equipment cabinet, with a 10-inch minimum outer diameter. All hardware connections shall be hidden from view. No horizontal flat spaces greater than 1.5 inches shall exist on the equipment cabinet to prevent cups, trash, and other objects from being placed on the equipment cabinet. Each pole component shall be architecturally compatible to create a cohesive aesthetic. An example of an unacceptable small cell installation, and acceptable installation can be found in Figures 5-2 and 5-3. Figure 5-2: Unacceptable Type 4 Installation 2 2 Cantenna must include a smooth transition between upper pole and cantenna Conduit, mounting bracket, and other hardware must be hidden behind a cantenna or in a shroud All conduit, wires, and other hardware shall be located internal to the upper pole Page 96 of 199 31 | P a g e City of Pasco Small Cell Infrastructure Design Standards Freestanding small cell pole components include the foundation, equipment cabinet, upper pole, cantenna, and all hardware and electrical equipment necessary for a complete assembly, as shown in Figure 5-4. A freestanding small cell specification overview is found in Appendix B. Figure 5-4: Freestanding Small Cell Assembly Page 97 of 199 City of Pasco Small Cell Infrastructure Design Standards 32 | P a g e 5.4 Freestanding Small Cell Specification Overview Table 5-1: Freestanding Small Cell Infrastructure Specification Overview General Specification Overview Electrical Service Per Franklin PUD’s requirements Pole Type Round, straight, galvanized steel Pole Color Equipment cabinet and pole shall be galvanized in accordance with AASHTO M 111. If the pole is painted to match existing streetlight aesthetics, paint shall be powder coated over zinc paint (Pole and equipment cabinet shall still be galvanized). Pole Height The freestanding small cell shall not exceed 30 feet. Pole shall be measured from the top of the foundation to the top of the cantenna. Design Wind Velocity 115 mph minimum per TIA-222 rev G, IBC 2012 with ASC 710, and amendments for local conditions. Foundation Precast concrete or cast-in-place pole foundations shall be designed per Pasco standard to meet ACI 318. While Pasco accepts cast-in-place foundations, precast concrete foundations are preferred and should be installed whenever possible. Conduit Sweeps in Foundation Eight (8) 2” PVC conduit sweeps shall be required. Conduit shall accommodate small cell carrier electrical and fiber with up to four (4) spare sweeps for future service. Bolt Circle 19.5-inch bolt circle when installing a 16-inch equipment cabinet. 23.5-inch bolt circle when installing a 20-inch equipment cabinet. Anchor Bolt Shroud Anchor bolts shall either be hidden from view, preferred, or treated and painted to match the pole color with Pasco approval. Equipment Cabinet Style Round to match diameter below. Pasco shall approve other shapes. Equipment Cabinet Diameter 16 inches is preferred, 20 inches maximum. Equipment Cabinet Height 5’-8” maximum Equipment Cabinet Shroud/Cover All hardware attachments shall be hidden. Equipment cabinet and equipment cabinet cover shall not have a flat, horizontal surface larger than 1.5 inches. Equipment Cabinet Access Doors Lockable access door sized to install, maintain, and remove all small cell equipment as needed shall meet Carrier’s requirements. Utility access shall be per Franklin PUD’s requirements. The meter shall be recessed into the pole base Equipment Cabinet Required Equipment All equipment shall be located internal to the equipment cabinet or recessed as much as possible in the equipment cabinet to meet Utility requirements. All equipment shall be mounted per the Owner’s requirements. Pole bases shall be sized to handle the listed equipment and all other equipment required by the Owner. Utility Equipment Carrier Equipment Per Franklin PUD requirements Per small cell carrier requirements Ventilation Passive louvers and/or other passive ventilation systems shall be provided as the primary means of temperature control. Page 98 of 199 33 | P a g e City of Pasco Small Cell Infrastructure Design Standards General Specification Overview Motorized Ventilation If required, fan(s) shall not emit noise greater than 30dBa at one meter (3.28 feet). Upper Pole Diameter The upper pole shall be scaled to 0.5 to 0.75 times the size of the equipment cabinet with 10” minimum outer diameter. Pasco prefers a 10” upper pole diameter. The pole diameter shall be scaled such that no flat, horizontal surface larger than 1.5 inches exists between the equipment cabinet and upper pole. Cantenna Antenna and pole attachment shall be shrouded to meet Pasco aesthetics. A tapered transition between the upper pole and cantenna shall be included. Cantenna Diameter 14-inch maximum outer diameter with shroud. Cantenna Height The cantenna height - including antenna, radio equipment, brackets, transition shroud, and all other hardware required for a complete installation - to the pole shall not exceed 5’-8”. Cantenna Color Antenna shroud shall be colored to match pole. Warning Label If required, radio frequency warning labels shall be mounted exterior to the pole. Owner Identification A 4-inch by 6-inch (maximum) plate with the Carrier’s name, location identifying information, and emergency telephone number shall be permanently fixed to the pole. 5.5 Placement Requirements All Type 4 freestanding small cell poles shall be privately owned and must be permitted by Pasco via the Freestanding Small Cell Infrastructure ROW Permit Requirements. • In a manner that does not impede, obstruct, or hinder pedestrian or vehicular travel. • So as not to be located along the frontage of a Historic building, deemed historic on a federal, state, or local level. • So as not to significantly create a new obstruction to property sight lines. • At the intersection of property lines, or along secondary property street facing. • Within the street amenity zone whenever possible. • In alignment with existing trees, utility poles, and streetlights. • Equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. • With appropriate clearance from existing utilities. • Outside of the 20-foot equipment clear zone (for base cabinets less than 18-inches in diameter) or 30-foot clear sight triangle (for base cabinets equal to or greater than 18-inches in diameter) at intersection corners as shown in Figure 5-7. • 10 feet away from the triangle extension of an alley way flare. • Shall not be located within 100 feet of the apron of a fire station or other adjacent emergency service facility. • No closer than 300 feet away, radially, from another privately-owned Type 4 freestanding small cell. Page 99 of 199 City of Pasco Small Cell Infrastructure Design Standards 34 | P a g e Figure 5-5: Freestanding Small Cell spacing radius Figure 5-5 shows freestanding small cells which shall be a minimum of 300 feet apart radially. This radius extends around corners and into alleys. They shall be located in line with trees, existing streetlights, utility poles, and other furniture located in the amenity zone, as shown in Figure 5-6. Type 4 freestanding poles shall be located a minimum of 300 feet from other Type 4 freestanding poles Existing streetlights and utility pole locations do not affect into placement requirements Type 1, Type 2, and Type 3 deployments are exempt from the 300-foot spacing requirement Page 100 of 199 35 | P a g e City of Pasco Small Cell Infrastructure Design Standards Figure 5-6: Freestanding small cell in amenity zone Freestanding small cells shall be located such that they in no way impede, obstruct, or hinder the usual pedestrian or vehicular travel, affect public safety, obstruct the legal access to or use of the public ROW, violate applicable law, violate or conflict with public ROW design standards, specifications, or design district requirements, violate the Federal Americans with Disabilities Act of 1990, or in any way create a risk to public health, safety, or welfare. Free standing small cells shall be located within the ROW and off set from the sidewalk as shown in Figure 5-7. Figure 5-7: Standalone Small Cell sight-line requirements Do not locate small cell in clear sight triangle Page 101 of 199 City of Pasco Small Cell Infrastructure Design Standards 36 | P a g e Freestanding small cells shall be located at intersecting property lines as much as possible. Whenever possible, the freestanding small cell shall be located on the secondary street. Small cells shall also be located a minimum of 15 feet away from trees to prevent disturbance within the critical root zone of any tree, as shown in Figure 5-8. The small cells shall not be installed between the perpendicular extension of the primary street-facing wall plane of any single or two-family residence as shown in Figure 5-9. Figure 5-8: Freestanding small cell location between property and trees Page 102 of 199 37 | P a g e City of Pasco Small Cell Infrastructure Design Standards Figure 5-9: Freestanding Small Cell between property lines Do not locate small cell in the perpendicular extension of the primary street-facing wall plane Do not locate small cell in front of driveways, entrances, or walkways Page 103 of 199 City of Pasco Small Cell Infrastructure Design Standards 38 | P a g e Figure 5-10: Small Cell in Commercial Area When located adjacent to a commercial establishment, such as a shop or restaurant, care should be taken to locate the small cell such that it does not negatively impact the business. Small cells shall not be located in-front of store front windows, primary walkways, primary entrances or exits, or in such a way that it would impede a delivery to the building. Small cells should be located between properties as much as possible as shown in Figure 5-10. Page 104 of 199 Refer to Appendix A for in- depth specifications regarding selection and installation of streetlights. DETAILS A DETAILS The following pages provide details to be used in all City of Pasco small cell installations. These pages detail the components required for each type of small cell installation, conduit burial, pull box dimensions, pole bases, grounding, and foundations. The details include the City of Pasco electrical Refer to Appendix A for construction details relating to small cells. requirements and Franklin PUD electrical requirements. The appropriate details, based on either the City of Pasco specification or Franklin PUD specification, should be selected based on who will own and maintain the system after installation. A-1 | P a g e Appendix A Page 105 of 199 City of Pasco Small Cell Infrastructure Design Standards List of Details Typical Utility Pole Mounted Detail ................................................................................................................ SS-01 Typical Utility Pole Strand Mounted Detail ................................................................................................... SS-02 Typical Combination Small Cell – Streetlight on Wooden Pole................................................................... SS-03 Typical Combination Pole Equipment Cabinet Detail .................................................................................. SS-04 Typical Type 3A Combination Pole Detail...................................................................................................... SS-05 Typical Type 3B Combination Pole Detail ...................................................................................................... SS-06 Typical Type 3C Combination Pole Detail ...................................................................................................... SS-07 Typical Freestanding Small Cell Pole Detail................................................................................................... SS-08 Typical Type 3 Combination Pole Conduit Burial Detail.............................................................................. SS-09 Typical Type 1, Type 2, and Type 4 Conduit Burial Detail........................................................................... SS-10 Pull Box/ Splice Box Typical Dimensions........................................................................................................ SS-11 Typical In-Grade Pull Box/ Splice Box Detail ................................................................................................. SS-12 Typical Small Cell Electrical Detail in Softscape ............................................................................................ SS-13 Typical Small Cell Electrical Detail in Hardscape .......................................................................................... SS-14 Typical Small Cell Electrical Detail Notes ....................................................................................................... SS-15 Typical Non-Breakaway Pole Base Standard Detail ...................................................................................... SS-16 Typical Foundation Structural Detail .............................................................................................................. SS-17 Typical Foundation Structural Detail .............................................................................................................. SS-18 Typical Foundation Structural Detail .............................................................................................................. SS-19 Typical Foundation Structural Detail .............................................................................................................. SS-20 A-2 | P a g e Page 106 of 199 PASCO SMALL CELL SPECIFICATIONS MOUNTED 4'-0" (MIN.) 6'-0" (MAX.) 24" TYPE 1B UTILITY POLE WITH STRAND MOUNTED SHROUD City of Pasco Department of Public Works January 2019 FRANKLIN PUD’S FRANKLIN PUD FRANKLIN PUD Page 107 of 199 PASCO SMALL CELL SPECIFICATIONS 24" MIN. UNDER MAX SAG. 38" (MAX.) 7'-0" (MIN.) MOUNTED 4'-0" (MIN.) 6'-0" (MAX.) 24" TYPE 1A UTILITY POLE WITH MOUNTED EQUIPMENT SHROUD City of Pasco Department of Public Works January 2019 CLIMBING SPACER PER FRANKLIN PUD REQUIREMENTS (TYPICAL) FRANKLIN PUD FRANKLIN PUD’S FRANKLIN PUD Page 108 of 199 PASCO SMALL CELL SPECIFICATIONS 5'-0" (MAX.) 49" (MAX.) 7'-0" (MIN.) MOUNTED 4'-0" (MIN.) 6'-0" (MAX.) 24" City of Pasco Department of Public Works FRANKLIN PUD FRANKLIN PUD’S FRANKLIN PUD January 2019 Page 109 of 199 Page 110 of 199 Page 111 of 199 Page 112 of 199 Page 113 of 199 Page 114 of 199 Page 115 of 199 Page 116 of 199 Page 117 of 199 Page 118 of 199 Page 119 of 199 Page 120 of 199 Page 121 of 199 Page 122 of 199 Page 123 of 199 Page 124 of 199 Page 125 of 199 Page 126 of 199 B-1 | P a g e Refer to Appendix A for in- depth specifications regarding selection and installation of streetlights. SPECIFICATIONS SPECIFICATIONS The following sections describe in detail the foundation and electrical specifications. All work completed in the ROW must be in accordance with the City of Pasco (Pasco) Public Works Transportation Standards and Engineering Details. B.1 Small Cell Pole Refer to Appendix B for small cell infrastructure specifications. Description This work consists of furnishing and installing foundations, small cell poles, conduit, junction boxes, cable, wiring, junction boxes, and incidental materials for small cell installation in accordance with these specifications and in conformance with the details, lines, grades, and locations shown on the plans. Materials Small Cell materials shall conform to Small Cell and Electrical Materials. a) Foundations. Concrete bases and equipment pads shall be pre-cast or cast-in-place concrete per the City standard to meet ACI 318. A complete foundation includes the concrete, reinforcing steel, anchor bolts, leveling nuts, conduit stubs, ground rod and wire, excavation and backfill, restoration, accessories as required to provide a complete unit. Banner arm (if required) wind loading shall be incorporated into light standard structural design. b) Small Cell Standard. A complete light standard includes the metal upper pole, mounting bracket, mast arm(s), cantenna, equipment cabinet, base, grounding system, and all hardware. The upper pole shall have a handhole at the top to maintain City fiber and streetlight electrical service. An optional handhole shall be provided at the bottom of the upper pole if fiber and electrical service cannot be accessed from the equipment cabinet. Pole and mast arm or arms shall be the type and size shown on the plans. c) Conduit. Conduit includes conduit, trenching, backfill, jacking, augering, fittings, drainage tees, sealing, restoration, and accessories as required to provide a complete installation. Appendix B Page 127 of 199 B-2 | P a g e City of Pasco Small Cell Infrastructure Design Standards d) Electrical Warning Tape. Detectable electrical warning tape shall consist of pre-manufactured non- adhesive polyethylene material that is unaffected by acids, alkalines, and other soil components. The color of the tape shall be red, and it shall be, at a minimum, 3.5 mils thick and 6 inches wide. Its tensile strength shall be 2,500 psi lengthwise. The electrical tape shall include the following identification printed in black letters continuously along the length of the tape: “CAUTION BURIED ELECTRIC LINE BELOW”. The identification note and color of tape shall conform to the requirements of the “American Public Works Association (APWA) Uniform Color Codes (Red) – Electrical Power Lines, Cables, Conduit and Lighting Cables.” e) Conductors. Conductor includes control wiring, luminaire wiring, main circuit wiring, ground wiring, service entrance wiring, pulling, splicing, connections, testing, and all other wiring necessary for a complete installation. f) Pull boxes. Pull box includes pull box, cover with bolts, excavation, gravel base, backfill, sealing, restoration, and accessories as required to provide a complete installation. g) Materials List. At the preconstruction conference the Contractor shall submit to Pasco three copies of a list of all materials and equipment to be incorporated into the work. The Contractor shall include the following items on the list: a. Small cell standards b. Pull Box c. Fuse holders d. Conductors e. Conduit f. Wireless Lighting Control and Monitoring System g. Small cell foundations h. Equipment pads i. All other items required for a complete installation Pasco will return lists that are incomplete or that include unacceptable materials to the Contractor for correction and re-submission. The Contractor shall not order materials or equipment until Pasco and the party or agency responsible for maintenance have reviewed and approved the materials and equipment list. Pasco’s approval of the list shall not relieve the Contractor responsibility for the proper functioning of the completed installation. h) Technical Support. During the warranty period, technical support shall be available from the manufacturer via telephone within 24 hours of the time the call is made from the Contractor, and this support shall be made available from factory certified personnel or factory certified installers at no additional charge to the City of Pasco. General All work shall conform to these specifications and the National Electrical Code (NEC) when the small cell pole is owned by Pasco or the Carrier, or the National Electrical Safety Code (NESC) when the small cell pole is owned by Franklin PUD. The Contractor and/or Network Provider shall keep fully informed of and comply with all Federal, State, and local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which may affect those engaged or employed on the work, or affect the conduct of the work. The Contractor and/or Network Provider shall protect and indemnify the City of Pasco and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor and/or Network Provider, the subcontractors, suppliers of materials or services, or their employees. Page 128 of 199 B-3 | P a g e City of Pasco Small Cell Infrastructure Design Standards Each system shall be installed as shown on the plans or as designated. The Contractor and/or Network Provider shall furnish and install all incidentals necessary to provide a complete working unit or system. Concrete Foundation Pads and Small Cell Standard Foundations. Foundations shall be installed as shown on the plans, complete with grounding. The Contractor and/or Network Provider shall test and report soil conditions to Pasco as necessary to ensure proper installation of foundations. Foundations shall be installed at the final grade. All anchor bolts shall be positioned by means of steel templates. The center of the template shall coincide with the center of the foundation. Anchor bolt size and 19.5-inch bolt circle shall accommodate a 16-inch equipment cabinet per manufacturer’s requirements. Anchor bolt size and 23.5-inch bolt circle shall accommodate a 20-inch equipment cabinet per manufacturer’s requirements. All small cell standard foundations shall be as detailed. Conduits shall be properly positioned and anchored before the concrete is placed. Coordinate the base setback and orientation with Pasco. All foundations shall have ground rods conforming to the NEC or NESC. All foundations on structures shall be grounded to the structural steel by a method that is in accordance with the NEC or NESC and which is approved by Pasco. Small Cell Standards Poles, equipment cabinets, and bolts shall be galvanized stainless steel. Galvanizing will be performed in accordance with ASTM 123 and meet the following galvanization and paint requirements. 