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2023, 01-24 Formal Meeting AgendaAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, January 24, 2023 6:00 p.m. Remotely via ZOOM Meeting and In Person at 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Spokane Valley Council meetings are held in -person at City Hall at the address provided above. Members of the public may also attend the meeting via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity." If making a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. Otherwise, comments will be taken in -person at the meeting in Council Chambers, as noted on the agenda below. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER INVOCATION: Pastor Alissa Amestoy of United Methodist Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COUNCILMEMBER REPORTS MAYOR'S REPORT PROCLAMATIONS: GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. To comment via zoom: use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign -in sheet will be provided in Council Chambers. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of Claim Vouchers on Jan 24, 2023, Request for Council Action Form: $2,050,756.02 b. Approval of Payroll for Pay Period ending January 15, 2022: $348,481.26 Council Agenda January 24, 2023 Page 1 of 2 c. Approval of Council Meeting Minutes of January 3, 2023 Study Session Format d. Approval of Council Meeting Minutes of January 10, 2023 Formal Meeting Format e. Approval of Memorandum of Understanding with Spokane County Regarding Legal Fees 2. First Reading Ordinance 23-003 Closed City Property — Cary Driskell [public comment opportunity] 3. Motion Consideration: City Hall Remediation Award, Progressive Design Build Contract — Bill Helbig [public comment opportunity] 4. Motion Consideration: City Hall Remediation Construction Management Consultant Contract— Bill Helbig [public comment opportunity] 5. Motion Consideration: Balfour Park Construction Bid Award — Gloria Mantz [public comment opportunity] 6. Motion Consideration: Balfour Park Multi -Use Building Purchase — Gloria Mantz [public comment opportunity] 7. Motion Consideration: Interlocal Agreement for Cooperative Purchasing — Chelsie Taylor [public comment opportunity] ADMINISTRATIVE REPORT: 8. Solid Waste Management Plan Update — Bill Helbig 9. Spokane Valley Police Department Update — Chief Ellis 10. Fire Department Monthly Report — Chief Soto 11. Code Text Amendment, SVMC 19.30 — Marty Palaniuk 12. Advance Agenda — Mayor Haley INFORMATION ONLY (will not be reported or discussed): 13. Department Reports COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda January 24, 2023 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: El Cheek all that apply: ® consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST 01/05/2023 01/06/2023 01/10/2023 01/10/2023 01/11/2023 01/13/2023 01/13/2023 01/17/2023 01/17/2023 VOUCHER NUMBERS 58774-58801 58802 58803-58825 58826-58852 58853-58868 58869-58891, wire 18967670 58892-58904 58905-58926 9846-9854 (park refunds) GRAND TOTAL: #001 - General Fund 001.011.000. 001.013.000. 001.013.015. 001.016.000. 001.016.016. 001.018.013. 001.018.014. 001.018.016 001.018.017. 001.033.000. 001.033.033. 001.033.034. 001.040.000. 001.040.041. 001.040.042.558. 001.040.042.565. 001.040.043. 001.040.044. 001.076.000. 001.076.300. 001.076.301. 001.076.302. 001.076.304. 001.076.305. 001.090.000.511. 001.090.000.514. 001.090.000.517. 001.090.000.518. 001.090.000.519. 001.090.000.550. TOTAL AMOUNT 51,266.35 1,586.16 97,474.42 221,016.91 665,793.63 542,062.23 152,717.71 316,661.61 2,177.00 S2,050,756.02 Ex ilanation of Fund and Pro ect Numbers found on Voucher Lists City Council City Manager Legal Public Safety Precinct Shared Expenses Deputy City Manager Finance Human Resources Information Technology Facilities Administration Facilities — City Hall Facilities — Other Community/Public Works -Administration Engineering Economic Development Housing/Homeless Services Building Planning Parks & Rec—Administration Parks & Rec-Maintenance Parks & Rec-Recreation Parks & Rec- Aquatics Parks & Rec- Senior Center Parks & Rec-CenterPlace General Gov't- Council related General Gov't -Finance related General Gov't -Employee supply General Gov't- Centralized Serv. General Gov't -Other Services General Gov't -Natural & Eco. 001.090.000.560. 00I.090.000.594. 001.090.000.595. General Gov't -Social Services General Gov't -Capital Outlay General Gov't-Roads/Streets Capital Other Funds: 101 — Street Funcl 103 —Paths & Trails 104 — Tourism Facilities 105 — Hotel/Motel Tax 106 — Solid Waste 107 —PEG Fund 108 — Affordable & Supplemental Housing Sales Tax 120 — CenterPlace Operating Reserve 121 —Service Level Stabilization Reserve 122 — Winter Weather Reserve 204 — Debt Service 301 — REET 1 Capital Projects 302 — REET 2 Capital Projects 303 — Street Capital Projects 309 — Parks Capital Grants 310 — Civic Bldg. Capital Projects 311 — Pavement Preservation 312 — Capital Reserve 314 — Railroad Grade Separation Projects 315 — Transportation Impact Fees 316 — Economic Development Capital Projects 402 — Stormwater Management 403 — Aquifer Protection Area 501 — Equipment Rental & Replacement 502 — Risk Management 632 — Passthrough Fees & Taxes Project Numbers: 143 - Barker Rd/BNSF Grade Separation 205 - Sprague/Barker intersection Improvement 223 - Pines Rd Underpass @ BNSF & Trent 249 - Sullivan & Wellesley Intersection Improv 273 - Barker/I-90 Interchange 275 - Barker Rd Widening - River to Euclid 285 - Indiana Ave Pres - Evergreen to Sullivan 286 - Broadway Preservation: Havana to Fancher 293 - 2018 CSS Citywide Reflective Signal BP 294 - Citywide Reflective Post Panels 299 - Argonne Rd Concrete Pavement Indiana to Mont. 300 - Pines & Mission Intersection Improvement 308 - Regional Decant Facility Canopy 309 - Local Access Streets: Barker Homes 311 - Sullivan Rd./SR 290 Interchange Project 313 - Barker Road/Union Pacific Crossing 314 - Balfour Park Frontage Improvements 315 - Brown's Park 2020 Improvements 316 - Balfour Park Improvements - Phase 1 317 - Appleway Stormwater Improvements 318 - Wilbur Sidewalk: Boone to Mission 320 - Sullivan Preservation: Sprague-8th 321 - Argonne Corridor Improvements- North of Knox 322 - City Hall Repairs 323 - Evergreen Road Preservation Project 326 - 2020 Citywide Reflective Post Panels 327 - Sprague Avenue Stormwater 328 - Sullivan Park Waterline 329 - Barker Road Imp- City Limits to Appleway 330 - WTSC 2021 School Zone Beacons 331 - COVID-19 Relief Funds 332 - NE Industrial Area - Sewer Extension 333 - Evergreen Rd Pres Broadway to Mission 334 - Sprague Ave Preservation 335 - Mission Ave over Evergreen Rd Deck Repair 338 - Loop Trail Project 339 - 2022 Local Access Streets: Summerfield E 340 - 8th Ave Sidewalk (Coleman to Park) 341 - Broadway Preservation- Fancher to Park 342 - 2022 School Zone Flashing Beacons 343 - Buckeye Avenue Sewer Extension 344 - Park Rd Sidewalk- Broadway to Cataldo 345 - Park Rd Sidewalk- Nora to Baldwin 346 - Bowdish Sidewalk 12th to 22nd 347 - Broadway and Park Intersection RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Cheisie Taylor, Finance Director ATTACHMENTS: Voucher Lists vchlist Voucher List Page: 1 01105/2023 12:17:24PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58774 1/5/2023 007136 AMAZON CAPITAL SERVICES INC 11 QH-QTXG-9R76 001.033.033.518 JANITORIAL SUPPLIES FOR CITY HALL 39.19 Total : 39.19 58775 1/5/2023 004046 AMERICAN ONSITE SERVICES 493132 001.076.300.576 PORTABLE RESTROOM: CENTERPLAC 156.59 Total : 156.59 58776 1/5/2023 000444 ARCTIC LIGHTING & ELECTRIC 777-RET 001.223.40.00 RETAINAGE RELEASE 1,470.00 Total : 1,470.00 58777 1/5/2023 007973 BARTLETT & WEST 1NC Service Chgs 11-30 001.033.033.518 SERVICE CHARGES 5.79 Total : 5.79 58778 1/5/2023 008053 CITY OF SPOKANE VALLEY, PETTY CASH RE1 NOVEMBER 2022 001.076.305.575 PETTY CASH: 15370 - CENTERPLACE 17.00 Total : 17.00 58779 1/5/2023 009155 CL1FTONLARSONALLEN LLP 3529549 001.090.331.514 ARPA PORTAL ONBOARDING FEE 5,717.25 Total: 5,717.25 58780 1/5/2023 007240 CONCENTRA MEDICAL CENTERS 77560911 001.018.016.518 EMPLOYEE PHYSICAL 111.00 Total: 111.00 58781 1/5/2023 009154 DOWNES, VIRGINIA BLD-2022-4758 001.040.043.322 PERMIT REFUND BLD-2022-4758 49.00 Total : 49.00 58782 1/5/2023 003274 EXCHANGE PUBLISHING LLC 665270 001.013.000.513 LEGAL PUBLICATION 53.25 665272 001.040.044.558 LEGAL PUBLICATION 59.25 665273 001.040.044.558 LEGAL PUBLICATION 86.90 665274 001.040.044.558 LEGAL PUBLICATION 84.53 665941 001.040.044.558 LEGAL PUBLICATION 68.73 665943 001.040.044.558 LEGAL PUBLICATION 57.67 665944 001.040.044.558 LEGAL PUBLICATION 64.78 665945 001.040.044.558 LEGAL PUBLICATION 82.16 665947 001.040.044.558 LEGAL PUBLICATION 60.83 Total : 618.10 58783 1/5/2023 005046 FASTSIGNS INV-4906 001.076.305.575 SIGNAGE FOR CENTERPLACE 298.93 Page: 1 vchlist 01105/2023 12:17: 24 P M Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58783 1/5/2023 005046 005046 FASTSIGNS 58784 1/5/2023 001447 FREE PRESS PUBLISHING INC 58785 1/5/2023 007671 HORROCKS ENGINEERS INC 58786 1/5/2023 004926 LE CATERING CO 58787 1/5/2023 008666 MINUTEMAN PRESS 58788 1/5/2023 004048 MOUNTAIN CONSULTING SVCS LLC 58789 1/5/2023 004850 NAVIA BENEFIT SOLUTIONS, HRAPLAN 58790 1/5/2023 000469 NORTHWEST PLAYGROUND EQUIP INC 58791 1/5/2023 008691 ODP BUSINESS SOLUTIONS LLC 58792 1/5/2023 008586 PACIFIC OFFICE AUTOMATION 58793 1/5/2023 000709 SENSKE LAWN & TREE CARE INC. (Continued) 53407 53408 53459 73930 E04151 7174 7225 7269 22-226 22-228 10549242 50689 282944314001 283161813001 283162096001 814813 001.040.044.558 001.040.044.558 001.016.000.521 001.040.044.558 001.076.301.571 001.076.305.575 001.076.301.571 001.076.305.575 001.040.043.524 001.040.043.524 001.018.016.518 001.076.300.576 001.076.301.571 001.018.016.518 001.018.016.518 001.018.014.514 13438945 101.042.000.542 Description/Account Amount LEGAL PUBLICATION LEGAL PUBLICATION RFP - STUDY POLICE CALLS PROFESSIONAL SERVICES Total : Total: Total: E04151 CHARCUTERIE BOARD CLASS Total : EVENT TENT FOR CENTERPLACE EVENT TENT FOR CENTERPLACE FLYERS FOR CENTERPLACE Total: PRE -DEMOLITION ASBESTOS SURVEti PRE -DEMOLITION ASBESTOS SURVE' Total: FLEX SPENDING ADMINISTRATION Total: SPLASH PAD PALM TREE FOR BROW \ Total: OFFICE SUPPLIES: CENTERPLACE OFFICE SUPPLIES: HR OFFICE SUPPLIES: HR COPIER COSTS: FINANCE Total: Total: 298.93 99.45 73.95 25.00 198.40 3,350.00 3,350.00 1,959.65 1,959.65 1,045.63 1,045.63 263.14 2,354.40 810.00 1,260.00 2,070.00 75.00 75.00 14,077.78 14, 077.78 56.82 22.09 16.25 95.16 130.44 130.44 871 CONTRACT FLAGGING 1,176.12 Page: 2 vchlist Voucher List Page: 3 01105/2023 12:17:24PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount Total : 1,176.12 58793 1/5/2023 000709 000709 SENSKE LAWN & TREE CARE INC. (Continued) 58794 1/5/2023 000230 SPOKANE CO AUDITORS OFFICE NOVEMBER 2022 #2 001.013.015.515 REMAINDER DUE FOR RECORDING FE 0.50 Total: 0.50 58795 1/5/2023 000419 SUMMIT LAW GROUP PLLC 141783 001.018.016.518 PROFESSIONAL SERVICES 6,122.50 Total : 6,122.50 58796 1/5/2023 003312 TAYLOR, CHELSIE EXPENSES 001.018.014.514 EXPENSE REIMBURSEMENT 19.25 Total : 19.25 58797 1/5/2023 007120 TSHIMAKAIN CREEK LABORATORY F000637- 001.076.300.576 ENVIRONMENTAL TESTING AT PARKS 30.00 Total : 30.00 58798 1/5/2023 002597 TWISTED PAIR ENTERPRISES LLC 1222023 001.011.000.511 BROADCASTING COUNCIL MTGS 1,102.00 Total : 1,102.00 58799 1/5/2023 008801 VELOCITI SERVICES 10657 001.076.305.575 MONTHLY CLEANING AT CENTERPLAC 8,085.09 Total : 8,085.09 58800 1/5/2023 008502 VOLUNTEERS OFAMERICAOF E, WASH & NC VOA 1014 001.040.042.565 VOA SHELTER BED REIMBURSEMENT: 1,800.00 Total : 1,800.00 58801 1/5/2023 000066 WCP SOLUTIONS 13053927 001.076.305.575 JANITORIAL SUPPLIES: CENTERPLACI 137.21 Total: 137.21 28 Vouchers for bank code : apbank Bank total : 51,266.35 28 Vouchers in this report Total vouchers : 51,266.35 Page: 3 vchlist Voucher List Page: 1 01106/2023 12:07:08PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58802 1 /6/2023 000508 CONOCOPHILLIPS FLEET 86051124 001.033.000.518 DECEMBER 2022 FLEET FUEL BILL 1,586.16 Total: 1,586.16 1 Vouchers for bank code : apbank Bank total : 1,586.16 1 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director or designee Council member reviewed: Date Mayor Date Council Member Date Total vouchers : 1,586.16 Page: vchlist 01110/2023 11:12:48A M Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58803 1/10/2023 000197 ACRANET 58804 1/10/2023 007136 AMAZON CAPITAL SERVICES INC 58805 1/1012023 008704 AMPLIFI ADVERTISING 58806 1/10/2023 008968 C.H. JOHNSON CONSULTING 58807 1/10/2023 004854 CAMTEK INC 58808 1/10/2023 000322 CENTURYLINK 58809 1 /10/2023 001888 COMCAST 58810 1/10/2023 002604 DELL FINANCIAL SERVICES LLC 58811 1/10/2023 009097 EVENTS BY JENNIFER EVANS 22142 1WN1-GNMP-76NV DECEMBER 2022 5421 59272 835B 12-14-2022 4668 12/17-1/16/23 2347924 2347925 2347926 2347927 2347928 2347929 2347930 2347934 2358420 2358421 12-31-2022 58812 1/10/2023 003274 EXCHANGE PUBLISHING LLC 666620 DescriptionlAccount Amount 001.018.016.518 EMPLOYEE BACKGROUND CHECKS Total : 001.033.033.518 JANITORIAL SUPPLIES: CITY HALL Total: 001.040.042.558 ADVERTISING 001.090.000.513 PROFESSIONAL SERVICES 001.016.016.521 SERVICE AT PRECINCT 001.076.302.576 2022 PHONE SVCS: ACCT 509-Z14-002 Total: 001.076.305.575 INTERNE? & PHONE: CENTERPLACE 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 Total : Total: Total : Total: COMPUTER LEASE: 001-8922117-016 COMPUTER LEASE: 001-8922117-017 COMPUTER LEASE: 001-8922117-013 COMPUTER LEASE: 001-8922117-014 COMPUTER LEASE: 001-8922117-015 COMPUTER LEASE: 001-8922117-018 COMPUTER LEASE: 001-8922117-019 COMPUTER LEASE: 001-8922117-022 F COMPUTER LEASE: 001-8922117-011 COMPUTER LEASE: 001-8922117-012 Total : 001.040.099.558 20TH ANNIVERSARY EVENT 001.040.044.558 LEGAL PUBLICATION Total : 74.00 74.00 155.29 155.29 33,940.00 33, 940.00 23, 575.00 23,575.00 441.05 441.05 545.82 545.52 396.21 396.21 409.12 487.24 986.47 142.36 176.20 650.20 52.40 13.56 806.27 266.20 3,990.02 3,187.50 3,187.50 79.79 Page: vchiist 01 /10/2023 11:12:48AM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice 58812 1/10/2023 003274 EXCHANGE PUBLISHING LLC 58813 1/10/2023 009156 FLYNN BEC LP 58814 1/10/2023 001447 FREE PRESS PUBLISHING INC 58815 1/10/2023 008453 KOTTKAMP, YEDINAK & ESWORTHY 58816 1/10/2023 007672 MULTICARE CENTERS OF 58817 1/10/2023 007133 PRUNTY, CAITLIN 58818 1/10/2023 000230 SPOKANE CO AUDITORS OFFICE 58819 1/10/2023 000405 SPOKANE VALLEY PARTNERS (Continued) 666622 667247 667248 095625 V53485 V53486 V53487 V53488 V53496 V53498 V53499 V53500 V53501 V53510 V53511 2895 2897 156022 EXPENSES DECEMBER 2022 12-2022 HHAAGRANT Fund/Dept 001.040.044.558 001.040.044.558 001.040.044.558 001.033.033.518 001.040.044.558 001.040.044.558 001.040.044.558 001.013.000.513 001.040.044.558 001.040.044.558 001.040.044.558 001.040.044.558 001.040.044.558 001.040.044.558 001.040.044.558 001.040.044.558 001.040.044.558 001.018.016.518 001.013.015.515 001.040.044.558 001, 040.042.565 Description/Account Amount LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total: SERVICE CALL RE ROOF LEAK: CITY F Total : LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION PROFESSIONAL SERVICES PROFESSIONAL SERVICES EMPLOYEE PHYSICAL EXAM EXPENSE REIMBURSEMENT RECORDING FEES HHAAGRANT FINAL 12-2022 Total : Total: Total: Total: Total : Total : 12,872.89 83.74 75.75 79.50 318.78 1,369.96 1,369.96 96.05 99.45 71.40 123.20 91.80 98.60 77.35 68.85 79.90 185.60 171.20 1,163.40 80.00 200.00 280.00 65.00 65.00 50.35 50.35 5,479.50 5,479.50 12,872.89 Page: r� vchlist 01/1012023 11:12:48A M Voucher List Spokane Valley Page: 3 Bank code : Voucher apbank Date Vendor 58820 1/10/2023 000065 STAPLES ADVANTAGE 58821 1/10/2023 008558 THE HOME DEPOT PRO 58822 1/10/2023 004740 THOMSON REUTERS-WEST 58823 1/10/2023 008463 TRUTH MINISTRIES OF SPOKANE 58824 1/10/2023 008801 VELOC1Ti SERVICES 58825 1/10/2023 008134 WINSTON & CASHATT, LAWYERS PS 23 Vouchers for bank code : apbank 23 Vouchers in this report Invoice Fund/Dept 3526948301 3526948305 3526948306 722943362 847608867 62027 10970 101128 101129 101678 001.040.043.558 001.040.043.558 001.040.043.558 001.033.033.518 001.013.015.515 001.040.042.565 001.033.033.518 001.013. 015.515 001.013.015.515 001.013.015.515 Description/Account Amount OFFICE SUPPLIES: BLDG, ECON DEV, OFFICE SUPPLIES: BLDG, ECON DEV, CREDIT RE OFFICE SUPPLIES: BLDG, Total : JANITORIAL SUPPLIES: CITY HALL Total : SUBSCRIPTION CHARGES Total: RESERVED BEDS: OCT 1 - DEC 31 202 Total: CLEANING SERVICES: CITY HALL Total: PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES Total: Bank total : Total vouchers : 315.59 78.23 -10.89 380.93 999.63 999.63 872.30 872.30 1,840.00 1,840.00 1,161.26 1,161.26 2,491.82 90.00 1,733.71 4,315.53 97,474.42 97,474.42 Page: vchlist 01/1012023 12:15:24PM Voucher List Spokane Valley Page: 1 Bank code : Voucher apbank Date Vendor Invoice Fund/Dept 58826 1/10/2023 000648 ABADAN REPROGRAPHICS 58827 1/10/2023 007136 AMAZON CAPITAL SERVICES INC 58828 1/10/2023 009071 BRADY, DAVIDALLAN 58829 1/10/2023 007637 COMMONSTREET CONSULTING LLC 58830 1/10/2023 007637 COMMONSTREET CONSULTING LLC 58831 1/10/2023 000326 CONSOLIDATED IRRIGATION #19 58832 1/10/2023 008140 CORRIDOR CONTRACTORS LLC 58833 1/10/2023 003255 DAY WIRELESS SYSTEMS 58834 1/10/2023 000734 DEPT OF TRANSPORTATION 58835 1/10/2023 003682 EPIC LAND SOLUTIONS INC 58836 1/10/2023 003274 EXCHANGE PUBLISHING LLC 58837 1/10/2023 008422 GMCO CORP DBA ROADWISE 132617 14KR-N4D.I-RNFW PARCEL 45231.2907 CSROW 22457 CSROW 22534 CSROW 22538 CSROW 22531 CSROW 22533 2286.0 DECEMBER 2022 22001-11 INV755616 RE-313-ATB21213140 1122-1272 665946 22-2500 309.000.316.594 001.090.000.518 303.000.320.595 314.000.223.595 314.000.223.595 303.000.329.595 403.000.320.595 303.000.320.595 001.075.305.575 101.000.000.542 101.042.000.543 101.043.000.542 303.000.300.595 309.000.316.594 101.000.000.542 DescriptionfAccount Amount CIP 0316 249.70 Total : 249.70 SMALL TOOLS/MINOR EQUIPMENT Total: CIP 0320; ROW ACQUISITION Total: 0223- PINES UNDERPASS 0223- PINES UNDERPASS 0329 BARKER RD IMPROVEMENTS Total: 0320 SULLIVAN PRESERVATION 320 SULLIVAN ROAD ROW SERVICES Total: UTILITIES: DECEMBER 2022 SNOW REMOVAL TOWER RENT BRIDGE INSPECTION 0300 PINES AND MISSION CIP 0316:ADVERTISING LIQUID MAG Total: Total : Total: Total: Total : Total : 99.42 99.42 18, 639.39 18,639.39 3,018.89 14,617.55 6,146.25 23,782.69 1,146.25 1,621.25 2,767.50 69.55 69.55 41,502,50 41,502.50 218.73 218.73 2,476.80 2,476.80 1,828.72 1,828.72 83.74 83.74 20, 215.81 Page: g)\ vchlist 01110/2023 12:15:24PM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58837 1/10/2023 008422 GMCO CORP DBA ROADWISE 58838 1/10/2023 002684 HINSHAW, CARI 58839 1/1012023 006381 LAWSON PRODUCTS INC 58840 1/10/2023 000662 NAIL BARRICADE & SIGN CO 58841 1/10/2023 003090 NORTH 40 OUTFITTERS 58842 1/10/2023 008798 NORTH FORK ENTERPRISES LLC 58843 1/10/2023 004621 ORE1LLYAUTOMOTIVE STORES INC 58844 1/10/2023 007730 ROYAL BUSINESS SYSTEMS 58845 1/10/2023 002520 RWC GROUP (Continued) 22-9111 22-9154 EXPENSES 9310201440 9310205386 213847 109427/3 PAY APP4 2862-229705 IN184732 XA106045246:01 XA106045246:02 XA106045307:01 XA106045436:01 XA106045505:01 XA106045654:01 XA106045654:02 XA106045657:01 XA108045782:01 XA106045925:01 101.000.000.542 101, 000, 000.542 001.018.014.514 101.000.000.542 101.000.000.542 101.042.000.542 101.000.000.542 303.000.318.595 101.000.000.542 001.040.043.558 Description/Account Amount TORCH RT - RED WINTER SOLAR ROA TORCH RT - RED WINTER SOLAR ROA Total : EXPENSE REIMBURSEMENT Total: VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT. SUPPLIES: Total: OPERATING SUPPLIES Total: VEHICLE REPAIR & MAINT. SUPPLIES: Total: 0318- WILBUR SID VEHICLE REPAIR DECEMBER 2022 EWALK PROJECT Total : & MAINT SUPPLIES: Total: COPIER COSTS Total: 101.000.000_542 VEHICLE REPAIR & MAINT. SUPPLIES: 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 101.042.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 101 000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES : 101,000,000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 4,681.34 4,734.43 29,631.58 39.19 39.19 171.19 265,07 436.26 117.61 117.61 114.33 114.33 1,915,21 1,915.21 121.88 121.88 209.06 209.06 676.94 116.88 52.98 263.29 1,154.14 62.32 229.05 123.13 859.22 505.79 Page: vchlist D 1 /10/2023 12:15:24PM Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58845 1/10/2023 002520 002520 RWC GROUP 58846 1/10/2023 000709 SENSKE LAWN & TREE CARE INC. 58847 1/10/2023 000405 SPOKANE VALLEY PARTNERS 55848 1/10/2023 007107 STANTEC CONSULTING SVCS INC 58849 1/10/2023 009153 SULLIVAN PROPERTY VENTURE LLC 58850 1/10/2023 001660 TITAN TRUCK EQUIP CO INC 58851 1/10/2023 007685 VALLEY LANDSCAPE SPOKANE INC 58652 1/10/2023 000980 WESTERN SYSTEMS INC 27 Vouchers for bank code : apbank 27 Vouchers in this report (Continued) 13497524 13497531 11-2022 HHAA GRANT 2022783 PARCEL 45231.3601 1336425 1336926 1339589 14639 0000054216 001.223.40.00 101.042.000.542 001.040.042.565 001.040.041.558 303.000.320.595 001.040.041.558 001.040.043.524 101.000.000.542 101.000.000.542 303.000.327.595 Description/Account Amount Total: 895 CONTRACT MAINTENANCE 895 CONTRACT MAINTENANCE Total: HHAA GRANT 11-2022 PROFESSIONAL SERVICES CIP 0320: ROWACQUISITION Total: Total: Total: VEHICLE REPAIR & MAINT. SUPPLIES VEHICLE REPAIR & MAINT. SUPPLIES VEHICLE REPAIR & MAINT SUPPLIES: Total: SNOW REMOVAL Total: 0327 SPRAGUE STORMWATER Total : Bank total : Total vouchers: 4,043.74 64,598.17 531.43 65,429.60 8,318.28 8,318.28 581.75 581.75 737.50 737.50 319.72 1,256.01 414.19 1,989.92 15,062.18 15,062.18 550.08 550.08 221,016.91 221,016.91 Page: /0 vchlist 0111112023 10:24:OOAM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept 58853 1/11/2023 000566 AGING & LONG-TERM CARE EA WA 58854 1/11/2023 001081 ALSCO 58855 1/11/2023 007136 AMAZON CAPITAL SERVICES INC 58856 1/11/2023 003076 AMSDEN, ERICA 58857 1/11/2023 008061 BUD CLARY FORD/HYUNDAI 58858 1/11/2023 002604 DELL FINANCIAL SERVICES LLC 58859 1/11/2023 000365 DEPT OF LICENSING 58860 1/11/2023 000365 DEPT OF LICENSING 58861 1/11/2023 000365 DEPT OF LICENSING 58862 1/11/2023 000007 GRAINGER 58863 1/11/2023 004801 INLAND NW ECONOMIC ALLIANCE 2023 LSP02597579 14NG-HDG6-179P 1XH6-V3VX--37N9 EXPENSES 3NS117 3NS875 2347931 2347932 2347933 2022 F250 2022 FORD F550 2022 FORD F150 9561082117 INEA2023 001.090.000.518 001.016.016.521 001.090.000.518 001.040.043.558 001.040.041.543 501.000.000.594 501.000, 000.594 001.090.000.548 001.090.000.548 001.090.000.548 101.042.000.543 101.000.000.542 101.042.000.543 001.033.000.518 001.040.042.558 Description/Account Amount FINANCIAL SUPPORT 2023 Total : FLOOR MAT SERVICE AT PRECINCT Total : FLASH DRIVES ICE SCRAPER FOR FORD EXPLORER Total : EXPENSE REIMBURSEMENT 2023 EN( Total: 2022 FORD F250 4WD 2022 FORD F150 4 WD VEHICLES, 202: Total: COMPUTER LEASE: 001-8922117-020 COMPUTER LEASE: 001-8922117-021 COMPUTER LEASE: 001-8922117-022 Total: LICENSING FOR 2022 F250 VIN# 1FT73 Total : LICENSING FOR 2022 FORD F550 VINO Total : LICENSING FOR 2022 FORD F150 VIN{! Total: SMALL TOOLS/MINOR EQUIPMENT: CI - Total : 12,020.00 12,020.00 30.43 30.43 38.19 31.57 69.76 116.00 116.00 34,845.18 38,479.83 73,325.01 636.01 502.76 409.53 1,548.30 61.75 61.75 61.75 61.75 61.75 61.75 256.79 256.79 INEA MEMBERSHIP & LIGHTCASTING I 2,133.80 Total : 2,133.80 Page: vchlist 01111 /2023 10:24:00A M Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58864 1/11/2023 008726 INTERMAX NETWORKS 58865 1/11/2023 000012 JOURNAL OF BUSINESS 58866 1/11/2023 005931 LOCHMILLER, ROSERT 58867 1/11/2023 000098 WA CITIES INSURANCE AUTHORITY 58868 1/11/2023 001885 ZAYO GROUP LLC 16 Vouchers for bank code : apbank 16 Vouchers in this report 235584 71117 2023 EXPENSES 15769 2023010003578 2023010005522 2023010025710 001.090.000.518 001.011.000.511 001.040.041.543 502.502.000.518 001.090.000.518 001.090.000.518 091.090.000.518 Description/Account Amount VOICE SERVICES Total : CUST ID 71117, 1 YR SUB, COUNCIL Total: EXPENSE REIMBURSEMENT: 2023 EN( Total : 2023 LIABILITY/PROGRAM ASSESSMEI Total : NETWORK INFRASTRUCTURE ACCES, INTERNET SERVICES NETWORK INFRASTRUCTURE ACCES. Total : Bank total : 673.92 673.92 54.95 54.95 116.00 116.00 574,035.00 574,035,00 302.45 655.80 270.17 1,228.42 665,793.63 Total vouchers : 665,793.63 vchlist 131/13/2023 1:22:43PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58869 1/13/2023 008462 ABSCO SOLUTIONS 58870 1/13/2023 001816 BENTHIN &ASSOCIATES 58871 1/13/2023 000815 BNSF RAILROAD CO 58872 1/13/2023 000734 DEPT OF TRANSPORTATION 58873 1/13/2023 000246 EAST SPOKANE WATER DIST#1 68874 1/13/2023 001232 FASTENAL CO 58875 1/13/2023 000007 GRAINGER 58876 1/13/2023 005205 GSC MEALS ON WHEELS 58877 1/13/2023 002201 HARBOR FREIGHT TOOLS 58878 1/13/2023 000313 INLAND ASPHALT COMPANY INC. RETAINAGE RELEASE 3786 90245519 RE-313-ATB21114064 RE-313-ATB21114073 RE-313-ATB21213064 DECEMBER 2022 IDLEW176699 IDLEW176852 9552603350 2022 #1 FINAL 1001470 362399004A 3623990046 362399004C 362399004D 362399004E 001.223.40.00 303.000.346.595 314.000.143.595 101.042.000.542 101.042.000,542 101.000.000.542 402.402.000.531 101.000.000.542 101.000.000.542 101.000.000.542 001.090.000.560 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 Description/Account Amount RETAINAGE RELEASE Total: 0346- BOWDISH SIDEWALK 12TH TO 2; Total CIP 0143; WBS 7062620 Total : REIMBURSE TRAFFIC SVCS REIMBURSE ROADWAY MAINTENANCI REIMBURSE ROADWAY MAINT/SNOW/ Total : WATER CHARGES Total : VEHICLE REPAIR & MAINT. SUPPLIES: VEHICLE REPAIR & MAINT SUPPLIES: Total: SAFETY EQUIPMENT Total : 2022 EDSS GRANT REIMBURSEMENT Total: VEHICLE REPAIR & MAINT. SUPPLIES: Total : SNOWPLOWING SNOWPLOWING SNOWPLOWING SNOWPLOWING SNOWPLOWING Total : 1,868.10 1,868.10 12,105.00 12,105.00 35,978.05 35,978.05 7,511.18 4,029,09 30,466.93 42,007.20 493.20 493.20 243.94 79.38 323.32 46.94 46.94 18,408.00 18,408.00 43.52 43.52 1,440.00 10,502.42 17,241.09 9,154.08 15,832.80 54,170.39 Page: --4- J3 vchlist Voucher List Page: 2 01/13/2023 1:22:43PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58879 1/13/2023 000070 INLAND POWER & LIGHT CO DECEMBER 2022 101.042.000.542 UTILITIES: DECEMBER 2022 556.86 Total: 556.86 58880 1113/2023 002466 KENWORTH SALES COMPANY 016P25210 101.000.000.542 VEHICLE REPAIR & MAINT SUPPLIES: 987.00 016P25311 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 110.07 016P25319 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 265.72 016P25717 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 48.54 Total: 1,411.33 58881 1/13/2023 003238 KPFF CONSULTING ENGINEERS 450616 314,000,311.595 PROJECT 311 PHASE 1 ANALYSIS 17,385.43 Total : 17,385.43 58882 1/13/2023 000132 MODERN ELECTRIC WATER CO 20679844 001.033.034.518 UTILITIES: DECEMBER 2022 WHITE EL 453.16 20680041 101.042.000.542 UTILITIES: DECEMBER 2022 CPW 14,076.66 20680042 001.076.302.575 UTILITIES: DECEMBER 2022 PARKS 1,927.65 Total : 16,457.47 58883 1/13/2023 000662 NAT'L BARRICADE & SIGN CO 213818 303.000.326.542 0326-2020 CITYWIDE RETROREFLECI 16,830.69 Total : 16,830.69 58884 1/13/2023 004621 OREILLYAUTOMOTIVE STORES INC 2862-219461 101.000.000.542 VEHICLE REPAIR & MAINT SUPPLIES: 31.34 2862-228825 191.042.000.542 VEHICLE REPAIR & MAINT SUPPLIES 157.18 2862-229178 101.042.000.542 VEHICLE REPAIR & MAINT. SUPPLIES 143.65 2862-229796 101.042.000.542 CREDIT MEMO: ORIGINAL INVOICE # 2 -10.89 2862-230004 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 46.48 2862-230315 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 124.08 2862-231385 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 40.71 2862-231847 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 17.40 2862-232003 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 7.26 2862-232009 101.042.000.542 CREDIT MEMO: ORIGINAL INVOICE #2I -121.48 Total : 435.73 58885 1/13/2023 002531 SIX ROBBLEES INC 05P23273 001.040.041.558 VEHICLE REPAIR & MAINT. SUPPLIES 41.12 Total : 41.12 58886 1/13/2023 000001 SPOKANE CO TREASURER 9020100799 001.090.000.514 2022 VOTER REGISTRATION 97,033.22 Total : 97,033.22 Page: I2+ vchlist Voucher List Page: 3 0111312023 1:22:43PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58887 1/13/2023 000404 SPOKANE VALLEY HERITAGE MUSEUM 2022 #17 105.000.000.557 2022 LTAX GRANT REIMBURSEMENTS 2,879.28 2022 #18 105.000.000.557 2022 LTAX GRANT REIMBURSEMENT 1,053.64 Total : 3,932.92 58888 1/1312023 000257 STATE AUDITOR'S OFFICE L150777 001.090.000.514 SAO AUDIT OF 2021 16,973.10 L151256 001.090.000.514 SAO AUDIT OF 2021 1,509.30 L151811 001.090.000.514 SAO AUDIT OF 2021 2,253.95 Total : 20,746.35 58889 1/13/2023 000335 TIRE-RAMA 804 0026684 101.000.000.542 TIRE MOUNTING: SNOW FLEET 2,589.97 Total : 2,589.97 58890 1/13/2023 000167 VERAWATER & POWER DECEMBER 2022 101.042.000.542 UTILITIES: DECEMBER 2022 4,906.51 Total : 4,906.51 58891 1/13/2023 007156 WIDENER & ASSOCIATES 786 303.000.329.595 329 BARKER RD IMPROVEMENTS 2,563.20 Total : 2,563.20 18967670 1/4/2023 000001 SPOKANE CO TREASURER DECEMBER 2022 001.016.000.512 SPOKANE COUNTY SERVICES 191,727.71 Total : 191,727.71 24 Vouchers for bank code : apbank Bank total : 542,062.23 24 Vouchers in this report Total vouchers : 542,062.23 vchlist 01/1312023 2:08:57P1V1 Voucher List Spokane Valley Page: 1 Bank code : Voucher apbank Date Vendor Invoice 58892 1/13/2023 006767 ATLAS INTEGRATED 58893 1/13/2023 000277 AWC 58894 1/13/2023 007927 CLARK, JERREMY 58895 1/13/2023 009151 COMMUNITYLOGIQ SOFTWARE INC 58896 1/13/2023 000421 HOHMAN, JOHN 2019-13930 105964 EXPENSES 1112 JANUARY 2023 58897 1/13/2023 000086 INLAND EMPIRE UTILITY, COORDINATING CO 2023 58898 1/13/2023 007994 INLAND NW PARLIAMENTARY LAW 58899 1/13/2023 006381 LAWSON PRODUCTS INC 58900 1/13/2023 007113 MICRO TECHNOLOGY SERVICES INC 58901 1/13/2023 000997 OT1S ELEVATOR COMPANY 58902 1/13/2023 008840 PARK SPOKANE NC LLC 58903 1/13/2023 000202 SRCAA 58904 1/13/2023 001083 STANDARD PLBG HEATING CONTROLS 2023 MEMBERSHIP 9310222421 00928477 100401012483 JANUARY 2023 18912 37989 Fund/Dept 001.076.305.575 001.011.000.511 101.042.000.542 101.042.000.542 001.013.000.513 101.042.000.542 001.040.043.558 101.000.000.542 001.090.000.518 001.076.305.575 101.042.000.543 001.090.000.553 001.076.305.575 Description/Account Amount HOSTING & SYSTEM MAINTENANCE: t Total : Total: Total: Total: Total: Total: 2023AWG CITY MEMBERSHIP EXPENSE REIMBURSEMENT SOFTWARE LICENSING FEES MONTHLY AUTO ALLOWANCE 2023 UTILITY MEMBER DUES 2023 MEMBERSHIP DUES: D. HORTON Total: VEHICLE REPAIR & MAINT. SUPPLIES: Total: LYNX SYSTEM SUPPORT Total : 2023 ELEVATOR SERVICE CONTRACT. Total: COMMON AREA CHARGES 1ST QTR 2023 ASSESSMENT Total: Total: 187.50 187.50 76,145.00 76,145.00 280,00 280.00 12,500.00 12,500.00 700.00 700.00 9,297.00 9,297.00 24.00 24.00 86.02 86.02 2,750.00 2,750.00 2,061.35 2,061.35 164.50 164.50 48,319.06 48,319.06 2023 SOFTWARE MAINTENANCE CON. 203.28 Page: vchlist Voucher List Page: 2 01/13/2023 2:08:57PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 58904 1/13/2023 001083 001083 STANDARD PLBG HEATING CONTROLS (Continued) Total : 203.28 13 Vouchers for bank code : apbank Bank total : 152,717.71 13 Vouchers in this report Total vouchers : 152,717.71 I, the undersigned, de certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim Is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director or designee Council member reviewed: Date Mayor Date Council Member Date Page: 11 vchlist 01/1712023 11:24:31AM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 58905 1/17/2023 003337 ARROW CONSTRUCTION SUPPLY INC 58906 1/17/2023 009065 COUNTRY VIEW LANDSCAPE LLC 58907 1/17/2023 002157 ELJAY OIL COMPANY 58908 1/17/2023 007740 EVERGREEN STATE TOWING LLC 58909 1/17/2023 003274 EXCHANGE PUBLISHING LLC 58910 1/17/2023 001447 FREE PRESS PUBLISHING INC 58911 1/17/2023 008422 GMCO CORP DBA ROADWISE 58912 1/17/2023 000388 IRVIN WATER DIST. #6 58913 1/17/2023 007709 MDM CONSTRUCTION GROUP INC 58914 1/17/2023 008666 MINUTEMAN PRESS 358282 358491 358562 239680 239716 239724 4336822 68693 69323 69467 666621 V53507 22-2568 22-2606 22-9368 DECEMBER 2022 11103 7307 101.000.000.542 101.042.000.542 101.042.000.542 101.000.000.542 101.000.000.542 101.000.000.542 001.040.041.543 001.076.300.576 101.000.000.542 101.000.000.542 309.000.316.594 309.000.316.594 101.000.000.542 101.000.000.542 101.000.000.542 001.076.300.576 101.000.000.542 001.090.000.519 Description/Account Amount SMALL TOOLS/MINOR EQUIPMENT REPAIR & MAINT. SUPPLIES: STREET PATCH EZ STREET - SUPER SACKS Total: SNOW SERVICES SNOW SERVICES SNOW SERVICES Total : FUEL FOR MAINTENANCE SHOP VEH1l Total: TOWING SERVICE TOWING SERVICE TOWING SERVICE CIP 0316: ADVERTISING CIP 0316: ADVERTISING Total Total: Total: LIQUID MAG LIQUID MAG TORCH RT - RED WINTER SOLAR ROA Total: UTILITIES: PARKS AND CPW DECEMBE Total: SNOW REMOVAL ENVELOPES Total: 103.08 914.48 914.48 1,932,04 600.00 4,462.50 2,850.00 7,912.50 20,612.78 20,612.78 178.76 393.49 607.13 1,179.38 79.50 79.50 188.80 188.80 6,742.55 19,777.59 4,699.04 31,219.18 192.00 192.00 42,320.00 42,320.00 572.35 Page: vchlist Voucher List Page: 2 01/1712023 11:24:31AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 58914 1/17/2023 008666 008666 MINUTEMAN PRESS (Continued) Total : 572.35 58915 1/17/2023 002203 NAPAAUTO PARTS 0538-156318 101.000.000.542 VEHICLE REPAIR & MAINT. SUPPLIES: 21.93 Total : 21.93 58916 1/17/2023 005049 PEDERSON, MICHAEL ROY DECEMBER 2022 101.042.000.542 DEAD ANIMAL REMOVAL 900.00 Total : 900.00 58917 1/17/2023 001089 POE ASPHALT PAVING INC. 47153 101.000.000.542 WINTER SNOW REMOVAL 2022-2023 S 68,670.50 RETAINAGE RELEASE 101.223.40.00 RETAINAGE RELEASE 85,124.83 Total : 153,795.33 58918 1/17/2023 009107 POE ENTERPRISES INC 501562 101.000.000.542 SNOW REMOVAL 3,000.00 Total : 3,000.00 58919 1/17/2023 005968 PRECISE MRM LLC 200-1040566 101.000.000.542 DATA PLAN 299.75 Total : 299.75 58920 1/17/2023 000709 SENSKE LAWN & TREE CARE INC. 13497536 402.402.000.531 895 CONTRACT MAINTENANCE 7,154.22 Total : 7,154.22 58921 1/17/2023 004535 SHRED -IT USA LLC 8003051790 001.090.000.518 DOCUMENT DESTRUCTION 165.15 Total : 165.15 58922 1/17/2023 000459 SPOKANE CO TITLE CO 5-SP36454 303.000.320.595 CIP 0320: RECORDING FEE 217.50 Total: 217.50 58923 1/17/2023 000065 STAPLES ADVANTAGE 3526948308 001.090.000.518 KITCHEN SUPPLIES 104.42 3526948310 001.090.000.518 KITCHEN SUPPLIES 353.57 Total : 457.99 58924 1/17/2023 000038 WASTE MANAGEMENT OF SPOKANE 0077104-1518-8 402.402.000.531 VACTORING WASTE DECEMBER 2022 5,436.42 Total : 5,436.42 58925 1/17/2023 002363 WESTERN STATES EQUIPMENT CO IN002251482 101.000.000.542 GRADER RENTAL 6,573.79 Total : 6,573.79 58926 1/17/2023 000842 WM WINKLER COMPANY 22038-1003 101.000.000.542 SNOW REMOVAL 32,431.00 Page: id vchlist Voucher List Page: 3 01117/2023 11:Z4:31AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 58926 1/17/2023 000842 000842 WM VVINKLER COMPANY (Continued) Total : 32,431.00 22 Vouchers for hank code: apbank Bank total : 316,661.61 22 Vouchers in this report Total vouchers : 316,661.61 I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director or designee Council member reviewed: Date Mayor Date Council Member Date Page: -)3+ Do vchlist 01117/2023 2:28:25PM Voucher List Spokane Valley Page: 1 Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept 9846 1/17/2023 009164 GOODNIGHT, GREG 9847 1/17/2023 009163 GORMAN, SHELBY 9848 1/17/2023 009162 KURTZ, VALERIE 9849 1/17/2023 009167 KUSHNIR, MYKOLA 9850 1/17/2023 009168 MEDICAL LAKE HIGH SCHOOL 9851 1/17/2023 009165 MISSLER, MESHELL 9852 1/17/2023 009166 MUSSELWHITE, JENNIFER 9853 1/17/2023 009149 SPOKANE AREA RETIRED EDUCATORS 9854 1/17/2023 001627 STCU 9 Vouchers for bank code : pk-ref 9 Vouchers in this report PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND Description/Account Amount 001,237.10.99 DEPOSIT REFUND: 001.237.10.99 DEPOSIT REFUND: 001.237.10,99 DEPOSIT REFUND: 001.237.10.99 DEPOSIT REFUND: 001.237.10.99 CANCELLATION RE 001,237.10.99 DEPOSIT REFUND: 001.237.10.99 001.237.10.99 001.237.10, 99 FIRESIDE LOUNGE Total : FIRESIDE LOUNGE Total: FIRESIDE LOUNGE Total : GREAT ROOM Total: FUND: GREAT ROC Total: FIRESIDE LOUNGE Total: WINTER DAY CAMP REFUND Total: DEPOSIT REFUND: GREAT ROOM Total : DEPOSIT REFUND: ROOM 205 Total: Bank total : Total vouchers 210.00 210.00 210.00 210.00 210,00 210.00 500.00 500.00 210.00 210.00 435.00 435.00 140.00 140.00 210.00 210.00 52.00 52.00 2,177.00 2,177.00 Page: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending January 15, 2023 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET/FINANCIAL IMPACTS: Employees Council Total Gross: $ 274,837.30 $ - $ 274,837.30 Benefits: $ 73,643.96 $ - $ 73,643.96 Total payroll $ 348,481.26 $ $ 348,481.26 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri Draft MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, January 3, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Pam Haley, Mayor Rod Higgins, Deputy Mayor Tom Hattenburg, Councilmember Brandi Peetz, Councilmember Laura Padden, Councilmember Ben Wick, Councilmember Arne Woodard, Councilmember Staff John Hohman, City Manager Erik Lamb, Deputy City Manager Cary Driskell, City Attorney Tony Beattie, Sr. Deputy City Attorney Bill Helbig, Community & Public Works Dir. Jerremy Clark, Traffic Engineering Manager Dave Ellis, Police Chief John Bottelli, Parks & Rec Director Gloria Mantz, City Engineer Morgan Koudelka, Sr. Administrative Analyst Mike Basinger, Economic Dev. Director Eric Robison, Housing & Homeless Coordinator Emily Estes -Cross, Public Information Officer John Whitehead, Human Resources Manager Chad Knodel, IT Manager Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Higgins, seconded, and unanimously agreed to approve the agenda. GENERAL PUBLIC COMMENT OPPORTUNITY: After explaining the process, Mayor Haley invited public comment. Ms. Jennifer Wilcox, Spokane Valley [via zoom]: said she appreciates the work Council and staff have done regarding the homeless and housing, and appreciates Eric Robison and the outreach team; said she has been following these issues for several years and that Mr. Robison is doing a great job in helping people and businesses address the concerns. Mr. Dan Allison, Spokane Valley: spoke about shopping carts stacking up at various areas, including intersections; said that many carts are from Wal-Mart but that he thought they were going to put stops on the carts so the cart couldn't leave the area, like Rosauer's has done; said he called the Homeless Director twice in the last week but hasn't heard back; said something needs to be done. Mr. John Harding, Spokane Valley: mentioned his concern with a rash of incidents in the northwest and all over the United States with attacks on our infrastructure; said there were over 100 attacks in the US over last year and he urged Council to look into an emergency preparedness plan and to be pro -active; also mentioned the Fire Department and response times for them as well as the ambulance companies. ACTION ITEM: 1. Mayoral Appointments Tourism Promotion Area Commission — Mayor Haley, Mike Basinger It was moved by Deputy Mayor Higgins and seconded to confirm the following Mayoral appointments to the Spokane Valley TPA Commission: (1)Midscale: Sarai Fesler, Residence Inn for a two-year term; (2) Midscale: Amanda Alcamo, Oxford Suites for a two-year term; (3) Midscale: Grant Guinn, Tru by Hilton Council Meeting Minutes, Study Session: 01-03-23 Page 1 of 3 Approved by Council: Draft for a three-year term; (4) Upper Midscale: Bernadette Crain, Hampton Inn, for a three-year term; and (5) Full Service: Lee Cameron, Mirabeau Park Hotel, for a three-year term; all terms begin upon appointment. Mr. Basinger said this is our City's first tourism promotion commission; that he had some conversations with Mr. Guinn of Tru by Hilton; said everything is as it should be but we may be adjusting some of those scales in the future. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. NON -ACTION ITEMS: 2. Spokane Conservation District Drainage Easement — Bill Helbig Director Helbig introduced Ms. Vicki Carter, Director of the Spokane Conservation District. Ms. Carter gave a briefing on the District and what they do; said they have a new facility on 8t11 and Havana and she encouraged all to come visit. Director Helbig then explained the background of this drainage easement acquisition and that staff have been working over the last several years to identify and acquire property rights for some city facilities that are needed, and one is the drainage system; said that two Spokane Conservation District parcels are affected; he mentioned the 2022 appraisal, acquisition cost, easement terms, and that staff is seeking Council consensus to have this brought back at a future meeting for action to finalize and execute the easement. As further background, City Manager Hohman said that these were platted lots that didn't have infrastructure in place at the time they were platted back in the early 1900's; that a developer came in and did a lot of work, but his company went under and he skipped the Country and that is the timeframe this started happening; that the property went to foreclosure, and we have been slowly trying to clean it up. Mr. Helbig said the pipeline is in good condition and we will have easements on all systems that collect public water. There was Council consensus to move this forward for a future motion consideration. 3. Master Speed Limit Amendments — Jerremy Clark Mr. Clark said that one of his roles is to establish and adjust speed limits; and he gave some background on the proposed changes to the Master Speed Limit Schedule. Councilmember Wick asked about the new Oak School and Mr. Clark said the school is currently on two separate roadways, but he will verify. There was Council consensus to move this forward for a future motion consideration. 4. Interlocal Agreement for Data Processing Services — Morgan Koudelka, Erik Lamb Mr. Lamb explained that the purpose of this amended agreement is to add back some very specific GIS (geographic information system) services. Mr. Koudelka then explained about us moving GIS services in- house, and that we recently learned that the Spokane County GIS department has been adding enhanced information to GIS mapping layers to assist emergency services' response to calls for service; that the enhanced services include such things as providing building locations and numbers, apaituient locations, driveway and gate access locations, to allow emergency services to quickly access the property or structure associated with the call. Mr. Koudelka said that in 2019, Spokane County GIS began invoicing Spokane Regional Emergency Communications (SREC) for this specialized GIS service and that recently SREC indicated that this service relates to development activity of individual jurisdictions and that SREC should not be responsible for this service; and that SREC determined that they were not willing to pay the County to carry out this specialized GIS service. However, Mr. Koudelka explained, to prevent interruption of this vital piece of information being provided to emergency services, staff recommends adding this service to the interlocal agreement for data processing services provided by Spokane County; he noted the cost is relatively small at approximately $1,000 to $1,200 per month; and if approved by Council, staff will explore cost recovery options through partnerships with the fire districts or by passing costs through to permit fees. There was Council consensus to move this forward for a future motion consideration. 5. Homelessness Update — Eric Robison Mr. Robison stated that tonight's goal is to provide information, and via his PowerPoint gave some data on the homelessness/unstable housing including some key findings from a housing instability survey as well Council Meeting Minutes, Study Session: 01-03-23 Page 2 of 3 Approved by Council: Draft as findings from the Outreach Team's data collection. Mr. Robinson also briefly talked about the area shelter system, the Department of Commerce funding and Camp Hope, with data showing as of early December that the camp had just under 200 individuals compared with over 600 during the summer. He also talked about exploring a regional approach, three primary goals of our Action Plan, and identified critical needs in the plan. Mr. Robinson discussed our agreement and associated costs with Hope House, and that our cost for two beds would be nearly four times the rate per bed that we paid in 2022, and that we will contract for one respite bed in 2023. He explained that a respite bed cost includes three meals a day, case management, substance use professional on -site, bus passes, medical and tele-medicine and all other ancillary costs. Mr. Lamb said that staff will be asking for guidance in the future on how to prioritize our limited funds as our Plan doesn't address that at this point. There was some discussion about not duplicating resources, focus on prevention, what seemed to have worked in Houston, that we don't want to incentivize people to be homeless, and that rules and regulations must be included. Mr. Hohman added that as staff works on finalizing the Action Plan, we will need to come up with reasonable goals for Council's review; said the environment here is difficult as we deal with legislative issues such as drug possession, building costs, and other legislative issues on our legislative agenda, which he noted we will be advocating for as the session starts next week. Mr. Hohman said this will come before Council again soon and that one of the issues to examine will be a regional plan. 6. Annexation Update — Mike Basinger Mr. Basinger went through his PowerPoint briefly explaining the various annexation methods, and mention of next steps, such as identifying development potential in annexation areas, analyzing the fiscal and service impacts of annexation, and capital infrastructure assessment. He stated staff will perform some preliminary analysis to look at current land uses, then move to a financial analysis to see if the areas in question would pay for themselves; that he will come back with a detailed analysis, and he asked what would Council like as its focus. Mr. Hohman said that as Mr. Basinger works through the analysis, it is possible there are areas within the exiting UGA that should not be there and that perhaps a trade could be made; said staff has identified an area to the south for consideration, as well as some areas adjacent to SR 27, and that staff will give a closer look at potential areas. Councilmember Wick said he prefers looking at areas heavily dependent on the ability for being developed, and not residential since residential areas would be cash absorbers. Mr. Basinger said that more preliminary information will be forthcoming. 7. Advance Agenda — Mayor Haley There were no suggested changes to the Advance Agenda. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS Mr. Hohman said that the federal omnibus package passed the House and the Senate; that we have two projects in for Congressionally directed spending: $2.65 million for the design of Sullivan/Trent; and $5 million for the Pines GSP so we now have sufficient funds to get that moving. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:34 p.m. