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2020.10.26 Council Remote Workshop Packet
Remote Workshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. October 26, 2020 Page 1. REMOTE WORKSHOP INSTRUCTIONS: (a) The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode is: (213) 929-4212 and use access code 555-318-622. 2. CALL TO ORDER: 3. ROLL CALL: (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS: 5. ITEMS FOR DISCUSSION: 3 - 13 (a) 2021 Legislative Priorities Presentation by Briahna Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs 14 - 15 (b) Potential Amendments to PMC 6.05.010 Definitions - Potentially Dangerous Animal 16 - 124 (c) Tri City Animal Shelter Update 125 - 131 (d) Introduce Ordinance - Parking Code Updates under Section 10.65.030 of the Pasco Municipal Code 132 - 136 (e) 2019-2020 Financial Update 137 - 147 (f) Introduce Resolutions - Wastewater Treatment Plant Sole Source Purchase Page 1 of 190 Remote Workshop Meeting October 26, 2020 148 - 190 (g) Communication Site License Agreement with AT&T (Water Tower) 6. MISCELLANEOUS COUNCIL DISCUSSION: 7. EXECUTIVE SESSION: 8. ADJOURNMENT: (a) REMINDERS: • Monday, October 26, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Virtual Meeting (COUNCILMEMBER PETE SERRANO, Rep.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 190 AGENDA REPORT FOR: City Council October 22, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/26/20 FROM: Dave Zabell, City Manager Executive SUBJECT: 2021 Legislative Priorities I. REFERENCE(S): Draft 2021 Legislative Priorities PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation by Briahna Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The 2021 Washington State Legislative session will convene on Monday, January 11. The 2021 session is the first year of the two -year legislative biennium, commonly referred to as the "long" session, the odd year session is scheduled for 105 days. The long and capital, operating, biennial the on adoption the focuses session of transportation budgets. Gordon Thomas Honeywell Governmental Affairs (GTHGA) has been contracted to assist in promoting the Council's legislative priorities to the legislature. In doing so GTHGA assists in the development a comprehensive legislative agenda and in furthering that agenda in Olympia by providing on-the-ground (or virtual) presence in Olympia during session, monitoring the legislature throughout the year, and advancing the City's legislative agenda. The City has benefited by maintaining a proactive posture with the legislature regarding the interests of Pasco. One means by which Council has made its concerns Page 3 of 190 and interests known to the legislature, and specifically its legislative delegation, is through the adoption of its City Legislative Priorities Statement. V. DISCUSSION: Attached is the proposed 2021 Legislative Priorities list, which reflects modifications to the previous agenda as recommended by staff and the legislative consultant, Briahna Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs. The proposed changes consider changed circumstances over the past year and the recently adopted City Council Goals. The draft priorities reflect current circumstances, overall Council policy direction and the likelihood of success. In addition to the adoption of the operating, capital, and transportation budgets, it is anticipated the Legislature will also focus on responding to the economic implications of the COVID-19 pandemic, and racial equity and criminal justice reforms arising from the recent national dialogue. The GTHGA team will present Council with an overview of the upcoming session, which will almost certainly be virtual, review with Council the draft priorities and strategies for advocacy. Staff requests Council discussion and direction with regard to the draft priorities in order finalize them for adoption by resolution at a later date. Page 4 of 190 City of Pasco 2021 State Legislative Priorities MARTIN LUTHER KING JR COMMUNITY CENTER: Pasco requests $4 million to renovate MLK Community Center located in East Pasco. The aging and outdated 22,200 square foot facility offers a gymnasium, classrooms, game area, ho mework center, and a fitness room. Built in 1976, this former school district facility was repurposed as a community center in 1990. The facility lacks ADA accessibility and functionality (physical and technological) as a community center and no longer meets the needs of a diverse and underserved community. Proposed improvements include renovation of the gymnasium, demolition of the classrooms and replacement with a new center building integrated with the gymnasium. The improvements will provide for the growing technological, social and physical needs for students and community members as well as the demand for community meeting space for the diverse neighborhoods served. PROCESS WATER REUSE FACILITY IMPROVEMENTS: The City is in the process of identifying improvements to the Pasco Process Water Reuse Facility to support the City’s agricultural processing cluster, regional farmers along with approximately 2,000 jobs. The 20-year-old facility requires process improvements to meet the expansion needs of the processors and to support new industries and regional farms; planned upgrades will improve reliability and water quality. The City requests $200,000 to conduct and complete value planning with local food processors and other stakeh olders to identify innovative, cost-effective, and sustainable solutions for improvements that maximize value , all benefitted by the facility. SR 395/OREGON AVENUE OVERLAY: The City requests $3 million to overlay SR 395/Oregon Avenue. This WSDOT maintenance project was to be completed in coordination with other city improvements to the street. WSDOT delayed the preservation project until the City work was completed, which it now is, WSDOT has since delayed their work indefinitely as part of a new department policy to no longer perform maintenance on State highways with a speed limit less than 45 mph. SR 395/SYLVESTER BIKE/PEDESTRIAN CROSSING: The City requests $4 million for a multimodal crossing over SR 395 at Sylvester Street. No bicycle/pedestrian access exists at the location that connects the low-income neighborhoods on the west side of SR 395 to the commercial businesses and essential services to the east. SR 12 SAFETY IMPROVEMENTS: The two at-grade crossings at SR 12 (A Street and Tank Farm Rd.) present immediate access safety concerns for residents and business in this area. The City requests $____ million to identify practical solutions to address safety concerns at these interchanges. Identified solutions could be partially mitigated through developer contributions impacting these two intersections. Contact: Saul Martinez Mayor martinezcouncil @pasco-wa.gov Dave Zabell City Manager citymanager@ pasco-wa.gov (509) 545-3404 www.pasco- wa.gov Page 5 of 190 PORT OF PASCO REIMANN INDUSTRIAL CENTER: The Port of Pasco recently acquired 300 acres of property located between Highway 395 and Railroad Avenue one mile north of Pasco for a new industrial center to accommodate future growth since the current Port of Pasco processing center is at capacity and there is a high demand for industrial property. The Port is hoping to replicate the success of the processing center and attract new large food processers and other industrial users to the area. To support the development of this area, the Port of Pasco requests $3.5 million to extend utilities, roads, and other key infrastructure to Reimann. SOCIAL & CRIMINAL JUSTICE REFORM: Pasco recognizes that black, indigenous, and people of color have historically been disadvantaged and underserved. Pasco encourages the State to enact reforms to our state’s criminal justice system. Pasco has taken bold steps to reform policing locally and calls on the state to follow suit. MENTAL HEALTH SALES TAX: Since initially authorized in 2005, most counties throughout Washington State have approved a sales tax increase to fund mental health and chemical dependency treatment services. Despite a growing and increasingly dire need for chemical dependency and mental health treatment services in Pasco and the surrounding communities, Franklin County has not utilized this authority. The Pasco community is experiencing the consequences of this inaction – increased homelessness, rising crime rates, and other public safety and health concerns. The City of Pasco requests the authority to impose a .01 of 1% sales tax to fund mental health and chemical dependency services in lieu of the county. The Legislature has previously authorized cities within Pierce County this same authority. DEFEND LOCAL CONTROL: The City believes the best governmental decisions are those that are made closest to the people. Cities possess strong local authority to provide for the safety and welfare of their residents, and the Legislature must abstain from restricting, mandating, or otherwise interfering with local decisions. The City will oppose legislative actions that are inconsistent with this view. The City of Pasco Supports/Opposes FINANCE/GENERAL GOVERNMENT State-Shared Revenues Pasco receives approximately $1.3 million annually from the state, categorized as “state-shared revenues.” The City urges the State to preserve and enhance these revenue streams. COVID-19 Response Pasco requests that if additional federal funds are allocated to the state to respond to COVID-19, that the state share a portion of those funds with local agencies. Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed. Labor Reform Pasco opposes legislation that increases labor costs. Pet Adoption PRA Exemption Pasco supports legislation that would create an exemption for Public Records Act disclosures for pet adoption information. Page 6 of 190 INFRASTRUCTURE & ECONOMIC DEVELOPMENT Local Transportation Funding Pasco supports increased funding and tools for cities to fund the operations and maintenance of the local transportation system, including funding that backfills the significant loss in transportation revenue resulting from the passage of I-976 Lower Snake River Dams Pasco opposes the removal of dams along both the Columbia and Snake Rivers and encourages the State to perform additional analysis on the economic impact of any such proposals. Affordable Housing Pasco supports legislative proposals to address housing affordability. The City is currently completing a Housing Action Plan and utilized its authority under HB 1406 to collect $120,000/year for housing needs. Economic Development Tools Pasco supports economic development tools, including tax increment financing, to spur development downtown and within key commercial corridors. Main Street Tax Credit Incentive Program Pasco supports legislation that improves the Main Street Tax Incentive Program. PUBLIC SAFETY Basic Law Enforcement Academy Pasco supports funding at levels adequate to ensure newly hired officers can complete training through the Basic Law Enforcement Academy in a timely manner. Funding to Address Opioid Epidemic Pasco supports proposals that increase funding to address the opioid, such as fentanyl, epidemic. Marijuana Laws Pasco supports policies that retain local authority on regulations that govern marijuana production or sale. The City has currently banned marijuana within city-limits. LAND USE Pasco DNR Property Pasco hopes to continue working collaboratively with DNR to develop the commercially-zoned properties west of Road 68, along the Chapel Hill Road alignment. Pasco is opposed to DNR buying land within the City’s Urban Growth Area (UGA) and asks the Department to divest itself of the undeveloped land it currently owns within the UGA. UGA/Diversity of Housing Pasco is growing at 3% per year. The City’s latest comprehensive plan update extends the UGA to include an additional 3,800 acres to accommodate this growth. Most of Pasco is single-family homes. The City supports tools to incentivize a diversity of housing within the city, including multi-family construction. Annexation Pasco supports incentives that encourage annexation, including utilizing utility extensions, and mechanisms that facilitate the annexation of unincorporated islands. Page 7 of 190 BRIAHNA MURRAY STATE LOBBYIST GORDON THOMAS HONEYWELL GOVERNMENTAL AFFAIRS CITY OF PASCO 2021 STATE LEGISLATIVE SESSION Page 8 of 190 PURPOSE Background on 2021 Legislative Session Legislative Agenda Review Feedback and Discussion 2Page 9 of 190 BACKGROUND ON 2021 LEGISLATIVE SESSION Special session is unlikely Regular session scheduled to begin January 11, 2021 Format of session likely virtual Democrats expected to maintain majority in House and Senate Focus on revenue shortfall in state budgets: operating, capital, and transportation Emerging policy issues (e.g. police reform, housing/rental assistance, racial equity) 3Page 10 of 190 BACKGROUND ON 2021 LEGISLATIVE BUDGETS Operating Funds all state agency operations Revenue shortfall of just under $4 billion in 2021-23. Waiting on federal assistance. Discussion will focus on budget cuts and new revenue. Capital Funds public and nonprofit construction projects (excluding transportation) $2.5-$3 billion budget Focus on stimulating the economy and supporting vulnerable populations Transportation Revenue shortfall caused by a reduction in gas tax and toll revenues from COVID-19 pandemic I-976 ($30 car tabs) –Struck down by Supreme Court Discussions around a revenue package began in 2019 Linked to climate policy: low carbon fuel standard, cap and trade, and carbon tax Page 11 of 190 LEGISLATIVE AGENDA DEVELOPMENT Hyper-focused •4-6 top priorities •Policy Document for additional issues Funding requests focus on capital and transportation Focus on city-specific issues Viable proposals that take advantage of the current political environment Consistency with previous legislative agendas 5Page 12 of 190 ? 6 Briahna Murray, State Lobbyist (253) 310-5477, bmurray@gth-gov.com THANK YOU & QUESTIONS? Page 13 of 190 AGENDA REPORT FOR: City Council October 12, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/26/20 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Potential Amendments to PMC 6.05.010 Definitions - Potentially Dangerous Animal I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion of PMC 6.05.010 and provision of direction to staff regarding the timeline, process, and methods by which input and amendments (if any) to said PMC section should take place. III. FISCAL IMPACT: No impacts identified at this time. IV. HISTORY AND FACTS BRIEF: Through a community effort, as well as discussion and direction provided by City Council at the most recent retreat, Council has instructed staff to provide facilitate a process by which Council may consider the retention, amendment, or removal of references to specific dog breeds currently listed within Section 6.05.010 of the Pasco Municipal Code (PMC). Most recently, Council enacted a minor revision to the aforementioned PMC sections as a matter of consistency to the Revised Code of Washington (RCW) o n November 25, 2019. In short, aforementioned amendment provided an additional alternative means by which pet owners of potentially dangerous breeds can test their animals in order to meet eligibility requirements for licensing and residency within the City limits. While this action was to ensure compliance with the associated RCW, City Council opened up the floor for comments from the community, most of which alluded to a preference to removal all breed specific references within the PMC. State imposed COVID-19 pandemic limitations on public meetings to items "necessary and routine" precluded discussion of this topic previously. Once this limitation was relaxed, subsequent conversation by Council at their goal setting retreat, which for the same Page 14 of 190 reason had been delayed until September, indicated a desire to take up the issue of breed specific language in Title 6 prior to the end of the year. V. DISCUSSION: Breed specific laws, particularly with respect to pit-bulls is a nationally discussed- issue. Further, there have been some recent policy changes in other cities in the region which has led the desire of some community members that Pasco also reconsider the matter. Currently, the PMC lists specific breeds as being potentially dangerous, but allows said breeds to be possessed by Pasco residents if they are able to pass a "Canine Good Citizen" test through the American Kennel Club (AKC) or equivalent organization. Passage of this test is valid for two (2) years as stipulated within Sec. 6.05.330(6) of the PMC. As written, this section allows for potentially dangerous dogs to reside in Pasco, with an added measure of accountability for good behavior leading to a reduction in dangerous dog bites, or severe veterinary and medical incidents to other people or animals. Community members opposed to this section of the PMC have expressed concern that while not an outright ban on potentially dangerous breeds, the provisions create an excessive burden upon families through additional process and cost, as well as potentially hinder adoptions of certain breeds, thus causing over population or long-term residency of certain dogs in public animal shelters. Staff is seeking direction from the City Council on the processes by which Council wishes to address the issue, e.g.; timing, materials, the use of subject matter experts, outreach and public input. Page 15 of 190 AGENDA REPORT FOR: City Council October 21, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/26/20 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Tri City Animal Shelter Update I. REFERENCE(S): Powerpoint Presentation Animal Shelter (Concept) Analysis II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion and consideration of recent options for the new Tri Cities Animal Shelter III. FISCAL IMPACT: Total Cost: $4.8-5.8 Million City Share: $1.6-1.9 Million Currently Budgeted $2 million (bond funding) All Costs based on Concept Estimate IV. HISTORY AND FACTS BRIEF: The current Tri-City Animal Shelter is located at 1312 South 18th Avenue, Pasco WA and has been in operation since the 1950s, with the original building being constructed in 1950, and a second larger building in built 1975. The entire complex is located on 1.5 acres, with building square footage exceeding 8,600 square feet. The shelter officially holds 61 dog kennels and 88 cat units, though many of the units are not to standard. Through an Interlocal Agreement (ILA) the cities of Kennewick, Pasco and Richland form the Tri-Cities Animal Control Authority (ACA), which operates the shelter and provides animal control enforcement to the three cities. Beginning in 2009, the three cities identified the need and began assessing options for a new animal shelter to replace the aging shelter through a multi-jurisdictional Page 16 of 190 committee. Assessment and feasibility were studied, culminating in a white paper (Pflug Report) in 2015 that identified a number of different operational scenarios, building sizes, staffing levels, and levels of service to community. This white paper analyzed the different alternatives for service and provided direction for the group to make a determination on a site and project design cost-sharing agreement. These efforts resulted in a new ILA which provided for the formation in 2016 of a Shelter Committee, essentially the City Managers of the cities of Pasco, Kennewick, and Richland, to begin working on design and, ultimately, construction of a new shelter. Preliminary design was completed in 2019 on a site adjacent to Pasco Boothe Fields (Little League) complex along A Street. However, detailed cost estimates exceeded planning level estimates by an amount prompting the Shelter Committee and subsequently the partner cities to reevaluate options. Based on discussions with each partners' City Councils in February of 2020, staff began looking into alternatives to service, location, structure, and concept for a new shelter in order to find a more budget-friendly project for the collective civic effort. Two areas were reexamined in detail beyond the aforementioned Pflug report: Partner with the Benton-Franklin Humane Society, partner with the Benton County Canine Shelter, in addition, development of a new on City of Pasco owned property adjacent to the current shelter facility was studied in greater detail; geotechnical analysis, user (staff, volunteers and advocates) sentiments, design options. Further, the committee evaluated the potential for retrofitting an existing commercial building. V. DISCUSSION: Staff will present an analysis of the activities since the last Pasco City Council update in February, as well as a detailed examination of the options for outside contracting and a new shelter design concept. Additionally, staff has presented this information to the partner Cities of Kennewick and Richland over the preceding weeks and will update this Council on those discussions. Page 17 of 190 Tri City Animal ShelterFALL 2020 –OPTIONS TRI CITY ANIMAL CONTROL SHELTER 1Page 18 of 190 AgendaRecapCurrent Options Preferred Options Discussion TRI CITY ANIMAL CONTROL SHELTER 2Page 19 of 190 Since we Last Met History ◦Original Design Considered Infeasible ◦High Cost ◦Not Enough Capacity ◦February: ◦Comprehensive Update to All Councils ◦Decision to Investigate AlternativesAnalysis ◦Simpler Concept ◦Analysis of Costs (all options for construction) TRI CITY ANIMAL CONTROL SHELTER 3Page 20 of 190 Current Agreement •2016•Interlocal Agreement for Design and Construction•Committee to determine most fiscally responsible construction and/or partnership option•City of Pasco lead agency for project•Provide contract management services •Point of Contact •Land OwnersTRI CITY ANIMAL CONTROL SHELTER 4Page 21 of 190 Current Shelter Built in the 1950s, added on in the 1970s8,620 total sq ft – Capacity 61 dogs, 88 catsHouses Animal Control staff, operations, shelter staff, and volunteers. 