1. Galvanizing will be SSPC-SP1 Solvent wiped where needed and the Galvanizing will receive a sweep blast to a uniform dull appearance. Any areas of fracture will be repaired. Any excess zinc build up should be blended to no higher than the height of a dime with no thick edges or areas that may cause paint entrapment potentially leading to a premature coating failure. The first epoxy coat typically should be applied within 120-180 minutes of abrasive blasting. Items shall be cleaned free of blast debris before coating. Compressed air should be used to clean items; items should be free of Oil, residue, and any other contaminates/debris. • Epoxy Primer Gray- B107989EA80K-A • Impact Resistance Direct 100 IN/LBS @ 2.0-3.0 Mils (ASTM D2794) • Impact Resistance Indirect- 100 IN/LBS @ 2.0-3.0 Mils (ASTM D2794) • Cross- Hatch Adhesion 5B (ASTM D3359) • Conical Mandrel 1/8” (ASTM D522) • Pencil Hardness 2H (ASTM D3363) • Specific Gravity 1.58 +/- 0.05 G/ML • Theoretical Coverage 121.63 ft2/LB @ 1.0 Mil • 60 percent gloss 75-85 (ASTM D523) The Epoxy prime coat shall be applied on poles for an DFT Average of 5.0 Mils for the bottom eight feet, 3.0 Mils DFT above that. Arms have the epoxy prime applied for a 3.0 mil DFT. DFT readings shall be taken in accordance with SSPC-PA2. Top coat to be applied for an DFT of 3.0 mils average unless noted otherwise. Aerosol touch up should used for coverage on areas that were masked by a hanging device (Hanging hook or chain, etc) or used to repair small scratches or imperfections. Poles shall be set plumb, and centered, on the small cell standard foundation using leveling nuts when installed. Page 129 of 199 B-4 | P a g e City of Pasco Small Cell Infrastructure Design Standards Defects and scratches on painted, powder-coated, or anodized poles shall be primed and painted with a color-matched paint to match undamaged pole sections. Defects and scratches on galvanized poles shall be re-galvanized in the field. Stainless steel mounting hardware shall be used to mount luminaires, mast arms, access doors, cantenna, equipment cabinet, and other hardware to the poles. Apply an approved zinc-based anti-seize compound to all mounting hardware prior to assembly. Banner arms (if required) shall be incorporated into small cell standard structural design. Conduit The electrical conduit system shall be installed in accordance the following: In the conduit system, the locations of conduit, junction boxes, and expansion joints shown on the plans are approximate. Actual locations shall be established during construction. The conduit system shall be located to avoid interference with known present or known construction installations. All underground conduit runs and conduit risers on poles shall be installed as needed even though they may not be shown on the plans. All conduit shall be installed within the public Right of Way and shall be at least two-inch (2” minimum) inside diameter unless otherwise designated on the plans. The Contractor and/or Network Provider may use larger conduit than specified. If larger conduit is used, it shall be for the entire run from outlet to outlet. Reducer couplings shall not be used. Larger conduits shall be sized to accommodate the constraints established by the hole in the pole anchor base plate. Conduit terminating in standards or pedestals shall extend approximately two inches past the foundations and shall slope toward the junction box opening. Conduit entering pull boxes shall terminate two inches inside the box wall and two to five inches above the bottom, and shall slope toward the top of the box to facilitate pulling of conductors. Conduit entering through the bottom of a pull box shall be located near the end walls to leave the major portion of the box clear. At all outlets, conduits shall enter from the direction of the run. The ends of all conduits, whether shop or field cut, shall be reamed to remove burrs and rough edges. Cuts shall be made square and true so that the ends will butt or come together for their full circumference. Non-metallic conduit shall be cut with a hacksaw or other approved tool. Non-metallic conduit connections shall be the solvent-weld type. Conduit connections at junction boxes shall be tightly secured and waterproofed. All conduit ends shall be sealed with duct seal after installation of wiring. The duct seal shall be rated for outdoor use. When specified, conduit shall be installed under existing pavement by boring operations. Where plans show that existing pavement is to be removed, jacking the conduit is not required. Jacking or drilling pits shall maintain a minimum of two feet clear of the edge of pavement. Water shall not be used as an aid in the jacking or drilling operations. Trenching shall be in conformance with Pasco standards. Backfill shall be per Pasco standards. Detectable red electrical warning tape shall be installed between six inches and 12 inches below finished grade for all underground conduit runs. Underground conduit shall be buried a minimum of two feet below finished grade. There shall be no sag between boxes. Conduit within the public ROW shall be buried 48 inches (maximum) below finished grade. Junction Boxes shall be placed at conduit ends, at all locations where conduit bends in a single run would equal 360° or greater per NEC requirements, and at all other locations shown on the plans. The Contractor may install additional pull boxes to facilitate the work. Excavate minimum 24 inches below base depth of each junction box, backfill and compact with pea rock to permit draining of water. Placement and setback of the junction boxes shall be coordinated with Pasco. Page 130 of 199 B-5 | P a g e City of Pasco Small Cell Infrastructure Design Standards Unless otherwise shown on the plans or directed by Pasco, junction boxes shall be installed so that the covers are level with the sidewalk grade. Covers shall be flush with the surrounding finished ground when no grade is established. Where a conduit stub-out is called for on the plans, a sweeping elbow shall be installed in the direction indicated. All conduit stub outs shall be capped. Wiring All wiring shall be copper, 600 Volt rated, Type: Conform to the applicable UL and ICEA Standards for the use intended. Copper conductors with 600-volt insulation unless otherwise specified or noted on the drawings. Stranded conductors for No. 8 and larger, with the exception of the ground rod conductor shall be #6 AWG solid, bare, copper. Aluminum Conductors Prohibited: Aluminum conductors will not be permitted. Insulation: Type THWN/THHN insulation minimum unless otherwise specified or noted on the drawings. Size: No. 12 minimum unless otherwise specified or noted on the drawings. Not less than NEC (NESC if Utility owned) requirements for the system to be installed. Color Coding: Phase, neutral and ground conductors color-coded in accordance with NEC (NESC if Utility owned). Connect all Conductors of the same color to the same phase conductor as follows: 208Y/120V-3PH-4W Color coding shall be: 1) Phase = Black 2) Phase = Red 3) Phase = Blue 4) Neutral = White 5) Ground = Green 120/240V-1PH-3W Color coding shall be: 1) Line 1 = Black 2) Line 2 = Red 3) Neutral = White 4) Ground = Green Unless otherwise authorized, the multiple system of electrical distribution shall be used. Conductors of the size and material specified shall be installed for control wiring, luminaire wiring, small cell equipment wiring, City IOT wiring, main circuit wiring, ground wiring, service entrance wiring, and all other wiring necessary for a complete installation. Conductors shall be sized to prevent a voltage drop of more than three percent per feeder run. All conductors shall be installed in conduit. All power and lighting circuits shall include an insulated green grounding conductor. A complete grounding system shall be installed for the entire lighting installation. Grounding shall consist of ground cables, conduits, grounding rods, wire or strap, and ground fittings, as required by the NEC (or NESC if Utility owned). Type THWN conductors shall be used for all underground conduit runs. Leave sufficient lengths of branch conductors to allow conductor splices to be extracted from pole base for maintenance. Type XHHW shall be used for the service entrance conductors. Extend three conductor SOW cable feeder leads to the luminaires from the cables in the pole base. Install in-the-line fuses on each feeder lead. Leave sufficient lengths of feeder conductors to allow fuses and conductors to be extracted from pole base for maintenance. Provide a No. 6 AWG solid, bare, copper wire connection to ground rod with ample length to allow connection to light standard, and system ground conductor. Attach grounding conductor to the energy suppliers neutral at the service point. Terminate grounding conductor with less than 25 ohms ground reference at the service point. If ground resistance is greater than Page 131 of 199 B-6 | P a g e City of Pasco Small Cell Infrastructure Design Standards 25 ohms, add additional ground rod(s) or other ground reference bond to bring the resistance to under 25 ohms resistance to earth. Provide ground rods elsewhere as shown on the drawings. Butt splices within the bases are not acceptable. At each pole, provisions shall be made for convenient sectionalizing of the circuits. This shall be done by providing ample length (18 to 24 inches) of branch conductor ends and performing splices using submersible type (Burndy Uni-tap connectors or an approved equal). Wire nuts are not an acceptable method for splicing. Splicing shall only be performed within the pole bases and splice boxes where applicable. Separation of service shall be provided within the pole by conduit or dividers. Electrical wiring and fiber shall be separated by Owner within. Testing Prior to final acceptance, the Contractor and/or Network Provider shall demonstrate to Pasco’s satisfaction that all electrical and lighting equipment installations are in proper working condition. Temporary power and all cable connections required for testing shall be provided by the Contractor and/or Network Provider. The Contractor and/or Network Provider shall perform grounding tests to show ground resistance of 25 ohms or less. As-built Drawings and O&M Manual Contractor shall supply accurate as-built drawings of the project to Pasco. Drawings shall indicate location and setback of conduit, lighting control center, and utility service point, and pole locations along the roadway measured from a reliable location. The Contractor shall collect, gather and assemble into one book the installation details, instructions, schematics of actual equipment and operations directions supplied by the manufacturer with all equipment. Final acceptance of the work will be withheld until such data has been presented complete to Pasco. The manual shall be available for instruction of operations and maintenance of the equipment and systems. Method of Measurement Concrete bases and equipment pads will be measured by the actual number installed and accepted. Small cell standards will be measured by the number of small cell standards installed and accepted. Measure each type separately as described on the Plans. Luminaires will be measured by the number of luminaires installed. Measure each type separately as described on the Plans. Lighting control centers will be measured by the number installed. Conduit will be measured by the linear foot in place. Measure each type separately. Wiring will be measured by the linear foot in place. Measure each type separately. Basis of Payment The accepted quantities will be paid for at the contract unit price for each of the pay items listed on the plans and as they appear in the bid schedule. All associated work items will be considered incidental. Table 0-1: Example Pay Items and Units Pay Item Pay Unit Small Cell Standard Metal ( foot) Each Luminaire (Type)(LED)(Lumens) Each Luminaire (Type)(LED) Special Each Inch Electrical Conduit Linear Feet Inch Electrical Conduit (Plastic) Linear Feet Inch Electrical Conduit (Bored) Linear Feet Page 132 of 199 B-7 | P a g e City of Pasco Small Cell Infrastructure Design Standards Wiring Linear Feet Lighting Control Center Each Secondary Service Pedestal Each Pull Box Each Standard Foundation Each Concrete Foundation Pad Each When the Contractor and/or Network Provider, at his/her option, installs larger conduit than specified, it will be paid for at the original contract price for the size specified. The following items will not be measured and paid for separately, but shall be included in the work: 1) Soil testing for foundations. 2) Pull wire, weatherheads, and adaptors and expansion joints for conduit 3) Additional pull boxes installed at the Contractor’s and/or Network Provider’s option. 4) Saw cutting; trenching; excavation; backfill; jacking; drilling pits; underground electrical warning tape; removal of pavement, sidewalks, gutters, and all other work necessary to complete conduit installation. 5) Electrical conductor tagging. 6) Testing of the installation, including temporary power and all required cable connections. END OF SECTION Page 133 of 199 B-8 | P a g e City of Pasco Small Cell Infrastructure Design Standards B.2 Small Cell Materials General Materials shall be of a standard line from a name brand manufacturer or as specified in this document. Electrical material shall be listed by the Underwriters’ Laboratories, Inc. (UL), and shall conform to the National Electrical Code (NEC) when the streetlights are owned by Pasco, or the National Electrical Safety Code (NESC) when the streetlights are owned by the Utility. Material shall be the same as, or compatible with, that used and accepted by the agency responsible for maintenance. Pasco may inspect all lighting material and all electrical materials and all other materials and accept or reject them at the project site. Samples may be taken or manufacturer’s certifications may be accepted in lieu of samples. Concrete Bases and Concrete Equipment Pads Concrete shall be Class B. Anchor bolts shall be designed by the Contractor’s and/or Network Provider’s Engineer or as shown on the working drawings. The threaded ends of the anchor bolts, the nuts, and the washers shall be galvanized in accordance with ASTM A153. Reinforcing steel shall conform to Section 0. Small Cell Standards a) General. All structural components of small cell standard, base, equipment cabinet, couplers, anchor bolts, luminaires, cantenna, and other attachments to be used shall be designed for a minimum of 115 MPH wind velocity, in accordance with AASHTO’s Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, TIA-222 rev G and ASC 710 with IBC 2012 (or latest standard). Foundations shall meet ACI 318-11 and ACI 318-14. b) Metal Small Cell Standards. Metal small cell standards shall be fabricated of steel unless otherwise approved by Pasco. Whenever Small Cell Standard Metal is specified, the Contractor and/or Network Provider shall furnish galvanized steel. The Contractor and/or Network Provider may furnish aluminum small cell standards if Pasco gives approval. Material type and shape of small standards shall be the same throughout the design district, unless otherwise approved by Pasco. All standards shall have weatherproof cable-entrance grommets located in conformity with the type of mounting used. Metal surfaces shall be free of imperfections marring the appearance and of burrs or sharp edges that might damage the cable. All metal poles shall be straight and shall be supplied with polecaps when applicable. Steel mast arms shall be made of Schedule 40 standard steel pipe conforming to ASTM A 53. All steel poles, mast arms and base flanges shall be hot-dip galvanized in accordance with ASTM A 123. Units on which the spelter coating has been damaged shall be repaired as provided in AASHTO M 36, or other approved method. Base flanges for steel poles shall have continuous welds both inside and outside, unless otherwise permitted. Base flanges inserted into the pole and bonded shall meet the requirements for materials and strength stated herein. Each metal standard shall be wired with a breakaway fused connector of proper capacity rating. The fused connector shall be located in the equipment cabinet. If the light standard has no equipment cabinet, the fused connector shall be located in the pole at the hand hole. All equipment cabinets or bases shall have vandal resistant, removable access doors. Hardware used with steel standards shall be either cadmium plated steel, hot dip galvanized steel, or stainless steel. Page 134 of 199 B-9 | P a g e City of Pasco Small Cell Infrastructure Design Standards Conduit Unless otherwise specified, conduit shall be rigid non-metallic electrical conduit currently recommended and approved by Underwriters’ Laboratories, Inc. for the proposed use conforming to ASTM-F 441 schedule 40, (Schedule 80 or bored HDPE where installed under roadways). Fittings shall be the type used outside the conduit and PVC cement welded. Submersible fittings shall connect the conduit in a manner that makes the joints watertight. All in-grade Pull Boxes shall be polymer concrete, bottomless and tier 22 rated bolted covers. 13 inches by 24 inches and 18 inches deep manufactured by Quazite; Cat. # PG1324BA18, unless otherwise noted on the plans. Covers shall be Cat. # PG1324HH00 with stainless steel bolts and the word “ELECTRIC” molded into the top. Wiring Conductors shall be standard copper with 600-volt insulation, type THWN or XHHW for underground installation in conduit, and for aboveground installation within poles and service cabinets. The size and type shall be as shown on the plans. Fuses Each luminaire in the 120-volt system shall be fused with one 6-amp fuses. Fuse connectors shall be installed in the phase wires of their respective circuits at the pull box located adjacent to the light standards or in the pole base. The fuses shall be mounted in inline single-pole molded fuse connector/holders. The fuse holders shall be a DOT-PLUG (Catalog No. Duraline-16998), or approved equal. Fuses shall be of the breakaway type. The Contractor shall provide sufficient excess conductor length to allow withdrawal of the connected fuse holder. The grounding wires shall not be fused. Fuses and fuse holders shall be “UL” listed and shall be installed in such a manner that the fuse stays with the load side when holder is separated. In addition, the Contractor shall form loops in the leads on each side of the fuse holders and so position the fuse holders so that they may be easily removed or inserted through the opening at top of pull box. Secondary Service Pedestals The service cabinet shall include all equipment necessary to connect to the energy provider’s overhead secondary conductors or transformer. All-In-One commercial meter/power pedestal and non-metered/power pedestals shall meet or exceed City of Pasco Standards. END OF SECTION Page 135 of 199 B-10 | P a g e City of Pasco Small Cell Infrastructure Design Standards B.3 Moisture and Density Control Construction of Moisture and Density Control Areas Maximum dry density of all soil types encountered or used will be determined in accordance with AASHTO T 99, AASHTO T 180, or a modification thereof. The amount of water to be used in compacting A-2-6, A-2-7, A-4, and A-6 through A-7 soils shall not deviate from optimum on the dry side by more than two percentage points as determined by AASHTO T 99, T 180, or a modification thereof, as designated in the Contract. A-4 soils which are unstable at the above moisture content shall be compacted at a lower moisture content to the specified density. The amount of water used in compacting all other soils shall be as required to obtain the percent relative compaction required. Table 0-2: Soil Compaction Soil Classifications (AASHTO M 145) AASHTO T 99 Minimum Relative Compaction (Percentage) AASHTO T 180 Minimum Relative Compaction (Percentage) A-1 100 95 A-3 100 95 A-2-4 100 95 A-2-5 100 95 All Others 95 90 Additional work involved in drying backfill material to the required moisture content shall be included in the contract price paid for electrical conduit with no additional compensation. The percent of relative compaction specified shall be equal to or greater than minimum values as shown in the following table for the various classes of soil and type of compaction. END OF SECTION Page 136 of 199 B-11 | P a g e City of Pasco Small Cell Infrastructure Design Standards B.4 Structural Concrete Description This work consists of furnishing and placing portland cement concrete in accordance with these specifications and in conformity with the lines, grades and dimensions as shown on the plans. Classification The classes of concrete shown in Table 0-3 shall be used when specified in the Contract. Table 0-3: Concrete Table Concrete Class Required Field Compression Strength (psi) Cementitious Material Content: Minimum or Range (lbs/yrd3) Air Content: % Range (Total) Water/Cementitious Material Ratio: Maximum or Range B 4500 at 28 Days N/A 5 – 8 0.45 D 4500 at 28 Days 615 to 660 5 – 8 0.45 H 4500 at 56 Days 580 to 640 5 – 8 0.38 to 0.42 P 4500 at 28 Days 660 4 – 8 0.44 Class B concrete is an air entrained concrete for general use. Class D, H or P concrete may be substituted for Class B concrete. Additional requirements are: The coarse aggregate shall have a nominal maximum size of 1½ inches or smaller. Sulfate Resistance. The Contractor shall provide protection against sulfate attack on concrete structures by providing concrete manufactured according to the requirements of Table 0-4. The sulfate exposure for all concrete shall be Class 2 unless otherwise specified on the plans. A higher level of requirements may be used for a lower level of exposure. If the Contractor provides test reports that show another class of exposure exists at a structure location, then Pasco may accept a concrete mix for that location that meets the corresponding sulfate protection requirements. Table 0-4: Concrete Sulfate Protection Requirements Severity of Sulfate Exposure Water-Soluble Sulfate (SO4) in Dry Soil, Percent Sulfate (SO4) in Water, Ppm Maximum Water to Cementituous Material Ratio Cementitious Material Requirements Class 0 0.00 to 0.10 0 to 150 0.45 Class 0 Class 1 0.11 to 0.20 151 to 1500 0.45 Class 1 Class 2 0.21 to 2.00 1501 to 10,000 0.45 Class 2 Class 3 2.01 or greater 10,001 or greater 0.40 Class 3 Cementitious material requirements are as follows: a) Class 0 requirements for sulfate resistance shall be one of the following: a. ASTM C 150 Type I, II or V b. ASTM C 595 Type IP, IP(MS) or IP(HS) c. ASTM C 1157 Type GU, MS or HS d. ASTM C 150 Type III cement if it is allowed, as in Class E concrete b) Class 1 requirements for sulfate resistance shall be one of the following: a. ASTM C 150 Type II or V; Class C fly ash shall not be substituted for cement b. ASTM C 595 Type IP(MS) or IP(HS); Class C fly ash shall not be substituted for cement. c. ASTM C 1157 Type MS or HS; Class C fly ash shall not be substituted for cement. d. When ASTM C 150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent C3 A. Class C fly ash shall not be substituted for cement c) Class 2 requirements for sulfate resistance shall be one of the following: Page 137 of 199 B-12 | P a g e City of Pasco Small Cell Infrastructure Design Standards a. ASTM C 150 Type V with a minimum of a 20 percent substitution of Class F fly ash by weight b. ASTM C 150 Type II or III with a minimum of a 20 percent substitution of Class F fly ash by weight. The Type II or III cement shall have no more than 0.040 percent expansion at 14 days when tested according ASTM C 452 c. ASTM C 1157 Type HS; Class C fly ash shall not be substituted for cement. d. ASTM C 1157 Type MS plus Class F fly ash where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012 e. A blend of portland cement meeting ASTM C 150 Type II or III with a minimum of 20 percent Class F fly ash by weight, where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012. f. ASTM C 595 Type IP(HS); Class C fly ash shall not be substituted for cement. d) Class 3 requirements for sulfate resistance shall be one of the following: a. A blend of portland cement meeting ASTM C 150 Type II, III, or V with a minimum of a 20 percent substitution of Class F fly ash by weight, where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. b. ASTM C 1157 Type HS having less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement c. ASTM C 1157 Type MS or HS plus Class F fly ash where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. d. ASTM C 595 Type IP(HS) having less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement. e. When fly ash is used to enhance sulfate resistance, it shall be used in a proportion greater than or equal to the proportion tested in accordance to ASTM C1012, shall be the same source and it shall have a calcium oxide content no more than 2.0 percent greater than the fly ash tested according to ASTM 1012. Proportioning The Contractor shall submit a Concrete Mix Design for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by Pasco. The Concrete Mix Design will be reviewed and approved following the procedures of CP 62. The Concrete Mix Design will not be approved when the laboratory trial mix data are the results from tests performed more than two years in the past or aggregate data are the results from tests performed more than two years in the past. The concrete mix design shall show the weights and sources of all ingredients including cement, pozzolan, aggregates, water, additives and the water to cementitious material ratio (w/cm). When determining the w/cm, the weight of cementitious material (cm) shall be the sum of the weights of the cement, fly ash and silica fume. The laboratory trial mix data shall include results of the following: a) AASHTO T 119 (ASTM C 143) Slump of Hydraulic Cement Concrete. b) AASHTO T 121 (ASTM C 138) Weight per Cubic Foot, Yield, and Air Content (Gravimetric) of Concrete. c) AASHTO T 152 (ASTM C 231) Air Content of Freshly Mixed Concrete by the Pressure Method d) ASTM C 39 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days shall be required for Class H concrete. e) Class H concrete shall include a measurement of permeability by ASTM C 1202 Electrical Indication of Concrete’s Ability to Resist Chloride Ion Penetration. f) Class H concrete shall include a measurement of cracking by AASHTO T334 Standard Practice for Estimating the Cracking Tendency of Concrete. The sample shall be cured at a temperature of 65 to 75 °F and relative humidity not exceeding 40 percent. g) Class P concrete shall include AASHTO T 97 (ASTM C 78) Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) performed with at least two specimens at seven days and four specimens at 28 days. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meters and wires. Placement shall be as directed by Pasco. Page 138 of 199 B-13 | P a g e City of Pasco Small Cell Infrastructure Design Standards The maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 1½ inch. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table A-5. The laboratory trial mix shall have a relative yield of 0.99 to 1.02. If the produced concrete does not have a relative yield of 0.99 to 1.02 for two consecutive yield determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative yield to Pasco. Aggregate data shall include the results of the following: a) AASHTO T 11 (ASTM C 117) Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing. b) AASHTO T 19 (ASTM C 29) Unit Weight and Voids in Aggregate. c) AASHTO T 21 (ASTM C 40) Organic Impurities in Fine Aggregate for Concrete. d) AASHTO T 27 (ASTM C 136) Sieve Analysis of Fine and Coarse Aggregates. e) AASHTO T 84 (ASTM C 128) Specific Gravity and Absorption of Fine Aggregate. f) AASHTO T 85 (ASTM C 127) Specific Gravity and Absorption of Coarse Aggregate. g) AASHTO T 96 (ASTM C 131) Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. h) AASHTO T 104 (ASTM C 88) Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. i) CP 37 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test j) ASTM C 535 Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine k) ASTM C1260 Determining the Potential Alkali Reactivity of Aggregates (Accelerated Mortar-Bar Method). When an aggregate source is known to be reactive, ASTM C1567 results may be submitted in lieu of ASTM C1260 results. Any aggregate tested by ASTM C1260 with an expansion of 0.10 percent or more, or that is known to be reactive, shall not be used unless mitigative measures are included in the mix design. Test results from ASTM C1293 Standard Test Method for Determination of Length Change of Concrete Due to Alkali-Silica Reaction may be substituted for ASTM C1260 test results. The ASTM C1293 test shall be run on an individual source of aggregate. The ASTM C1293 test shall not use fly ash or slag as part of the cementitious material content. Any aggregate source tested by ASTM C1293 with an expansion greater than or equal to 0.04 percent at one year shall not be used unless mitigative measures are included in the mix design. Mitigative measures shall be tested using ASTM C1567 and exhibit an expansion less than 0.10 percent by one of the following methods: a) Combined Aggregates. The mix design sources of aggregates, cement and mitigative measures shall be tested. The proportions of aggregates, cement and mitigative measures shall be those used in the mix design. b) Individual Aggregates. Each source and size of individual aggregates shall be tested. The source of cement and mitigative measures shall be those used in the mix design. The highest level of mitigative measures for any individual aggregate shall be the minimum used in the mix design. The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, fly ash and silica fume meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. Approved fly ash may be substituted for ASTM C150 cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious material. For all concrete mix designs with ASTM C595 or C1157 cements, the total pozzolan content shall not exceed 30 percent by weight of the cementitious material content. When the Contractor’s use of fly ash results in any delay, necessary changes in admixture quantities or source, or unsatisfactory work, the cost of such delays, changes, or corrective actions shall be borne by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, silica fume or aggregate. When a Page 139 of 199 B-14 | P a g e City of Pasco Small Cell Infrastructure Design Standards change occurs in the source of approved admixtures, the Contractor shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. The change will be approved by Pasco prior to use. The use of approved accelerating, retarding or hydration stabilizing admixtures to existing mix designs will be permitted at the discretion of Pasco when documentation includes the following: a) Manufacturer’s recommended dosage of the admixture b) A letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. Unless otherwise permitted by Pasco, the product of only one type of hydraulic cement from one source of any one brand shall be used in a concrete mix design. Review and approval of the Concrete Mix Design by Pasco does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. Batching Measuring and batching of materials shall be done at a batching plant in accordance with AASHTO M 157. The Contractor shall furnish a batch ticket (delivery ticket) with each load for all classes of concrete. Concrete delivered without a batch ticket containing complete information as specified shall be rejected. The Contractor shall collect and complete the batch ticket at the placement site and deliver all batch tickets to Pasco on a daily basis. Pasco shall have access to the batch tickets at any time during the placement. The following information shall be provided on each batch ticket: a) Supplier’s name and date b) Truck number c) Project number and location d) Concrete class designation and item number e) Cubic yards batched f) Time batched g) Mix design number h) Type, brand, and amount of each admixture i) Type, brand, and amount of cement and fly ash j) Weights of fine and coarse aggregates k) Moisture of fine and coarse aggregate l) Gallons (Pounds) of batch water (including ice) m) Gallons of water added by truck operator plus quantity of concrete in the truck each time water is added n) Number of revolutions of drum at mixing speed (for truck mixed concrete) o) Discharge time p) Location of batch in placement q) Water to cementitious material ratio (required for deck concrete only) The drum on each truck mixer shall be reversed prior to charging to eliminate any wash water remaining in the mixer. a) Portland Cement and Fly Ash. Either sacked or bulk cement may be used. No fraction of a sack of cement shall be used in a batch of concrete unless the cement is weighed. All bulk cement shall be weighed on an approved weighing device. The bulk cement weighing hopper shall be sealed and vented to preclude dusting during operation. The discharge chute shall be so arranged that cement will not lodge in it or leak from it. Separate storage and handling equipment shall be provided for the fly ash. The fly ash may be weighed in the cement hopper and discharged with the cement. b) Water. Unless water is to be weighed, the water-measuring equipment shall include an auxiliary tank from which the measuring tank shall be filled. The measuring tank shall be equipped with an outside tap and valve to provide for checking the calibration unless other means are provided for readily and accurately determining the amount of water in the tank. The volume of the auxiliary Page 140 of 199 B-15 | P a g e City of Pasco Small Cell Infrastructure Design Standards tank shall be at least equal to that of the measuring tank. In lieu of the volume method specified above, the Contractor will be permitted to use a water metering device that is accurate within the prescribed limits. c) Aggregates. Aggregates from different sources and of different gradings shall not be stockpiled together. Aggregate shall be handled from stockpiles or other sources to the batching plant in such manner as to secure a uniform grading of the material. Aggregates that have become segregated, or mixed with earth or foreign material, shall not be used. All aggregates produced or handled by hydraulic methods, and washed aggregates, shall be stockpiled or binned for draining at least 12 hours before being batched. Rail shipment requiring more than 12 hours will be accepted as adequate binning only if the car bodies permit free drainage. In case the aggregates contain high or non-uniform moisture content, storage or stockpile period in excess of 12 hours may be required. d) Bins and Scales. The batching plant may include bins, weighing hoppers, and scales for the fine aggregate and for each size of coarse aggregate. If cement is used in bulk, a bin, hopper, and scale for cement shall be included. A single weighing hopper with an accumulative scale will be permitted, provided a separate scale is used for weighing cement. Mixing Concrete may be mixed in stationary mixers, in a central-mix plant, in truck mixers, or in self-contained mobile mixers. Mixing time shall be measured from the time all materials, except water, are in the drum. Silica fume, when specified, shall be added to the mix during initial batching. a) Mixing General. The concrete shall be deposited in place within 90 minutes after batching when concrete is delivered in truck mixers or agitating trucks, and within 60 minutes when delivered in non-agitating trucks. a. The 90 minute time limit for mixer or agitating trucks may be extended to 120 minutes if: i. No water is added after 90 minutes. ii. The concrete temperature prior to placement is less than 90 °F b. The 90 minute time limit for mixer or agitating trucks may be extended to 180 minutes if: i. No water is added after 90 minutes. ii. The concrete temperature prior to placement is less than 90 °F. iii. The approved concrete mix contains a water reducing and retarding admixture which conforms to AASHTO M 194, Type D. b) Stationary Mixing. When mixed in a central mixing plant, the mixing time shall be between 50 and 90 seconds. Four seconds shall be added to the specified mixing time if timing starts the instant the skip reaches its maximum raised position. Mixing time ends when the discharge chute opens. Transfer time in multiple drum mixers is included in mixing time. The contents of an individual mixer drum shall be removed before a succeeding batch is emptied therein. The volume of concrete mixed per batch may exceed the mixer’s nominal capacity, as shown on the manufacturer’s standard rating plate on the mixer, up to 10 per cent provided concrete test data for strength, segregation, and uniform consistency are satisfactory, and provided spillage of concrete does not occur. The batch shall be so charged into the drum that a portion of the mixing water shall enter in advance of the cement and aggregates. The flow of water shall be uniform and all water shall be in the drum by the end of the first 15 seconds of the mixing period. The throat of the drum shall be kept free of such accumulations as may restrict the free flow of materials into the drum. The timing device on stationary mixers shall be equipped with a bell or other suitable warning device adjusted to give a clearly audible signal each time the lock is released. In case of failure of the timing device, the Contractor will be permitted to operate while it is being repaired, provided the Contractor furnishes an approved timepiece equipped with minute and second hands. If the Page 141 of 199 B-16 | P a g e City of Pasco Small Cell Infrastructure Design Standards timing device is not placed in good working order within 24 hours, further use of the mixer will be prohibited until repairs are made. c) Truck Mixing. Truck mixed concrete shall conform with one of the following: a. Concrete mixed entirely in a truck mixer equipped with a mechanical counter shall be partially mixed at the plant or in transit for not less than 20 revolutions of the drum at mixing speed. The revolutions of the drum at charging speed shall not be counted as mixing revolutions. The concrete shall be mixed between 50 and 100 revolutions of the mixer drum at mixing speed at the delivery site before discharge of the concrete. b. Concrete partially mixed in a stationary central mixing plant with mixing brought to completion in a truck mixer (known as shrink mixing) shall be mixed for a minimum of 30 seconds in the stationary mixer. Mixing shall be completed in the truck mixer for at least 20 but not more than 100 revolutions of the mixer drum at mixing speed at the delivery site before discharge of the concrete. c. Concrete mixed entirely in a stationary mixer and delivered to the job in a truck mixer shall be remixed for a minimum of 20 revolutions of the mixing drum at mixing speed at the job site prior to discharge. When water is added at the delivery site to control the consistency of the concrete, the concrete shall be mixed for at least 20 revolutions of the mixer drum at mixing speed for each addition of water before discharge. These revolutions are in addition to the minimum revolutions required for mixing at the delivery site. Water from all sources shall be documented by the ready mix producer on the delivery slip for each load of concrete. The Contractor shall provide a Concrete Truck Mixer Certification. This certification shall show the various pick-up and throw-over configurations and wear marks so that the wear on the blades can be checked. Blades shall be replaced when any part or section is worn 1 inch or more below the original height of the manufacturer’s design. A copy of the manufacturer’s design, showing the dimensions and arrangement of blades, shall be available to Pasco at all times. The Contractor shall furnish a water-measuring device in good working condition, mounted on each transit mix truck, for measuring the water added to the mix after the truck has left the charging plant. Each measuring device shall be equipped with an easy-to-read gauge. Water shall be measured to the accuracy prescribed in AASHTO M 157. d) Self Contained Mobile Mixer. Proportioning and mixing equipment shall be of the self-contained, mobile, continuous mixing type subject to the following: a. The mixer shall be self-propelled and be capable of carrying sufficient unmixed dry, bulk cement, fine aggregate, coarse aggregate, admixtures and water to produce on the site not less than 6 cubic yards of concrete. The mixer shall have one bin for each size aggregate. b. The mixer shall be capable of positive measurement of cement being introduced into the mix. A recording meter visible at all times and equipped with a ticket printout shall indicate the quantity of total concrete mix. c. The mixer shall provide positive control of the flow of water into the mixing chamber. Water flow shall be indicated by flow meter and be readily adjustable to provide for minor variations in the aggregate moisture. d. The mixer shall be capable of being calibrated to automatically proportion and blend all components of indicated composition on a continuous or intermittent basis as required by the finishing operation, and shall discharge mixed material through a conventional chute directly in front of the finishing machine. e. The Contractor shall perform calibration tests according to the equipment manufacturer’s recommendations at the beginning of each project, and when there is a change in the mix design proportions or source of materials. Pasco may require a calibration test or yield check whenever a change in the characteristics of the mixture is observed. The tolerances in proportioning the various ingredients shall be according to subsection 6.8 of AASHTO M 241. Page 142 of 199 B-17 | P a g e City of Pasco Small Cell Infrastructure Design Standards Air Content Adjustment When a batch of concrete delivered to the project does not conform to the minimum specified air content, an air entraining admixture conforming to AASHTO M 154 may be added. After the admixture is added, the concrete shall be re-mixed for a minimum of 20 revolutions of the mixer drum at mixing speed. The concrete shall then be re-tested by QC. Acceptance and Pay Factors These provisions apply to all concrete. The Contractor shall sample concrete items for both QC and QA in accordance with CP 61. Pasco will witness the sampling and take possession of the QA samples at a mutually agreed upon location. a) Air Content. The first three batches at the beginning of production shall be tested by QC and QA for air content. When air content is below the specified limit, it may be adjusted in accordance with Section 6.4 – Air Content Adjustment. Successive batches shall be tested by QC and witnessed by Pasco until three consecutive batches are within specified limits. After the first three batches, the City will follow the random minimum testing schedule. Air content shall not be adjusted after a QA test. b) Slump. Slump acceptance, but not rejection, may be visually determined by Pasco. During the placement of the concrete, when a batch exceeds the maximum slump specified, the following procedure shall be used to analyze the acceptability of the concrete. a. A batch that exceeds the maximum slump specified by more than 1 inch will be rejected. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to acceptance at reduced price, no payment, or removal as determined by Pasco. b. A batch that exceeds the maximum slump specified by 1 inch or less may be incorporated into the project at a reduced price, calculated as follows: The first batch that exceeds the maximum slump specified by ½ inch or less will be accepted at full price. The first batch that exceeds the maximum slump specified by more than ½ inch and up to 1 inch, which the Contractor elects to place, will be accepted at a reduced price. The second and third successive batches of a series that exceed the maximum slump specified by 1 inch or less, which the Contractor elects to place, will be accepted at a reduced price. The fourth and all other successive batches of a series that exceed the maximum slump specified shall be rejected. The rejected batch count will stop with a batch that has less than the maximum slump, and will resume at one with the next batch that exceeds the maximum slump. c) Strength (When Specified). The concrete will be considered acceptable when the running average of three consecutive strength tests is equal to or greater than the specified strength and no single test falls below the specified strength by more than 500 psi. A test is defined as the average strength of three test cylinders cast in plastic molds from a single sample of concrete and cured under standard laboratory conditions prior to testing. If the compressive strength of any one test cylinder differs from the average by more than 10 percent that compressive strength will be deleted and the average strength will be determined using the compressive strength of the remaining two test cylinders. For concrete having specified strength of 4500 psi or greater, when the compressive strength test is below the specified strength by more than 500 psi but not more than 1000 psi, the concrete represented will be evaluated by Pasco for removal, corrective action, or acceptance at a reduced price. All costs of the evaluation shall be at the Contractor’s expense. When the compressive strength test is below the specified strength by more than 1000 psi, the concrete represented will be rejected. Pasco may use cores to determine acceptance or rejection of a part of the structure instead of acceptance cylinders. Pasco will notify the Contractor within 10 working days after concrete placement that the City may core the structure. The location of the coring will be directed by Pasco. Page 143 of 199 B-18 | P a g e City of Pasco Small Cell Infrastructure Design Standards Coring and testing will be performed at the expense of the City regardless of the result. Cores will be taken and tested in accordance with AASHTO T24 between 28 days and 45 days after concrete placement. Cores will be a minimum of 4 inches in diameter, unless otherwise approved by Pasco. A minimum of three cores in a two square foot area will be obtained for locations of the structure that are suspect. If the compressive strength of any one core differs from the average by more than 10 percent that compressive strength will be deleted and the average strength will be determined using the compressive strength of the remaining two cores. If the compressive strength of more than one core differs from the average by more than 10 percent the average strength will be determined using all three compressive strengths of the cores. If the average core compressive strength is greater than or equal to 85 percent of the specified 28-day compressive strength, the concrete represented by the cores will be accepted. If the concrete represented by the cores is accepted, all costs associated with the repair of the core holes, including preparation and submittal of the repair method, will be measured and paid for separately. After the City performs additional core testing as described above, the Contractor may make one request that the structure be cored and reevaluated by the City within 45 days after concrete placement. Coring and testing costs will be at the expense of the Contractor regardless of the result. Cores shall be taken at the same area of the structure as those obtained by Pasco. Pasco will approve the location of the cores prior to the Contractor coring the structure. All costs associated with the repair of these core holes, including preparation and submittal of the repair method, will not be measured and paid for separately, but shall be included in the work. If the concrete in the structure is found to be sufficient resulting time delays will be considered excusable. If the concrete in the structure is still found to be deficient, resulting time delays will be considered non-excusable for this evaluation. The Contractor shall submit a proposed repair method for the core holes for approval prior to coring. The method shall use an approved non-shrink concrete patching material with a minimum compressive strength of 4500 psi. The Contractor shall submit the manufacturer’s recommendations along with the repair method. Pasco will review and approve the proposed methodology prior to patching. Class HT concrete overlays shall not be opened to traffic, including construction traffic, for at least 14 days after placement. At Pasco’s discretion, the overlay may be opened to construction traffic sooner than 14 days but not until after the curing period has elapsed and the average strength of two field cured cylinders has reached 4500 psi. The field cured cylinders shall be made in accordance with AASHTO T 23 Making and Curing Concrete Test Specimens in the Field. Unless otherwise stated in the plans or specifications, tolerances for concrete construction and materials shall be in accordance with ACI 117. END OF SECTION Page 144 of 199 B-19 | P a g e City of Pasco Small Cell Infrastructure Design Standards B.5 Reinforcing Steel Description This work consists of furnishing and placing reinforcing steel in accordance with these specifications and in conformity with the plans. Reinforcing Steel Reinforcing steel shall conform to the requirements of the following specifications: Deformed and Plain Billet-Steel Bars for Concrete Reinforcement ASTM A 615 Axle-steel Deformed and Plain Bars for Concrete Reinforcement ASTM A 996 Low-Alloy Steel Deformed Bars for Concrete Reinforcement [to be Welded] ASTM A 706 Fabricated Deformed Steel Bar Mats for Concrete Reinforcement ASTM A 184 Unless otherwise designated, bars conforming to ASTM A 615 & ASTM A 996 shall be furnished in Grade 60 for # 5 bars and larger and Grade 40 or 60 for bars smaller than # 5. In ASTM A 184, bar material conforming to ASTM A 616 will not be permitted. Bar List Two copies of a list of all reinforcing steel and bending diagrams shall be furnished to Pasco at the site of the work at least one week before the placing of reinforcing steel is begun. Such lists will not be reviewed for accuracy. The Contractor shall be responsible for the accuracy of the lists and for furnishing and placing all reinforcing steel in accordance with the details shown on the plans. Bar lists and bending diagrams which are included on the plans, do not have to be furnished by the Contractor. When bar lists and bending diagrams are included on the plans, they are intended for estimating approximate quantities. The Contractor shall verify the quantity, size and shape of the bar reinforcement against those shown on the plans and make all necessary corrections before ordering. Protection of Materials Reinforcing steel shall be protected at all times from damage. When placed in the work, the reinforcing steel shall be free from dirt, loose mill scale, paint, oil, loose rust, or other foreign substance. Bending Unless otherwise permitted, all reinforcing bars shall be bent cold. Bars partially embedded in concrete shall not be field bent except as shown on plans or permitted. Bars shall not be bent or straightened in a manner that will injure the material. Should Pasco approve the application of heat for field bending reinforcing bars, precautions shall be taken to assure that the physical properties of the steel will not be materially altered. Placing and Fastening The minimum spacing center to center of parallel bars shall be 2½ times the diameter of the bar. However, the clear distance between the bars shall not be less than 1½ times the maximum size of the coarse aggregate or 1½ inches, whichever is greater. Bundle bars shall be tied together at not more than 6-foot centers. All reinforcement shall have a clear coverage of 2 inches, except as shown on the plans. Clear coverage shall be measured from the surface of the concrete to the outside of the reinforcement. Reinforcement used in post-tensioned concrete shall be adjusted or relocated during the installation of prestressing ducts or tendons, as required, to provide location and planned clearances to the prestressing tendons, anchorages, jacks and equipment as approved by Pasco. All reinforcement shall be tied at all intersections except where spacing is less than 1 foot in each direction, in which case alternate intersections shall be tied. Page 145 of 199 B-20 | P a g e City of Pasco Small Cell Infrastructure Design Standards The placing, fastening, splicing and supporting of reinforcing steel reinforcement shall be in accordance with the plans and the latest edition of “CRSI Recommended Practice for Placing Reinforcing Bars.” In case of discrepancy between the plans and the CRSI publication stated above, the plans shall govern. Automated tie wire devices may be used. The total cross-sectional area of the automated tie wire wrap shall roughly equal the total cross-sectional area of a manually installed tie wire wrap. END OF SECTION Page 146 of 199 SMALL CELL INFRASTRUCTURE IN PASCO B Small Cell Infrastructure in Pasco The following section describe what a small cell is, why they are being installed in Pasco, and who to contact for additional information. Refer to Appendix C for more information about why small cells are being installed in Pasco. C-1 | P a g e Appendix C Page 147 of 199 January 2019 Small Cell Infrastructure in Pasco The City of Pasco is receiving growing numbers of requests from wireless providers and wireless infrastructure companies to construct small cell facilities in the public right of way. What are Small Cell facilities? Small Cell facilities are low-powered antennas that provide cellular and data coverage to smaller geographic areas, supplementing the larger cellular network. Small Cell equipment is proposed to be located on poles, wires, or buildings. Small Cell equipment is allowed in the public right of way per Federal and State Law just like other utilities. Small Cell equipment will initially meet current 4G (LTE) voice and data demands, but we understand it may be modified with future 5G higher speed equipment as technology changes. What is the role of Pasco Public Works related to Small Cell infrastructure? Pasco Public Works reviews applications for Small Cell equipment in the public right of way. Requests for Small Cell equipment on new freestanding poles are processed as Encroachment Permits. Federal law requires the City to process applications in batches (currently 10 poles or less per application), and in 90 days or less. Pasco Public Works is working with each proposing carrier to standardize the physical and aesthetic appearance of equipment as much as possible. Pasco Public Works is having success requesting that applicants limit the height of new freestanding poles to less than 35 feet, similar to existing street lighting in the public right of way. Pasco Public Works is encouraging co- location of new equipment onto existing poles and infrastructure in the public right of way wherever possible. Page 148 of 199 Small Cell Infrastructure is coming to Pasco Here’s the current state of Small Cell technology, as we understand it from the wireless carrier industry. 