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Study Session: 01-03-23 Page 3 of 3 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Formal Meeting Tuesday, January 10, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Pam Haley, Mayor Rod Higgins, Deputy Mayor Tim Hattenburg, Councilmember Laura Padden, Councilmember Brandi Peetz, Councilmember Ben Wick, Councilmember Arne Woodard, Councilmember Staff John Hohman, City Manager Erik Lamb, Deputy City Manager Cary Driskell, City Attorney John Bottelli, Parks & Recreation Director Bill Helbig, Community & Public Works Dir. Gloria Mantz, City Engineer Tony Beattie, Deputy City Attorney Chelsie Taylor, Finance Director Jerremy Clark, Engineering Manager Chaz Bates, Planning Manager Levi Basinger, Planner Dave Ellis, Police Chief Chad Knodel, IT Manager Emily Estes -Cross, Public Information Officer John Whitehead, Human Resources Director Virginia Clough, Legislative Policy Coordinator Greg Bingaman, IT Specialist Christine Bainbridge, City Clerk INVOCATION: Pastor Lyle Menasco of Sun City Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Wick: regarding FMSIB (Freight Mobility Strategic Investment Board), said work continues on a recommended list of projects for the 2023-2025 funding years. Councilmember Woodard: reported that the Continuum of Care Board is working to confirm all accepted appointment nominations made at the previous meeting and to go over some wording in a Memorandum of Understanding that was to end December 31, adding that he wasn't aware of the meeting so did not attend as it was called unexpectedly. Councilmember Hattenburg; said that he attended the STA (Spokane Transit Authority) meeting and said sales tax revenue was up by about 7.6% for the year and that ridership is about 80% of pandemic level; and the New City launch is scheduled for mid July; said he also attended the swearing in of newly elected County Sheriff Nowels. Councilmember Padden: said that Officer Sparber was elected chair of the Spokane Regional Law and Justice Council; that meetings had been held quarterly and will now be held monthly until at least June when they will re -assess; said the community advocate position remains open as only one person had Council Meeting Minutes, Formal: 01-10-2023 Page 1 of 4 Approved by Council: DRAFT applied and they were hoping to get more applicants; that at the next meeting they will discuss the blueprint for reform; mentioned the educational programs in the jail system and said Geiger has re-established a few but not all due to over -crowding. Councilmember Peetz: said she attended a couple sub -committee meetings as part of the Washington Traffic Commission and the 9-1-1 Boards she sits on and that they are working through legislation and she will have more to report later; that she attended the swearing in ceremony of the New Commissioners and as well as the new Sheriff. Deputy Mayor Higgins: said he had no report. MAYOR'S REPORT Mayor Haley had no report and mentioned that many boards do not meet in December. PROCLAMATIONS: Martin Luther King, Jr. Day Mayor Haley read the proclamation for Martin Luther King Jr. Day. GENERAL PUBLIC COMMENT OPPORTUNITY: After explaining the process, Mayor Haley invited public comments. Mr. Dan Allison, Spokane Valley: said he appreciated City Street Superintendent Shane Arlt taking care of the shopping carts and associated garbage on the corner of Sullivan and Mission and that the neighborhood is now happy; said about one and a half years ago he worked at the medical state hospital and that the building has been vacant for some time; that it has about 300 rooms and bathrooms and showers and might be something to look into for the homeless. There were no other public comments. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of Claim Vouchers on Jan 10, 2023, Request for Council Action Form: $3,268,685.29 b. Approval of Payroll for Pay Period ending December 15, 2022: $629,967.29 c. Approval of Payroll for Pay Period ending December 31, 2022: $675,433.00 d. Approval of Council Meeting Minutes of December 13, 2022 Formal Meeting Format e. Approval of Council Meeting Minutes of December 20, 2022 Study Session Format It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the Consent Agenda. 2. Resolution 23-001 Amending Master Speed Limit Schedule — Jerremy Clark It was moved by Deputy Mayor Higgins and seconded to approve Resolution #23-001 repealing and replacing Resolution 22-011, and amending the Master Speed Limit Schedule. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 3. Motion Consideration: Spokane Conservation District Drainage Easement — Bill Helbig It was moved by Deputy Mayor Higgins and seconded to authorize finalization of the Spokane Conservation District drainage easement and complete associated transactions. After a brief explanation from Mr. Helbig of the purpose of the easement, Mayor Haley invited public comment. No comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 4. Motion Consideration: GIS Interlocal Agreement — Erik Lamb It was moved by Deputy Mayor Higgins and seconded to authorize and approve the amended Interlocal Agreement for Data Processing Services and authorize the City Manager to finalize and execute the amended agreement in substantially the form provided. After a brief explanation by Mr. Lamb of the changes to the interlocal agreement, Mayor Haley invited public comment. No comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. Council Meeting Minutes, Formal: 01-10-2023 Page 2 of 4 Approved by Council: DRAFT 5. Mayoral Appointments: Councilmembers to Committees — Mayor Haley Mayor Haley explained that the changes shown on the revised Request for Council Action are as a result of some committee member's tenure not yet expiring. It was moved by Deputy Mayor Higgins and seconded to confirm the Mayoral appointments of Councilmembers to the committees and boards as listed on the revised January 10, 2023 Request for Council Action form. Councilmember Wick said we never received anything from Visit Spokane formally removing us from the board and asked about putting someone back on that board to see what happens. Mr. Hohman said staff will contact Visit Spokane and get an updated status on that board position. Councilmember Wick said he would like to remain on that Board if Visit Spokane still has an opening for us, and there was general agreement Councilmember Wick should continue attending those meetings until we have confirmation about an opening. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins and Councilmembers Peetz, Padden, Hattenburg, and Woodard; Opposed: Councilmember Wick. Motion passed. 6. Mayoral Appointments- Planning Commission — Mayor Haley It was moved by Deputy Mayor Higgins and seconded to confirm the Mayor's nomination of Daniel Wilson and Valeri Dimitrov to the Planning Commission for terms beginning immediately and ending December 31, 2025. Mayor Haley invited public comment. No comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 7. Mayoral Appointments: LTAC Committee — Mayor Haley It was moved by Deputy Mayor Higgins and seconded to confirm the Mayoral appointments to the Lodging Tax Advisory Committee of Grant Guinn representing a member authorized to collect the tax; and of Kary Gibbs representing a member involved in activities authorized to be funded by the tax, with each of their terms beginning immediately upon appointment and expiring December 31, 2024. Mayor Haley invited public comment. No comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. ADMINISTRATIVE REPORT: 8. Graffiti Abatement Program — Erik Lamb Deputy City Manager Lamb explained that last fall we received $3,000 to be used as part of the cleanup, for purchase of graffiti removal supplies; said staff would like to put together a pilot program to see how we can provide ongoing graffiti abatement, and to see how far the supplies will last; said we would be working with groups to see how best to do that on public and private property, and that SCOPE has identified eight volunteers ready to run this program and work with businesses; said we will get consent forms to be able to go on the property and do the painting; and that complaints about graffiti will come through Crime Check. Mr. Lamb also noted that City Street Superintendent Shane Arlt will purchase the supplies, and we have contracted with Revival to remove the graffiti on public property likes bridges. Mr. Lamb said they will keep statistics on this project and report back to Council once we know how it is working, and he extended thanks to SCOPE Director Chris Conway for her work on this project. 9. Street Vacation 22-0003, 16t11 Ave & University Road — Levi Basinger After Planner Basinger went over the proposed street vacation, there were no objections from Council to bring this forth next week for an ordinance reading. 10. City Domain Name — Chad Knodel IT Manager Knodel explained about the proposed change of the City's domain name as explained on his Request for Council Action, and Council had no objections to staff proceeding as proposed. 11. Code Text Amendment, Credit Card Use — Bill Helbig Director Helbig stated that when the section of our municipal code was last amended, the credit limits were $10,000 per account; however, several times during the year some of the credit accounts approach this limit, especially during the winter months when fuel costs tend to hover around the limit. Mr. Helbig said staff Council Meeting Minutes, Formal: 01-10-2023 Page 3 of 4 Approved by Council: DRAFT proposes raising the credit limit to $25,000 which will provide adequate limits for approving the normal operations in the purchase of necessary goods, equipment and supplies while still providing oversight and direction from department heads and the City Manager. Council had no objections for staff proceeding as proposed. 12. Memorandum of Understanding Legal Services — Cary Driskell City Attorney Driskell stated that this is in reference to Spokane's attempt to collect utility taxes on customers of its municipal wastewater treatment facility, as noted on his Request for Council action form. Council had no objections to staff bringing this forward on the next consent agenda for Council approval consideration. 13. Advance Agenda — Mayor Haley There were no suggested changes to the Advance Agenda. 14. Hearing Examiner 2022 Annual Report This item was for information only and was not reported or discussed. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS City Manager Hohman said there are three letters at the Council dais, to go to the federal delegation to thank them for their work in obtaining appropriations for our Pines Road/BNSF Grant Separation Project, and the Sullivan Trent Interchange Project, and he asked that Councilmembers take a few moments to read the letters, and if there are no objections, we would like the Mayor to sign the letters and staff will deliver them to the delegation. After Councilmembers took a few minutes to review the letters, where were no objections that the Mayor sign the letters and staff deliver them. Mr. Hohman also mentioned that we received notice that the Sullivan Trent project has been slated for an additional award, with award funds split between years 2023 and 2024; and that he asked City Engineer Manager Jackson to tally the total amount of awards on this project, and it totals to almost $6.6 million; and said with momentum moving on this project, that we will also recommend the City apply for a RAISE grant. EXECUTIVE SESSION: [RCW '12.30.110(1)(b)] Potential Acquisition of Real Estate Previously removed from the agenda. Proposed Motion: I move that Council adjourn into executive session for approximately 20 minutes to discuss potential acquisition of real estate and that no action will be taken upon return to open session. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 6:46 p.m. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Formal: 01-10-2023 Page 4 of 4 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: El Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Memorandum of Understanding with Spokane County re: payment of legal fees related to City of Spokane proposed wastewater utility tax. GOVERNING LEGISLATION: RCW 39.35.080; RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: Administrative report January 10, 2023. BACKGROUND: In early 2020, the City Council for the City of Spokane began publicly proposing enforcement of a provision in their municipal code that would impose a wastewater utility tax on the Spokane County Regional Water Reclamation Facility (County Wastewater Facility). The County Wastewater Facility is located just inside Spokane's eastern boundary, adjacent to Spokane Valley, and in 2021 served the following residential and business customers: 30,009 in Spokane Valley; 15,594 in unincorporated Spokane County; 944 in Liberty Lake; 900 in Millwood, and 24 in the City of Spokane In 2009, the City of Spokane adopted Spokane Municipal Code 8.10.030(A)(4), which levied upon the gross receipts a tax on "operating a public wastewater collection and treatment system: twenty percent." Spokane collects those utility taxes on customers of its municipal wastewater treatment facility but has not attempted to collect on this Code provision relative to the gross receipts from Spokane County's facility. If Spokane's wastewater utility tax were successfully imposed, Spokane County, as the owner of the County Wastewater Facility, would seek to change its rate structure to collect these amounts from all of its customer base. By applying a grossed -up 20% utility tax on the County wastewater facility's gross revenue, Spokane would generate around $8 million annually, which would raise monthly payments by approximately $12.50 per month per residential unit, over $150 per year. The cost to many businesses would be significantly higher. Spokane has indicated they could go back four years to attempt to collect those amounts. Spokane Valley, Millwood, Spokane County, and Liberty Lake have all repeatedly requested of the Spokane City Council that they change their municipal code to clearly require the utility tax only within their municipal boundaries, but Spokane has refused to do so to date. Millwood, Liberty Lake, Spokane Valley, and Spokane County have been working together collaboratively to develop various responses to Spokane's threatened actions. One aspect of that has included analysis of legal options. Spokane County has retained Steve DiJulio of Foster Garvey law firm to provide advice; Mr. DiJulio is one of the preeminent municipal attorneys in Washington. In light of the shared goals between Spokane Valley and Spokane County, the two jurisdictions entered into an agreement two years ago whereby Spokane Valley would pay 17% of Mr. DiJulio's legal fees related to this matter, with a cap of $15,000 paid by Spokane Valley. That agreement expired December 31, 2022. A replacement agreement is proposed with the same terms, with an expiration date of December 31, 2024. OPTIONS: (1) Approve the proposed agreement; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Memorandum of Understanding Between the City of Spokane Valley and Spokane County Regarding Legal Fees for Foster Garvey PC Law Firm. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] BUDGET/FINANCIAL IMPACTS: Up to $15,000 in legal fees payable from outside legal counsel budget line item through the Office of the City Attorney. To date, the City has reimbursed Spokane County $846.00. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed MOU with Spokane County. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING LEGAL FEES FOR FOSTER GARVEY PC LAW FIRM WHEREAS, the City of Spokane Valley (City) and Spokane County (County) have been advised by the City of Spokane (Spokane) that Spokane intends to impose its Wastewater Utility Tax on the County -owned and operated wastewater treatment facility, Spokane County Regional Water Reclamation Facility (SCRWRF), located in Spokane; and WHEREAS, the majority of the waste water collection of the SCRWRF occurs within the City and the potential resulting tax may, therefore, be paid by those residing in the City; and WHEREAS, elected leaders for both the City and County, as well as other municipalities, have publicly objected to such action, and instructed staff for their respective entities to seek effective ways to preclude the imposition of said sewer utility tax; and WHEREAS, the County has engaged the legal services of Stephen DiJulio, an attorney in the law firm of Foster Garvey PC, who has extensive experience representing clients with municipal utility and tax issues, to advise the County in this matter; and WHEREAS, the City and the County have determined certain common legal interests exist in this matter, and the City desires to assist in partial payment of legal costs associated in the County's defense against the imposition of Spokane's Utility Tax in this matter; and WHEREAS, the City and the County desire to enter into this Memorandum of Understanding (MOU) to establish the mutually agreed terms to accomplish the goals set forth herein. NOW, THEREFORE, the City and the County do hereby agree as follows: ARTICLE 1— GENERAL CONDITIONS 1.1 PURPOSE. To fund a portion of the County's legal costs in the Defense against the imposition of Spokane's Utility Tax. 1.2 TERM. This MOU shall remain in effect until either December 31, 2024 or until the conclusion of any resulting civil cause of action is concluded. 1.3 TERMINATION. Either party may terminate this MOU upon at least 15 days written notice to the other Party. 1.4 COMPLIANCE WITH LAWS. Each Party shall comply with all applicable federal, state, and local laws and regulations. Page 1 of 3 1.5 INDEMNIFICATION. Each Party shall protect, defend, and hold each other, its agents, officers, officials, and employees harmless and shall indemnify each other with respect to this MOU. 1.6 NONDISCRIMINATION. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this MOU because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation including gender expression or gender identity, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. 1.7 ASSIGNMENT. No Party may assign any of their rights under this MOU to a third party. 1.8 MODIFICATION. No modification or amendment to this MOU shall be valid until the same is reduced to writing and executed with the same formalities as this present MOU. 1.9 VENUE STIPULATION. This MOU has and shall be construed as having been made and delivered in the State of Washington and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this MOU of any provision hereto shall be instituted only in the courts of competent jurisdiction within Spokane County, Washington. 1 10 WAIVER. No officer, employee, agent or otherwise of either Party has the power, right or authority to waive any of the conditions or provisions to this MOU. No waiver of any breach of this MOU shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this MOU or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this MOU or to require at any time full and complete performance by the other of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this MOU or any part hereof, or the right of either party to hereafter enforce each and every such provision. 1 11 NOTICES. All notices required or permitted under this MOU shall be in writing and served upon the Parties and directed to the mailing addresses set forth below or the mailing addresses designated by a party pursuant to written notice, or by electronic mail to the email address set forth below or the email address designated by a party pursuant to written notice. Any notice so mailed shall be effective three days after mailing. 1 12 ENTIRE AGREEMENT. This MOU contains all the promises, agreements, conditions, inducements and understandings between the parties relative to this MOU and there are no promises, agreements, conditions, inducements, understandings, warranties or representations, oral or written, expressed or implied, between them other than as set forth herein. Page 2 of 3 1.13 SEVERABILITY. If any portion of this MOU should become invalid or unenforceable, the remainder of the MOU shall remain in full force and effect. ARTICLE 2 - RESPONSIBILITIES OF THE COUNTY 2.1. The County shall maintain their Agreement with Foster Garvey PC for legal services related to Spokane's attempt to impose a sewer utility tax on the County, and be the responsible party for contract management. 2.2 The County shall send periodic invoices to the City for the City's share of the legal fees incurred from Foster Garvey PC. 2.3 The County may, at its sole election, terminate its relationship with Foster Garvey PC at any point regardless of the status of the litigation and without consultation with the City. ARTICLE 3 — RESPONSIBILITIES OF THE CITY 3.1 The City shall pay 17% of the legal costs associated in the defense of the imposition of Spokane's Utility Tax the County receives from Foster Garvey PC as its share of the legal fees related to this matter. The City shall pay for such legal costs up to $15,000 unless otherwise agreed in writing. 3.2 Upon receipt of an invoice from the County for legal fees from Foster Garvey PC, the City shall pay the County for its share within 30 days. The Parties have executed this Agreement this day of January, 2023. CITY OF SPOKANE VALLEY SPOKANE COUNTY City Manager By: Scott Simmons, Spokane County CEO ATTEST: Ginna Vasquez, Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM: Office of the City Attorney Spokane County Prosecuting Attorney's Office Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearings ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 23-003 adopting new chapter 6.15 SVMC - City -owned properties closed to public use. GOVERNING LEGISLATION: RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: January 17, 2023 administrative report. BACKGROUND: The City owns various parcels of real property. Many of those properties are intended for use by the public and are routinely used by the public as such. Examples are parks, City Hall, CenterPlace, and the Police Precinct. When the City decides whether to make these types of spaces available for use by the public, an important consideration is whether we have made such property safe for the intended use. Similarly, the City determines whether we have appropriate resources to ensure property opened for public use can be monitored and maintained to keep it clean. Conversely, the City owns other properties that are not intended for public use because the City doesn't have available resources to make them safe, clean, and suitable for public use, such as parcels acquired for future capital projects or other vacant City parcels. Other properties are used for specific purposes where routine public use may render them ineffective for their intended use, such as stormwater facilities. The City has express authority pursuant to RCW 35A.11.020 to manage real property that it owns. The proposed chapter 6.15 SVMC would put the public on notice that the City has authority to declare that certain properties are not open to the public, identify what those properties are, and identify the penalties for violation. Specifically, proposed chapter 6.15 SVMC is summarized as follows: 6.15.005 — States that the purpose is to provide authority to declare that some City non -park properties are closed to public use, and that this is an exercise of the City's police powers to protect the life, health, and safety of the public; 6.15.010 — Provides definitions used in the new chapter; 6.15.020 — Provides that City facilities open to the public are subject to hours of operation established by Council; 6.15.030 — Provides that Council may, by separate resolution, identify which City -owned properties are closed to public use unless the City provides specific written authority, including that motor vehicles placed on closed property are subject to impoundment; 6.15.040 — Provides that any non -park property acquired by the City is deemed closed to the public until deemed otherwise by Council; and 6.15.050 — States that the violation of this chapter is a class 3 infraction ($149.00 including court costs, fees, and other assessments), and the person violating is subject to being trespassed from the property pursuant to chapter 6.10 SVMC. Attached to this RCA is a draft resolution with a list of properties that staff recommends be identified as closed to public use. In addition to listing all closed properties, it also includes a map of the same properties and numbered to match the list for ease of use by the public. Staff intends to present the draft resolution following adoption of chapter 6.15 SVMC as the resolution is intended to work together with the new code sections. OPTIONS: (1) Advance Ordinance 23-003 to a second reading; (2) suspend the rules and adopt Ordinance 23-003; or (3 take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 23-003, adopting chapter 6.15 SVMC relating to City -owned properties closed to public use, to a second reading. BUDGET/FINANCIAL IMPACTS: None anticipated, other than for signage to post on closed properties. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed Ordinance 23-003 adopting a new chapter 6.15 SVMC; and draft resolution including list and map of City -owned properties that would be closed to public use. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 23-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING CHAPTER 6.15 RELATING TO MANAGEMENT OF PROPERTIES CLOSED TO PUBLIC USE; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley has the authority to manage property it owns or otherwise controls pursuant to RCW 35A.13.020, including "...the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real or personal property; and WHEREAS, the City owns or controls various parcels of real property inside and outside of its municipal boundaries; and WHEREAS, some of the properties owned or controlled by the City are suitable for public use in some manner, such as City Hall, the Police Precinct, and CenterPlace Regional Events Center; and WHEREAS, other properties owned by the City are not intended for public use because they may relate to internal operations of the City, because they are leased to third -parties, because they have not been made safe for public use, or because the City has not yet identified a suitable public use; and WHEREAS, the City needs to be able to control access to properties identified by Council as being closed in order to protect the public health, safety, and welfare of its citizens. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Adoption of a new chapter 6.15 of the Spokane Valley Municipal Code. Chapter 6.15 of the Spokane Valley Municipal Code is adopted in as follows: 6.15.005 Purpose. City facilities are established and maintained for different public purposes, some of which are available for use by the public and some of which are not. This chapter is intended to clarify that City Council may designate certain real property owned by the City as closed to public use. Adoption of chapter 6.15 SVMC is an exercise of the police power of the City, and its provisions shall be liberally construed for the preservation and protection of the natural environment, public peace, health, safety, and welfare. This chapter is not intended to regulate park property, which is regulated pursuant to chapter 6.05 SVMC. 6.15.010 Definitions. The definitions provided herein are supplemental to the definitions provided in Appendix A and only apply for use with chapter 6.15 SVMC. Solely for purposes of chapter 6.15 SVMC, if a conflict exists between these definitions and the definitions in Appendix A, these definitions shall govern.: "City" means the City of Spokane Valley, Washington. "City facility closed to the public" means any facility owned or controlled by the City which has been identified through resolution adopted by the City Council as being closed to the public. Ordinance 23-003 Adopting Chapter 6.15 SVMC — City Property Closed to Public Use Page 1 of 3 DRAFT "City facility open to the public" means any facility owned or controlled by the City, except facilities used for park -related purposes pursuant to chapter 6.05 SVMC, and which are generally open to the public at times and for purposes as established by the City Council or the City Manager. "Motor vehicle" means any self-propelled device capable of being moved upon a road and in, upon, or by which any persons or property may be transported, including but not limited to automobiles, trucks, motorcycles, mopeds, Class 2 or Class 3 motorized bicycles, motorized foot scooters, golf carts, all -terrain vehicles or similar -type all -wheel -drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways. "Person" means any individual, group, firm, partnership, corporation, association, or club. City staff are excluded from this definition. 6.15.020 City facilities open to the public. City facilities open to the public are subject to the hours of operation set forth in SVMC 2.05.010, and may be used in a manner established either by City Council by resolution, or by written directive of the City Manager. 6.15.030 City facilities closed to the public. The City Council may by resolution designate certain facilities owned or controlled by the City as being closed to the public. Facilities designated as City facilities closed to the public shall not be entered into or used in any way by any person except as may be set forth in writing by the City. No motor vehicles shall be permitted on City facilities closed to the public and are subject to impoundment pursuant to chapter 46.55 RCW after 24-hour notice. 6.15.040 Newly acquired real property closed to public use until opened by Council Any real property acquired by the City, with the exception of real property acquired for public park purposes, shall be closed to public use until the City Council designates it open to public use, except as may be permitted in writing by the City. 6.15.050 Violation — Infraction - trespass. A. Any person violating chapter 6.15 SVMC shall have committed a class 3 infraction. B. Any person violating SVMC 6.15.030 is also subject to immediate trespass from the subject property pursuant to the procedures set forth in chapter 6.10 SVMC. C. Chapter 6.15 is not intended to conflict with or alter the provisions of chapter 6.10 SVMC relating to trespass from City property and facilities relating to engaging in behavior that is dangerous, illegal, or unreasonably disruptive. 6.15.060 Rules and policy. The City Manager may develop rules, policies, and forms to implement chapter 6.15 SVMC. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 3. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Ordinance 23-003 Adopting Chapter 6.15 SVMC — City Property Closed to Public Use Page 2 of 3 DRAFT PASSED by the City Council this day of January, 2023. ATTEST: Pam Haley, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 23-003 Adopting Chapter 6.15 SVMC — City Property Closed to Public Use Page 3 of 3 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 23-002 RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, STATE OF WASHINGTON, ADOPTING A LIST OF CITY -OWNED OR CONTROLLED PROPERTIES THAT ARE CLOSED TO PUBLIC USE OR ACCESS, AND OTHER MATTERS RELATING THERETO WHEREAS, the City of Spokane Valley has the authority to manage property it owns or otherwise controls pursuant to RCW 35A.13.020, including "...the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real or personal property; and WHEREAS, the City owns or controls various parcels of real property inside and outside of its municipal boundaries; and WHEREAS, some of the properties owned or controlled by the City are suitable for public use in some manner, such as City Hall, the Police Precinct, and CenterPlace Regional Events Center; and WHEREAS, other properties owned by the City are not intended for public use because they may relate to internal operations of the City, because they are leased to third -parties, because they have not been made safe for public use, or because the City has not yet identified a suitable public use; and WHEREAS, the City needs to be able to control access to properties identified by Council as being closed in order to protect the public health, safety, and welfare of its citizens; and WHEREAS, pursuant to SVMC 6.15.030, Council wishes to identify those properties owned or controlled by the City which are closed to public use so that the public has notice of their closed status. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley as follows: Section 1. Properties owned or controlled by the City that are closed to public use or access. Pursuant to SVMC 6.15.030, the parcels of real property identified in list format in Attachment 1 to Resolution 23-002 (List of City -owned property closed to the public) and in map format in Attachment 2 to Resolution 23-002 (Map of City -owned property closed to the public) are closed to public use pursuant to chapter 6.15 SVMC. Section 2: Effective Date. This Resolution shall be in full force and effective upon adoption. Passed by the City Council this day of , 2023. CITY OF SPOKANE VALLEY Pam Haley, Mayor ATTEST: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney Resolution 23-002 City Properties Closed to Public Use ATTACHMENT 1- List of City -Owned Properties Closed to the Public Stormwater Properties Property No. Parcel No. Address Description 1 35243.0807 NE corner of E. 11th Ave. & S. Dickey Rd. 2 35243.0871 SE corner of E. 11th Ave. & S. Dickey Rd. 3 35243.0986 E. 14th Ln. off S. Bettman Rd., N. side of road past the S Curve 4 35243.1070 Lot on both sides of E. 14th Lane, at intersection with S. Bettman Rd. 5 35243.1071 Lot south of E. 14th Lane entrance, i.e. lot above 6 35243.1080 E. 14th Lane off S. Bettman Rd., S. side of road past S curve 7 44042.9114 Lot on N. side of E. Ponderosa Dr. past E. 50th Court 8 45103.0405 2206 N. Houk Rd. ROW at intersection with E. Mansfield Ave. 9 45104.0209 N.E. corner of E. Mission Ave. & N. Mamer Rd. intersection 10 45141.0701 Between 1118 N. Burns Rd. & 1119 N. Progress Rd. 11 45141.0703 Between 1110 N. Burns Rd. & 1111 N. Progress Rd. 12 45141.0705 Between 1102 N. Burns Rd. & 1103 N. Progress Rd. 13 45141.1001 S. side of E. Mission at entrance to above 3 Lots. 14 45171.1305 1023 N. University Rd. 15 45174.0801 510 N. Raymond Rd. 16 45174.0810 Behind 510 N. Raymond Rd. & 515 N. University Rd. 17 45192.9145 E. side of S. Park between E. 3' Ave. & E. 4th Ave. 18 45224.2382 S. side of E. 15th Ave. between S. McDonald Rd. & S. Blake Rd. 19 45232.9027 601 S. Evergreen Rd. SE corner of S. Evergreen Rd. & E. 6th Ave. intersection 20 45233.1606 S.W. corner of intersection of S. Warren Rd. & E. 13th Ave. 21 45233.2003 Lot between 13905 E. 16th Ave. & 1505 E. Evergreen Rd. 22 45233.2013 Lot behind 45233.2003 above & 1505 E. Evergreen Rd. 23 45233.4005 805 S. Evergreen Rd. Between 829 S. Evergreen Rd. & 803 S. Evergreen Rd. 24 45234.1611 15003 E. 16th Ave. N.E. corner of intersection of E. 16th Ave. & S. Burns Rd. 25 45251.0820 Lot on E. Side of S. Conklin Rd. where it curves into E. 23' Ave. 26 45251.0821 Lot at end of S. Ridgemont Ln., between 2202 & 2201 S. Ridgemont Ln. 27 45272.1031 1609 S. Pines Rd. Triangle lot on S. Side of intersection of E. 16th Ave., S. Pines Rd. & Hwy 27 Page 1 of 2 28 45294.9056 ROW between RR & S. Dishman Mica Rd. from E. 32nd Ave. N to E. 28th Ave. 29 45321.9066 ROW between RR & S. Dishman Mica Rd. from E. 32"d Ave. S. to just past S. Schafer Rd. 30 45333.0113 S. of RR starting at E. 40th Ave. to houses on E. Forest Meadows Dr. 31 45333.1012 S. of RR & S.E. of parcel above to houses behind cul-d- sac at S. Hollow Ct. 32 55073.3101 1602 N. Flora Rd. N.E. corner of roundabout at N. Flora Rd. & Mission Ave. 33 55074.1556 Lot between 18303 E. Mission Ave. & 1624 N. Greenacres Rd. 34 55074.4701 N.W. corner of intersection of E. Mission Ave. & N. Arties Rd. 35 55074.4702 N.E. corner of intersection of E. Mission Ave. & N. Arties Rd. 36 55172.0162 Narrow strip on N. Barker just N. of 1204 N. Barker Rd. 37 55182.0105 Narrow lot on N. Corbin Rd. at intersection of E. Mission Ave. & N. Corbin Ln. Other City -Owned Properties Property No. Parcel No. Address Description 38 35232.1304 4908 E. lst Ave. Vacant parcel 39 45022.4817 4216 N. Best Rd. Vacant parcel 40 45033.0201 Future ROW for Pines Grade Separation 45033.0308 12425 E. Trent Ave. Future ROW for Pines Grade Separation 41 45033.0309 Future ROW for Pines Grade Separation 42 45033.5010 N.E. corner of N. Pines Rd. & E. Pinecroft Way Future ROW for Pines Grade Separation 43 45033.9090 Pines GSP/Avista Properties 44 45033.9091 Pines GSP/Avista Properties 45 45033.9126 Future ROW for Pines Grade Separation 46 45101.9068 13501 E. Mirabeau Parkway Adjacent to Mirabeau Meadows Park 47 45121.9118 17002 E. Euclid Ave. City Street Shop 48 45191.1308 Adjacent to Appleway Blvd., just west of S. Dishman Rd. 49 45191.9035 Adjacent to Appleway Blvd., just west of S. Dishman Rd. 50 45222.0313 12614 E. Sprague Ave. Adjacent to Precinct building Page 2 of 2 Property No# Parcel Numb . 35243.0807 35243.0871 35243.0986 4 35243.1070 35243.1071 35243.1080 >.v 7 44042.9114 P 8 45103.0405 45104.0209 10 45141.0701 11 45141.0703 12 45141.0705 13 45141.1001 14 45171.1305 15 45174.01301 16 45174.0810 17 45192.9145 18 45224.2382 19 45232.9027 20 45233.1606 21 45233.2003 22 45233.2013 23 45233.4005 MairMvc 24 45234.1611 Q. tY allege 25 45251.0820 26 45251.0821 27 45272.1031 28 45294.9056 29 45321.9066 30 45333.0113 31 45333.1012 32 55073.3101 33 55074.1556 34 55074.4701 35 55074.4702 36 55172.0162 37 55182.0105 38 35232.1304 39 45022.4817 40 45033.0201 3 41 45033.0308 42 45033.0309 43 45033.5010 44 45033.9090 45033.9091 45033.9126 45121.9 45121.9118 18 Jr 45191.1308 45222.0313 45 46 47 48 C 49 50 a � Minneh Conse E 37th A Moran Camp Sekani Park Feld Area Park M Mini.. il�-il J,i E 4th Ave E 8th Ave Trentwood Pasadena Park F 'yor 9a Dr f14Fw00d\ z a E Nora Ave a v E Mission Ave l� 2 O h: ®E Mir® Ave 0 J I a Z ® 6 m E Broadway Ave E Broadway Ave _ u 15 Q 16 27 o Spokane hman Valley so Dishman Hills N=tural Area Dishman Hills Conservation Area - Glenrose Unit 28th Ave E 44th Ave 27 E 4th Ave E 24th Ave �Fuclid Ave E Valleyway Ave Veradale Greenacres Avc n ea n .7NE rc� Liberty Lake Saltese Uplands Conservation Area Spokane Greenecre Valley 27 Nos Otis Orch Liberty 0 Municipal Boundaries OOff -Limits Locations - Numbers coincide with charts *Mere detailed chart on back * City Hall Attachment 2 City of Spokane Valley Properties Closed to Public -Use SVMC 6.15 Ms: Produced: 01/18/2023 Spokane Valley Economic Development Scale: 1:54,000 Feet 0 2,500 5,000 10,000 Spokan�� .000Ua11ey Properties Closed to Public -Use SVMC 6.15 Property No# Parcel Number Address Description 1 35243.0807 NE corner of E. 11th Ave. & 5. Dickey Rd. 2 35243.0871 SE corner of E. llth Ave. & S. Dickey Rd. 3 35243.0986 E. 14th Ln. off S. Bettman Rd., N. side of road past the S Curve 4 35243.1070 Lot on both sides of E. 14th Lane, at intersection with S. Bettman Rd. 5 35243.1071 Lot south of E. 14th Lane entrance, i.e. lot above 6 35243.1080 E. 14th Lane off S. Bettman Rd., S. side of road past 5 curve 7 44042.9114 Lot on N. side of E. Ponderosa Dr. past E. 50th Court 8 45103.0405 2206 N. Houk Rd ROW at intersection with E. Mansfield Ave. 9 45104.0209 N.E. corner of E. Mission Ave. & N. Mamer Rd. intersection 10 45141.0701 Between 1118 N. Burns Rd. & 1119 N. Progress Rd. 11 45141.0703 Between 1110 N. Burns Rd. 8,1111 N. Progress Rd. 12 45141.0705 Between 1102 N. Burns Rd. 8,1103 N. Progress Rd. 13 45141.1001 S. side of E. Mission at entrance to above 3 Lots. 14 45171.1305 1023 N. University Rd. 15 45174.0801 510 N. Raymond Rd. 16 45174.0810 Behind 510 N. Raymond Rd. & 515 N. University Rd. 17 45192.9145 E. side of S. Park between E. 3rd Ave. & E. 4th Ave. 18 45224.2382 S. side of E. 15th Ave. between 5. McDonald Rd. & S. Blake Rd. 19 45232.9027 601 S. Evergreen Rd. SE corner of S. Evergreen Rd. & E. 6th Ave. intersection 20 45233.1606 S.W. corner of intersection of S. Warren Rd. & E. 13th Ave. 21 45233.2003 Lot between 13905 E. loth Ave. & 1505 E. Evergreen Rd. 22 45233.2013 Lot behind 45233.2003 above & 1505 E. Evergreen Rd. 23 45233.4005 805 5. Evergreen Rd. Between 829 5. Evergreen Rd. & 803 S. Evergreen Rd. 24 45234.1611 15003 E. 16th Ave. N.E. corner of intersection of E. 16th Ave. & S. Burns Rd. 25 45251.0820 Lot en E. Side of S. Conklin Rd. where it curves into E. 23rd Ave. 26 45251.0821 Lot at end of S. Ridgemont Ln., between 2202 8,2201 S. Ridgemont Ln. 27 45272.1031 1609 S. Pines Rd. Triangle lot on S. Side of intersection of E. 16th Ave., S. Pines Rd. & Hwy 27 28 45294.9056 ROW between RR & S. Dishman Mica Rd. from E. 32nd Ave. N to E. 28th Ave. 29 45321.9066 ROW between RR & S. Dishman Mica Rd. from E. 32nd Ave. 5. to just past 5. Schafer Rd. 30 45333.0113 S. of RR starting at E. 40th Ave. to houses on E. Forest Meadows Dr. 31 45333.1012 S. of RR & S.E. of parcel above to houses behind cul-d-sac at S. Hollow Ct. 32 55073.3101 1602 N. Flora Rd. N.E. corner of roundabout at N. Flora Rd. & Mission Ave. 33 55074.1556 Lot between 18303 E. Mission Ave. & 1624 N. Greenacres Rd. 34 55074.4701 N.W. corner of intersection of E. Mission Ave. & N. Arties Rd. 35 55074.4702 N.E. corner of intersection of E. Mission Ave. & N. Arties Rd. 36 55172.0162 Narrow strip on N. Barker just N. of 1204 N. Barker Rd. 37 55182.0105 Narrow lot on N. Corbin Rd. at intersection of E. Mission Ave. & N. Corbin Ln. 38 35232.1304 4908 E. 1st Ave. Vacant parcel 39 45022.4817 4216 N. Best Rd. Vacant parcel 40 45033.0201 Future ROW for Pines Grade Separation 41 45033.0308 12425 E. Trent Ave. Future ROW for Pines Grade Separation 42 45033.0309 Future ROW for Pines Grade Separation 43 45033.5010 N.E. corner of N. Pines Rd. & E. Pinecroft Way Future ROW for Pines Grade Separation 44 45033.9090 Pines GSP/Avista Properties 45 45033.9091 Pines GSP/Avista Properties 46 45033.9126 Future ROW for Pines Grade Separation 47 45101.9068 13501 E. Mirabeau Parkway Adjacent to Mirabeau Meadows Park 48 45121.9118 17002 E. Euclid Ave. City Street Shop 49 45191.1308 8908 E 2nd Ave Adjacent to Appleway Blvd., just west of S. Dishman Rd. 50 45222.0313 12614 E. Sprague Ave. Adjacent to Precinct building CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: Check all that apply: ['consent ❑ old business ® new business ['public hearing ['information ['admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Motion Consideration: City Hall Remediation Progressive Design -Build Contract Award GOVERNING LEGISLATION: SVMC 3.35.10 — Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • 05/03/2022 Admin Report; City Hall Update; Council consensus to include $700,000 in 2022 budget amendment for additional expenses Admin Report: City Hall Update; includes expenditures to date Admin Report: City Hall Update: Mr. Robb Dibble of Dibble Engineering Admin Report: City Hall Update: introduced attorney McFetridge Motion Consideration: Council Chambers East Wall Repair not to exceed $400,000 Admin Report: City Hall Update on east curved wall of Council Chambers Admin Report: City Hall Update; settling of building along curved east wall • 02/02/2021 • 02/18/2020 • 02/04/2020 • 10/01/2019 • 09/24/2019 • 03/19/2019 BACKGROUND: City Hall was completed and occupied in early September 2017, and since that time many significant construction and/or design defects have been discovered. The City hired various consultants to identify the nature and extent of the defects. The City filed suit in Spokane County Superior Court April 27, 2020, naming as defendants alleged to be responsible for the various defects, Meridian Construction (prime contractor), Architects West (architect and project manager), Allwest Testing & Engineering (materials testing), and Eight31 Consulting (owner's representative to assist in overseeing the project). Since the suit was filed, the parties have engaged in the discovery process, including extensive testing of various systems and areas at City Hall. The parties have agreed that mediation may assist in resolving some or all of the outstanding issues, and the first session was conducted March 17, 2022 with all defendants and most subcontractors taking part. The City has completed some of the necessary repairs in the meantime. To date, the City had micro piles (concrete pillars) installed along the curved wall at the front of the Council Chambers in an effort to stop additional settling, installed fire -stopping in the two primary staircases on the north and south ends of the building, replaced those staircase ceilings to completely fireproof them and performed extensive repairs on the HVAC system. During the staircase work this past summer, structural members were found missing above the ceiling, so they were added to bring that component of the building up to the condition it should have been during initial construction. As further necessary repairs will not be completely known until construction exploration begins (i.e. until walls and ceilings are further opened), staff explored the option of a non-standard delivery method earlier in 2022 for the major repairs needed to the building. Standard delivery method would be to prepare the construction documents and then publicly bid the project awarding to the lowest responsive and responsible bidder. This standard method would be problematic as construction would likely need to be paused while awaiting further design of additional repairs that may be needed as revealed when the walls and ceilings are opened for tie-in to the proposed improvements. Progressive Design Build (PDB) is a delivery process in which both the design and construction of a project are procured from a single design -build entity that is selected through a qualifications -based selection at the earliest feasible stage of the project. This allows the agency to select the most qualified team then negotiate for scope/fee and would also allow construction to continue while designs are completed on other areas. However, it does require Washington State prior approval. In June of 2022, staff applied to the Washington State Project Review Committee (PRC) and was subsequently granted approval late in July of 2022 to utilize PDB for this specific remediation project. In late August 2022, staff advertised a Request for Qualifications (RFQ) for PDB services. Four Design -Build contractors submitted Statements of Qualifications (SOQs). The evaluation committee shortlisted two firms and requested proposals. Interactive meetings were held with both qualified firms. In early December 2022, Garco Construction was selected as the most qualified PDB contractor. Staff negotiated with Garco on the attached PDB Agreement for their initial remediation efforts. This agreement is a time and materials contract for the Phase 1 scope with an initial contract amount of $350,000. The Phase 1 scope will include reviewing and validating the Initial Basis of Design Documents, the project budget, the project schedule, and any other information provided by the City. Phase 1 scope also includes providing Not -to -Exceed (NTE) construction proposals (Phase 2 Work Orders) for each of the initial areas for remediation (i.e. Chambers radius wall, Chambers cloud, roof and attic, interior door repairs, etc.). Finally, this Phase 1 work also includes preparation of a Guaranteed Maximum Price (GMP) which will be the total of those Phase 2 Work Orders that the City eventually selects, including any modifications and/or clarifications to the Initial Basis of Design Documents. Staff will update City Council frequently as the design team moves forward. OPTIONS: 1) Move to award the Progressive Design Build (PDB) contract to Garco Construction, Inc or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the City Hall Remediation Progressive Design Build project CIP #0322 to Garco Construction, Inc for an initial contract amount of $350,000 with a total not to exceed amount of $4M for additional remediation work, and authorize the City Manager to finalize and execute the construction contract and associated change orders. BUDGET/FINANCIAL IMPACTS: Presently, approximately $5.3M is earmarked for City Hall Remediation in Capital Reserve Fund #312. Expenditures through December 31, 2022, total approximately $800K. There are sufficient funds remaining in the earmark for this initial $4M contract for validation, design and pricing (Phase 1) as well as some of the Work Orders for construction/remediation (Phase 2) of City Hall. STAFF CONTACT: Bill Helbig, Community and Public Works Director Glenn Ritter, Senior Engineer/Project Manager ATTACHMENTS: Garco's PDB Agreement including General Conditions and Exhibits Contract No. 23-036 PROGRESSIVE DESIGN -BUILD AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER - COST PLUS FEE WITH A GUARANTEED MAXIMUM PRICE Note: This document has been modified from the DBIA Form. A redlined copy will be provided upon request. Document No. 530 Second Edition 2010 © Design -Build Institute of America Washington, DC TABLE OF CONTENTS Article Name Page Article 1 Scope of Work 4 Article 2 Contract Documents 4 Article 3 Interpretation and Intent 4 Article 4 Ownership of Work Product 5 Article 5 Contract Time 6 Article 6 Contract Price 7 Article 7 Procedure for Payment 21 Article 8 Termination for Convenience 22 Article 9 Representatives of the Parties 22 Article 10 Bonds and Insurance 23 Article 11 Other Provisions 24 DBIA Document No. 530 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes ©2021 Thaxton Parkinson PLLC Page 2 Progressive Design -Build Agreement Between Owner and Design -Builder — with Cost Plus Fee and a Guaranteed Maximum Price This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the day of in the year of 20 , by and between the following parties, for services in connection with the Project identified below: OWNER: (Name and address) City of Spokane Valley, Washington 10210 E. Sprague Ave Spokane Valley, WA 99206 DESIGN -BUILDER: (Name and address) Garco Construction, Inc. 4114 E. Broadway Ave Spokane, WA 99202 PROJECT: (Include Project name and location as it will appear in the Contract Documents) City Hall Remediation Project In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 3 Article 1 Scope of Work 1.1 Design -Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2010 Edition, as amended) ("General Conditions of Contract"), including but not limited to The GMP Amendment in accordance with Section 6.6 herein, provided such Amendment is executed between the parties. 