16 total employeesDirector 4 Animal Control Officers + Supervisors Customer Service and Kennel Care TechsA collection of volunteers. TRI CITY ANIMAL CONTROL SHELTER 5Page 22 of 190 Outside Organization Options CONTRACT WITH BENTON FRANKLIN HUMANE SOCIETY Requires Capital Investment ◦Addition to Current Facility ◦New facility for Enforcement New ILA for the Cities New Agreement with BFHS BoardExpect 2‐3 years for implementation CONTRACT WITH BENTON COUNTY CANINE SHELTER. Requires Capital Investment ◦New Facility Adjacent ◦New facility for Enforcement New ILA for the Cities New Agreement with Benton CountyExpect 2‐3 years for implementation TRI CITY ANIMAL CONTROL SHELTER 6Page 23 of 190 Outside Organization Options: Advantages BENTON FRANKLIN HUMANE SOCIETY •BFHS is established non‐profit•Newer building in good condition •Some potential capacity to serve immediate need •Property zoned for useBENTON COUNTY CANINE SHELTER •Established staff and practices •Central Location•Access to major roads/highways•Site could accommodate expansionTRI CITY ANIMAL CONTROL SHELTER 7Page 24 of 190 Outside Organization Options: Disadvantages BENTON FRANKLIN HUMANE SOCIETY •Expansion/Partnership Costs Unknown•Change to Operating Jurisdiction •Not a Central Location •Enforcement •Requires Cities’ ILA Renegotiation•Adds New Board to the ACA •Site is in floodplain (2015 FIRM) •Requires additional staffing BENTON COUNTY CANINE SHELTER •High level of uncertainty on partnership •Current Canine Only •Small, rural based enforcement •Smaller current facility •Close to residential •Adds new Board to the ACA•Requires Many Additional StaffTRI CITY ANIMAL CONTROL SHELTER 8Page 25 of 190 On‐Site Option •New Shelter on Current Site •Simpler, more cost‐effective design •Room for Expansion •Room for Outdoor Campus •Kennels and Dog Runs•Feral Cat Colony •Adoption Intro Space •Exercise TRI CITY ANIMAL CONTROL SHELTER 9Page 26 of 190 On‐Site Option TRI CITY ANIMAL CONTROL SHELTER 10Page 27 of 190 On‐Site Option TRI CITY ANIMAL CONTROL SHELTER 11Page 28 of 190 On‐Site Option Simpler, more cost‐effective design ◦Accommodates 60 dogs, 90 cats ◦Original design: 46 dogs, 59 cats Room for Expansion Cost Reductions found: ◦Building materials ◦Interior Concept Design ◦Potential smaller facility ◦Ease of Future Capital Expansion TRI CITY ANIMAL CONTROL SHELTER 12Page 29 of 190 Cost Estimations Costs estimations: ◦Total $4.8‐5.8 million ($1.6‐1.9 per city) ◦Flexibility based on: ◦Contingencies, Design, FF&E◦Includes: ◦New Design ◦Construction Management (based on design‐bid‐build) TRI CITY ANIMAL CONTROL SHELTER 13Page 30 of 190 On‐Site Option: Advantages Quickest for Implementation: 18‐24 months Concept already designed◦Saves on architectural costs Greatest Control on Costs (ACA)Known Location to the Community Provides for Future Growth and Expansion Ample Outdoor Space Pasco Owns Site Co‐Location with Enforcement TRI CITY ANIMAL CONTROL SHELTER 14Page 31 of 190 Preferred On Site Option Preferred ◦Provides Most Control ◦Most Flexibility ◦Quickest Option ◦Accommodates Future Growth ◦Simple and Functional Design ◦Potential Re‐use or Co‐use with Current Facility (after updates) ◦Staff ready to commence design TRI CITY ANIMAL CONTROL SHELTER 15Page 32 of 190 Regional DiscussionKennewick City Council, October 13Majority of Council supported the Preferred Option (construction of concept on current campus)Richland City Council, October 20Expressed concerns over construction cost, method of construction, and continued partnerships: Asked committee to examine the design‐build process, find further discounts, and formally explore partnership with Benton County. No Commitments TRI CITY ANIMAL CONTROL SHELTER 16Page 33 of 190 Questions? TRI CITY ANIMAL CONTROL SHELTER 17Page 34 of 190 ANIMAL SHELTER ANALYSIS City of Kennewick City of Pasco City of Richland Prepared by: Strategic Construction Management Prepared for: City of Pasco Page 35 of 190 2 TABLE OF CONTENTS 1. Project Information a. Executive Summary b. Scope of Work 2. Option 1 –Bid as Designed by Meier Architects 3. Option 2 –Value Engineer Meier Architects Design 4. Concept Overview for Option 3 & 4 5. Option 3 – Redesign CMU with Options 6. Option 4 – Redesign Metal Building with Options 7. Conclusion 8. Qualifications 9. Appendix Page 36 of 190 3 EXECUTIVE SUMMARY Enlisting the feedback of local professionals with extensive experience in the animal control environment has been a key element of this product. Ultimately, organizational purpose should drive facility size, housing choice, and the number of residents. Using this approach, the Strategic team gathered information from multiple sources to develop multiple options to meet the following criteria: •Accommodate 60 canines •Accommodate 90 felines •Budget availability: $4.5 million The following will outline four options using different approaches to meeting these criteria to enable the cities of Kennewick, Richland, and Pasco to determine the best path forward for the Tri‐Cities community. Page 37 of 190 4 SCOPE OF WORK OBJECTIVES The City of Pasco enlisted Strategic Construction Management to develop options to allow the leaders of the three cities to move forward based on estimated needs and available budget. This process started with a planning and program review phase. Strategic Construction Management with the assistance of the City of Pasco interviewed Autumn White from the Benton Franklin Humane Society and Lindsey Soffes with SCRAPS—Spokane County Regional Animal Protection Service—to learn more about the requirements for an animal shelter. Then the team visited the current shelter where the administrator—Officer Deb Sporcich—provided a tour and further insight into the local needs, inadequacies due to age of the current facility, and process requirements. To further refine the understanding of options, the team requested and researched floorplans and other programs from around the country. Several of these contacts provided additional insight into what does or does not work in their facilities which helps our team avoid those pitfalls in future planning. Kennel manufacturers are also a critical element of the process as kennels require a minimum square footage per animal. We worked closely with the local animal shelter experts in reviewing kennel size and capacity to develop a solution that marries both budget constraints and animal requirements. The last step in the process after developing a conceptual floorplan included developing a materials narrative as well as construction estimate for each option available to the City of Pasco. EVALUATION RESOURCES David L. Robison, CCM, LEED AP Principal, Strategic Construction Management, Inc. Deb Sporcich, TCAS Animal Control Officer Autmn White, Benton Franklin Humane Society Lindsey Soffes, SCRAPS Mason Kennels Shorline Kennels Roen Associates G2 Construction WAVE Design Group David Robison and Kim Harvey of Strategic Construction Management served as point of contact for the project. Page 38 of 190 OPTION 1 Bid As Designed ‐ Meier Architects Design Page 39 of 190 6 OPTION 1 – Meier Architects Design Based On Shelter Planners Of America OVERVIEW In 2009 prior to the recession, a feasibility study and preliminary design for a new 15,000 sq ft replacement animal control facility was completed by Shelter Planners of America. Then, in July 2015, a White Paper was commissioned and completed by Anna Pflug to further detail options available to remodel or replace the TCAS facility. Finally, in January 2018, an architectural programming report was completed by Shelter Planner of America and Meier Architects that is the basis for the current plans and specifications. The original members of the ACA Committee who took part in the program discussions with Meier were: •Craig Littrell, City of Kennewick •Mike Harrison, City of Richland •Rick Terway, City of Pasco •Dan Dotta, City of Pasco Additionally, the team met with and toured the existing shelter with the shelter manager at the time‐‐Jenny McCombs. PROGRAM ASSUMPTIONS Shelter Planners of America usually recommends planning based on a maximum 14‐day average length of stay to avoid adverse effects of housing animals in shelters. The RFQ for the architect requested 11‐day ALS for dogs and 12‐day ALS for cats, and the shelter was planned for two phases of construction. Dogs •46 dogs •11‐day Average Length of Stay (ALS) •Expandable to add 14 spaces for future dogs Cats •59 cats •14‐Day Average Length of Stay •Expandable to add 7 spaces for future cats Page 40 of 190 7 OPTION 1 – Meier Architects Design Based On Shelter Planners Of America BUDGET ANALYSIS The master budget on the following page was developed at the request of the City of Pasco in the fall of 2019 to determine the feasibility to move forward with the project. The three cities— Kennewick, Richland, and Pasco—have a combined budget of $4.5 million to complete the construction of this project. Strategic enlisted Roen Associates—a professional construction estimating firm in the Seattle area— to develop a construction estimate. Based on 2019 construction costs, the project exceeded the available budget by almost $3.5 million. With changes in the market for 4 th quarter 2019 and COVID‐19 impacts to construction, public project bids are beginning to come in under the engineer’s estimate. In January 2019, the accepted bid for Pasco Fire Station 83 came in more than $800,000 under the engineer’s estimate or 16% under the estimate. Assuming a similar percentage decrease (16%) might be afforded by bidding the current documents as designed, it could be extrapolated that this option would result in a bid approximately $2.2 million over budget.See page 9 for a Master Budget Draft reflecting this extrapolation. Based on the agreements between the cities of Kennewick, Pasco, and Richland, that would require each city to further budget approximately $733,333. Meier Architects Site Plan Page 41 of 190 Description Budget $psf (12,335 sf)Comments 1 Soft Costs A/E Design & Construction Services $2,500 for Little League Fees paid by 2 $ 312,815.00 $ 25.36 Pasco 3 CM Services $ 208,387.26 $ 16.89 Per City of Pasco. Water/sewer connection $35,821.82 / Permits 4 Permits & Fees $ 45,896.23 $ 3.72 $10,074.41 / No TIF 5Geotech $ - $ -Provided by Meier Per Testcomm. $7,000 for HVAC; $2,500 for building envelope. Roen estimate 6 Commissioning $ 4,000.00 $ 0.32 included $4,500 for Commissioning 7 Builders Risk Insurance $ 30,000.00 $ 2.43 Estimated per IMT - 75% Facility / 25% Little League Parking paid by Pasco / 8 Special Inspections/Testing $ 9,000.00 $ 0.73 Level 1 Environmental at $3,000 9 Subtotal Soft Costs $ 610,098.49 $ 49.46 10 Sitework $ 721,936.00 $ 58.53 11 Little League Parking Lot $ 621,363.00 $ 16.82 12 New Construction $ 5,078,239.00 $ 411.69 13 Allowances 14 Allowance Breakout $ - $ - 15 $ - $ - 16 Subtotal New Construction $ 5,078,239.00 $ 411.69 17 Subtotal Direct Subcontract Costs $ 6,421,538.00 $ 520.59 18 Design/Estimating Contingency (0% of Line 17)$-$-Design completed; ready for permitting 19 Phasing $ - $ - 20 Inflation/Market Escalation (2% x Line 17) $ 128,430.76 $ 10.41 Assumes construction begins in Q1 2020 21 Subcontract Bonds (1% of lines 17 thu 20) $ 65,499.69 $ 5.31 Subtotal for Other Subcontract Costs (Add 22 Lines 18 thru21)$ 193,930.45 $ 15.72 23 Total for Subcontract Costs (Add Lines 17 & 22)$ 6,615,468.45 $ 536.32 24 Negotiated Support Services $ - $ -Not applicable at this time 25 Risk Contingency (5% of Line23) $ 330,773.42 $ 26.82 Development Construction Cost (Add Lines23 26 thru25)$ 6,946,241.87 $ 563.13 27 $ - $ - 28 $ - $ - 29 Total Contract Cost (TCC) (Add Lines 26 thru 28)$ 6,946,241.87 $ 563.13 30 WSST (8.6% of Line 29) $ 597,376.80 $ 48.43 Total Contract Cost (TCC) plus WSST (Add Lines 29 31 &30)$ 7,543,618.67 $ 611.56 32 FFE Security/Access Control costs pending / IT estimated at $25,000 but final cost 33 IT/Security/Access Control $ 25,000.00 $ 2.03 pending 34 Placeholder for furniture/fixtures $ 50,000.00 $ 4.05 35 Subtotal FFE $ 75,000.00 $ 6.08 36 Other 37 $- 38 Set Transformer $ 14,000.00 $ 1.13 39 $ - $ - 40 $ - $ - 41 Subtotal Other $ 14,000.00 $ 1.13 Construction Contingency (5% of Line 29) Contingency of $347312.09 plus 8.6% 42 $ 377,180.93 $ 30.58 sales tax TOTAL $ 8,619,898.09 $ 698.82 Includes soft costs Master Budget Draft Original Page 42 of 190 Master Budget Draft using 16% Reduction in Construction Costs Description Budget $psf (12,335 sf)Comments 1 Soft Costs A/E Design & Construction Services $2,500 for Little League Fees paid by 2 $ 312,815.00 $ 25.36 Pasco 3 CM Services $ 175,045.30 $ 14.19 Per City of Pasco. Water/sewer connection $35,821.82 / Permits 4 Permits & Fees $ 45,896.23 $ 3.72 $10,074.41 / No TIF 5Geotech $ - $ -Provided by Meier Per Testcomm. $7,000 for HVAC; $2,500 for building envelope. Roen estimate 6 Commissioning $ 4,000.00 $ 0.32 included $4,500 for Commissioning 7 Builders Risk Insurance $ 30,000.00 $ 2.43 Estimated per IMT - 75% Facility / 25% Little League Parking paid by Pasco / 8 Special Inspections/Testing $ 9,000.00 $ 0.73 Level 1 Environmental at $3,000 9 Subtotal Soft Costs $ 576,756.53 $ 46.76 10 Sitework $ 721,936.00 $ 58.53 11 Little League Parking Lot $ 621,363.00 $ 16.82 12 New Construction $ 5,078,239.00 $ 411.69 13 Allowances 14 Allowance Breakout $ - $ - 15 $ (1,027,446.00) $ (83.30) 16 Subtotal New Construction $ 4,050,793.00 $ 328.40 17 Subtotal Direct Subcontract Costs $ 5,394,092.00 $ 437.30 18 Design/Estimating Contingency (0% of Line 17) $-$-Design completed; ready for permitting 19 Phasing $ - $ - 20 Inflation/Market Escalation (2% x Line 17)$ 107,881.84 $ 8.75 Assumes construction begins in Q1 2020 21 Subcontract Bonds (1% of lines 17 thu 20) $ 55,019.74 $ 4.46 Subtotal for Other Subcontract Costs (Add 22 Lines 18 thru21)$ 162,901.58 $ 13.21 23 Total for Subcontract Costs (Add Lines 17 & 22)$ 5,556,993.58 $ 450.51 24 Negotiated Support Services $ - $ -Not applicable at this time 25 Risk Contingency (5% of Line23) $ 277,849.68 $ 22.53 Development Construction Cost (Add Lines23 26 thru25)$ 5,834,843.26 $ 473.03 27 $ - $ - 28 $ - $ - 29 Total Contract Cost (TCC) (Add Lines 26 thru 28)$ 5,834,843.26 $ 473.03 30 WSST (8.6% of Line 29) $ 501,796.52 $ 40.68 Total Contract Cost (TCC) plus WSST (Add Lines 29 31 &30)$ 6,336,639.78 $ 513.71 32 FFE Security/Access Control costs pending / IT estimated at $25,000 but final cost 33 IT/Security/Access Control $ 25,000.00 $ 2.03 pending 34 Placeholder for furniture/fixtures $ 50,000.00 $ 4.05 35 Subtotal FFE $ 75,000.00 $ 6.08 36 Other 37 $- 38 Set Transformer $ 14,000.00 $ 1.13 39 $ - $ - 40 $ - $ - 41 Subtotal Other $ 14,000.00 $ 1.13 Construction Contingency (5% of Line 29) Contingency of $291742.16 plus 8.6% 42 $ 316,831.99 $ 25.69 sales tax TOTAL $ 7,319,228.29 $ 593.37 Includes soft costs Page 43 of 190 10 OPTION 1 – Meier Architects Design Based On Shelter Planners Of America BENEFITS OF THIS APPROACH •A full set of documents has been developed by Meier Architects and is ready for the bid process. •Assuming budget is available, this is the fastest solution for replacing the existing animal shelter building. •The code used for this design will remain valid provided permitting is completed prior to November 2020. CHALLENGES TO THIS APPROACH •Phase 1 does not meet the current needs of the Animal Shelter for the community. •The existing plans—even if bids are received lower than the engineer’s estimate—are likely to continue to require more investment on behalf of the three cities than the $4.5 million available budget. •Concerns exist regarding the new site location adjacent to the ballfields due to the sound generated by an animal shelter. •If this approach is chosen and permitting occurs after November 1, 2020, the documents will be required to meet the new code. This may require additional design and engineering costs. Page 44 of 190 OPTION 2 Value Engineer Meier Architects Design Page 45 of 190 12 OPTION 2 –Value Engineer Meier Architects Design OVERVIEW In fall 2019, Strategic Construction Management was asked to review the current design with Meier Architects and Roen Associates to determine if value engineering offered a potential cost reduction. Based on that review, Roen Associates recommended options that if approved by all parties could result in $539,425 in savings—a listing of options is provided on the following page. PROGRAM ASSUMPTIONS This option does not include any material changes to the original Meier Architect documents. Page 46 of 190 Tri Cities Animal Shelter City of Pasco, Pasco, Washington Meier Architecture and Engineering October 29, 2019 The following are conceptual thoughts to value engineer, (VE), this project. Wall Types Cost Reductions Wall Type C This is the stone at the entry. The VE idea is to delete the stone and use a split face concrete masonry unit instead. This would happen at the entry only. +1,215 H Delete the glazed CMU and use plain CMU with epoxy paint instead. This would require periodic re-painting, but not often. The first cost savings would far outweigh the maintenance costs. A factor in the increased cost of the glazed CMU is the block face chipping during handling in transport and installation. (47,625) J P6/:8 Use a standard block masonry wall with cells filled with insulation. Does this have to be insulated when it is not habitable space? Simplify wall section. (85,000) Why is there insulation in this wall when each side is exterior space? Floor Plan Reductions - Sheet A100 Could Laundry and Mechanical rooms be reduced in area so that wall along grid 2 is flat? (18,050) Is it possible to reduce square footage a little by eliminating the space between Catio and the Kennels? ( 2,500) Consider a common drain line between interior and exterior kennel space to reduce piping runs. See HVAC/Plumbing below Straighten the kink, (135 degree) to reduce square footage slightly. Delete ceiling in garage Delete ceilings over the exterior runs. Paint the exposed structure instead. Use chain link for kennel walls and ceilings where possible ( 7,150) ( 6,900) ( 3,560) (42,700) Move the insulation to the underside of the roof deck. Mechanical can then be above the bottom chords of the trusses. The exterior wall height can then be reduced. ( 8,230) Use 2 x 4 ceiling tile wherepossible. ( 610) Reduce overhang at building entry. (make it 232 sf) ( 1,680) Delete concrete pad for cat cages and use wood framing instead. ( 5,350) Roof Plan Reductions - Sheet A109 Reduceoverhangs. ( 5,335) ROEN VE Memo –Page 1 Page 47 of 190 (204,750) ( 5,400) Change roofing from standing seam metal panel to asphalt shingle. Delete awnings (on the north side of the building). HVAC/Plumbing Suggestions (17,000) (25,000) ( 5,000) (40,000) Run trench drains in kennels (Inside and Outside) Infra-red gas heart and wall exhaust in kennel areas Radiant in-slab heat with exhaust in kennel areas. Simplify ERV system and strategy Electrical Suggestions Delete spares from the site pole feeds (3,500) Delete receptacle near door in each office (5). (2,500) Delete power in “get acquainted”room (1,200) Centralize exterior receptacle locations and remove unnecessary locations (1,600) Roen VE Memo –Page 2 Page 48 of 190 15 OPTION 2 –Value Engineer Meier Architects Design BUDGET ANALYSIS Value engineering is an exercise that proven most effective and beneficial to a project when incorporated with early document sets. However, developing a Value Engineering charette with the appropriate team members could result in further savings. The team would be responsible for reviewing the estimator’s value engineering opportunities as well as further refining the design with the architectural/engineering team to realize all opportunities for savings. The estimating and architectural engineering teams would have additional costs associated with this process as well as further development of the documents that are not included in the following master budget but could be anticipated to be less than $100,000. The master budget on the following page incorporates 100% of the value engineering savings. Based on these numbers, the project would remain over budget by almost $2.8 million. With changes in the market for 4 th quarter 2019 and COVID‐19 impacts to construction, public project bids are beginning to come in under the engineer’s estimate. In January 2019, the accepted bid for Pasco Fire Station 83 came in more than $800,000 under the engineer’s estimate or 16% under the estimate. Assuming a similar percentage decrease (16%) might be afforded by bidding the current documents as designed, it could be extrapolated that this option would result in a bid approximately $1.6 million over budget.See page 17 for a Master Budget Draft reflecting this extrapolation. Based on the agreements between the cities of Kennewick, Pasco, and Richland, that would require each city to further budget approximately $532,584. Page 49 of 190 Master Budget Draft with VE estimate Description Budget $psf (12,335 sf)Comments 1 Soft Costs $2,500 for Little League Fees paid by 2 A/E Design & Construction Services $ 312,815.00 $ 25.36 Pasco 3 CM Services $ 190,882.21 $ 15.47 Per City of Pasco. Water/sewer connection $35,821.82 / Permits 4 Permits & Fees $ 45,896.23 $ 3.72 $10,074.41 / No TIF 5 Geotech $ - $ -Provided by Meier Per Testcomm. $7,000 for HVAC; $2,500 for building envelope. Roen estimate 6 Commissioning $ 4,000.00 $ 0.32 included $4,500 for Commissioning 7 Builders Risk Insurance $ 30,000.00 $ 2.43 Estimated per IMT - 75% Facility / 25% Little League Parking paid by Pasco/ 8 Special Inspections/Testing $ 9,000.00 $ 0.73 Level 1 Environmental at $3,000 9 Subtotal Soft Costs $ 592,593.44 $ 48.04 10 Sitework $ 721,936.00 $ 58.53 11 Little League Parking Lot $ 621,363.00 $ 16.82 12 New Construction $ 5,078,239.00 $ 411.69 13 Allowances 14 Allowance Breakout $ - $ - 15 Value Engineering $ (539,425.00) $ (43.73) 16 Subtotal New Construction $ 4,538,814.00 $ 367.96 17 Subtotal Direct Subcontract Costs $ 5,882,113.00 $ 476.86 18 Design/Estimating Contingency (0% of Line 17)$-$-Design completed; ready for permitting 19 Phasing $ - $ - 20 Inflation/Market Escalation (2% x Line 17)$ 117,642.26 $ 9.54 Assumes construction begins in Q1 2020 21 Subcontract Bonds (1% of lines 17 thu 20) $ 59,997.55 $ 4.86 Subtotal for Other Subcontract Costs (Add 22 Lines 18 thru21)$ 177,639.81 $ 14.40 23 Total for Subcontract Costs (Add Lines 17 & 22)$ 6,059,752.81 $ 491.26 24 Negotiated Support Services $ - $ -Not applicable at this time 25 Risk Contingency (5% of Line 23) $ 302,987.64 $ 24.56 Development Construction Cost (Add Lines 23 26 thru25)$ 6,362,740.45 $ 515.83 27 $ - $ - 28 $ - $ - 29 Total Contract Cost (TCC) (Add Lines 26 thru 28)$ 6,362,740.45 $ 515.83 30 WSST (8.6% of Line 29) $ 547,195.68 $ 44.36 Total Contract Cost (TCC) plus WSST (Add Lines 29 31 &30)$ 6,909,936.13 $ 560.19 32 FFE Security/Access Control costs pending / IT estimated at $25,000 but final cost 33 IT/Security/Access Control $ 25,000.00 $ 2.03 pending 34 Placeholder for furniture/fixtures $ 50,000.00 $ 4.05 35 Subtotal FFE $ 75,000.00 $ 6.08 36 Other 37 $- 38 Set Transformer $ 14,000.00 $ 1.13 39 $ - $ - 40 $ - $ - 41 Subtotal Other $ 14,000.00 $ 1.13 42 Construction Contingency (5% of Line 29)$ 345,496.81 $ 28.01 Contingency of $ plus 8.6% sales tax TOTAL $ 7,937,026.38 $ 643.46 Includes soft costs Page 50 of 190 Master Budget Draft using 16% Reduction in Construction Costs & VE Estimate Description Budget $psf (12,335 sf)Comments 1 Soft Costs $2,500 for Little League Fees paid by 2 A/E Design & Construction Services $ 312,815.00 $ 25.36 Pasco 3 CM Services $ 160,341.06 $ 13.00 Per City of Pasco. Water/sewer connection $35,821.82 / Permits 4 Permits & Fees $ 45,896.23 $ 3.72 $10,074.41 / No TIF 5 Geotech $ - $ -Provided by Meier Per Testcomm. $7,000 for HVAC; $2,500 for building envelope. Roen estimate 6 Commissioning $ 4,000.00 $ 0.32 included $4,500 for Commissioning 7 Builders Risk Insurance $ 30,000.00 $ 2.43 Estimated per IMT - 75% Facility / 25% Little League Parking paid by Pasco/ 8 Special Inspections/Testing $ 9,000.00 $ 0.73 Level 1 Environmental at $3,000 9 Subtotal Soft Costs $ 562,052.29 $ 45.57 10 Sitework $ 721,936.00 $ 58.53 11 Little League Parking Lot $ 621,363.00 $ 16.82 12 New Construction $ 5,078,239.00 $ 411.69 13 Allowances 14 16% construction cost reduction $ (941,138.00) $ (76.30) 15 Value Engineering $ (539,425.00) $ (43.73) 16 Subtotal New Construction $ 3,597,676.00 $ 291.66 17 Subtotal Direct Subcontract Costs $ 4,940,975.00 $ 400.57 18 Design/Estimating Contingency (0% of Line 17)$-$-Design completed; ready for permitting 19 Phasing $ - $ - 20 Inflation/Market Escalation (2% x Line 17)$ 98,819.50 $ 8.01 Assumes construction begins in Q1 2020 21 Subcontract Bonds (1% of lines 17 thu 20) $ 50,397.95 $ 4.09 Subtotal for Other Subcontract Costs (Add 22 Lines 18 thru21)$ 149,217.45 $ 12.10 23 Total for Subcontract Costs (Add Lines 17 & 22)$ 5,090,192.45 $ 412.66 24 Negotiated Support Services $ - $ -Not applicable at this time 25 Risk Contingency (5% of Line 23) $ 254,509.62 $ 20.63 Development Construction Cost (Add Lines 23 26 thru25)$ 5,344,702.07 $ 433.30 27 $ - $ - 28 $ - $ - 29 Total Contract Cost (TCC) (Add Lines 26 thru 28)$ 5,344,702.07 $ 433.30 30 WSST (8.6% of Line 29) $ 459,644.38 $ 37.26 Total Contract Cost (TCC) plus WSST (Add Lines 29 31 &30)$ 5,804,346.45 $ 470.56 32 FFE Security/Access Control costs pending / IT estimated at $25,000 but final cost 33 IT/Security/Access Control $ 25,000.00 $ 2.03 pending 34 Placeholder for furniture/fixtures $ 50,000.00 $ 4.05 35 Subtotal FFE $ 75,000.00 $ 6.08 36 Other 37 $- 38 Set Transformer $ 14,000.00 $ 1.13 39 $ - $ - 40 $ - $ - 41 Subtotal Other $ 14,000.00 $ 1.13 42 Construction Contingency (5% of Line 29)$ 290,217.32 $ 23.53 Contingency of $ plus 8.6% sales tax TOTAL $ 6,745,616.06 $ 546.87 Includes soft costs Page 51 of 190 18 OPTION 2 –Value Engineer Meier Architects Design BUDGET ANALYSIS (continued) Proceeding with the value engineering method and a bid timeline of August 2020, a case could be made to remove the Inflation/escalation contingency and the Risk Contingency from the Master Budget Draft. Inflation/Market Escalation is critical in the construction market when the project is planned one or more years from the bid and construction dates. While market conditions are included in the new construction budget, this line item anticipates further challenges to the budget such as market changes, prevailing wage, tariff threats, natural disaster rebuilding from other areas of the country that adds pressure to resources, or CDL law changes driving this cost. By anticipating a bid within the summer of 2020, the ability for inflation and market escalation to make a substantial impact has been minimized. RiskContingencyaccountsfortheitemsthatare difficult to anticipate. These may include unforeseen conditions during construction/demolition, weather delays like the winter of 2016/2017, or pandemic issues that caused some construction projects to slow in spring 2020. Since the site is known for this project, the risk is limited. The master budget on the following page incorporates 100% of the value engineering savings as well as a reduction of both Inflation and Risk Contingency to zero. Based on these numbers, the project would remain over budget by almost $2.3 million. With changes in the market for 4 th quarter 2019 and COVID‐19 impacts to construction, public project bids are beginning to come in under the engineer’s