1. Why are we seeing a surge in interest to install wireless infrastructure? Researchers say mobile data traffic in North America has grown significantly, and is projected to continue increasing at a rapid rate with the proliferation of mobile devices. In our City there has been a surge in population and economic growth, and wireless carrier companies are indicating that existing infrastructure is becoming congested and cannot continue to meet the demands of their customers. 2. What type of infrastructure is proposed? Source: Crown Castle Wireless carrier companies have indicated that until recently, wireless phone service in general has been managed using large antennas mounted on towers located on both public and private property. Those antennas serve relatively large areas, or “cells” up to several miles away. Carriers have explained to the City that existing cell sites are already becoming congested and that installing more cell towers covering large areas will not keep up with projected demand for high speed wireless data that is growing rapidly. To meet demands for wireless data, carriers have begun using new lower-powered antenna technology to “offload” data traffic from the larger cell towers. Each of these smaller antennas serves a much smaller area (1-2 blocks) but with much higher data volumes. This type of wireless infrastructure is referred to as “Small Cell.” Typical large cellular antenna. Credit: Joe Ravi via Wikimedia Commons Data is transferred from Small Cells to large antenna Source: Qualcomm Technology Source: Crown Castle Page 149 of 199 Source: (3) Small Cell antenna equipment is typically the size of a suitcase and must be under 36 cubic feet in total volume according to Federal law. The types of equipment and method of deployment being proposed in Pasco will vary widely and depend upon the network needs and technology requirements of the various wireless carriers. Typical antenna locations are expected to be: Mounted onto existing utility or street lighting poles. Placed onto new freestanding poles erected in the public right of way. Strung on wires between existing poles. Mounted onto existing buildings on public and private property. There are an estimated 60,000 plus Small Cell units already operating nationwide. Requests for Small Cell antenna installations in the City of Pasco are expected to rise in the coming months as wireless companies work to meet the increasing wireless data demands of their customers. We understand hundreds, if not thousands, of additional Small Cell antennas may be proposed in Pasco by cellular carrier companies. It appears that most new infrastructure being proposed today is servicing current 4G (“4th Generation”) cellular and data needs, also known as “LTE”. However, wireless carriers are already preparing plans for imminent 5G (“5th Generation”) wireless networks, expected to service even higher speed data from densely placed antennas. 3. Types of Applicants Source: (2) Pasco has learned that the companies that intend to build Small Cell infrastructure follow different business models. Some companies will construct their own infrastructure to service wireless demand from their own customers (AT&T and Verizon Wireless, for example). Other companies will construct wireless infrastructure and then lease or sell service to wireless providers that do not wish to construct and own their own equipment (Crown Castle for T-Mobile, and Mobilitie for Sprint, for example). Source: Crown Castle Photo Sources: (1) scientists4wiredtech.com; (2) steelintheair.com; (3) wade4wireless.com Source: (1) Page 150 of 199 4. Federal and State Law on Small Cell Infrastructure Wireless infrastructure is subject to the parameters of Federal Communications Commission (FCC) and State law. In addition to FCC requirements surrounding wireless radio placement and transmissions, the State of Washington recently approved a new law that establishes that wireless providers have the legal right to locate Small Cell equipment in the public rights of way of Washington. The new law is specific that municipalities may not entirely deny or discriminate against Small Cell infrastructure, treating the equipment in the same way as other permitted users of the right of way. However, Pasco still maintains the authority to regulate new Small Cell equipment based on public health, safety, and welfare, and deny or require change to proposals that conflict with other uses of the public right of way or are otherwise unlawful. Immediately following the passage of the Federal law, the City anticipates interest from multiple companies (see last page of this handout) and has received numerous inquiries for Small Cell equipment in the public right of way. 5. Why can’t Small Cell equipment just be placed on current poles? Of note, the City of Pasco does not own or maintain most existing street lighting, utility, or traffic signal poles in the public right of way. The majority of these current poles are owned and maintained by Franklin PUD or other utility companies. For years, Franklin PUD and other utility companies have allowed the mounting of cellular equipment onto utility poles, and there are many existing examples throughout Pasco. These locations are preferred for wireless networks as they are already standing, are of adequate height for antennas, and have electrical power nearby. However, space on utility poles is scarce, and becoming increasingly eliminated as poles are removed when unsightly overhead lines are relocated underground. Franklin PUD intends to allow companies to attach (or “co-locate”) Small Cell equipment onto existing street light poles in Pasco. There are over 4,800 such poles throughout the City; however, it is unknown how many could possibly support additional equipment or be replaced with a pole/ light combination. The City understands that it each company must reach final agreement with Franklin PUD for co-locating, then work with Franklin PUD to review and approve individual pole locations. Some street light locations that are not capable of accepting new equipment may be removed and replaced with a combination street light/ antenna pole. The City of Pasco also owns and maintains most of the traffic signal poles in Pasco (typically located at street intersections). The City of Pasco locates emergency response, and other municipal equipment (cameras, etc.) on traffic signal poles. The City is carefully evaluating whether it will be possible to allow additional wireless infrastructure on these poles without conflicting with current traffic or safety equipment. 6. Why can’t cellular infrastructure be located on private property? A quick glance around most parts of Pasco will reveal many cellular antennas already located on private property. However, because of the complexities and length of time to create agreements with individual property owners, many companies have disclosed to the City that it is not feasible to deploy Small Cell equipment in this manner and still meet current data demands. If and when a company identifies a good location for mounting Small Cell equipment on private property, it will be regulated by the City’s Community and Economic Development Department using requirements of the current Pasco Zoning Code. The Zoning Code includes parameters for height, size, placement, etc. on private property to preserve the intent and character of the zoning district. Zoning Code requirements do not apply in public right of way. Source: Verizon Wireless Source: rcrwireless.com Page 151 of 199 7. Why can’t cellular infrastructure be combined onto one pole? For now, the City understands that the siting of Small Cell antennas is dictated by the wireless provider and its customer’s needs, terrain, and radio frequency modeling results. Each wireless provider has different objectives and may not need the same locations. Each carrier, who owns rights to a spectrum of operating frequency, states that some separation with competing antennas is necessary to avoid signal interference. With that said, the City understands that Small Cell technology is evolving rapidly towards the ability to share antennas or even poles between multiple carriers. The City is exploring all options and is encouraging pilot programs that demonstrate how the equipment for multiple carriers can be combined into a single pole, with the long-term goal of minimizing the amount of new infrastructure placed in the public right of way. 8. How is the City handling Small Cell infrastructure proposed in the public right of way? The City is currently reviewing all new pole applications in conjunction with Federal law, as well as Pasco Rules and Ordinances. Pasco Public Works is the responsible entity for permitting any infrastructure, object, or construction in the public right of way of Pasco. Public Works currently performs careful consultation with top executive and program management staff from each wireless provider about proposed infrastructure programs before the provider is allowed to submit any applications for approval. This ensures that each provider approaches the City in a consistent manner, and that the City’s current policies and permitting procedures are well known at the outset. Per Federal law, the City must allow each company to propose their infrastructure in the public right of way. Additionally, the City must offer permitting procedures that can process “bulk” Small Cell programs in batches, in 90 days or less, rather than requiring individual permits for each pole or antenna. In response to these requirements, Public Works has established a plan review and permitting program that combines existing Utility Plan Review and Encroachment Permitting into one contiguous process. Each applicant may submit batches of 10 or fewer unique poles or pieces of ground-mounted equipment per application. Each application will result in a revocable Encroachment Permit. This batch permitting system ensures that each Small Cell application follows the same procedures and standards as any other user of the public right of way, while minimizing City processing and administration labor. Each Encroachment Permit requires a complete and public-facing plan review process. The City Public Works Department logs each application for review by internal and external stakeholders (such as utility companies, etc.), special Districts, and known neighborhood groups using an electronic plan review website. The City has created procedures that will also ensure the applicant has notified adjacent property owners at each proposed pole location during this process. Any comments received from the plan review process are accepted and must be addressed by the applicant. Comments that are deemed to have technical merit (identifying unlawful or conflicting proposed infrastructure) are required to be fully resolved by the applicant. If an Encroachment Permit is issued, the associated batch of new poles is approved to proceed to Right of Way Construction Permitting. Of note, the very first Encroachment Permit for ground- mounted Small Cell equipment by any Company requires approval by City Council. Additionally, each pole or piece of ground-mounted equipment approved by an Encroachment Permit requires a $200 annual fee, and every Permit is revocable by the City under specified circumstances. 9. Can the City limit or standardize Small Cell infrastructure? As mentioned above, the City is currently exploring its policies and ordinances for Small Cell infrastructure within the parameters of Federal and State law. Under current law, it is not clear how the City can restrict height, design, or location (unless conflicting) of Small Cell infrastructure. However, as the City as a whole considers new polices and rulemaking, the City Public Works Department is having success in coordinating expectations and recommendations through enhanced communication efforts at the outset of each company’s program. So far each applicant has been receptive to: • Considering standardizing pole design elements, color, location, etc. to meet intent and character of existing infrastructure in the public right of way. • Limiting pole heights to match existing street lighting and other poles in the public right of way. • Generally avoiding placing poles adjacent to parks and historical places. • Encouraging pole and equipment designs that enclose as much equipment as possible to minimize visual impact. • Co-locating equipment onto existing infrastructure wherever feasible. • Installing consistent infrastructure that does not discriminate based on neighborhood type, demographic, or character. • Exploring new concepts in combining equipment from multiple companies into single poles. Page 152 of 199 Public Works has placed top priority in coordinating design elements for proposed Small Cell infrastructure, and how companies should maximize aesthetics while minimizing congestion of the public right of way. Below are several examples of new Small Cell equipment recently constructed in other cities. 10. Who can I contact? The City of Pasco strongly encourages direct communication with the specific wireless provider or company who is installing specific equipment. City of Pasco staff is also available to discuss processing and policy related questions. The following list of contacts that have approached the City so far is provided for your convenience: NAME EMAIL ADDRESS AFFILIATION Pasco Public Works Director: Steve Worley Pasco Community & Economic Development Director: Rick White Verizon Wireless: Debbie Essert worleys@pasco-wa.gov whiter@pasco-wa.gov Debbie.Essert@verizonwireless.com Zayo Group: Alec Geist AT&T Wireless: Jennifer Price Franklin PUD Facility Attachments: Alec.Geist@zayo.com jp210a@att.com Jennifer Johnson Crown Castle (currently servicing T-Mobile): Scott Harry Page 153 of 199 AGENDA REPORT FOR: City Council January 4, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/7/19 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Ex-officio Board Member-Regional Chamber of Commerce I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion and appointment of City representative III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City recently became a member of the Tri-Cities Regional Chamber of Commerce. The Board of Directors for the Regional Chamber has invited the City’s engagement through the appointment of an ex-officio Director on the 2019 Board of Directors. While ex-officio members of the Board are not entitled to vote; they are provided a few minutes during Board of Directors meetings to report on relevant information regarding their organization. The board meets on the 3rd Wednesday of February, April, June, August, October, and December. The meetings are from 7:00 to 8:30 a.m. in the Bechtel Board Room at the Tri-Cities Visitor & Business Center. V. DISCUSSION: Page 154 of 199 AGENDA REPORT FOR: City Council December 31, 2018 TO: Dave Zabell, City Manager Regular Meeting: 1/7/19 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Sale of City Properties on Lewis Street and Commercial Ave. I. REFERENCE(S): Resolutions (2) Offer Summaries with Purchase and Sale Agreements (2) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving the sale of certain real property on Lewis Street. MOTION:I move to approve Resolution No. _____, approving the sale of certain real property on Commercial Ave. III. FISCAL IMPACT: Approximately $990,000 net to General Fund IV. HISTORY AND FACTS BRIEF: The City owns two parcels of land for which they have received offers as follows: A 3.78 acre property on East Lewis Street, east of Oregon Ave. The property is, mostly, zoned C-1 Commercial, with a portion as R-1 Residential. The property was recently considered surplus by the City Council and a market analysis was completed by the City's broker. The proposed sale price is $375,000 ($2.27 sq. ft.) and just above the City's asking price and value per the market analysis. A 7.85 acre property on Commercial Ave.The property is zoned L-1,Light Industrial. The property was recently considered surplus by the City Council and a market analysis was completed by the City's broker. The proposed sale price is $684,000 ($2.00 sq. ft.) and at the City's asking price and value per appraisal and the market Page 155 of 199 analysis. V. DISCUSSION: Staff recommends approval of the proposed Resolutions authorizing the City Manager to complete the two sales per the agreements. Page 156 of 199 Offer Summary d1!JSVN usllmsrnnlv/.41». Property Address nka Lewis Street [Parcel #1i2.073.088 Buyer Weiss Family Services Buyer’s Broker Michael Weiss Offer Price $375,000 Estimated Net Proceeds $350,409 Method of Payment Cash Bank None Earnest Money $9,375 Earnest Money Due 5 Days from Mutual Acceptance Due Diligence 150 Days Other Contingencies None Proposed Closing Date Within 30 Days of Satisfaction of Due Diligence Page 157 of 199 83CommercialBrokersAssociation2011 ALLRIGHTS RESERVED CBA Form P5_tA Purchase &Sale Agreement Rev.1/ZD11 Page 1 of 13 COMMERCIAL8-INVESTMENTREAL ESTATE PURCHASE8:SALE AGREEMENTThishasbeenpreparedforsubmissiontoyourattorneyforreviewandapproval prior tosigning.No representation is made by licenses as to its sui?ciency or tax consequences Reference Date:November 21,2018 Weiss Family Services LLC ("Buyei”)agrees to buy and City of Pasta (“Seller”)agrees to sell, on the followingterms,the commercial real estate and all improvements thereon (collectively,the “Property") commonly known as Lewis Street Parcel #112073088 in the Cityof Pasco ,Franklin County.Washington,legally described on attached ExhibitA.The Reference Date above is intended to be used to reference thisAgreementandisnotthedateof"MutualAcceptance,"which is de?ned in Section 23. 1.PURCHASEPRICE.The purchase price is Three Hundred SeventLFiveThousandDollars($375,000.00 )payable as follows (check only one): Allcash at closing with no ?nancing contingency. D Allcash at closing contingent on new ?nancing in accordance with the FinancingAddendum (attachCBAFormPS_FlN). El $OR %of the purchase price in cash at closing with the balance ofthepurchasepricepaidasfollows(check one or both,as applicable):El Buyer's assumption of theoutstandingprincipalbalanceasoftheClosingDateofa?rst lien note and deed of trust (or mortgage).orrealestatecontract.in accordance with the FinancingAddendum (attach CBA Form PS_F|N);El Buyer'sdeliveryatclosingofapromissorynoteforthebalanceofthepurchaseprice,secured by a deed of trustencumberingtheProperty,in accordance with the FinancingAddendum (attach CBA Form PS_FlN ).CI Other . 2.EARNESTMONEY.The eamest money in the amount of $9,§75.00 shall be in the form of E CashE!Personalcheck Cl Promissorynote (attached CBA Form EMN)Cl Other. The eamest money shall be held by El Selling Firm Closing Agent.Selling Broker may,however,transfer the eamest money to Closing Agent. Buyer shall deliver the earnest money no later than: 5 days after MutualAcceptance. El On the last day of the FeasibilityPeriod de?ned in Section 5 below.D Other:.Ifthe earnest money is to be held by Selling Firm and is over $10,000,it shall be deposited to:El SellingFirm'spooled trust account (withinterest paid to the State Treasurer)El A separate interest bearing trustaccountinSellingFinn's name.The interest,if any,shall be credited at closing to Buyer.If this sale fails toclose,whoeveris entitled to the earnest money is entitled to interest. Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or MutualAcceptance,whichever occurs later.Buyer agrees to pay ?nancing and purchase costs incurred byBuyer.Unless otherwise provided in this Agreement,the earnest money shall be applicable to thepurchaseprice. 3.EXHIBITSAND ADDENDA.The following Exhibits and Addenda are made a part of this Agreement: ExhibitA -Legal Description El Earnest Money Promissory Note,CBA Form EMN iNlTlALS:BUYER DATE://*3"’(5 SELLER DATE:/l’27''If BUYER DATE:/f’Z7=77 SELLER DATE: Page 158 of 199 ©Commercial Brokers Association2011 ALL RIGHTS RESERVED CBA Form PS_1A Purchase 8-Sale Agreement Rev.1/2011 Page 2 of13 COMMERCIAL&INVESTMENTREALESTATE PURCHASE.3.SALE AGREEMENT (commueo) Promissory Note,LPB Form No.28N Short Form Deed of Trust,LPB Form No.20 Deed of Trust Rider,CBA Form DTR UtilityCharges Addendum,CBA Form UA FlRPTA Certification,CBA Form 22E Assignment and Assumption,CBA Fonn PS-AS Addendum/Amendment,CBA Form PSA Back-UpAddendum,CBA Form BU-A Vacant Land Addendum,CBA Form VLA Financing Addendum,CBA Form PS_FlN Tenant Estoppel Certificate,CBA Form PS_TEC DefeasanceAddendum,CBA Form PS_D Other DDUUHUEUUDUU U addition,Seller shall provide Buyer notice prior to the end of the Feasibility Period if Seller is requiredtosubstitutesecuritiesforthePropertyascollateralfortheunderlyingfinancing(known as“defeasance").If Seller provides this notice of defeasance to Buyer,then the parties shall close thetransactioninaccordancewiththeprocessdescribedinCBAFormPS_D or any different processidentifiedinSeller's defeasance notice to Buyer. 5.FEASIBILITYCONTTNGENCY.Buyer's obligations under this Agreement are conditioned uponBuyer's satisfaction in Buyer's sole discretion,concerning all aspects of the Property,including itsphysicalcondition;the presence of or absence of any hazardous substances;the contracts andleasesaffectingtheproperty:the potential ?nancial performance of the Property;the availability ofgovernmentpermitsandapprovals;and the feasibility of the Property for Buyer's intended purpose.This Agreement shall terminate an r hall receive a refund of the earnest money unless BuyergiveswrittennoticetoSellerwithindays(30 days if not filled in)(the “Feasibility Period”)of Mutual Acceptance stating that ths condition is satis?ed.If such notice is timely given.thefeasibilitycontingencystatedinthisSection5shallbedeemedtobesatis?ed. a.Books,Records,Leases,Agreements.Seller shall make available for inspection by Buyer anditsagentswithindays(2 days if not filled in)after Mutual Acceptance all documents in Sellerspossessionorcontrolrelatingtotheownership,operation,renovation or development of the Property,excluding appraisals or other statements of value,and including:statements for real estate taxes,assessments,and utilities for the last three years and year to date;property managementagreementsandanyotheragreementswithprofessionalsorconsultants;leases or other agreementsrelatingtooccupancyofalloraportionofthePropertyandasuite-by-suite schedule of tenants,rents,prepaid rents,deposits and fees;plans,speci?cations,permits,applications,drawings,surveys,andstudies;maintenance records,accounting records and audit reports for the last three years and yeartodate;and “Vendor Contracts"which shall include maintenance or service contracts,and installmentspurchasecontractsorleasesofpersonalpropertyorfixturesusedinconnectionwiththeProperty.BuyershalldetemlinewithintheFeasibilityPeriod:(i)whether Seller will agree to terminate any objectionableVendorContracts;and (ii)whether Seller will agree to pay any damages or penalties resulting from theterminationofobjectionableVendorContracts.Buyer's waiver of the Feasibility Contingency shall bedeemedBuyer's acceptance of all Vendor Contracts which Seller has not agreed in writing totemiinate.Buyer shall be solely responsible for obtaining any required consents to such assumption INITIALSJBUYER/?vl’)DATE:7/'2"/*5 SELLER DATE://—27'V euvrsn DATE:/{—£-7';-/$SELLER DATE: Page 159 of 199 ocornmerctalareluruueoetetionztlll ALLmoms nsesnvso CBAFormPS_IA Purchase a.sole aw.man Penn2 of 1: COMMERCIAL8.INVESTMENTREALESTATEPURCHASE&SALEAGREEMENT (CONTINUED) PromissoryNote.LPB Form No.28A!Short Form Deed of Trust,LPB Fonn No.20DeedofTmstRider.CBA Fonn DTRUtilityChargesAddendum,CBA Form UAFIRPTACerti?cation,CBA Fonn 22EAssignmentandAssumption.CBA Form PS-ASAddendum/Amendment.CBA Form PSABack-UpAddendum,CBAFomlBU-AVacantLandAddendum,CBA Form VLAFinancingAddendum.CBA Fonn PS_FlNTenantEstoppelCerti?cate.CBA FormPS_TECggteasanceAddendum.CBA FormPS_D UIIJUDUIJEUUDC IDD “defeasance').if Seller provides this notice of dateasance to Buyer.then the parties shall close thetransactioninaccordancewiththeprocessdescribedinCBAFcnnPS_D or any different processidentifiedinseller’:defeasance notice to Buyer. 