2.1.2 This Agreement, including all exhibits but excluding the GMP Amendment: .1 Exhibit A: Initial Basis of Design Documents .2 Exhibit B1: Insurance Exhibit — Design -Builder's Insurance Requirements .3 Exhibit B2: Form of Payment Bond .3 Exhibit B3: Form of Performance Bond .4 Exhibit C: Phase 1 and 2 Scope of Services .5 Exhibit D: Phase 1 Level of Effort .6 Exhibit E: Hourly Rates, Unit Prices, and Allowance Items .6 Exhibit F: Form GMP Amendment .7 Exhibit G: Form Change Orders .8 Exhibit H: Form NTE Amendment 2.1.3 The General Conditions of Contract; and 2.1.4 Design Submissions, the Design Log, and the Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract, the most recent approved documents governing over previously approved documents. Article 3 Interpretation and Intent 3.1 Design -Builder and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including but not limited to the various documents in the Initial Basis of Design Documents set forth in Exhibit A, and the Phase 1 and 2 Scope of Services set forth in Exhibit C, for any conflicts or ambiguities. Design -Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 4 3.2 The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement or after the parties' execution of the GMP Amendment, Design -Builder and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. (Note, the parties are strongly encouraged to establish in the GMP Exhibit or GMP Proposal (as applicable) the priority of the various documents comprising such exhibit or proposal.) 3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.4 If the Initial Basis of Design Documents contain design or prescriptive specifications the Design - Builder shall be entitled to reasonably rely on the accuracy of the information represented in such design or prescriptive specifications and their compatibility with other information set forth in Initial Basis of Design Documents, including any performance specifications for the purposes of developing the Scope of Services for Phase 1, the Phase 1 Not to Exceed Amount and the Design -Builder's Fee Percentage. However, during Phase 1, Design -Builder is required to perform an independent evaluation of such design or prescriptive specifications to verify the information provided by the Owner. Further, regardless of the inclusion of design or prescriptive specifications or criteria, Design -Builder shall remain responsible for meeting the performance requirements of the Project, including but not limited to the requirements that the Project meet the Initial and Final Basis of Design Documents as well as all applicable Legal Requirements. Provided Design -Builder complies with other requirements set forth in this Agreement such as those regarding notice of claims to Owner and identification of differing site conditions, Design -Builder shall be entitled to an adjustment in the Scope of Services for Phase 1, the Phase 1 Not to Exceed Amount and/or the Design -Builder's Fee Percentage, but only to the extent Design -Builder's cost and/or time of performance have been adversely impacted by such inaccurate design or prescriptive specifications that are inconsistent with meeting the performance requirements. 3.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. The Contract Documents may not be changed, modified, or altered except in writing signed by the parties. 3.6 Design -Builder was selected based in part on the qualifications of the Key Team Members identified in the Design -Builder's Statement of Qualifications and Proposals. Design -Builder may not substitute the identified Key Team Members without written permission from Owner, such permission shall not be unreasonably withheld. Any substituted Key Team Member must possess the same or better qualifications as the previously approved Key Team Member. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design -Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design -Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below. 4.2 Owner's Limited License upon Project Completion and Payment in Full to Design -Builder. Upon Owner's payment in full for all Work performed under the Contract Documents, Design -Builder shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of the Project, conditioned on Owner's express understanding that its alteration of the Work Product without the involvement of Design -Builder is at Owner's sole risk and without liability or legal exposure to Design- DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 5 Builder or anyone working by or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"), and on the Owner's obligation to provide the indemnity set forth in Section 4.5 below. 4.3 Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 8 hereof, or if Design -Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design -Builder shall, upon Owner's payment in full of the amounts due Design -Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 4.2 above, conditioned on the following: 4.3.1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party, and on the Owner's obligation to provide the indemnity set forth in Section 4.5 below, and 4.3.2 Owner shall not be required to pay Design -Builder additional compensation for the right to use the Work Product to complete the Project and subsequently use the Work Product in accordance with Section 4.2 if Owner resumes the Project through its employees, agents, or third parties. 4.4 Owner's Limited License upon Design -Builder's Default. If this Agreement is terminated due to Design -Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design - Builder grants Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design -Builder was not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design - Builder shall be entitled to the rights and remedies set forth in Section 4.3 above. 4.5 Owner's Indemnification for Use of Work Product. If Owner is required to indemnify any Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances identified in this Article 4, Owner shall defend, indemnify and hold harmless such Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from the use or alteration of the Work Product. Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within ten (10) days of Design -Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion. 5.2.1 The parties shall negotiate the Phase 1 Completion Date ("Phase 1 Completion Date") pursuant to Exhibit D. The parties will establish a date for Substantial Completion of the entire Work ("Scheduled Substantial Completion Date") in the GMP Amendment. 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work ("Scheduled Interim Milestone Dates") shall be determined during Phase 1: (Insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion) DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 6 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.13 of the General Conditions of Contract. 5.2.4 All of the dates set forth in this Article 5 (collectively the "Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design -Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion (as defined in the Contract Documents) which shall be in the amount of $1,000.00 per day until Substantial Completion is achieved. These liquidated damages are not a penalty but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 5.5 Any liquidated damages assessed pursuant to this Agreement for delay damages shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving the Contract Time(s). 5.6 In addition, the parties may establish liquidated damages as a remedy for other breaches of contract or failure to achieve performance standards. Such liquidated damages provisions may be added in the GMP Amendment or by written Change Order. Article 6 Contract Price 6.1 Contract Price. 6.1.1 Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract a contract price ("Contract Price") as set forth herein. .1 Subject to the provisions of the Contract Documents, the Owner shall pay Design Builder for each Phase of the Project in accordance with Section 6.6 of the Agreement. Design Builder's Compensation shall be subject to the Phase 1 NTE and the GMP, as applicable. The Phase 1 NTE, and the GMP, as applicable, shall be the maximum amount that the Design Builder may be compensated for the applicable Contract Phase, as amended pursuant to this Contract. The maximum amount that the Design Builder may be compensated pursuant to this Agreement for any given phase shall also be referred to as the Contract Price ("Contract Price"). The elements of the Design Builder's Compensation, subject to the Contract Price are set forth herein. If the sum of the Design -Builder's Compensation is less than the Phase 1 NTE and/or the GMP, as applicable, the savings shall go to the Owner. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 7 .2 The parties acknowledge that the scope of work for this Project is not fully developed. The Design -Builder shall develop the Basis of Design Documents and other deliverables in Exhibit C such that the total Compensation to the Design -Builder shall not exceed the GMP set forth herein, unless the parties agree in writing to increase the GMP or the Design -Builder is otherwise entitled to an increase to the GMP pursuant to the terms of the Contract Documents. 6.2 Design -Builder's Fee Percentage and Lump Sum Fee. 6.2.1 Design -Builder's Fee Percentage shall be: Five percent (5%) of the Cost of the Work, as adjusted in accordance with Section 6.2.2 below. The Fee Percentage and any Lump Sum Fee shall include the following items, which shall not be charged as a Cost of the Work: .1 All profit of the Design -Builder for this Project; and .2 All regional and home office overhead expenses, including labor and materials, phone, facsimile, postage, internet service, and other incidental office expenses attributed to work on this Project. The Fee Percentage set forth above does not apply to self -performed construction Work as defined in Section 1.2.36 of the General Conditions. The parties will negotiate the Design -Builder's Fee Percentage on self -performed construction Work pursuant to Section 2.8.4 of the General Conditions. 6.2.2 Prior to the execution of the GMP Amendment, Design -Builder's Fee Percentage will only be adjusted pursuant to Section 3.4 of this Agreement. 6.2.3 If the Parties enter into the GMP Amendment, Design -Builder shall be paid a lump sum fee (the "Lump Sum Fee") determined by multiplying the Fee Percentage by the estimated Cost of the Work included in the GMP Amendment. If the parties have negotiated self -performed Construction Work pursuant to Section 2.8.4 of the General Conditions, the Lump Sum Fee shall also include the Design -Builder's negotiated Fee Percentage on self -performed construction Work. The estimated Cost of the Work shall include the Lump Sum General Conditions Amount. The Lump Sum Fee will be earned and paid on a monthly basis following execution of the GMP Amendment on a percentage of completion basis, specifically taking into account payments previously made, including during Phase 1. The following costs shall be excluded from the Cost of the Work when calculating the Lump Sum Fee: .1 Owner Directed Allowances, as defined in Section 6.4.1.6; and .2 The Design -Builder's Contingency as defined in Section 6.4.4.1.b. 6.2.4 The Lump Sum Fee established in the GMP Amendment shall not be modified unless the GMP varies, either upward or downward, by more than five percent (5%) from the GMP set forth in this Agreement ("Original GMP"). .1 If the GMP increases by more than five percent (5%) above the Original GMP, the Lump Sum Fee shall be increased by the amount of the Fee Percentage multiplied by that portion of the Cost of the Work that is in excess of one hundred five percent (105%) of the Cost of the Work set forth in the Original GMP. .2 If the GMP decreases by more than five percent (5%) below the Original GMP, the Lump Sum Fee shall be decreased by the amount of the Fee Percentage multiplied by that portion of the Cost of the Work that is less than ninety-five percent (95%) of the Cost of the Work set forth in the Original GMP. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 8 .3 The following costs shall be excluded from the Cost of the Work when calculating adjustments to the Lump Sum Fee: a. Owner Directed Allowances, as defined in Section 6.4.1.6; and ' b. The Design Builder's Contingency as defined in Section 6.4.4.1.b. 6.3 Cost of the Work. The term Cost of the Work shall mean costs reasonably and necessarily incurred by Design -Builder in the proper performance of the Work. Unless included in the Lump Sum General Conditions, the Cost of the Work shall include only the following: 6.3.1 Wages of direct labor costs of employees of Design -Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site; provided, however, that the costs for those employees of Design -Builder performing design services shall be calculated on the basis of Prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. Wages for those employees performing construction services shall be paid as follows: Basic wages and fringe benefits: The hourly wage (without markup or labor burden) and fringe benefits paid by the Design -Builder as established by the Washington Department of Labor and Industries or contributed to labor trust funds as itemized fringe benefits. Whichever is applicable, not to exceed that specified in the applicable "Intent to Pay Prevailing Wage" for the laborers, apprentices, journeymen, and foremen performing and/or directly supervising the Work on the site. The premium portion of overtime wages is not included unless pre -approved in writing by the Owner. The Design -Builder shall provide to the Owner copies of payroll records, including certified payroll statements for itself and Subcontractors of any tier for the period upon the Owner's request. Direct labor costs also include direct contributions to the State of Washington as industrial insurance, medical aid, and supplemental pension by class and rates established by the Washington Department of Labor and Industries and contributions required by the Federal Insurance Compensation Act (FICA), the Federal Unemployment Tax Act (FUTA) and the State Unemployment Compensation Act (SUCA). 6.3.2 Wages or salaries of Design -Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work. 6.3.3 Wages or salaries of Design -Builder's personnel stationed at Design -Builder's principal or branch offices, but only to the extent said personnel are approved in advance in writing by the Owner. 6.3.4 Unless included in Lump Sum General Conditions, costs incurred by Design -Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design -Builder, to the extent such costs are based on wages and salaries paid to employees of Design -Builder covered under Sections 6.3.1 through 6.3.3 hereof. 6.3.5 The reasonable portion of the cost of travel, accommodations and meals for Design - Builder's personnel necessarily and directly incurred in connection with the performance of the Work. Such costs must be approved in writing by Owner in advance. 6.3.6 Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. The costs for those employees performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those Hourly Rates set forth in Exhibit E. Contracts to Subcontractors and Design -Consultants that are paid on the basis of a Lump Sum must be approved in advance by the Owner, such approval shall not be unreasonably withheld. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 9 6.3.7 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. The material costs shall be based upon the net cost after all discounts or rebates, freight costs, express charges, or special delivery costs, when applicable. No lump sum costs will be allowed except when approved in writing in advance by the Owner. Discounts and rebates based on prompt payment need not be included, however, if the Design -Builder offered but the Owner declined the opportunity to take advantage of such discount or rebate. 6.3.8 Costs (less salvage value) of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design -Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 6.3.9 Costs of removal of debris and waste from the Site. 6.3.11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 6.3.12 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others, and incurred in the performance of the Work. The rental charge the applicable rental cost as established by the lower of the local prevailing rate published in the Rental Rate Blue Book by Data Quest. San Jose. California, as modified by the AGC/WSDOT agreement or the actual rate paid to an unrelated third party as evidenced by rental receipts. Rates and quantities of equipment rented that exceed the local fair market rental costs shall be subject to the Owner's prior written approval. Total rental charges for equipment or tools shall not exceed 75% of the fair market purchase value of the equipment or the tool. Actual, reasonable mobilization costs are permitted if the equipment is brought to the site solely for the change in the Work. The rental rates are the maximum rates allowable for equipment of modern design and in good working condition and include full compensation for furnishing all fuel, oil, lubrication, repairs, maintenance, and insurance. When rental rates payable do not include fuel, lubrication, maintenance, and servicing, as defined as operating costs in the Blue Book, such operating costs shall be reimbursed based on actual costs. Equipment not of modern design and/or not in good working condition will have lower rates. Hourly, weekly, and/or monthly rates, as appropriate, will be applied to yield the lowest total cost. The rate for equipment necessarily standing by for future use (and standing by for no longer than two (2) weeks) on the changed Work shall be 50% of the rate established above. The total cost of rental allowed shall not exceed the cost of purchasing the equipment outright. If equipment is required for which a rental rate is not established by The Rental Rate Blue Book, an agreed rental rate shall be established for the equipment, which rate and use must be approved by the Owner prior to performing the Work. 6.3.12 Premiums for insurance and bonds required by this Agreement or the performance of the Work. 6.3.13 All fuel and utility costs incurred in the performance of the Work. 6.3.14 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work, with the exception of Washington State Sales Tax, which shall be paid outside the Phase 1 NTE or GMP. 6.3.15 Costs for permits, royalties, licenses, tests and inspections incurred by Design -Builder as a requirement of the Contract Documents. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 10 6.3.16 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 6.3.17 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 6.3.19 Accounting and data processing costs related to the Work. 6.3.20 Fees paid by the Design -Builder for the approval of Statements of Intent to Pay Prevailing Wages and certification of Affidavits of Wages Paid by the industrial statistician of the State Department of Labor and Industries. The Design -Builder will remain responsible for the actual submittal of the documents to the industrial statistician. In order to receive this reimbursement the Design -Builder will be required to submit to Owner, a list of its subcontractors at all tiers and have their Statements of Intent to Pay Prevailing Wages on file with the Owner. 6.3.21 Unit Prices established by the parties in Exhibit E. 6.3.22 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner and not included in the Design -Builder's Contingency, Design Builder's Fee Percentage, the Lump Sum Fee, or the Lump Sum General Conditions. 6.4 Other Methods of Compensation Within the Phase 1 NTE or the GMP, the parties may agree to the following methods of pricing Design -Builder's Compensation 6.4.1 Allowance Items and Allowance Values. .1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in Exhibit E or the GMP Amendment and are included within any established NTE and the GMP, as applicable. .2 Design -Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design -Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for the Allowance Value. .3 No work shall be performed on any Allowance Item without Design -Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design -Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design -Builder, Design -Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. .4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance directly associated with the applicable Allowance Item. With the exception of Owner Directed Allowances, all other costs, including design fees, Design -Builder's overall project management and fixed general conditions costs, overhead and fee, are deemed to be included DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 11 in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. .5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.4.1.4; however, Design -Builder must provide written notice of the difference between the actual cost and the Allowance Value pursuant to the Changes provisions in the General Conditions. The amount of the Change Order shall reflect the difference between actual costs incurred by Design - Builder for the particular Allowance Item and the Allowance Value. .6 The Owner and the Design Builder may designate certain Allowances as "Owner Directed Allowances." Design Builder shall be compensated for Owner Directed Allowances for the Cost of the Work associated with such allowances plus the Fee Percentage. Items designated as "Owner Directed Allowances" shall not be included in the calculation to determine the Lump Sum Fee. 6.4.2 Not To Exceed Sums .1 The Owner and Design Builder may establish Not to Exceed ("NTE") Sums for specific scopes of the Work ("NTE Scopes"). Any such NTE Sum will be negotiated between the Owner and Design -Builder pursuant to Section 6.6.1.5 of the Agreement and memorialized through an NTE Amendment in the form attached as Exhibit H. .2 For each scope of work for which a NTE Sum has been established, the Design - Builder shall be reimbursed for the NTE Scope as a Cost of the Work; however, Design -Builder's compensation shall not exceed the NTE Sum without a written Change Order. .3 Design -Builder shall not request reimbursement for costs that are within the NTE Scope unless those costs are identified in the Payment Application as subject to the NTE Sum. Except as allowed in Section 6.4.4.1.b, costs that are within the NTE Scope that are in excess of the NTE Sum shall be the sole responsibility of the Design -Builder. .4 NTE Sums and NTE Scopes may only be modified by Change Order pursuant to the General Conditions. 6.4.3 Lump Sums .1 The Owner and Design -Builder may establish Lump Sums for specific scopes of the Work. Any such Lump Sum will be negotiated between the Owner and Design - Builder. The Lump Sum agreed upon by the Parties shall be incorporated into the GMP Amendment or a Change Order, and the parties shall include the following information: a. A specific description of the Scope of the Work that is subject to the Lump Sum; b. An updated Schedule of Values that incorporates the Lump Sum; and c. Any milestone dates associated with the scope of the Work associated with the Lump Sum. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 12 .2 For each scope of work for which a Lump Sum has been established, the Design - Builder shall be compensated pursuant to the Schedule of Values set forth above based on the percentage of the Scope of the Work subject to the Lump Sum that has been completed. .3 Design -Builder shall not request reimbursement for costs that are within the scope of the Lump Sum unless those costs are identified in the Payment Application as subject to the Lump Sum. Except as allowed in Section 6.4.4.1.b, costs that are within the scope of the Lump Sum that are in excess of the Lump Sum shall be the sole responsibility of the Design -Builder. .4 Lump Sums may only be modified via Change Order pursuant to the General Conditions 6.4.4 Contingencies .1 The Parties shall establish, as part of any NTE and the GMP, the following Contingencies which are available for Design -Builder's exclusive use for the below described unanticipated costs it has incurred that are not the basis for a Change Order under the Contract Documents (collectively "Contingency Items"). Continency Items include the costs described below, which are subject to written approval by the Owner. The Owner may, in its discretion, approve other costs that may be reimbursed under a Contingency; however, in no case shall the Design - Builder be entitled to use the Contingency for payment of Liquidated Damages that it may be assessed pursuant to this Agreement. (a) Cost of the Work Contingency. The Cost of the Work Contingency is reimbursed as a Cost of the Work. The Cost of the Work Contingency is available to the Design -Builder for the following items: (i) Trade buy-out differentials; (ii) Escalation of materials; and (iii) Other direct Costs of the Work that are not included in the Design - Builder's Contingency, but only with the prior written consent of the Owner. (b) Design -Builder's Contingency. The Design -Builder's Contingency is available to the Design -Builder for items that are not excluded by Section 6.5 hereof and include but are not limited to the following items: (i) Overtime or acceleration; (ii) Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work (excluding any warranty or corrective Work performed after Substantial Completion), provided that such Work was beyond the reasonable control of Design -Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design -Builder or those working by or through Design -Builder. If the costs associated with such Work are recoverable from insurance, Subcontractors or Design Consultants, Design -Builder shall exercise its best efforts to obtain recovery from the appropriate source and provide a credit to Owner if recovery is obtained; DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 13 (iii) Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design -Builder; (iv) Subcontractor or other tier defaults to the extent not compensated by any surety or bond; or (v) Costs that are in excess of an NTE Sum or Lump Sum. .2 The Design -Builder shall be reimbursed for Contingency Items in the same manner as set forth in Section 6.3 of the Agreement; however, Design -Builder's compensation for Contingency Items shall not cumulatively exceed the amount set forth as the Design -Builder's Contingency in the applicable NTE or GMP without a written Change Order. Design -Builder shall not be entitled to any Fee Percentage for items reimbursed under Section 6.4.4.1.b, the Design -Builder's Contingency. Further, the amounts included in the Design -Builder's Contingency set forth in Section 6.4.4.1.b shall be excluded from the calculation set forth in Section 6.2.3 to establish the Lump Sum Fee and the calculation set forth in Section 6.2.4 to determine whether the GMP has changed. .3 Prior to the final accounting, the Contingencies are not available to Owner for any reason, including, but not limited to changes in scope or any other item which would enable Design -Builder to increase an NTE or GMP under the Contract Documents. .4 Design -Builder shall provide Owner notice of all anticipated charges against the Contingencies and shall provide Owner as part of the monthly status report required by the General Conditions of Contract an accounting of the Contingency, including all reasonably foreseen uses or potential uses of the Contingency in the upcoming three (3) months. Design -Builder agrees that with respect to any expenditure from a Contingency relating to a Subcontractor default or an event for which insurance or bond may provide reimbursement, Design -Builder will in good faith exercise reasonable steps to obtain performance from the Subcontractor and/or recovery from any surety or insurance company. Design -Builder agrees that if Design -Builder is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. 6.4.5 Lump Sum General Conditions Costs .1 If the Parties enter into the GMP Amendment, the Parties shall establish an amount for the Lump Sum General Conditions Costs. The parties shall determine the portions of the Cost of the Work set forth in Section 6.3 that are included in the Lump Sum General Conditions Costs, and the parties shall include a description of such costs in the GMP Amendment. Unless the parties agree in writing otherwise, the costs that will be included in the Lump Sum General Conditions Costs are as follows: a. Wages or salaries of Design -Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work. Specifically, the following personnel are included in the Lump Sum General Conditions Amount: i. Project Executive ii. Project Manger DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 14 iii. Superintendent and/or Construction Manager iv. Quality Control Manager v. Project Field Engineer and/or Design Manager vi. Project Controls vii. Project Scheduler viii. Safety Manager b. Wages or salaries of Design Builder's personnel stationed at Design Builder's principal or branch offices, but only to the extent said personnel are approved in advance of the performance of the Work in writing by the Owner. c. Costs incurred by Design -Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design -Builder, to the extent such costs are based on wages and salaries paid to employees of Design -Builder covered under this Section. d. The reasonable portion of the cost of travel, accommodations and meals for Design -Builder's personnel necessarily and directly incurred in connection with the performance of the Work and with the written consent of the Owner as set forth below: i. Meals and Incidental Expenses: Meals and incidental expenses will be limited to the Federal Per Diem rate for meals and incidentals established for the location where lodging is obtained. Federal Per Diem guidelines which includes the meal breakdown and Federal Per Diem rates for other locations can be found at www.gsa.gov. ii. Lodging: Lodging will be billed at cost, including applicable taxes, not to exceed the Federal Per Diem maximum lodging rate for the location where the work is being performed. iii. Travel: Air travel (at coach class or equivalent), airport shuttles, etc. billed at cost. Ground transportation by privately owned vehicle, if utilized, billed at the Internal Revenue Service mileage rate for privately owned vehicles in effect at the time of travel. Expenses for a rental car (including fuel), at cost, in the ratio of one mid -size class rental car for each three Contractor's personnel directly engaged in performance of the work at the prevailing rental rates then in effect. Rental car options such as refueling fees, GPS, collision & liability insurance, etc. will not be reimbursed by the Owner unless such options are approved in advance by the Owner's Representative. Appropriate insurance coverage should be included in the Contractor's insurance policies. e. The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. f. Premiums for insurance and bonds required specifically by this Agreement or the performance of the Work by the Design Builder. g. Accounting and data processing costs related to the Work. h. Fees paid by the Design -Builder for the approval of Statements of Intent to Pay Prevailing Wages and certification of Affidavits of Wages Paid by the industrial statistician of the State Department of Labor and Industries. The DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 15 Design -Builder will remain responsible for the actual submittal of the documents to the industrial statistician and the determination of the locality of the work to confirm the appropriate classification of work. In order to receive this reimbursement, the Design -Builder will be required to submit to Owner a list of its subcontractors at all tiers and have their Statements of Intent to Pay Prevailing Wages on file with the Owner. i. General administrative costs not specifically listed in this subsection, including but not limited to the following: i. Shop Drawing Reproduction ii. Construction Schedule & Updates iii. Safety/Security iv. Field Office Set-up (mobilization/demobilization) v. Office Supplies vi. Telephone System vii. Telephone Service Charge viii. Computer Network/System Set-up ix. Courier Service x. Postage (Fed-X, USPS) xi. Furniture/Equipment xii. Office Cleaning xiii. Project Superintendent Vehicle xiv. Computers xv. Copy Machine xvi. Temporary Electric Hook-up/Removal xvii. Temporary Electric Material xviii. Project Signage xix. Temporary Water Hook-up/Removal xx. Drinking Water & Supplies xxi. Chemical Toilets xxii. O&M Manuals xxiii. Project Record Documents xxiv. Field Engineering/Layout Survey .2 For the Costs of the Work that are included in the Lump Sum General Conditions Costs, the Design -Builder shall no longer be entitled to be reimbursed for such costs as part of the Cost of the Work, and the Design Builder's sole compensation for the costs set forth in the identified General Conditions shall be through the Lump Sum General Conditions Costs. .3 The Owner shall have the right to examine the back-up documentation establishing the Lump Sum General Conditions Costs, including but not limited to all estimates, proposals, contracts and other financial documentation on a transparent basis. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 16 .4 The Lump Sum General Conditions Costs shall only be modified if the Design - Builder is entitled to compensation for a delay pursuant to Section 8.2 of the General Conditions. Any modification to the Lump Sum General Conditions Costs shall be calculated as follows: a. The Design Builder shall be entitled to receive a liquidated daily rate for extended General Conditions Costs ("Design -Builder's Delay Rate") for each day that the Contract Time is extended pursuant to Section 8.2 of the General Conditions. i. The Design -Builder's Delay Rate shall be calculated by dividing the Lump Sum General Conditions Costs by the number of days in the Contract Time set forth in the GMP Amendment for Phase 2. ii. Then, the Design -Builder's Delay Rate is multiplied by the number of days that the Contract Time is extended for Design -Builder's Delay, subject to a determination of entitlement pursuant to Article 8 of the General Conditions. iii. The result from the Design -Builder's Delay Rate multiplied by the number of days is the Extended General Conditions Costs which shall be added to the Lump Sum General Conditions Costs by Change Order and paid to the Design Builder pursuant to the Schedule of Values, subject to a determination of entitlement pursuant to Article 8 of the General Conditions. b. The Design -Builder's Delay Rate shall not apply to delays occurring after Substantial Completion is achieved. c. The Parties agree that determining the Design Builder's damages for delay in Phase 2 would be extremely difficult or impracticable to determine and that the Design -Builder's Delay Rate, as calculated in this Section 6.4.5.4, is a reasonable estimate of and reasonable sum for such damages; therefore, the Design -Builder's Delay Rate shall be payable to the Design Builder as liquidated damages and not as a penalty. 6.4.6 Unit Prices and Hourly Rates .1 Any Unit Prices and Hourly Rates shall be agreed upon in writing and set forth in Exhibit E to the Agreement. Design -Builder shall not charge more than a specified Unit Price or Hourly Rate than the amount set forth in Exhibit E, as modified through the Contract Documents. .2 Once established, Unit Prices and Hourly Rates shall not be subject to audit and may only be changed by Change Order. .3 Design -Builder must maintain a record of the number of Unit Prices and Hours billed using Hourly Rates for review by Owner. 6.5 Non -Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the Work: .1 Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as expressly provided for in Section 6.3 hereof. .2 Overhead and general expenses, except as provided for in Section 6.3 hereof. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 17 .3 The cost of Design -Builder's capital used in the performance of the Work. .4 Costs that would cause the Phase 1 NTE, the GMP, the Cost of the Work Contingency, or the Design Builder's Contingency as adjusted in accordance with the Contract Documents, to be exceeded. 6.6 Project Phases. 6.6.1 Phase 1 .1 Compensation. During Phase 1, the Design Builder shall be compensated for the following: a. The Cost of the Work set forth in Section 6.3; b. Design -Builder's Fee Percentage set forth in Section 6.2.1 multiplied by the Cost of the Work; and d. Contingency Items charged under Section 6.4.4.1.b. .2 Phase 1 Not to Exceed Amount. Design -Builder guarantees that its Compensation during Phase 1 shall not exceed the Phase 1 Not to Exceed Amount ("Phase 1 NTE") of Three Hundred Fifty Thousand & no/100 Dollars ($350,000.00 ). Design -Builder will provide a refined Phase 1 NTE pursuant to Exhibit D for negotiation with the Owner. Design -Builder agrees that it will be responsible for paying all costs of completing the Work which exceed the Phase 1 NTE, as adjusted in accordance with the Contract Documents. .3 The Phase 1 NTE includes the Cost of the Work Contingency. .4 The Phase 1 Completion Date will be negotiated between the parties pursuant to Exhibit D. .5 NTE Scopes and Proposal. Within the time set forth in Exhibit C, the Design - Builder shall provide to the Owner a list of NTE Scopes. For each NTE Scope, Design - Builder shall provide to Owner a NTE Proposal that will include the deliverables set forth in Exhibit C, unless the parties mutually agree otherwise. a. Submission of an NTE Proposal. Submission of a NTE Proposal constitutes Design -Builder's representation and agreement that it has adequately investigated the site and the NTE Scope parameters, the NTE Scope is adequately defined, to provide an accurate NTE Sum and NTE Schedule, and subject to the assumptions and clarifications in the NTE Proposal, the NTE Scope is sufficiently clear and understandable for the Design -Builder to perform the Work in accordance with the Contract Documents for an amount that will not exceed the NTE Sum. b. Review and Adjustment of NTE Proposal. After submission of an NTE Proposal, the Design -Builder and Owner shall meet to discuss and review the NTE Proposal. If Owner has any comments regarding the NTE Proposal or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. To assist in the Owner's review of the NTE Proposal, the Design Builder shall, upon the Owner's Request, provide all information, including but not limited to all data, reports, cost analysis, pricing, designs, and specifications on which the Design Builder relied or used as a basis DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 18 for the NTE Proposal. The Owner shall make its best efforts to review any revised NTE Proposal within two weeks of receipt of the revised NTE Proposal. c. Acceptance of an NTE Proposal. If Owner accepts the NTE Proposal, as may be amended by Design -Builder, the parties will enter into an NTE Amendment in the form attached as Exhibit H, and Design -Builder will be compensated pursuant to Section 6.4.2 of the Agreement. At the Owner's option, any NTE may be converted into a Lump Sum. d. Failure to Accept an NTE Proposal. If Owner rejects an NTE Proposal, the NTE Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the NTE Scope will proceed, with Owner having the following options: Owner may suggest modifications to the NTE Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the NTE Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 6.6.1.5.c above; ii. Owner may decide not to perform the NTE Scope or may proceed with the NTE Scope through another contract. e. Performance of Work After Submission of an NTE Proposal. The Design -Builder shall not perform any Work on the NTE Scope after the submission of an NTE Proposal until the Owner has approved and signed the NTE Amendment unless the Design -Builder obtains the Owner's prior, written consent to perform such Work and only to the extent that such Work is expressly described in writing in such written consent. If Design -Builder performs such Work, Design -Builder shall be compensated pursuant to the written approval. .6 GMP Proposal. At the conclusion of Phase 1, Design -Builder shall submit a GMP Proposal to Owner which shall include the deliverables set forth in Exhibit C, unless the parties mutually agree otherwise. The GMP Proposal shall include and identify all NTE Amendments as well as all other Work necessary to complete the Project. a. Submission of the GMP Proposal. Submission of the GMP Proposal constitutes Design -Builder's representation and agreement that it has adequately investigated the site and the project parameters, the Project is adequately defined, the Final Basis of Design Documents are sufficiently defined to provide an accurate GMP and Project Schedule, and subject to the assumptions and clarifications in the GMP Proposal, the Project is sufficiently clear and understandable for the Design -Builder to perform the Work in accordance with the Contract Documents for an amount that will not exceed the Original GMP. b. Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design -Builder and Owner shall meet to discuss and review the GMP Proposal. If Owner has any comments regarding the GMP Proposal or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. To assist in the Owner's review of the GMP Proposal, the Design Builder shall, upon the Owner's Request, provide all information, including but not limited to all data, reports, cost analysis, pricing, designs and specifications on which the Design Builder relied or used as a basis for the GMP Proposal. The Owner shall make its best efforts to review DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 19 any revised GMP Proposal within thirty (30) days of receipt of the revised GMP Proposal. c. Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may be amended by Design -Builder, the terms of the GMP Proposal shall be set forth in the GMP Amendment. At the Owner's option, the GMP may be converted into a Lump Sum. d. Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 6.6.1.6.c above; ii. Owner may terminate this Agreement for convenience in accordance with Article 8 hereof. e. Performance of Work After Submission of GMP Proposal. The Design -Builder shall not perform any Work after the submission of the GMP Proposal until the Owner has approved and signed the GMP Amendment unless the Design -Builder obtains the Owner's prior, written consent to perform such Work and only to the extent that such Work is expressly described in writing in such written consent. If Design -Builder performs such Work, Design -Builder shall be compensated pursuant to the written approval. 6.6.2 Phase 2 Post GMP Period. .1 Compensation. During Phase 2, the Design Builder shall be compensated for the following, all subject to the GMP: a. The Cost of the Work set forth in Section 6.3; b. Design -Builder's Lump Sum Fee established pursuant to Section 6.2.3; c. Any Lump Sums established pursuant to Section 6.4.3; d. Contingency Items charged under Section 6.4.4.1.b; and e. Design -Builder's Lump Sum General Conditions Costs established pursuant to Section 6.4.5. .2 GMP The total compensation paid to Design -Builder for this Project shall not exceed the GMP, as amended pursuant to this Contract. By agreeing to the GMP Amendment, the Design -Builder understands that if the Work cannot be completed for the agreed GMP, any additional costs shall be the responsibility of the Design - Builder, and Design -Builder hereby assumes liability for such costs without reimbursement by the Owner. .3 If the parties decide to convert the GMP into a Lump Sum, Design -Builder shall be compensated pursuant to Section 6.4.3 of the Agreement. 