estimate. In January 2019, the accepted bid for Pasco Fire Station 83 came in more than $800,000 under the engineer’s estimate or 16% under the estimate. Assuming a similar percentage decrease (16%) might be afforded by bidding the current documents as designed in addition to reducing both Inflation and Risk Contingency to zero, it could be extrapolated that this option would result in a bid approximately $1.2 million over budget.See page 17 for a Master Budget Draft reflecting this extrapolation. Based on the agreements between the cities of Kennewick, Pasco, and Richland, that would require each city to further budget approximately $400,000. Page 52 of 190 Master Budget Draft with VE estimate –Inflation & Risk Contingency at Zero Description Budget $psf (12,335 sf)Comments 1 Soft Costs $2,500 for Little League Fees paid by 2 A/E Design & Construction Services $ 312,815.00 $ 25.36 Pasco 3 CM Services $ 178,228.02 $ 14.45 Per City of Pasco. Water/sewer connection $35,821.82 / Permits 4 Permits & Fees $ 45,896.23 $ 3.72 $10,074.41 / No TIF 5 Geotech $ - $ -Provided by Meier Per Testcomm. $7,000 for HVAC; $2,500 for building envelope. Roen estimate 6 Commissioning $ 4,000.00 $ 0.32 included $4,500 for Commissioning 7 Builders Risk Insurance $ 30,000.00 $ 2.43 Estimated per IMT - 75% Facility / 25% Little League Parking paid by Pasco/ 8 Special Inspections/Testing $ 9,000.00 $ 0.73 Level 1 Environmental at $3,000 9 Subtotal Soft Costs $ 579,939.25 $ 47.02 10 Sitework $ 721,936.00 $ 58.53 11 Little League Parking Lot $ 621,363.00 $ 16.82 12 New Construction $ 5,078,239.00 $ 411.69 13 Allowances 14 Allowance Breakout $ - $ - 15 Value Engineering $ (539,425.00) $ (43.73) 16 Subtotal New Construction $ 4,538,814.00 $ 367.96 17 Subtotal Direct Subcontract Costs $ 5,882,113.00 $ 476.86 18 Design/Estimating Contingency (0% of Line 17)$-$-Design completed; ready for permitting 19 Phasing $ - $ - 20 Inflation/Market Escalation (2% x Line 17) $ - $ - 21 Subcontract Bonds (1% of lines 17 thu 20) $ 58,821.13 $ 4.77 Subtotal for Other Subcontract Costs (Add 22 Lines 18 thru21)$ 58,821.13 $ 4.77 23 Total for Subcontract Costs (Add Lines 17 & 22)$ 5,940,934.13 $ 481.63 24 Negotiated Support Services $ - $ -Not applicable at this time 25 Risk Contingency (5% of Line 23) $ - $ - Development Construction Cost (Add Lines 23 26 thru25)$ 5,940,934.13 $ 481.63 27 $ - $ - 28 $ - $ - 29 Total Contract Cost (TCC) (Add Lines 26 thru 28)$ 5,940,934.13 $ 481.63 30 WSST (8.6% of Line 29) $ 510,920.34 $ 41.42 Total Contract Cost (TCC) plus WSST (Add Lines 29 31 &30)$ 6,451,854.47 $ 523.05 32 FFE Security/Access Control costs pending / IT estimated at $25,000 but final cost 33 IT/Security/Access Control $ 25,000.00 $ 2.03 pending 34 Placeholder for furniture/fixtures $ 50,000.00 $ 4.05 35 Subtotal FFE $ 75,000.00 $ 6.08 36 Other 37 $- 38 Set Transformer $ 14,000.00 $ 1.13 39 $ - $ - 40 $ - $ - 41 Subtotal Other $ 14,000.00 $ 1.13 42 Construction Contingency (5% of Line 29)$ 322,592.72 $ 26.15 Contingency of $ plus 8.6% sales tax TOTAL $ 7,443,386.44 $ 603.44 Includes soft costs Page 53 of 190 Master Budget Draft using 16% Reduction in Construction Costs & VE Estimate – Inflation & Risk Contingency at Zero Description Budget $psf (12,335 sf)Comments 1 Soft Costs $2,500 for Little League Fees paid by 2 A/E Design & Construction Services $ 312,815.00 $ 25.36 Pasco 3 CM Services $ 149,711.54 $ 12.14 Per City of Pasco. Water/sewer connection $35,821.82 / Permits 4 Permits & Fees $ 45,896.23 $ 3.72 $10,074.41 / No TIF 5 Geotech $ - $ -Provided by Meier Per Testcomm. $7,000 for HVAC; $2,500 for building envelope. Roen estimate 6 Commissioning $ 4,000.00 $ 0.32 included $4,500 for Commissioning 7 Builders Risk Insurance $ 30,000.00 $ 2.43 Estimated per IMT - 75% Facility / 25% Little League Parking paid by Pasco/ 8 Special Inspections/Testing $ 9,000.00 $ 0.73 Level 1 Environmental at $3,000 9 Subtotal Soft Costs $ 551,422.77 $ 44.70 10 Sitework $ 721,936.00 $ 58.53 11 Little League Parking Lot $ 621,363.00 $ 16.82 12 New Construction $ 5,078,239.00 $ 411.69 13 Allowances 14 16% Construction cost reduction $ (941,138.00) $ (76.30) 15 Value Engineering $ (539,425.00) $ (43.73) 16 Subtotal New Construction $ 3,597,676.00 $ 291.66 17 Subtotal Direct Subcontract Costs $ 4,940,975.00 $ 400.57 18 Design/Estimating Contingency (0% of Line 17)$-$-Design completed; ready for permitting 19 Phasing $ - $ - 20 Inflation/Market Escalation (2% x Line 17) $ - $ - 21 Subcontract Bonds (1% of lines 17 thu 20) $ 49,409.75 $ 4.01 Subtotal for Other Subcontract Costs (Add 22 Lines 18 thru21)$ 49,409.75 $ 4.01 23 Total for Subcontract Costs (Add Lines 17 & 22)$ 4,990,384.75 $ 404.57 24 Negotiated Support Services $ - $ -Not applicable at this time 25 Risk Contingency (5% of Line 23) $ - $ - Development Construction Cost (Add Lines 23 26 thru25)$ 4,990,384.75 $ 404.57 27 $ - $ - 28 $ - $ - 29 Total Contract Cost (TCC) (Add Lines 26 thru 28)$ 4,990,384.75 $ 404.57 30 WSST (8.6% of Line 29) $ 429,173.09 $ 34.79 Total Contract Cost (TCC) plus WSST (Add Lines 29 31 &30)$ 5,419,557.84 $ 439.36 32 FFE Security/Access Control costs pending / IT estimated at $25,000 but final cost 33 IT/Security/Access Control $ 25,000.00 $ 2.03 pending 34 Placeholder for furniture/fixtures $ 50,000.00 $ 4.05 35 Subtotal FFE $ 75,000.00 $ 6.08 36 Other 37 $- 38 Set Transformer $ 14,000.00 $ 1.13 39 $ - $ - 40 $ - $ - 41 Subtotal Other $ 14,000.00 $ 1.13 42 Construction Contingency (5% of Line 29)$ 270,977.89 $ 21.97 Contingency of $ plus 8.6% sales tax TOTAL $ 6,330,958.50 $ 513.25 Includes soft costs Page 54 of 190 21 BENEFITS OF THIS APPROACH •A full set of documents has been developed by Meier Architects and is ready for the bid process. •Assuming budget is available, this process would prove more timely than a full redesign. •Additional opportunities for savings can be realized when the team collaborates to develop a value engineering list. •Costs for a Value Engineering charette and redesign are lower than development of a full set of plans. •The code used for this design will remain valid provided permitting is completed prior to November 2020. CHALLENGES TO THIS APPROACH •Phase 1 does not meet the current needs of the Animal Shelter for the community. •The existing plans—even if bids are received lower than the engineer’s estimate— and all value engineering opportunities are exhausted will likely exceed each cities budget by more than $300,000. •Additional costs for Value engineering charette and plan modifications (not included in master budget estimates). •If this approach is chosen and permitting occurs after November 1, 2020, the documents will be required to meet the new code. This may require additional design and engineering costs. OPTION 2 –Value Engineer Meier Architects Design Page 55 of 190 Concept Overview for Option 3 & 4 Page 56 of 190 23 Overview In spring 2020, Strategic Construction Management met with the City of Pasco as they endeavored to develop a solution for the aging animal shelter facility that met budgetary requirements and program requirements. The Tri‐City Animal Shelter is operated financially by the cities of Kennewick, Richland, and Pasco. The three cities have each earmarked $1.5 million in their budgets for the project. In the following pages and the appendix, a conceptual floorplan was developed to define the flow of the facility. Flow is a critical factor in overall animal health, adoption opportunities, and staff management. The conceptual plan also incorporates the size of the kennels required to house animals, anticipates airflow needs and possible accommodations, and other functional needs. A conceptual plan differs from design in that the architectural, mechanical, electrical, finishes, and details such as code required exiting are not considered. The concept is developed to validate and create a programmatic floor plan representing square footage requirements that are efficient in flow and operations. Estimates of cost are based on square footage that will later be refined through design development by a selected architectural firm. Page 57 of 190 28'8"20' 20'28'8"20' 20'28'8"20'2"28'9"19'9" 20'28'9"20'5" 20'2"28'8"20'28'9"20' 11'2"4'4" 14'2" Canine Exam Feline Exam 10'5" Canine Isolation 4 single 4'x6' kennels Feline Isolation 12 kennels Euthanasia Mechanical Room Temporary Canine Holding6'3"Staff / Delivery Doors Lar ge Do g D - 6 t o 12 Fen c ed Ex t er i o r Meet & Gr eet A r ea 34'4"11'4"16'9"21'6"Temporary Holding Cats L arg e Do g C - 6 to 12 Can i ne A g gr es s i v e - 5 to 10 Lar ge Do g E - 6 t o 12Court Ho l d - 5 t o 10 Sm al l Do g A - 6 t o 12 Sm all Dog B - 8 s i ng le ken nels 11'3"10'21'10"15'5"21'5"12'10"1'3" 9'5" 9'5"13'4"Dog Meet & Greet Public entrance reception waiting area 6'4" 8'10"9'11"PIC Office 7'3" Crate Wash - this is an exterior wash station that is covered by overhang 7'4" 8' Food Prep 9'11"Mop Sink 3'10"Supply Room 10'10'10'10'5" Cat Meet & Greet / Cat Colony Public Paperwork Area / Volunteer meeting area 78'Catter y Cat Kennel 12 Storage Freezer Cat Kennel 12 Cat Kennel 12 14'8" 9'9"10'3"10'10' Cat Kennel 12 22' long x 7' wide 9'6"10'9'6" Cat Colony - Max 6 Cat Colony - Max 6 Cat Colony - Max 6 Kitten Room 8' wide Open Office Space55'5"36'8'7"6'1"10'6'1"10'7'5"7'5"10'1" 9'6"14'8"9'6"6'3"6'4" Break Area Cat Holding - 24 kennels Not open to public Co n c ep t u al Fl o o r Pl an Page 58 of 190 25 Program Requirements Additionally, the facility must accommodate the intake needs of the three communities, adoption opportunities, isolation, animal health, and many more elements that are part of a successful facility. Requirements provided by the City of Pasco for use in developing this report include: Accommodate 60 dogs •Court Hold •Canine Aggressive •Small Dog vs Large Dog •Offer exterior play and enrichment areas for dogs Accommodate 90 cats •Offer cat colonies for cats •Offer exterior feral cat colony spaces •Kitten room Rooms/facilities for each species (eg one cat isolation room and one dog isolation room) •Dog and cat areas should be separated to minimize animal stress •Provide meet & greet area for both dogs and cats •Isolation •Exam •Holding Euthanasia that is in a quiet area of the facility Cleaning Areas •Sallyport for cleaning and disinfecting crates •Food prep and dishwasher •Washer/dryer 55 gallon drum disinfectant example Placed at Sallyport exterior cleaning area to dip crates for disinfection Page 59 of 190 26 Program Assumptions The experts assisted the team in navigating the Association of Shelter Veterinarians (ASV) guidelines for the space requirements, ventilation needs, and other herd health needs for the program. Assumptions for the facility include the following: Overall •Natural light is ideal in animal spaces. •To maintain herd health, separate ventilation is required for each animal room. Dogs •Minimum space available for 42 dogs •This does not include isolation or temporary holding •Kennels in six pods (rooms) designed to be two‐sided with guillotine door •Ideal placement is one dog per kennel •Maximum placement available for 76 dogs assuming one dog on each side of double‐ sided kennel •Kennel assumptions •Average space for dogs requires 4’ x 12’ kennel with guillotine door at the center •Space for extra large dogs requires minimum 5’ width in some kennels •Kennel height 72” •Kennels located adjacent to a wall assume that wall serves as kennel wall •Two kennels per room covered with stainless steel at the top to prevent jumpers/climbers from relocating to another kennel •Kennels do not face other kennels to minimize animal stress •4’ walkway around all kennels to facilitate cleaning •FRP to 48” on kennel walls to minimize animal stress •FRP is changeable with wear over time •Only to 48” to maximize airflow in kennels •Kennels sealed on all sides •Pods – these are kennel rooms. •Small Dog A, B – these are useful for small dogs (eg chihuahua) and puppies •Large Dog C, D, E •Canine Aggressive – these can be used for aggressive dogs as necessary, and this also includes two kennels that are five feet wide for extra large dog breeds •Court Hold – these must be kept separate from the regular population, and a private play area entrance is available to these animals. •Intake Rooms •Canine Isolation – this room accommodates only four animals with health issues that require separation from the remainder of the population •Canine Holding – this is a temporary stop as animals are brought into the facility by officers Page 60 of 190 27 Program Assumptions Cats •Minimum space available for 96 cats •This does not include isolation, cat holding or exterior feral colony areas •Kennels are located in six rooms with cat colonies in four rooms •Kennel Assumptions •Designed for 12 cat condos (eg separate litter for each animal) per room •Planned as elevated 2’ from the floor to minimize animal stress •4’ area in front of each kennel to facilitate cleaning •Opportunity to install cabinetry above and below kennels – not included in FFE pricing •Two kennel rooms are located with staff access only and labelled as Holding •These rooms are planned for animals that need time prior to public view •Cat colony assumptions •Experts shared that these are the healthiest options for cats •A cat colony room in a publicly accessible area can double in some cases as a cat meet & greet area •Colonies are the healthiest option for cats •Per ASV guidelines, plan 18 sf per cat •Maximum number of cats per room is six •A kitten room is ideal in a facility, so one of the colonies on the conceptual floorplan is noted as a kitten room •Intake •Cat isolation ‐this room accommodates only four animals with health issues that require separation from the remainder of the population •Cat Holding – this is a temporary stop as animals are brought into the facility by officers Shor‐Line –Cat Suite Page 61 of 190 28'20'28'20' Kennel Dimensions 6 kennels at 4' x 12' Each kennel includes guillotine door in the center. Kennels on either end include stainless steel cover to protect jumpers and climbers. Exit on eithe r side to facilitate cleaning and multiple canines where required. 4' walkway surrounding kennels Trench drain in the center with two access points per kennel. Each canine room includes: Mini split Ventilation Fan Large Dog Pod Layout Page 62 of 190 28'20'28'20'Kennel Dimensions 6'x12' 4'x12' 4'x12' 4'x12' 6'x12' Each kennel includes guillotine door in the center. Kennels on either end include stainless steel cover to protect jumpers and climbers. Exit on either side to facilitate cleaning and multiple canines where required. 4' walkway surrounding kennels Trench drain in the center with two access points per kennel. Each canine room includes: Mini split Ventilation fan Court Hold & Canine Aggressive Layout Page 63 of 190 16'22'16'1"22' Kennel Dimensions 6 kennels at 3' x 8' Longer side is 3'x5' with shorter side 3'x3' Each kennel includes guillotine door in the center. Kennels on either end include stainless steel cover to protect jumpers and climbers. Exit on either side to facilitate cleaning and multiple canines where required. 4' walkway surrounding kennels Trench drain in the center with two access points per kennel. Each canine room includes: Mini split Ventilation fan Small Dog Pod A Layout Page 64 of 190 13'5"22'13'5"22' Kennel Dimensions 8 kennels at 3' x 5'Trench drain in the center with two access points per kennel. Each canine room includes: Mini split Ventilation fan Small Dog Pod B Layout Page 65 of 190 32 Program Assumptions Flooring •To maintain animal health, it is important to note that even in common or staff only areas, no carpet is included in the facility. •Facility is planned as concrete floor. •Floor is planned sloped in kennel rooms to facilitate drainage during cleaning. •All animal area floors sealed with epoxy. •All other floors should be sealed concrete. Plumbing •Trench drains located in each kennel room for drainage during cleaning. •One quick disconnect hose bib located in each kennel room to allow cleaning with portable hose. •Two restrooms (one public / one staff) located in the facility. •Sinks and appropriate fixtures such as dishwasher/washer located in kitchen, break area, and cleaning area •Drinking fountain in staff area or as may be required by code Mechanical •Each kennel room, cat colony, and isolation room will include: •Temperature control via mini‐splits to maintain separate air flow and minimize contamination. •Ventilation fan to outside air is currently envisioned to provide proper air changes within the facility •Public area will be temperature controlled via standard HVAC system that is separate from the animal system. Electrical •Lighting, outlet and panel distribution as required to serve the facility. Walls See Program Assumptions for Options 3 and 4. Cleaning Sallyport located on the exterior of the building with a hose feed and concrete pad large enough to accommodate two 55 gallon drums for “dip cleaning” crates and temporary crate storage. Food bowl cleaning/prep area and laundry areas need to be separated to minimize disease. Storage •To maximize the conceptual footprint, it is assumed that the garage storage currently used at the animal shelter will continue to be used in the future. Page 66 of 190 33 Program Assumptions FFE (Furniture, Fixtures & Equipment) The only FFE items included in the budget are: •$25,000 allowance for security/IT/access control based on numbers provided by City of Pasco IT department •Kennel costs –these are based on an estimated average of costs provided by Mason and ShorLine for kennels. Additional FFE considerations that are not included: •Office furniture, partitions, computer equipment •Cat colony litters, enrichment materials •Dog enrichment materials •Animal feeding materials/supplies •Animal sleeping materials/supplies •Exam room requirements •Euthanasia room requirements •Reception requirements •Meet & Greet room requirements Office Space •Open floorplan •Plan for future installation or pool city resources to furnish and maximize budget including desks, partitions, computer equipment, telecommunications equipment •Not included in FFE costs Johnson Architects – Seattle Humane Society Page 67 of 190 34 Program Site Overview The City of Pasco owns significant area surrounding the current shelter facility. The greenspace located to the west of the existing animal shelter structures. Placing the structure in this area offers several advantages: •Ability to keep the existing facility operational during construction •Potential space for future expansion if needed •Space for visitor parking, staff parking, and outdoor exercise/play areas •Convenient use of the existing garage at the current shelter after the structure is complete Based on the Geotechnical Report commissioned by the City of Pasco from Shannon & Wilson Geotechnical and Environmental Consultants, water can be found at a fairly shallow depth – 5’ to 6’ deep. The report recommendation is to use spread footings on the structure to minimize exposure to the water level. Assumptions Through recent City of Pasco reports, it doesn’t appear that the water, sewer, or wastewater lines cross this site. Additionally, local architects were unable to find any evidence of right of ways that would impede the development or extension of other utilities such as power, gas, or telecommunications on the site. However, a full site survey will be required to determine available utilities and required extensions of those utilities. A civil engineering site survey and the development of documents in collaboration with the City of Pasco and the selected architectural firm will take place when the city is ready to begin design. See appendix for site drawing from Wave Architects provided to confirm site utilities and conceptual plan fit for site. NOTE: The parking and design are provided for spacing only and do not represent the conceptual plan. Parking If the City of Pasco code permits, it would be recommended to provide the minimum parking necessary on the new site space to maximize greenspace for animals. Additionally, it is assumed that parking at the existing site could be usable in the future. Parking assumes asphalt paving. Page 68 of 190 35 Program Site Proposed building Page 69 of 190 28'4"113'6"28'8"28'111'28'111'20' 239'11"305'7"178'1 8 8 '10"Court Hold Play Yard 40'x40' Play Yard 1 20'x20' Feral Cat Colony Feral Cat Colony Feral Cat Colony 63'2"45'1"63'2"45'1" Parking Play Yard / Meet & Greet Staff Entrance / Crate Wash Isolation Entrance Existing Tri-City Animal Shelter Site Conceptual Site Plan Site green space Site Pond Play Yard 2 20'x20' Play Yard 4 20'x20' Play Yard 3 20'x20' 5' Catch Pen between each yard and buliding to minimize fence fighting and allow safe release of animals into pens Play Yard / Meet & Greet Proposed Building Dog Kennels Proposed Building Dog Kennels/Court Hold Proposed Building Reception/ Cattery Page 70 of 190 37 Program Site Exterior Play Areas/Meet & Greet Areas •Exterior play areas should be fenced for animal use in addition to the meet & greet area. Each yard should include a catch pen. •Fencing should be standard galvanized fence a minimum of 72” high •The Court Hold pod should have a fenced area accessible from that pod only •Areas should include wood chips (cedar, pine, or oak)—not mulch or grass—or pea gravel as ground cover •Maintain the maximum number of trees allowable to provide shade for the facility Dogs Play for Life Example Play Yard Page 71 of 190 38 Program Elements Not Included in Budget Due to the conceptual nature of this floorplan, studies have not been completed in several areas. It is important to note the following items are not included in the budget: •Costs to raze the existing building after construction ‐Due to the age of the existing structures, asbestos abatement and other abatement requirements may be necessary. •Relocation of any existing utilities –Based on the available city information, current utilities should not be impacted by future construction; however, there can be unknown circumstances under the site of the proposed facility. •FFE Elements as detailed on prior pages –Due to the collaborative nature of the three cities, there may be opportunities to employ other resources to meet these needs. •Code Requirements –As conveyed by other animal shelter managers, animal shelters are not subject to health department or other specialized code requirements at this time. •Ground cover for Exterior Play Areas – Ideally, the exterior, fenced play areas will consist of pea gravel or bark rather than grass. These options allow greater control through disinfection should parvo or distemper be tracked to the area from one of the animals. Grass cannot be disinfected which jeopardizes herd health. Due to the three cities collaboration, there may be opportunities through parks and rec or other projects to procure bark necessary for this feature. Tri‐City Animal Shelter –Existing Facility Interior Page 72 of 190 39 Program Upgrade Options Options to upgrade facilities are always available as budget permits. Those options for this facility may include: •Add two more bays for Large Dog kennel pods to increase the minimum dog allowance to •Stainless steel versus galvanized kennels •Add a grooming room versus using sinks, large bath or outdoor hoses •Storage casework both above and below cat kennels •Utilize epoxy on all concrete floors versus sealing concrete only in the public areas •Epoxy paint on all masonry block walls to five feet •Add sound board, wall, or ceiling panels in kennels for better sound control •Add more windows to increase natural light in kennels •Masonry façade at the front elevation •Install cabinets above all work spaces Page 73 of 190 OPTION 3 Metal Building Page 74 of 190 41 OPTION 3 –Metal Building OVERVIEW A metal building provides an alternative opportunity that historically proves to be a lower cost option than a traditionally engineered structure.For the purposes of developing additional options, it was important to review the layout and budget that could be available through a metal structure. PROGRAM ASSUMPTIONS •To minimize escalation, inflation and other contingencies: •The cities elect to move forward with the project no later than July 1, 2020. •Full architectural/engineering drawings complete within 120 – 180 days. •By 4 th Quarter 2020, the cities move forward with consruction. •Building assumptions include: •Building 130’ x 80’ assume 12’ eave •Each dog room to have quick connect hose bib. •Kennels require floor drains or trench drains (no trench drains required for cats) •Acoustical Ceilings throughout – vinyl coated, clipped and gasketed like a clean room with insulation above. Possibly metal liner panels on underside