5.FEASIBILITYCONTINGENCY.Buyer's obligationsunder this Agreement are conditioneduponBuyerssatisfactioninBuyerssolediscretion,concerning all aspects of the Property.includingitsphysicalcondition;the presence 0!or absence of any hazardous substances:the contracts and uyergiveswrittennoticetoSellerwithindays(30 days if not ?lled in)(the “FeasibilityPeriod’)of MutualAcceptance stating that s condition is satis?ed.if such notice is timely given,thefeasibilitycontingencystatedinthisSection5shallbedeemedtobesatis?ed. e.Books,Records,Leases.Agreements.Seller shall make available for inspection by Buyer anditsagentswithindays(2 days if not ?lled in)after MutualAcceptance all documentsin Sellerspossessionorcontrolrelatingtotheownership.operation.renovation or development of the Property.excluding appraisals or other statements of value.and including:statements for real estate taxes,assessments,and utilities for the last three years and year to date:property ‘managementagreementsandanyotheragreementswithprofessionalsorconsultants:leases or other agreementsrelatingtooccupancyofalloraportionofthePropertyandasuite-by-suite schedule of tenants.rents, lN|'l'lALS:BUYER {'1J1’DATE:”'2’'/‘3 sense one;/l-27'1/ DATE: _ SELLER DATE:BUYER Page 160 of 199 Page 161 of 199 to Commercial Brokers Association 2011 ALL RIGHTS RESERVED on Form PS_1A Purchase &Sale Agreement Rev.1/2011 Page 3 at 13 COMMERCIAL&INVESTMENTREALESTATE PURCHASE&SALE AGREEMENT (CONTINUED) b.Access.Seller shall permit Buyer and its agents,at Buyer's sole expense and risk to enter thePropertyatreasonabletimessubjecttotherightsofandafterlegalnoticetotenants,to conductinspectionsconcerningthePropertyandimprovements,including without limitation,the structuralconditionofimprovements,hazardous materials,pest infestation,soils conditions,sensitive areas,wetlands.or other matters affecting the feasibility of the Property for Buyer's intended use.Buyer shallscheduleanyentryontothePropertywithSellerinadvanceandshallcomplywithSeller's reasonablerequirementsincludingthoserelatingtosecurity,con?dentiality,and disniption of Seller's tenants.BuyershallnotperformanyinvasivetestingincludingenvironmentalinspectionsbeyondaphaseIassessmentorcontactthetenantsorpropertymanagementpersonnelwithoutobtainingtheSeller's prior writtenconsent,which shall not be unreasonably withheld.Buyer shall restore the Property and improvements tothesameconditiontheywereinpriortoinspection.Buyer shall be solely responsible for all costs of itsinspectionsandfeasibilityanalysisandhasnoauthoritytobindthePropertyforpurposesofstatutoryliens.Buyer agrees to indemnifyand defend Seller from all liens,costs,claims,and expenses,includingattomeys'and experts‘fees,arising from or relating to entry onto or inspection of the Property by Buyeranditsagents.This agreement to indemnifyand defend Seller shall survive closing.Buyer may continuetoenterthePropertyinaccordancewiththeforegoingtermsandconditionsafterremovalorsatisfactionofthefeasibilitycontingencyonlyforthepurposeofleasingortosatisfyconditionsof?nancing. c.Buyer waives the right to receive a seller disclosure statement (“Form 17—Commercial”)if required byRCW64.06.However,if Seller would othen/visebe required to provide Buyer with a Form 17-Commercial,and if the answer to any of the questions in the section of the Form 17-Commercial entitled“Environmental"would be “yes,”then Buyer does not waive the receipt of the "Environmental"section oftheForm17-Commercialwhich shall be provided by Seller. 6.TITLEINSURANCE. a.Title Report.Seller authorizes Buyer,its Lender,ListingBroker,Selling Broker or Closing Agent.atSeller's expense,to apply for and deliver to Buyer a 3 standard CI extended (standard,if not completed)coverage owner's policy of title insurance.if an extended coverage owner's policy is speci?ed,Buyer shallpaytheincreasedcostsassociatedwiththatpolicyincludingtheexcesspremiumoverthatchargedforastandardcoveragepolicy,and the cost of any survey required by the title insurer.The title report shall beissuedby(a title company of Sellers choice,if not completed).if Seller previously received a preliminarycommitment from a title insurer that Buyerdeclinestouse,Buyer shall pay any cancellationfee owing to the original title insurer.Otherwise,the partyapplyingfortitleinsuranceshallpayanytitlecancellationfee,in the event such a fee is assessed.h.Permitted Exceptions.Buyer shall notify Seller of any objectionable matters in the title report oranysupplementalreportwithintheearlierof:(1 )twenty (20)days after Mutual Acceptance of thisAgreement;or (2)the expiration of the FeasibilityPeriod.This Agreement shall terminate and Buyershallreceivearefundoftheearnestmoney,less any costs advanced or committed for Buyer,unlesswithin?ve (5)days of Buyer's notice of such objections (1)Seller agrees,in writing,to remove allobjectionableprovisionsor(2)Buyer noti?es Seller that Buyer waives any objections which Sellerdoesnotagreetoremove.if any new title matters are disclosed in a supplemental title report,thentheprecedingtermination,objection and waiver provisions shall apply to the new title mattersexceptthatBuyer's notice of objections must be delivered within five (5)days of delivery of thesupplementalreportandSeller's response or Buyer's waiver must be delivered within two (2)days of Buyer's notice of objections.The closing date shall be extended to the extent necessary to INlTlALS:BUYER DATE:H 3'43 SELLER DATE:‘1«‘l*IY BUYER DATE:It""‘9'?"?‘SELLER DATE: Page 162 of 199 ©CornmarualBrokers Association2011 ALLRIGHTS RESERVED can Form i>s_iA Purchase 8.Sale Agreement Rev.l/Z011 Page 4 M13 COMMERCIAL&INVESTMENTREAL ESTATE PURCHASE 8:SALE AGREEMENT (CONTINUED) permit time for these notices.Buyer shall not be required to object to any mortgage or deed of trust liens,or the statutory lien for real property taxes,and the same shall not be deemed to be PermittedExceptions;provided,however,that the lien securing any ?nancing which Buyer has agreed to assumeshallbeaPermittedException.Except for the foregoing,those provisions not objected to or for whichBuyerwaiveditsobjectionsshallbereferredtocollectivelyasthe“Permitted Exceptions."Seller shallcooperatewithBuyerandthetitlecompanytoclearobjectionabletitlemattersbutshallnotberequiredtoincuranyout-of-pocket expenses or liabilityother than payment of monetary encumbrances not assumedbyBuyerandprorationofrealpropertytaxes,and Seller shall provide an owner's af?davit containing theinformationandreasonablecovenantsrequestedbythetitlecompany.The title policy shall contain noexceptionsothertrantheGeneralExclusionsandExceptionscommontosuchtomofpolicyandthePermittedExceptions. 7.CLOSING OF SALE.The sale shall be closed on TBD (see Form VLA)("Closing")by ("ClosingAgent”)(Seller shall select the Closing Agent,ifnotcompleted).Buyer and Seller shall deposit withClosing Agent by 12:00p.m.on the scheduledClosingdateallinstrumentsandmoniesrequiredtocompletethepurchaseinaccordancewiththisAgreement. "Closing"shall be deemed to have occurred when the deed is recorded and the sale proceeds areavailabletoSeller.Time is of the essence in the performance of this Agreement.Sale proceeds shall beconsideredavailabletoSeller,even though they cannot be disbursed to Seller until the next business dayafterClosing.Notwithstanding the foregoing,if Seller informed Buyer during the Feasibility Period thatSellefsunderlying?nancing requires that it be defeased and may not be paid off,then Closing shall beconductedinaccordancewiththethree-day closing process described in CBA Form PS_D.ThisAgreementisintendedtoconstituteescrowinstructionstoClosingAgent.Buyer and Seller willprovide anysupplementalinstructionsrequestedbyClosingAgentprovidedthesameareconsistentwiththisAgreement. 8.CLOSING COSTS AND PRORATIONS.Seller shall deliver an updated rent roll to Closing Agent notlaterthantwo(2)days before the scheduled Closing date in the form required by Section 5(a)and anyotherinfonnationreasonablyrequestedbyClosingAgenttoallowClosingAgenttoprepareasettlementstatementforClosing.Seller certi?es that the informationcontained in the rent roll is correct as of the datesubmitted.Seller shall pay the premium for the owner's standard coverage title policy.Buyer shall pay theexcesspremiumattributabletoanyextendedcoverageorendorsementsrequestedbyBuyer,and the cost of any survey required in connection with the same.Seller and Buyer shall each pay one—halfof the escrow fees.Any real estate excise taxes shall be paid by the party who bears primary responsibilityfor payment under the applicable statute or code.Real and personal property taxes and assessments payable in the year of closing:collected rents on any existing tenancies;interest;utilities;and other operating expenses shall be pro-rated as of Closing.If tenants pay any of the foregoing expenses directly,then Closing Agent shall only pro rate those expenses paid by Seller.Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed ?nancing for which Buyer receives the bene?t after Closing.Buyer shall pay all costs of ?nancing including the premium for the lender's title policy.If the Property was taxed under a deferred classi?cation prior to Closing,thenSellershallpayalltaxes,interest,penalties,deferred taxes or similar items which result from removal ofthePropertyfromthedeferredclassi?cation.At Closing,all refundable deposits on tenancies shall becreditedtoBuyerordeliveredtoBuyerfordepositinatrustaccountifrequiredbystateorlocallaw.Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. a.Unpaid Utility Charges.Buyer and Seller El WAlVE Cl DO NOT WAIVE (do not waive if neither box checked)the right to have the Closing Agent disburse closing funds necessary to satisfy unpaid utilitycharges affecting the Property pursuant to RCW 60.80.if "do not waive"is checked,then attachCBAFormUA("UtilityCharges"Addendum)to this Agreement. / lNiT|ALS:BUYER //V DATE:/V 3/*3 5ELLERone I/*2‘!‘/Y suvea DATE:M-1?-I-Y SELLER DATE: Page 163 of 199 9. 10. 11. 12. INITIALS:BUYER /""I/ @ CommercialBrokers Association 2011 ALL RIGHTS RESERVED cnir’ CEA Form FS_‘iA Purchase &Sale Agreement Rev.I/201! Page 5 N13 COMMERCIAL&INVESTMENTREAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) POST-CLOSINGADJUSTMENTS,COLLECTIONS,AND PAYMENTS.Alter Closing,Buyer andSellershallreconciletheactualamountofrevenuesorliabilitiesuponreceiptorpaymentthereoftotheextentthoseitems:were prorated or credited at Closing based upon estimates.Any bills or invoicesreceivedbyBuyeralterClosingwhichrelatetoservicesrenderedorgoodsdeliveredtotheSellerorthePropertypriortoClosingshallbepaidbySelleruponpresentationofsuchbillorinvoice.At Buyer's option,Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12%perannumbeginningfifteen(15)days from the date of Buyer's written demand to Seller for reimbursementuntilsuchreimbursementismade.Notwithstandingthe foregoing,if tenants pay certain expenses basedonestimatessubjecttoapost-closing reconciliation to the actual amount of those expenses,then Buyershallbeentitledtoanysurplusandshallbeliableforanycreditresultingfromthereconciliation.RentscollectedfromeachtenantafterClosingshallbeapplied?rst to rentals due most recently from such tenantfortheperiodafterclosing,and the balance shall be applied for the bene?t of Seller for delinquent rentalsowedforaperiodpriortoclosing.The amounts applied for the bene?t of Seller shall be turned over byBuyertoSellerpromptlyafterreceipt.Seller shall be entitled to pursue any lawful methods of collection ofdelinquentrentsbutshallhavenorighttoevicttenantsafterClosing. OPERATIONSPRIORTO CLOSING.Prior to Closing,Seller shall continue to operate the Property intheordinarycourseofitsbusinessandmaintainthePropertyinthesameorbetterconditionthanasexistingonthedateofMutualAcceptancebutshallnotberequiredtorepairmaterialdamagefromcasualtyexceptasothenwiseprovidedinthisAgreement.After the FeasibilityPeriod,Seller shall not enterintoormodifyexistingrentalagreementsorleases(except that Seller may enter into,modify,extend,renew or terminate residential rental agreements or residential leases in the ordinary course of itsbusiness),service contracts,or other agreements affecting the Property which have tenhs extendingbeyondClosingwithout?rst obtaining Buyer's consent,which shall not be unreasonably withheld. POSSESSION.Buyer shall be entitled to possession El on closing D (onclosing,if not completed).Buyer shall accept possession subject to all tenancies disclosed to BuyerduringtheFeasibilityPeriod. SELLER'S REPRESENTATIONS.Except as disclosedto or known by Buyer prior to the satisfaction orwaiverofthefeasibilitycontingencystatedinSection5above,includingin the books,records anddocumentsmadeavailabletoBuyer,or in the title report or any supplemental report or documentsreferencedtherein,Seller represents to Buyer that,to the best of Sellers actual knowledge,each of thefollowingistmeasofthedatehereof:(a)Seller is authorized to enter into the Agreement,to sell theProperty,and to perform its obligations under the Agreement;(b)The books,records,leases,agreementsandotheritemsdeliveredtoBuyerpursuanttothisAgreementcompriseallmaterialdocumentsinSellerspossessionorcontrolregardingtheoperationandconditionoftheProperty;(c)Seller has not receivedanywrittennoticesthatthePropertyorthebusinessconductedthereonviolateanyapplicablelaws,regulations,codes and ordinances;(d)Seller has all certi?cates of occupancy,permits,and othergovernmentalconsentsnecessarytoownandoperatethePropertyforitscurrentuse;(e)There is nopendingorthreatenedlitigationwhichwouldadverselyaffectthePropertyorBuyer's ownership thereofafterClosing;(f)There is no pending or threatened condemnation or similar proceedings affecting theProperty,and the Property is not within the boundaries of any planned or authorized local improvementdistrict;(9)Seller has paid (except to the extent prorated at Closing)all local,state and federal taxes (otherthanrealandpersonalpropertytaxesandassessmentsdescribedinSection8above)attributable to theperiodpriortoclosingwhich,if not paid,could constitute a lien on Property (including any personalproperty),or for which Buyer may be held liable after Closing;(h)Seller is not aware of any concealedmaterialdefectsinthePropertyexceptasdisclosedtoBuyerinwritingduringtheFeasibilityPeriod;(i)There are no HazardousSubstances(as de?ned below)currently located in,on,or under the Property in amannerorquantitythatpresentlyviolatesanyEnvironmentalLaw(as de?ned below);there are noundergroundstoragetankslocatedontheProperty;and there is no pending or threatened investigation or DATE:__/l'Z7‘Q{ DATE: DATE:-”'3“"('S DATE=ta5i:&’ SELLER BUYER SELLER Page 164 of 199 13. 14. |NlTlALS:BUYER /m/ to CommercialBrokers Association2011 ALLRiGHTSRESERVED CBA Form PS_tA Purchase at Sale Agreement Rev.1/2011 Page 6 or13 (:3! COMMERCIAL&INVESTMENTREAL ESTATE PURCHASE8.SALE AGREEMENT (CONTlNUED) remedial action by any governmental agency regarding the release of Hazardous Substances or theviolationofEnvironmentalLawattheProperty.As used herein,the term "HazardousSubstances"shallmeananysubstanceormaterialnoworhereafterde?ned or regulated as a hazardous substance,hazardous waste,toxic substance,pollutant,or contaminant under any federal,state,or local law,regulation,or ordinance governing any substance that could cause actual or suspected hann to humanhealthortheenvironment("Environmental Law").The term "Hazardous Substances"speci?callyincludes,but is not limitedto,petroleum,petroleum by-products,and asbestos. if prior to Closing Seller or Buyer discovers any information which would cause any of therepresentationsabovetobefalseifthesameweredeemedmadeasofthedateofsuchdiscovery,thenthepartydiscoveringthesameshallpromptlynotifytheotherpartyinwriting.if the newly-discoveredinformationwillresultincostsorliabilitytoBuyerinexcessofthelesserof$100,000 or ?ve percent(5%)of the purchase price stated in this Agreement,or will materially adversely affect Buyer's intendeduseoftheProperty,then Buyer shall have the right to terminate the Agreement and receive a refund ofitsearnestmoney.Buyer shall give notice of terminationwithin ?ve (5)days of discoveringor receivingwrittennoticeofthenewinformation.Nothing in this paragraph shall prevent Buyer from pursuing itsremediesagainstSellerifSellerhadactualknowledgeofthenewly-discovered informationsuch that arepresentationprovidedforabovewasfalse. As-rs.Except for those representations and warranties speci?callyincludedin this Agreement:(i)SellermakesnorepresertationsorwarrantiesregardingtheProperty;(ii)Seller hereby disclaims,and Buyerherebywaives,any and all representations or warranties of any kind,express or implied,concerning thePropertyoranyportionthereof,as to its condition,value,compliance with laws,status of pennits orapprovals,existence or absence of hazardous material on site,occupancy rate or any other matter ofsimilarordissimilarnaturerelatinginanywaytotheProperty,including the warranties of ?tness for aparticularpurpose,lenantability,habitabilityand use;(iii)Buyer otherwise takes the Property “AS IS;’'and(iv)Buyer represents and warrants to Seller that Buyer has suf?cient experience and expertise such thatitisreasonableforBuyertorelyonitsownpre-closing inspections and investigations. PERSONALPROPERTY. a.This sale includes all right,title and interest of Seller to the following tangible personal property:3 None El That portion of the personal property located on and used in connection with theProperty,which Setler will itemize in an Exhibit to be attached to this Agreement within ten (10)daysofMutualAcceptance(None,if not completed).The value assigned to the personal property shall be$(if not completed,the County-assessed value if available,and ifnotavailable,the fair market value determinedby an appraiser selected by the ListingBroker and SellingBroker).Seller warrants title to,but not the conditionof,the personal property and shall convey it by billofsale. b.in addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a)above.this sale includes all right,title and interest of Seller to the following intangible property now or hereafterexistingwithrespecttothePropertyincludingwithoutlimitation:all rights-of—way,rights of ingress oregressorotherinterestsin,on,or to,any land,highway,street,road,or avenue,open or proposed,in.on,or across,in front of,abutting or adjoining the Property;all rights to utilities serving the Property;alldrawings,plans,speci?cations and other architectural or engineering work product;all governmentalpermits,certi?cates,licenses,authorizationsand approvals;all rights,claims,causes of action,andwarrantiesundercontractswithcontractors,engineers,architects,consultants or other parties associatedwiththeProperty:all utility,security and other deposits and reserve accounts made as security for theful?llmentof any of Seller's obligations;any name of or telephone numbers for the Property and relatedtrademarks,service marks or trade dress;and guaranties,warranties or other assurances ofperformancereceived. DATE://'Z""8 SELLER oAra..r/4-1113-’ DATE:(Iv 2":-/<7 BUYER SELLER DATE: Page 165 of 199 ©CommercialBrokers Association2011 ALLRIGHTS RESERVED car:Form PS_1A Purchase &Sale Agreement Rev.1/2011 Page 7 cl 13 COMMERCIAL&INVESTMENTREAL ESTATE PURCHASE8.SALE AGREEMENT (CONTINUED) money if improvements on the Property are destroyed or materially damaged by casualty beforeClosing,or if condemnation proceedings are commenced against all or a portion of the PropertybeforeClosing.Damage will be considered material if the cost of repair exceeds the lesser of$100,000 or ?ve percent (5%)of the purchase price stated in this Agreement.Alternatively,Buyermayelecttoproceedwithclosing,in which case,at Closing,Seller shall assign to Buyer all claimsandrighttoproceedsunderanypropertyinsurancepolicyandshallcredittoBuyeratClosingtheamountofanydeductibleprovidedforinthepolicy. 16.FIRPTA-TAX WITHHOLDINGAT CLOSING.Closing Agent is instructedto prepare a certi?cation(CBA or NWMLS Form 22E,or equivalent)that Seller is not a “foreign person”within the meaning oftheForeignInvestmentinRealPropertyTaxAct.and Seller shall sign it on or before Closing.If Sellerisaforeignperson,and this transaction is not otherwise exempt from FlRPTA,Closing Agent isinstructedtowithholdandpaytherequiredamounttotheInternalRevenueService. 17.CONVEYANCE.Title shall be conveyed by a Statutory Warranty Deed subject only to the PermittedExceptions.If this Agreement is for conveyance of Se||er’s vendee's interest in a Real EstateContract,the Statutory Warranty Deed shall include a contract vendee’s assignment suf?cient toconveyafteracquiredtitle.At Closing,Seller and Buyer shall execute and deliver to Closing AgentCBAFormNo.PS-AS Assignment and Assumption Agreement transferring all leases and VendorContractsassumedbyBuyerpursuanttoSection5(a)and all intangible property transferred pursuanttoSection14(b). 18.NOTICES AND COMPUTATIONOF TIME.Unless othenrvise speci?ed,any notice required orpermittedin.or related to,this Agreement (including revocations of offers and counteroffers)must be inwriting.Notices to Seller must be signed by at least one Buyer and must be delivered to Seller andListingBrokerwithacourtesycopytoanyotherpartyidenti?ed as a recipient of notices in Section 28.A notice to Seller shall be deemed delivered only when received by Seller,Listing Broker,or thelicensedof?ce of Listing Broker.Notices to Buyer must be signed by at least one Seller and must bedeliveredtoBuyer,with a copy to Selling Broker and with a courtesy copy to any other party identi?edasarecipientofnoticesinSection28.A notice to Buyer shall be deemed delivered only whenreceivedbyBuyer,Selling Broker,or the licensed of?ce of Selling Broker.Selling Broker and ListingBrokerhavenoresponsibilitytoadviseofreceiptofanoticebeyondeitherphoningtherepresentedpartyorcausingacopyofthenoticetobedeliveredtotheparty's address provided in this Agreement.Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order toreceivepromptnoti?cation of receipt of a notice.If any party is not represented by a licensee,thennoticesmustbedeliveredtoandshallbeeffectivewhenreceivedbythatpartyattheaddress,faxnumber,or email indicated in Section 28. Unless otherwise speci?ed in this Agreement,any period of time in this Agreement shall mean Paci?cTimeandshallbeginthedayaftertheeventstartingtheperiodandshallexpireat5:00 p.m.of thelastcalendardayofthespeci?ed period of time,unless the last day is a Saturday.Sunday or legalholidayasdefinedinRCW1.16.050,in which case the speci?ed period of time shall expire on thenextdaythatisnotaSaturday,Sunday or legal holiday.Any speci?ed period of ?ve (5)days or lessshallnotincludeSaturdays,Sundays or legal holidays.Notwithstandingthe foregoing,references tospeci?c dates or times or number of hours shall mean those dates,times or number of hours;provided,however,that if the Closing Date falls on a Saturday,Sunday,or legal holiday as defined inRCW1.16.050,or a date when the county recording of?ce is closed,then the Closing Date shall bethenextregularbusinessday. iNmALs:euvER__/"”/DATE:/"‘Z'"'g SELLERDATE:_?