6.6.3 Savings. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 20 .1 If the sum of the actual Cost of the Work and Design -Builder's Fee (and, if applicable, any prices established under Section 6.1.2 hereof) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall go to 100% to the Owner. Article 7 Procedure for Payment 7.1 Progress Payments. 7.1.1 Design -Builder shall submit to Owner on the twenty fifth (25th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.1.2 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.1.3 If Design -Builder's Fee under Section 6.2 hereof is a lump sum amount, the amount of Design -Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design -Builder's Fee. 7.2 Retainage on Progress Payments. 7.2.1 The Owner will withhold retainage pursuant to RCW Chapter 60.28, and Owner shall release such retainage pursuant to state law. Pursuant to RCW Chapter 60.28, the Design -Builder may submit a bond in lieu of the retainage that the Owner would otherwise keep under the terms of this Contract and pursuant to applicable law. Any such bond submitted in lieu of retainage must be on the form approved by the Owner. In the event the Design -Builder fails at any time to pay persons protected under RCW Chapter 60.28 or the Owner has reason to believe that the Owner or other obligee under the bond has a claim against the retainage or for other good cause, the Owner may, at its option, resume retaining from monies earned by the Design -Builder in such amount as it would otherwise be entitled to retain had the bond not been accepted. Notwithstanding the Owner's resuming such retainage, said bond shall remain in full force and effect to the extent of its penal sum, limited to the amount of retainage released to the Design -Builder. After the Design -Builder has paid protected persons or otherwise cured any default, the Owner may, at its option, again release retainage pursuant to the terms of the bond. 7.3 Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design - Builder's properly submitted and accurate Final Application for Payment pursuant and subject to RCW Chapter 60.28 and RCW Chapter 39.08 and all applicable laws and regulations, provided that Design - Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. 7.4 Interest. Payments due and unpaid by Owner to Design -Builder, whether progress payments or final payment, shall bear interest commencing five (5) days after payment is due at the statutory rate of interest per month until paid. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 21 7.5 Record Keeping and Finance Controls. Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of six (6) years after Final Payment, Owner, Owner's accountants, the Washington State Department of Commerce and the Washington State Auditor shall be afforded access to, and the right to audit from time -to -time, upon reasonable notice, Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design -Builder shall preserve for a period of six (6) years after Final Payment. Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design -Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit. Article 8 Termination for Convenience 8.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate all or a portion of this Agreement. In such event, Owner shall pay Design -Builder for allowable costs and subject to any established Not to Exceed Amount or GMP: 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 8.1.3 The fair and reasonable sums for overhead and profit on the sum of items 8.1.1 and 8.1.2 above based on Design -Builder's Fee Percentage, provided, however, if a Lump Sum Fee has been established, then the Lump Sum Fee shall only be modified pursuant to Section 6.2.4 above. 8.2 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Section 4.3 hereof. Such rights may not be transferred or assigned to others without Design -Builder's express written consent and such third parties' agreement to the terms of Article 4. Article 9 Representatives of the Parties 9.1 Owner's Representatives. 9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Glenn Ritter Senior Engineer/Project Manager City of Spokane Valley DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 22 10210 E. Sprague Ave Spokane Valley, WA 99206 (509)720-5018 gritter@spokanevallev.org 9.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) David Mendez Turner& Townsend Heery 1212 N. Washington St., Suite 219 Spokane, WA 99201 David.Mendez3@turnerandtownesend.com.com (509)990-0204 9.2 Design -Builder's Representatives. 9.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design -Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Clancy Welsh Principal In Charge Garco Construction, Inc. 4114 E. Broadway Ave Spokane, WA 99202 clancv@garco.com (509)755-7218 9.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Rob Decker Construction Project Executive Garco Construction, Inc. 4114 E. Broadway Ave Spokane, WA 99202 robertd@garco.com (509)232-1269 Article 10 Bonds and Insurance 10.1 Insurance. Design -Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract. 10.2 Bonds and Other Performance Security. Upon execution of this Agreement, Design -Builder shall provide a performance and a labor and material bond, pursuant to chapter 39.08 RCW, equal to one hundred percent (100%) of the Phase 1 NTE in the form set forth as Exhibit B. Upon execution of the GMP Amendment, Design -Builder shall provide a performance and labor and material bond, pursuant to RCW Chapter 39.08, equal to one hundred percent (100%) of the GMP in the form set forth as Exhibit B. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 23 10.3 All bonds furnished by Design -Builder shall be from a surety that is qualified and registered to conduct business in the state of Washington. Article 11 Other Provisions 11.1 Designer of Record and Key Team Members. 11.1.1 Prior to entering into this Agreement, the Owner selected the Amento Group as the Designer of Record. By entering into this Agreement, the Design Builder represents that it has investigated the suitability of the Designer of Record and accepts that the Designer of Record has sufficient experience and expertise to perform the Work required of the Designer of Record in this Project and accepts responsibility for the Designer of Record's work after the date of the sub agreement with the Designer of Record. Design Builder will enter into an agreement directly with the Designer of Record. 11.1.2 Design -Builder may not substitute a consultant, subconsultant, subcontractor, or any individual listed as a Key Team Member that was listed in the Design -Builder's Statement of Qualifications or Proposal or that was approved by the Owner without the Owner's written consent. Design -Builder must request Owner's consent prior to the date of the substitution. Owner's consent shall not be unreasonably withheld. To obtain Owner's consent, substituted consultants, subconsultants, subcontractors or Key Team Members must have equivalent or better experience and qualifications to the original consultants, subconsultants, subcontractors or Key Team Members. 11.2 Wages. 11.2.1 The Design -Builder and its Subcontractors, Consultants and Sub -Consultants shall pay all laborers, workmen, or mechanics employed by it or them in the performance of this Contract the applicable state prevailing wage rate required by (chapter 39.12 RCW). The schedule of prevailing wage rates for the locality or localities of the Work is determined by the Industrial Statistician of the Department of Labor and Industries. Design -Builder shall provide a copy of the determination to the Owner. It is the Design -Builder's responsibility to verify the applicable prevailing wage rate. 11.2.2 Before payment is made by the Owner to the Design -Builder for any Work performed by Design -Builder or any Subcontractor, Consultant or Sub -Consultant whose work is included in the application for payment, the Design -Builder shall submit, or shall have previously submitted, to the Owner a Statement of Intent to Pay Prevailing Wages, approved by the Department of Labor and Industries, certifying the rate of hourly wage paid and to be paid each classification of employees, laborers, workers, or mechanics employed for the Work by Design -Builder, Consultants, Subcontractors and Sub -Consultants. The "Statement of Intent to Pay Prevailing Wages" shall include: (1) the Design -Builder's registration number; and (2) the prevailing wages under RCW 39.12.020 and the number of workers in each classification. Each voucher claim submitted by the Design -Builder for payment on a project estimate shall state that the prevailing wages have been paid in accordance with the prefiled statement or statements of intent to pay prevailing wages on file with the Owner. 11.2.3 Design -Builder and each Subcontractor required to pay the prevailing rate of wages shall post in a location readily visible at the job site: (1) a copy of a "Statement of Intent to Pay Prevailing Wages" approved by the industrial statistician of the Department of Labor and Industries; and (2) the address and telephone number of the industrial statistician of the Depart- ment of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 24 11.2.4 Prior to release of the retainage, the Design -Builder shall submit to the Owner an Affidavit of Wages Paid, approved by the Department of Labor and Industries, for the Design -Builder and every Consultant, Sub -Consultant, and Subcontractor of any tier that performed work on the Project. 11.2.5 Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060. 11.2.6 Each Application for Payment submitted by Design -Builder shall state that prevailing wages have been paid in accordance with the prefiled statement(s) of intent, as approved. Copied of the approved intent statements(s) shall be posted on the job site with the address and telephone number of the Industrial Statistician of the Department of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made. 11.2.7 In compliance with chapter 296-127 WAC, Design -Builder shall pay to the Department of Labor and Industries the currently established fee(s) for each statement of intent and/or affidavit of wages paid submitted to the Department of Labor and Industries for certification. 11.2.8 Consistent with WAC 296-127-320, the Design -Builder and all Consultants, Sub - Consultants and Subcontractors shall submit a certified copy of payroll records if requested. 11.2.9 The following information is provided pursuant to RCW 39.12.030: .1 State of Washington prevailing wage rates applicable to this public works project, published by L&I, are located at the L&I website: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx A copy of the applicable prevailing wage rates is also available for viewing at the City Community and Public Works Department located at 10210 East Sprague Ave, Spokane Valley, WA 99206. Upon request, the Owner will mail a hard copy of the applicable prevailing wages for this project. .2 This Project is located in Spokane County .3 The effective prevailing wage date for Phase 1 is the date of the Design -Builder's Price Proposal. The effective prevailing wage date for Phase 2 is the date of the Design - Builder's GMP Proposal. 11.3 Hours of Labor 11.3.1 Design -Builder shall comply with applicable provisions of chapter 49.28 RCW, and such provisions are incorporated herein by reference. 11.3.2 Chapter 49.28 RCW permits entities performing public works contracts to enter into an agreement where employees work up to ten hours in a calendar day, subject to the provisions of the statute. No such agreement may provide that employees work ten-hour days for more than four calendar days a week. Any such agreement is subject to approval by the employees. 11.4 Off Site Prefabricated Items. 11.4.1 In accordance with RCW 39.04.370, Design -Builder shall submit certain information about off -site, prefabricated, nonstandard, project specific items produced under the terms of the contract and produced outside Washington as a part of the Affidavit of Wages Paid form filed with the Washington State Department of Labor and Industries. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 25 11.5 Assurance of Compliance with Federal Law 11.5.1 . Compliance with Regulations. Design -Builder shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non- discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. 11.5.2 Non-discrimination. Design -Builder, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Design -Builder shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 11.5.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Design -Builder for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Design -Builder of Design -Builder's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. 11.5.4 Information and Reports. Design -Builder shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Design -Builder is in the exclusive possession of another who fails or refuses to furnish the information, Design -Builder shall so certify to the City, as appropriate, and shall set forth what efforts it has made to obtain the information. 11.5.5 Sanctions for Noncompliance. In the event of a Design -Builder's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it may determine to be appropriate, including, but not limited to: .1 Withholding payments to Design -Builder under the Agreement until Design -Builder complies; and/or .2 Cancelling, terminating, or suspending the Agreement, in whole or in part. 11.5.6 Incorporation of Provisions. Design -Builder shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Design -Builder shall take action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Design -Builder becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Design -Builder may request that the City enter into any litigation to protect the interests of the City. In addition, Design -Builder may request the United States to enter into the litigation to protect the interests of the United States. 11.5.7 Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Design -Builder agrees to comply with the following non-discrimination statutes and authorities to the extent applicable including but not limited to: .1 Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 26 .2 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); .3 Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); .4 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 etseq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; .5 The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); .6 Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); .7 The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal- aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); .8 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; .9 The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); .10 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; .11 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and .12 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. §1681 et seq.). DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 27 11.6 Business Registration Requirement. 11.6.1 Design -Builder represents and warrants that it and all of its subconsultants, subcontractors and suppliers of every tier are properly licensed to perform the work for which they are contracted and have all applicable business licenses, including but not limited to any licenses or registrations required by the City of Spokane Valley, the State of Washington, and any other regulatory authority. Design -Builder shall be solely responsible for contacting the State of Washington Business License Services at http://bls.dor.wa.gov or 1-800-451-7985 to obtain a business registration. 11.7 Contractor's Registration Requirement. 11.7.1 Design -Builder represents and warrants that it and all of its subconsultants, subcontractors and suppliers performing construction work are properly licensed pursuant to RCW 39.06.010. 11.8 Apprenticeship Program 11.8.1 Design -Builder shall comply with the apprenticeship program set forth in RCW 39.04.320, as applicable. 11.9 Submission of Information to CPARB Design -Builder and its subcontractors and designers shall submit to Owner project information required by the Washington State Capital Projects Advisory Board pursuant to chapter 39.10 RCW. Specifically, and without limitation, Design -Builder must report to Owner its utilization of businesses certified by the Office of Minority and Women Business Enterprises ("OMWBE") and veteran certified businesses. 11.10 Inclusion Plans Design -Builder shall submit to Owner inclusion plans for underutilized firms as subcontractors and suppliers including, but not limited to, OMWBE certified businesses, veteran certified businesses, and small businesses as required in Exhibit C. 11.11 Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. 11.11.1 By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: .1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; .2 Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; .3 Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and DBIA Document No. 530 Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes ©2021 Thaxton Parkinson PLLC Page 28 .4 Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 11.11.2 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 11.12 Waiver 11.12.1 No officer, employee, agent, or other individual acting on behalf of either party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 11.13 Subcontractor Responsibility 11.13.1 As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 11.14 Anti -Kickback 11.14.1 No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 11.15 No Party is Drafter 11.15.1 Each party has had an opportunity to negotiate the provisions of this Agreement and its Exhibits and attachments, and neither party shall be construed as the drafter. 11.16 Severability 11.16.1 If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. DBIA Document No. 530 Standard Fomi of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a GMP © 2010 Design -Build Institute of America; changes © 2021 Thaxton Parkinson PLLC Page 29 In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. OWNER: DESIGN -BUILDER: City of Spokane Valley, WA Garco Construction, Inc. (Signature) (Signature) (Printed Name) (Printed Name) (Title) (Title) Date: Date: Caution: An original DBIA document has this caution printed in blue. This is a printable copy and an original assures that changes will not be obscured as may occur when documents are reproduced. GENERAL CONDITIONS OF PROGRESSIVE DESIGN -BUILD CONTRACT BETWEEN OWNER AND DESIGN -BUILDER Note: This document has been modified from the DBIA Form. A redlined version will be provided upon request. Document No. 535 Second Edition, 2010 DBIA Document No. 535 General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications © Thaxton Parkinson PLLC Page 1 Article 1 General 1.1 Mutual Obligations 1.1.1 Owner and Design -Builder commit at all times to cooperate fully with each other and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents. 1.1.2 Integrated Delivery: The Parties wish to fully embrace the principles of collaboration and integrated delivery in the performance of the Work of this Project. Integrated delivery emphasizes a cooperative approach to problem solving involving all key parties to the Project: the Owner, Design -Builder, Designer and principal Subcontractors (electrical, mechanical and others as the Design -Builder and the Owner jointly agree are appropriate). Toward that end, the Parties agree to employ the following techniques to maximize efficiency and minimize waste: .1 Create a culture of open and honest communication throughout the course of the Project; .2 Resolve disputes quickly and at the lowest possible level; .3 Integrate the design and construction team (including key specialty contractors and trade partners) as early as possible into the design process; .4 Utilize lean construction methods efficiently and effectively; .5 Establish a collaborative environment where all parties have the opportunity to contribute their best efforts for the benefit of the Project as a whole rather than to the benefit of individual parties; and .6 Establish equitable business terms for the parties who are members of the Design - Build Team. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design -Builder under DBIA Document No. 530, Progressive Design -Build Agreement Between Owner and Design -Builder — with Cost Plus Fee and a Guaranteed Maximum Price (2010 Edition, as revised). 1.2.2 Initial Basis of Design Documents are those documents developed as a Phase 1 deliverable that outline the scope of the Project and include the DBIA 530 Revised Form of Progressive Design -Build Agreement Between Owner and Design -Builder Cost plus Fee with a Guaranteed Maximum Price (as revised); the DBIA 535 Form of General Conditions of Progressive Design -Build Contract (as revised), and the other documents required as a Phase 1 deliverable. 1.2.3 Commercial Terms are any terms that establish a GMP, Not to Exceed, Lump Sum, Hourly Rate or Contract Time. 1.2.4 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by the Design -Builder consistent with the Initial and Final Basis of Design Documents unless a deviation from the Initial or Final Basis of Design Documents (as applicable) is specifically set forth in a Change Order executed by both the Owner and Design - Builder, as part of the design review process contemplated by Section 2.4 of these General Conditions of Contract. 1.2.5 Contingencies are the amounts available for Design -Builder's use and are defined in Section 6.4.4 of the Agreement. The Cost of the Work Contingency is defined in Section 6.4.4.1.a. The Design -Builder's Contingency is defined in Section 6.4.4.1.b. 1.2.6 Contract Time consists of the dates set forth in Article 5 of the Agreement. DBIA Document No. 535 General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications ©Thaxton Parkinson PLLC Page 0 1.2.7 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.8 Design -Build Team is comprised of the Design -Builder, the Design Consultant, and key Subcontractors identified by the Design -Builder. 1.2.9 Design Consultant is a qualified, design professional licensed in the State of Washington who is not an employee of Design -Builder, but is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder, to furnish design services required under the Contract Documents. A Design Sub -Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant but is retained by the Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents. 1.2.10 Design Log is a log of Reliable Design Decisions agreed upon by the parties. The Design Log supplements the Initial and Final Basis of Design Documents, as applicable. 1.2.11 Design Submission means any and all documents, shop drawings, electronic information, including computer programs and computer generated materials, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by, or for, the Design -Builder: (1) to the Owner under the Contract Documents; or (2) developed or prepared by or for the Design -Builder specifically to discharge its duties under the Contract Documents. 1.2.12 Final Basis of Design Documents are the documents agreed upon in the GMP Amendment by the Owner and Design -Builder at the conclusion of Phase 1 that comprise the performance and other requirements of the Project. 1.2.13 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission and receipt of all documents set forth in Section 6.7.2. 1.2.14 Force Majeure Events are those events that are beyond the control of both Design -Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God. 1.2.15 General Conditions of Contract refer to this DBIA Document No. 535, General Conditions of Contract Between Owner and Design -Builder (2010 Edition, as revised). 1.2.16 GMP Amendment means an amendment to the Agreement entered into the parties at the conclusion of Phase 1 that establishes the Final Basis of Design Documents, the GMP, the Project Schedule and other terms agreed to by the parties. 1.2.17 Phase 1 is the first phase of the Contract when the Design -Builder engages in consultation with the Owner and other stakeholders to develop the design, budget and schedule to a sufficient extent to allow the Design -Builder to submit a GMP Proposal. At the conclusion of Phase 1, the Design -Builder shall submit the deliverables set forth in the Contract Documents. 1.2.18 GMP Proposal means that proposal developed by Design -Builder in accordance with Section 6.6 of the Agreement. 1.2.19 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. 1.2.20 Key Team Members are those individuals who were identified as part of the Design - Builder's Statement of Qualifications and Proposal submitted pursuant to the procurement of this DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 1 Project. 1.2.21 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. 1.2.22 NTE Scope is the Scope of Work that is associated with a specific NTE Sum. 1.2.23 Original GMP is the GMP set forth in the GMP Amendment. 1.2.24 Owner Directed Allowances are the amounts defined in Section 6.4.1.6 of the Agreement. 1.2.25 Owner Provided Information is all information provided by the Owner to the Design -Builder during the course of the Project. 1.2.26 Phase 2 is the second phase of the Project that commences after the parties enter into the GMP Amendment. The scope of Phase 2 shall be set forth in the GMP Amendment. 1.2.27 Project Schedule is the schedule provided by the Design -Builder and approved by the Owner pursuant to Section 2.1.3 of the General Conditions and Exhibit C. 1.2.28 Reliable Design Decision is a decision, development, or election that refines the Initial Basis of Design Documents or Final Basis of Design Documents, that is approved by the Owner and that is set forth in the Design Log. A Reliable Design Decision cannot change the Initial Basis of Design Documents or Final Basis of Design Documents but shall instead constitute a further development or refinement of the design for the Project with which all subsequent design, development and Construction Documents shall be consistent. 1.2.29 Site is the land or premises on which the Project is located. 1.2.30 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include Design Consultants, materialmen, and suppliers. 1.2.31 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include Design Sub - Consultants, materialmen, and suppliers. 1.2.32 Substantial Completion or Substantially Complete means the date on which the Work, or an Interim Milestone Date, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes without compromising the building operation (including materially increasing operating expenses) or the user's ability to reasonably use all parts of the Project. 1.2.33 Trend is an issue identified in the Trend Log. 1.2.34 Trend Log is a log of issues that have been identified by the Design -Builder or the Owner during the design process that may cause any Commercial Term to be modified or cause the Contract Time to be exceeded. 1.2.35 Work shall mean the services, design and construction to be completed by the Design - Builder under the terms of this Contract. Work specifically includes the furnishing of all services, labor, materials, equipment, and all incidentals necessary to the successful completion of the services, design and construction, whether expressly required by or reasonably inferable from the Contract Documents, whether they are temporary or permanent, and whether they are incorporated into the finished Work or not. Work also includes all other obligations imposed on the Design - Builder by the Contract. The Work is sometimes generally referred to as the "Project." DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 2 1.2.36 Self -performed construction Work means construction Work that would normally be performed by a subcontractor and does not include any costs associated with design, construction management, or Work that would be included in or described as part of the Lump Sum General Conditions Costs set forth in Section 4.5 of the Agreement. Article 2 Design -Builder's Services and Responsibilities 2.1 General Services. 2.1.1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design -Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder. 2.1.2 Design -Builder shall provide Owner status reports detailing the progress of the Work as set forth in Exhibit C, including but not limited to (i) whether the Work is proceeding according to schedule, (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) whether health and safety issues exist in connection with the Work; (iv) status of the contingency accounts; and (v) other items that require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). In addition to the frequency set forth in Exhibit C, status reports shall be submitted with the Design - Builder's draft Payment Applications as a pre -requisite to payment. 2.1.3 Design -Builder shall prepare and submit the schedules and deliverables set forth in Exhibit C, including but not limited to the Project Schedule for the execution of Work for Owner's review and response. The Project Schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). The Project Schedule shall be revised as required by Exhibit C and the conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner's review of, and response to, the Project Schedule and other deliverables provided by Design -Builder shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement any procedures additional to Exhibit C, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.1.5 The Design -Build Team, which at a minimum shall consist of the Design -Builder's Representative and a representative from the lead designer and lead constructor, shall meet with the Owner at least on a weekly basis and shall provide to the Owner a written update regarding the status of the Project, including but not limited to the information required in Exhibit C and any issues that may have a material effect on the Project. The Design -Build Team shall issue meeting minutes within three days of meeting. 2.1.6 Design Builder hereby assigns to Owner all its interest in first -tier subcontracts now or hereafter entered into by Design Builder for performance of any part of the Work. The assignment will be effective upon acceptance by Owner in writing and only as to those subcontracts which the DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 3 Owner designates in writing. The Owner may accept said assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Design Builder's rights under the Contract Documents. Such assignment is part of the consideration to the Owner for entering into the Contract with Design Builder and may not be withdrawn prior to Final Completion. 2.2 Design Professional Services. 2.2.1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. Design -Builder shall provide to Owner a list of all Design Consultants and Design Sub -Consultants who will perform material portions of the Work. "Material portions of the Work" shall, at a minimum, include the civil, landscape, architectural, structural, mechanical, electrical, and plumbing design. Design -Builder shall not substitute a listed Design Consultant or Sub -Consultant without obtaining Owner's prior written consent, such consent shall not be unreasonably withheld. The Contract Documents shall not be construed to create a contractual relationship of any kind between Owner and any Design Consultant or Subconsultant of any tier including but not limited to any third -party beneficiary rights. Design -Builder assumes responsibility to Owner for the proper performance of the Work of the Design Consultants and any Sub -Consultant and any acts and omissions in connection with such performance. 2.3 Standard of Performance for Professional Services. 2.3.1 The standard of care for all professional services performed to execute the Work shall be the care and skill ordinarily used by members of the applicable profession practicing under similar conditions at the same time and locality of the Project. The Design -Builder shall also perform the design and construction so that the Work meets or exceeds the performance requirements set forth in the Initial and/or Final Basis of Design Documents. 2.3.2 Design Builder shall perform all activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. 2.4 Design Development Services. 2.4.1 Design -Builder shall provide the Design Submissions set forth in the Contract Documents. Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any additional interim Design Submissions that Owner may wish to review, which interim Design Submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. .1 Interim and final Design Submissions shall be consistent with the Initial and Final Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.1, as well as the Commercial Terms. By submitting a Design Submission, the Design -Builder represents to the Owner that the Work depicted and otherwise, shown, contained, or reflected in the Design Submission may be constructed for the then current Initial or Final Basis of Design Documents (as applicable) and the Commercial Terms. Notwithstanding the above, Design -Builder may propose designs that may alter the Initial or Final Basis of Design Documents, the Commercial Terms; however, Design -Builder must provide notice thereof in accordance with Article 10 and obtain a Change Order before such proposed designs are incorporated into an approved Design Submission or Construction Documents. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 4 .2 Design -Builder shall provide the Design Submissions set forth in Exhibit C. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Initial or Final Basis of Design Documents, or, if applicable, previously submitted Design Submissions. .3 The Owner shall review and comment on such Design Submissions, providing any comments and/or concerns about such Design Submissions. The Owner shall provide all comments on the Design Submissions within the time provided by the Schedule. The Design -Builder shall revise the Design Submissions (and any other deliverables) in response to the Owner's comments and incorporate said responses into the next Design Submission. .4 If incorporation of the Owner's comments result in a design that is inconsistent with the Initial or Final Basis of Design Documents or otherwise give rise to a change in the Initial or Final Basis of Design Documents or the Commercial Terms, the Design -Builder shall provide notice thereof in accordance with Article 10. Changes to the Initial or Final Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. .5 The Design -Builder shall provide an updated cost model for the Project periodically as required in Exhibit C. The Design -Builder shall also schedule and facilitate a one -day review meeting with the Owner to present and summarize changes in the Design Submission, changes to the scheduled Milestone dates and present an overview of cost model. .6 Design Loq. A Design Log, including a full listing of Reliable Design Decisions and all changes to the Initial and Final Basis of Design Documents, will be maintained by the Design -Builder and provided to all attendees for review. a. Both parties must agree to include a Reliable Design Decision in the Design Log. b. The Design Log shall be updated after every Design Review Meeting, and in any case, on a weekly basis. c. Once a Reliable Design Decision in the Design Log is approved in writing by the Owner, it shall be binding on the Design -Builder as if set forth in the Interim or Final Basis of Design Documents. d. The Design Log is for the sole purpose of tracking the development of the Design Submissions. If a Reliable Design Decision will cause a change in the Interim or Final Basis of Design Decisions, or any of the Commercial Terms, such changes must be processed pursuant to Articles 9 and 10. .7 Trend Loq. If either party does not know the extent to which a Design Submission or other potential change will alter a Commercial Term, either party may request in writing to identify a Trend in the Trend Log. a. The request to include a Trend in the Trend Log must include the following information: i. Identification of the portion of the Design Submission for which the costs are uncertain and may cause any Commercial Term to be exceeded; ii. The estimated change in the applicable Commercial Term; and iii. Potential impacts or changes to the Initial or Final Basis of Design Documents as a result of the Trend. b. Both parties must consent in writing to include the Trend in the Trend Log. The Design -Builder will track the Trend on the Trend Log, and the Trend Log shall be updated with the most recent information on a weekly basis. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 5 c. The parties will work collaboratively to resolve Trends in the Trend Log as quickly as possible. When a Trend in the Log is resolved and the resolution changes the Initial or Final Basis of Design Documents and/or any Commercial Term, the resolution shall be memorialized in a Change Order. If the resolution does not change the Initial or Final Basis of Design Documents and/or any Commercial Term, it shall be removed from the Trend Log. 2.4.2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim Design Submissions, as such submissions may have been modified by the parties and recorded as set forth in the Contract Documents. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above and Exhibit C. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of Design Submissions, meeting minutes, the Design Log, the Trend Log, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any Design Submissions, meeting minutes, the Design Log, the Trend Log and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. Design -Builder shall provide Owner with sufficient time in the Project Schedule to review and approve the Design Submissions, such time period shall not be less than ten business days. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder may prepare Design Submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements. 2.5.1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Commercial Terms shall be adjusted to compensate Design -Builder for the effects of any changes in the Legal Requirements enacted after the date the parties agree upon the Commercial Term. Such effects may include, without limitation, revisions Design -Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits. 2.6.1 Unless the parties have identified permits in an Owner's Permit List attached as either an exhibit to the Agreement or as part of the Initial or Final Basis of Design Documents, Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. 2.6.2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. 2.7 Design -Builder's Construction Phase Services. 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 6 supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design -Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design - Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. Design -Builder understands that the building will remain occupied during the course of the Project and will minimize, to the extent practicable, disruption to the building's occupants. 2.7.3 The Design -Builder shall assemble and install all equipment according to the applicable manufacturer's installation instructions. Work that does not conform to the applicable instructions and/or any resulting errors in assembly or installation shall be corrected by the Design -Builder. If the Owner determines that the Design -Builder has incorrectly assembled, installed and/or damaged any such equipment, the Design -Builder shall, at its own expense, furnish a competent manufacturer's representative to assist, instruct and approve the Design -Builder's corrected work. 2.7.4 If any materials or equipment are stored by Design -Builder, they shall be stored so as to ensure the preservation of their quality and fitness. Materials and equipment shall be placed on platforms or other hard, clean surfaces, and not on the ground, and shall be placed under cover and heated adequately to prevent condensation, oxidation or freezing. Stored materials and equipment shall be located so as to facilitate observation. The Design -Builder shall be responsible for all damage or loss that occurs as a result of its fault or negligence in connection with the care and protection of all materials and equipment until acceptance by the Owner. 2.7.5 Design -Builder is responsible for verifying that any equipment supplied by the Owner is in working order and sufficient for the purposes for which it was intended in the Project. If equipment furnished by Owner is not in working order or is not sufficient for the Project, Design -Builder shall notify Owner immediately, and Owner shall either repair or replace the equipment, at Owner's sole discretion. Design -Builder is responsible for the proper installation of the equipment furnished by Owner. 2.7.6 Design -Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design -Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. 2.8 Subcontracts 2.8.1 Design -Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Design -Builder shall, prior to the start of the Work applicable to each Subcontractor, provide Owner with a list of all Subcontractors performing the work to Owner. To the extent that the Design -Builder has not selected a Subcontractor prior to performing the applicable work, Design -Builder shall inform Owner in writing of the scope of work that has not been subcontracted and provide Owner a list of any subsequently added Subcontractors prior to the Subcontractor performing Work on the Project. Owner may reasonably object to Design -Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design - Builder's cost and/or time of performance. Design -Builder may not substitute listed Subcontractors without Owner's prior consent; such consent shall not be unreasonably withheld. The Contract Documents shall not be construed to create a contractual relationship of any kind between Owner and any Subcontractor of any tier. 2.8.2 Design -Builder shall submit a Subcontracting Procurement Procedure during Phase 1 as DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 7 required in Exhibit C, subject to the approval of the Owner. After approval by the Owner, Design - Builder may only modify the Subcontracting Plan upon obtaining written approval from the Owner. Design -Builder may not award any Subcontract on the basis of a lump sum price without obtaining prior written permission from the Owner, such permission shall not be unreasonably withheld. 2.8.3 All subcontracted Work associated with the performance of the construction shall be awarded by Design -Builder in accordance with a Subcontractor Procurement Procedure established during Phase 1. Design -Builder shall identify the scope of subcontracted Work ("Subcontract Package") and shall identify qualified Subcontractors for each Subcontract Package. Unless approved in writing by the Owner, the Subcontractor Procurement Procedure shall comply with the following: .1 All subcontracted work associated with performance of Construction Packages shall be award by the Design -Builder to Subcontractors in accordance with a best value selection process established between the parties. Unless otherwise agreed in writing by the parties, the best value selection process shall contain mutually acceptable evaluation criteria for the proposal and selection process that is clear and consistent and includes both qualifications and price. .2 The Design -Builder may only modify the Subcontractor Procurement Procedure after obtaining written approval from the Owner. Any such modification shall be at the sole risk and responsibility of the Design -Builder and without any modification to any applicable Commercial Terms. .3 The Design -Builder's selection of Subcontractors shall comply with the following requirements, unless modified by the Subcontractor Procurement Procedure approved in writing by the Owner: a. The Design -Builder shall identify the scope of the Work to be subcontracted and shall identify at least three pre -qualified Subcontractors for such scope for written approval by the Owner. b. After approval of the pre -qualified Subcontractors by the Owner, the Design -Builder shall select from the three pre -approved Subcontractors for the identified scope of the Work, unless it obtains prior written approval from the Owner to select a different Subcontractor. c. If the Design -Builder cannot reasonably identify three pre -qualified Subcontractors, it shall inform the Owner in writing as to the reason for the inability to identify the Subcontractors and shall not proceed with the selection of a Subcontractor without the prior written approval of the Owner. d. The Design -Builder shall select Subcontractors on the basis of the best value to the Project. If in the Design -Builder's determination, the Subcontractor who proposes the best value did not propose the lowest cost, the Design -Builder shall i) provide a written justification for the selection of the Subcontractor, and ii) obtain the Owner's written approval prior to Design -Builder entering into the Subcontract. 2.8.4 Design -Builder must obtain prior, written approval from the Owner for the Design -Builder or the lead Constructor (if the lead Constructor is not also the Design -Builder) to self -perform construction Work. 1. For each scope of Work for which Design -Builder proposes self -performance, Design - Builder must submit to the Owner a proposal that contains the following minimum information as well as any other information reasonably requested by the Owner: a. A detailed description of the scope of Work; and b. A detailed explanation of the effect of the self -performed construction Work on the Project, including but not limited to cost savings, benefits to the Project, and risks to the Project. 2. Design -Builder will provide the Owner with an estimate of the costs for all self -performed DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 8 construction Work on an open book basis. In calculating the costs for self -performed construction Work, the following shall apply: a. The costs for self -performed construction Work shall not include costs that are also included in the Lump Sum General Conditions Costs. b. Notwithstanding the above, Design -Builder may include in the costs for self - performed construction Work additional general conditions costs that are directly associated with the self -performed construction Work that Design -Builder would not have incurred but for the self -performed construction Work. 2.8.5 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights. 