of metal building purlins. •Floor Polished concrete throughout. Possible Heavy Duty epoxy in dog rooms. Sheet vinyl where appropriate. No carpet. •Epoxypaintwhereappropriate •Interior walls metal framed with metal liner panels or drywall with FRP •Ceilings possibly metal liner panels •Exterior CMU/stone veneer accents around entrance •No casework •HM/HM doors Johnson Architects – Seattle Humane Society Page 75 of 190 Page 76 of 190 Page 77 of 190 44 BUDGET ANALYSIS The master budget on the following page was developed at with the assistance of G2 Construction— a local general contractor with significant expertise in metal structures. Based on their experience with public projects and metal buildings, it is estimated that building and site for the conceptual plan structure would cost nearly $3.7 million. There are significant costs in outfitting kennels for an animal shelter as well, and these estimates for the conceptual budget costs were developed working with both Mason Kennels and Shor Line Kennels. It would be recommended that the cities purchase kennels as owner furnished, contractor installed to maximize the budget. The total project cost estimate—including soft costs and 17% contingency—is $5.7 million. Based on the agreements between the cities of Kennewick, Pasco, and Richland, that would require each city to further budget approximately $414,987. OPTION 3 –Metal Building Page 78 of 190 Tri-City Animal Shelter Pasco WA Conceptual Master Budget Metal Building Description Budget $psf (8,436 sf) Comments 1 Soft Costs 2 A/E Design & Construction Services $ 419,851.95 $ 49.77 3 CM Services $ 125,955.59 $ 14.93 Per City of Pasco. Water/sewer connection $35,821.82 / Permits 4 Permits & Fees $ 45,896.23 $ 5.44 $10,074.41 / No TIF 5 Geotech $ - $ -Provided by Meier Per Testcomm. $7,000 for HVAC; $2,500 for building envelope. Roen estimate 6 Commissioning $ 7,000.00 $ 0.83 included $4,500 for Commissioning 7 Builders Risk Insurance $ 20,000.00 $ 2.37 8 Special Inspections/Testing $ 9,000.00 $ 1.07 Estimated per IMT - based on original site 9 Subtotal SoftCosts $ 627,703.77 $ 74.41 10 $ - $ - 11 $- Includes new transformer, sewer, gas, 12 New Construction/Sitework $ 3,700,000.00 $ 438.60 electric 13 14 $- 15 $- 16 Subtotal New Construction $ 3,700,000.00 $ 438.60 17 Subtotal Direct Subcontract Costs $ 3,700,000.00 $ 438.60 18 Design Estimating Contingency (5%) $ 185,000.00 $ 21.93 5% Design Estimating Contingency 19 Phasing $ - $ - 20 Inflation/Market Escalation (2% x Line 17) $ 74,000.00 $ 8.77 Assumes build 4Q 2020/2021 21 Subcontract Bonds (1% of lines 17 thu 20) $ 39,590.00 $ 4.69 Subtotal for Other Subcontract Costs (Add 22 Lines 18 thru 21) $ 298,590.00 $ 35.39 23 Total for Subcontract Costs (Add Lines 17 & 22)$ 3,998,590.00 $ 473.99 24 Negotiated Support Services $ - $ - Not applicable at this time 25 Risk Contingency (5% of Line 23) $ 199,929.50 $ 23.70 Development Construction Cost (Add Lines 23 26 thru25) $ 4,198,519.50 $ 497.69 27 $ - $ - 28 $ - $ - 29 Total Contract Cost (TCC) (Add Lines 26 thru 28)$ 4,198,519.50 $ 497.69 30 WSST (8.6% of Line 29) $ 361,072.68 $ 42.80 Total Contract Cost (TCC) plus WSST (Add Lines 29 31 &30)$ 4,559,592.18 $ 540.49 32 FFE Security/Access Control costs pending / IT estimated at $25,000 but final cost 33 IT/Security/Access Control $ 25,000.00 $ 2.96 pending 34 $ - $ - 35 SubtotalFFE $ 25,000.00 $ 2.96 36 Other 5 large rooms at $17,295 per room, 2 small rooms at $7601, $20k shipping, $7k 37 Dog Kennels $ 141,180.00 $ 16.74 for misc kennel req 38 Cat Kennels $ 113,505.46 $ 13.45 $14931 for 7 rooms 39 Kennels $ 50,000.00 $ 5.93 Add'l needs 40 $ - $ - 41 SubtotalOther $ 304,685.46 $ 36.12 42 Construction Contingency (5% of Line 29)$ 227,979.61 $ 27.02 Contingency of $ plus 8.6% sales tax TOTAL $ 5,744,961.01 $ 681.01 Includes soft costs Last Revision: 5/14/2020 Page 79 of 190 46 BENEFITS OF THIS APPROACH •Option for design build using City of Richland GCCM Certification •Program represents input from area facility managers. •This is a smaller, more efficient program that easily lends itself to future additions as the program grows. •The program will be located adjacent to the existing building which will offer opportunities for future renovation of the existing building for overflow use. •With the location adjacent to the existing building, storage can be maximized using the existing garage. •Prefabricated structure that lends itself to a shorter construction duration than a traditional build. CHALLENGES TO THIS APPROACH •Due to being a pre‐engineered metal building, noise and acoustics may be more difficult to control, and this may result in stress for animals. •No challenges to the development of the structure with the exception of the unknown site utilities and availability of the utilities. OPTION 3 –Metal Building Page 80 of 190 OPTION 4 Masonry Block Building Page 81 of 190 48 OPTION 4 –Masonry Block Building OVERVIEW PROGRAM ASSUMPTIONS •To minimize escalation, inflation and other contingencies: •The cities elect to move forward with the project no later than July 1, 2020. •Full architectural/engineering drawings complete within 120 – 180 days. •By 4 th Quarter 2020, the cities move forward with construction. •Building assumptions include: •Epoxy floor and epoxy wall paint up to 5’ on all interior masonry walls •Sealed concrete floors in office and guest areas •All mechanical and electrical exposed and wall‐mounted •Hollow metal doors •Ceilings open to trusses A masonry building provides a long‐lasting opportunity because this type of building has a longer lifespan than any other building type—as evidenced by the current Tri‐City Animal Shelter facility. Masonry is non‐combustible, so improves fire protection for the building and its occupants. Masonry units increase the thermal mass of a building. For a shelter, masonry also provides a facility that is easy to clean. Page 82 of 190 49 BUDGET ANALYSIS The master budget on the following page was developed by Strategic Construction Management with assistance from both G2 Construction and Roen. Based on current public projects and their experience, it is estimated that building and site for the conceptual plan structure would cost nearly $3.75 million. There are significant costs in outfitting kennels for an animal shelter as well, and these estimates for the conceptual budget costs were developed working with both Mason Kennels and Shor Line Kennels. It would be recommended that the cities purchase kennels as owner furnished, contractor installed to maximize the budget. The total project cost estimate—including soft costs and 17% contingency—is $5.8 million. Based on the agreements between the cities of Kennewick, Pasco, and Richland, that would require each city to further budget approximately $443,385. OPTION 4 –Masonry Block Building Page 83 of 190 Tri-City Animal Shelter Pasco WA Conceptual Master Budget Masonry Building Description Budget $psf (8,436 sf)Comments 1 Soft Costs 2 A/E Design & Construction Services $ 426,558.57 $ 50.56 3 CM Services $ 127,967.57 $ 15.17 Per City of Pasco. Water/sewer connection $35,821.82 / Permits $10,074.41 / No TIF - based on original 4 Permits & Fees $ 45,896.23 $ 5.44 site Completed by City of Pasco in Spring 5 Geotech $ - $ - 2020 6 Commissioning $ 7,000.00 $ 0.83 7 Builders Risk Insurance $ 20,000.00 $ 2.37 8 Special Inspections/Testing $ 9,000.00 $ 1.07 Estimated per IMT - based on original site 9 Subtotal Soft Costs $ 636,422.38 $ 75.44 10 $ - $ - 11 $ - $ - Includes new transformer, sewer, gas, 12 Sitework/New Construction $ 3,759,103.00 $ 445.60 electric 13 $ - $ - 14 $- 15 $ - $ - 16 Subtotal New Construction $ 3,759,103.00 $ 445.60 17 Subtotal Direct Subcontract Costs $ 3,759,103.00 $ 445.60 18 Design Estimating Contingency (5%)$ 187,955.15 $ 22.28 5% Design Estimating Contingency 19 Phasing $ - $ - 20 Inflation/Market Escalation (2% x Line 17) $ 75,182.06 $ 8.91 Assumes build 4Q 2020/2021 21 Subcontract Bonds (1% of lines 17 thu 20) $ 40,222.40 $ 4.77 Subtotal for Other Subcontract Costs (Add 22 Lines 18 thru 21) $ 303,359.61 $ 35.96 23 Total for Subcontract Costs (Add Lines 17 & 22)$ 4,062,462.61 $ 481.56 24 Negotiated Support Services $ - $ - Not applicable at this time 25 Risk Contingency (5% of Line 23) $ 203,123.13 $ 24.08 Development Construction Cost (Add Lines 23 26 thru25) $ 4,265,585.74 $ 505.64 27 $ - $ - 28 $ - $ - 29 Total Contract Cost (TCC) (Add Lines 26 thru 28)$ 4,265,585.74 $ 505.64 30 WSST (8.6% of Line 29) $ 366,840.37 $ 43.49 Total Contract Cost (TCC) plus WSST (Add Lines 29 31 &30)$ 4,632,426.12 $ 549.13 32 FFE Security/Access Control costs pending / IT estimated at $25,000 but final cost 33 IT/Security/Access Control $ 25,000.00 $ 2.96 pending 34 $- 35 SubtotalFFE $ 25,000.00 $ 2.96 36 Other 37 $- 5 large rooms at $17,295 per room, 2 small rooms at $7601, $20k shipping, $7k 38 Dog Kennels $ 141,180.00 $ 16.74 for misc kennel req 39 Cat Kennels $ 113,505.46 $ 13.45 $14931 for 7 rooms 40 Kennels $ 50,000.00 $ 5.93 Add'l needs 41 SubtotalOther $ 304,685.46 $ 36.12 42 Construction Contingency (5% of Line 29)$ 231,621.31 $ 27.46 Contingency of $ plus 8.6% sales tax TOTAL $ 5,830,155.26 $ 691.10 Includes soft costs Last Revision: 5/14/2020 Page 84 of 190 51 BENEFITS OF THIS APPROACH CHALLENGES TO THIS APPROACH •No challenges to the development of the structure with the exception of the unknown site utilities and availability of the utilities. OPTION 4 –Masonry Block Building •Option for design build using City of Richland GCCM Certification •Program represents input from area facility managers. •This is a smaller, more efficient program that easily lends itself to future additions as the program grows. •The program will be located adjacent to the existing building which will offer opportunities for future renovation of the existing building for overflow use. •With the location adjacent to the existing building, storage can be maximized using the existing garage. •Lifespan of the structure. •Masonry walls will minimize noise both interior and exterior. Page 85 of 190 CONCLUSIONS Page 86 of 190 53 CONCLUSIONS Based on the analysis of the four paths forward for the Tri‐City Animal Shelter, there are three options with the greatest viability for moving forward: •Option 2 ‐VE Master Budget with 16% Reduction in Construction Costs and Reduced Contingency •Option 3 ‐Conceptual Floorplan Metal Building •Option 4 ‐Conceptual Floorplan Masonry Building Each option remains over budget currently, and each option offers advantages and challenges as compared to the other. As city leaders review the best path forward, it is important to review the options with the following points: 1. Option 2 only include 5% contingency, and assumes value engineering opportunities and bid day opportunities. 2. Options 3 & 4 include 17% contingency. 3. Options 3 & 4 include AE fees at 10%. Through the research process, architects quoted fees from 8–12percent. 4. Options 3 & 4 are planned in a building block format. This could allow the cities to: 1. Reduce the program square footage and use the existing shelter until additional budget is available. 2. Bid the documents with some of the kennel rooms or wings as add alternates to maximize budget. Page 87 of 190 QUALIFICATIONS Page 88 of 190 QUALIFICATIONS Strategic Construction Management, Inc. has been building a reputation of excellence and success across the west coast since 2000. In 2010, the company expanded to serve the growing Pacific Northwest with an office in Pasco, Washington. Founded in Santa Cruz, California, a small seaside community just minutes from Silicon Valley, Strategic Construction Management, Inc. draws upon the energy and innovation that characterizes these two areas and leverages our time‐tested approach of forming strategic partnerships to offer a unique line of project development and construction management services. One element that separates us from our competitors is our ability to combine big‐company competency and expertise with small‐company responsiveness. Our expertise covers the full range of project development and construction services, allowing us to oversee a project from inception to occupancy. One of the keys to a successful long‐range capital plan and the individual projects that comprise it is to maximize the capital projects budget. Our experience and knowledge will be used to ensure that the Kennewick School District’s capital projects team develops the leadership skills to succeed long‐term—as our company has done—as well as keep current projects on track through the transition process. Our focus begins and ends with you—your expectations and objectives, budget considerations and deadlines—whether it’s a $1 million project or a $500 million program. We succeed through proactive communication, close collaboration, extraordinaryattentiontodetail,fieldproven techniques, and an unsurpassed work ethic. Page 89 of 190 Educational Facilities Kennewick School District Offices Kennewick School District Bond I Projects Sunset View Elementary School Cascade Elementary School Lincoln Elementary School Kennewick School District Bond II Projects East Gate Elementary School Chinook Middle School Desert Hills Middle School Government Agencies 9th Circuit Courts, Richland, WA City of Kennewick Drug Enforcement Agency (DEA), Richland, WA Port of Kennewick Port of Pasco Tri‐Cities Airport Transportation Security Agency (TSA) Federal Aviation Agency (FAA) Police & Fire Projects City of Kennewick Fire Department City of Santa Cruz City of Watsonville Scotts Valley Fire Department Private Industry Kadlec Clinic, Richland, WA TCRD Innovation Center, Richland, WA WA Urology Clinic, Richland, WA PROFESSIONAL REGISTRATIONS Certified Construction Manager, Construction Management Association of America LEED© Accredited Professional Licensed General Contractor California License No.: CA‐ 476212 Licensed General Contractor Nevada License No.: 017230 (inactive) EDUCATION Construction Management Certificate San Jose State University, San Jose, CA Adjunct Professor SJSU CA Construction Management Certification Curriculum David Robison will provide principal level support and will be responsible for overall program oversight and direction. He has more than 36 years of experience in the construction, construction management, and property development industry and has been involved in every phase of the process. His experience in program management, design‐build contracting, pre‐construction services, estimating, sequence scheduling, and strategic planning are an integral part of his firm’s services. Mr. Robison completed the rigorous qualification process and testing requirements necessary to be a Certified Construction Manager (CCM) as recognized by the Construction Management Association of America (CMAA). He is among only 1,700 individuals worldwide who have achieved this certification. Additionally, he is a LEED® Accredited Professional. Mr. Robison’s experience as a general contractor and construction manager (GC/CM) started in 1984, where as a Principal at Tec Con Construction, Inc., his firm managed and completed over $150 million of projects for some of the world’s largest firms in the San Francisco Bay area. In early 1997, Mr. Robison founded Strategic Construction Management, Inc., with the primary goal of specializing in projects that make a difference. To date, his firm has been involved in many different educational, religious, institutional, fire, school districts, airport and government agencies, and has become a trusted partner. RECENT RELEVANT PROJECT EXPERIENCEQUALIFICATIONS DAVID L. ROBISON, CCM, LEED AP PROJECT DIRECTOR, PRINCIPAL IN CHARGE Page 90 of 190 APPENDIX Page 91 of 190 MASTER BUDGET ELEMENT DESCRIPTION Page 92 of 190 59 MASTER BUDGET Overview After conceptual design, the master budget is the first step in the process. It is important to note that maintaining the master budget is a collaborative effort for each project that involves the architect, cost estimators, engineering teams, construction manager, and owner. The process begins with the master budget development and follows through with design management, pre‐ construction services, and ultimately, construction. Soft Costs The costs for planning, property preparation, design, permitting, builder’s risk insurance, and relevant testing—geotechnical, special inspections, commissioning, asbestos, lead—form the soft costs for a construction project. For the purposes of this budget, please note the following sources: •A/E Design & Construction Services costs were estimated for each project by TCA based on their knowledge of the conceptual drawings and the City of Pasco Master Plan. •CM Services were estimated at 3% of the construction cost. •Permits & Fees were provided by the City of Pasco, and further explanation for the elements required for each station are detailed with the station narrative. •Geotech has been estimated at $2 per square foot. This is based on the average cost per square foot in the Tri‐Cities area for recent Geotech services on other projects. •HVAC Commisioning has been estimated by Testcomm for each project based on the conceptual plans. •Builders Risk Insurance estimates for one year of construction were provided by PayneWest—the City of Pasco’s insurance provider. •Special Inspections/Testing has been estimated by IMT for each project based on the conceptual plans. Subcontract Costs More commonly knows as construction costs, these costs incorporate sitework, demolition (where applicable), building construction, tenant improvements (where applicable), alternates, and allowances. Alternates are used during the value engineering process after the initial master budget is adopted to create add‐on opportunities based on the bids and available remaining budget. Allowances are tracked outside the construction cost as well because these constitute items where details have not yet been determined. For example, asbestos abatement might be included as an allowance in a budget prior to the asbestos survey completion. Page 93 of 190 60 MASTER BUDGET Contingency In a Master Budget, several forms of contingency are included, and as the project progresses, these are reduced as more detail develops for the project. Design/Estimating Contingency is set early in the design process while plans are still in a conceptual stage. As the design moves from schematic to design to construction documents, this contingency reduces accordingly.Estimated at 15% for each project and included in the construction costs. See Roen estimates in the appendix for details. Inflation/Market Escalation is critical in the current construction market. While market conditions are included in the new construction budget, this line item anticipates further challenges to the budget such as market changes, prevailing wage, tariff threats, natural disaster rebuilding from other areas of the country that adds pressure to resources, or CDL law changes driving this cost.Estimated at 5% for each project. Subcontract Bonds are a part of every project, and these are typically considered at 1% of the subcontract costs added to the design contingency and inflation. RiskContingencyaccountsfortheitemsthatare difficult to anticipate. These may include unforeseen conditions during construction/demolition, weather delays like the winter of 2016/2017, or other issues that arise during construction.Estimated at 2% for each newly constructed project. Construction Contingency accounts for all other circumstances that cannot be predicted at the early stages of a budget process.Estimated at 5% for each project. WSST Washington State sales tax is included in the budget process to cover all areas of construction. FFE Furniture, fixtures and equipment accounts for items typically procured outside the construction bidding process. Based on the entities requirements, these may be acquired by RFP, direct purchase, or other processes. Other Other line items cover items custom to a specific project. For example, the land exchange credit for Fire Station #83 is incorporated into the Other line item. Page 94 of 190 Site Considerations Animal Shelter Following are excepts from City of Pasco reports detailing existing utility locations as well as WAVE Architects site plan to verify the conceptual plan can be accommodated on the site with right of ways and existing utilities. Page 95 of 190 Page 96 of 190 Page 97 of 190 /SL/SL/SL/SL/SL/SL/SL/SL/SL/SL/SL/SLPTWWE A STN 4TH AVEW COURT STW A STR O A D 6 8 W SYLVESTER STSANDIFUR PKWYW LEWIS STN R A I L R O A D A V E ROAD 44E FOSTER WELLS RDROAD 48ROAD 84ROAD 56BURDEN BLVDWERNETT RDROAD 60HARRIS RDN 20TH AVEROAD 64ROAD 36DENT RDROAD 96W ARGENT RDE LEWIS STN 14TH AVEROAD 52ROAD 72ROAD 76E AINSWORTH AVEW CLARK STN CAPITOL AVEE CRANE STN C O M M E R C I A L AV E ROAD 88N 24TH AVEPASCO KAHLOTUS RDROAD 100E DOCK STW B STW HENRY STROAD 34ALDERSO N RDW BONNEVILLE STN 18TH AVEN 19TH AVEN OR E G ON A V E W PEARL STN 22ND AVEE LEWIS PLCOURT ST WARGENT RDW ELLA STN ELM AVEE WAREHOUSE STDIETRICH RDCHAPEL HILL BLVDN 1 S T A V E WRIGLEY DRS O R E G O N A V E G L A D E N O R TH R D SACAJAWEA PARK RDE B CIRCR O A D 6 8 N BROADMOOR BLVDPIMLICO DRN 3 R D A V E POWERLINE RDS W A L L O W A V E LAREDO DRSINAI DRS 10TH AVES T E A R M A N A V E CONVENTION DRKOHLER RDE BROADWAY STROAD 32N OWEN AVEROAD 90SAHARA DRDRADIE STROAD 80S 4 T H A V EINDUSTRIAL W A Y S ROAD 40 EROBERT WAYNE DRPEARL STS 5TH AVES ELM AVESHORELINE RDST THOMAS DRE B STROAD 30N WEHE AVEN 28TH AVEWELSH DROLIVER DRFENWAY DRYUMA DRDESERT PLATEAU DRW WERNETT RDN CEDAR AVEM E SSARA LNROAD 54RICHARDSON RDW SHOSHONE STARGENT PLE KARTCHNER STBLASDEL RDN 26TH AVEROAD 42ROAD 57MASSEY DRROBERTA RDVALDEZ LNGALWAY LNFLORES LNW AINSWORTH AVEROAD 108W ILLO W W AYS WEHE AVECAPITOL AVESIROCCO DRKAU TRAIL RDMIDLAND LNSALEM DRB STOVERTON RDS CEDAR AVEFOSTER WELLS RDOCHOCO LNARTESIA DRMIA LNROAD 67KING AVEHUDSON D R M O L INE LNLINCOLN DRROAD 36 NSEVILLE DRARTHUR LNMAPLE DRN R A IN I E R AVE E SUPERIOR STMEADOW VIEW DRTHREE RIVERS DRIV Y L NE HIGHLAND STIR IS LN S OWEN AVEROAD 104MELODY LNE SALT LAKE STE JAMES STOAK LNH E R IT A G E BLVD 5TH ST7TH STN 5TH AVEVALENCIA DRCHIAWANA PARK RDD STSUNSET LNTRUMAN LNS MAITLAND AVEROAD 39W RIVER STN HUGO AVEC O M M ERCIAL AVEROAD 92N 13TH AVEROAD 62ESTRELLA DRS 28TH AVEROAD 50SANTA FE LNM A D R O N A A V E PERCHERON DRW PARK STJEFFERSON DRS F R O N T A V EW JAN STS 4TH L N S E D ONA D R DESERET DRSE ROAD 18E HILLSBORO RDHAYDEN LNHOMERUN RDBAKER STW NIXON STRICKY RDROAD 97CRESCENT RDNASH DRW BELL STBURLINGTON STROAD 37PORTO LNBILBAO DRW OPAL STSTUTZ DRE CLARK STSNOQUALMIE DRMATIA LNN 16TH AVEN 10TH AVES 25TH AVE62ND PLCLEMENTE LN2ND STSUNSET TRLSUN WILLOWS BLVDW AGATE STW IRVING STTANK FARM RDS HUGO AVEWHIPPLE DRW RUBY STFRANKLIN RDMELVILLE RDW MARGARET STCHARDONNAY DRLA SALLE DRW BROWN STBOISE DRROAD 45FRONTAGE RDN 12TH AVEANTIGUA DRE ADAMS STROAD 40MARIE STLIVINGSTON RDN 21ST AVES 18TH AVES A LMON DRMARINER LN N 15TH AVEW JAY S T N 23RD AVES GRAY AVEROAD 46PRAIRIE LNCONVENTION PLE ALVINA STW MARIE STSYRAH DRROAD 77ROAD 61CLARA STLO CU ST LN S E R E N A L N ANACONDA AVEDIAMOND DRT R AV E L P L A Z A W AY STUDEBAKER DRN 7TH AVEW OCTAVE STQUAIL RUN RDT E R M IN A L D R VALLEY VIEW PLKOUFAX LNHORIZON RIDGE STAGATE STDENVER DRROAD 701ST STNOTTINGHAM DRPENDER DRROCKWELL STCASE LNSTERLING RDW YAKIMA ST65TH PLW PARK PLN PENNIE LNKENT LN66TH PLDESERT STW ARGENT RDROAD 60ROAD 76DRADIE STDRADIE STPEARL STW ELLA STW PARK STW OCTAVE STW MARIE STROAD 40ROAD 42ARGENT RDROAD 68ROAD 52S 4TH AVEN 22ND AVEW BROWN STDRADIE STRICHARDSON RDROAD 80W NIXON STW OCTAVE STN 5TH AV EW JAN STARGENT RDN 26TH AVEROAD 36W MARIE STW ARGENT RDW PEARL STW IRVING STROAD 92ROAD 76CHAPEL HILL BLVDN RAINIER AVEAirportMaitlandPearl St.Navy BaseRivershorePennie Ave.Capitol Ave.Three RiversRoad 84 & Argent9th & WashingtonRoad 36 & BurdenCommercial/KahlotusI-182tu12tu395 tu395LegendPTWWWastewater Treatment Plant/SLLift StationGravity Pipe8" or less10" to 12"14" to 18"20" to 24"26" to 36"Force MainCity LimitParcelRiverComprehensive Sewer PlanFigure 1-2Wastewater Facilities11-1261February 20130 4,0002,000 FeetI:\BOI_Projects\11\1261\GIS\MXD\MXD_Updated Figures\Fig1-2_Facilities.mxd 1/21/2014 12:06:38 PM CDZColumbia RiverSnake River©Page 98 of 190 VANA-101SCALE:NORTH1"=20'CONCEPTUAL SITE PLANNOTES:SITE PLAN LEGEND:THIS DESIGN IS THE PROPERTY OF WAVEDESIGN GROUP INC. c 2020. REPRODUCTION INPART OR WHOLE, WITHOUT THE EXPRESSWRITTEN CONSENT OF WAVE DESIGN GROUP,INC. WILL RESULT IN PROSECUTION TO THEFULLEST EXTENT OF THE LAW.ANY AND ALL CHANGES, REVISIONS,CLARIFICATIONS, ETC. TO THESE DOCUMENTS, INANY WAY, WILL BE PROVIDED BY WAVE DESIGNGROUP, INC. THE DRAWINGS CONTAINEDHEREIN, ARE THE SOLE PROPERTY ANDRESPONSIBILITY OF WAVE DESIGN GROUP, INC.SHEET NO. :DATE:BY:CHKD:JOB #:CLNT:1:2:3:REV. #BY DATEFOR REVIEW April 27, 2020 - 08:52 AM20-024HPHU4-23-20CITY OF PASCOHUMANE SOCIETY1312 S. 18th AVENUEPASCO, WA 99301 KEYED NOTES:Page 99 of 190 Shelter Floor Plans with Pros and Cons Page 100 of 190 67 SCRAPS SCRAPS—Spokane County Regional Animal Protective Service—provides similar services for the Spokane region as does the Tri‐Cities Animal Shelter. The Executive Director, Lindsey Soffes, assisted the team in a review of the current facility as well as opportunities for improvement. Pros •Two floors – upstairs is administrative only. •Shelter divided into “pods” which helps noise dissipate. •Ability through pods to separate large dogs from small dogs which is an ideal situation for adoptability and animal health. •Large facility with hydraulic lift for supplies (facility is a former motorcycle dealership). Cons •Better flow plan needed to minimize contamination to healthy pets—herd health. •Need separate isolation kennels for cats and dogs. This should be incorporated into the initial design. •Need ringworm quarantine. •Need additional natural light. Comments/Notes •Dogs Playing for Life is an ideal solution to add enrichment and kennel cleaning amid limited staffing. •Kennels need to be sealed at the floor for cleaning and to limit cross‐contamination. •Private kenneling for court holds could result in complications with evidence, extensive daily cost of care for lengthy holds. •Animal receiving (public brings in animals) and control need to be on the same side of the facility as the exam area to minimize length of trip from intake. •Exam room for dogs and cats should be separate. •Euthanasia room should be quiet and comfortable. Page 101 of 190 @.9(@(0.G2DG2DO(:2:.O(@.OED1(:(B2(O4.