_—7:I —z& BUYER DATE:4-4-Tl--+S—SELLER DATE: Page 166 of 199 ©CommercialBrokersAssociation2011 ALL RIGHTS RESERVED CBt/ csA Form PS_1A Purchase 8:Sale Agreement Rev.1/2011 Page 6 ol 13 COMMERCIAL8-INVESTMENTREAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) 19.AGENCYDISCLOSURE.At the signing of this Agreement, 20.ASSIGNMENT.Buyer may C]may not (may not, 21. INITIALS:BUYER Selling Broker Michael Weiss represented Buyer HandtheListingBrokerRobEllsworth represented Seller HSellingFirm,selling Firm’s Designated Broker,Selling Broker's Branch Manager (if any)and SellingBroker's Managing Broker (if any)represent the same party that Selling Broker represents.ListingFirm,Listing Firm’:;Designated Broker,Listing Broker's Branch Manager (if any),and Listing Brcker‘sManagingBroker(if any)represent the same party that the ListingBroker represents.If Selling BrokerandListingBrokeraredifferentpersonsaf?liated with the same Firm,then both Buyer and Sellercon?rm their consent to the Brokers’Designated Broker,Branch Manager (if any),and ManagingBroker(if any)representing both parties as a dual agent.if Selling Broker and Listing Broker are thesamepersonrepresentingbothparties,then both Buyer and Seller con?rm their consent to thatpersonandhis/her Designated Broker,Branch Manager (if any),and Managing Broker (if any)representing both parties as dual agents.All parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." if not completed)assign this Agreement,orBuyer's rights here-under,without Seller's prior written consent,unless provided otherwise herein.ifthe"may not"option is selected and the words "and/or assigns"or similar words are used to identifytheBuyer,then this Agreement may be assigned with notice to Seller but without Seller's consentonlytoanentitywhichiscontrolledbyorundercommoncontrolwiththeBuyeridenti?ed In thisAgreement.Any other assignment requires Seller's consent.The party identi?ed as the initialBuyershallremainresponsibleforthoseobligationsofBuyerstatedinthisAgreementnotwithstandinganyassignmentand,if this Agreement provides for Seller to ?nance a portion of the purchase price,thenthepartyidenti?ed as the initial Buyer shall guarantee payment of the Seller ?nancing. DEFAULT AND ATTORNEY's FEE. a.Buyer's default.In the event Buyer fails,without legal excuse,to complete the purchase of theProperty,then (check one): 8 Seller may temtinate this Agreement and keep the earnest sole and exclusive remedy available to Seller for such failure;or Cl Seller may,at its option,(a)terminate this Agreement and keep as liquidated damages theearnestmoneyasthesoleandexclusiveremedyavailabletoSellerforsuchfailure,(b)bring suitagainstBuyerforSeller's actual damages,(c)bring suit to speci?cally enforce this Agreement andrecoveranyincidentaldamages,or (d)pursue any other rights or remedies available at law or equity. b.Seller's default.In the event Seller fails,without legal excuse,to complete the sale of theProperty,then (check one): El As Buyer's sole remedy,Buyer may either (a)terminate this Agreement and recover all earnestmoneyorfeespaidbyBuyerwhetherornotthesameareidenti?ed as refundableor applicable to thepurchaseprice;or (b)bring suit to speci?cally enforce this Agreement and recover incidentaldamages,provided,however,Buyer must ?le suit within sixty (60)days from the scheduled date ofclosingorfromthedateSellerhasinformedBuyerinwritingthatSellerwillnotproceedwithclosing,whichever is earlier;or El Buyer may,at its option,(a)bring suit against Seller for Buyer's actual damages,(h)bring suit tospecificallyenforcethisAgreementandrecoveranyincidentaldamages,or (c)pursue any otherrightsorremediesavailableatlaworequity. ' DATE:I I '2''lg SELLER DATE:SELLER money as liquidated damages as the DATE:ll -Z1 -/37 BUYER DATE: Page 167 of 199 22. 23.ACCEPTANCE;CDUNTEROFFERS.Seller has until midnight of 24. INITIALS:BUYER (é ©CommercialBrokersAssociation 2011 ALLRIGHTSRESERVED CBA Form F$_1A Purchase &Sale Agreement car’ Rev.1/2011 Page 9 of 13 COMMERCIAL8.INVESTMENTREAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) Neither Buyer nor Seller may recover consequential damages such as lost pro?ts.If Buyer or SellerinstitutessuitagainsttheotherconcerningthisAgreement,the prevailing party is entitled toreasonableattorneys’fees and expenses.In the event of trial,the amount of the attorney's fee shallbe?xed by the court.The venue of any suit shall be the county in which the Property is located,andthisAgreementshallbegovernedbythelawsofthestatewherethePropertyislocated. MISCELLANEOUSPROVISIONS. a.Complete Agreement.This Agreement and any addenda and exhibits thereto state the entireunderstandingofBuyerandSellerregardingthesaleoftheProperty.There are no verbal or otherwrittenagreementswhichmodifyoraffecttheAgreement. b.counterpart Signatures.This Agreement may be signed in counterpart,each signedcounterpartshallbedeemedanoriginal,and all counterparts together shall constitute one and thesameagreement. c.Electronic Delivery.Electronicdelivery of documents (eg,transmission by facsimile or email)including signed offers or counterotfers and notices shall be legally suf?cient to bind the party thesameasdeliveryofanoriginal.At the request of either party,or the Closing Agent,the parties willreplaceelectronicallydeliveredoffersorcounterofferswithoriginaldocuments. d.Section 1031 Like-Kind Exchange.If either Buyer or Seller intends for this transaction to be apartofaSection1031like-kind exchange,then the other party agrees to cooperate in the completionofthelike-kind exchange so long as the cooperating party incurs no additional liability in doing so,and so long as any expenses (including attorneys fees and costs)incurred by the cooperating partythatarerelatedonlytotheexchangearepaidorreimbursedtothecooperatingpartyatorpriortoClosing.Notwithstanding Section 20 above,any party completing a Section 1031 like-kind exchangemayassignthisAgreementtoitsquali?ed intermediaryor any entity set up for the purposes ofcompletingareverseexchange. ll/28/18 (if not ?lled in.the third business day)following the day Buyer delivers the offer to accept this offer,unless soonerwithdrawn.If this offer is not timely accepted,it shall lapse and the earnest money shall be refundedtoBuyer.If either party makes a future counteroffer,the other party shall have until 5:00 p.m.on thebusinessday(if not ?lled in,the second business day)followingreceipt to acceptthecounteroffer,unless sooner withdrawn.if the counteroffer is not timely accepted or countered.thisAgreementshalllapseandtheearnestmoneyshallberefundedtotheBuyer.No acceptance,offer orcounterofferfromtheBuyeriseffectiveuntilasignedcopyisreceivedbytheSeller,the Listing Brokerorthelicensedof?ce of the Listing Broker.No acceptance,offer or counteroffer from the Seller iseffectiveuntilasignedcopyisreceivedbytheBuyer,the Selling Broker or the licensed of?ce of theSellingBroker."Mutual Acceptance"shall occur when the last counteroffer is signed by the offeree,and the fully-signed counteroffer has been received by the offeror,his or her broker,or the licensedofficeofthebroker.If any party is not represented by a broker,then notices must be delivered to andshallbeeffectivewhenreceivedbythatparty. INFORMATIONTRANSFER.In the event this Agreement is terminated,Buyer agrees to deliver toSellerwithinten(10)days of Seller's written request copies of all materials received from Seller andanynon-privileged plans,studies,reports,inspections,appraisals.surveys,drawings,permits,applications or other development work product relating to the Property in Buyer's possession orcontrolasofthedatethisAgreementisterminated. DATE:/l'2"'3 SELLER DATE:i1-z7 4?/ DATE:SELLERBUYER DATE: Page 168 of 199 25. 26. 27. INITIALS:auvza ?w D Commer?ai Brokers Association 2011 ALL RIGHTS RESERVED cm’ can Form PS_1A Purchase a.Sale Agreement Rev.‘I/2011 Page 10 of 13 COMMERCIAL&INVESTMENTREAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) CONFIDENTIALIIY.Until and unless closing has been consummated,Buyer and Seller shall followreasonablemeasurestopreventunnecessarydisclosureofinformationobtainedinconnectionwiththenegotiationandperfonnanceofthisAgreement.Neither party shall use or knowingly permit theuseofanysuchinformationinanymannerdetrimentaltotheotherparty. SELLER‘S ACCEPTANCE AND BROKERAGE AGREEMENT.Seller agrees to sell the Property onthetermsandconditionsherein,and further agrees to pay a commission in a total amount computedinaccordancewiththelistingorcommissionagreement.if there is no written listing or commissionagreement,Selle’agrees to pay a commission of %of the sales price or$.The commission shall be apportioned between Listing Firm andSellingFirmasspecifiedinthelistingoranyco-brokerage agreement.If there is no listing or written co-brokerage agreement,then Listing Firm shall pay to Selling Firm a commission of %ofthesalespriceor$.Seller assigns to Listing Firm and Selling Firm aportionofthesales;proceeds equal to the commission.If the earnest money is retained as liquidateddamages,any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller shallbereimbursedorpaidtherefrom,and the balance shall be paid one-half to Seller and one-half to Listing Firm and Selling Firm according to the listing agreement and any co—brokerage agreement.inanyactionbyListingFirmorSellingFirmtoenforcethisSection,the prevailing party is entitled to reasonable attomeys'fees and expenses.Neither Listing Firm nor Selling Firm are receivingcompensationfrommorethanonepartytothistransactionunlessdisclosedonanattached addendum,in which case Buyer and Seller consent to such compensation.The Property described inattachedExhibitAiscommercialrealestate.NotwithstandingSection 25 above,the pages containingthisSection,the parties‘signatures and an attachment describing the Property may be recorded. LISTING BROKER AND SELLING BROKER DISCLOSURE.EXCEPT AS OTHERWISEDISCLOSEDINWRITINGTOBUYERORSELLER,THE SELLING BROKER,LISTINGBROKER, AND FIRMS HAVE NOT MADE ANY REPRESENTATIONSOR WARRANTIESOR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THISAGREEMENT,BUYER'S OR SELLER‘S FINANCIALSTRENGTH,BOOKS,RECORDS,REPORTS,STUDIES,OR OPERATING STATEMENTS;THE CONDITION OF THE PROPERTY OR ITSIMPROVEMENTS:THE FITNESS OF THE PROPERTY FOR BUYER'S INTENDED USE;OR OTHER MATTERS RELATING TO THE PROPERTY,INCLUDINGWITHOUT LIMITATION.THEPROPERTY'S ZONING,BOUNDARIES,AREA,COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDINGACCESSIBILITYFOR DISABLEDPERSONS),OR HAZARDOUSORTOXICMATERIALSINCLUDINGMOLDOROTHERALLERGENS.SELLER AND BUYER AREEACHADVISEDTOENGAGEQUALIFIEDEXPERTSTOASSISTWITHTHESEDUEDILIGENCE AND FEASIBILITYMATTERS,AND ARE FURTHER ADVISEDT0 SEEK INDEPENDENTLEGAL AND TAX ADVICERELATEDTO THIS AGREEMENT. / DATE:/I"3I'IX DATE:r(—L‘I—I¥ DATE:‘17"2‘T‘~«I‘¥ SELLER BUYER SELLER DATE: Page 169 of 199 o Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Farm PS_1A Purchase a.Sale Agreemam Rav.112011 Page 11 of I3 COMMERCIAL&INVESTMENTREAL EsTATE PURCHASE&SALE AGREEMENT (CONTINUED) 28.IDENTIFICATIONOF THE PARTIES.The following is the contact information for the paniesinvolvedinthisAgreement: ?yg Seller C,-,-7oF 77A_$c.a Contact:Michael Weiss Contact:574/]2415659 PISQMJ‘?(?g Address:P-0-Box 2057 Address:53$/V.3&0 Ava.‘P0.E__¢g:_z73Glgl-larbnr,WA 98335 '”FASoa ,u/A.?9ao/ Business Phone:Business Phone:502 '5‘/5 '5%? MobilePhone:906!200-7389 MobilePhone: Fax:Fax:597 '5‘/5’r9‘f¢3 Email;mweiss@co-vestcom Email:STKEEEGSQWAS G4 ’Dd‘:@ \/ Selling Firm Listing Firm Name:Co-Vest LLC Name:SVN.Retter &Companv Assumed Name (if applicable):Assumed Name (if applicable): Selling Broker:Michael Weiss Listing Broker:Rob Ellsworth Address;3303 Jahn Avenue,Suite 238 Address: Gig Harbor,WA 98335 Business Phone:__Business Phone: MobilePhone:(206)200-7389 MobilePhone: Emau;mweiss(a)co-vest.com Email; Fax:Fax: MLS Of?ce No.:2706 MLS Of?ce No.: Licensed Office of the Selling Broker Licensed Office of the Listing Broker Address:Address: Business Phone:Business Phone: Email:Email: Fax:Fax: CBA Office No.:CBA Of?ce No.: INITIALS:BUYER[Al DATE:l('Z"'g seusnzgDATE:I(—7.;z-If BUYER DATE:/f"i‘7"f“SELLER DATE: Page 170 of 199 0 °°W““::::°.:::;°:::°;:v°gs W cm Farm PS_1A Purchase 8-Sale Agreement REV.1/20“ Page (2 M13 COMMERCIAL&INVESTMENTREALESTATE PURCHASE &SALE AGREEMENT (CONTINUED) Courtesy Cogy of Notices to Buyer to:Courtesy Cog!of Notices to Seller to: Name:Name: Address:Address: Business Phone:_Business Phone: MobilePhone:MobilePhone: Fax:Fax: Email:Email: INWITNESS WHEREOF,the parties have signed this Agreement intending to be bound. awe,(,L.I(£9s<?~v'\}\'scivfcrs _LL¢_3,,,.,,.(L720?7Asoo I‘‘Printedname an type of entity inted name and type of entity /I I #Buyer Buye -A VSignatureandtitleSignatureandtille C;/77/n?g/g5/{__ Date signed 2I'Z I ‘'3 Date signed //-Z7 -/? Seller Seller Printed name and type of entity Printed of entity . Seller Seller H560 D‘V5 Z5354‘- Signature and title Signature and title 0 mi Nae:A’7DatesignedDatesignedj_j_ lNI'l'lALS:E!UYER /I/V DATE:/('ZI'I8 SELLERDATE:I"‘}7~/X euven DATE://-3-7"f?'/SELLER DATE: Page 171 of 199 ©CommercialBrokers Association2011 ALLRIGHTS RESERVED GSA Form PS__‘lA Purchase 5 Sale Agreement Rev.1/2011 Page 13 at 13 COMMERCIAL3.INVESTMENTREAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) EXHIBITA* [Legal Description] WHITEHOUSE ADD ALL BLK I &INCL PTN VAC CHARLES ST &TOG W/VAC N &S ALLEY ADJ&TOG W 10'VAC ALVINA ST ADJ.AND TOGETHER WITH WHITEHOUSE ADDN LOTS 1 TO 12, BLK 6 TOG W/PTN E2 VAC CHARLES ST ADJ LOTS 4-12 &TOG W/10'VAC ALVINA ST ADJ a To ensure accuracy in the legal description,consider substituting the legal description contained inthepreliminarycommitmentfortitleinsuranceoracopyoftheProperly’s last vesting deed for thispage.Do not neglect to label the substitution “Exhibit A."You should avoid transcribing the legaldescriptionbecauseanyerrorintranscriptionmayrenderthelegaldescriptioninaccurateandthis Agreement unenforceable. / »,|NITlALS:BUYER /AI’DATE:/(-ZN?sELLER ;i(*7'7 ‘Y BUVER DATE:/f '2 7=7 8 SELLER DATE: Page 172 of 199 ©CommercialBrokersAssociation2011 ALL RIGHTS RESERVED CBA Form PSA Addendum/Amendment to PSA Rev.1/2011 Page 1 al 1 ADDENDUMIAMENDMENTTO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated November 21,2018 (the “Agreement") between Citv of Pasco (“Seller”)and Weiss Family Services LLC (“Buyef)regarding the sale of the property known as Lewis Street Parcel #l12073088 (the “Property"). IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: l)Member of Buyer LLC is Washington State licensed real estate broker 2)Agreement can only be assigned to an entity under common control with Buyer. ALL OTHER TERMS AND CONDITIONS of the Agreement remain unchanged. INITIALS:BUYER DATE:H 2H5 SELLER (/DATE:(I-71!*/r BUYER DATE:5-4-‘.L-L3SELLER DATE: Page 173 of 199 ©CommercialBrokers Association2011 ALL RIGHTS RESERVED CBA Form VLA Vacant Land Addendum Rev.1/2011 Page 2 of 2 VACANT LANDADDENDUM (CONTINUED) if Buyer gives timely notice,the foregoing contingencies shall be deemed satis?ed.Upon removal ofanyinspectioncontingencyprovidedinSection5oftheAgreement,Buyer shall act diligently and ingoodfaithtoobtaintheapprovalsandpermitsnecessarytosatisfytheforegoingcontingencies.Buyer shall bear all of the costs of obtaining the foregoing permits and approvals. 4.Cooperation.Seller agrees to cooperate with Buyer in obtaining all permits or other governmentalapprovalsnecessa.ry or convenient to develop the Property as contemplated by the Agreement andshallexecutealldocumentsBuyermayreasonablyrequire,Including without limitation,applicationsforpermitsorapprovals;provided,however,Seller shall not be required to incur any liabilityor out-of-pocket expenses which are not reimbursed by Buyer.Buyer agrees to make available at Seller'sreasonablerequestanyplatmaps,drawings,or information relating to applications or submittals forthePropertymadebyBuyertoanygovernmentalagency. 5.Buyer’s Pre-Closing Development Work.If the Agreement contemplates that Buyer will performworkonthePropertypriortoclosing(e.g.,to satisfy conditions of ?nal plat approval),then BuyersrighttoentryunderSection5boftheAgreementandSeller’s duty of cooperation under Section 4 ofthisAddendumshallextendtothosepre—closing construction and development activities.Anystudies,inspections or improvements shall be accomplished at the Buyer’s expense.Buyer agrees toindemnifyanddefendSellerfromallliens,costs,claims,and expenses,including attorney's andexpert’s fees,arising from or relating to entry onto the Property by Buyer or its agents.ThisagreementtoindemnifyanddefendSellershallsurviveclosingorterminationoftheAgreement. 6.Seller's Acts.Seller shall not create or permit to be created any lien or encumbrance against anyportionoftheProperty,except for encumbrances existing on the date of mutual acceptance of theAgreement,the lien of real property taxes and assessments that are not delinquent,and statutoryliensthatresultfromtheactivitiesofBuyerinconnectionwiththeProperty.Seller shall continue topaywhendueallsuchpriorencumbrancesandshallnotsufferorpermitadefaulttoariseunderthosepriorencumbrances. if Seller fails to timely pay any such tax,assessment or prior encumbrance or if any encumbrancearisesagainstthePropertyaftermutualacceptanceofthisAgreement,then Buyer may (but has noobligationto)pay all or any part of those taxes,assessments or encumbrances and may deduct amounts so paid from the purchase price at Closing.in the event the Agreement does not closethroughnofaultofBuyer,Seller shall immediately reimburse Buyer for and taxes,assessments orencumbrancessopaidbyBuyer. in the event that the Property has been placed in a forestry,agricultural or open space taxclassi?cation,Seller shall remove the Property from said classi?cation and the escrow agent shall payanyadditionaltaxes,applicable interest,and penalties caused by reclassi?cation from Seller's proceeds at Closing. 7.Memorandum of Agreement.Upon the request of Buyer,Seller shall execute and record a memorandum identifying the parties,the date of the Agreement,and the Closing date. 8.Conflict.in the event of any con?ict between the terms of this Addendum and the Agreement,this Addendum shall control. l,u »..lNlTlALS:BUYER /1'DATE:1’Z’(5 SELLER DATE:I —L —/K’ BU‘/ER DATE:H—r-2‘!-4-1SELLER DATE: Page 174 of 199 The followingis part of the Purchase and Sale Agreement dated November 21.2018 ©Commercial Brokers Association 201i ALL FUGHTS RESERVED CBA Fonn VLA Vacant Land Addendum Rev.1/2011 Page 1 of2 VACANT LAND ADDENDUM (the “Agreement") between City of Pasta ("seller")and Weiss Family Services LLC (“Buyer")regarding the sale of the property known as Lewis Street Parcel #11207308s (the “Property"). 1. 2. Closing Date.Closing shall be days (30 days if not ?lled in)after the following selected events have occurred.However,under no circumstances may Closing occur before the ?nal plat for the Property is recorded or after .at which time the Agreement shall terminate and the earnest money shall be refunded to Buyer. removal or satisfaction of the feasibility contingency in Paragraph 5 of the Agreement. El removal of any governmental moratoria which would prevent construction activities from commencing on the Property on and after closing. El Buyer obtains El E1 master use pennit El grade and ?ll permit intended development of the Property. El other El building permit for Buyer's Extensions.Buyer may extend the Closing date for up to 2 periods of 30 days each (each an “Extension Period")upon payment of an extension fee of $10,000.00 for each Extension Period.Each extension fee shall be paid to 9 Seller Cl closing agent (Seller if not ?lled in)on or before the start of the Extension Period.The extension fees shall CI shall not (shall not if not ?lled in)apply to the purchase price.and shall be non-refundable unless a)if Seller defaults. or b)this Agreement tenninates because the ?nal plat of the Property was not recorded before the then-current Closing date. Subdivision and Development Contingencies.This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written notice to Seller within days after mutual acceptance (120 days if not ?lled in)stating that Buyer is reasonably satis?ed that the following selected matters have occurred: El preliminary plat approval for the Property El recording of a final plat for the Property.(NOTE:If local or state laws require a legal subdivision to sell the Property (e.g.large parcels under RCW 58.17.205).this Agreement shall be contingent on recording of a ?nal plat,and no earnest money or other funds.including any extension fees.shall be disbursed to Seller until the ?nal plat is recorded.) removal of any governmental moratoria which prevent construction activities from commencing on the Property as of Closing a master use permit has been issued for the Property a grade and fill permit has been issued for the Property a building permit has been issued for the Property other UEIIJU U INITIALS:BUYER Q’:DATE:1(7'18 SELLER D/‘TE:"”7-’ DAT SELLER DATE:BUYER Page 175 of 199 QIIIQSVN §_e_co.nd.Amendment To ”£7“i”éi:?.f§§‘é":‘§"s'é3‘23 Purchase &Sale Agreement CBAFurrnP5A[Ad:endiir'::cP$AIREM'rEGl1 .m....m.......Page ll‘ The following is part of the Purchase and Sale Agreement dated N_o1._ZJ._2DJ.&[the “Agreement"] between [“Buyer"]and C_i1y_o.t_Ea5§g ["Seller"]for the commercial real estate and all improvements thereon commonly known as in the City of Eas_c9._Etanklin County,Washington [the "Property”]. IT IS AGREED BETWEENTHE BUYER AND SELLER AS FOLLOWS: 1.;hi|sdPropertyisbeingsold to Purchaser in anticipation of the development of an office ui mg. 2.The Purchaser acknowledges that the purchase price and consideration given by City are related to the City's goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. 3.Unless the failure to commence construction is related to the items identified in Warranties Section,below,if the Purchaser fails to submit an application to City for approval of a site plan and building plans consistent with subsection [a]above,within six [6]months of Closing,the City reserves the right to reclaim title to this Property.If the Purchaser does not initiate construction within nine [9]months of Closing,City reserves the right to reclaim title to this Property.The City shall reclaim this Property by refunding 90%of the original Purchase Price as determined in Paragraph 1 of PSA.The City will not assume any liability for expenses incurred by Purchaser in conducting this transaction.Purchaser agrees to re-convey title to the City within sixty [60]days of receipt of notification of City's decision to seek reconveyance of Property.This reversionary right is exclusive to the City and shall be exercised at the sole discretion of the City. 4.This reversionary right survives forty-eight [48]months after closing or until such time as building commences,whichever is earlier.The City shall be under no obligation to exercise this reversionary right.This reversionary clause shall survive the delivery of the Deed,but shall automatically lapse upon expiration of the time periods herein and City shall execute such further documents as Purchaser shall request to release same. City makes the following representations and warranties,which shall be deemed remade as of the closing date: 1.The Property and improvements are not in violation of any applicable covenant,condition or restriction or any applicable statute,ordinance.regulation,order,permit,rule or law,including. without limitation,any building,private restriction,zoning or environmental restriction. 2.Other than the obligations of record.there are no obligations in connection with the Property, which will be binding upon Purchaser after closing other than liability for the payment of real estate taxes and utility charges. 3.There are no claims,actions,suits or governmental investigations or proceedings existing or,to the best of City's knowledge,threatened against or involving City or the Property [including, without limitation,any condemnation or eminent domain proceeding or matter related to the formation of or assessment by a local improvement district]and City has received no written notice thereof. 4.All insurance policies now maintained on the Property will be kept in effect,up to and including the closing.City has received no notice from any insurance company or rating organization of any defects in the condition of the Property or of the existence of conditions which would prevent the continuation of existing coverage or would increase the present rate of premium. There are no leases affecting the Property. Allsuch representations and warranties shall be reaffirmed by City as true and correct as of the Closing Date and shall survive the Closing for a period of two [2]years. .°‘S"' lf,prior to closing,City becomes aware o f any fact or circumstance which would change a representation or warranty,then City will immediately give notice of such changed fact or circumstance to Purchaser,but such notice shall not relieve the City of its obligations hereunder. I7['l/i.Zg—|KBuyer"Date Seller Date ‘2 L8’,mm.“inserted by l (znsee mémaaysmiaami rim. Page 176 of 199 Page 177 of 199 RESOLUTION NO. ___ A RESOLUTION of the City of Pasco, Washington, approving the sale of certain real property on Lewis Street. WHEREAS, the Pasco City Council authorized the listing for sale of a 3.7-acre commercial/residential property on Lewis Street, subject to final approval of the City Council and in accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the City has reviewed a purchase offer on the property which has been recommended for approval by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the proposed purchase price of $375,000 by Weiss Family Services, LLC is above the City’s asking price and has been determined to be most advantageous to the City, and is fully accepted. Section 2. That the City Manager is hereby authorized to complete the sale transaction as outlined in the attached Purchase and Sale Agreement as Exhibit “A”. PASSED by the City Council of the City of Pasco at a regular meeting this ______ day of January, 2019. Matt Watkins, Mayor ATTEST: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 178 of 199 Offer Summary 3 Property Address nka Commercial Ave,Pasco,WA Buyer Synergy Resources LLC Buyer's Broker Dirk Stricker Offer Price $684.000 Estimated Net Proceeds $640.064 Method of Payment Cash Bank None Earnest Money $5,000 Earnest Money Due 5 Days from Mutual Acceptance Due Diligence 60 Days Other Contingencies None Proposed Closing Date March 4.2019 ¢|ysvN W i n u -.rm.w.wv Page 179 of 199 Docusign Envelope ID:B6386182-D89A-4328-BD09»4F4DED41CE15 ©Commercial Brokers Association 2011 CB/Y ALL RIGHTS RESERVED CBA Form PS_1A Purchase 8.Sale Agreement Rev,‘l/2011 Page 7 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT This has been prepared for submission to your attorney for review and approval prior to signing.No representation is made by licensee as to its sufficiency or tax consequences Reference Date:December 3 2018 §ynergy Resources,LLC and or assigns (“Buyer")agrees to buy and City of Pasco (“Seller")agrees to sell,on the following terms,the commercial real estate and all improvements thereon (collectively,the “Property”)commonly known as 7.85 acres of "vacant ground" in the City of Pasco ,Franklin County,Washington,99301 , legally described on attached Exhibit A.The Reference Date above is intended to be used to reference this Agreement,and is not the date of "Mutual Acceptance."Mutual Acceptance is defined in Section 23 below. ‘.SIX ?u,”/ygze£414 rgF2944;'7'/-l0l4.