2.8.6 Design -Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design -Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.9 Design -Builder's Responsibility for Project Safety. 2.9.1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Design -Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design - Builder's personnel, Subcontractors and others as applicable. Design -Builder understands that the building will remain occupied during the course of the project and will incorporate the building's occupants in the Design -Builder's safety plan required pursuant to Exhibit C. 2.9.2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety -related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi -government authorities having jurisdiction over safety - related matters involving the Project or the Work. 2.9.3 Design -Builder's responsibility for safety under this Section 2.9 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work. 2.10 Design -Builder's Warranty. 2.10.1 Design -Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 9 Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this Section 2.10 or the Contract Documents. Design - Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. 2.11 Correction of Defective Work. 2.11.1 Design -Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.10 hereof, within a period of one year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents. 2.11.2 Design -Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design -Builder fails to commence the necessary steps within such seven (7) day period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design -Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design - Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. 2.11.3 The one-year period referenced in Section 2.11.1 above applies only to Design -Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design -Builder's other obligations under the Contract Documents. 2.12 Contract Phases 2.12.1 Phase 1. Phase 1 shall commence upon Notice to Proceed from the Owner and shall end on the Phase 1 Completion Date as set forth in DBIA Document 530, Section 5.2. The services provided by the Design -Builder during Phase 1 shall be established in Exhibit C. .1 In Phase 1, the Design -Builder shall carefully and thoroughly examine the information set forth in Exhibit C, the existing site conditions, and any other information provided by the Owner with respect to the Project. Such information includes, but is not limited to, as -built drawings of the existing facilities; necessary testing of existing facilities; geotechnical and other site conditions; and legal, permitting and regulatory requirements and restrictions .2 The Design -Builder may not rely on information provided by the Owner and must validate all information provided by the Owner during Phase 1 as set forth in Exhibit C. Notwithstanding the above, the parties recognize that the Design -Builder relied on the information set forth in the Request for Proposals to establish the Phase 1 NTE, and if the actual conditions differ materially from the information set forth in the RFP, then the Design - Builder shall provide Notice thereof and may be entitled to an equitable adjustment in the Phase 1 NTE, provided that the Design -Builder meets the requirements in Section 4.2.1 of the General Conditions. .3 The Design -Builder shall provide the submissions set forth in Exhibit C. In addition, the Design -Builder and the Owner shall, consistent with any applicable provision of the Contract Documents, agree upon the quantity and level of development for Design DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 10 Submissions that the Owner may wish to review, which Design Submissions may include Milestone Design Submissions, design criteria, drawings, diagrams and specifications setting forth the Project requirements. Design Submissions shall be consistent with the GMP and the information set forth in the RFP, as they may develop through the design process set forth in the Contract Documents. .4 Design -Builder must verify the information set forth in Exhibit C by the conclusion of Phase 1. The extent to which such verification will occur in Phase 1 shall be set forth in Exhibit C. If the Design -Builder discovers or should have discovered with reasonable diligence material differences from the actual conditions and the information provided in Exhibit C, Design -Builder shall, at the conclusion of Phase 1, provide Owner with written notice of any such material differences in the GMP Proposal. A "Material Difference" is defined as one that would either a) impact the Initial Basis of Design Documents or Design - Builder's Fee Percentage or b) be considered a Differing Site Condition pursuant to Section 4.2.1 of the General Conditions. Design -Builder shall not be entitled to a Change Order for Differing Site Conditions pursuant to Section 4.2.1(i) of the General Conditions if the Differing Site Condition could have been discovered, with reasonable diligence, during Phase 1. .5 At the conclusion of Phase 1, the Design -Builder will submit a GMP Proposal pursuant to Exhibit C and Section 6.6.2 of the Agreement. The parties will negotiate the Final terms of the GMP Proposal, and if the parties agree, they will enter into the GMP Amendment. Upon execution of the GMP Amendment, the Design -Builder shall provide a payment and performance bond for the amount of the GMP. .6 If the Design -Builder performs Work after the submission of the GMP Proposal but before the parties enter into the GMP Amendment pursuant to Section 6.6.2 of the Agreement, the Design -Builder shall be entitled to be paid in the same manner as it was paid during Phase 1; however, in no case shall the Design -Builder be entitled to be paid in excess of the Phase 1 NTE. 2.12.2 Phase 2. Phase 2 is the final phase of the Contract where the Design -Builder: (i) completes the design services and develops Construction Documents for the Project, (ii) performs the construction, start-up, testing and commissioning and closeout of the Project, (iii) undertakes any necessary warranty services for the Project, and (iv) performs other services as set forth in Exhibit C and the GMP Amendment. Article 3 Owner's Services and Responsibilities 3.1 Duty to Cooperate. 3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design -Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design -Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design - Builder's performance of its obligations under the Contract Documents. Owner will cooperate with Design -Builder with respect to the need to perform construction work in the building, which will remain occupied during the construction. 3.1.2 Owner shall provide timely reviews and approvals of Design Submissions and Construction Documents consistent with the turnaround times set forth in Design -Builder's schedule. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 11 3.1.3 Owner shall give Design -Builder timely notice of any Work that Owner notices to be defective or not in compliance with the Contract Documents. 3.2 Furnishing of Services and Information. 3.2.1 The Initial Basis of Design Documents sets forth the information provided by the Owner. 3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information. 3.3.1 If Design -Builder has reasonable belief that Owner will not have sufficient funds to complete the Project, at Design -Builder's written request, Owner shall promptly furnish reasonable evidence satisfactory to Design -Builder that Owner has adequate funds available and committed to fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design -Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. 3.3.2 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design -Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents. 3.4 Owner's Representative. 3.4.1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner's Representative shall communicate regularly with Design -Builder and shall be vested with the authority to act on behalf of Owner. 3.5 Government Approvals and Permits. 3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in Section 2.6.1. 3.5.2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, approvals and licenses that are Design -Builder's responsibility. 3.6 Owner's Separate Contractors. 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 12 Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions. 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design -Builder is not responsible for any Hazardous Conditions encountered at the Site that could have been reasonably discovered during Phase 1. Unless working with Hazardous Condition is part of the scope of the Work, upon encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi -government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions that are not set forth as part of the Work or that could not have been reasonably discovered during Phase 1, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site. 4.1.4 Unless expressly provided in the Contract Documents to be part of the Work, Design - Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including reasonable attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site pursuant to this Section. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. 4.1.7 With respect to Hazardous Conditions that are part of the Work, Design -Builder agrees to comply with all applicable regulatory authorities, including but not limited to any statute, regulation, or regulatory agency regarding such Hazardous Conditions. Design -Builder agrees to work cooperatively with Owner and regulatory agencies with jurisdiction over the Project to properly handle, dispose of, and/or remediate any Hazardous Conditions. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 13 4.2 Differing Site Conditions. 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design - Builder encounters a Differing Site Condition, Design -Builder will be entitled to an adjustment in the applicable Commercial Term to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. Notwithstanding the above, provided the parties sign the GMP Amendment, Design -Builder shall not be entitled to a Change Order for Differing Site Conditions pursuant to Section 4.2.1(i) of the General Conditions if the Differing Site Condition could have been discovered, with reasonable diligence, during Phase 1. 4.2.2 Upon encountering a Differing Site Condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. Design - Builder and Owner shall work together cooperatively to determine the appropriate course of action regarding any Differing Site Condition. 4.3 Archaeological Resources 4.3.1 In the event the Design -Builder or any of its Subcontractors inadvertently discover archaeological resources at any time during the project, Design -Builder shall immediately notify the Owner and suspend all excavation activities at the site. 4.3.2 "Archaeological Resource" shall mean any material remains of human life or activities which are of interest. This shall include all sites, objects, structures, artifacts, implements, and locations of prehistoric or archaeological interest, whether previously recorded or still unrecognized, including, but not limited to objects pertaining to prehistoric and historic American Indian or aboriginal burials, campsites, dwellings, and their habitation sites, including rock shelters and caves, their artifacts and implements of culture such as projectile points, arrowheads, skeletal remains, grave goods, basketry, pestles, mauls and grinding stones, knives scrapers, rock carvings and paintings, and other implements and artifacts of any material or form. 4.3.3 The disturbance of any cairn or Native Indian grave is prohibited by the Indian Graves and Records Act (RCW 27.44). Article 5 Insurance and Bonds 5.1 Design -Builder's Insurance Requirements. 5.1.1 Design -Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in the Agreement. 5.1.2 Design -Builder's insurance shall specifically delete any design -build or similar exclusions that could compromise coverages because of the design -build delivery of the Project. 5.1.3 Upon signing and returning the signed Agreement to the Owner, and in any event, prior to performing any Work under this Agreement, Design -Builder shall provide Owner with certificates DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 14 evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to Owner. If any of the foregoing insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Design -Builder with reasonable promptness according to the Design -Builder's information and belief. 5.1.4 The Design -Builder's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Design -Builder to the coverage provided by such insurance, or otherwise limit the Owner's recourse to any remedy available at law or in equity. 5.1.5 Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 5.1.6 As evidence of the insurance coverages required by this Agreement, Design -Builder shall furnish acceptable insurance certificates to Owner at the time Design -Builder returns the signed Agreement, which shall be Exhibit D. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to Owner acceptance. If requested, complete copies of insurance policies shall be provided to Owner. Design -Builder shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. 5.1.7 Failure on the part of the Design -Builder to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving as least five business days' notice to Design -Builder to correct the breach, immediately terminate the 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 Owner on demand, or at the sole discretion of the Owner, offset against funds due Design -Builder from the Owner. 5.1.8 Design -Builder shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Design -Builder -provided insurance as set forth herein, except Design -Builder shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Design -Builder shall ensure that the Owner is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 5.1.9 Design -Builder's insurance coverage shall be primary insurance with respect to Owner. Any insurance, self-insurance, or insurance pool coverage maintained by Owner shall be excess of Design -Builder's insurance and shall not contribute with it. 5.1.10 Design -Builder shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Design -Builder. 5.1.11 If Design -Builder maintains higher insurance limits than the minimums shown above, Owner shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Design -Builder, irrespective of whether such limits maintained by Design - Builder are greater than those required by this Agreement or whether any certificate of insurance furnished to the Owner evidences limits of liability lower than those maintained by Design -Builder. 5.2 Owner's Liability Insurance. 5.2.1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located such liability insurance as set forth in the Insurance Exhibit DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 15 to the Agreement to protect Owner from claims which may arise from the performance of Owner's obligations under the Contract Documents or Owner's conduct during the course of the Project. 5.3 Builder's Risk Insurance. 5.3.1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located builder's risk insurance on an "all risk" or equivalent policy form upon the entire Project to the full insurable value of the Project, including professional fees, overtime premiums and all other expenses incurred to replace or repair the insured property. The property insurance obtained by Owner shall be on a special perils form and shall include but not be limited to the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents. A copy of the builder's risk policy shall be made available to the Design -Builder. The builder's risk insurance shall include physical loss or damage to the Work, including temporary buildings, debris removal, and damage to materials and equipment in transit, at the Site or at another location as may be indicated in Design -Builder's Application for Payment and approved by Owner. The Design -Builder is responsible for the payment of any deductibles under the insurance required by this Section 5.3.1 to the extent that the Design -Builder, or any subcontractor or subconsultant of any tier is responsible for the claim against the builder's risk insurance. 5.3.2 Not Used. 5.3.3 Not Used. 5.3.4 Any loss covered under the builder's risk insurance shall be adjusted with Owner and Design -Builder and made payable to both of them as trustees for the insureds as their interests may appear, subject to any applicable mortgage clause. All insurance proceeds received as a result of any loss will be placed in a separate account and distributed in accordance with such agreement as the interested parties may reach. Any disagreement concerning the distribution of any proceeds will be resolved in accordance with Article 10 hereof. 5.3.5 Owner and Design -Builder waive against each other and Owner's separate contractors, Design Consultants, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. Design -Builder and Owner shall, where appropriate, require similar waivers of subrogation from Owner's separate contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. These waivers of subrogation shall not contain any restriction or limitation that will impair the full and complete extent of its applicability to any person or entity unless agreed to in writing prior to the execution of this Agreement. Such waiver shall be effective whether the person or entity would otherwise have a duty of indemnification, do not pay the insurance premiums, and whether or not the person or entity had an insurable interest in the property damaged. Article 6 Payment 6.1 Schedule of Values. 6.1.1 Design -Builder shall submit for Owner's review and approval a preliminary schedule of values for all of the Work as set forth in Exhibit C. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work. Design - Builder will furnish, as part of the Schedule of Values, adequate and reliable cost justification and documentation so as to provide both Owner and Design Builder a transparent understanding of the cost data estimates and bids that comprise the initial baseline Schedule of Values as well as any updates thereto. Design -Builder will provide a final Schedule of Values with the GMP Proposal. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 16 6.1.2 The Owner will timely review and approve the Schedule of Values so as not to delay the submission of the Design -Builder's first application for payment. The Owner and Design -Builder shall timely resolve any differences so as not to delay the Design -Builder's submission of its first application for payment. 6.2 Monthly Progress Payments. 6.2.1 On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof. 6.2.2 If authorized by Owner, the Application for Payment may include request for payment for equipment and/or material delivered to the Site and suitably stored, or for completed preparatory work. Payment may similarly be requested for material stored off Site, provided Design -Builder complies with or furnishes satisfactory evidence of the following: .1 The material will be placed in a warehouse that is structurally sound, dry, lighted and suitable for the materials to be stored; .2 The warehouse is located within a 10-mile radius of the Project. Other locations may be utilized, if approved in writing, by Owner; .3 Only materials for the Project are stored within the warehouse (or a secure portion of a warehouse set aside for the Project); .4 Design -Builder furnishes Owner a certificate of insurance extending Design- Builder's insurance coverage for damage, fire, and theft to cover the full value of all materials stored, or in transit; .5 The warehouse (or secure portion thereof) is continuously under lock and key, and only Design -Builder's authorized personnel shall have access; .6 Owner shall at all times have the right of access in the company of Design -Builder; .7 Design -Builder and its surety assume total responsibility for the stored materials; .8 Design -Builder furnishes to Owner certified lists of materials stored, bills of lading, invoices, and other information as may be required, and shall also furnish notice to Owner when materials are moved from storage to the Site; and .9 Upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 6.2.3 All discounts offered by Subcontractor, Sub -Subcontractors and suppliers to Design - Builder for early payment shall accrue one hundred percent to Design -Builder to the extent Design - Builder advances payment. Unless Owner advances payment to Design -Builder specifically to receive the discount, Design -Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought. 6.2.4 The Application for Payment shall constitute Design -Builder's representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design -Builder's receipt of payment, whichever occurs earlier. 6.3 Withholding of Payments. 6.3.1 On or before the date established in the Agreement, Owner shall pay Design -Builder all amounts properly due. If Owner determines that Design -Builder is not entitled to all or part of an DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 17 Application for Payment as a result of Design -Builder's failure to meet its obligations hereunder, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof. 6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design -Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 6.4 Right to Stop Work and Interest. 6.4.1 If Owner fails to pay timely Design -Builder any undisputed amount that becomes due, Design -Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof, provided Design -Builder gives Owner five business days' written notice of its intent to stop work and an opportunity to cure the late payment. All payments due and unpaid shall bear interest at the rate set forth in the Agreement. 6.5 Design -Builder's Payment Obligations. 6.5.1 Design -Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design -Builder will indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in Section 7.3 hereof. 6.6 Substantial Completion. 6.6.1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work representing an Interim Milestone, has achieved Substantial Completion. Within five (5) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that Design -Builder has achieved Substantial Completion in accordance with the requirements of the Contract Documents. If Design - Builder has achieved Substantial Completion, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design -Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 6.6.2 Not Used 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design - Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design -Builder agree that Owner's use or occupancy will not interfere with Design - Builder's completion of the remaining Work. 6.7 Final Payment. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 18 6.7.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has achieved Final Completion. 6.7.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information: .1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; .2 A general release executed by Design -Builder waiving, upon receipt of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; .3 Consent of Design -Builder's surety, if any, to final payment; .4 All operating manuals, warranties, record drawings, and other deliverables required by the Contract Documents; .5 "As Built" drawings, with any and all implemented changes that constitute a final record set of the Project; and .6 Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 6.7.3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents. 6.7.4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design -Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design -Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed. 6.7.5 Owner shall release the Contract Retainage pursuant to RCW 60.28.011. Article 7 Indemnification 7.1 Patent and Copyright Infringement. 7.1.1 Design -Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design -Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design -Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Design -Builder in any such action or proceeding. Design -Builder agrees to keep Owner informed of all developments in the DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 19 defense of such actions. 7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design -Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design -Builder cannot so procure such right within a reasonable time, Design -Builder shall promptly, at Design -Builder's option and at Design -Builder's expense, (i) modify the Work so as to avoid infringement of any such patent or copyright or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright. 7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design -Builder to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design -Builder to the same extent Design -Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above. 7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright. 7.2 Not Used. 7.3 Payment Claim Indemnification. 7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to Design -Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design -Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design -Builder liable for costs and expenses incurred, including attorneys' fees. 7.4 Design -Builder's General Indemnification. 7.4.1 Except as set forth in Section 7.4.2 below, Design -Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Owner, its Consultants, and their respective, its officers, directors, and employees (collectively "Indemnitees") from and against claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable. 7.4.2 For indemnity obligations that arise from professional errors and omissions, Design - Builder, to the fullest extent permitted by law, shall indemnify Owner, its officers, directors, and employees from and against claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death and property damage or destruction (other than to the Work itself) but only to the extent resulting from the negligent acts or omissions of Design - Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable. 7.4.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then Design -Builder's duty to indemnify shall not apply to liability for damages arising out DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 20 of Design -Builder's services or out of bodily injury to persons or damage to property that are (a) caused by or resulting from the sole negligence of Indemnitee or (b) caused by or resulting from the concurrent negligence of (i) Indemnitee, its agents or employees and (ii) Design -Builder, its agents or employees, with such liability limited only to the extent of the negligence of Design - Builder, it's agents or employees. 7.4.4 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design -Builder's indemnity obligations set forth above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design -Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. Solely for the purposes of the indemnification obligations under this Agreement, Design Builder specifically and expressly waives any immunity that may be granted it under the worker's compensation laws under the Washington State Industrial Insurance Act, Title 51 RCW; provided that such waiver shall be expressly limited to Design -Builder's indemnity obligations herein and shall not be intended as a benefit to any third party. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers compensation acts, disability benefits acts, or other employee benefits acts. This waiver was mutually negotiated. 7.4.4 THE PARTIES ACKNOWLEDGE THAT THE INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT AND THE WAIVER OF IMMUNITY UNDER RCW TITLE 51 WERE MUTUALLY NEGOTIATED. OWNER'S INITIALS: ( DESIGN -BUILDER'S INITIALS: ( ) 7.4.5 The Owner shall not be responsible or be held liable for any damage to person or property consequent upon the use, misuse or failure of any crane, hoist, rigging, blocking, scaffolding or other equipment used by the Design -Builder or any of its Subcontractors, even though the said crane, hoist, rigging, blocking, scaffolding, or other equipment be furnished or loaned to the Design - Builder by the Owner. The acceptance and/or use of any such crane, hoist, rigging, blocking, scaffolding or other equipment by the Design -Builder or its Subcontractors shall be construed to mean that the Design -Builder accepts all responsibility for any claims for damages whatsoever resulting from the use, misuse or failure of such apparatus whether such damages by its own employees or property or to the employees or property of other contractors, the Owner, or otherwise. 7.5 Lower Tier Contractors Indemnification Obligations 7.5.1 Design -Builder shall include in its contracts with all lower tier contractors, including but not limited to its Design Consultant, Subconsultants, and Subcontractors, the indemnification obligations set forth in this Agreement and the General Conditions and shall include Owner as an Indemnitee for all such indemnification provisions. 7.6 Survival 7.6.1 The Indemnification obligations in this Article shall survive the expiration or termination of this Agreement. 7.7. Limited Recourse. 7.7.1 None of the obligations set forth in this Agreement (on behalf of any Party) constitute personal obligations of any natural persons who are the officers, shareholders, members, partners, employees or agents of any Party unless the natural person is expressly identified as a contracting DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 21 party. All Parties to this Agreement shall not seek recourse against any natural person described herein. This provision, however, shall not protect such natural persons from liability for willful misconduct, illegal acts or intentional violation of any duty of corporate loyalty. Article 8 Time 8.1 Obligation to Achieve the Contract Times. 8.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement and any Amendment to the Agreement. 8.2 Delays to the Work. 8.2.1 If Design -Builder is delayed on the critical path in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design -Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design -Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. 8.2.2 In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price provided, however, that the Contract Price shall not be adjusted for Force Majeure Events unless otherwise provided in the Agreement. Article 9 Changes to the Contract Price and Time 9.1 Change Orders. 9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following: .1 The scope of the change in the Work; .2 The amount of the adjustment to the Contract Price or any Commercial Term; and .3 The extent of the adjustment to the Contract Time(s) or any Commercial Term. 9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. Unless expressly set forth in the Change Order, Change Orders shall include all costs, including but not limited to all incidental and indirect costs and time extensions associated with the Change. Changes Orders will not be allowed unless there is an actual change to the Work. 9.1.3 If Owner requests a proposal for a change in the Work from Design -Builder and DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 22 subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design -Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. 9.1.4 Owner may make changes in the Project, including but not limited to adding and/or removing Work from the Project. In such case, Design -Builder shall work with the Owner to adjust the remaining Work to meet as many of Owner's Project changes as reasonably possible within the applicable Commercial Term. At Owner's sole discretion, it may remove Work from the Project rather than increase the applicable Commercial Term to equitably adjust for claims by Design - Builder pursuant to Article 10 or Differing Site Conditions pursuant to Section 4.2. 9.2 Work Change Directives. 9.2.1 A Work Change Directive is a written order prepared and signed by Owner directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 9.2.2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 9.3 Minor Changes in the Work. 9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design -Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 9.4 Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: .1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; .2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; .3 The Cost of the Work as set forth in the Agreement; or .4 If an increase or decrease cannot be agreed to as set forth in items.1 through.3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including the Fee Percentage (if applicable), as set forth in the Agreement. 9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design -Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 9.4.3 If Owner and Design -Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 23 or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to Article 10 hereof. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design -Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design -Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs, Design -Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice Design - Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 9.5 Emergencies. 9.5.1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. Article 10 Contract Adjustments and Disputes 10.1 Requests for Contract Adjustments and Relief. 10.1.1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such written notice shall be separate from the Design Log or Trend Log maintained by the Design - Builder, unless the parties specifically agree to allow the Design Log or Trend Log to operate as such written notice of claims. The Design -Builder shall provide more complete information with respect to the claim within fourteen (14) days of the initial notice, the more complete information shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. The failure to provide timely written notice of any claim shall operate as a waiver of such claim, but only to the extent that the failure to provide timely written notice prejudices the position of the non - claiming party. 10.2 Dispute Avoidance and Resolution. 10.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 10.2.2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 24 field level through discussions between Design -Builder's Representative and Owner's Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Owner and Design -Builder mutually agree otherwise. 10.2.3 If a dispute or disagreement cannot be resolved through Design -Builder's Representative and Owner's Representative, Design -Builder's Senior Representative and Owner's Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Five (5) days prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 10.2.4 If after meeting the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit within thirty (30) days of the conclusion of the meeting of Senior Representatives the dispute or disagreement to non -binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Unless otherwise mutually agreed by the Owner and Design -Builder and consistent with the mediator's schedule, the mediation shall commence within ninety (90) days of the submission of the dispute to mediation. Good faith mediation is a condition precedent to proceeding with arbitration or other binding dispute resolution procedure. Representatives of the parties with authority to resolve the dispute shall be present at any mediation. 10.3 Litigation. 10.3.1 Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 above, shall be decided by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. 10.3.2 The prevailing party in any final, binding dispute proceeding upon which the parties may agree, shall be entitled to recover from the other party reasonable attorneys' fees and expenses incurred by the prevailing party. The prevailing party, if any, shall be determined by the applicable binding dispute tribunal. 10.4 Duty to Continue Performance. 10.4.1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design -Builder for undisputed amounts to Design -Builder as well as any further amounts pursuant to Section 9.4.3, pending the final resolution of any dispute or disagreement between Design -Builder and Owner. 10.5 CONSEQUENTIAL DAMAGES. 10.5.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTIONS 10.5.2 AND 10.5.3 BELOW), NEITHER DESIGN -BUILDER NOR OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. 10.5.2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 25 or reward Design -Builder for some damages that might otherwise be deemed to be consequential. 10.5.3 The consequential damages limitation set forth in Section 10.5.1 above does not affect the ability of any party to recover consequential damages that are covered by insurance. Article 11 Stop Work and Termination for Cause 11.1 Owner's Right to Stop Work. 11.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 11.1.2 Design -Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if i) its cost or time to perform the Work has been materially and adversely impacted by any suspension of stoppage of the Work by Owner, ii) the Design -Builder is entitled to the adjustment pursuant to the other provisions of the Contract Documents, and iii) the Design -Builder complies with all provisions of the Contract Documents regarding an adjustment to the Contract Price and/or Contract Time. 11.2 Owner's Right to Perform and Terminate for Cause. 11.2.1 If Design -Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, (vi) perform material obligations under the Contract Documents, or (vii) comply with the requirements regarding safety, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below. 11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design -Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design -Builder's receipt of such notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design -Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration. 11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design -Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of any Commercial Term, then Design -Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the reprocurement and defense of claims arising from Design -Builder's default, DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 26 subject to the waiver of consequential damages set forth in Section 10.5 hereof. 11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement. 11.3 Design -Builder's Right to Stop Work. 11.3.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons: .1 Owner's failure to provide financial assurances as required under Section 3.3 hereof; or .2 Owner's failure to pay amounts properly due under Design -Builder's Application for Payment. 11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design -Builder has the right to provide Owner with written notice that Design -Builder will stop the Work unless said event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. Design -Builder may not stop work unless it provides such written notice. If Owner does not cure the problem within such seven (7) day period, Design -Builder may stop the Work. In such case, Design -Builder shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 11.4 Design -Builder's Right to Terminate for Cause. 11.4.1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: .1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible. .2 Owner's failure to provide Design -Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. .3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design -Builder has stopped the Work. 11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design -Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 27 11.5 Bankruptcy of Owner or Design -Builder. 11.5.1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: .1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non -Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and .2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non -Bankrupt Party under this Article 11. 11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions of Contract. Article 12 Electronic Data 12.1 Electronic Data. 12.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 12.2 Transmission of Electronic Data. 12.2.1 Owner and Design -Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed -upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 12.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 28 12.3 Electronic Data Protocol. 12.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3. 12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. 12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 13 Miscellaneous 13.1 Confidential Information. 13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. This subsection is subject to application of Washington's Public Record Act, chapter 42.56 RCW., which requires the disclosure of most public records. 13.2 Assignment. 13.2.1 Neither Design -Builder nor Owner shall, without the written consent of the other assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 13.3 Successorship. 13.3.1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 29 13.4 Governing Law. 13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. 13.5 Severability. 13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 13.6 No Waiver. 13.6.1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 13.7 Headings. 13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 13.8 Notice. 13.8.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient, or (iv) by electronic mail, by the time frame stated in the email generated confirmation that notice was received by the email of the intended recipient. 13.9 Amendments, Work Directives and Change Orders. 13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. DBIA Document No. 535 Standard Form of General Conditions of Contract Between Owner and Design -Builder © 2010 Design -Build Institute of America; modifications 02021 Thaxton Parkinson PLLC Page 30 EXHIBIT A INITIAL BASIS OF DESIGN DOCUMENTS CITY OF SPOKANE VALLEY CITY HALL REMEDIATION The following is a list of the Initial Basis of Design Documents. The Design -Builder shall validate these documents pursuant to Exhibit C. 1. Building Condition Assessment Observations, Findings, & Preliminary Scope of Repair Report — up to and including Addendum #3, prepared by the Amento Group and dated September 30, 2022. 2. As -built Plans and Detail Manual from original construction, prepared by Architects West and dated January 19, 2018. 3. Architectural Manual and Mechanical Electrical Manual (Specifications) from original construction, prepared by Architects West and dated March 18, 2016. 4. Shop Drawings from original construction as follows: a. Structural Steel Framing, prepared by Metals Fabrication Co, Inc. and dated June 2, 2016. b. Steel Joist Framing, prepared by Nucor and dated August 2, 2016. c. Fabricated Wood Trusses Drawing, prepared by Meridian Construction and dated August 25, 2016. d. Fabricated Wood Trusses Design, prepared by MiTek and dated August 25, 2016. 5. DRAFT 90% complete (+/-) Chambers Remediation Scope of Repair Plans and Project Manual, prepared by the Amento Group and dated October 12, 2022. EXHIBIT B1 INSURANCE REQUIREMENTS CITY OF SPOKANE VALLEY CITY HALL REMEDIATION PROJECT Insurance Exhibit Design -Builder's Insurance Requirements (The Parties should consult their insurance advisors prior to completing this Exhibit) 1.1 Insurance Types and Limits. 1.1.1 Design -Builder shall purchase and maintain insurance of the types, with limits of liability, containing such endorsements and subject to such terms and conditions as follows, as well as Article 5 of DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2010 Edition): (Specify each type of insurance as applicable, minimum ratings of the carriers, applicable limits and deductible amounts, required endorsements, and other terms and conditions, as applicable.) Type of Insurance [Insert Rating of Carrier] Minimum Limits Required Per Claim/Occurrence Minimum Limits Required Aggregate Policy Limits Maximum Deductible* 1. Worker's Compensation Statutory Limits Statutory Limits 2. Employer's Liability (Bodily Injury by Accident) $2,000,000 $2,000,000 *AII deductibles shall be reasonable and approved by Owner a. By Disease $2,000,000 $2,000,000 See above b. Each Accident $2,000,000 $2,000,000 See above c. Each Employee $2,000,000 $2,000,000 See above 3. Commercial General Liability $2,000,000 $4,000,000 See above a. Bodily Injury/Property Damage per occurrence limit $2,000,000 $2,000,000 See above b. Bodily Injury/Property Damage aggregate limit $4,000,000 $4,000,000 See above c. Products/Completed Operation aggregate limit $2,000,000 $2,000,000 See above d. Personal and Advertising Injury aggregate limit n/a n/a See above e. Medical Expense limit (any one person) $2,000,000 $2,000,000 See above 4. Contractor's Protective Liability (if applicable) $ $ See above 5. Commercial Automobile Liability $2,000,000 $2,000,000 See above Type of Insurance [Insert Rating of Carrier] Minimum Limits Required Per Claim/Occurrence Minimum Limits Required Aggregate Policy Limits Maximum Deductible* 6. Professional Errors and Omissions pursuant to Section 1.3 (A) and 1.3 (B) below (per claim/aggregate) providing coverage for services performed by the named insured and any person or entity for whom the named insured is responsible $4,000,000 $4,000,000 See above 7. Contractor's Pollution Liability including coverage for microbial matter (if applicable) $n/a $n/a 8. Umbrella Excess Liability Insurance $10,000,000 $10,000,000 See above 1.1.2 The insurance required by this Section 1.1.1 shall be written for not less than limits of liability specified in the table above or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the Work until date of Final Payment. 1.1.3 PROFESSIONAL LIABILITY INSURANCE. 1.1.3(A) Professional Liability Insurance To Be Provided By Design Consultant. Such policies must provide coverage for the scope of professional services to be provided by or on behalf of the Design Consultant. [Note: Even if this coverage part is selected, the Design -Builder should consider obtaining its own professional liability coverage.] 0 The requirement for professional liability coverage on this Project shall be the standard form practice policy provided by Design Consultant. Design -Builder shall provide Owner with prior written notice of any cancellation or non -renewal of the Design Consultant's practice policy and shall include in the Design Consultant Agreement a provision requiring the Design Consultant to give the Design -Builder 30 Days written notice of any cancellation or non -renewal. 