+D@2+(4 J.:D.@@..I.@(:2:.OB<4(D2<: :29(4O2D+1.:.-O <<9O(:2:.O 00@.BB2F.!.DO42:2+ (:2:.OG(9O @<<9L(DOG(9O !<4 D<@(0.O4<B.D2/D"(B1O(HO <- 2:0W<@9O <-.1(F2<@O .9><@(@H 1.4D.@OOOOOOOO .02<:(4OOOOOOOOOO<4-2:0 1.5D.@ .+1O //2+.O .B+E.<BD.@(DO . O >BO 0@OOOO2@.+D<@OOOOOOOOOOOOOOO 9>4<H..OOOOOOOOOOOO<<@-OMO@.(3 <<9 .BD .BDO<BD.@ !=5O<+3"=9.;CO .BD@<<9&AO.:BO <-(DO(@.,.:D.@O //2+.(DO .DO.DON +? +? O.DO +?(DO <<9@..O <(9 <**HO O <- 9(44O-<0 .D(25 //2+. >B .+.>D2<:(E:-@H(DO1E(@ 7G2DGD2:0E2B1.@B9.@0.:+HOG2DO <ED. :29(4O .+.2F2:0G2D2@.O 4(@9O<G2@BDO 2-(DO <:/.@.:+.O <<9O O D)@O7G2D<99E:2DHO <<9G2D:/<@9(D2<:<:(D2<:BPage 102 of 190 69 BENTON FRANKLIN HUMANE SOCIETY The Benton Franklin Humane Society facility is located in Kennewick, and BFHS advocates for the humane treatment of animals through adoption counseling, educational outreach and community services. The Executive Director—Autumn White—offers extensive experience with shelters. Pros •Through windows and skylights a significant amount of natural light is available in the facility. Cons •The shelter is loud. •Dogs can see each other through facing kennels with glass fronts. •No location for dogs to “hide”. •Staff safety in removing animals from kennels is an issue. This could be solved with a guillotine. •Better flow plan needed to minimize contamination to healthy pets—herd health. •Built for people not animals. Comments/Notes •Play fields should not be grass due to contamination issues. Bark is a better solution. •No indoor/outdoor kennel is required/needed. Weather is an issue. •Ventilation is key. •Capacity for Care: •9 staff – matrix in ASV guidelines – 15 minutes per animal for just cleaning and feeding •Enrichment is beyond that time. Page 103 of 190 Page 104 of 190 71 OREGON HUMANE SOCIETY Pros •In floor locations throughout the facility to place pet waste. •Hoses extend from ceiling to allow ease of cleaning and include function for distributing cleaning solutions (similar to self‐car wash functionality). •Animals do not face each other in kennel situations. Page 105 of 190 Page 106 of 190 Page 107 of 190 KENNELS Following are examples and resources from Mason and Shor‐Line Kennels used in developing the conceptual design. Page 108 of 190 CAT CONDOS49WARNING: This product can expose you to chemicals including chromium, which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov shor-line.com NEW! STAINLESS STEEL CAT SUITE Looking for the space of a Laminate Condo Suite in durable Stainless Steel? This Suite is for you. The Double Unit Stainless Steel Cat Suite provides 18.7 square feet of living space, meeting the new industry standards for feline housing! (9.35 square feet for our Single Unit) Benefits: Field tested by felines and their caretakers! We developed this product with leading University thought leaders, reflecting the latest trends in animal housing. Stainless Steel construction provides the best surface for disinfection and an incredibly long service life. We’ve made this our quietest cage, designed to relieve the stress of the occupant, thus leading to a healthier and safer habitat. FELINE SERENITY SUITE 902.4830.22 200 lbs. 902.3630.20 190 lbs. 902.0103.24 440 lbs. 902.0000.51 902.0000.52 902.0000.53 Single Unit, Main space 48”W Single Unit, Main space 36”W Double Unit with Mobile Platform 3½' Unit, Main Space 24"W 4' Unit, Main Space 30"W 5' Unit, Main Space 42"W The Feline Serenity Suite offers the low stress features of our Feline Comfort Suites in a Stainless Steel housing. The Tri Door has grill at the top and bottom for ventilation and a polycarbonate band at pet eye level for a clear view. The quiet closing latch provides a near silent close. The large (18”W) litter area is full cage height to allow proper elimination posturing, which reduces boarding stress. The grill on top gives ventilation and a polycarbonate bottom area offers a clip for records. Premium features abound, including tight spacing at the latch to protect paws, rounded corners for easy cleaning and a Kat Portal to allow the pet to pass between litter and main units. Popular options include the Kat Kave that provides both lounging and hiding options and the Privacy Quiet Time Cover to reduce stress in post op or shy felines. Standard main units are 24”W, 30”W or 42”W with an 18”W litter attached at left or right side. Tri Doors are standard but Tri Door with Viewing Dome or Polycarbonate doors are optional. All units are 28¼”D. Features: • Patented Hinge Design: US Patent #7,805,808 • Stainless Steel door design features tight spacing near the latch, which discourages paw entrapment. • Lockable door latch to prevent escapes. • Quiet Closing Latch eliminates noise and creates a stress free environment for patients. • You can remove integrated compartment divider for cleaning. • Grip allows you to open or close portals from the outside without opening cage doors or disturbing occupants. • Interior polymer resting shelf and other components are made of chemical resistant Polyethylene (PE). •Specs: 48”W x 30”H x 28¼”D or 36”W x 30”H x 28¼”D •Single Units: End and Top Panels are not included, but may be purchased separately. •Double Unit: End and Top Panels are included with purchase. •Optional Quiet Time Cover available. (See Page 53) Page 109 of 190 Page 110 of 190 The Kennel Room Layout Where will you move the dogs to clean? 6 1 Compartment2 Compartments Manually move dogs to clean runs But 1 is cheaper than 2 Offers cleaning advantages –don’t have to physically move the dogs Indoor/outdoor is a variation Page 111 of 190 Isolation Panels = Color Options 19 Looks Great & You Can Color Code Rooms Note where the dogs are… Still sell predominately neutral colors; Fear Free® colors are available Page 112 of 190 21 Side Panel Construction Laminate FRP, Wilsonart or stainless steel over a fluted plastic core Panel is screwed and sealed into an extrusionPage 113 of 190 22 Put FRP, Wilsonart on public side and stainless steel on dog side Great idea for gates!Page 114 of 190 Integrating Kennels and Floors 1 Greg Taylor, CEO, Mason Company & Jeff Adney, President, PermaTek Coatings February 21, 2019 www.MasonCo.com www.PermatekCoatings.com Page 115 of 190 Sealed Concrete •Most inexpensive way of “finishing” floor •Varying levels of sealers •Cheaper sealers eliminates dusting for a short period of time and offer no other protection to concrete •More expensive sealers may offer some protection, but will need to be continually reapplied •Not chemical resistant •Does not address control joints, expansion joints, cracks, or imperfections •Typically solvent based “will have an odor!!!” •No sealed floor to wall junction •If sealed concrete is used, make sure customer completely understands the maintenance schedule 13Page 116 of 190 Resinous Coatings •One of the most popular flooring solutions for Animal Care – Decorative, functional and cost effective •Most versatile of all flooring options •Texture can be adjusted on demand –provides slip resistance coupled with easy clean-ability •Economies of scale can be realized •Completely non porous –No Seams •Little maintenance upkeep; No waxing required •Complete seamless floor to wall junction can be achieved •Long-term durability 21Page 117 of 190 Resinous Coatings 26Page 118 of 190 Coving and Kennels •Typically in Kennel applications a 2” cant style cove is recommended. •Coating can stop at the top of the 2” cove or continue up to top of first block or continue and stop anywhere up the wall. •Cant cove is preferred cove style when floor and wall coatings are combined. 29Page 119 of 190 Coving and Kennels •A 4” –6” rolled radius cove will typically be installed along walls where animals are not housed. 30Page 120 of 190 A lot easier to slope two ways (or one way) Trench drains can come with automatic slope; these are great for new construction The ease of sloping one way is a big reason a rear trench drain is often used The Ease of Sloping Trench Drains 57Page 121 of 190 DOGS PLAY FOR LIFE PROGRAM This program model was used for play yard estimates. Page 122 of 190 © Josh Feeney/Safe Humane Chicago DOGS LIVE T O P L A Y .N O W L E T T H E M P L AY TO LIVE! Page 123 of 190 Revised 11/10/14 (AS) PLAY YARD RECOMMENDATIONS Construction Location • General Considerations: o Shade opportunities o Inclement weather prohibiting use o Water run-‐off creating flooding o Access to a water source for play pools, hose for safety o Ability for potential adopters to observe o Create the largest play yards possible for maximum efficiency and play opportunities • Considerations for kenneled dogs: o Construct play yards out of sight of kennels o Create visual barriers when necessary Play Yard Design • Create connected play yards to: o facilitate efficiency in working with multiple play styles and personalities simultaneously when closing gates and separating yards o open up for a larger play space for multiple dogs to play freely when appropriate • Ground Covering Options: o SYNLawn Artificial Grass (http://www.synlawn.com/)-‐ Artificial grass can get very hot in the sun so it is vital that shade be provided with this type of ground covering o 3/8th inch Pea Gravel-‐ in our experience this size seems the most comfortable for dogs’ paws while being easy to maintain o If your yard is grass and has become muddy, we recommend laying hay to absorb moisture and to prevent dogs or people from slipping in the mud • Entrances: o Each yard should have its’ own entrance to facilitate dogs entering an appropriate group without having to migrate through less suitable dogs o Entrances should be free and clear of any visual barriers so that the play group handlers can observe interactions o Entrances should be free and clear of any debris or obstacles that could be a tripping hazard to the handlers managing excited dogs o Each entrance should have a Catch Pen Safety Area (see below) • Catch Pen Safety Areas: o At each entrance to prevent dogs from escaping when entering and/or exiting o allow runners to unleash the dogs safely prior to entrance when appropriate o utilized as an enclosure to hold dogs in an emergency • Gates: o swing freely in both directions for the handlers to be able to control the space for the dogs to enter most effectively and safely o hinged closest to a connecting wall to create more free and open space for the dogs to enter (as opposed to being pinned against the wall upon entrance). • Latches: o quick and easy to operate with one hand o Classic U-‐style latches work well: Page 124 of 190 AGENDA REPORT FOR: City Council October 21, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/26/20 FROM: Ken Roske, Police Chief Police Department SUBJECT: Introduce Ordinance - Parking Code Updates under Section 10.65.030 of the Pasco Municipal Code I. REFERENCE(S): Proposed Ordinance - Amending PMC Section 10.65.030, Extended Unauthorized Parking Prohibited II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In 2016, the City Council adopted changes to its parking regulations to address the occurrence of vehicles being stored within the right-of-way for long periods of time and to begin regulating long-term parking issues within neighborhoods throughout the City. Police and Code Enforcement staff have been enforcing these regulations over the past four years. A presentation to Council took place earlier this year to inform Council of the effectiveness of the current code and to discuss possible modifications to improve the effectiveness of the program. As background, potentially unauthorized vehicles (i.e. “abandoned vehicles” or a vehicles parked for extended periods of time) are brought to the Police Department’s attention in one of three ways: 1. A citizen complaint via online reporting (TrakIt software). 2. An officer is dispatched to an area based on a call into dispatch. 3. An officer observes a vehicle matching the criteria while on patrol Page 125 of 190 Under the current ordinance the time from identification/confirmation of an law higher provided removal, enforcement its to vehicle unauthorized ultimate priorities do not detract resources from the task, is forty-seven (47) days and includes the following steps: 1. A complaint is received and the officer confirms that the vehicle matches the unauthorized vehicle criteria. The vehicle is tagged with a yellow “Warning Notice” for fourteen (14) days and the wheel positions are chalked on the roadway. 2. The officer returns after fourteen (14) days and if the vehicle has not moved a Parking Citation is issued. This vehicle is now allowed to stay in its current position for an additional thirty (30) days. 3. The officer returns for a third time and if the vehicle still has not moved, it is tagged with a red 72-Hour Police Tow Warning. 4. After the 72 hours has passed from the issuance of the tow warning, the officer will return for a fourth time and if the vehicle is still not moved, the vehicle can then be towed during regular business hours. While the current ordinance was an improvement from prior regulations, the time provisions and ambiguous language in certain areas have been identified by the work- group as the major impediment to effective enforcement of unauthorized vehicles in residential neighborhoods. V. DISCUSSION: The 2016 Pasco Municipal Code (PMC) update improved the process for addressing abandoned vehicles or vehicles parked in the right of way for long periods of time, experience has demonstrated that current regulations still require an exorbitant amount of valuable time and effort from a law enforcement officer. Current regulations continue a commercial or residential within to to nuisance a allow remain neighborhood for several weeks unabated, which is disruptive to nearby residents and businesses and in some instances, could cause a traffic or public safety hazard. Additionally, over the past two years staff has seen a rise in unauthorized vehicles on the residential streets. Staff tasked tenforcing with lengthy an which by process the PMC he view unauthorized vehicle may be removed as an impediment to the Council’s intent of ridding City streets of unauthorized vehicles. There have been numerous complaints by residents frustrated with the leniency provided by the current language in terms of corrective action, timeframes, and the ease of which some are working around the parking regulations. A multi-worktechnical disciplined -Police the from of staff group comprised Department, Code Enforcement Division and the City Attorney's Office were tasked with statewide evaluating the current regulations, impediments, reviewing best Page 126 of 190 practices workThe court applicable and rulings. -then group developed recommendations to improve effectiveness, clarity and implementation guidelines for Council review and guidance. Not surprisingly, the work-group identified the length of time required to declare a vehicle a public nuisance as the primary issue in addressing the presence of an unauthorized vehicle. Another hurdle identified is the lack of a definition on how far a vehicle must move in order to qualify for a new time period to be started. The Police Department has found that vehicles are being moved slightly; as little as six (6) inches, and because the definition fortythe missing, is -cycle is Staff again. day begins seven (47) recommending that this issue be resolved by amending PMC subsection 10.65.030(8) to require that the vehicle must be moved a minimum of twenty (20) feet for a duration of forty-eight (48) hours from where the violation occurred. When evaluating the current code, the work-group reviewed parking laws of other municipalities as well as current rulings by the Washington State Supreme Court. The proposed changes to the code are an effort to maintain a quality of life and safety for those who reside in and visit the City of Pasco. The proposed ordinance more appropriately defines unauthorized vehicles that remain on the City ofefforts enforcement the as timeliness well as streets to Police the Department and Code Enforcement Division personnel. The proposed ordinance accomplishes the following: 1. Shortens the overall time of handling abandoned and derelict vehicles in response to Council and citizen concerns. 2. Requires officers to observe the violation in person, not solely by a complaint. 3. Provides direction definitions and clears up ambiguous language. 4. Requires officers to make a reasonable attempt to contact the registered owner before removing a vehicle solely on the basis of it being abandoned. 5. Creates three definitions of vehicles. • "Abandoned vehicle" means any junk vehicle or hulk left within the right-or- way of any public street, highway, alley or way open to the public for a period of twenty-four hours. • "Automobile hulk" or "hulk" or "junk vehicle" means a motor vehicle or remnant or remains thereof which is apparently inoperable and is extensively damaged or missing vital parts or mechanisms. • "Unauthorized vehicle" means a vehicle that is subject to impoundment at the direction of the City after being left unattended in one of the following locations for the indicated period of time: (a) Constituting a traffic hazard (see RCW 46.55.113). Subject to removal immediately. (b) Abandoned and tagged (see RCW 46.55.085). Subject to removal: Page 127 of 190 seventy-two (72) hours after attachment of tag. (c) Vehicles in violation of subsection 4. Subject to removal: seventy-two (72) hours after attachment of tag. Staff first brought this forward for discussion and direction from Council at the February 10, 2020 Workshop and are bringing it back for further review with Council. Page 128 of 190 Ordinance Amending PMC 10.65.030 - 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 10.65.030 “EXTENDED UNAUTHORIZED PARKING PROHIBITED” WHEREAS, concern for health, safety and aesthetics surrounding abandoned and unauthorized vehicles on City streets has increased in recent years; and WHEREAS, the current municipal code provisions serve as an impediment to the ability of City staff to timely address the presence of such vehicles within the City rights-of-way; and WHEREAS, the aforementioned lack of ability to timely enforce current Code provisions allows for compromised safety, health, and aesthetics of neighborhoods where such vehicles are being left within the City rights-of-way, and are a continuing source of frustration to the Pasco community at-large. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 10.65.030, entitled “Extended unauthorized parking prohibited” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 10.65.30 Extended unauthorized parking prohibited. (1) Statement of Purpose. In an effort to maintain a quality of life and safety for those residing in and visiting the City of Pasco, residents shall make every effort to park within the property boundaries of their residence, and/or owned property. (2) Definitions for the purpose of this chapter: “Abandoned vehicle” means any hulk, junk vehicle, or automobile hulk left within the right-of- way of any public street, highway, alley or way open to the public for a period of twenty-four hours. Indicators of an abandoned vehicle may be, but not limited to: (a) Debris or wind-blown accumulations under or around vehicle suggesting it has not been moved recently. (b) Inoperable as indicated by: flat tires, missing vehicle body parts, leaking fluids, broken windows or weeds growing around the vehicle, or other indicators. “Automobile hulk” or “hulk” or “junk vehicle” means a remnant or remains there of which is apparently inoperable and is extensively damaged or missing vital parts or mechanisms. Page 129 of 190 Ordinance Amending PMC 10.65.030 - 2 “Unauthorized vehicle” means any vehicle left within the right-of-way of any public street, highway, alley or way open to the public under one of the following scenarios: (a) For a period of 14 days. Subject to removal: seventy-two (72) hours after attachment of tag. (b) Constituting a traffic hazard (see RCW 46.55.113). Subject to removal: Immediately. (c) Abandoned and tagged (see RCW 46.55.085). Subject to removal: seventy-two (72) hours after attachment of tag. “Vehicle” means any motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle or boat or vessel (trailered or non-trailered), whether licensed or unlicensed, or motorized or non-motorized, unless otherwise defined. (3) The provisions in this Code grant the Pasco Police Department and its Officers, the authority to tow unauthorized vehicles, as defined in this section, on public property and/or public roadways for criteria contained herein. (14) No person shall park a vehicle on any street or other municipal property for a period longer than 14 days, unless an official posted sign provides a shorter period of time, or otherwise provided by law, or allow an abandoned vehicle to remain on a street or other municipal property for a period longer than 24 hours, without said vehicle relocating in conformance with subsection (8) of this section. This timeline begins when an Officer observes the vehicle in person. (25) Authorized vehicles on municipal property are excluded from the provisions of this section, as are vehicles displaying valid proof of payment when parked in spaces controlled by a parking payment device. (36) Penalties. Any vehicle found to be in violation of this section is declared to be a public nuisance, and shall be subject to a class 1 civil penalty as set by PMC 10.20.080. Any vehicle cited under this section two or more times in any 180-day period or that remains in violation of this section 30 or more days seventy-two (72) hours or more after citation and a tow notice is affixed in a conspicuous place, may be impounded if no operator is present who will immediately comply with this section. (47) Notice to Owner. A law enforcement officer discovering a previously cited and unauthorized vehicle as described in subsection (42(a) and (c)) of this section left within a street right-of-way or other municipal property, shall attach to the vehicle a readily visible notification, clearly labeled as an “Impound or Tow Notice”. The notification shall contain the following information: (a) The date and time the notification was attached; Page 130 of 190 Ordinance Amending PMC 10.65.030 - 3 (b) The identity of the officer; (c) A statement that if the vehicle is not removed within seventy-two (72) hours from the time the notification is attached, the vehicle may be taken into custody and stored at the owner’s expense; (d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the vehicle may be declared an abandoned vehicle and sold according to the terms of RCW 46.55.130; (e) The address and telephone number where additional information may be obtained. (58) Relocation of a vehicle for purposes of avoiding impound or citation is prohibited unless the vehicle is Vehicles must be relocated a minimum of twenty (20) feet for a minimum duration of forty-eight (48) hours from the location where the vehicle was noticed or the citation issued. (9) It should be the general procedure that prior to removing a vehicle for the sole reason of being an unauthorized vehicle, an Officer will attempt to contact the registered owner using reasonable means. (610) Unauthorized storage of personal effects, in conjunction with use of a vehicle or not, on any public street or municipal property is prohibited. (11) Nothing in this section prohibits an Officer from immediately towing a vehicle under authority granted to them by the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC). [Ord. 4295, 2016; Ord. 4282, 2016; Code 1970 § 10.52.035.] Section 2. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2020. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: ______________________________ __________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _____________________ Page 131 of 190 AGENDA REPORT FOR: City Council October 20, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/26/20 FROM: Richa Sigdel, Finance Director Finance SUBJECT: 2019-2020 Financial Update I. REFERENCE(S): Financial Fund Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: None III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: To further transparency, provide assurance of budget compliance and for informational purposes, the Council is provided monthly financial updates on the City's most critical and prominent fund - the General Fund and quarterly reports on the major funds. Due to the COVID-19 related disruption, this report was purposely delayed by a month in order to collect additional data reflecting the early financial impacts of the pandemic through September 2020. V. DISCUSSION: As of the end of September 2020, 87% of the 2019-2020 Biennial Budget period is complete. The General Fund is the largest fund within the City's portfolio. This fund receives major revenue, such as property tax, sales tax, and utility tax. Police, Fire, and Parks services to the community are funded out of the General Fund. It also funds administrative functions such as the City Manager's office, Human Resources, Finance, Information Systems, Facilities, etc. In the 2019-2020 Budget, over 59% of the planned Page 132 of 190 expenses are personnel-related costs and are generally expended in a linear trend, with the exception of overtime for the Fire and Police Departments and seasonal parks employees. Over $20M of the budget is capital outlay, related primarily to the construction of two new fire stations. The capital expense schedule is dependent on the progression of the projects. Similarly, each of the funds has its own unique expenditure trends. Staff monitors current expenses in each fund to detect any anomalies and address issues early in the process. The report attached highlights some of the major operating funds in the City's portfolio with indicators tied to the time elapsed (87%). All major funds and any funds with outstanding issues are included in this report. The City's finances performed exceptionally well in 2019. Revenue from sales, utility and gaming taxes, permits, and licensing outperformed expectations. Similarly, the increase in expenses was not as high compared to 2018. Slower than anticipated growth in actual costs between the two years is primarily due to the City's first biennial budget and staff cautiousness in expending funds in the first year of the biennium. Furthermore, due to the timing of Fire Station bids and bonds issuance, the City did not incur the debt service as was anticipated at the time the budget was finalized and adopted in 2018. As a result, the City increased its fund balance in the General Fund by more than $4M in 2019. For several years the Council has been diligently building reserves in the General Fund and other key funds to ensure the City's ability to survive economic downturn without reducing services, but also to fund important projects like the police station, relocation of the fire stations, and a community center. This financial strategy and prudence have resulted in healthy fund balances across most of the City's funds. However, cash reserves can be spent very quickly and require considerable financial discipline and time to replenish. Considering the impacts of the COVID-19 pandemic, and the benefit of CARES funds to fund unanticipated COVID-19 expenses, the City's financial outlook is relatively good for 2020 and if current economic factors remain unchanged, 2021-2022 biennium can be managed with minimal disruption to City services. It is worth noting that while it appears that unplanned COVID-19 related organizational activities will be substantially, and in some cases entirely, be funded by CARES funds, some regular activities were not accomplished. Had the CARES funds not been available to supplement staff activities dedicated to pandemic response, the budgetary impacts of the COVID-19 pandemic and mitigation measure would have been more significant. Furthermore, greater flexibility in reimbursement criteria from the granting agency has meant that the City can get reimbursed for almost all of the $3.3M allocated. This will serve the City well by allowing for preservation of reserves to continue combating COVID-19 well past the grant expenditure deadline of December 15th. The status report attached includes staff commentary on the status of all major funds. The PowerPoint presentation will guide the reader to the funds most impacted by COVID-19 and a discussion on future policy decisions that staff foresees Council will Page 133 of 190 need to formally consider as part of the supplemental budget. Page 134 of 190 FundData as of: 9/30/2020Elapsed Time: 87% Biennial Budget YTD % Spent Projected Over/(Under) Budget Biennial Budget YTD % Spent Projected Over/(Under) Budget CommentsGeneral 126,657,185$ 112,264,342$ 89% 132,767,943$ 6,110,758$ 105,396,026$ 84,117,836$ 80% 111,365,784$ 5,969,758$ Loss of revenue on sales, gaming, and School Resource Officers revenue is expected to be offset by healthy sales tax revenue. $3.3M in revenue is received to combat COVID-19 CARES, and funds will be expended by November 15th. Increase in revenue is related to change in accounting standard that is a net impact as the taxes are transferred to other funds as an expense. The federal emergency sick leave mandate, might increase expenses depending the COVID-19 pandemic in the community. The projected estimate assumes that all of $3.3M in Local CARES will be used by the City by end of the year or carried over to first quarter of 2021. Street fund might require substantial subsidy (see below). Subsidy estimates are not included in the projection. Keeping the capital budget as is but any unspent funds will be carried over as per accounting standards.Project Expense Breakout20,068,797$ 6,116,780$ 30% 20,068,797$ -$ Street 5,708,306$ 3,712,002$ 65% 4,800,000$ (908,306)$ 5,553,218$ 4,235,174$ 76% 4,969,000$ (584,218)$ Reduced revenue in motor vehicle fuel taxes. COVID-19 reduced the crews ability to perform overlay work, reducing revenue further. Expenses are being managed to minimize impact but will need approx. $400K in subsidy from General Fund. Major snow event this year will increase required susidy.Arterial 1,097,694$ 857,366$ 78% 957,694$ (140,000)$ 1,440,636$ 863,379$ 60% 1,440,636$ -$ Motor Vehicle Fuel tax revenue will be lower than anticipated. Capital project expense scheduled and will be spent per project schedule. Ambulance 16,615,404$ 17,665,992$ 106% 19,165,992$ 2,550,588$ 17,433,017$ 15,361,523$ 88% 17,433,017$ -$ Actual revenue higher than estimated budget due to catch up of prior years GEMT eligible transports. Golf 3,718,000$ 2,997,032$ 81% 3,347,032$ (370,968)$ 3,667,382$ 3,136,898$ 86% 3,547,812$ (119,570)$ Actual revenue is less than estimated budget due to COVID-19 pandemic. Expenses were not possible to be reduced due to cost to maintain facilities.Lodging Tax (TPA) 650,500$ 441,508$ 68% 400,500$ (250,000)$ 650,500$ 417,038$ 64% 400,500$ (250,000)$ Tourism Promotion Assessment, a pass through to Visit Tri-Cities. HAPO - TRAC 556,000$ 423,664$ 76% 556,000$ -$ 553,344$ 311,524$ 56% 553,344$ -$ Subsidy might be required but not expected to exceed $200K. Fund balance can absorb 2020 and 2021 impact from COVID-19 impacts.Real Estate Excise Tax 4,860,000$ 5,004,743$ 103% 5,360,000$ 500,000$ 38,774$ 24,702$ 64% 38,774$ -$ Higher volume than expected in real estate transactions. Large portion of budget is capital projects.Capital Project Expense Breakout7,720,753$ 3,897,406$ 50% 7,720,753$ -$ Economic Development 2,743,200$ 4,070,906$ 148% 4,443,200$ 1,700,000$ 2,273,087$ 1,900,620$ 84% 2,273,087$ -$ Sale of land in 2020 for $1.3M, and higher than budgeted lease revenue.Stadium & Covention Center 2,388,600$ 2,354,214$ 99% 2,388,600$ -$ 371,222$ 68,649$ 18% 128,649$ (242,573)$ Expected to meet budgeted revenue and expenses.Capital Project Breakout2,000,000$ 954,157$ 48% 2,000,000$ -$ Hotel/Motel Excise Tax 1,251,000$ 897,548$ 72% 801,000$ (450,000)$ 1,212,244$ 1,007,875$ 83% 1,212,244$ -$ Pass through fund expected to be disbursed as needed. Allocation of 2020 funds was recommended by LTAC and approved by Council. Water 25,078,316$ 22,594,243$ 90% 26,776,643$ 1,698,327$ 22,861,520$ 23,360,568$ 102% 21,266,489$ (1,595,031)$ Higher than budgeted water sales revenue and interest income from interfund loans to other funds. Large portion of budget is capital projects, projects are scheduled. Expected to be on track, though some revenue is expected to be delayed due to COVID-19.Capital Project Expense Breakout5,239,454$ 1,704,631$ 33% 1,827,631$ (3,411,823)$ Irrigation 4,101,977$ 3,335,924$ 81% 3,868,319$ (233,658)$ 3,457,789$ 3,014,444$ 87% 3,524,569$ 66,780$ Expected to be on track, though some revenue is expected to be delayed due to COVID-19.Capital Project Expense Breakout839,000$ 160,766$ 19% 160,766$ (678,234)$ Revenue Expense Page 135 of 190 FundData as of: 9/30/2020Elapsed Time: 87% Biennial Budget YTD % Spent Projected Over/(Under) Budget Biennial Budget YTD % Spent Projected Over/(Under) Budget CommentsRevenue ExpenseSewer 35,025,585$ 20,569,490$ 59% 23,979,490$ (11,046,095)$ 16,668,235$ 13,581,471$ 81% 16,386,584$ (281,651)$ Reduction in revenue is related to previously planned debt service issuance that will be issued only when the funds are ready to expended immediately, this action has been delayed.Capital Project Expense Breakout13,786,000$ 6,123,471$ 44% 7,751,471$ (6,034,529)$ Process Water Reuse Facility 29,449,604$ 30,002,481$ 102% 33,110,388$ 3,660,784$ 7,661,494$ 6,674,129$ 87% 8,518,640$ 857,146$ Ongoing facility plan and discussion with partners will delay revenue and cost. Awaiting disbursement of grants from State and Federal government for Columbia East Lift Station and Force Main project.Capital Project Expense Breakout23,850,700$ 16,639,725$ 70% 17,664,725$ (6,185,975)$ Storm Water 4,132,809$ 3,645,125$ 88% 4,349,145$ 216,336$ 3,164,948$ 2,293,392$ 72% 2,566,400$ (598,548)$ Expected to be on track. Any significant delinquency related to payment of utility bills may affect cash flow.Capital Project Expense Breakout1,094,400$ 919,619$ 84% 919,619$ (174,781)$ Equipment Operations & Maintenance 3,486,227$ 1,979,249$ 57% 3,119,930 (366,297) 3,611,716$ 2,135,034$ 59% 3,299,922 (311,794) Expected to be on track between increased revenue and expenses.Equipment Replacement - Government 3,067,192$ 2,841,583$ 93% 3,208,861 141,669 1,416,132$ 712,982$ 50% 1,668,226 252,094 Expenses related to vehicle purchases higher in expense than budgeted as well as new positions approved during 2019 budget adjustment.Medical Insurance 13,046,124$ 12,487,738$ 96% 13,767,737 721,613 11,099,424$ 10,859,038$ 98% 11,959,038 859,614 Expected to be on track between increased revenue and expenses.Page 136 of 190 AGENDA REPORT FOR: City Council October 20, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/26/20 FROM: Steve Worley, Director Public Works SUBJECT: Introduce Resolutions - Wastewater Treatment Plant Sole Source Purchase I. REFERENCE(S): Resolution & Sole Source Worksheet - Instrumentation System components Resolution & Sole Source Worksheet - Blowers II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: City is authorized by RCW 39.04.280(1)(a) and RCW 39.04.280(1)(b) to waive competitive bidding of purchases from a sole source supplier and purchases involving special facilities. As background, sole source request worksheets have been prepared and included in this agenda packet. Throughout 2020, City staff and its consultant, Murraysmith, have worked on the design of the proposed upgrades to the City’s Municipal Wastewater Treatment Plant (WWTP). These upgrades were earlier identified in the WWTP facility plan (approved by Department of Ecology in 2019), and segregated into two phases to address the near- term capacity needs of the WWTP, to improve the efficiency of design execution, and to better accommodate Ecology’s loan funding application schedule associated with the first phase of work. These sole source requests are for equipment to be installed as part of the proposed Phase I upgrades to the City’s Municipal Wastewater Treatment Plant (WWTP). Phase I is focused primarily on secondary treatment improvements and in-land outfall piping Page 137 of 190 replacement. Replacement of the in-river outfall and diffusor will be part of a subsequent phase. In evaluating the future equipment needs of the WWTP, the design team considered the potential for efficiency, reliability, compatibility with existing systems and equipment, along with ease of operation and maintenance. When at all possible, a competitive bidding process is the preferred to sole sourcing of equipment. However, for some specific items, it was necessary to define in advance requirements of the equipment selected, as in this case the equipment itself will dictate associated infrastructure needs. V. DISCUSSION: The aforementioned analysis resulted in the recommendation for sole sourcing of blowers and instrumentation system components at the WWTP. 1. The proposed blowers are single-stage centrifugal turbo blowers that will be utilized to provide air to the Wastewater Treatment Plant aeration basins. Air is needed to provide oxygen for bacterial metabolism and treatment of the wastewater. The Wastewater Treatment Plant currently uses two blower units, which will remain in use. These units have provided excellent service in terms of same the Utilizing maintenance. of ease and reliability efficiency, manufacturer will allow ease of integration with the current system, eliminate the need for staff training on a new system, allow for interchangeability, lessen the need for spare parts inventory on a critical process component. 2. The instrumentation components consist of probes, sensors and controllers which are used to control equipment used in they operation of the WWTP. The selected integraitems provide instrumentation sensors, and ted networked probes and analyzers that provide for monitoring and control of the Wastewater Treatment Plant aeration basin process. The proposed instrumentation equipment is consistent with other standardized equipment at the WWTP. The benefits of this recommendation are similar to those above. The sole source requests presented to you are for: 1. Sulzer HST-30 Blowers a. Number of items – 2 Blowers with appurtenances b. Cost per Each – $225,000 approximately 2. Hach Instrumentation System components a. Number of items – 1 Package of multiple different components (including: SC-1000 Multi-Parameter Controller, SOLITAX - Turbidity and Suspended Solids Sensor, LDO – Dissolved Oxygen Probe, 3700 - SC Electrodeless Conductivity System, pHD - SC pH System, ANTAX Page 138 of 190 - SC Ammonium Analyzer, Hach - Probe Air blast Cleaning System, Hach – termination box assembly and Hach- Probe Cable Extension Cables. b. Cost for package – $277,000 for package, approximately. Staff recommends approval of the attached resolutions authorizing acquisition of Sulzer Blowers and Hach Instrumentation System components for upgrades to the City’s Wastewater Treatment Plant. Page 139 of 190 Resolution Waiving Competitive Bidding Requirements/ Approving Purchase of Instrumentation System Components from Hach - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND APPROVING THE PURCHASE OF INSTRUMENTATION SYSTEM COMPONENTS FROM HACH FOR THE MUNICIPAL WASTEWATER TREATMEMT PLANT. WHEREAS, it is critical for the City of Pasco to have proper instrumentation components to control other equipment at the Wastewater Treatment Plant (WWTP); and WHEREAS, the City has need to purchase a number of probes sensors an controllers and appurtenances as part of the Wastewater Treatment Plant (WWTP) improvements project; and WHEREAS, the City currently uses Hach Instrumentation as a part of its standardized system at the Municipal WWTP; and WHEREAS, the City has supporting infrastructure and equipment existing and proposed that is directly affected by the compatibility of the selected instrumentation components; and WHEREAS, the Council of the City of Pasco hereby determines that the paramount considerations in the acquisition of Hach Instrumentation is compatibility with existing equipment, inventory and integration systems; and WHEREAS, the design consultant for the project has identified the proposed improvements at the Municipal WWTP requires the purchase of Instrumentation System components as defined in Exhibit A; and WHEREAS, the design consultant for the project has recommended the installation of Hach Instrumentation system components; and WHEREAS, the use of Hach Instrumentation System components is clearly and legitimately limited to a single source of supply, as detailed in the Sole Source Worksheet, to support current operation standards, this purchase becomes subject to waiving competitive bidding requirements per RCW 35.23.352(9) competitive bidding requirements and RCW 39.04.280(1)(a) sole source and RCW 39.04.280 (1)(b) special market conditions; and WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source exemption the City Council must first adopt a resolution reciting the factual basis supporting the exemption; and WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as described herein and detailed in the Sole Source Worksheet does support application of the sole source exemption as pertaining to the purchase of hatch instrumentation System components (probes, sensors and controllers) for the WWTP. Page 140 of 190 Resolution Waiving Competitive Bidding Requirements/ Approving Purchase of Instrumentation System Components from Hach - 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. The City Council of Pasco hereby find the above-described circumstance is justification for the waiver of bidding requirements under the authority of RCW 35.23.352(9) and pursuant to sole source provider (RCW 39.04.280(1)(a)) and special facilities or market conditions (RCW 39.04.280(1)(b)) and, therefore, the bidding requirement is hereby waived for the purchase of hatch Instrumentation for the WWTP, as detailed in the Sole Source Worksheet, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Section 2. That the City of Pasco Public Works Department purchase of one (1) Package of multiple different components for an amount not to exceed the sum of $300,000. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco this ____ day of November 2020. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 141 of 190 Page 142 of 190 Page 143 of 190 Resolution Waiving Competitive Bidding Requirements/ Approving Purchase of Turbo Blowers from Sulzer - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND APPROVING THE PURCHASE OF SINGLE-STAGE CENTRIFUGAL TURBO BLOWERS FROM SULZER FOR THE MUNICIPAL WASTEWATER TREATMEMT PLANT. WHEREAS, it is critical for the City of Pasco to have proper equipment to provide air to the Wastewater Treatment Plant (WWTP) aeration basins for bacterial metabolism and treatment of the wastewater; and WHEREAS, the City has need to purchase two single-stage centrifugal turbo blowers and appurtenances as part of the Wastewater Treatment Plant (WWTP) improvements project; and WHEREAS, the City currently uses Sulzer Blowers as a part of its standardized system at the Municipal WWTP; and WHEREAS, the City has supporting infrastructure and equipment existing and proposed that is directly affected by the efficiency of the selected blowers; and WHEREAS, the Council of the City of Pasco hereby determines that the paramount considerations in the acquisition of Sulzer blowers is compatibility with existing equipment, inventory and integration systems; and WHEREAS, the design consultant for the project has identified the proposed improvements at the Municipal WWTP requires the purchase of two additional blowers; and WHEREAS, the design consultant for the project has recommended the installation of two Sulzer HST-30 single-stage centrifugal turbo blowers; and WHEREAS, the use of Sulzer HST-30 Blowers is clearly and legitimately limited to a single source of supply, as detailed in the Sole Source Worksheet, to support current operation standards, this purchase becomes subject to waiving competitive bidding requirements per RCW 35.23.352(9) competitive bidding requirements and RCW 39.04.280(1)(a) sole source and RCW 39.04.280 (1)(b) special market conditions; and WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source exemption the City Council must first adopt a resolution reciting the factual basis supporting the exemption; and WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as described herein and detailed in the Sole Source Worksheet does support application of the sole Page 144 of 190 Resolution Waiving Competitive Bidding Requirements/ Approving Purchase of Turbo Blowers from Sulzer - 2 source exemption as pertaining to the purchase of two Sulzer HST-30 single-stage centrifugal turbo blowers for the WWTP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. The City Council of Pasco hereby find the above-described circumstance is justification for the waiver of bidding requirements under the authority of RCW 35.23.352(9) and pursuant to sole source provider (RCW 39.04.280(1)(a)) and special facilities or market conditions (RCW 39.04.280(1)(b)) and, therefore, the bidding requirement is hereby waived for the purchase of Sulzer blowers for the WWTP, as detailed in the Sole Source Worksheet, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Section 2. That the City of Pasco Public Works Department purchase of two Sulzer Blowers for an amount not to exceed the sum of $500,000. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco this ____ day of November 2020. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 145 of 190 Page 146 of 190 Page 147 of 190 AGENDA REPORT FOR: City Council October 22, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 10/26/20 FROM: Steve Worley, Director Public Works SUBJECT: Communication Site License Agreement with AT&T (Water Tower) I. REFERENCE(S): Draft Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: AT&T to pay the City an initial payment of $3,000 then $2,500 per month thereafter with a 3% annual increase. Revenues received will go to the Irrigation fund. IV. HISTORY AND FACTS BRIEF: AT&T operates a communications network, and desires to utilize space on the Pasco’s irrigation water reservoir for the placement of communications-related equipment, inclusive of space on the ground for additional equipment. Installation requirements are subject to Public Works department approval to assure minimal impact to the structure and access to city facilities. Pasco currently licenses to communications equipment at this location in the same manner. V. DISCUSSION: Staff will provide a brief presentation on this information for discussion. Page 148 of 190 1 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 COMMUNICATION SITE LICENSE AGREEMENT THIS COMMUNICATION SITE LICENSE AGREEMENT (the "Agreement" or “License”), is effective as of the latter date signed below ("Effective Date") by and between the City of Pasco, a Washington municipal corporation ("Licensor"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Licensee"). Licensor and Licensee may be collectively referred to herein as "Parties" or individually as a "Party". RECITALS WHEREAS, Licensor owns the real property located at 5427 Road 76, Pasco, WA, as is more fully described on Exhibit A — Licensor Property attached hereto and incorporated herein by this reference (the "Licensor Property"), upon which is located a municipal water tower designated as the "Old Tower" (as also identified on Exhibit A); and WHEREAS, Licensee operates a communications network, and desires to utilize space on the Property for the placement of communications-related equipment, inclusive of space on the ground, and space on the Old Tower; and WHEREAS, Licensor also licenses space on the Old Tower to T-Mobile and additional space on the Property to additional wireless carriers; and WHEREAS, Licensor desires to allow Licensee to utilize portions of the Property in a manner that will not interfere with the existing users of the Property. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Communication Site/Premises. Licensor hereby licenses to Licensee those portions of the Licensor Property consisting of (i) ground space specifically shown on Exhibit B-Ground Premises ("Ground Premises"), (ii) certain equipment located on the Old Tower as shown on Exhibit B-1 – Tower Premises ("Tower Premises"), and (iii) space for access and underground utilities as shown on Exhibit B-2 – Access and Utility Premises (“Access and Utility Premises”). The Ground Premises, Tower Premises, and Access and Utility Premises together may be collectively referred to herein as the "Premises". Licensee's personal property installed within the Premises and any cabling providing utilities thereto are herein referred to as the "Licensee Facilities". Page 149 of 190 2 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 2. Permitted Use. Provided that Licensee is in compliance with all the terms and conditions of this Agreement, Licensee shall have the right to use the Premises for the purpose of maintaining, repairing, and operating a communications facility and for the uses incidental thereto (collectively, the "Permitted Use"). Licensee, at its sole expense, shall secure all necessary licenses, permits and all other necessary governmental approvals for its intended uses of the Premises. Licensor shall reasonably cooperate with Licensee in providing the necessary information for the completing of such applications, required licenses, permits, and approvals. Licensee shall ensure all work is completed in workmanlike manner, and Licensee shall keep the Licensor Property, including the Premises, free and clear of any mechanics' or materialmen's liens arising out of any activities performed by or on behalf of Licensee. 3. Term. 3.1. The initial license term will be five (5) years (the “Initial Term”), commencing on the Effective Date, and expiring at midnight on the fifth (5th) anniversary of the Effective Date. 3.2. This Agreement will automatically renew for three (3) additional five (5) year terms (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein unless Licensee notifies Licensor in writing of Licensee’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or the then-existing Extension Term. 3.3. Unless the Agreement is terminated as otherwise permitted herein, following the expiration of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) month, and for monthly terms thereafter (“Holdover Terms”) until terminated by either party hereto by giving to the other party hereto thirty (30) calendar days prior written notice of its intention to so terminate. The License Fee (defined below) during such Holdover Terms shall be equal to the 150% of the License Fee paid for the last month of the final Extension Term. 3.4. The Initial Term, any Extension Terms, and any Holdover Terms are collectively referred to as the “Term.” 4. License Fees. 4.1. Within forty-five (45) days of the Effective Date, Licensee shall pay to Licensor Three Thousand and 00/100 Dollars ($3000.00) (the “Initial Payment”). Page 150 of 190 3 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 4.2. Commencing on the first day of the month following the earlier of the date that Tenant commences construction or six (6) months after the Effective Date (the “Rent Commencement Date”), Licensee shall pay to Licensor a monthly license fee of Two Thousand Five Hundred Dollars and 00/100 ($2,500) ("License Fee") to the Payment Address below. The License Fee shall be due and payable in advance, on or before the first (1st) calendar day of each month. The initial payment of the License Fee will be forwarded by Licensee to Licensor within forty-five (45) days after the Rent Commencement Date. 4.3. On the first anniversary of the Effective Date, and on each anniversary thereafter during the Term, the License Fee shall increase by three percent (3%) over the preceding year's License Fee. 4.4. Any payments due under this Agreement shall clearly identify this Agreement, and shall be made payable to Licensor at the following "Payment Address": City of Pasco 525 North 3rd Ave. P. O. Box 293 Pasco, Washington 99301 Licensor may designate in writing at least thirty (30) calendar days in advance of any payment due date by notice given in accordance with Section 17 herein. In the event Licensor designates in writing that payments shall be made to another person or fi rm, such writing shall include a duly completed IRS form W-9, or replacement governmental form, for such person or firm as Licensor may designate. 4.5. Any amount owed by Licensee under this Agreement received by Licensor on or after the fifteenth (15th) calendar day from which it was due shall be a monetary Default of this agreement and, in addition to any other rights and remedies contained herein, shall be subject to a penalty of five percent (5%) of the past due amount, and the balance (including unpaid penalties and interest owed) shall accrue interest at the rate of one percent (1%) per month until paid in full. 5. Improvements; Maintenance Obligations. 5.1. Licensor shall maintain its Property, including the Old Tower, in accordance with all applicable laws. Licensee, at its sole cost and expense, shall maintain the Premises and Licensee Facilities thereon in good order and condition. Licensee shall make annual inspections of the Tower Premises, including, without limitation, the mounts connecting Page 151 of 190 4 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Licensee’s equipment to the Old Tower, and provide a copy of the inspection report to Licensor within 30 days of Licensee’s receipt of same. 5.1.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, should Licensor determine in Licensor's sole discretion that Licensee has failed to maintain the Premises as required herein, or Licensee's use thereof has caused or threatens to cause harm to persons or property, including the Old Tower, Licensor shall provide notice to Licensee of such harm or threats (the "Damage Notice") by telephone to Licensee’s Network Operations Call Center at (800) 832-6662 and by email to REleaseAdmin@att.com, and Licensee shall (i) submit to Licensor a plan for resolving such harm or threats thereof ("Damage Plan") within thirty (30) calendar days of receipt of Licensor's initial notice, and (ii) within thirty (30) calendar days of receipt of Licensor's approval of the Damage Plan, Licensee shall complete such maintenance or repair to the Premises necessary to eliminate any such harm or threats resulting from Licensee's use of, or failure to maintain the Premises. Should Licensor not approve a Damage Plan, Licensor shall advise Licensee of the defects in the Damage Plan, and Licensee shall resubmit Licensee's revised Damage Plan within ten (10) calendar days of receipt of Licensor's subsequent notice of same. Should Licensee (i) fail to submit a Damage Plan within thirty (30) calendar days of receipt of Licensor's Damage Notice, (ii) fail to receive Licensor's approval of a Damage Plan within thirty (30) calendar days of receipt of Licensor's advising of defects in the initial Damage Plan, or (iii) fail to complete such maintenance or repairs to Licensor’s satisfaction within thirty (30) calendar days following receipt of Licensor's approval of the Damage Plan, Licensor shall have the right, but not the obligation, to perform or cause to be performed the necessary maintenance or repair of the Premises, including the Old Tower, at Licensee’s sole cost and expense. NOTWITHSTANDING THE FOREGOING, in the event that Licensor determines, in Licensor's sole discretion, that harm or damage to persons or property may result from Licensee's use of the Old Tower, or Licensee's failure to maintain the Premises, Licensor may, without obligation, immediately perform or cause to be performed the necessary maintenance or repair of any portion of the Property, the Premises, the Licensee Facilities, and/or the Old Tower. In such events, Licensor shall invoice Licensee for the reasonable costs of said maintenance or repair as soon as reasonably practicable thereafter and Licensee shall reimburse to Licensor for the cost of the same within thirty (30) calendar days of its receipt of an invoice for said maintenance or repair. Licensor's right hereunder shall be in addition to any and all other rights afforded Licensor in this Agreement. Page 152 of 190 5 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 5.2. As of the Effective Date, Licensee may install the equipment shown on Exhibits B, B-1, and B-2; provided that: 5.2.1. All equipment installed shall be as specifically described and depicted on the site plans attached hereto as Exhibit C - Approved Plans and by this reference incorporated herein (the "Approved Plans"), and shall be performed during the construction schedule to be approved, in advance and in writing, by Licensor prior to the commencement of construction; and 5.2.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Licensor’s consent to or approval of any plans or modifications or other requested changes to the Licensor Property from Licensee, shall not be construed as Licensor’s approval or acceptance of the accuracy of same. Licensee is responsible for the accuracy, defaults, and or omissions of all plans, modifications, and all work performed on, or by Licensee’s use of, the Licensor Property; and for ensuring compliance of same with all laws, codes, guidelines, and permits of any governmental authority having jurisdiction, including, but not limited to the Licensor. 5.3. Licensee, in its reasonable discretion and without Licensor's approval, may modify, replace, and upgrade the Licensee Facilities located above ground within the Ground Premises. Licensee may not make any modifications to areas outside of the Ground Premises without the advance written consent of Licensor, including, without limitation, modifications to the Tower Premises, or Access and Utility Premises. 5.4. Except for like-for-like replacements, Licensee may not replace, improve, upgrade or make additions to the Tower Premises (“Modifications”) without Licensor's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. Accordingly, Licensee shall be permitted to make Modifications to the Tower Premises upon at least five (5) days’ prior written notice to Licensor and without the payment of additional rent, provided that such Modifications (i) do not occupy additional space outside the Premises, and (ii) do not increase the weight, lateral, or wind loads in place at the time of said change. For clarity and not as a limitation, should Licensee’s proposed Modifications change any individual or combination of items listed in items (i) or (ii) above, Landlord may condition its approval, in whole or in part, on the payment of additional Rent. 5.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, in the event that Licensor determines, in its sole discretion, that (i) maintenance is required to the Old Tower and (ii) such maintenance requires the relocation of Tower Page 153 of 190 6 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Premises (collectively, a "Maintenance Event"), Licensor shall have the right to require that Licensee relocate the Tower Premises upon sixty (60) calendar days' advance written notice to Licensee of the Maintenance Event. Within sixty (60) calendar days of Licensee's receipt of Licensor's notice of the Maintenance Event, Licensee shall relocate the Tower Premises to a mutually acceptable location. Upon Licensor's completion of the Maintenance Event, Licensor shall deliver written notice to Licensee of the same and Licensee shall have thirty (30) calendar days to return the Tower Premises to its original location. NOTWITHSTANDING THE ABOVE, the Parties may, by mutual written agreement, decide to keep the Tower Premises in the new location and all references in this Agreement to the Tower Premises will automatically be adjusted to reflect the new location. The Parties agree that Licensee shall be responsible for the costs and expenses associated with the first (1st) relocation and return (if applicable) of the Tower Premises as those processes are set forth under this Section. Thereafter, to the extent Licensor requires an additional relocation of the Tower Premises, Licensor shall be solely responsible for the reasonable costs and expenses associated with the relocation and return (if applicable) of the Tower Premises, unless the Maintenance Event is due to the use of the Tower Premises by Licensee. 6. Access and Utilities. 6.1. Licensee, including any employees, agents, contractors, subcontractors and assigns of same, shall be subject to any security procedures, currently in place or which may be implemented by any government authority having jurisdiction, or that may be reasonably implemented by Licensor ("Security Procedures"), affecting the Licensor Property, provided a copy of such Security Procedures shall have been delivered to Licensee prior to the enforcement thereof. 6.2. Licensee shall be permitted access to the Tower Premises only upon compliance with any Security Procedures, including, without limitation, escort and supervision to and within the Tower Premises by Licensor's authorized representative. Licensee shall reimburse Licensor for any cost or expenses incurred by Licensor for any escort to the Tower Premises, which reimbursement Licensee shall make within fifteen (15) calendar days of Licensee's receipt of the same. 6.3. Access to the Tower Premises by Licensee will require two (2) business days' advance written coordination, via email, provided receipt is confirmed by an authorized representative of Licensor, or in writing to the appropriate contact identified in Section 17 — Notice of this Agreement. Page 154 of 190 7 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 6.4. In the event of an emergency, to be defined as an event that may cause harm to any person, or damage on the Licensor Property, Licensee shall contact Licensor at the emergency contact number listed in Section 17 — Notice; 24-hours per day, seven days per week for emergency access within the secured area. 6.5. Subject to any Security Procedures, Licensor grants Licensee, and Licensee's agents, employees, and contractors, a non-exclusive right of entry for pedestrian and vehicular ingress and egress across the Licensor Property to and from the Ground Premises, twenty-four (24) hours a day, seven (7) days a week, at no charge to Licensee. Licensee shall maintain the security of the Premises by locking all gates upon completion of any work performed thereon. All references to the "Access" shall refer to those portions of the Licensor Property described and depicted on Exhibit B-2 — Access and Utilities Premises. 6.6. Licensor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Licensor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Licensee's use of such roadways. 6.7. Licensee shall pay for all utilities it consumes in its operations on the Licensor Property. Licensee shall obtain utility service separately metered by all utility providers that provide service to the Premises, in the locations shown on Exhibit B-2. In connection therewith, Licensor agrees, at Licensee's sole cost and expense, to sign documents or grant reasonable non-exclusive utility placements of electrical and telecommunications cables to provide service to the Premises as shown on Exhibit B-2. 7. Interference. 7.1. Licensee warrants that its use of any portion of the Licensor Property will not interfere physically with the use of the Licensor Property by Licensor, Licensor's agents, other licensee(s), or permittee(s) upon the Licensor Property. Licensee agrees not to interfere with other radio frequency users existing as of the Effective Date on the Property, as long as those existing radio frequency users operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations, including, without limitation, the Federal Communications Commission ("FCC"). Licensee further warrants that any changes to Licensee's equipment or radio frequencies after the initial installation shall not interfere in any way with any then-existing radio frequency users on the Licensor Property. In the event Licensee causes any interference Page 155 of 190 8 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 described in this Section, Licensee shall cause such interference to cease within twenty- four (24) hours after receipt of written notice of interference from Licensor. In the event any such interference does not cease within the aforementioned cure period, Licensee shall cease all operations that are suspected of causing such interference (except for intermittent testing to determine the cause of such interference and verify whether the interference has been cured) until the interference has been corrected. Licensee shall not use the Premises in any manner that may cause damage to the Old Tower. 7.2. Following the Effective Date, Licensor will not grant a lease, license or any other right to any third party, if the exercise of such grant will measurably interfere with the Permitted Use or the rights of Licensee under this Agreement. Secondary Use: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Licensee acknowledges and agrees that the primary use of the Licensor Property is water distribution. Licensee’s use of the Licensor Property is secondary to such use by Licensor, however; Licensor will use commercially reasonable efforts to minimize disturbance with the other tenants, customers, guests and invitees of the Licensor Property. Licensee’s use of the Tower Premises shall not diminish Licensor’s full use of water storage capacity of the Old Tower. 8. Taxes. Licensee shall pay any personal property taxes assessed against Licensee's personal property, including the Licensee Facilities, located on the Premises. Licensee agrees to reimburse to Licensor any real property taxes, or any other applicable taxes, including, without limitation, leasehold excise tax (if applicable), attributable to the Licensee's use of the Licensor Property or improvements thereto within thirty (30) calendar days of receipt of Licensor's invoice. Licensor shall provide a copy of reasonable supporting documentation to Licensee with any request for reimbursement. Licensee represents that it is a public utility pursuant to chapter 84.12 RCW. As of the Effective Date, Licensee is centrally assessed and taxed by the Washington Department of Revenue, and Licensee’s interest in this Agreement is exempt from the leasehold excise taxes imposed pursuant to RCW 82.29A.030 and 82.29A.040. 9. Default. The failure of either Party, or its’ agent, contractor, employee, or permittee, to observe or comply with any covenant, term, condition, or provision of this License shall result in a “Default” of this License. 9.1. Following a Default, the non-defaulting Party shall give the defaulting Party written notice of such Default in accordance with Section 17 – Notices, and the defaulting Page 156 of 190 9 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Party shall have thirty (30) calendar days in which to cure any monetary Default and thirty (30) calendar days to cure any non-monetary Default. The defaulting Party may extend the thirty (30) calendar day period as required to cure a non-monetary Default, provided that: (i) the nature of the cure is such that it reasonably requires more than thirty (30) calendar days, (ii) the defaulting Party delivers to the non-defaulting Party, in writing, a cure to such Default that is acceptable to the non-defaulting Party, and (iii) the defaulting Party commences the cure within thirty (30) calendar days of its receipt of written notice of such Default, and thereafter continuously and diligently pursues the cure to completion. In no event shall the cure period for any Default be extended beyond ninety (90) calendar days, unless agreed upon in writing by the non-defaulting Party. 9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Licensor shall not be required to provide Licensee an opportunity to cure any monetary Default if three (3) or more such monetary Defaults have occurred in the previous twelve (12) months. 9.3. Licensor’s Remedies. In the event Licensee fails to cure a Default within the timeframes contained herein, Licensor may, but shall not be required to, pursue all or any of the following remedies: (i) terminate this License without further liability except as otherwise provided herein, (ii) recover actual damages, and (iii) pursue any other rights and remedies available at law or in equity, subject to the provisions of this License. 9.4. Licensee’s Remedies. In the event Licensor fails to cure a Default within the timeframes contained herein, Licensee may, but shall not be required to, pursue all or any of the following remedies: (i) terminate this License without further liability except as otherwise provided herein, (ii) recover actual damages, and (iii) pursue any other rights and remedies available at law or in equity, subject to the provisions of this License. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, Licensor’s liability under the Agreement shall not exceed the value of its interest in the Licensor Property. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, and except for the indemnity obligations set forth in Section 12.3 below, Licensor and Licensee each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. 9.6. The remedies given to the Parties in this Section shall be cumulative, and the failure of either Party to exercise any particular remedy shall not be considered a waiver Page 157 of 190 10 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 of the same. NOTWITHSTANDING THE FOREGOING, each Party shall use reasonable efforts to mitigate its damages in connection with a Default by the other Party. 9.7. If either Party performs any of the other Party’s obligations hereunder, the full amount of the actual cost and reasonable expenses incurred by the non-defaulting Party shall immediately be due and payable by the defaulting Party upon written demand, with interest accruing thereon at one percent (1%) per month or twelve percent (12%) per annum, from the date the cost is incurred until the payment is satisfied in full. 9.8. At all times during this License, including during a Default, all undisputed fees shall be due and payable as set forth herein. Licensor’s acceptance of any sum paid by Licensee after any Default of this License shall not be deemed a waiver of such Default unless expressly set forth in writing. 10. Termination: Removal. 10.1. In addition to other rights listed herein, this Agreement may be terminated without further liability as follows: 10.1.1. By Licensee without further liability with thirty (30) calendar days prior written notice: (i) if Licensee, through no fault of its own, is unable to reasonably obtain o r maintain any certificate, license, permit, authority or approval from any governmental authority, thus restricting Licensee from using the Premises for the Permitted Use; (ii) or by Licensee for any reason or no reason, provided that Licensee shall be responsible for the payment of the License Fee for the remainder of the then-current term. 10.1.2. By Licensor at no cost or further obligation to Licensor if Licensor determines, in Licensor's sole discretion: (i) Licensee's use of the Old Tower may cause any diminished capacity or use of the Old Tower by Licensor, (ii) the Old Tower may no longer be capable of supporting all or a portion of Licensee's equipment, or (iii) the Old Tower is scheduled or planned to be removed or replaced. 