$4A.r0 1.PURCHASE PRICE.The total purchase price Is Fine ine?undrsd «Nineteen Dollars ( )payable as follows (check only one): Y All cash at closing with no financing contingency.7153/1000 F All cash at closing contingent on new financing in accordance with the Financing Addendum (attach CBA EirmPS_F|N). 7 $OR %of the purchase price in cash at closing with the balance of the purchase price paid as follows (check one or both,as applicable):Buyer's assumption of the outstanding principal balance as of the Closing Date of a first lien note and deed of trust (or mortgage),or real estate contract,in accordance with the Financing Addendum (attach CBA Form PS_FlN);Buyers delivery at closing of a promissory note for the balance of the purchase price,secured by a deed oftrust encumbering the Property,in accordance with the Financing Addendum (attach CBA Form PS_FlN). W Other: 2.EARNEST MONEY.The earnest money in the amount of $5,000.00 shall be in the form of Cash E Personal check D Promissory note (attached CBA Form EMN)Other: The earnest money shall be held by Elselling Firm X Closing Agent.Selling Broker may,however, transfer the earnest money to Closing Agent. Buyer shall deliver the earnest money no later than: X 5 days after Mutual Acceptance. On the last day of the Feasibility Period defined in Section 5 below. Other: If the earnest money is to be held by Selling Firm and is over $10,000,it shall be deposited to:DSe|ling Firm's pooled trust account (with interest paid to the State Treasurer)EA separate interest bearing trust account in Selling Firm‘s name.The interest,if any,shall be credited at closing to Buyer.If this sale fails to close,whoever is entitled to the earnest money is entitled to interest. Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance,whichever occurs later.Buyer agrees to pay financing and purchase costs incurred by Buyer. Unless otherwise provided in this Agreement,the earnest money shall be applicable to the purchase price. 3.EXHIBITS AND ADDENDA.The following Exhibits and Addenda are made a part of this Agreement: X Exhibit —ljggalDescription Earnest 0&3/eyPromissory Note CBA Form EMN12/3/201311:41:30 AM psr , INITIALS:BUYER DATE SELLER DATE 4;.g-44>_’ BUYER DATE SELLER DATE Dirk Slrirker Commercial Real I-Islwle.LLC.2310 W.Clonrwnler Ave M04 Kenncnick WA 99350 Phone (509)430-3535 Fax Ramny.LLC Dirk Slrickor Produced with ZlpForm®by zipLoglx 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zIgLogix com Page 180 of 199 DocuSign Envelope ID:B6386182-D89A-4328-BDD9-4F4DED41CE15 ©Commercial Brokers Association 2011 C ALL RlGHTS RESERVED CBA Form PS_1A Purchase &Sale Agreement Rev.1/2011 Page 2 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) Promissory Note,LPB Form No.28A Short Form Deed of Trust,LPB Form No.20 Deed of Trust Rider,CBA Form DTR Utility Charges Addendum,CBA Form UA FIRPTA Certification,CBA Form 22E Assignment and Assumption,CBA Form PS-AS AddendumlAmendment,CBA Form PSA Back—UpAddendum,CBA Form BUA Vacant Land Addendum,CBA Form VLA Financing Addendum,CBA Form PS_FlN Tenant Estoppel Certificate,CBA Form PS_TEC Defeasance Addendum,CBA Form PS_D Other 4.SELLER'S UNDERLYING FINANCING.Unless Buyer is assuming Seller's underlying financing,Seller shall be responsible for confirming the existing underlying financing is not subject to any ''lock out"or similar covenant which would prevent the lender's lien from being released at closing.In addition,Seller shall provide Buyer notice prior to the end of the Feasibility Period if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as “defeasance”).If Seller provides this notice of defeasance to Buyer,then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller's defeasance notice to Buyer. 5.FEASIBILITY CONTINGENCY.Buyer's obligations under this Agreement are conditioned upon Buyer's satisfaction in Buyer's sole discretion,concerning all aspects of the Property,including its physical condition; the presence of or absence of any hazardous substances;the contracts and leases affecting the property;the potential financial performance of the Property;the availability of government permits and approvals;and the feasibility of the Property for Buyer's intended purpose.This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written notice to Seller within 60 days (30 days if not filled in)(the "Feasibility Period")of Mutual Acceptance stating that this condition is satisfied.If such notice is timely given,the feasibility contingency stated in this Section 5 shall be deemed to be satisfied. a.Books,Records,Leases,Agreements.Seller shall make available for inspection by Buyer and its agents within 5 days (2 days if not filled in)after Mutual Acceptance all documents in Seller's possession or control relating to the ownership,operation,renovation or development of the Property, excluding appraisals or other statements of value,and including:statements for real estate taxes, assessments,and utilities for the last three years and year to date;property management agreements and any other agreements with professionals or consultants;leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants,rents,prepaid rents,deposits and fees;plans,specifications,permits,applications,drawings,surveys,and studies;maintenance records, accounting records and audit reports for the last three years and year to date;and “Vendor Contracts”which shall include maintenance or service contracts,and installments purchase contracts or leases of personal property or fixtures used in connection with the Property.Buyer shall determine within the Feasibility Period:(i)whether Seller will agree to terminate any objectionable Vendor Contracts;and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts.Buyer's waiver of the Feasibility Contingency shall be deemed Buyer's acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate.Buyer shall be solely responsible foz.ggta'ningany required consents to such assumption 12/3/2018 11:41:30 AM PST INITIALS:BUYER QR DATE SELLER DATE /?.-‘I ‘/3’ BUYER DATE SELLER DATE Produced with ZlpForm®by zIpLogIx 13070 Fifteen we Road,Fraser,Michigan 43025 mmmm?m Ratsrliy.LLC Page 181 of 199 Docusign Envelope ID:B63B6182-D89A-4328-BD09—4F4DED41CE15 ©Commercial Brokers Association /coirALLRIGHTSRESERVED CBA Form PS_1A Purchase 8.Sale Agreement Rev 1/2011 Page 3of13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) and the payment of any assumption fees.Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so.Seller shall transfer the Vendor Contracts as provided in Section 17. b.Access.Seller shall permit Buyer and its agents,at Buyer's sole expense and risk to enter the Property at reasonable times subject to the rights of and after legal notice to tenants,to conduct inspections concerning the Property and improvements,including without limitation,the structural condition of improvements,hazardous materials,pest infestation,soils conditions,sensitive areas,wetlands,or other matters affecting the feasibility of the Property for Buyer's intended use.Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security,confidentiality,and disruption of Seller's tenants.Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining the Seller's prior written consent,which shall not be unreasonably withheld.Buyer shall restore the Property and improvements to the same condition they were in prior to inspection.Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens.Buyer agrees to indemnify and defend Seller from all liens,costs,claims,and expenses,including attorneys‘and experts‘fees,arising from or relating to entry onto or inspection of the Property by Buyer and its agents.This agreement to indemnify and defend Seller shall survive closing.Buyer may continue to enter the Property in accordance with the foregoing terms and conditions after removal or satisfaction of the feasibility contingency only for the purpose of leasing or to satisfy conditions of financing. c_Buyer waives the right to receive a seller disclosure statement ("Form 17-Commercial")if required by RCW 64.06.However,if Seller would otherwise be required to provide Buyer with a Form 17—CommerciaI, and if the answer to any of the questions in the section of the Form 17-Commercial entitled "Environmental" would be "yes,"then Buyer does not waive the receipt of the “Environmental”section of the Form 17- Commercial which shall be provided by Seller. 6.TITLE INSURANCE. a.Title Report.Seller authorizes Buyer,its Lender,Listing Broker,Selling Broker or Closing Agent,at Seller's expense,to apply for and deliver to Buyer a Estandard Hextended(standard,if not completed)coverage owner's policy of title insurance.Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer.The title report shall be issued by Benton Franklin Title &Escrow (a title company of Seller's choice,if not completed).If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use,Buyer shall pay any cancellation fee owing to the original title insurer.Otherwise,the party applying for title insurance shall pay any title cancellation fee,in the event such a fee is assessed. b.Permitted Exceptions.Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of:(1)twenty (20)days after Mutual Acceptance of this Agreement;or (2)the expiration of the Feasibility Period.This Agreement shall terminate and Buyer shall receive a refund of the earnest money,less any costs advanced or committed for Buyer,unless within five (5)days of Buyer's notice of such objections (1)Seller agrees,in writing,to remove all objectionable provisions or (2)Buyer notifies Seller that Buyer waives any objections which Seller does not agree to remove.If any new title matters are disclosed in a supplemental title report,then the preceding termination,objection and waiver provisions shall apply to the new title matters except that Buyer's notice of objections must be delivered within five (5) days of delivery of the supplemental report and Seller's response or Buyer's waiver must be delivered within two (2)days_3gBuyer'snotice of objections.The closing date shall be extended to the extent necessary to ' INITIALS:BUYER 6/2 DATE 12/3/2018 11‘41's%l).i_é1I9PST E /z-«I —/X’ BUYER DATE SELLER DATE Produced with zipForm®by ZIDLOQIX15070 Fifteen Mile Road,Fraser Michigan 45026 www gig ogig corn Rntsrlly,LLC Page 182 of 199 Docusign Envelope ID:B63B6182-D89A-4328-BD09-4F4DED41CE15 ©Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Form F’S_1A Purchase &Sale Agreement Rev.1/2011 Page 4 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) permit time for these notices.Buyer shall not be required to object to any mortgage or deed of trust liens,or the statutory lien for real property taxes,and the same shall not be deemed to be Permitted Exceptions; provided,however,that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception.Except for the foregoing,those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the "Permitted Exceptions"Seller shall cooperate with Buyer and the title company to clear objectionable title matters but shall not be required to incur any out-of-pocket expenses or liability other than payment of monetary encumbrances not assumed by Buyer and proration of real property taxes,and Seller shall provide an owner's affidavit containing the information and reasonable covenants requested by the title company.The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. 7.CLOSING OF SALE.This sale shall be closed on 1Within 15 days of Buyer waiving Feasibility Contingency (“Closing”)by Jennifer LopezlBenton Franklin Title &Escrow (“Closing Agent”)(Seller shall select the Closing Agent,if not completed).Buyer and Seller shall deposit with Closing Agent by 12:00 p.m.on the scheduled Closing date all instruments and monies required to complete the purchase in accordance with this Agreement.“Closing”shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller.Time is ofthe essence in the performance of this Agreement.Sale proceeds shall be considered available to Seller,even though they cannot be disbursed to Seller until the next business day after Closing.Notwithstanding the foregoing,if Seller informed Buyer during the Feasibility Period that Seller's underlying financing requires that it be defeased and may not be paid off,then Closing shall be conducted in accordance with the three—day closing process described in CBA Form PS_D.This Agreement is intended to constitute escrow instructions to Closing Agent.Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 8.CLOSING COSTS AND PRORATIONS.Seller shall deliver an updated rent roll to Closing Agent not later than two (2)days before the scheduled Closing date in the form required by Section 5(a)and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing.Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy.Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer,and the cost of any survey required in connection with the same.Seller and Buyer shall each pay one-half of the escrow fees. Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code.Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies;interest;utilities;and other operating expenses shall be pro-rated as of Closing.If tenants pay any of the foregoing expenses directly,then Closing Agent shall only pro rate those expenses paid by Seller.Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing.Buyer shall pay all costs of financing including the premium for the lender's title policy.If the Property was taxed under a deferred classification prior to Closing,then Seller shall pay all taxes,interest,penalties,deferred taxes or similar items which result from removal of the Property from the deferred classification.At Closing,all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law.Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. a.Unpaid Utility Charges.Buyer and Seller WAIVE DO NOT WAIVE (do not waive if neither box checked)the right to have the Closing Agent disburse closing funds necessary to satisfy unpaid utility charges affecting the Property pursuant to RCW 60.80.If "do not waive"is checked,then attach CBA Form UA ("Utility Charges"Adde_ngtSi_n_1)to this Agreement. 3/3 12/3/2018 11:41:30 AM PST INITIALS:BUYER DATE SELLER DATE /L--l3/ BUYER DATE SELLER DATE Produced with zIpForrn®by zipLoglx 15070 Fifteen Mile Road,Fraser,Michigan 48026 www ZlQLDgIXcorn Rntsdvy.LLC Page 183 of 199 Docusign Envelope ID:E63B6182-D89A-4328-BD09-4F4DED41CE15 10. 11. 12. INITIALS:BUYER ©Commercial Brokers Association 2011 ALL RIGHTS RESERVED Cm/' CBA Form PS_1A Purchase &Sale Agreement Rev.1/2011 Page 5 of 13 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) POST-CLOSING ADJUSTMENTS,COLLECTIONS,AND PAYMENTS.After Closing,Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates.Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice.At Buyer's option,Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12%per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing,if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses,then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation.Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing,and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing.The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt.Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. OPERATIONS PRIOR TO CLOSING.Prior to Closing,Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as othen/vise provided in this Agreement.After the Feasibility Period,Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into,modify,extend,renew or terminate residential rental agreements or residential leases in the ordinary course of its business),service contracts,or other agreements affecting the Property which have terms extending beyond Closing without first obtaining Buyer's consent,which shall not be unreasonably withheld. on closing HPOSSESSION.Buyer shall be entitled to possession E _ (on closing, if not completed).Buyer shall accept possession subject to all tenancies disclosed to Buyer during the Feasibility Period. SELLER'S REPRESENTATIONS.Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the feasibility contingency stated in Section 5 above,including in the books,records and documents made available to Buyer,or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyerthat,to the best of Seller's actual knowledge,each of the following is true as of the date hereof:(a)Seller is authorized to enter into the Agreement,to sell the Property,and to perform its obligations under the Agreement;(b)The books,records,leases,agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property;(c)Seller has not received any written notices that the Property or the business conducted thereon violate any applicable laws,regulations,codes and ordinances;(d)Seller has all certificates of occupancy,permits,and other governmental consents necessary to own and operate the Property for its current use;(e)There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing;(f)There is no pending or threatened condemnation or similar proceedings affecting the Property,and the Property is not within the boundaries of any planned or authorized local improvement district;(g)Seller has paid (except to the extent prorated at Closing)all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 8 above)attributable to the period prior to closing which,if not paid,could constitute a lien on Property (including any personal property),or for which Buyer may be held liable after Closing;(h)Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer in writing during the Feasibility Period, (i)There are no Hazardous Substances (as defined below)currently located in,on,or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below);there are no underground.3t5oragetanks located on the Property;and there is no pendin or threatened investigation or 3/;12/3/2018 11:41:30 AM psr %DATE SELLER U DATE /L-<1 —/7’ DATEDATESELLER Produced with zlpForm®by ZIpLDgIx 13070 Fifteen Mile Road,Fraser,Michigan 48026 BUYER WWW.ZlQLOglXcom Rulsrhy.u.c Page 184 of 199 Docusign Envelope lD:B6386182-D89A-4328-BDO9v4F4DED41CE15 13. 14. ©Commercial Brokers Association 2011 ALL RIGHTS RESERVED cw CBA Form PS_1A Purchase &Sale Agreement Rev.1/2011 Page 6 of 13 COMMERCIAL &INVESTMENTREAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property.As used herein,the term "Hazardous Substances“shall mean any substance or material now or hereafter de?ned or regulated as a hazardous substance,hazardous waste, toxic substance,pollutant,or contaminant under any federal,state,or local law,regulation,or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law").The term "Hazardous Substances“specifically includes,but is not limited to, petroleum,petroleum by-products,and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the same were deemed made as of the date of such discovery,then the party discovering the same shall promptly notify the other party in writing.If the newly-discovered information will result in costs or liability to Buyer in excess of the lesser of $100,000 or five percent (5%)of the purchase price stated in this Agreement,or will materially adversely affect Buyers intended use of the Property,then Buyer shall have the right to terminate the Agreement and receive a refund of its earnest money.Buyer shall give notice of termination within five (5)days of discovering or receiving written notice of the new information.Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly—discovered information such that a representation provided for above was false. AS-IS.Except for those representations and warranties specifically included in this Agreement:(i)Seller makes no representations or warranties regarding the Property;(ii)Seller hereby disclaims,and Buyer hereby waives,any and all representations or warranties of any kind,express or implied,concerning the Property or any portion thereof,as to its condition,value,compliance with laws,status of permits or approvals,existence or absence of hazardous material on site,occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property,including the warranties of fitness for a particular purpose,tenantability, habitability and use;(iii)Buyer othenrvise takes the Property “AS IS;’'and (iv)Buyer represents and warrants to Seller that Buyer has suf?cient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections and investigations. PERSONAL PROPERTY. _ a.This sale includes all right,title and interest of Seller to the following tangible personal property:E None That portion of the personal property located on and used in connection with the Property,which Seller will itemize in an Exhibit to be attached to this Agreement within ten (10)days of Mutual Acceptance (None,if not completed).The value assigned to the personal property shall be 35 (if not completed,the County—assessed value if available,and if not available,the fair market value determined by an appraiser selected by the Listing Broker and Selling Broker).Seller warrants title to,but not the condition of,the personal property and shall convey it by bill of sale. b.In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a)above,this sale includes all right,title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation:all rights—of-way,rights of ingress or egress or other interests in,on,or to,any land,highway,street,road,or avenue,open or proposed,in,on,or across,in front of,abutting or adjoining the Property;all rights to utilities sen/ing the Property;all drawings,plans, specifications and other architectural or engineering work product;all governmental permits,certificates, licenses,authorizations and approvals;all rights,claims,causes of action,and warranties under contracts with contractors,engineers,architects,consultants or other parties associated with the Property;all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations;any name of or telephone numbers for the Property and related trademarks,service marks or trade dress;and guaranties,warranties or other assurances of performance received. D5 6/?12 3 2 18 11:41:30 |NlTlALS:BUYER DATE //0 SELLERPST DATE /Z"'('/ BUYER DATE SELLER DATE Produced with zIpForm®by zipLoglx 15070 Fifteen Mlle Road,Fraser,Michigan 4502:;www zrgLogl><com Roiscliy.LLK‘ Page 185 of 199 Docusign Envelope ID:B63B6182-D89A—4328—BD09—4F4DED41CE15 15. 16. 17. 18. (9 Commercial Brokers Association 2011 ALL RIGHTS RESERVED CB>{ CBA Form PS_1A Purchase &Sale Agreement Rev.1/2011 Page 7 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) CONDEMNATION AND CASUALTY.Seller bears all risk of loss until Closing,and thereafter Buyer shall bear the risk of loss.Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are destroyed or materially damaged by casualty before Closing,or if condemnation proceedings are commenced against all or a portion of the Property before Closing.Damage will be considered material if the cost of repair exceeds the lesser of $100,000 or five percent (5%)of the purchase price stated in this Agreement.Alternatively,Buyer may elect to proceed with closing,in which case,at Closing,Seller shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. FIRPTA -TAX WITHHOLDING AT CLOSING.Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E,or equivalent)that Seller is not a “foreign person”within the meaning of the Foreign Investment in Real Property Tax Act,and Seller shall sign it on or before Closing.If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA,Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. CONVEYANCE.Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Exceptions.If this Agreement is for conveyance of Sel|er‘s vendee's interest in a Real Estate Contract,the Statutory Warranty Deed shall include a contract vendee's assignment sufficient to convey after acquired title. At Closing,Seller and Buyer shall execute and deliver to Closing Agent CBA Form No.PS—ASAssignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a)and all intangible property transferred pursuant to Section 14(b). NOTICES AND COMPUTATION OF TIME.Unless othen/vise specified,any notice required or permitted in,or related to,this Agreement (including revocations of offers and counteroffers)must be in writing.Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 28.A notice to Seller shall be deemed delivered only when received by Seller,Listing Broker,or the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer,with a copy to Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 28.A notice to Buyer shall be deemed delivered only when received by Buyer,Selling Broker,or the licensed office of Selling Broker.Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement.Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice.If any party is not represented by a licensee,then notices must be delivered to and shall be effective when received by that party at the address,fax number,or email indicated in Section 28. Unless othenivise specified in this Agreement,any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m.of the last calendar day of the specified period of time,unless the last day is a Saturday,Sunday or legal holiday as defined in RCW 1.16.050,in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday.Any specified period of five (5)days or less shall not include Saturdays,Sundays or legal holidays.Notwithstanding the foregoing,references to specific dates or times or number of hours shall mean those dates,times or number of hours;provided,however,that if the Closing Date falls on a Saturday, Sunday,or legal holiday as defined in RCW 1.16.050,or a date when the county recording office is closed, then the Closing Date shall be the next regular business day. DS GR 12/3/2018 11:41:30 AM psr MINITIALS:BUYER DATE SELLER DATE /1.“/‘Ir. BUYER DATE SELLER DATE Produced with zipForm®by ZipLngix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www ZIQLOQIXcorn im.:i.,v,LLC Page 186 of 199 DocuSign Envelope ID:B6386182-D89/X4328-BDO9-4F4DED41CE15 19. 20. 21. ©Commercial Brokers Association 2011 ALL RIGHTS RESERVED CB1 CBA Form F'S_1A Purchase &Sale Agreement Rev.1/2011 Page 8 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) AGENCY DISCLOSURE.At the signing of this Agreement, Selling Broker Dirk Stricker Represented Buyer and the Listing Broker Rob Ellsworth represented Seller Selling Firm,Selling Firm's Designated Broker,Selling Broker's Branch Manager (if any)and Selling Broker's Managing Broker (if any)represent the same party that Selling Broker represents.Listing Firm,Listing Firm's Designated Broker,Listing Broker's Branch Manager (if any),and Listing Broker's Managing Broker (if any) represent the same party that the Listing Broker represents.lf Selling Broker and Listing Broker are different persons affiliated with the same Firm,then both Buyer and Seller confirm their consent to the Brokers’ Designated Broker,Branch Manager (if any),and Managing Broker (if any)representing both parties as a dual agent.if Selling Broker and Listing Broker are the same person representing both parties,then both Buyer and Seller confirm their consent to that person and his/her Designated Broker,Branch Manager (if any),and Managing Broker (if any)representing both parties as dual agents.All parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency.” ASSIGNMENT.Buyer X may may not (may not,if not completed)assign this Agreement,or Buyer's rights hereunder,without Seller's prior written consent,unless provided otherwise herein.If the "may not" option is selected and the words "and/or assigns"or similar words are used to identify the Buyer,then this Agreement may be assigned with notice to Seller but without Seller's consent only to an entity which is controlled by or under common control with the Buyer identified in this Agreement.Any other assignment requires Seller's consent.The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and,if this Agreement provides for Seller to finance a portion of the purchase price,then the party identified as the initial Buyer shall guarantee payment of the Seller financing. DEFAULT AND ATTORNEY'S FEE. (a)Buyer's default.in the event Buyer fails,without legal excuse,to complete the purchase of the Property, then (check one): )_(Seller may terminate this Agreement and keep the earnest money as liquidated damages as the sole and exclusive remedy available to Seller for such failure;or 4 Seller may,at its option,(a)terminate this Agreement and keep as liquidated damages the earnest money as the sole and exclusive remedy available to Seller for such failure,(b)bring suit against Buyer for Seller's actual damages,(c)bring suit to specifically enforce this Agreement and recover any incidental damages,or (d)pursue any other rights or remedies available at law or equity. (b)Seller's default.In the event Seller fails,without legal excuse,to complete the sale of the Property, then (check one): K As Buyer's sole remedy,Buyer may either (a)terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or (b)bring suit to specifically enforce this Agreement and recover incidental damages,provided,however, Buyer must file suit within sixty (60)days from the scheduled date of closing or from the date Seller has informed Buyer in writing that Seller will not proceed with closing,whichever is earlier;or Buyer may,at its option,(a)bring suit against Seller for Buyer's actual damages,(b)bring suit to specifically enforce this Agreement and recover any incidental damages,or (c)pursue any other rights or remedies avail 9 aw or equity. J6/9 12/3/2018 11:41:30 AM PST INITIALS:BUYER DATE SELLER DATE /2 n «I -1 Z BUYER DATE SELLER DATE Produced with ZlpForrn®by ZipLuglx 18070 Fifteen Mile Road,Fraser,Michigan 45026 WWW.ZIQLOglXcom Rotsrhy.LLC Page 187 of 199 Docusign Envelope ID:B63B6182»D89A-4328-BD09-4F4DED41CE15 22. 23. 24. INITIALS:BUYER ©Commercial Brokers Association 2011 ALL RIGHTS RESERVED CB8” CBA Form PS_1A Purchase 8.Sale Agreement Rev.1/201 1 Page 9 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) Neither Buyer nor Seller may recover consequential damages such as lost profits.If Buyer or Seller institutes suit against the other concerning this Agreement,the prevailing party is entitled to reasonable attorneys‘fees and expenses.in the event of trial,the amount of the attorney's fee shall be fixed by the court.The venue of any suit shall be the county in which the Property is located,and this Agreement shall be governed by the laws of the state where the Property is located. MISCELLANEOUS PROVISIONS. a.Complete Agreement.This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property.There are no verbal or other written agreements which modify or affect the Agreement. b.Counterpart Signatures.This Agreement may be signed in counterpart,each signed counterpart shall be deemed an original,and all counterparts together shall constitute one and the same agreement. c.Electronic Delivery.Electronic delivery of documents (e.g.,transmission by facsimile or email)including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original.At the request of either party,or the Closing Agent,the parties will replace electronically delivered offers or counteroffers with original documents. d.Section 1031 Like-Kind Exchange.If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like—kindexchange,then the other party agrees to cooperate in the completion of the |ike—kind exchange so long as the cooperating party incurs no additional liability in doing so,and so long as any expenses (including attorneys fees and costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing.Notwithstanding Section 20 above,any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. ACCEPTANCE;COUNTEROFFERS.Seller has until midnight of (if not filled in,the third business day)following the day Buyer delivers the offer to accept this offer,unless sooner withdrawn.If this offer is not timely accepted,it shall lapse and the earnest money shall be refunded to Buyer.If either party makes a future counteroffer,the other party shall have until 5:00 pm.on the 5th business day (if not filled in,the second business day)following receipt to accept the counteroffer,unless sooner withdrawn.if the counteroffer is not timely accepted or countered,this Agreement shall lapse and the earnest money shall be refunded to the Buyer.No acceptance,offer or counteroffer from the Buyer is effective until a signed copy is received by the Seller,the Listing Broker or the licensed office of the Listing Broker.No acceptance,offer or counteroffer from the Seller is effective until a signed copy is received by the Buyer,the Selling Broker or the licensed office of the Selling Broker."Mutual Acceptance"shall occur when the last counteroffer is signed by the offeree,and the fu||y—signed counteroffer has been received by the offeror,his or her broker,or the licensed office of the broker.if any party is not represented by a broker,then notices must be delivered to and shall be effective when received by that party. INFORMATION TRANSFER.In the event this Agreement is terminated,Buyer agrees to deliver to Seller within ten (10)days of Seller's written request copies of all materials received from Seller and any non- privileged plans,studies,reports,inspections,appraisals,surveys,drawings,permits,applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. TE /2.-4 -/Y DATE DS 3/3 12/3/2018 11:41:30 AM PST DATE SELLER DATE SELLERBUYER Produced with zIpForm®by zipLogrx 13070 Fifteen Mile Road.Fraser,Michigan 45026 www ;lgl..ogIx com Rnlsrhy.1.tr Page 188 of 199 DoCuSign Envelope ID:B63B6182-D89A-4328-BD09-4F4DED41CE15 25. 26. 27. INITIALS:BUYER ©Commercial Brokers Association 2011 ALL RIGHTS RESERVED cw CBA Form PS_1A Purchase &Sale Agreement Rev.1/2011 Page 10 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE 8.SALE AGREEMENT (CONTINUED) CONFIDENTIALITY.Until and unless closing has been consummated,Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement.Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT.Seller agrees to sell the Property on the terms and conditions herein,and further agrees to pay a commission in a total amount computed in accordance with the listing or commission agreement.If there is no written listing or commission agreement, Seller agrees to pay a commission of %of the sales price or $.The commission shall be apportioned between Listing Firm and Selling Firm as specified in the listing or any co-brokerage agreement.If there is no listing or written co—brokerage agreement,then Listing Firm shall pay to Selling Firm a commission of %of the sales price or $.Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to the commission.If the earnest money is retained as liquidated damages,any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid therefrom,and the balance shall be paid one-half to Seller and one-half to Listing Firm and Selling Firm according to the listing agreement and any co—brokerage agreement.In any action by Listing Firm or Selling Firm to enforce this Section,the prevailing party is entitled to reasonable attorneys‘fees and expenses.Neither Listing Firm nor Selling Firm are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum,in which case Buyer and Seller consent to such compensation.The Property described in attached Exhibit A is commercial real estate.Notwithstanding Section 25 above,the pages containing this Section,the parties‘signatures and an attachment describing the Property may be recorded. LISTING BROKER AND SELLING BROKER DISCLOSURE.EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER,THE SELLING BROKER,LISTING BROKER,AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT,BUYER'S OR SELLER'S FINANCIAL STRENGTH,BOOKS,RECORDS,REPORTS,STUDIES,OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS;THE FITNESS OF THE PROPERTY FOR BUYER'S INTENDED USE;OR OTHER MATTERS RELATING TO THE PROPERTY,INCLUDING WITHOUT LIMITATION,THE PROPERTY'S ZONING,BOUNDARIES,AREA,COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS),OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS.SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS,AND ARE FURTHER ADVISED TO SEEK INDEPENDENTLEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. DS ep 12/3/2013 11:41:30 AM PSTSELLER DATE (Z —‘-/~/Y I/ SELLER DATE DATE BUYER DATE Produced with ZlpFD7m®by zipLoglx 15070 Fifteen Mile Road,Fraser,Michigan 45025 mw ZIQLOQIXcorn Roisctiy,LLC Page 189 of 199 Docusign Envelope ID:B6386182-D89A—4328~BDO9-4F4DED41CE15 ©Commercial Brokers Association V , 2011 KALLRIGHTSRESERVED CBA Form PS_1A Purchase &Sale Agreement Rev.‘I/2011 Page 11 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT 28.IDENTIFICATION OF THE PARTIES.The following is the contact information for the parties involved in this Agreement: Buyer Contact:Cornell Rotschy Address:9210 NE 62nd Ave Vancouver,WA 98665 Business Phone:§360[334-3100‘ Mobile Phone:I360[253-1095 Fax:(360)334-3101 Email:cornellr@rotschyinc.com Selling Firm Name:Dirk Stricker Commercial Real Estate,LLC Assumed Name (if applicable): Selling Broker:Dirk Stricker Address:2810 W.Clearwater Ave #104 Kennewick,WA 99336 Business Phone: Mobile Phone:I509)430-8535 Email:dirk@dirkstricker.com Fax: CBA Office No.: Licensed Office of Selling Broker Address: Business Phone: Fax: Email: CBA Office No.: Courtesy Copy of Notices to Buyer to: Seller Contact:5‘r4¢\I ST/n.:_ea., City of Pasco Address:PO Box 293 Pasco,WA 99301 Business Phone:54:5«xv:{zoo Mobile Phone: Fax: Email:STIZ3/11£4¢Y@’7‘AS<.o—LdA.6-0 1/ Listing Firm Name:SVN Retter &Conyaany Assumed Name (if applicable): Listing Broker:Rob Ellsworth Address:329 N.Kellogg Street Kennewick,WA Business Phone:I509I737-9429 Mobile Phone:15091430-2378 Email:rob@robeIlsworth.com Fax: CBA Office No.: Licensed Office of Listing Broker Address: Business Phone: Fax: Email: CBA Office No.: Courtesy C091 of Notices to Seller to: Name:Name: Address:Address: Business Phone:Business Phone: Mobile Phone:Mobile Phone: Fax:Fax: Email:Email: [)5 11:41: INITIALS:BUYER 6/2 DATE 12/3/2018 SEL3L%RAMPSTE /Z -61-/K BUYER DATE SELLER DATE Produced with ZIpForm®by ZipL0glX 18070 Fifteen Mile Road,Fraser,Michigan 43025 www ZIQLDQIXcom Rolsclw.LLC Page 190 of 199 Docusign Envelope ID:B63B6182-D89A—4328«BD09~4F4DED41CE15 ©Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Form PS_1A Purchase &Sale Agreement Rev.1/2011 Page 12 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) IN WITNESS WHEREOF,the parties have signed this Agreement intending to be bound. Buyer Buyer Printed name and type of entity 1C091 1ADA6224DC Qaanell?oéw/14 Date signed Seller Seller 3id'.h>au§jgigha/{mgnellRatschy_ 12/3/2018 11:41:30 AM PST Printed name and type of entity Date signed INITIALS:BUYER BUYER Signature and title ._Ds_ GR DATE DATE Produced with ZipForrri®by ZipLogiX 15070 Filteen Mile Road,Fraser.Michigan 48026 www ZIQLOQIXcom Buyer Printed name and type of entity Buyer Signature and title Date signed 6/'77 O F _{3A$¢c Seller ntity Seller DA://0 Z"-55"‘-’,Z”-'1/?AV44'5’L Signature and title ' Date signed I Z-'‘1’-1! 12/3/2018 11:41:30 AM psr WSELLER L DATE /2 "/‘/7 SELLER DATE Rnnxrhy,LLC Page 191 of 199 Docusign Envelope ID:B63B6182-D89A—4328-BD09—4F4DED41CE15 ©Commercial Brokers Association ' 2011 ALL RIGHTS RESERVED CBA Form F'S_1A Purchase &Sale Agreement Rev.1/2011 Page 13 of 13 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) EXHIBIT A* [Legal Description] Complete legal To be attached from Benton Franklin Title Company. Tax Parcel No:113-520-302 *To ensure accuracy in the legal description,consider substituting the legal description contained in the preliminary commitment for title insurance or a copy of the Property's last vesting deed for this page.Do not neglect to label the substitution “Exhibit A.”You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement void and unenforceable. ._Ds_ 12 :4l:30 INITIALS:BUYER GR DATl:[3/201811 A'gEEl§ErR E la --y—/{/ I BUYER DATE SELLER U DATE Produced with zIpForm®by zIpLoglx 18070 Fifteen Mlle Road‘Fraser,Michigan 48026 www ZlQLogI><com llotsrlxy.I.I.(‘ Page 192 of 199 Page 193 of 199 -Coinrnclcval Brokers Association zoiiIllEu’_$LAmendment To ,,L,,,,5,,,5,,E5EM,,M CBA Form PSA lAm1unuumro FSA l Rcv,1/2011Purchase&Sale Agreement ,.,,,.,,, mm:It mimm The following is part of the Purchase and Sale Agreement dated D_ecgn1b_e_r_3_._2_Ol8[the “Agreement”]between [“Buyer”]and §_iI:y_Qf_Ea5s2 [“Se|ler"] for the commercial real estate and all improvements thereon commonly known as Etanlslmjlmlnty EaLge_|_1J_3.529,3Q2.in the City of P_a§sQEELanJs|1n County,Washington [the “Property”]. IT lS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS: 1.This Property is being sold to Purchaser in anticipation of the development of a warehouse building. 2.The Purchaser acknowledges that the purchase price and consideration given by City are related to the City's goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. 3.Unless the failure to commence construction is related to the items identified in Warranties Section,below,if the Purchaser fails to submit an application to City for approval of a site plan and building plans consistent with subsection [a]above,within six [6]months of Closing,the City reserves the right to reclaim title to this Property.If the Purchaser does not initiate construction within nine [9]months of Closing,City reserves the right to reclaim title to this Property.The City shall reclaim this Property by refunding 90%of the original Purchase Price as determined in Paragraph 1 of PSA.The City will not assume any liability for expenses incurred by Purchaser in conducting this transaction.Purchaser agrees to re—convey title to the City within sixty [60]days of receipt of notification of City's decision to seek reconveyance of Property.This reversionary right is exclusive to the City and shall be exercised at the sole discretion of the City. 4.This reversionary right survives forty—eight [48]months after closing or until such time as building commences,whichever is earlier.The City shall be under no obligation to exercise this reversionary right.This reversionary clause shall survive the delivery of the Deed,but shall automatically lapse upon expiration of the time periods herein and City shall execute such further documents as Purchaser shall request to release same. City makes the following representations and warranties,which shall be deemed remade as of the closing date: 1.The Property and improvements are not in violation of any applicable covenant,condition or restriction or any applicable statute,ordinance,regulation,order,permit,rule or law,including, without limitation,any building,private restriction,zoning or environmental restriction. 2.Other than the obligations of record,there are no obligations in connection with the Property, which will be binding upon Purchaser after closing other than liability for the payment of real estate taxes and utility charges. 3.There are no claims,actions,suits or governmental investigations or proceedings existing or,to the best of City's knowledge,threatened against or involving City or the Property [including, without limitation,any condemnation or eminent domain proceeding or matter related to the formation of or assessment by a local improvement district]and City has received no written notice thereof. 4,All insurance policies now maintained on the Property will be kept in effect,up to and including the closing.City has received no notice from any insurance company or rating organization of any defects in the condition of the Property or of the existence of conditions which would prevent the continuation of existing coverage or would increase the present rate of premium. There are no leases affecting the Property. All such representations and warranties shall be reaffirmed by City as true and correct as of the Closing Date and shall survive the Closing for a period of two [2]years. 9‘S-” If,prior to closing,City becomes aware o f any fact or circumstance which would change a representation or warranty,then City will immediately give notice of such changed fact or circumstance to Purchaser,but such notice shall not relieve the City of its obligations hereunder. Buyer Date 1 Z “I 43 can rm DsszlaurmzrYexl delctm byllcensue ,..m.a by Strike (BfSeller W ,,Date _,, A __,,,,i,N:Nu.‘xlmxuigdbyIiunsztlildlcailr?Dvimallcibilailclitvs Page 194 of 199 Page 195 of 199 RESOLUTION NO. ___ A RESOLUTION of the City of Pasco, Washington, approving the sale of certain real property on Commercial Avenue. WHEREAS, the Pasco City Council authorized the listing for sale of a 7.85 acre industrial property on Lewis Street, subject to final approval of the City Council and in accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the City has reviewed a purchase offer on the property which has been recommended for approval by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the proposed purchase price of $684,000 by Synergy Resources, LLC is above the City’s asking price and has been determined to be most advantageous to the City, and is fully accepted. Section 2. That the City Manager is hereby authorized to complete the sale transaction as outlined in the attached Purchase and Sale Agreement as Exhibit “A”. PASSED by the City Council of the City of Pasco at a regular meeting this ______ day of January, 2019. Matt Watkins, Mayor ATTEST: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 196 of 199 AGENDA REPORT FOR: City Council January 2, 2019 TO: Dave Zabell, City Manager Regular Meeting: 1/7/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Bid Award - City Hall Remodel Phase 2 I. REFERENCE(S): Bid Tabulation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the City Hall Remodel Phase 2 Project to Booth & Sons Construction Inc., in the amount of $1,170,000 and, further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: The adopted CIP Plan has this project budgeted at $1,667,554 from the Real Estate Excise Tax Fund. The contract for the remodel, being approved through this action, is $1,170,000. Further budgeting for this project will include a 20% contingency of approximately $234,000; approximately $250,000 for furniture additions, replacements, and upgrades where needed; and approximately $20,000 for additional security upgrades. Furniture and security upgrade option and pricing are currently being vetted by staff. IV. HISTORY AND FACTS BRIEF: The relocation of the Police Department from City Hall to their new facility has provided for a strategic reprogramming of City Hall space. Phase I of the effort, in part, resulted in the relocation the Information Services Division along with the creation of some general office space to the second floor portion of the space vacated by the Police Department. In addition some much needed space for community programming was developed from the former Police evidence rooms. The planned Phase II improvements for 2019 consist of significant changes; first floor improvements will include the addition of much needed office space for Finance from the remaining first floor space formerly occupied by the Police Department, renovation Page 197 of 199 of the current Finance, Customer Service spaces, relocation of the ACS Administrative areas to the north of City Hall and development of a One-Stop Permit Center on the first floor to enhance service to the public. Second floor improvements include remodeling of the Engineering and Permitting office areas. The 3rd floor improvements include minor modifications in the Human Resources area to provide for a room and space conference ad areas various The offices. permanent ditional encompassed by the Phase II improvements have not been touched for a quarter of a century. This project will result in better and more transparent access to services used by the public, addressing access and security measures to protect the public, city staff and public assets, and enhancing efficiencies within the work areas. V. DISCUSSION: On December 20, 2018, the City received five (5) bids for the construction portion of the Phase II effort. The low bid was from Booth & Sons Construction Inc., in the amount of $1,170,000. The original estimate for the entire project and, thus, the approved budget is $1,667,554. Staff has reviewed the bid submittal and found no exceptions or irregularities and, therefore, recommends award of the contract to Booth & Sons Construction Inc. This project was discussed at the November 26, 2018 workshop meeting. Page 198 of 199 BID TAB Pasco City Hall Remodel II Estimate: $ 1.6 – 2 Million City of Pasco Pasco, WA BID DATE: December 20, 2018 BID TIME: 10:00 am Bidder Basic Bid Sub Contr. List Alternate #1 Alternate #2 Unit Price 1 Unit Price 2 Unit Price 3 B o n d A 1 A 2 A 3 Banlin Construction LLC $1,329,776 North Point Bruce Riggle $57,642 $777 $40 $49 $14 ✓ ✓ ✓ ✓ Booth & Sons Construction Inc. $1,170,000 ACT Riggle Bruce $58,500 $1,100 $31.50 $40 $9.05 ✓ ✓ ✓ ✓ Cliff Thorn Construction LLC $1,686,458 Not Submitted $2,250 $4,416 $120 $46.96 $1.00 ✓ ✓ ✓ ✓ Total Site Services, LLC $1,330,000 ACT Riggle Bruce $45,775 $735 $31.86 $32 $10.25 ✓ ✓ ✓ ✓ Wellens Farwell Inc. $1,447,600 Magnum BNB Bruce $62,000 $4,800 $35 $200 $15 ✓ ✓ ✓ ✓ Page 199 of 199