1.1.3(A).1 The only permissible exclusion, limitation or restriction with respect to construction means, methods and techniques is one that applies to the implementation of such construction means, methods, techniques, sequences, or procedures by the Design Consultant or any person or entity providing design or other professional services as its Sub -Consultant. This exclusion is permissible only if such entities are not performing any construction activities. Notwithstanding the above, a Design Consultant's professional liability policy also cannot contain any restriction, limitation or exclusion pertaining to the design of construction means, methods, techniques, sequences or procedures. 1.1.3(A).2 Any exclusion, limitation or restriction related to Products or Product Design must be modified so as to provide coverage for goods or products installed. 1.1.3(A).3 Faulty Work exclusion, limitation or restriction can only be applicable to the work self -performed by the Design Consultant. 1.1.3(A).4 The policy must provide coverage for damages resulting from delays, including delays in project completion and cost overruns that result from the rendering or failure to render professional services. 1.1.3(A).5 If any portion of the design or other professional service is to be performed by any person or entity other than Design Consultant then it is the responsibility of DBIA - Insurance Exhibit General Contractor's and Subcontractor's Insurance Requirements © 2010 Design -Build Institute of America Page 2 Design Consultant to ensure that such person or entity provide Design -Builder and Design Consultant with evidence of insurance to comport with this Exhibit. 1.1.3(A).6 Waiver of subrogation is to be provided in favor of Design -Builder and its officers, directors and employees, and (if commercially available) Owner and its officers, directors and employees. 1.1.3(B) Professional Liability Insurance To Be Provided By Design -Builder. Such policies must provide coverage for the scope of professional services to be provided by or on behalf of the Design -Builder. 0 The requirement for professional liability coverage on this Project shall be the standard form practice policy provided by Design -Builder. Design -Builder shall provide Owner with prior written notice of any cancellation or non -renewal of the Design -Builder's practice policy. 1.1.3(B).1 The Design -Builder's policy cannot contain any restriction, limitation or exclusion pertaining to construction means, methods, techniques, sequences or procedures except that the professional liability policy can exclude, limit or restrict coverage for claims, but only to the same extent that such coverage is provided by the Design -Builder's valid and collectible commercial general liability/umbrella excess liability policies. Notwithstanding the above, a Design -Builder's professional liability policy also cannot contain any restriction, limitation or exclusion pertaining to the design of construction means, methods, techniques, sequences, or procedures. 1.1.3(B).2 Any exclusion, limitation or restriction related to Products or Product Design must be modified so as to provide coverage for goods or products installed. 1.1.3(B).3 Faulty Work exclusion, limitation or restriction can only be applicable to the work self -performed by the Design -Builder. 1.1.3(B).4 The policy must provide coverage for damages resulting from delays, including delays in project completion, and cost overruns that result from the rendering or failure to render professional services. 1.1.3(B).5 If any portion of the design or other professional service is to be performed by any person or entity other than Design -Builder then it is the responsibility of Design - Builder to ensure that person or entity provide Design -Builder with evidence of insurance to comport with this Exhibit. 1.1.3(B).6 Waiver of subrogation is to be provided in favor of Design -Builder and Owner (if commercially available) and their respective officers, directors and employees. 1.1.4 Any coverage required to be maintained after Final Payment shall be identified below. (List here any coverages required to be maintained after Final Payment is made) General Liability, including completed operations coverage Worker's Compensation Professional Liability, including Contractor's Protective Liability, if applicable. Umbrella Coverage Such coverage shall remain in place for six (6) years after Substantial Completion. 2.1 Coverage Parameters and Endorsements. DBIA - Insurance Exhibit General Contractor's and Subcontractor's Insurance Requirements © 2010 Design -Build Institute of America Page 3 2.1.1 Commercial General Liability Insurance shall be written on an occurrence basis, utilizing standard ISO at least as broad as CG 00 01 or equivalent. Endorsements excluding, restricting, or limiting coverage may be acceptable under certain circumstances provided the same are agreed upon by Owner and Design -Builder. Commercial General Liability Insurance shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse, or underground property damage. 2.1.1.1 Acceptable professional liability exclusions to the Design -Builder's commercial general liability insurance are limited to ISO endorsements CG 2280 or CG 2279 or their equivalent. 2.1.2 General Liability, Automobile Liability, Worker's Compensation/Employers Liability and Umbrella Excess Liability policies shall each include the following endorsements: 2.1.2.1 Unintentional Errors and Omissions Endorsement 2.1.2.2 Notice of Occurrence Endorsement 2.1.2.3 Knowledge of Occurrence Endorsement 2.1.3 Commercial Automobile Liability coverage shall be provided by standard ISO Commercial Automobile or Truckers Policy covering all Owned, Non -Owned and Hired Vehicles and at least as broad as ISO form CA 00 01. 2.1.4 Umbrella/Excess Liability must schedule Commercial General Liability, Automobile/Truckers Liability and Employers Liability as underlying policies. The Umbrella/Excess Liability policies shall be written in accordance with the scheduled underlying policies and must be as broad as the underlying policies. 2.1.5 Contractors Pollution Liability shall either be written on an occurrence or claims -made basis. If written on a claims -made basis, the policy must comport to Section 4.1.5. 2.1.5.1 The policy is to provide coverage for off -site transportation by all applicable modes of conveyance. When required, coverage is also to be provided for claims involving materials removed from the site and brought to off -site disposal, treatment and storage facilities. 2.1.5.2 Any restriction, limitation, or exclusion related to Naturally Occurring Substances must be modified so as not to apply to microbial matter and the release of such Naturally Occurring Substances as a result of the performance of Operations. 3.1 Additional Insureds 3.1.1 Owner and Owner's officers, directors and employees shall be included as an additional insured on general liability, umbrella and automobile liability policies of insurance of the Design - Builder and its Subcontractors and Design Consultants at any tier. If required, as set forth above, Owner shall also be included as an additional insured on the Design -Builder's Contractor's Pollution Liability policy of insurance. No person shall be named as an additional insured on any professional liability policy. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. DBIA - Insurance Exhibit General Contractor's and Subcontractor's Insurance Requirements © 2010 Design -Build Institute of America Page 4 Any coverage granted to an additional insured shall be primary and that coverage independently carried by an additional insured shall not contribute. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be excess of Design -Builder's insurance and shall not contribute with it. Design -Builder shall furnish to Owner a copy of all Certificates of Insurance showing the Owner as additional insured as set forth above. Design -Builder shall require Subcontractors and Design Consultants of any tier to furnish such certificates, and upon request of the same will furnish them to the Owner. Owner shall not be an additional insured on any other of Design -Builder's policies except for those which are specifically listed below: (List here any other policies for which the Owner will be an additional insured, as well as other entities who are to be named an additional insured.) 3.1.2 Each of the policies designated in section 3.1 is to provide a waiver of subrogation in favor of those persons or entities included as additional insureds. A waiver of subrogation is also to be provided to such entities under Worker's Compensation/Employer's Liability policies. 3.1.3 Additional Insured coverage provided under the Commercial General Liability/Umbrella/Excess and, if applicable, Design -Builder's Contractor's Pollution Liability policies, shall cover both the premises/operations and completed operations hazards. 4.1 Terms and Effective Dates. 4.1.1 4.1.2 If the Contractor's Pollution Policy is made on a claims -made basis, the policy date or Retroactive Date shall predate the Agreement. The termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after Final Payment is made. 4.1.3 Professional Liability coverage shall be retroactive to the date that professional services first commenced. 4.1.4 4.1.5 All Claims -Made Policies must: (a) permit reporting of circumstances that could give rise to a claim; and (b) provide coverage for post -expiration claims resulting from such circumstances. 4.1.6 List here any coverage required to be maintained after Final Payment: General Liability, including completed operations coverage Worker's Compensation Professional Liability, including Contractor's Protective Liability, if applicable. Umbrella Coverage Such coverage shall remain in place for six (6) years after Substantial Completion. DBIA - Insurance Exhibit General Contractor's and Subcontractor's Insurance Requirements © 2010 Design -Build Institute of America Page 5 EXHIBIT B-2 FORM OF PAYMENT BOND Spokane �Valley� BOND NO: CONTRACTOR'S PAYMENT BOND (NON -FEDERALLY FUNDED PROJECT) to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Garco Construction, Inc. (Contractor), as Principal, a contract for the construction of the project designated as City Hall Remediation Project No. 322-2 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and (Surety), a corporation organized under the laws and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) SURETY Principal Signature Date Surety Signature Date Printed Name Printed Name Title Title Name, address, and telephone of local office/agent of Surety Company is: Updated 1.14.2013 EXHIBIT B3 FORM OF PERFORMANCE BOND Spokane Valley BOND NO: CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Garco Construction, Inc. (Contractor), as Principal, a contract for the construction of the project designated as City Hall Remediation Project No. 322-2 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and (Surety), a corporation, organized under the laws of and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ total Contract amount (including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) SURETY Principal Signature Date Surety Signature Date Printed Name Printed Name Title Title Name, address, and telephone of local office/agent of Surety Company is: Updated 1.14.2013 City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work PART 1 PROJECT INFORMATION 1.01 OWNER'S PROJECT GOALS The Owner has established the following Project Goals for the Project. The Parties agree to work in good faith to meet and/or exceed the Project Goals: A. Execute a successful, collaborative Progressive Design -Build (PDB) Process to produce the envisioned project. The Design -Build Team will develop and promote a collaborative relationship with the City, the Owner's Representative, and the Design -Build Team to exceed the Project Goals and demonstrate exemplary design and project management. B. Maximize PDB Process With Limited Budget. The Design -Build Team will leverage the efficiencies of the progressive design -build process through innovative and lean design and construction techniques that provide an efficient and effective solution to bring the building to the originally envisioned functionality. C. Efficient Schedule that Minimizes Disruption. The Design -Build Team will create efficient schedules that completes the project as quickly as practicable and minimizes disruption to the building occupants. D. Efficient and Transparent Pricing. The Design -Build Team will provide transparent pricing that takes advantage of the progressive design -build delivery model, including providing real time pricing information that corresponds to scope and schedule development. E. Safety. The design and construction process will reduce re -work and enhance the safety of the project with a goal of no recordable incidents 1.02 COMMUNICATION AND BEHAVIORS A. All communications between the parties shall be open, honest and clear and shall endeavor, as much as possible, to be accurate and complete. The parties accept a duty to disclose to each other in a timely fashion both positive and negative information, including but not limited to, issues, conflicts, claims, mistakes, additional costs, delays, and other all information relevant to the Project. B. Design Builder shall provide the Deliverables in a timely fashion pursuant to this Exhibit. Deliverables shall be provided in a format acceptable to the Owner. Owner shall timely review and respond to the deliverables, as applicable. C. Decisions by the parties shall be made in the Best Interests of the Project. The Best Interests of the Project is defined as: 1. Compliance with the Basis of Design Documents 2. Completion of the Project according to the Project Schedule Page I 1 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work 3. Completion of the Project according to the Contract Price 4. Compliance with Legal Requirements 5. Consistency with the principles of collaboration and integration set forth in this Exhibit. 6. The risk assumed by the parties in the Underlying Contracts. 7. Achieving the Project Goals. PART 2 PHASE 1 PROGRAM VALIDATION PERIOD SCOPE OF SERVICES 2.01 SUMMARY OF WORK A. This Section sets forth the Scope of Work, the Deliverables, and the execution activities for Phase 1. 2.02 PHASE 1 SCOPE A. Design Builder shall review, analyze, and validate the Initial Basis of Design Documents, the project budget, the Project Schedule, the Commercial Terms and any other information provided by the Owner, collectively referred to as "Owner Provided Information". B. Pursuant to the NTE Schedule approved by the Owner, Design -Builder shall provide NTE Proposals as set forth in Section 3.01.0 herein. C. At the conclusion of Phase 1, Design Builder shall prepare a GMP Proposal, including any modifications and/or clarifications to the Initial Basis of Design Documents as set forth in Section 3.01.B herein. 2.03 VALIDATION OF INFORMATION. A. During Phase 1, Design Builder shall perform such assessments, reviews and investigations of the Owner Provided Information, as determined by Design Builder to be reasonably necessary to validate the Owner Provided Information as well as investigate any other information required to accomplish the Project, including but not limited to the information below. Additional reviews, assessments and investigations of Owner Provided Information shall include, if reasonably necessary, the following: 1. Verification that the As -Built drawings (if applicable) and other architectural and engineering drawings, plans and specifications are correct, 2. Constructability, including proposed methods of construction, of the proposed structures in the Initial Basis of Design Documents, 3. Verification of the architectural, engineering and other assumptions and calculations (if any) in any Owner Provided Information, 4. Examination and verification of actual site conditions as set forth below, Page 12 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work 5. Verification of any surveys, 6. Review and assessment of all applicable legal and regulatory rules and restrictions on the Project, including consultation with permit authorities regarding their requirements, 7 Verification and validation of assumptions regarding the establishment of the Commercial Terms, including but not limited to the GMP, the Project Schedule, and the Initial and Final Basis of Design Documents. B. Design Builder shall perform site investigations as necessary for Design Builder to verify the Owner Provided Information and to validate the Commercial Terms and the Initial Basis of Design Documents. Design Builder shall visit the Site and examine thoroughly and understand the nature and extent of the Work, site, locality, actual conditions, as -built conditions, and all local conditions and federal, state, and local laws and regulations that in any manner may affect cost, time, progress, performance or furnishing of the Work or which relate to any aspect of the design and the means, methods, techniques, sequences or procedures of construction to be employed by Design Builder and safety precautions and programs incident thereto. Such additional investigations shall be conducted to sufficiently identify or characterize utility locations (underground and overhead), site conditions, contaminated materials, and observable or concealed conditions in the existing facilities, including but not limited to the following: 1. Undertake surveys, investigations and analysis to provide necessary data and information for project design including sufficient information to evaluate design alternatives. 2. Complete a comprehensive archaeological site survey and conduct a literature and data search to determine potentially archaeologically significant sites and conditions. 3. Perform Geotechnical soils sampling, testing, and analysis to provide necessary data and information for Project design and provide a final Geotechnical Report. At a minimum, test for contamination and soil percolation rates during this process. 4. Subsurface investigation work, including the disturbance of existing vegetation, cannot proceed until all required permits have been obtained. C. Design Builder will conduct or obtain and understand all such examinations, investigations, explorations, tests, reports and studies, in addition to or to supplement those referred to above, that pertain to the subsurface conditions, as -built conditions, underground facilities and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, time, progress, performance or furnishing of Work, as Design Builder considers necessary for the performance or furnishing of Page 1 3 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work Work for the Commercial Terms and in accordance with the Initial Basis of Design Documents as well as other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required from the Owner by Design Builder for such purposes. D. All reports or analyses generated by Design Builder's research, testing, inspections, and investigations, including but not limited to geotechnical evaluations and hazardous materials studies, archaeological site surveys, hazardous materials investigations, etc., shall be provided to the Owner promptly, within seven (7) business days, after such reports are analyzed and generated. E. Design Builder shall be responsible for ensuring that its design documents and construction work accurately conforms to, and interfaces with, the existing conditions and shall not request a change or claim for unforeseen or concealed conditions except as provided under the provisions of the Contract Documents. F The Design Builder shall work with the Owner to determine if additional examinations, investigations, explorations, tests, reports, studies or similar may be required after partial or complete demolition of the existing stations. This work shall be completed by the Design Builder and included in the GMP. 2.04 DEVELOPMENT OF NOT TO EXCEED SCOPES A. Design -Builder shall review the information about the Project and collaboratively with the Owner create a list of NTE Scopes and an NTE Schedule. The NTE Scopes will meet the requirements in Section 3.01.0 herein. In creating the NTE Scopes and the NTE Schedule, the Design - Builder shall consider the efficient grouping of design and construction tasks and minimization of disruption of the operations of the building. B. Once the Owner and Design -Builder have agreed on the list of NTE Scopes, the Design -Builder shall develop and/or complete the design for each NTE Scope and provide transparent pricing for the NTE Scope. In developing and/or completing the design, Design Builder shall review, analyze and validate the concepts for the Project elements as shown in the Initial Basis of Design Documents. In addition, Design Builder shall work collaboratively with the Owner and the Stakeholders to examine whether new concepts will better maximize the Owner's Project Goals, and if approved by the Owner, further develop such new concepts and incorporate them into the Project 2.05 DEVELOPMENT OF FINAL BASIS OF DESIGN DOCUMENTS A. Design Builder shall engage and work collaboratively with the Owner and the Project Stakeholders to progress the design and the NTE Scopes to a sufficient state to develop the Final Basis of Design Documents, the Project Schedule, and the Guaranteed Maximum Price within the project Page 14 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work budget. The timing of the GMP Proposal and the percentage complete of the designs and specifications will be jointly determined by the Owner and the Design -Builder. B. Design Builder shall manage the design process in a collaborative, efficient, transparent and coordinated manner and conduct design workshops as required by the Contract Documents. The Final Basis of Design Documents will establish the scope of the Work and provide the basis for the GMP. The Final Basis of Design Documents must be consistent with the Initial Basis of Design Documents, unless the Owner has consented to modify its requirements in writing through a Change Order, Field Directive, or other written means allowed by the Contract Documents. C. Design Builder shall provide for an orderly and timely approval process by the Owner and third parties, document review comments from the Owner and third parties, and take appropriate action. D. The Owner will review and comment on the Design Submissions in a timely fashion. The Design -Builder will allow adequate time for the Owner to review the Design Submissions, which shall not be less than 10 business days. E. Design Builder shall submit a written response to the Owner's design review comments, describing the action taken for each comment. Design Builder shall, in a timely fashion, bring to the attention of the Owner areas where new technologies, such as BIM or Design -Build processes, may require modifications to these requirements. F By submitting Design Submissions, Design Builder represents to the Owner that the Design Submissions may be designed and constructed for the then current Commercial Terms and in accordance with the Initial Basis of Design Documents, the Design Log, and any changes made thereto. Notwithstanding the above, Design Builder may propose Designs, Plans or other Submissions that may alter a Commercial Term or the Initial Basis of Design Documents; however, with any such Design Submissions, Design Builder must provide notice pursuant to Article 10 of the General Conditions. 2.06 DEVELOPMENT OF NTE SCOPE AND GMP PRICING A. The forecasting and development of accurate project cost estimates throughout each phase of the Project is vital to the Owner's financial management strategy. The Owner relies on the Design Builder to provide and validate current and detailed cost estimates and forecasts that will be incorporated into the overall cost controls for the Owner. B. Throughout the Project, Design Builder will update estimates and forecasts and provide data to the Owner to reflect real time information. Design Builder will provide all pricing, estimates and other data used to develop the Commercial Terms on an open and transparent basis. The project Page 1 5 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work controls system used by the Design Builder shall be acceptable to the Owner and will be capable of being broken down and reported in a number of different work breakdown structures, including but not limited to organizing the financial data by cost element codes, subcontracts, vendors, Construction Document packages, etc. C. The Design Builder will coordinate the development of the GMP pricing with the development of the Final Basis of Design Documents as well as the Project Schedule so that the Owner may obtain an accurate understanding of the GMP. The GMP set forth it the Agreement shall not be exceeded without a written Change Order. 2.07 DEVELOPMENT OF NTE SCHEDULE AND PROJECT SCHEDULE A. The forecasting and development of the Project Schedule, including but not limited to the project phasing and Schedule of Values, is a vital element of the Design Builder's ability to deliver this Project in a timely fashion. The Owner will rely on the Design Builder's scheduling information to coordinate with its Stakeholders, schedule activities in and around the Project, and manage its campus. B. The Project Schedule will be developed to accommodate, as much as practicable, the operation of the building, which will remain occupied throughout the construction. Design -Builder shall also consider the need to minimize disruption of the building's occupants. C. Design Builder shall provide the Owner with frequent updates to the project schedule in a format acceptable to the Owner. PART 3 PHASE 1 DELIVERABLES 3.01 SUBMITTALS A. Submittals After Phase 1 Notice to Proceed: Design Builder shall provide the following Submittals withinl 0 business days after the Notice to Proceed with Phase 1, unless otherwise noted in Phase 1 Schedule. 1. Phase 1 Schedule pursuant to Section 3.02.A. 2. Preliminary Schedule of Values for the GMP pursuant to Section 3.04.A.1 3. Preliminary Cost Model pursuant to Section 3.04.B.5 4. Subcontractor Procurement Procedure pursuant to Section 3.05.A 5. Project Safety and Job Hazard Analysis pursuant to Section 3.06.A. 6. List of NTE Scopes pursuant to Section 3.03.A.1. B. Submittals During Phase 1: Design Builder shall provide the following submittals during Phase 1. 1. Within 4 weeks of the Notice to Proceed for Phase 1: Page 16 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work a. Preliminary Project Schedule pursuant to Section 3.02.E b. Milestone deliverable schedule pursuant to Section 3.03.6.2. 2. On a monthly basis: a. Updates to the Phase 1 Schedule, the NTE Schedules, Schedule of Values, Project Schedule pursuant to Section 3.02. A and B b. Design Submissions Packages pursuant to Section 3.03.A. c. Preliminary estimating information pursuant to Section 3.04.A and updates to the Cost Model Pursuant to Section 3.04.B. C. NTE Proposals: Pursuant to the agreed NTE Schedule, Design -Builder will provide NTE Proposals that correspond with the approved list of NTE Scopes. The NTE Proposals will include the following deliverables: 1. NTE Sum and verification of NTE Sum pursuant to 3.04.C. 2. NTE Scope pursuant to 3.03.A. 3. NTE Schedule pursuant to 3.02.D. 4. NTE Scope Safety Plan pursuant to 3.06.E 5. Updated Schedule of Values incorporating the NTE Scope. 6. A list of assumptions and clarifications made by the Design - Builder in preparation of the NTE Proposal. D. GMP Proposal: At the conclusion of Phase 1, Design Builder shall provide a GMP Proposal that includes the following Deliverables. 1. GMP Pricing and Verification of GMP pursuant to Section 3.04.D. 2. Final Basis of Design Documents pursuant to Section 3.03.B. 3. Project Schedule pursuant to Section 3.02.E. 4. Schedule of Values and Cost Model pursuant to Section 3.04.B. 5. A list of the assumptions and clarifications made by the Design - Builder in preparation of the GMP Proposal. 6. Project Safety and Job Site Hazard Analysis pursuant to Section 3.06.C. 7. Permitting Strategy Plan pursuant to Section 3.07. 8. QA/QC Plans pursuant to 3.8. 9. Contract Close -Out Plan pursuant to Section 3.9. 10. Differing Site Conditions Report pursuant to Section 3.10. Page 1 7 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work 11. Inclusion Plan for Disadvantaged Businesses and Small Businesses pursuant to 3.11. 3.02 SCHEDULES A. Phase 1 Schedule. By the date set forth in Section 3.01A herein, Design Builder shall provide a Phase 1 Schedule. 1. Phase 1 Schedule shall show the activities of the Owner and Design Builder necessary to meet Phase 1 requirements. 2. Phase 1 Schedule shall be updated periodically with the level of detail for each schedule update reflecting the information then available. 3. If an update to Phase 1 Schedule indicates that a previously approved milestone will not be met, Design Builder shall submit a corrective action plan and recovery schedule to the Owner pursuant to the Contract Documents. B. Preliminary Project Schedule. By the date set forth in Section 3.01.B, Design Builder shall submit a Preliminary Project Schedule that reflects Design Builder's sequence of design, procurement and construction activities including the interrelationships of the Demolition and Construction Packages. 1. The Preliminary Schedule shall show the activities of the Owner and Design Builder necessary to meet the Project completion requirements, including but not limited to the schedule for submission of the NTE Proposals and the Project Phasing. 2. The Preliminary Schedule shall be updated periodically monthly with the level of detail for each schedule update reflecting the information then available. 3. If an update to the Preliminary Schedule indicates that a previously approved milestone will not be met, Design Builder shall submit a corrective action plan and recovery schedule to the Owner pursuant to the Contract Documents. C. Design Builder shall meet with the Owner to review the Preliminary Schedule and updates. In the event that the Owner has any comments relative to the Preliminary Schedule or Schedule Updates or finds any inconsistencies or inaccuracies in the information presented, it shall give prompt written notice of such comments or findings to Design Builder, who shall make appropriate adjustments to the Preliminary Schedule, its basis, or both. The parties will work collaboratively to make adjustments in the Final Basis of Design Document, the Project Schedule, or GMP to fit within the Owner's objectives. D. With each NTE Proposal, Design -Builder shall provide an NTE Schedule that will show the completion date for each NTE Scope. Page 18 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work E. With the GMP Proposal, Design Builder shall provide a Project Schedule that will incorporate the Preliminary Schedule and the NTE Schedules that were developed collaboratively during Phase 1 along with any updates to the schedule. F. All schedules must be in the format of a Critical Path Method (CPM) Resource loaded schedule as set forth below. G. Critical Path Method (CPM) Resource loaded schedule 1. The CPM Schedule will contain the following a. All tasks required to complete the scope of work for the project. b. Durations for all tasks in the project schedule. c. Logical ties and sequence of work for every task in the schedule. d. Resources for project hours and major material quantities for site construction. 2. Project Schedule shall be detailed and organized according to pre -defined Design -Builder's WBS that is developed in the Scope Management Plan. The project schedule will include all activities and relationships identified in the Design -Builder's Scope of Work Narrative. Each major area of work within Design -Builder's scope shall be represented by activities in the schedule. 3. Design -Builder shall prepare a detailed resource loaded CPM Project Schedule in accordance with this specification. The schedule shall be submitted to the Owner for their review. The detailed schedule shall reflect, at a minimum, engineering, procurement, construction, fabrication, and delivery activities for each piece of procured equipment, key drawing release dates by discipline, and logic and interrelationships between activities so that a logical progression of the work is depicted. Project Milestones shall also be included in schedule. 4. Design -Builder and subcontractors shall meet with the Owner to review and approve the detailed CPM baseline Project Schedule. 5. Once the detailed project schedule has been approved by the Owner, Design -Builder will establish a baseline schedule. Thereafter Design -Builder shall advise the Owner of any proposed Critical Path Schedule changes and promptly provide the Owner with any revisions thereto and recovery plans as required to meet the contractual dates. 6. Schedule Validity and Content a. Prepare schedules in a format acceptable to the Owner. Page 1 9 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work b. Contain Work Breakdown Structure coding matching deliverables and work packages. c. Schedule will reflect all deliverables and tasks mention in the Scope of Work narrative. d. Schedules shall be coded for grouping by engineering, procurement, construction, and commissioning e. Project schedule activities that Design -Builder is responsible for performing shall be resource loaded with engineering and procurement activities. Construction activities shall be resourced loaded 60 days prior to site mobilization. f. Resource loading for project hours and major material quantities for site construction. Engineering, procurement and construction activities shall be included, such that Project staffing requirements can be determined or verified with schedule. The original resource -loaded construction schedule shall form basis for progress reporting, and payment. h. Critical path for Design -Builder's schedule activities. 3.03 DESIGN DOCUMENTS A. Preliminary Design Submissions and NTE Scopes. As Design Builder develops the Final Basis of Design Documents, Design Builder shall collaborate with the Owner to submit and review the Preliminary Design Submissions and NTE Scopes that will be incorporated into the Final Basis of Design Documents. The Preliminary Design Submissions and NTE Scopes will be submitted pursuant to the Schedule provided by the Design - Builder and approved by the Owner. 1. Design -Builder will provide a list of NTE Scopes to Owner for review and approval. The list of NTE Scopes will include a detailed description of the Work to be included in the NTE Scope. 2. Design Builder shall coordinate with the Owner to determine the schedule for submission of preliminary NTE Scope Submissions Packages to review collaboratively with the Owner. Design Builder shall schedule the review of the NTE Scope Submissions Packages such that the review of each package submitted is of reasonable scope for prompt and thorough review by the Owner. 3. The parties will work collaboratively to make adjustments in the NTE Scope Submissions and in the proposed Final Basis of Design Documents to fit within the Owner's Project Goals. B. The Owner and Design Builder shall work collaboratively to develop the NTE Scopes provided as part of the NTE Proposals and the Final Basis of g. Page 110 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work Design Documents provided as part of the GMP Proposal. The NTE Scopes shall include the documents determined by the Parties as appropriate for that NTE Scope. The Final Basis of Design Documents submitted with the GMP Proposal shall include at a minimum the following documents and set forth the assumptions and clarifications on which the GMP and Project Schedule are based. 1. Project Manual, which shall set forth both the general objectives for the Owner, as well as specific uses for each of the project elements set forth in the Initial Basis of Design Documents. 2. The parties will agree to any Milestone Deliverables and the Design -Builder will submit them pursuant to Section and update as required. 3. The Milestone Deliverables shall include major building elements and components. Currently, the Owner anticipates the following Milestone Deliverable sets, but not be limited to the following. a. Radiused Wall b. Radiused Cloud c. Attic Insulation and ventilation d. Composition Roof Replacement e. Door Replacement and Framing f. Drywall Repairs g. Exterior Elevations 4. Design -Builder must have written approval from the Owner to proceed with the project after submission of each of the Milestone Design Deliverables set forth above. 5. Design Builder shall schedule the review of the NTE Scope and Design Submission Packages such that the review of each package submitted is of reasonable scope for prompt and thorough review by the Owner. 6. Design Builder shall highlight any material differences and developments between the Initial Basis of Design Documents, any Design Submissions, the NTE Scopes and the Final Basis of Design Documents as the Final Basis of Design Documents are being developed. 7 In the event that the Owner has any comments relative to the Design Submissions or finds any inconsistencies from the Initial Basis of Design Documents or discovers inaccuracies in the Design Submissions, the Owner shall give prompt written notice of such comments or findings to Design Builder, who shall make Page 111 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work appropriate adjustments to the proposed Final Basis of Design Documents. 8. The parties will work collaboratively to make adjustments in the Design Submissions, the NTE Scopes, and in the proposed Final Basis of Design Documents to fit within the Owner's Project Goals as well as the GMP. 9. Performance Specifications, which shall set forth the specific requirements for the project and identification of each major system. The parties will agree on the appropriate Performance Specifications, and Design -Builder will submit a list of the Performance Specifications to be developed pursuant to Section 3.01.B.1. 10. Sustainability Requirements and Plan. Design Builder shall manage environmental issues and implement and document sustainability goals set forth in the GMP Amendment. the Project's Leadership in Energy and Environmental Design (LEED) requirements, including but not limited to: a) outline Subcontractor requirements for Sustainability in the subcontract bid documents; b) monitor the submittal process to ensure compliance with Sustainability goals; c) train Subcontractors in Sustainability requirements; d) review design changes during construction for Sustainability impacts and inform Owner of impacts; e) ensure installed products are compliant with the Sustainability requirements; and f) assemble and maintain records to document Sustainability goals compliance. 3.04 GMP PRICING A. Preliminary Schedule of Values 1. Preliminary Schedule of Values. Within the date set forth in Section 3.01.A, Design Builder shall submit a preliminary Schedule of Values for the Project in such a form and supported by such data to substantiate its accuracy in reflecting the breakdown for administrative and payment purposes as the Owner may require. The Preliminary Schedule of Values shall be organized by the NTE Scopes determined by the Parties. All Schedule of Values for the Project shall be further organized to conform to the Construction Specifications Institute (CSI) standard format for divisions and sections. 2. With the submission of NTE Scopes, Design Builder shall provide preliminary estimates of costs associated with the NTE Scopes in a format acceptable to the Owner that will be incorporated into the GMP. 3. The preliminary estimates for the NTE Scopes shall be provided on a bi-weekly basis and shall be updated with new information as Design Builder develops and finalizes the GMP. Page 112 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work B. Schedule of Values and Cost Model 1. Schedule of Values. On the schedule established in Section 3.01.E and with the GMP Proposal, Design Builder shall provide an updated Schedule of Values for the Work with actual start and/or finish dates and percentages complete. Updates shall compare the planned progress from baseline schedule with actual progress from the current schedule. The Schedule of Values shall be in conformance with the requirements below and in such a form and supported by such data to substantiate its accuracy in reflecting the breakdown for administrative and payment purposes as the Owner may reasonably require. The Schedule of Values shall be further organized to conform to the Construction Specifications Institute (CSI) standard format for divisions and sections. 2. The sum of all values listed in schedule shall equal the project budget and, when established, the NTE Sums and the GMP. 3. Each item shall include directly proportional amount of the Design - Builder's Fee Percentage or Lump Sum Fee, as applicable. 4. Schedule of Values Form and Content a. Schedule of Values will be in a form acceptable to the Owner. b. Title of Project and location. c. Project number. d. Name and Address of Design -Builder. e. Date of submission. f. Schedule of Values columns will contain at a minimum the following information (1) Line Item # - Corresponding back to the WBS and CPM Schedule (2) Line Item Description (3) Budgetary Cost (4) Current Period % Complete (5) Current Period Cost (6) JTD % Complete (7) JTD Cost (8) Variance Column Representing Budgetary Cost Minus JTD Cost Page 113 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work 5. Cost Model. Within the time frame set forth in Section 3.01.A.3, Design Builder shall provide a Cost Model, for the Owner's review and acceptance. a. The Cost Model shall, at a minimum, provide the following information: (1) List for all Design and Construction Packages, organized by CSI; (2) Estimated base bid amounts for all Construction Packages; Construction Package Allowances. (3) b. Design Builder shall utilize a project controls management system (PCMS) that will be reviewed for acceptance to the Owner. c. Estimates and forecasts within the Cost Model will need to have the capability to be broken down and reported on in many different formats. These formats may include organizing the estimate by different projects, project funding types, Owner cost element codes, contracts, vendors, Construction Package Sets, Construction Packages, etc. Design -Builder shall collaborate with the Owner to determine the appropriate Work Breakdown Structure that will be used for the development of the Cost Model and all Project cost estimates. d. In developing its Construction Package Plan, Design - Builder shall coordinate with the Owner to determine a packaging strategy deemed advantageous to all parties. The agreed -upon packaging strategy will be incorporated into the Cost Model and Project schedule. e. On the schedule set forth in Section 3.01.6.2 and with the GMP Proposal, Design -Builder shall update estimates and forecasts as data becomes available to reflect real time information. The Owner will rely on this real-time information for accuracy of overall Owner cost forecasts across all Owner projects. 6. Work Breakdown Structure (WBS) a. The Work Breakdown Structure (WBS) is a task -oriented division of work necessary to engineer, procure, and construct the Project. It categorizes successively smaller tasks, in order to achieve scope, schedule, and budget control at the most practical level. b. Design -Builder will develop a WBS structure at the completion of Phase 1. Design -Builder will work with the Owner to Page 114 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work develop a mutual compatible WBS system to satisfy the intent of the project. The WBS structure will represent the Design -Builder's entire scope for the project, broken down into manageable deliverables or work packages. 7 Scope of Work Narrative a. Design -Builder will develop, from the Work Breakdown Structure, a Scope of Work Narrative for the project before Phase 2 is approved. This document will provide a description of the work to be done for each WBS work package. This document will identify the Design -Builder's general understanding of the project, as well as, provide a description of the work that will be done, and deliverables that will be produced for work packages in the WBS. A narrative for each work package will include, but is not limited to the following: b. Narrative of work to be performed c. List of major deliverables C. NTE Sums. 1. With each NTE Proposal, Design -Builder shall prepare and submit the NTE Sum to the Owner, in a format acceptable to the Owner, reflecting the Design -Builder's total cost for the NTE Scope on an open book basis. The NTE Sum in the NTE Proposal shall include: a. Either Design Builder's Fee Percentage or Lump Sum Fee as defined in Section 6.2.3 of the Agreement, as applicable. b. The Cost of the Work as defined in Section 6.3 of the Agreement c. The Lump Sum General Conditions Costs as defined in Section 6.4.5 of the Agreement. d. If applicable, any Allowance established by the Parties pursuant to Section 6.4.1 of the Agreement e. Design Builder's Contingencies established pursuant to Section 6.4.4 of the Agreement. D. GMP. 1. With the GMP Proposal, Design Builder shall prepare and submit the GMP Pricing to the Owner, in a format acceptable to the Owner, reflecting Design Builder's total cost for the Project on an open book basis. The GMP in the GMP Proposal shall include: a. Design Builder's Lump Sum Fee as defined in Section 6.2.3 of the Agreement. Page 115 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work b. The Cost of the Work as defined in Section 6.3 of the Agreement c. The Lump Sum General Conditions Costs as defined in Section 6.4.5 of the Agreement. d. If applicable, any Allowance established by the Parties pursuant to Section 6.4.1 of the Agreement e. Design Builder's Contingencies established pursuant to Section 6.4.4 of the Agreement. 2. In support of the proposed GMP, Design Builder shall provide: a. A list of NTE Amendments that were accepted by Owner b. A list of Not to Exceed Amounts that have not yet been converted to NTE Amendments c. A list of Lump Sums and the information required in Section 6.4.3 of the Agreement d. A list of the assumptions and clarifications made by Design Builder in the preparation of the GMP to supplement the information contained in the Final Basis of Design Documents. e. All material changes from the Initial Basis of Design Documents and Design Builder's Proposal and the costs associated with such changes. E. Design Builder shall meet with the Owner to review the NTE Proposals and the GMP Proposal. In the event that the Owner has any comments relative to the NTE Proposal and the GMP Proposal or finds any inconsistencies or inaccuracies in the information presented, it shall give prompt written notice of such comments or findings to Design Builder, who shall make appropriate adjustments to the NTE applicable Proposal and/or GMP Proposal, its basis, or both. The parties will work collaboratively to make adjustments in the NTE Scopes, Final Basis of Design Documents, NTE Schedule, Project Schedule, NTE Sum or GMP to meet the Owner's objectives. 