10.2. Licensee shall remove all Licensee Facilities from the Licensor Property within sixty (60) calendar days of the termination or expiration of this Agreement (the "Removal Period") and shall restore the Licensor Property to the condition that existed prior to the Effective Date, reasonable wear and tear excepted. In connection therewith: 10.2.1. Licensee shall have no rights to operate the Licensee Facilities during the Removal Period. During the Removal Period, and until the Licensee's Facilities are Page 158 of 190 11 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 wholly removed from the Property, Licensee shall be subject to the terms specified in this Agreement except that the License Fee shall be in an amount equal to One Hundred and Twenty-Five Percent (125%) of the License Fee due for the previous Term. 10.2.2. In the event Licensee fails to remove Licensee's Facilities during the Removal Period, Licensor shall be entitled to, but without obligation, remove Licensee's Facilities upon providing Licensee with thirty (30) calendar days' advance written notice of its intent to do so. Licensee shall reimburse Licensor for all actual costs associated with the removal (including, but not limited to, consultant and/or attorney fees) within fifteen (15) calendar days of Licensee's receipt of Licensor's invoice for same. 10.3. All Licensee obligations concerning removal of the Licensee's Facilities, and payments owed to Licensor shall survive the early termination or expiration of this Agreement until such time as the Licensee’s removal obligations are satisfied, and all outstanding amounts owed are paid in full, to be determined in the sole discretion of Licensor. 11. Destruction or Condemnation. If the Premises or Licensee's Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Licensee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to the Licensor no more than forty-five (45) calendar days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation, provided that any damage or destruction are not caused by Licensee and/or a Licensee responsible party. 12. Insurance and Indemnity. 12.1 Indemnification / Hold Harmless. Licensee shall defend, indemnify, and hold harmless Licensor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Licensee’s use of the Old Tower, or from the conduct of Licensee’s business, or from any activity, work or thing done, permitted, or suffered by Licensee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of Licensor. It is further specifically and expressly understood that the indemnification provided herein constitutes the Licensee’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated and agreed to by the Licensee and Licensor. The provisions of this section shall survive the expiration or termination of this Lease. Page 159 of 190 12 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 12.2 Insurance Term. The Licensee shall carry and maintain for the duration of the License Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Licensee’s operation and use of the leased Premises. 12.3 No Limitation. The Licensee’s maintenance of insurance as required by the License Agreement shall not be construed to limit the liability of the Licensee to the coverage provided by such insurance, or otherwise limit Licensor’s recourse to any remedy available at law or in equity. 12.4 Scope of Insurance. The Licensee shall carry insurance of the types and coverage described below: 12.4.1 Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. Licensor shall be included as an additional insured with respect to this Agreement on Licensee’s Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. 12.4.2 Property insurance shall be written on an all risk basis. Licensee may self- insure this risk under the same terms as required by this Agreement. 12.5 Amounts of Insurance. The Licensee shall maintain the following insurance limits: 12.5.1 Commercial General Liability insurance shall be written with limits of $5,000,000 each occurrence, $5,000,000 general aggregate. 12.5.2 Property insurance shall be written covering the full value of Licensee’s property and improvements. Page 160 of 190 13 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 12.6 Other Insurance Provisions. The Licensee’s Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respecting Licensor. Any insurance, self-insurance, or self-insured pool coverage maintained by Licensor shall be excess of the Licensee’s insurance and shall not contribute with it. 12.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 12.8 Verification of Coverage. The Licensee shall furnish Licensor with original certificates and a copy of the required amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Licensee. 12.9 Waiver of Subrogation. Licensee and Licensor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Old Tower. This release shall apply only to the extent that such claim, loss or liability is covered by insurance or self-insurance. 12.10 Notice of Cancellation. The Licensee shall provide Licensor with at least thirty (30) days’ prior written notice of any policy cancellation of any required coverage that is not replaced. 12.11 Failure to Maintain Insurance. Failure on the part of the Licensee to maintain the insurance as required shall constitute a material breach of the License Agreement, upon which Licensor may, after giving five (5) business days notice to Licensee to correct the breach, terminate the License Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Licensor on demand. 13. Assignment/Subletting. Licensee may only wholly assign or transfer this Agreement to Licensee's principal or a wholly owned subsidiary of its principal. As to other parties, this Page 161 of 190 14 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Agreement may not be sold, assigned or transferred without the express written consent of the Licensor. Licensee shall not sublet all or any part of the Premises. 14. Waiver of Licensor's Lien. Licensor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Licensee's Facilities or any portion thereof; which for the purpose of this Agreement are conclusively construed as Licensee's personal property and not fixtures. Licensor acknowledges that Licensee may have entered into or may enter into financing arrangements, including Promissory Notes, Security Agreements and Financing Statements for the financing of the Licensee's Facilities with a third-party financing entity. In connection therewith, Licensor (i) consents to the installation of Licensee's Facilities subject to security interests; (ii) disclaims any interest in Licensee's Facilities; (iii) agrees that the Licensee, or any entity holding a security interest therein, may remove Licensee's Facilities at any time without recourse to legal proceeding, provided that such removal is performed in accordance with the terms and conditions of this Agreement. Neither Licensee, nor any financing entity granted a security interest in Licensee's Facilities, shall have any right to claim any interest in real property by lien or by permissive possession other than as provided in this Agreement. 15. Title and Quiet Enjoyment. Licensor represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Licensee may peacefully and quietly enjoy the Premises and such access thereto subject to the Security Procedures, and provided that Licensee is not in default hereunder after notice and expiration of all cure periods. 16. Environmental. As of the Effective Date of this Agreement: 16.1. Licensee hereby represents and warrants that: (i) it shall not use, generate, handle, store or dispose and Hazardous Materials in, on, under, upon or affecting t he Premises in violation of any applicable law or regulation; (ii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Materials in, on, under, upon or affecting the Premises in violation of any applicable law or regulation. 16.2. Licensor hereby represents and warrants that, to Licensor's best knowledge, without investigation, it has no knowledge of the presence of any Hazardous Materials located in, on, under, upon or affecting the Premises in violation of an y applicable law or regulation. 16.3. The provisions of this Section 16 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. Page 162 of 190 15 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 16.4. "Hazardous Materials" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 17. Notices. All notices hereunder must be in writing and shall be deemed validly given if (i) sent by certified mail, return receipt requested; or (ii) by a nationally recognized courier service that provides verification of delivery, or attempted delivery. In either case, the notice shall be effective upon receipt or rejection of delivery, or attempted delivery. Notices shall be addressed as follows (or to such alternate address as either Party may specify to the other, in writing, at least ten (10) business days prior to such notice being given): If to Licensor. USPS address: City of Pasco Attn: City Manager P. O. Box 293 Pasco, WA 99301 Courier address: City of Pasco Attn: City Manager 525 North 3rd Ave. Pasco, WA 99301 If to Licensee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: KP0484; Cell Site Name: Pasco Island Park (WA) Fixed Asset #: 14566021 1025 Lenox Park Blvd NE 3rd Floor Atlanta, Georgia 30319 With a copy to: Kerr Ferguson Law, PLLC Attn: Eric Ferguson 7025 Grandridge Blvd. Ste. A Kennewick, WA 99336-7724 With a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Dept – Network Operations Re: Cell Site #: KP0484; Cell Site Name: Pasco Island Park (WA) Fixed Asset #: 14566021 208 S. Akard Street Page 163 of 190 16 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Dallas, TX 75202-4206 For Tower Access Contact: City of Pasco Water Department Attn: Division Manager 1025 S Gray Ave. Pasco, WA 99301 509-545-3463 Emergency Contact Number: 509-545-2737 Emergency Contact Number (per Section 5.1.1 above): (800) 832-6662 Emergency Contact Email (per Section 5.1.1 above): REleaseAdmin@att.com 18. Marking and Lighting. Licensor shall be responsible for compliance with all lighting requirements of the Federal Aviation Administration ("FAA"). Licensee shall be responsible for compliance with all of the marking requirements of the FCC to the extent such requirements relate to the installation and use of the Licensee’s Facilities. 19. Miscellaneous. 19.1. Time is of the essence in each and every provision of this Agreement. 19.2. Each Party agrees to furnish to the other, within thirty (30) calendar days after receipt of such request, such reasonable and/or necessary information as the other Party may request. 19.3. Nothing contained in this License shall be construed to create a joint venture, partnership, tenancy-in-common, joint tenancy relationship, or any other type of relationship between Licensee and Licensor, other than that of Licensor and Licensee. 19.4. The submission of this License to any Party for examination or consideration does not constitute an offer, reservation of or option for all or any portion of the Premises based on the terms set forth herein. This License will become effective as a binding Page 164 of 190 17 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 License only upon full handwritten legal execution, acknowledgment and delivery hereof by Licensor and Licensee. 19.5. In any litigation arising hereunder, the substantially prevailing Party shall be entitled to recovery from the other Party its reasonable attorneys’ fees and court costs, including expert witness fees, consultant and paralegal fees, at trial, in any proceeding in bankruptcy, and upon any appeal or review. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, this Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Washington, without regard to any conflicts of laws. The venue for any legal action brought under the terms of this License shall be the state or federal courts of Franklin County, Washington. 19.6. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provisions to t he persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 19.7. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 19.8. This Agreement constitutes the entire agreement between the Parties, and supersedes all understandings, offers, negotiations and other leases or licenses concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments or modifications of any of the terms and conditions of this Agreement must be in writing and executed by both Parties. No provision in this Agreement will be deemed waived by either Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by delay or any other act or omission of either Party. No waiver by either Party of any provision of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. 19.9. Licensor shall at all times ensure that Old Tower, and any third party equipment contained and/or operated thereon, are in compliance with all applicable laws, guidelines, permits, codes, regulations, and engineering specifications of any government entity having jurisdiction. Licensee shall at all times ensure that Licensee's use of the Premises, and any personal equipment of Licensee contained and/or operated thereon, are in Page 165 of 190 18 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 compliance with all applicable laws, guidelines, permits, codes, regulations, and engineering specifications of any government entity having jurisdiction. Licensee further understands and agrees that Licensee's use of the Premises is subject to the conditions of any special use or conditional use permit. 19.10. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their individual or representative capacity as indicated. Licensee further represents and warrants to Licensor that Licensee has obtained any and all consents or approvals of a lender, or any other such third party required. 19.11. In the event Licensor determines, in Licensor’s reasonable judgment, that it is necessary to seek the assistance of third parties, including contractors, engineers, consultants and/or attorneys, in the review and/or facilitation of any request by Licensee, Licensee shall reimburse Licensor for all actual, reasonable, and documented costs incurred by Licensor within thirty (30) calendar days of receipt of Licensor’s invoice. This requirement shall also include the reimbursement by Licensee of costs up to an amount equal to Two Thousand Seven Hundred and No/100 Dollars ($2,700.00) incurred by Licensor in the creation of this License. 19.12. Contemporaneously with the execution of this Agreement, the Parties will execute the Memorandum of Communication Site License Agreement attached as Exhibit D— Memorandum of Communication Site License Agreement. Either Party may record this Memorandum of Communication Site License Agreement at any time during the Term, in its absolute discretion. Upon expiration or termination of the Agreement, the Licensee will execute, acknowledge and deliver to Licensor a recordable termination of such Memorandum of Communication Site License Agreement. 19.13. This Agreement may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart. Furthermore, the Parties may execute and deliver this Agreement by electronic means such as .pdf or similar format. Each of the Parties agrees that the delivery of this Agreement by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of this Agreement by all Parties to the same extent as an original signature. Page 166 of 190 19 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 19.14. All representations and warranties contained herein by the Parties shall survive the early termination or expiration of this Agreement. [Signature Page Follows] Page 167 of 190 20 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the days and year written below. Licensor: City of Pasco, a Washington municipal corporation By: ______________________________ Name: ______________________________ Title: ______________________________ Date: ______________________________ Licensee: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: ______________________________ Name: ______________________________ Title: ______________________________ Date: ______________________________ [Notary Blocks Follow] Page 168 of 190 21 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 NOTARY BLOCK – CITY OF PASCO STATE OF WASHINGTON ) )SS. COUNTY OF FRANKLIN ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: _______________________________. Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: NOTARY BLOCK – NEW CINGULAR WIRELESS PCS, LLC STATE OF ) )SS. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: _______________________________. Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: Page 169 of 190 22 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Exhibit A - Licensor Property The Property is Franklin County APN 116140015 with a street address of 5427 Road 76, Pasco, WA 99301. The abbreviated legal description of the Property is: PTN NWSE 9-9-29 DAF: BEG AT CTR 4 COR SD SEC; TH N89D59'E ALG N LN THEREOF, 40.01'; TH LEAV SD N LN SOID04'E, 50.01' TO INT OF SLY MARG OF SANDIFUR PKWY & ELY MARG ROAD 76 & TPOB; TH ALG SD SLY MARG, N89D 59'E, 280.74'; TH SOID04'W, 130'; TH N89D59'E, 179.35'; TH SOID04'E, 324.13; TH S17D05'E, 48.07'; TH S89D59'W, 473.35' TO ELY MARG RD 76 TH ALG SD ELY MARG, NOID04'W, 500.09' TO TPOB. The Property is further depicted in the drawing below (not to scale): Page 170 of 190 23 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Exhibit B – Ground Premises Licensee’s "Ground Premises" consists of a portion of the Property measuring approximately 570 square feet as shown in the drawing below, with a maximum height of ten feet (10') above ground level, and a maximum depth of one foot (1') below ground level. The Ground Premises shall be fully fenced. Page 171 of 190 24 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Exhibit B-1 – Tower Premises The "Tower Premises" consists of the items shown on the schedule below , in only those locations shown on Exhibit C – Approved Plans, and is inclusive of conduit and cable trays to provide power and connectivity to and from the Ground Premises and attachment appurtenances connecting the equipment to the Old Tower. The Tower Premises refers to the equipment permitted on the Old Tower and the specific locations on the Old Tower at which such equipment may be placed. Licensee's use of any space on the Old Tower is and shall remain non-exclusive. Quantity Type Make Model Dimensions (in) Weight (lbs) Tip Height (AGL) 9 Antenna CommScope NNH4-65-R6 96x19.6x7.8 99.2 150' 6 RRH Nokia RRH 4T4R B12/14 AHLBA 22.04x12x6.9 77 150' 3 RRH Nokia RRH 4T4R B25/26 AHFIB 22.04x12.13x6.9 67 150' 3 RRH Nokia RRH 4T4R B30 ANNA 29.5x11.8x6.9 35 150' 3 RRH Nokia RRH 4T4R B5 AHCA 13.27x11.61x6.9 36 150' 9 DC cable 1/4 3 Fiber cable 1/4 3 SSU Raycap DC9 20x18x9 150' Page 172 of 190 25 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Exhibit B-2 - Access and Utilities Premises The "Access and Utilities Premises" are depicted below. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE AGREEMENT, the Access and any locations of utilities are, and shall remain, non-exclusive. Page 173 of 190 26 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Exhibit C - Approved Plans The following site plans created by __________________ dated ___________ reflect the Approved Plans. Any changes made to the site plans, or any variations from same must be approved in advance and in writing by Licensor. Pages Follow] Page 174 of 190 27 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Exhibit D - Memorandum of Communication Site License Agreement [See Attached] Page 175 of 190 28 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 FILED AT THE REQUEST OF; AFTER RECORDING, RETURN TO: __________________________________ __________________________________ __________________________________ __________________________________ DOCUMENT TITLE: MEMORANDUM OF COMMUNICATION SITE LICENSE AGREEMENT LICENSOR: CITY OF PASCO LICENSEE: NEW CINGULAR WIRELESS PCS, LLC ABBREV. LEGAL DESCRIPTION: PTN NWSE 9-9-29 DAF: BEG AT CTR 4 COR SD SEC; TH N89D59'E ALG N LN THEREOF, 40.01'; TH LEAV SD N LN SOID04'E, 50.01' TO INT OF SLY MARG OF SANDIFUR PKWY & ELY MARG ROAD 76 & TPOB; TH ALG SD SLY MARG, N89D 59'E, 280.74'; TH SOID04'W, 130'; TH N89D59'E, 179.35'; TH SOID04'E, 324.13; TH S17D05'E, 48.07'; TH S89D59'W, 473.35' TO ELY MARG RD 76 TH ALG SD ELY MARG, NOID04'W, 500.09' TO TPOB. APN: 116140015 MEMORANDUM OF COMMUNICATION SITE LICENSE AGREEMENT This Memorandum of Communication Site License Agreement dated this ___ of ______, 20__, by and between the City of Pasco, a Washington municipal corporation ("Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, ("Licensee") is a record of that certain Communication Site License Agreement (”Agreement”) between Licensor and Licensee dated ___________, 20__, which Agreement includes in part the following terms: 1. Licensed Premises. Licensor owns that certain real property more specifically described in Exhibit A attached hereto and incorporated herein by this reference. The Agreement pertains to certain portions of said property, more specifically described in the Agreement. 2. Term of Agreement and Renewals. The initial term of the Agreement is for five (5) years, commencing on the Effective Date (defined therein) and expiring at midnight on the fifth (5th) anniversary of the Effective Date which term is subject to Licensee’s rights to extend Page 176 of 190 29 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 the term of the Agreement for three (3) successive periods of five (5) years each, as provided in the Agreement 3. The duplicate and original copies of the Agreement are held at the Licensor’s and Licensee’s addresses. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Communication Site License Agreement as of the day and year first above written and may be executed in duplicate counterparts, each of which shall be deemed original. Licensor: Licensee: City of Pasco, a Washington municipal corporation New Cingular Wireless PCS, LLC, a limited liability company By: By: Name: Name: Title: Title: Date: Date: [Notary Acknowledgements Follow] Page 177 of 190 30 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 NOTARY BLOCK – CITY OF PASCO STATE OF WASHINGTON ) )SS. COUNTY OF FRANKLIN ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: _______________________________. Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: NOTARY BLOCK – NEW CINGULAR WIRELESS PCS, LLC STATE OF ) )SS. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: _______________________________. Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: Page 178 of 190 31 Cell Site Number: KP0484 Cell Site Name: Pasco Island Park Fixed Asset Number: 14566021 Exhibit A - Licensor Property The Property is Franklin County APN 116140015 with a street address of 5427 Road 76, Pasco, WA 99301. The abbreviated legal description of the Property is: PTN NWSE 9-9-29 DAF: BEG AT CTR 4 COR SD SEC; TH N89D59'E ALG N LN THEREOF, 40.01'; TH LEAV SD N LN SOID04'E, 50.01' TO INT OF SLY MARG OF SANDIFUR PKWY & ELY MARG ROAD 76 & TPOB; TH ALG SD SLY MARG, N89D 59'E, 280.74'; TH SOID04'W, 130'; TH N89D59'E, 179.35'; TH SOID04'E, 324.13; TH S17D05'E, 48.07'; TH S89D59'W, 473.35' TO ELY MARG RD 76 TH ALG SD ELY MARG, NOID04'W, 500.09' TO TPOB. The Property is further depicted in the drawing below (not to scale): Page 179 of 190 Pasco City Council Workshop October 26, 2020 Communication Site License Agreement –AT&TPage 180 of 190 •Permit Application (7/1/2019) •Proposed collocation on the North (Irrigation) water tank •Propose to install antennas & ancillary equipment •Increases AT&T’s 4G LTE coverage and capacity •N. Rd. 68 and Sandifur Pkwy area •Tuscany Mall •Nearby business areas •Lease Area -390 square feet •Includes 6’8” x 6’8” equipment shelter with generator AT&T Communications Site License Agreement Page 181 of 190 AT&T Communications Site License Agreement •Permit Application (continued) •Antennas & equipment: •12 panel antennas •12 remote radio head units •3 surge protectors •Associated fiber/DC cables •Color: Paint to match with anti-glare finish •Interference: Will not interfere with other communications facilities •Monitoring:24/7 by a national operations center Page 182 of 190 AT&T Initial Evaluation Options Page 183 of 190 AT&T Initial Evaluation Options Page 184 of 190 AT&T Tower Plans Page 185 of 190 AT&T Communications Site License Agreement –Structural Analysis SideSway Engineering •Provided gravity and lateral calculations for proposed antenna installation •Determined adequacy of water tank to support the additional loads •Antenna mounts and connections designed by manufacturer Page 186 of 190 •Structural Analysis Results •Wind & Seismic Evaluation –Proposed antenna has no affect wind or seismic loads w/ tank empty or full •Tank Wall Analysis -shell compressive strengths adequate in supporting the equipment •Summary: 160’ water tank can adequately support AT&T equipment in conformance with the IBC (Existing T-Mobile equipment included in analysis) AT&T Communications Site License Agreement –Structural Analysis Page 187 of 190 Seismic Load Calculations Wind Load Calculations AT&T Communications Site License Agreement –Structural Analysis Page 188 of 190 AT&T Communications Site License Agreement •Negotiating 1+ year •Parties met (virtually) 10/19/2020 •Final few issues being worked out •Council approval 11/2/2020Page 189 of 190 Questions?Page 190 of 190