3.05 SUBCONTRACTOR PROCUREMENT PROCEDURE A. By the date set forth in Section 3.01.A herein, Design Builder shall submit for approval the Subcontractor Procurement Procedure as required in Section 2.8 of the General Conditions. 3.06 PROJECT SAFETY AND JOB SITE HAZARD ANALYSIS A. By the date set forth in Section 3.01A herein, Design Builder shall submit a Project Safety and Job Site Hazard Analysis for the activities associated with Phase 1. Page 116 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work B. With each NTE Proposal, Design -Builder shall submit a Safety Plan and Job Site Hazard Analysis applicable to the NTE Scope. C. With GMP Proposal, Design Builder shall submit a Project Safety Plan with Job Site Hazard Analyses addressing all phases of the project after Phase 1. D. The Project Safety Plan and Job Site Hazard Analysis shall specifically address the safety issues regarding construction in an occupied building. E. No field investigation or construction activities will be authorized without acceptance of safety plans as required for the Work. 3.07 PERMITTING STRATEGY PLAN: A. With the GMP Proposal, Design Builder shall provide a Permitting Strategy Plan detailing the process for obtaining the building and site development permits for various phases of the project. B. During Phase 1, Design Builder must meet with the applicable building officials and develop processes and time lines for plan check approvals. C. Design Builder shall coordinate with all authorities with jurisdiction over the Project for the approval of environmental mitigation measures. 3.08 QA/QC PLANS A. Prepare a Quality Management Plan (QMP) in accordance with the Contract requirements and submit it with the GMP Proposal. B. Design Quality Management Plan. 1. Design Quality Management Plan (DQMP): shall be developed in accordance with the requirements outlined in the Contract. 2. Design Quality Audits: Design Quality Assurance Manager shall audit all design packages for compliance with the requirements outlined in the DQMP. 3. Independent Technical Reviews: The Design Quality Assurance Manager will appoint appropriate technical staff to conduct Independent Technical Reviews of each design package. These reviews will occur concurrently with the Inter- Disciplinary Reviews and Constructability Reviews. C. Construction Quality Management Plan. 1. Construction Quality Management Plan (CQMP): shall be developed in accordance with the requirements outlined in the Contract. Page 117 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work 3.09 CONTRACT CLOSEOUT PLAN A. With the GMP Proposal, Design Builder shall provide a Project Closeout Plan that integrates all aspects of project closeout proactively over the life of the project. The Closeout Plan will be a living document that will grow and expand as the design and construction progress. The Project Closeout Plan should include, but not be limited to mechanisms and procedures for: 1. Closeout provisions included in subcontract procurement documents 2. Phased completions and early subcontract closeouts 3. Commissioning 4. Warranties 5. Training 6. O&M Documentation 7. Record Documents 8. Cost Reconciliations 9. Permit and Regulatory Requirements 3.10 DIFFERING SITE CONDITIONS REPORT A. With the GMP Proposal, Design Builder shall provide a report of all Differing Site Conditions as defined in Section 4.2 of the General Conditions of the Contract that are discovered during Phase 1. B. The Differing Site Conditions Report shall include the following information for each of the identified Differing Site Conditions identified in the Report. 1. The location of the Differing Site Condition; 2. A description of the Differing Site Condition that explains why it qualifies as a Differing Site Condition pursuant to Section 4.2 of the General Conditions; 3. The date the Differing Site Condition was discovered; 4. The impact of the Differing Site Condition on the Initial Basis of Design Documents, the Final Basis of Design Documents, and/or any Commercial Term, as applicable. 3.11 INCLUSION PLAN FOR DISADVANTAGED BUSINESSES AND SMALL BUSINESSES A. Disadvantaged Businesses means any business entity certified with the office of minority and women's business enterprises under RCW Chapter 39.19. B. Small Business means a small business as defined in RCW 39.26.010. Page 118 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work C. With the GMP Proposal, Design Builder shall analyze the capabilities of Disadvantaged Businesses and Small Businesses and the projected manpower availability to determine and report on the percentage of the Work that such firms could reasonably be expected to perform during the Design, Preconstruction and Construction Phases of the Project. D. Based on this analysis, Design Builder shall prepare an Inclusion Plan, subject to the review and approval of the Owner. E. As a minimum, the Inclusion Plan shall include: 1. A complete definition of the efforts to be taken on the part of Design Builder to tailor design, preconstruction services and Construction Packages so as to be capable of being performed by small, local and/or regional consultants, designers, and/or subcontractors. 2. A description of the formal outreach process to be used to communicate the requirements of the Work with the small, local and/or regional consultants, designers and/or subcontractors. 3. The approach to procure consultants and subcontractors (e.g., open bid, prequalification, best -value, etc.) to maximize participation by Disadvantaged and Small Businesses. Page 119 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work Phase 2 Scope of Services PART 4 PHASE 2 Unless the parties agree otherwise in writing, this Section sets forth the Scope of Work, the Deliverables, and the execution activities for Phase 2. 4.01 PHASE 2 SCOPE A. Design Builder shall complete the design and construction services as set forth in the GMP Amendment. B. Design Builder shall provide the deliverables set forth in this Attachment during the course of Phase 2. Deliverables shall be provided in a format acceptable to the Owner and consistent with the requirements for Phase 1. 4.02 COMPLETION OF DESIGN A. Design Builder shall provide for an orderly and timely approval process by the Owner and third parties, document review comments from the Owner and third parties, and take appropriate action. B. The Owner will review and comment on the Construction Documents and other Design Submissions in a timely fashion. C. Design Builder shall submit a written response to the Owner's design review comments, describing the action taken for each comment. Design Builder shall, in a timely fashion, bring to the attention of the Owner areas where new technologies, such as BIM or Design -Build processes, may require modifications to these requirements. D. By submitting Design Submissions, including but not limited to the Construction Documents, Design Builder represents to the Owner that the Construction Documents may be constructed for the then current Commercial Terms and in accordance with the Initial Basis of Design Documents and the Final Basis of Design Documents. Notwithstanding the above, Design Builder may propose Designs, Plans or other Submissions that may alter a Commercial Term or the Initial Basis of Design Documents; however, with any such Design Submissions, Design Builder must provide notice pursuant to Article 10 of the General Conditions. The Construction Documents must be consistent with the Final Basis of Design Documents, approved Design Submissions and the Design Log, unless the Owner has consented to modify its Requirements in writing through a Change Order, Field Directive, or other written means allowed by the Contract Documents. 4.03 SCHEDULE OF VALUES AND COST MODEL A. The forecasting and development of accurate project cost estimates throughout each phase of the Project is vital to the Owner's financial management strategy. The Owner relies on the Design Builder to provide Page 120 © 2021 Thaxton Parkinson pllc City of Spokane Valley City Hall Remediation Project Progressive Design -Build Agreement Exhibit C Phase 1 and 2 Scope of Work and validate current and detailed cost estimates and forecasts that will be incorporated into the overall cost controls for the Owner. B. Unless modified by the parties in writing, on the schedule set forth in Section 3.01.B, Design Builder will continue to update estimates and forecasts in the format required above and provide data to the Owner to reflect real time information. Design Builder will provide all pricing, estimates and other data used to develop the Commercial Terms on an open and transparent basis. C. The Schedule of Values and Cost Model must be consistent with the GMP Amendment and the format required above, unless the parties have agreed on a Change to the terms set forth in the GMP Amendment pursuant to Article 10 of the General Conditions. 4.04 PROJECT SCHEDULE A. The forecasting and development of the project schedule, including but not limited to the project phasing and Schedule of Values, is a vital element of the Design Builder's ability to deliver this Project in a timely fashion. The Owner will rely on the Design Builder's scheduling information to coordinate with its Stakeholders, schedule activities in and around the Project, and manage its campus. B. Design Builder shall provide the Owner with updates to the project schedule on the schedule set forth in Section 3.01.E and in the format required above for a scheduled completion within the GMP established in the GMP Amendment. 4.05 CONSTRUCTION SERVICES A. Design -Builder shall provide Construction Services and complete the construction of the Project pursuant to the Contract Documents. 4.06 COMMISSIONING, TESTING AND CLOSEOUT A. Design Builder shall provide commissioning, testing, and closeout of the Project pursuant to the Contract Documents. PART 5 PHASE 2 DELIVERABLES 5.01 DELIVERABLES A. Design Builder shall provide the following Milestone Design Deliverable pursuant to the Project Schedule: 1. 100% NTE Construction Documents for review and approval by the Owner. 2. Design Builder shall not proceed with the project after submission of the 100% NTE Construction Documents until it receives the Owner's written approval. B. Design Builder shall provide such other deliverables as set forth in the Contract Documents to successfully complete the Project. Page 121 © 2021 Thaxton Parkinson pllc EXHIBIT D PHASE 1 LEVEL OF EFFORT CITY OF SPOKANE VALLEY CITY HALL REMEDIATION The Design -Builder will provide drafts of the following documents within thirty (30) days from the effective date of the contract, and the parties will collaboratively finalize the documents after submission by the Design -Builder. Once finalized, the documents will become part of the Contract Documents. 1. Final Phase 1 Scope of Work and Level of Effort, including the Phase 1 Schedule and the proposed date for completion of Phase 1; 2. A proposed Phase 1 Not to Exceed Amount; 3. A proposed cost for the Design -Builder to provide Builder's Risk insurance; 4. Target milestones for Phase 2 of the Project that complies with the Owner's preliminary schedule as noted below: a. The Substantial Completion Date for the Project. The Owner's preliminary schedule sets this date as December 31, 2023. b. The date for enclosure of the new radius wall so that the space can be used as the City Council Chambers. The Owner's preliminary schedule sets this date as October 2023. EXHIBIT F FORM OF GMP AMENDMENT CITY OF SPOKANE VALLEY CITY HALL REMEDIATION PROJECT Unless the parties agree in writing otherwise, the GMP Amendment shall be in a substantially similar form as follow: 1. Pursuant to Section 6.6.1 of the Agreement, this GMP Amendment incorporates the following terms into the Agreement. To the extent any terms set forth in this GMP Amendment conflict with the Agreement, the terms in this GMP Amendment shall govern. 2. The Design -Builder has submitted to Owner the GMP Proposal pursuant to Section 6.6.1.6 of the Agreement. 3. The Owner has reviewed the GMP Proposal, the parties have reconciled the Owner's Comments pursuant to Section 6.6.1.6 of the Agreement, and the Owner has accepted the GMP Proposal as reconciled. The conformed, reconciled GMP Proposal is attached to this GMP Amendment at Exhibit A and is incorporated as if fully set forth herein. 4. The Owner has decided to exercise its option to enter into Phase 2 of the Agreement pursuant to Section 6.6.1.6.0 of the Agreement. 5. Consistent with the GMP Proposal, the parties hereby establish the following Commercial Terms: Guaranteed Maximum Price $ Cost of the Work $ Design -Builder's Lump Sum Fee $ Lump Sum General Conditions Costs $ Cost of the Work Contingency (Section 6.4.4.1.a) $ Design -Builder's Contingency (Section 6.4.4.1.b) $ Substantial Completion Date Final Completion Date 6. Other Commercial Terms are set forth pursuant to the following Exhibits: a. Allowances as set forth in Section 6.4.1 of the Agreement are set forth and described in Exhibit B to the GMP Amendment. b. Not to Exceed Sums as set forth in Section 6.4.2 of the Agreement are set forth and described in Exhibit C to the GMP Amendment. c. Lump Sums as set forth in Section 6.4.3 of the Agreement (with the exception of the Design -Builder's Lump Sum Fee set forth above) are set forth and described in Exhibit D to the GMP Amendment. d. Contingencies as set forth in Section 6.4.4 of the Agreement are set forth above and described in Exhibit E to the GMP Amendment. e. Design -Builder's Lump Sum General Conditions Costs as set forth in Section 6.4.5 of the Agreement are set forth above and described in Exhibit F to the GMP Amendment. f. Unit Prices and Hourly Rates as set forth in Section 6.5.6 of the Agreement are described in Exhibit G to the GMP Amendment. g. Liquidated Damages as provided in Section 5.4 — 5.6 of the Agreement are $1,000.00 per calendar day. 7. Pursuant to Section 10.2 of the Agreement, Design -Builder shall provide a Payment and Performance Bond pursuant to RCW Chapter 39.08 equal to one hundred percent (100%) of the amount of the Guaranteed Maximum Price set forth above. In executing this Amendment, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Amendment, and each has the necessary corporate approvals to execute this Amendment, and perform the services described herein. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the date set forth below. CITY OF SPOKANE VALLEY DESIGN -BUILDER By Name of Design -Builder Its City Manager By Its Date: Date: DESIGN -BUILDER'S ADDRESS AND PHONE: Phase 1 Contract Change Order City of Spokane Valley EXHIBIT G CHANGE ORDER FORMS CITY OF SPOKANE VALLEY Design -Builder Project Name: City Hall Remediation Change Order#: COR# Description of Change Change in Contract Time Change in Phase 1 NTE Original Not to Exceed Amount $ Net change by previous authorized Change Orders $ Total net [check one] ❑ Increase / ❑ Decrease in the NTE by this Change Order $ New total Phase 1 NTE including this Change Order $ The new Contract Time including this Change Order is: New Phase 1 Completion Date New Interim Milestone Dates: The changes in the Phase 1 Not to Exceed Amount and Contract Time identified in this Change Order include all costs and time extensions associated with performing the changes set forth herein. City of Spokane Valley By: Signature Title: Date: Printed Name Design -Builder By: Signature Title: Date: Printed Name Phase 2 Contract Change Order City of Spokane Valley EXHIBIT G CHANGE ORDER FORMS CITY OF SPOKANE VALLEY Design -Builder Project Name: City Hall Remediation Change Order#: COR# Description of Change Change in Contract Time Change in GMP Original Guaranteed Maximum Price $ Net change by previous authorized Change Orders $ Total net [check one] ❑ Increase / ❑ Decrease in the GMP by this Change Order $ New Guaranteed Maximum Price including this Change Order $ The new Contract Time including this Change Order is: New Scheduled Substantial Completion Date New Scheduled Interim Milestone Dates: New Final Completion Date The changes in the GMP and Contract Time identified in this Change Order include all costs and time extensions associated with performing the changes set forth herein. City of Spokane Valley By: Signature Title: Date: Printed Name Design -Builder By: Signature Title: Date: Printed Name EXHIBIT H FORM OF NTE AMENDMENT CITY OF SPOKANE VALLEY CITY HALL REMEDIATION PROJECT Unless the parties agree in writing otherwise, each NTE Amendment shall be in a substantially similar form as follow: NTE Scope Package Title: NTE Number: 1. Pursuant to Section 6.6.1.5 of the Agreement, this NTE Amendment incorporates the following terms into the Agreement. To the extent any terms set forth in this NTE Amendment conflict with the Agreement, the terms in this NTE Amendment shall govern. 2. The Design -Builder has submitted to Owner this NTE Proposal pursuant to Section 6.6.1.5 of the Agreement. 3. The Owner has reviewed the NTE Proposal for the NTE Scope Package set forth above, the parties have reconciled the Owner's Comments pursuant to Section 6.6.1.5 of the Agreement, and the Owner has accepted the NTE Proposal as reconciled. The conformed, reconciled NTE Proposal is attached to this NTE Amendment at Exhibit A and is incorporated as if fully set forth herein. 4. Consistent with the GMP Proposal, the parties hereby establish the following Commercial Terms: NTE Sum $ Cost of the Work $ Design -Builder's Lump Sum Fee/Fee Percentage $ Lump Sum General Conditions Costs (if applicable) $ Cost of the Work Contingency (Section 6.4.4.1.a) $ Design -Builder's Contingency (Section 6.4.4.1.b) $ NTE Completion Date 6. Other Commercial Terms are set forth pursuant to the following Exhibits: a. Allowances as set forth in Section 6.4.1 of the Agreement are set forth and described in Exhibit B to the NTE Amendment. b. Lump Sums as set forth in Section 6.4.3 of the Agreement (with the exception of the Design -Builder's Lump Sum Fee set forth above) are set forth and described in Exhibit C to the NTE Amendment. d. Contingencies as set forth in Section 6.4.4 of the Agreement are set forth above and described in Exhibit D to the NTE Amendment. e. Design -Builder's Lump Sum General Conditions Costs (if applicable as set forth in Section 6.4.5 of the Agreement are set forth above and described in Exhibit E to the NTE Amendment. f. Unit Prices and Hourly Rates as set forth in Section 6.5.6 of the Agreement are described in Exhibit F to the NTE Amendment. g. 7. Pursuant to Section 10.2 of the Agreement, Design -Builder shall increase its Payment and Performance Bonds pursuant to RCW Chapter 39.08 equal to one hundred percent (100%) of the amount of the NTE Sum set forth above. In executing this Amendment, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Amendment, and each has the necessary corporate approvals to execute this Amendment, and perform the services described herein. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the date set forth below. CITY OF SPOKANE VALLEY By Its City Manager DESIGN -BUILDER Name of Design -Builder By Its Date: Date: DESIGN -BUILDER'S ADDRESS AND PHONE: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Check all that apply: ['consent ❑ old business ❑ information ['admin. report Department Director Approval: ® new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Motion Consideration: City Hall Remediation-Construction Management Consultant Agreement GOVERNING LEGISLATION: SVMC 3.35.10 — Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • 05/03/2022 • 02/02/2021 • 02/18/2020 • 02/04/2020 • 10/01/2019 • 09/24/2019 • 03/19/2019 Admin Report; City Hall Update; Council consensus to include $700,000 in 2022 budget amendment for additional expenses Admin Report: City Hall Update; includes expenditures to date Admin Report: City Hall Update: Mr. Robb Dibble of Dibble Engineering Admin Report: City Hall Update: introduced attorney McFetridge Motion Consideration: Council Chambers East Wall Repair not to exceed $400,000 Admin Report: City Hall Update on east curved wall of Council Chambers Admin Report: City Hall Update; settling of building along curved east wall BACKGROUND: City Hall was completed and occupied in early September 2017 and since that time many significant construction and/or design defects have been discovered. The City hired various consultants to identify the nature and extent of the defects. The City filed suit in Spokane County Superior Court April 27, 2020, naming as defendants alleged to be responsible for the various defects Meridian Construction (prime contractor), Architects West (architect and project manager), Allwest Testing & Engineering (materials testing), and Eight31 Consulting (owner's representative to assist in overseeing the project). In February of 2021, staff advertised a Request for Qualifications (RFQ) for Project Management/Owner's Representative services for the City Hall Remediation project. Two firms submitted Statements of Qualifications (SOQs). The evaluation committee interviewed both firms and selected CBRE/Heery in mid -April 2021 as the most qualified firm. CBRE is currently contracted under City Manager's authority to assist with PDB, the PRC application and approval, and construction management on the life -safety contracts that have already been undertaken and completed. They also helped with the selection of the PDB contractor, Garco. The attached agreement is time and materials with a Not -to -Exceed amount of $354,754 and will be sufficient for CBRE to assist with the initial remediation efforts Garco is expected to perform through the end of 2023. OPTIONS: 1) Move to approve the attached Construction Management agreement with CBRE to assist with Progressive Design Build (PDB) or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to approve the City Hall Progressive Design Build Remediation project CIP #0322 Construction Management agreement for CBRE/Heery, Inc. for an amount not to exceed $354,754 and authorize the City Manager to finalize and execute the contract. BUDGET/FINANCIAL IMPACTS: Presently, money earmarked for City Hall Remediation in Capital Reserve Fund #312 is approximately $5.3M. Expenditures through December 31, 2022, total approximately $800K. There are sufficient funds remaining in the earmark for this initial $4M contract for validation, design and pricing (Phase 1) as well as some of the Work Orders for construction/remediation (Phase 2) of City Hall. STAFF CONTACT: Bill Helbig, Community and Public Works Director Glenn Ritter, Senior Engineer/Project Manager ATTACHMENTS: CBRE Consultant Agreement including Exhibit (Scope) Contract No. 23-035 AGREEMENT FOR PROFESSIONAL SERVICES CBRE Heery, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and CBRE Heery, Inc., hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: I. Services to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the sane profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. E. Construction Professionals. The Scope of Services, as it relates to the construction, design and consulting efforts of parties engaged by City to perform work on the Project ("Construction 0322 City Hall Remediation-CBRE Agreement -CM Page 1 of 9 Contract No. 23-035 Professionals"), will be limited to overseeing and managing the work of the Construction Professionals. The work and services provided by Construction Professionals will remain the responsibility of such persons and Consultant does not warrant or guaranty, and will not be liable with respect to, their performance, schedule or work product, including, without limitation, (i) design techniques or procedures or (ii) construction means, methods, safety, techniques, sequences or procedures employed by any third -party including Construction Professionals. In contracts with Construction Professionals, City will use commercially reasonable efforts to ensure that Consultant is indemnified by Construction Professionals and is included as an additional insured under the Construction Professional's liability insurance. F. Hazardous & Pre-existing Conditions. In no event shall the Scope of Services include the responsibility to detect, handle, remediate or dispose of any hazardous or other pre-existing conditions at a project site. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2023, unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $353,754 as full compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: David Beaudine, Managing Director Phone: (509)714-7167 Address: 1212 N. Washington St., Ste. 219 Spokane, WA 99201 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its Services shall 0322 City Hall Remediation-CBRE Agreement -CM Page 2 of 9 Contract No. 23-035 conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant specifically for and delivered to City under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts 0322 City Hall Remediation-CBRE Agreement -CM Page 3 of 9 Contract No. 23-035 from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant. Consultant shall require the same insurance from its agents, representatives, employees, or subcontractors. A. Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be included as an additional insured to the extent of loss attributable to the negligence of Consultant under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits of $5,000,000 each occurrence, and $5,000,000 general aggregate, which limits may be provided by any combination of primary and following form excess policies. 3. Professional liability insurance shall be written with limits of $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: I.. Consultant's insurance coverage shall be primary insurance to the extent of loss attributable to the negligence of Consultant with respect to the City. Any insurance, self- insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice 0322 City Hall Remediation-CBRE Agreement -CM Page 4 of 9 Contract No. 23-035 of any policy cancellation within two business days of their receipt of such notice. 3. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all third party claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever to the extent relating to or arising out of the wrongful or negligent acts, errors, or omissions in the Services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's Liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for 0322 City Hall Reanediation-CBRE Agreement -CM Page 5 of 9 Contract No. 23-035 any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations: Consultant shall comply with the federal laws set forth in subsection G of this Section 21 ("Pertinent Non -Discrimination Authorities") relative to non- discrimination in federally -assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be amended from time - to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. 0322 City Iial] Remediation-CBRE Agreement -CM Page 6 of 9 Contract No. 23-035 D. Information and Reports: Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. withholding payments to Contractor under the Agreement until Consultant complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions: Consultant shall include the provisions of paragraphs A through E, and F of this Section 21 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests ofthe City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 0322 City Hall Rernediation-CBRE Agreement -CM Page 7 of 9 Contract No. 23-035 The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 22. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Limitation of Liability. Neither Party shall be liable for any lost or prospective profits or any other indirect, consequential, special, incidental, punitive, or other exemplary losses or damages, whether based in contract, warranty, indemnity, negligence, strict liability or other tort or otherwise, regardless of the foreseeability or the cause thereof. Consultant shall be entitled to rely upon the accuracy and completeness of information provided to it by City or others on City's behalf for the performance of Consultant's Scope of Services. 0322 City Hall Remediation-CBRP. Agreement -CM Page 8 of 9 25. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services & Fee Proposal B. Insurance Certificates The Parties have executed this Agreement this Contract No. 23-035 day of , 20 CITY OF SPOKANE VALLEY Consultant: City Manager By: Dennis Lawler, Senior Managing Director Its: Authorized Representative APPROVED AS TO FORM: Office of the City Attorney 0322 City I-Iail Remediation-CBRE Agreement -CM Page 9 of 9 EXHIBIT I SCOPE OF SERVICES l . Specific Duties. In providing the Services, CBRE shall have the following duties with respect to the Project: 1.1 Planning Stage (a) Direct and coordinate applicable Design -Build Team, authorities, and others related to the Project. Arrange and chair regular coordinating meeting. (b) Direct and coordinate the Design -Build Team throughout the Project in the preparation of the Project program and the design from schematic through working drawing stages. Review the design schematic periodically and give direction as required to coordinate and achieve the Project goals. (c) Develop Project time schedules for the design stage and coordinate the activities of the Client representative, Project manager and design -build team. (d) Recommend the purchase and procurement of long lead time items to arrange for delivery of strategic materials in conformance with the Project schedule. (e) Provide a summary construction schedule for inclusion with any bid documents. (f) Receive and analyze Construction Professional proposals, make award recommendation including conducting pre -award conferences and negotiate and prepare construction contracts per Client's direction. (g) Coordinate owner notices and approvals. (h) Validate scope, budget and schedule. (i) Obtain client approvals on changes to Project parameters. (j) Confirm capital appropriation. 1.2 General Management and Coordination (a) Review the work performed by the Construction Team, in conjunction with the Design -build Team, through to completion and require that the materials furnished and the work performed are in accordance with the drawings, specifications and contract documents. (b) Coordinate with the Construction Team the implementation of construction information systems, Project time control schedules and resources analysis as they relate to materials, manpower and costs. (c) Provide construction review status updates and other reports for each Project on a monthly basis. 1.3 Management of Active Construction (a) Establish with the Design -Build Team on -site organization and lines of authority in order to carry out Client's overall plans in all phases of the Project on a coordinated and efficient basis. (b) As applicable, require Construction Team to maintain an on -site record -keeping system which will be sufficient in detail to satisfy an audit by Client. Such records shall include, but shall not necessarily be limited to, daily logs, progress schedules, manpower breakdowns (daily by trade), financial reports, quantities, material list, shop drawings, and the like. (c) Coordinate the obtaining of all legally required permits, licenses, and certificates. Coordinate through the applicable Construction Team aspects of the work with local municipal authorities, governmental agencies, and utility companies who may be involved in the Project. (d) Coordinate through the Construction Team the work of all subcontractors until final completion and acceptance of the Project by Client. In the event that the interpretation of the meaning and intent of the contract documents becomes necessary during construction, ascertain the architect's and Client's interpretation, make recommendations as appropriate, and transmit such information on the appropriate subcontractor(s). (e) Attend job meetings when necessary, attended by the Design Build Team and Client's representative to discuss procedures, progress, problems, scheduling and open items. (f) Coordinate through the design -build Team testing provided by others as required by the technical sections of the specifications, and as required by the building code. (g) Coordinate the review with the Design -build Team, for compliance with the contract documents, of shop drawings, materials and other items submitted by the Construction Team. (h) Review and recommend approval of all applications for payments submitted through vendor(s) in accordance with established procedures. (i) Receive and review change order requests from Design build Team or from Client. Review unit prices, time and material charges and similar items. Monitor and advise upon request for changes required by field conditions and progress of the work, and obtain approval from Client. (j) Review design -build Team scheduling system to expedite materials and equipment deliveries through the course of construction. 1.4 Move Coordination (If Needed) (a) Review Client's established move criteria. (b) Based upon the Client's move criteria, recommend professional move management consulting firms and coordinate engagement process. (c) Conduct move vendor RFP and negotiate contract. (d) Coordinate physical move vendor and furniture/equipment installation activities with the Construction Team, for installation and building access. (e) Assist Client in conducting a thorough damage assessment review with move vendors, fixturing supplier and the Construction Team. (t) Close-out move vendor and furniture / equipment installation contracts. 1.5 Post Construction (a) At the appropriate time, coordinate the preparation of punch lists indicating the items of work remaining to be accomplished, and require that these items are completed in an expeditious manner. (b) Assemble all guarantees, warranties, etc., as required by the contract documents and forward them to Client. (c) Receive from the design -build Team, check and forward to Client all releases of claims required prior to issuance of final certificate of completion and final payment to the design -build Team. (d) Expedite design -build Team preparation of "as -built" drawings of the entire Project in accordance with the terms of the specifications. (e) After completion of Project, CBRE's project manager will monitor the expeditious follow-up and correction of all punch list items. 2. Additional Services. In conjunction with the Services, CBRE shall provide such other services as are reasonably requested by Client, subject to the Parties' mutual agreement as to the scope of, and pricing for, such other services. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: Check all that apply: ['consent ❑ old business ® new business ['public hearing ['information ['admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Motion Consideration: Balfour Park Construction Contract Award GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: • 08/28/2007 Admin Report; Consensus to move forward with a Feasibility Study for Balfour Park • 09/11/2012 Administration Report - Spokane County Library District (SCLD) Interlocal Agreement • 09/25/2012 Passed motion to execute SCLD Interlocal Agreement for sale of a portion of the undeveloped Balfour Park to SCLD • 10/29/2013 Passed motion to accept Balfour Park/Library Conceptual plan • 12/17/2013 Passed motion to approve Resolution 13-013, adopting the Park & Rec Master Plan 2013 Update • 07/25/2017 Passed motion to approve 2017 amendments to the SCLD Interlocal Agreement for the sale of a portion of the undeveloped Balfour Park to SCLD • 11/12/2019 Passed motion to approve Resolution 19-015 adopting the Park & Rec Master Plan 2019 Update • 01/26/2021 Administration Report - SCLD Update by Director Patrick Roewe • 02/09/2021 Passed motion to approve 2021 amendments to the SCLD Interlocal Agreement for sale of a portion of the undeveloped Balfour Park to SCLD • 07/06/2021 Passed motion to authorize contract with AHBL for Park Design services • 07/27/2021 Administration Report — SCLD Library Design Update • 08/17/2021 Administration Report — Balfour Park Design Update • 08/24/2021 Administration Report — Potential & Pending Projects, with Council consensus to allocate $2M for the Balfour Park Concept • 10/26/2021 Administration Report — Balfour Park Design Update • 12/14/2021 Administration Report — Balfour Park Design and Bid Update • 03/15/2022 Potential Grant Opportunity — Recreation and Conservation Office (RCO) • 04/12/2022 Administration Report — Balfour Park Design and Bid Update • 08/30/2022 Passed motion to authorize Amendment #2 for AHBL for updated park design services • 11/15/2022 Administration Report — Balfour Park Phase 1 Expansion Update BACKGROUND: On July 6, 2021, Council authorized the City Manager to execute a contract with AHBL, Inc. (AHBL) for design services of the Balfour Park Expansion. The design was to be completed in two phases. The Phase 1 project consisted of the main park infrastructure including excavation and grading, water, electric and sewer utilities, some of the park pathways and lighting system, the easterly parking lot, some landscaping/irrigation, and the new restroom building. Construction of the Phase 1 project was estimated at $3.1M. The Phase 2 project was to include the architectural park elements identified in the adopted Master Plan which consist of an events plaza, signature playground, splash pad, picnic shelter, sports courts, veterans' memorial, amphitheater, and a walking/interpretive trail. Page 1 of 3 The design and construction documents for the Phase 1 project were completed and staff advertised for construction bids on February 18, 2022. Three bids were opened on March 18, 2022. Unfortunately, the bids were substantially over the engineer's estimate and project budget. The low bid for the base project work was $5.0M and the high bid was $5.7M. The base bid included the site -built multi -purpose structure. There were some unprecedented circumstances that contributed to the high bids: • Substantial inflation, locally and across the nation • Construction cost increases of more than 20% • Contractor availability and labor shortages, locally and across the nation are significantly impacting costs • Timing of the project bid Due to the high bids and limited budget, the contract was not awarded and Council directed staff to identify cost -saving opportunities to incorporate in the contract documents. The design team recommended the following: • Provide prefabricated multi -purpose building instead of a site -built structure, minimizing labor from local tradespersons in this extremely tight labor market • Provide smaller landscape boulders and reuse existing boulder from Library construction • Allow more irrigation pump supplier options and revise irrigation layout and equipment • Use cast -in -place seatwalls instead of concrete masonry unit (CMU) seatwalls • Replace reinforced turf with concrete strips for plaza vehicle access • Reduce site conduits and eliminate those that are not needed for this phase while providing sleeves under hardscape for future • Replace stamped concrete with plain/integral color/sand finishes • Provide bid -alternates to allow flexibility at bid award depending on costs/budget AHBL redesigned the contract documents and staff coordinated with a prefabricated building manufacturer who has almost completed design for the park building to be supplied by the City. Due to the unprecedented bidding environment experienced earlier in 2022, staff recommended at the November 2022 meeting, and Council agreed by consensus, to include potential additive alternate elements that could be awarded at the discretion of Council, should bids be more favorable and/or if additional funding becomes available. At that meeting, Council also reached consensus to allocate $950,000 from Fund 312 to the project for the multi -use building instead of utilizing a "temporary structure." The base bid includes the main park infrastructure, including excavation and grading, water, electric and sewer utilities, some of the park pathways and lighting system, the easterly parking lot, some landscaping/irrigation, and utilities and electrical for the new park building. The consultant's estimated cost for construction of the base bid is $2,753,882. Adding anticipated preliminary engineering, construction administration, and Owner Furnished Contractor Installed (OFCI) site furniture and multi -purpose building costs, which total $1,687,509, resulted in an overall project cost of $4,441,391 for the base bid and the multi -purpose building. As this was below the available budgeted funds, staff recommended to include the following additive alternates in the contract documents: • Additive Alternate #1 — Events Plaza with Entry walk lights — estimated cost $313,730 • Additive Alternate #2 — Veteran's Memorial Plaza — estimated cost $345,620 • Additive Alternate #3 — Amphitheater "Arc" walk lights & food truck outlets - estimated cost $146,579 Page 2 of 3 The City's anticipated costs and project budget for the Phase I Expansion is shown below: Project Costs Preliminary Engineering Construction Total Estimated Costs $ 570,500 $ 4,501,406 $ 5,071,906 Project Budget City Fund 312 $ 4,825,023 SCLD Interlocal $ 246,883 Total Budget $ 5,071,906 The project was advertised on December 16, 2022, and bids were opened on January 13, 2023. Four responsive bids were received. Cameron Riley submitted the lowest responsive, responsible bid of $3,810,723.87. That total low bid (including all additive alternates) was $251,353.23 (7.06%) over the design consultant's estimate of $3,559,370.64. The following is a breakdown of the low bid (includes tax): Bid Amount Required Additional Budget Needed (cumulative if awarded in order shown) Base Bid $3,293,218.44 Within budget Alternate 1 (Events Plaza) $ 163,324.73 ($70,146) Alternate 2 (Veterans Memorial) $ 207,143.92 ($280,290) Alternate 3 ( Food Truck Arc Lighting) $ 147,036.78 ($427,327) Total $3,810,723.87 As sufficient project funds exist for the base bid, Council can choose to award the Construction Contract to Cameron Riley in the amount of $3,293,218.44 which does not include any additive alternates. This option would leave approximately $93K excess budget as shown on attached Construction Award Budget Summary. Staff recommends that Council allocate an additional $427,327 to the project budget to include all of the alternates. Alternatively, Council can choose to include any combination of the alternates as may be desired. The Bid Tabulation is also attached. OPTIONS: 1) Move to award the contract to the lowest responsive and responsible bidder or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Balfour Park Expansion project CIP #0316 to Cameron Riley, LLC, in the amount of $3,810,723.87 which includes the base bid and Additive Alternate #1 (Events Plaza), Additive Alternate #2 (Veteran's Memorial), Additive Alternate #3 (Food Truck Arc Lighting) and applicable sales tax, and authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: Presently, money earmarked for Balfour Park in Capital Reserve Fund #312 is approximately $3.875M. In November, Council was in consensus to add $950,000 to the project budget. This funding will be appropriated from the $950K remaining in the Expo Center project budget (Fund 312) in a forthcoming budget amendment. Additional funding of $246,883 is available for the project as shared improvements through the Library District Memorandum of Understanding. Depending on the alternates selected, if any, additional funding may also need to be allocated to the project budget. Staff is recommending to award the contract with all alternates. The General Fund #001 has capacity to fund the additional $427,327 in the 2023 Budget. A future budget amendment is required to appropriate the funds. STAFF CONTACT: Gloria Mantz, City Engineer Glenn Ritter, Senior Engineer/Project Manager ATTACHMENTS: Construction Award Budget Summary; Bid Tabulation Page 3 of 3 0316 Balfour Park Rebid - Phase 1 Expansion Construction Award Budget Summary Base Bid Total - No Alternates Owner Furnished Contractor Installed (OFCI) Owner Furnished Contractor Installed (OFCI) CONSTRUCTION COST Preliminary Engineering IT (4 Sec. cams, 2 doors access cntrl) Sewer Connection Fee MEWCo Water and Electric -New Svc. Fees Materials Testing Other Costs (Staff time, printing, ads, & temp. signs) OTHER COSTS Total Costs (Base Bid) Existing Funding Add Alt #1-Events Plaza (incls. Entry walk Lights) Total Costs (w/1 Add Alt.) Existing Funding Add Alt #2-Veteran's Memorial Plaza Armed Svcs. Medallions-OFCI Total Costs (w/2 Add Alts.) Existing Funding Add Alt #3-Amph. Arc lights & Food Truck Outlets Total Costs (w/3 Add Alts.) Existing Funding $3,293,218 $40,000 $879,986 $4,213,204 $570,500 $15, 000 $0 $42,865 $20,000 $117,158 $765,523 Incls. Tax Site furniture, Park Signs, etc. Park Building Consultant and Staff $2,500 per camera and doors Not needed -existing service Per final MEWCo estimates Verified w/Testing Firm Includes ^'$10K contingency $4,978,727 $5,071,906 Includes ^'$247K SCLD Reimb. $93,179 Underbudget $163,325 incls. Tax $5,142,052 $5,071,906 ($70,146) Overbudget $207,144 incls. Tax $3,000 incls. dedication plaque $5,352,196 $5,071,906 ($280,290) Overbudget $147,037 incls. Tax $5,499,233 $5,071,906 ($427,327) Overbudget P:\Public Works\Capital Projects\Street Projects\0316 - Balfour Park Improvements -Phase 1\Council Action\Park and Bldg Awards 01-24-23\0316 Balfour Park-CN 1/17/2023 Award Summary BID TABULATION Balfour Park Expansion Rebid Project CIP No. 0316 Spoka► a Milley Item # Bits Quantity Engineers Estimate Cameron Reilly, LLC North Fork Enterprises, LLC Zetin Contractors, LLC Inland Infrastructure, LLC Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost BID SCHEDULE A - BASE BID 1 MINOR CHANGE CALC 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 2 PROJECT SURVEY AND STAKEOUT L.S. 1 $ 36,200.00 $ 36,200.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 $ 16,379.00 $ 16,379.00 $ 25,000.00 $ 25,000.00 3 SPCC PLAN L.S. 1 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 1,257.00 $ 1,257.00 $ 895.00 $ 895.00 $ 600.00 $ 600.00 4 ALLOWANCE FOR PERMIT FEES CALC 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 5 MOBILIZATION L.S. 1 $ 275,000.00 $ 275,000.00 $ 340,000.00 $ 340,000.00 $ 190,000.00 $ 190,000.00 $ 440,000.00 $ 440,000.00 $ 625,000.00 $ 625,000.00 6 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 $ 24,000.00 $ 24,000.00 $ 6,000.00 $ 6,000.00 $ 19,647.00 $ 19,647.00 $ 8,190.00 $ 8,190.00 $ 30,000.00 $ 30,000.00 7 DOCUMENTATION COMPLIANCE ESTIMATE 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 8 CLEARING & GRUBBING ACRES 8 $ 4,000.00 $ 32,000.00 $ 10,000.00 $ 80,000.00 $ 3,043.00 $ 24,344.00 $ 14,462.00 $ 115,696.00 $ 7,450.00 $ 59,600.00 9 LARGE TREE REMOVAL EACH 4 $ 1,500.00 $ 6,000.00 $ 1,500.00 $ 6,000.00 $ 1,033.00 $ 4,132.00 $ 1,934.00 $ 7,736.00 $ 2,500.00 $ 10,000.00 10 REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. 1 $ 13,250.00 $ 13,250.00 $ 10,000.00 $ 10,000.00 $ 14,112.00 $ 14,112.00 $ 19,764.00 $ 19,764.00 $ 15,500.00 $ 15,500.00 11 REMOVAL OF STRUCTURE (RESTROOM & PLAYGROUND) L.S. 1 $ 14,000.00 $ 14,000.00 $ 15,000.00 $ 15,000.00 $ 24,382.00 $ 24,382.00 $ 8,387.00 $ 8,387.00 $ 15,500.00 $ 15,500.00 12 ABANDON IRRIGATION POINT OF CONNECTION L.S. 1 $ 12,000.00 $ 12,000.00 $ 5,000.00 $ 5,000.00 $ 4,356.00 $ 4,356.00 $ 1,457.00 $ 1,457.00 $ 9,250.00 $ 9,250.00 13 REMOVE CEMENT CONC. CURB AND GUTTER L.F. 32 $ 10.00 $ 320.00 $ 50.00 $ 1,600.00 $ 35.00 $ 1,120.00 $ 24.00 $ 768.00 $ 17.00 $ 544.00 14 REMOVE ASPHALT PAVEMENT S.Y. 580 $ 12.00 $ 6,960.00 $ 12.50 $ 7,250.00 $ 9.00 $ 5,220.00 $ 7.00 $ 4,060.00 $ 12.00 $ 6,960.00 15 REMOVE CEMENT CONC. SIDEWALK/ DRIVEWAY APPROACH S.Y. 160 $ 14.00 $ 2,240.00 $ 35.00 $ 5,600.00 $ 14.00 $ 2,240.00 $ 13.00 $ 2,080.00 $ 17.00 $ 2,720.00 16 ROADWAY EXCAVATION, INCL. HAUL C.Y. 6000 $ 10.00 $ 60,000.00 $ 15.00 $ 90,000.00 $ 19.00 $ 114,000.00 $ 18.00 $ 108,000.00 $ 21.00 $ 126,000.00 17 TOPSOIL STRIPPING AND STOCKPILE C.Y. 3805 $ 3.75 $ 14,268.75 $ 10.00 $ 38,050.00 $ 4.00 $ 15,220.00 $ 45.00 $ 171,225.00 $ 4.00 $ 15,220.00 18 SELECT BORROW, INCL. HAUL C.Y. 50 $ 20.00 $ 1,000.00 $ 55.00 $ 2,750.00 $ 45.00 $ 2,250.00 $ 58.00 $ 2,900.00 $ 50.00 $ 2,500.00 19 REMOVAL OF SURPLUS MATERIAL C.Y. 50 $ 23.50 $ 1,175.00 $ 65.00 $ 3,250.00 $ 25.00 $ 1,250.00 $ 58.00 $ 2,900.00 $ 50.00 $ 2,500.00 20 SURPLUS MATERIAL STOCKPILE CY 50 $ 17.00 $ 850.00 $ 45.00 $ 2,250.00 $ 17.00 $ 850.00 $ 115.00 $ 5,750.00 $ 50.00 $ 2,500.00 21 STOCKPILE TO WASTE FACILITY CY 50 $ 125.00 $ 6,250.00 $ 50.00 $ 2,500.00 $ 128.00 $ 6,400.00 $ 102.00 $ 5,100.00 $ 200.00 $ 10,000.00 22 FINE GRADING S.Y. 8120 $ 3.35 $ 27,202.00 $ 0.65 $ 5,278.00 $ 4.50 $ 36,540.00 $ 3.00 $ 24,360.00 $ 3.75 $ 30,450.00 23 TRENCH FENCE SAFETY COMPLIANCE CALC 1 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 24 TRENCH EXCAVATION SAFETY SYSTEM L.S. 1 $ 6,000.00 $ 6,000.00 $ 1,000.00 $ 1,000.00 $ 1,056.00 $ 1,056.00 $ 2,859.00 $ 2,859.00 $ 1,000.00 $ 1,000.00 25 CRUSHED SURFACING TOP COURSE C.Y. 470 $ 84.00 $ 39,480.00 $ 55.00 $ 25,850.00 $ 82.00 $ 38,540.00 $ 84.00 $ 39,480.00 $ 105.00 $ 49,350.00 26 COMMERCIAL H MA TON 570 $ 115.00 $ 65,550.00 $ 120.00 $ 68,400.00 $ 129.00 $ 73,530.00 $ 151.00 $ 86,070.00 $ 140.00 $ 79,800.00 27 CEMENT CONCRETE CURB TYPE"A" L.F. 1865 $ 35.00 $ 65,275.00 $ 30.00 $ 55,950.00 $ 35.00 $ 65,275.00 $ 38.00 $ 70,870.00 $ 50.00 $ 93,250.00 28 CEMENT CONC. DRIVEWAY APPROACH S.Y. 56 $ 115.00 $ 6,440.00 $ 95.00 $ 5,320.00 $ 111.00 $ 6,216.00 $ 146.00 $ 8,176.00 $ 140.00 $ 7,840.00 29 PERMANENT SIGNING L.S. 1 $ 3,000.00 $ 3,000.00 $ 3,250.00 $ 3,250.00 $ 3,368.00 $ 3,368.00 $ 6,495.00 $ 6,495.00 $ 7,500.00 $ 7,500.00 30 PARKING LOT STRIPING L.S. 1 $ 3,000.00 $ 3,000.00 $ 3,250.00 $ 3,250.00 $ 3,368.00 $ 3,368.00 $ 3,407.00 $ 3,407.00 $ 4,000.00 $ 4,000.00 31 HIGH -DENSITY POLYETHYLENE (HDPE) PIPE, 8 INCH L.F. 206 $ 55.00 $ 11,330.00 $ 60.00 $ 12,360.00 $ 59.00 $ 12,154.00 $ 82.00 $ 16,892.00 $ 75.00 $ 15,450.00 32 HIGH -DENSITY POLYETHYLENE (HDPE) PIPE, 12 INCH L.F. 125 $ 68.00 $ 8,500.00 $ 60.00 $ 7,500.00 $ 45.00 $ 5,625.00 $ 76.00 $ 9,500.00 $ 70.00 $ 8,750.00 33 8 INCH PERFORATED PVC STORM SEWER PIPE L.F. 20 $ 75.00 $ 1,500.00 $ 80.00 $ 1,600.00 $ 74.00 $ 1,480.00 $ 155.00 $ 3,100.00 $ 125.00 $ 2,500.00 34 AREA DRAIN EACH 4 $ 2,500.00 $ 10,000.00 $ 3,000.00 $ 12,000.00 $ 3,907.00 $ 15,628.00 $ 4,770.00 $ 19,080.00 $ 4,050.00 $ 16,200.00 35 CATCH BASIN TYPE 1 EACH 2 $ 1,700.00 $ 3,400.00 $ 2,300.00 $ 4,600.00 $ 2,452.00 $ 4,904.00 $ 2,730.00 $ 5,460.00 $ 3,000.00 $ 6,000.00 36 CURB INLET TYPE 1 EACH 4 $ 340.00 $ 1,360.00 $ 400.00 $ 1,600.00 $ 331.00 $ 1,324.00 $ 1,013.00 $ 4,052.00 $ 300.00 $ 1,200.00 37 CURB INLET TYPE 2 EACH 1 $ 2,050.00 $ 2,050.00 $ 1,500.00 $ 1,500.00 $ 1,562.00 $ 1,562.00 $ 3,061.00 $ 3,061.00 $ 2,000.00 $ 2,000.00 38 PRECAST CONCRETE DRYWELL TYPE A EACH 8 $ 3,800.00 $ 30,400.00 $ 4,500.00 $ 36,000.00 $ 4,190.00 $ 33,520.00 $ 5,352.00 $ 42,816.00 $ 5,250.00 $ 42,000.00 39 PRECAST CONCRETE DRYWELL TYPE B EACH 1 $ 4,725.00 $ 4,725.00 $ 6,500.00 $ 6,500.00 $ 4,532.00 $ 4,532.00 $ 7,793.00 $ 7,793.00 $ 7,050.00 $ 7,050.00 40 DOMESTIC WATER AND IRRIGATION VAULT L.S. 1 $ 27,000.00 $ 27,000.00 $ 20,000.00 $ 20,000.00 $ 15,514.00 $ 15,514.00 $ 25,672.00 $ 25,672.00 $ 23,500.00 $ 23,500.00 41 1 INCH I.P.S. POLYETHYLENE PIPE L.F. 636 $ 30.00 $ 19,080.00 $ 27.50 $ 17,490.00 $ 24.00 $ 15,264.00 $ 49.00 $ 31,164.00 $ 45.00 $ 28,620.00 42 2 INCH I.P.S. POLYETHYLENE PIPE L.F. 215 $ 40.00 $ 8,600.00 $ 27.50 $ 5,912.50 $ 31.00 $ 6,665.00 $ 44.00 $ 9,460.00 $ 50.00 $ 10,750.00 43 4 INCH PVC C900 L.F. 253 $ 54.00 $ 13,662.00 $ 60.00 $ 15,180.00 $ 39.00 $ 9,867.00 $ 82.00 $ 20,746.00 $ 70.00 $ 17,710.00 BID TABULATION Balfour Park Expansion Rebid Project CIP No. 0316 Spoka► a Valley Item # Quantity Engineers Estimate Cameron Reilly, LLC North Fork Enterprises, LLC Zetin Contractors, LLC Inland Infrastructure, LLC its Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 44 PVC SANITARYSEWER PIPE 6 IN. DIAM. L.F. 333 $ 50.00 $ 16,650.00 $ 50.00 $ 16,650.00 $ 41.50 $ 13,819.50 $ 70.00 $ 23,310.00 $ 70.00 $ 23,310.00 45 SEWER CLEANOUT EACH 8 $ 1,375.00 $ 11,000.00 $ 500.00 $ 4,000.00 $ 1,247.00 $ 9,976.00 $ 1,087.00 $ 8,696.00 $ 1,600.00 $ 12,800.00 46 EROSION CONTROL AND WATER POLLUTION PREVENTIONS L.S. 1 $ 25,000.00 $ 25,000.00 $ 20,000.00 $ 20,000.00 $ 17,595.00 $ 17,595.00 $ 28,076.00 $ 28,076.00 $ 65,000.00 $ 65,000.00 47 TOPSOIL TYPE A (BIO-INFILTRATION POND TOPSOIL) C.Y. 390 $ 80.00 $ 31,200.00 $ 70.00 $ 27,300.00 $ 86.00 $ 33,540.00 $ 92.00 $ 35,880.00 $ 85.00 $ 33,150.00 48 TOPSOIL TYPE B C.Y. 3210 $ 15.00 $ 48,150.00 $ 20.00 $ 64,200.00 $ 35.00 $ 112,350.00 $ 11.00 $ 35,310.00 $ 60.00 $ 192,600.00 49 COMPOST C.Y. 225 $ 86.00 $ 19,350.00 $ 90.00 $ 20,250.00 $ 85.00 $ 19,125.00 $ 94.00 $ 21,150.00 $ 105.00 $ 23,625.00 50 PSIPE, TREES EACH 43 $ 635.00 $ 27,305.00 $ 675.00 $ 29,025.00 $ 748.00 $ 32,164.00 $ 710.00 $ 30,530.00 $ 800.00 $ 34,400.00 51 PSIPE, 1-GAL AND 2-GAL SHRUBS EACH 224 $ 53.00 $ 11,872.00 $ 40.00 $ 8,960.00 $ 29.00 $ 6,496.00 $ 38.00 $ 8,512.00 $ 45.00 $ 10,080.00 52 PSIPE, 3-, 5-, and 7-GAL SHRUBS EACH 78 $ 86.00 $ 6,708.00 $ 95.00 $ 7,410.00 $ 99.00 $ 7,722.00 $ 98.00 $ 7,644.00 $ 110.00 $ 8,580.00 53 LANDSCAPE BOULDERS ALLOW 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 54 PLACE EXISTING LANDSCAPE BOULDER ALLOW 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 50,000.00 $ 50,000.00 55 DRYLAND SEED MIX S.Y. 10642 $ 2.00 $ 21,284.00 $ 2.35 $ 25,008.70 $ 2.00 $ 21,284.00 $ 3.00 $ 31,926.00 $ 3.00 $ 31,926.00 56 MEADOW SEEDING S.Y. 4425 $ 2.00 $ 8,850.00 $ 2.35 $ 10,398.75 $ 2.00 $ 8,850.00 $ 3.00 $ 13,275.00 $ 3.00 $ 13,275.00 57 SEEDED LAWN S.Y. 13015 $ 2.00 $ 26,030.00 $ 2.35 $ 30,585.25 $ 2.00 $ 26,030.00 $ 3.00 $ 39,045.00 $ 3.00 $ 39,045.00 58 SOD INSTALLATION S.Y. 410 $ 23.00 $ 9,430.00 $ 15.00 $ 6,150.00 $ 13.00 $ 5,330.00 $ 15.00 $ 6,150.00 $ 17.00 $ 6,970.00 59 ROCK MULCH C.Y. 87 $ 116.00 $ 10,092.00 $ 110.00 $ 9,570.00 $ 184.00 $ 16,008.00 $ 115.00 $ 10,005.00 $ 130.00 $ 11,310.00 60 MOW EDGING, 6 INCH CONCRETE L.F. 1063 $ 25.00 $ 26,575.00 $ 18.00 $ 19,134.00 $ 32.00 $ 34,016.00 $ 19.00 $ 20,197.00 $ 20.00 $ 21,260.00 61 MOW EDGING, METAL L.F. 1725 $ 14.00 $ 24,150.00 $ 13.00 $ 22,425.00 $ 15.00 $ 25,875.00 $ 13.00 $ 22,425.00 $ 15.00 $ 25,875.00 62 IRRIGATION POINT OF CONNECTION L.S. 1 $ 35,000.00 $ 35,000.00 $ 25,000.00 $ 25,000.00 $ 60,028.00 $ 60,028.00 $ 27,299.00 $ 27,299.00 $ 30,250.00 $ 30,250.00 63 IRRIGATION SYSTEM S.F. 169982 $ 1.25 $ 212,477.50 $ 1.25 $ 212,477.50 $ 2.00 $ 339,964.00 $ 1.25 $ 212,477.50 $ 1.50 $ 254,973.00 64 TRASH ENCLOSURE L.S. 1 $ 15,000.00 $ 15,000.00 $ 55,000.00 $ 55,000.00 $ 25,000.00 $ 25,000.00 $ 66,368.00 $ 66,368.00 $ 75,000.00 $ 75,000.00 65 TREE WELL GRATES EACH 9 $ 2,500.00 $ 22,500.00 $ 5,000.00 $ 45,000.00 $ 4,735.00 $ 42,615.00 $ 6,643.00 $ 59,787.00 $ 4,600.00 $ 41,400.00 66 PARK BENCH, OFCI EACH 7 $ 800.00 $ 5,600.00 $ 500.00 $ 3,500.00 $ 203.00 $ 1,421.00 $ 621.00 $ 4,347.00 $ 800.00 $ 5,600.00 67 BOLLARD, FIXED EACH 0 $ 625.00 $ - $ - $ - $ 612.00 $ - $ - $ - $ - $ - 68 BOLLARD, REMOVABLE EACH 7 $ 850.00 $ 5,950.00 $ 1,750.00 $ 12,250.00 $ 1,796.00 $ 12,572.00 $ 3,576.00 $ 25,032.00 $ 1,900.00 $ 13,300.00 69 BICYCLE REPAIR STATION, OFCI EACH 1 $ 1,150.00 $ 1,150.00 $ 500.00 $ 500.00 $ 234.00 $ 234.00 $ 652.00 $ 652.00 $ 800.00 $ 800.00 70 BICYCLE RACK, OFCI EACH 5 $ 1,150.00 $ 5,750.00 $ 400.00 $ 2,000.00 $ 209.00 $ 1,045.00 $ 658.00 $ 3,290.00 $ 800.00 $ 4,000.00 71 PARK SIGN, OFCI EACH 3 $ 500.00 $ 1,500.00 $ 500.00 $ 1,500.00 $ 265.00 $ 795.00 $ 3,065.00 $ 9,195.00 $ 800.00 $ 2,400.00 72 CONCRETE BASE FOR ART LS 1 $ 6,000.00 $ 6,000.00 $ 12,500.00 $ 12,500.00 $ 2,493.00 $ 2,493.00 $ 21,950.00 $ 21,950.00 $ 12,000.00 $ 12,000.00 73 CEMENT CONC. CURB RAMP EACH 4 $ 3,000.00 $ 12,000.00 $ 2,500.00 $ 10,000.00 $ 2,324.00 $ 9,296.00 $ 3,891.00 $ 15,564.00 $ 3,200.00 $ 12,800.00 74 CEMENT CONC. SIDEWALK S.Y. 2375 $ 95.00 $ 225,625.00 $ 65.00 $ 154,375.00 $ 80.00 $ 190,000.00 $ 78.00 $ 185,250.00 $ 95.00 $ 225,625.00 75 CEMENT CONC. SIDEWALK (COLORED) S.Y. 117 $ 125.00 $ 14,625.00 $ 95.00 $ 11,115.00 $ 92.00 $ 10,764.00 $ 99.00 $ 11,583.00 $ 130.00 $ 15,210.00 76 CEMENT CONC. SIDEWALK (6" THICK) S.Y. 1019 $ 115.00 $ 117,185.00 $ 80.00 $ 81,520.00 $ 90.00 $ 91,710.00 $ 101.00 $ 102,919.00 $ 115.00 $ 117,185.00 77 CEMENT CONC. SIDEWALK (6 " THICK, COLORED) S.Y. 894 $ 170.00 $ 151,980.00 $ 95.00 $ 84,930.00 $ 108.00 $ 96,552.00 $ 129.00 $ 115,326.00 $ 160.00 $ 143,040.00 78 DETECTABLE WARNING SURFACE S.F. 85 $ 43.00 $ 3,655.00 $ 50.00 $ 4,250.00 $ 40.00 $ 3,400.00 $ 38.00 $ 3,230.00 $ 55.00 $ 4,675.00 78a STA TEMPORARY BUS STOP L.S. 1 $ 1,200.00 $ 1,200.00 $ 3,500.00 $ 3,500.00 $ 795.00 $ 795.00 $ 2,872.00 $ 2,872.00 $ 1,150.00 $ 1,150.00 79 SITE ELECTRICAL AND LIGHTING L.S. 1 $ 398,000.00 $ 398,000.00 $ 850,000.00 $ 850,000.00 $ 748,084.00 $ 748,084.00 $ 513,169.00 $ 513,169.00 $ 720,000.00 $ 720,000.00 80 CONDUIT PIPE 2" DIA L.F. 460 $ 20.00 $ 9,200.00 $ 20.00 $ 9,200.00 $ 20.00 $ 9,200.00 $ 16.00 $ 7,360.00 $ 21.00 $ 9,660.00 81 CONDUIT PIPE 4" DIA L.F. 460 $ 30.00 $ 13,800.00 $ 35.00 $ 16,100.00 $ 35.00 $ 16,100.00 $ 21.00 $ 9,660.00 $ 37.00 $ 17,020.00 82 PARK BUILDING ELECTRICAL L.S. 1 $ 20,000.00 $ 20,000.00 $ 100,000.00 $ 100,000.00 $ 9,050.00 $ 9,050.00 $ 234,221.00 $ 234,221.00 $ 90,000.00 $ 90,000.00 83 PARK BUILDING SLAB PREP L.S. 1 $ 8,000.00 $ 8,000.00 $ 7,000.00 $ 7,000.00 $ 1,858.00 $ 1,858.00 $ 4,606.00 $ 4,606.00 $ 13,000.00 $ 13,000.00 -$ SUBTOTAFSCHEDUL 8.90% SALES TAX $ 2,528,412.25 $ 225,028.69 3,024,075.70 $ 269,142.74 $ 2,929,869.50 $ 260,758.39 $ 3,395,089.50 $ 302,162.97 $ 3,876,609.00 $ 345,018.20 TOTAL SCHEDULE A: $ 2,753,440.94 $ 3,293,218.44 $ 3,190,627.89 $ 3,697,252.47 $ 4,221,627.20 BID TABULATION Balfour Park Expansion Rebid Project CIP No. 0316 Spokane Val ley Item # Units Quantity Engineers Estimate Cameron Reilly, LLC North Fork Enterprises, LLC Zetin Contractors, LLC Inland Infrastructure, LLC Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost BID SCHEDULE B - BID ADDITIVE No. 1: EVENTS PLAZA B0 PROJECT SURVEY AND STAKEOUT L.S. 1 $ 1,800.00 $ 1,800.00 $ 3,500.00 $ 3,500.00 $ 3,637.00 $ 3,637.00 $ 5,000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 B1 PSIPE, CHRISTMAS TREE EACH 1 $ 3,250.00 $ 3,250.00 $ 7,000.00 $ 7,000.00 $ 8,529.00 $ 8,529.00 $ 12,700.00 $ 12,700.00 $ 8,500.00 $ 8,500.00 B2 PSIPE, 1-GAL AND 2-GAL SHRUBS EACH 32 $ 53.00 $ 1,696.00 $ 25.00 $ 800.00 $ 29.00 $ 928.00 $ 28.00 $ 896.00 $ 30.00 $ 960.00 B3 TOPSOIL TYPE B C.Y. 12 $ 25.00 $ 300.00 $ 100.00 $ 1,200.00 $ 35.00 $ 420.00 $ 75.00 $ 900.00 $ 60.00 $ 720.00 B4 COMPOST C.Y. 2 $ 86.00 $ 172.00 $ 82.00 $ 164.00 $ 85.00 $ 170.00 $ 95.00 $ 190.00 $ 100.00 $ 200.00 B5 ROCK MULCH C.Y. 5 $ 116.00 $ 580.00 $ 105.00 $ 525.00 $ 186.00 $ 930.00 $ 120.00 $ 600.00 $ 125.00 $ 625.00 B6 LANDSCAPE BOULDERS ALLOW 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 B7 HANGING LANDSCAPE BASKET IRRIGATION SYSTEM L.S. 1 $ 4,500.00 $ 4,500.00 $ 8,500.00 $ 8,500.00 $ 11,556.00 $ 11,556.00 $ 12,500.00 $ 12,500.00 $ 10,500.00 $ 10,500.00 B8 IRRIGATION SYSTEM S.F. 500 $ 20.00 $ 10,000.00 $ 1.85 $ 925.00 $ 8.00 $ 4,000.00 $ 3.50 $ 1,750.00 $ 4.00 $ 2,000.00 B9 DRINKING FOUNTAIN EACH 1 $ 5,800.00 $ 5,800.00 $ 10,000.00 $ 10,000.00 $ 16,545.00 $ 16,545.00 $ 23,400.00 $ 23,400.00 $ 15,150.00 $ 15,150.00 B10 CEMENT CONC. SIDEWALK (6"THICK) S.Y. 452 $ 115.00 $ 51,980.00 $ 67.00 $ 30,284.00 $ 101.00 $ 45,652.00 $ 105.00 $ 47,460.00 $ 115.00 $ 51,980.00 B11 CEMENT CONC. SIDEWALK (6" THICK, COLORED) S.Y. 230 $ 170.00 $ 39,100.00 $ 73.00 $ 16,790.00 $ 127.00 $ 29,210.00 $ 135.00 $ 31,050.00 $ 160.00 $ 36,800.00 B12 SITE ELECTRICAL AND LIGHTING L.S. 1 $ 163,900.00 $ 163,900.00 $ 65,000.00 $ 65,000.00 $ 81,915.00 $ 81,915.00 $ 79,500.00 $ 79,500.00 $ 75,000.00 $ 75,000.00 B13 MOW EDGING, METAL (DEDUCT) L.F. 250 $ 14.00 $ (3,500.00) $ (12.00) $ (3,000.00) $ (15.00) $ (3,750.00) $ (12.00) $ (3,000.00) $ 15.00 $ 3,750.00 B14 DRYLAND SEED (DEDUCT) S.Y. 744 $ 2.00 $ (1,488.00) $ (2.30) $ (1,711.20) $ (2.00) $ (1,488.00) $ (2.30) $ (1,711.20) $ 3.00 $ 2,232.00 SUBTOTAL SCHEDULE B: $ 288,090.00 = $ 149,976.80 $ 208,254.00 $ 221,234.80 $ 222,417.00 8.90% SALES TAX $ 25,640.01 $ 13,347.94 $ 18,534.61 $ 19,689.90 $ 19,795.11 TOTAL SCHEDULE B: $ 313,730.01 $ 163,324.74 $ 226,788.61 $ 240,924.70 $ 242,212.11 BID SCHEDULE C - BID ADDITIVE No. 2: VETERANS MEMORIAL CO PROJECT SURVEY AND STAKEOUT L.S. 1 $ 2,500.00 $ 2,500.00 $ 2,260.00 $ 2,260.00 $ 2,537.00 $ 2,537.00 $ 5,000.00 $ 5,000.00 $ 2,750.00 $ 2,750.00 C1 PSIPE, TREES EACH 4 $ 635.00 $ 2,540.00 $ 525.00 $ 2,100.00 $ 624.00 $ 2,496.00 $ 575.00 $ 2,300.00 $ 650.00 $ 2,600.00 C2 1-GAL AND 2-GAL SHRUBS, PSIPE EACH 94 $ 53.00 $ 4,982.00 $ 35.00 $ 3,290.00 $ 29.00 $ 2,726.00 $ 38.00 $ 3,572.00 $ 42.00 $ 3,948.00 C3 TOPSOIL TYPE B C.Y. 30 $ 25.00 $ 750.00 $ 12.00 $ 360.00 $ 35.00 $ 1,050.00 $ 72.00 $ 2,160.00 $ 60.00 $ 1,800.00 C4 COMPOST C.Y. 4 $ 85.00 $ 340.00 $ 82.00 $ 328.00 $ 85.00 $ 340.00 $ 90.00 $ 360.00 $ 100.00 $ 400.00 C5 ROCK MULCH C.Y. 11 $ 90.00 $ 990.00 $ 105.00 $ 1,155.00 $ 184.00 $ 2,024.00 $ 115.00 $ 1,265.00 $ 125.00 $ 1,375.00 C6 LANDSCAPE BOULDERS ALLOW 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 C7 IRRIGATION SYSTEM S.F. 1190 $ 15.00 $ 17,850.00 $ 3.10 $ 3,689.00 $ 5.50 $ 6,545.00 $ 3.40 $ 4,046.00 $ 4.00 $ 4,760.00 C8 CMU SEATVVALL L.F. 75 $ 720.00 $ 54,000.00 $ 500.00 $ 37,500.00 $ 522.00 $ 39,150.00 $ 900.00 $ 67,500.00 $ 750.00 $ 56,250.00 C9 FLAG POLES L.S. 1 $ 26,700.00 $ 26,700.00 $ 20,000.00 $ 20,000.00 $ 13,168.00 $ 13,168.00 $ 17,800.00 $ 17,800.00 $ 35,000.00 $ 35,000.00 C10 VETERAN'S MEMORIAL L.S. 1 $ 71,700.00 $ 71,700.00 $ 45,000.00 $ 45,000.00 $ 79,763.00 $ 79,763.00 $ 130,000.00 $ 130,000.00 $ 75,000.00 $ 75,000.00 C11 CEMENT CONC. SIDEWALK SY 124 $ 95.00 $ 11,780.00 $ 86.00 $ 10,664.00 $ 111.00 $ 13,764.00 $ 58.00 $ 7,192.00 $ 95.00 $ 11,780.00 C12 CEMENT CONC. SIDEWALK (COLORED) SY 58 $ 125.00 $ 7,250.00 $ 90.00 $ 5,220.00 $ 151.00 $ 8,758.00 $ 90.00 $ 5,220.00 $ 130.00 $ 7,540.00 C13 SITE ELECTRICAL AND LIGHTING L.S. 1 $ 108,500.00 $ 108,500.00 $ 51,000.00 $ 51,000.00 $ 62,937.00 $ 62,937.00 $ 55,000.00 $ 55,000.00 $ 61,500.00 $ 61,500.00 C14 MOW EDGING, METAL (DEDUCT) L.F. 130 $ 14.00 $ (1,820.00) $ (12.00) $ (1,560.00) $ (15.00) $ (1,950.00) $ (12.00) $ (1,560.00) $ 15.00 $ 1,950.00 C15 DRYLAND SEED (DEDUCT) S.Y. 344 $ 2.00 $ (688.00) $ (2.30) $ (791.20) $ (2.00) $ (688.00) $ (2.30) $ (791.20) $ 3.00 $ 1,032.00 SUBTOTAL SCHEDULE C: $ 317,374.00 $ 190,214.80 $ 242,620.00 $ 309,063.80 $ 277,685.00 8.90% SALES TAX $ 28,246.29 = $ 16,929.12 $ 21,593.18 $ 27,506.68 $ 24,713.97 TOTAL SCHEDULE C: $ 345,620.29 $ 207,143.92 $ 264,213.18 $ 336,570.48 $ 302,398.97 BID TABULATION Balfour Park Expansion Rebid Project CIP No. 0316 Spokane Val ley Item # Units Quantity Engineers Estimate Cameron Reilly, LLC North Fork Enterprises, LLC Zetin Contractors, LLC Inland Infrastructure, LLC Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost BID SCHEDULE D - BID ADDITIVE No. 3: FOOD TRUCK ARC LIGHTING DO PROJECT SURVEY AND STAKEOUT L.S. 1 $ 800.00 $ 800.00 $ 1,620.00 $ 1,620.00 $ 1,819.00 $ 1,819.00 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 D1 HANGING LANDSCAPE BASKET IRRIGATION SYSTEM L.S. 1 $ 3,500.00 $ 3,500.00 $ 7,900.00 $ 7,900.00 $ 21,853.00 $ 21,853.00 $ 8,900.00 $ 8,900.00 $ 10,000.00 $ 10,000.00 D2 SITE ELECTRICAL AND LIGHTING L.S. 1 $ 130,300.00 $ 130,300.00 $ 125,500.00 $ 125,500.00 $ 132,833.00 $ 132,833.00 $ 139,500.00 $ 139,500.00 $ 150,000.00 $ 150,000.00 SUBTOTAL SCHEDULE D: $ 134,600.00 $ 135,020.00 $ 156,505.00 $ 153,400.00 $ 162,000.00 8.90% SALES TAX $ 11,979.40 $ 12,016.78 $ 13,928.95 $ 13,652.60 $ 14,418.00 TOTAL SCHEDULE D: $ 146,579.40 $ 147,036.78 $ 170,433.95 $ 167,052.60 $ 176,418.00 PROJECT TOTALS $ 3,559,370.64 $ 3,810,723.87 $ 3,852,063.62 $ 4,441,800.24 $ 4,942,656.28 Competitive bids were opened on Jan 13, 2023. I hereby certify to the best of my ability that this is a true and correct bid tabulation for the Balfour Park Expansion Rebid Project, CIP #0316. 1/13/23 Glenn Ritter, PE Senior Engineer/Project Manager Note: Cells with red text have been corrected for math errors. CHECKLIST —__ Bid Proposal Checklist x x x x Bid Proposal Form x x x x Addendas Acknowledged x x x x Cert-VVage Pymt. Compliance x x x x Contractor Info x x x x Bid Qualifications x x x x Subcontractor List x x x x Bid Bond x x x x Reps & Certs x x x x CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Check all that apply: ['consent ❑ old business ['information ['admin. report Department Director Approval: ® new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Motion Consideration: Balfour Park Multi -Use Building Purchase GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: • 08/28/2007 Admin Report; Consensus to move forward with a Feasibility Study for Balfour Park • 09/11/2012 Administration Report - Spokane County Library District (SCLD) Interlocal Agreement • 09/25/2012 Passed motion to execute SCLD Interlocal Agreement for sale of a portion of the undeveloped Balfour Park to SCLD • 10/29/2013 Passed motion to accept Balfour Park/Library Conceptual plan • 12/17/2013 Passed motion to approve Resolution 13-013, adopting the Park & Rec Master Plan 2013 Update • 07/25/2017 Passed motion to approve 2017 amendments to the SCLD Interlocal Agreement for the sale of a portion of the undeveloped Balfour Park to SCLD • 11/12/2019 Passed motion to approve Resolution 19-015 adopting the Park & Rec Master Plan 2019 Update • 01/26/2021 Administration Report - SCLD Update by Director Patrick Roewe • 02/09/2021 Passed motion to approve 2021 amendments to the SCLD Interlocal Agreement for sale of a portion of the undeveloped Balfour Park to SCLD • 07/06/2021 Passed motion to authorize contract with AHBL for Park Design services • 07/27/2021 Administration Report — SCLD Library Design Update • 08/17/2021 Administration Report — Balfour Park Design Update • 08/24/2021 Administration Report — Potential & Pending Projects, with Council consensus to allocate $2M for the Balfour Park Concept • 10/26/2021 Administration Report — Balfour Park Design Update • 12/14/2021 Administration Report — Balfour Park Design and Bid Update • 03/15/2022 Potential Grant Opportunity — Recreation and Conservation Office (RCO) • 04/12/2022 Administration Report — Balfour Park Design and Bid Update • 08/30/2022 Passed motion to authorize Amendment #2 for AHBL for updated park design services • 11/15/2022 Administration Report — Balfour Park Phase 1 Expansion Update BACKGROUND: On July 6, 2021, Council authorized the City Manager to execute a contract with AHBL, Inc. (AHBL) for design services of the Balfour Park Expansion. The design was to be completed in two phases. The Phase 1 project consisted of the main park infrastructure including excavation and grading, water, electric and sewer utilities, some of the park pathways and lighting system, the easterly parking lot, some landscaping/irrigation, and the new restroom building. Page 1 of 3 Construction of the Phase 1 project was estimated at $3.1M. The Phase 2 project was to include the architectural park elements identified in the adopted Master Plan which consist of an events plaza, signature playground, splash pad, picnic shelter, sports courts, veterans' memorial, amphitheater, and a walking/interpretive trail. The design and construction documents for the Phase 1 project were completed and staff advertised for construction bids on February 18, 2022. Three bids were opened on March 18, 2022. Unfortunately, the bids were substantially over the engineer's estimate and project budget. The low bid for the base project work was $5.0M and the high bid was $5.7M. The base bid included the site -built multi -purpose structure. There were some unprecedented circumstances that contributed to the high bids: • Substantial inflation, locally and across the nation • Construction cost increases of more than 20% • Contractor availability and labor shortages, locally and across the nation are significantly impacting costs • Timing of the project bid Due to the high bids and limited budget, the contract was not awarded and Council directed staff to identify cost -saving opportunities to incorporate in the contract documents. The design team recommended the following: • Provide prefabricated multi -purpose building instead of a site -built structure, minimizing labor from local tradespersons in this extremely tight labor market • Provide smaller landscape boulders and reuse existing boulder from Library construction • Allow more irrigation pump supplier options and revise irrigation layout and equipment • Use cast -in -place seatwalls instead of concrete masonry unit (CMU) seatwalls • Replace reinforced turf with concrete strips for plaza vehicle access • Reduce site conduits and eliminate those that are not needed for this phase while providing sleeves under hardscape for future • Replace stamped concrete with plain/integral color/sand finishes • Provide bid -alternates to allow flexibility at bid award depending on costs/budget AHBL redesigned the contract documents and staff coordinated with a prefabricated building manufacturer who has almost completed design for the park building to be supplied by the City. Due to the unprecedented bidding environment experienced earlier in 2022, staff recommended at the November 2022 meeting, and Council agreed by consensus, to include potential additive alternate elements that could be awarded at the discretion of Council, should bids be more favorable and/or if additional funding becomes available. At that meeting, Council also reached consensus to allocate $950,000 from Fund 312 to the project for the multi -use building instead of utilizing a "temporary structure." See the "companion" Request for Council Action to award the construction contract to the lowest responsive and responsible bidder for those details. The City's intent for the overall park design has always been to mimic and complement the design theme of the new Library. As such, all park elements are currently planned to have a similar design theme, textures and roof pitches as the new SCLD facility. Staff contacted the formerly local prefabricated building manufacturer, CXT, as utilized on other recent projects like Center Place West Lawn, Browns Park, etc. Unfortunately, they were unable to meet the design intent of the park and Library. Fortunately, staff were able to locate another prefabricated building manufacturer that can meet the design intent. Not only is Public Restroom Company (PRC) able to provide the multi -use building design and theme as Page 2 of 3 requested, they also provide an extraordinary warranty period of five years for the components and 20 years for the structure. Industry standard warranties are typically much less at only one year. See attached PRC proposal for details and their preliminary plans that demonstrate their design is very similar to the previously bid "site -built" building design. Should Council decide to proceed with the purchase from PRC, staff will request that they expedite fabrication to obtain the building as needed later this fall. While PRC has estimated between seven and ten months for building delivery and installation, they are unable to confirm the building's slot in their production queue until the order is actually placed. Staff has already contracted with PRC for the building design at $29,694. Per their attached proposal, the total cost associated with the new prefabricated multi -use park building including design, delivery, installation, and WA State Sales Tax is $879,986. The City's anticipated costs and project budget for the Phase I Expansion is shown below: Project Costs Project Budget Preliminary Engineering $ 570,500 City Fund 312 $ 4,825,023 Construction $ 4,501,406 SCLD $ 246,883 Total Estimated Costs $ 5,071,906 Total Budget $ 5,071,906 There are sufficient funds in the project budget to purchase the PRC Multi -Use Park Building. OPTIONS: 1) Move to authorize the purchase of the PRC Multi -Use Park Building, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize purchase of the Balfour Park Multi -use Building from Public Restroom Company (PRC) in a total amount not to exceed $850,292 which includes delivery, installation, and the applicable sales tax, and authorize the City Manager to finalize and execute the contract. BUDGET/FINANCIAL IMPACTS: Presently, money earmarked for Balfour Park in Capital Reserve Fund #312 is approximately $3.875M. In November, Council was in consensus to add $950,000 to the project budget. This funding will be appropriated from the $950K remaining in the Expo Center project budget (Fund 312) in a forthcoming budget amendment. Additional funding of $246,883 is available for the project as shared improvements through the Library District Memorandum of Understanding. Note that the design has already been contracted separately at $29,694. STAFF CONTACT: Gloria Mantz, City Engineer Glenn Ritter, Senior Engineer/Project Manager ATTACHMENTS: Public Restroom Company Building Proposal w/Preliminary Design Page 3 of 3 PUBLIC RESTROOM COMPANY Building Better Places To Go.`" Price Proposal: Balfour Park - City of Spokane Valley, WA Date: September 14, 2022 Reference: 11148-7/26/2022-2 Our Offer to Sell: 1. Restroom/Storage/Office Building with Canopy delivered to site @ $ 840,733 Public Restroom Company (PRC) herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.) 2. Installation: Turnkey Installation of the Building above @ $ 39,253 with retention allowed. Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will: a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad. d. Set the building on the site pad. e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel. 3. Owner/General Contractor Final Tie In of Utilities and other site work: a. The Owner/Contractor is responsible for making all final plumbing connections at the 6' POC locations. b. The Owner/Contractor is responsible for pulling wire and completing all final tie-ins to the electrical panel from the 6' POC location. c. The Owner/Contractor is responsible for preparing the pad/foundation. PRC will trench through provided pad/foundation to run utilities to 6' POC locations. 4. Total Cost of Building and Installation @ $ 879,986 5. Minus Purchased Plans @ ($29,694) 6. Remaining Total Cost of Building and Installation @ $ 850,292 Balfour Park - City of Spokane Valley, WA 109/14/20221 Reference # 11148-7/26/2022-2 2587 Business Parkway l Minden, NV 89423 l www.PublicRestroomCompany.com l p: 888-888-2060 l f: 888-888-1448 1 of 8 • PUBLIC RESTROOM COMPANY Building Better Places To Go.`" OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS: Scope of Work Background: Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC's nominally 6' outside the foundation. Preparation of Building Pad: Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC's, and if required the footings, attached to this scope of work. Subgrade Pad/Foundation Requirements: 1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10' offsets. 2. Excavate the existing site to the depth of the required footings to local code if required. 3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand. Owner/General Contractor verification of site access to allow Building Delivery: 1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14' minimum width, 16' minimum height, and sufficient turning radius for a crane and 70' tractor -trailer. 2. Our cost is based upon the crane we provide being able to get within 35' from the building center and for the delivery truck to be no more than 35' from the crane center picking point. 3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor 's responsibility for repair and all costs, if damage occurs. 4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor. 5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation. 6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor's confirmation may call -off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor. Installation Notice and Site Availability: PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an Balfour Park - City of Spokane Valley, WA 109/14/20221 Reference # 11148-7/26/2022-2 2587 Business Parkway l Minden, NV 89423 l www.PublicRestroomCompany.com l p: 888-888-2060 l f: 888-888-1448 2 of 8 PUBLIC RESTROOM COMPANY Building Better Places To Go.`" improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation. Caution: 1f site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for re - mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery. Public Restroom Company will "turn -key" set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation. Utility Connections: 1. PRC to complete all internal building plumbing connections and connections from the electrical panel to building's fixtures. The Owner/ Contractor is responsible for making the final plumbing connections at the 6' POC locations. 2. The Owner/Contractor is responsible for pulling the wire and completing the final tie-in to the electrical panel from the 6' POC location. 3. The Owner/Contractor is responsible for commissioning the building once final utility connections are made. This includes flushing & testing all water service lines before final startup. Special Conditions, Permits, and Inspection Fees: Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable. Jurisdiction for Off -site Work: Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third -party engineer inspection report for any and all closed work the local official cannot see. PUBLIC RESTROOM COMPANY SCOPE OF WORK: Our In Plant/Off-Site Construction Scheduling System: PRC has several off -site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high -quality fit and finish standards. PRC manages quality control in our off -site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials, Balfour Park - City of Spokane Valley, WA 1 09/14/20221 Reference # 11148-7/26/2022-2 2587 Business Parkway l Minden, NV 89423 l www.PublicRestroomCompany.com l p: 888-888-2060 l f: 888-888-1448 3 of 8 PUBLIC RESTROOM COMPANY Building Better Places To Go.`" which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in -plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting. Special Payment and Progress Billing Terms: Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract. The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs. In the event of project stoppage, additional fees may be assessed for re -mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs. Delivery and Installation: Site Inspection: PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6' from the exterior of the building. Installation: PRC will install the building turn -key, except for any exclusion (listed under "Exclusions," herein.) Installation of Utilities under the Prefabricated Building: We fabricate off -site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing. We provide all the buildings under -slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to within 6' of the pad and are responsible for final connections at that point. Connection of Utilities Post Building Placement: After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection "inside" the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 6' from building locations. Electrical: PRC provides the electrical conduit to the POC 6' from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel. Balfour Park - City of Spokane Valley, WA 109/14/20221 Reference # 11148-7/26/2022-2 2587 Business Parkway l Minden, NV 89423 l www.PublicRestroomCompany.com l p: 888-888-2060 l f: 888-888-1448 4 of 8 PUBLIC RESTROOM COMPANY Building Better Places To Go.`" Plumbing: PRC provides the POC up to 6' from the building footprint and the Owner/General Contractor connects the water to our stub out location. Sewer: Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service. Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection: Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation. Time of Completion: PRC estimates a 240 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals from all authorities required to approve them. Exclusions/Exceptions: 1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with only 4" of clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on -site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order. 2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off -site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC. 3. Sidewalks outside the building footprint. 4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor. Balfour Park - City of Spokane Valley, WA 109/14/20221 Reference # 11148-7/26/2022-2 2587 Business Parkway l Minden, NV 89423 l www.PublicRestroomCompany.com l p: 888-888-2060 l f: 888-888-1448 5 of 8 �I � I RPUBLIC Cm" COMPANY Building Better Places To Go.`" 5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation. 6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans. 7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement. 8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor. 9. Our bid included crane costs are based on a maximum 35' radius from the center pin of the crane (10' back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor. 10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on -site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor. 11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC. 12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor. 13. Backflow certification if applicable by Owner/ General Contractor. Insurance and Prevailing Wage Certification: PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations. Special Insurance to protect the Building before acceptance: As PRC requires payment for each month of off -site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off -site until the building is finally accepted by the owner. This special policy protects the Owner's custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off -site, while in transit to the job site, during and after it is installed on -site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein. Balfour Park - City of Spokane Valley, WA 109/14/20221 Reference # 11148-7/26/2022-2 2587 Business Parkway l Minden, NV 89423 l www.PublicRestroomCompany.com l p: 888-888-2060 l f: 888-888-1448 6 of 8 PUBLIC RESTROOM COMPANY Building Better Places To Go.`" Errors and Omissions Insurance: Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings. Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & 0) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order. WARRANTY All work performed by PUBLIC RESTROOM COMPANY (called "Company") shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner's agent without on -site supervision by Company. Company warranty on building shell including exterior walls, concrete 8" slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below. Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record. This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product. The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness. There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner. Term of Offer to Sell and Owner/General Contractor Acceptance: This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner's bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract. Special Notice of Possible Project Cost Increases as a Result of Late Payments: In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to Balfour Park - City of Spokane Valley, WA 109/14/20221 Reference # 11148-7/26/2022-2 2587 Business Parkway l Minden, NV 89423 l www.PublicRestroomCompany.com l p: 888-888-2060 l f: 888-888-1448 7 of 8 PUBLIC RESTROOM COMPANY Building Better Places To Go.`" cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater. Termination Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off -site demolition and disposal of the partially or fully fabricated building as well as any non -returnable materials which were custom -ordered to complete fabrication in PRC's factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense. Venue for Contract Jurisdiction: Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law. No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company. Offered by: Public Restroom Company by Charles E. Kaufman IV, President This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached. Accepted by: Authorized Signature Date Signed Printed Name Legal Entity Name and Address Balfour Park - City of Spokane Valley, WA 109/14/20221 Reference # 11148-7/26/2022-2 2587 Business Parkway I Minden, NV 89423 I www.PublicRestroomCompany.com I p: 888-888-2060 I f: 888-888-1448 8 of 8 PROJECT REF#: 1 1 148-7/26/2022-2 Covered Porch/ Roof Built on site (Optional) Slab by Others •••• FLOOR PLAN SCALE: NOT TO SCALE Covered Porch/ Roof Built on site •• (Optional) Slab by Others PRC MANUFACTURED BUILDING RESTROOM/ STORAGE/ PUMP/ OFFICE BUILDING SPOKANE VALLEY, WASHINGTON BALFOUR PARK ARTIST IMPRESSION: 3D RENDERING ONLY FOR REPRESENTATION. COLORS AND MATERIALS ARE SUBJECT TO CHANGE . : PUBLIC IP [11 I RESTROOM COMPANY Building Better Places To Go.'" COPYRIGHT 2022, PUBLIC RESTRDOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTRDOM COMPANY AND SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTRDOM COMPANY. www.PublicRestroomCompanv.com 2587 BUSINESS PARKWAY MINDEN NEVADA 89423 P: 888-888-2060 F: 888-888-1448 12'-0" COVERED PORCH - ROOF BUILT ON SITE (OPTIONAL) 2'-0" 10'-0" 39'-4" PROJECT REF#: 11148-7/26/2022-2 SLAB B OTHER 0 i — jr22 8 yi 11'-8" (MOD-'2') y 11'-8" (MOD-'1') t / fi. I r I li 23'-4" (MOD-'3') ., 1 I / 1-•n - '/' - `J 1 I- - - - -t- / J� be , , BC N N ELEC. PANEL PUMP ROOM MEN it 7- LY FA Y—r , _ o E L. 1 10 �L-__L,--� QII / HD i 1 _ /� Io�l ��— s'r `_�� - u u qp LOCKABLE OUTLET r ,G 11OE UTILITY - L DRINKING r CHASE I *BOTTLE °9� BOTTLE FILLER r I I 1 • �_f= E �XXXXX� `', STORAGE 2x FURR OUT WALL W/ INSULATIONS PTAC SECURITY OFFICE n H HD - = �' L'v 1 i WOMENS `, no J 40'-0" (ROOF OVERALL) FLOOR PLAN SCALE:3/16"=1'-0" ol lr M PUBLIC COPYRIGHT 2022 PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC OM BUILDINGTYPE: RESTROOM/ STORAGE/ PUMP/ OFFICE BUILDING REVISION# REVISION DATE: 7/26/2022 SHEET# A-1 PROJECT: DRAWN BY: FOR RESTROOM EC CA SHALL N SHALL N OR DIRCLOSEDT , USED OR To BALFOUR PARK PROJECT#: START MAX. PERSON/HOUR: COMPANY Places To Go?" EXCEPT OTHERS EXCEPT A S AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY. SPOKANE VALLEY, WADATE: 11148 5/27/2022 300 M Building Better DRAWN BY: EOR Ph: 888-888-2060 1 Fax: 888-888-1448 -NOT FOR CONSTRUCTION - PRELIMINARY DESIGN DRAWING ONLY DO NOT SCALE, DIMENSIONS PRESIDE PROJECT REF#: 11148-7/26/2022-2 LINE OF COVERED PORCH - ROOF BUILT ON SITE (OPTIONAL) T.O.CMU FINISH FLOOR / / / \ -1 / C o�tll�ol ID2 7 / / / / / LOCKABLE OUTLET I WALL TILES / / / / `DRINKING FOUNTAIN W/ BOTTLE FILLER ELEVATION 1 SCALE: 3/16"=1'-0" 12 1I— 5 12'-0" COVERED PORCH - ROOF BUILT ON SITE (OPTIONAL) �� 10'-0" "1 2'-0" r ELEVATION 2 SCALE: 3/16"=1'-0" 12 -I1.5 T.O. CMU FINISH FLOOR SLAB BY OTHERS M PUBLIC COPYRIGHT 2022 PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC OM BUILDING TYPE: RESTROOM/ STORAGE/ PUMP/ OFFICE BUILDING REVISION# 2 REVISION DATE: 7/26/2022 SHEET# A-2 DRAWN BY: FOR RESTROOM COMPANY .s" Places To Go?" EC CA SHALL N SHALL N OR DIRCLOSEDT , USED. RORS E DISCLOSED T TO OTHERS EXCEPT A S AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY. PROJECT: BALFOUR PARK SPOKANE VALLEYWA , PROJECT#: �� START DATE 5/27/2022 MAX. PERSON/HOUR: 300 M Building Better DRAWN BY:EOR Ph: 888-888-2060 1 Fax: 888-888-1448 -NOT FOR CONSTRUCTION - PRELIMINARY DESIGN DRAWING ONLY DO NOT SCALE, DIMENSIONS PRESIDE PROJECT REF#: 11148-7/26/2022-2 T.O. CMU FINISH FLOOR 0'-0" 12'-0" COVERED PORCH - ROOF BUILT ON SITE �� (OPTIONAL) 2'-0" "I 10'-0" 12 __ 1.51- {`{y T.O. CMU FINISH FLOOR SLAB BY OTHERS PTAC ELEVATION 3 SCALE: 3/16"=1'-0" 12 — 1 ELEVATION 4 SCALE: 3/16"=1'-0" M PUBLIC COPYRIGHT 2022 PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC M AND BUILDING TYPE: RESTROOM/ STORAGE/ PUMP/ OFFICE BUILDING REVISION# REVISION DATE: 7/26/2022 SHEET# A-3 PROJECT: DRAWN BY: FOR RESTROOM EC SRHEO I REPRODU CAED, SHALLNOR DISCLOSED USED. C TO BALFOUR PARK PROJECT#: START MAX. PERSON/HOUR: COMPANY .s" Places To Go?" EXCEPT R0 E OTHERS EXCEPT A S AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY. SPOKANE VALLEY, WA �� DATE: 5/27/2022 300 M Building Better DRAWN BY:EOR Ph: 888-888-2060 1 Fax: 888-888-1448 -NOT FOR CONSTRUCTION - PRELIMINARY DESIGN DRAWING ONLY DO NOT SCALE, DIMENSIONS PRESIDE PUBLIC III RESTPOOM II COMPANY SPECIFICATIONS Project #: 11148 Project Name: Balfour Park Site Address: 105 N Balfour Road City, State, Zip: Spoakne, WA 99206 Date: 8/4/2022 Bldg Size: See Drawings Type of Bldg: SS-242-DF-BF Restroom, Pump Room, Office TYPE OF BUILDING Construction Type MVR WOOD Wood Framed walls above cap beam, and wood framed rafters [ceiling & vents same as MVR] FLOOR SYSTEM ROOM/ITEM FINISH Restroom, Office Exposed Concrete with Light Broom Finish with Integral Additive for Stain/Moisture Resistance Restroom, Office Floor Coating with Skid Resistant Additive - Flakes Insul. Family Restroom Tile Cove Base Footings/Foundation Provide Steel Angle Tie Downs WALL SYSTEM BUILDING WALLS HEIGHT Building Walls Height 7'4" EXTERIOR WALLS - CMU BLOCK TYPE AND COLOR ROWS All Precision Exterior 4" CMU Precision Gray FRAMED WALLS Interior/Exterior Framed 2" X 6" Wood Interior Framed 2" X 4" Wood WALLS INSULATION Wall Insulation Insulate Office only, to Code CAP BEAM Cap Beam Cap Beam, Steel Tube, Painted TYPE WALL FINISHES - EXTERIOR FINISH HEIGHT CMU Paint over block filler To Cap Beam Stucco -Above- Cap Beam Painted Stucco Finish Applied Over Framed Walls w/ Smooth FRC Above Cap Beam Alcove Precision CMU Painted To Cap Beam Exterior Paint PPG Exterior Gloss - Colors TBD by client ROOM WALL FINISHES - INTERIOR FINISH HEIGHT Restrooms Below Cap Beam Block filler & paint To Cap Beam Insul. Family RR Below Cap Bean Tile (12"x12" -Colour Scheme Porcelain) Restroom Block Filler & Epoxy Paint To 1st Block Course Restrooms - Above Cap Beam Stucco Pattern FRC - Painted Above Cap Beam Mechanical - To Cap Beam Block filler & paint To Cap Beam Mechanical - Above Cap Beam Painted OSB Above Cap Beam Office Painted Sheetrock Orange Peel Full Height Behind Mop Sink PVC Panels To Cap Beam ROOF SYSTEM ITEM DESCRIPTION Vertical Seam 24 ga Metal Sales Vertical Seam 24 ga 12in. Panel Striations Restroom Ceiling (MVR) 5/16" Cement Board Stucco Pattern Over 5/8" OSB Roof Insulation Insulate, But Not To Code R Value: Roof Insulation Insulate Office to Code R Value: Fascia 14/16 Ga Formed Galvanized Steel W/1" Return At Top (MVR) Vents SS Wire Mesh Stainless Steel Wire Mesh - Provide Removable Bug Screens and Lexan Cover ITEM DOORS - HARDWARE DESCRIPTION Hollow Metal Doors Hollow Metal: Galvanized 14 GA. Door w/ 14 GA Frame Continuos Hinge Double Door (Storage Area) Hollow Metal 14 GA Door &14 GA Frame w/ Continuous Hinge (Includes Threshold) Deadbolt SCHLAGE B600 series temporary large format core (std) ITEM DESCRIPTION LOCATION Pull Plates Rockwood-VRT24 "Z" (Standard w/Anti-Microbial) (Std) Door Closer LCN Closer, Model # 4211 Cush Arm (for Out Swing Door) All Weather Strip Pemko Perimeter Gasketing (3' x 7' Door) # 303-C-S-3684 Family,Storage,Pump,Office Door Sweeps Pemko Door Sweep 321SSN36" Family,Storage,Pump,Office Door Threshold (No Tile) Threshold Fluted Saddle Mill Finish Alum, 4" Wide #270A36 All Magnetic Locks (Securitron) Securitron M62 With BPS 1 AMP Power and DT-7 Timer PB-5 SPN-5455 English/Spanish Button (Stc Windows Below Cap Beam Jeld-Wen ;ture Windows Vandal Resist ITEM RESTROOM ACCESSORIES MANUFACTURER/DESCRIPTION FINISH Signage Door/Wall Signs Polished Aluminum & Blue Grab Bars Grab Bars Stainless Steel Aluminum Louvers (Chase Std) Louver Sunvent Industries Model #157 Polished Aluminum 3-roll Toilet Paper Holders Royce Rolls TP-3 Stainless Steel Baby Changing Station Foundations Horizontal #5410339 Stainless Steel Hand Dryer Fastaire HD03S Hand Dryer (Short) ITEM MANUFACTURER/DESCRIPTION Utility Hook (Standard) Utility Hook, Bright Finish, Bobrick # B-670-PRC or Franklin Brass 5501 for Blazer Soap Dispenser PRC Proprietary Tank W/Thru Wall Valve Thru Wall Valve ASI #353 PRIVACY SCREENS (PARTITION WALLS) CMU with Paperstone Doors CMU Stall Walls With Paper Stone Doors, Continuos Hinges, Pilasters PLUMBING FIXTURE/PART DESCRIPTION Toilets - Stainless Steel Acorn # 1675 W-1-HET 1.28 GPF-FVBO-ADA-PFS-316SS Urinals - Stainless Steel Acorn # 1709 HEU-W-1-0.125-FVBO-316SS Lays - Stainless Steel Rear Connect Acorn # 1652LRB-1-DMS-03-M-316SS Drinking Fountain (Murdock) Acorn GS Series, Wall Mount Drinking Fountain, # GSE64-FG-316SS- Dual Bottle Filler Acorn BF3 Series, Type 316 SS Bottle Filler, # A0000000-BF3-316SS Lever (Std) - Toilet Flush Valve Zurn W.C. Flush Valve 1.28 Ga Zurn # Z6143AV-HET-7L-BG Lever - Urinal Flush Valve Zurn Urinal Flush Valve .125 GPM Zurn # Z6195AV-ULF-7L-BG Metering Faucet Single Hole Metering Faucet, Chicago Model # 333-E2805-665PSHABCP - Tempered Floor Drains: W/Trap Primer Floor Drain Zurn # ZN460-2NH-5B W/Strainer / With Trap Primer FIXTURE/PART PLUMBING SPECIAL DESCRIPTION Floor Mount Mop Sink Mustee Mop Service Basin, Model # 63M 24" x 24" x 10", Color: White Mop Rack ProFlo PF245: Mop Hanger FIXTURE/PART Water Heater Tempered Water to Lays PLUMBING GENERAL DESCRIPTION Stiebel DHC-E8 1-2 lavatories Thermostatic Mixing Valve, Acorn Model # ST70-12 Valve Combo (PRV) Valve Combo with Pressure Reducing Valve Water Line Material PEX (Upgrade) use in cold Climates Bladder Tank ProFlo PFXT5, (PRC)/ Amtrol 2 gal (Blazer) - no elect required Hose Bibb- Interior Acorn #8121-LF - in the Chase Hose Reel & Hose Hose Reel With 5/8"x75' Garden Hose ITEM Electrical Panel Breakers ELECTRICAL DESCRIPTION 200 amp Single Phase - 120/240 v 42 Circuits Plug on (QOD) ITEM LIGHTING DESCRIPTION (W=WALL, C=CEILING) Lighting Control -Interior- Light Fixture Integraded Occupancy Sensor (OCC) Interior Lights W/C) Luminaire, Swoop Series SWP1212-OP-BRZ-OCC 15 Watts Lighting Control -Exterior- Photo Cell Intermatic Photo Control #EK4336S Exterior Lights W) Luminaire, AEL-12 (Dark Sky Compliant) 20" long 10 Watts Chase Lights Security Office Pump Room Lights C) Green AL-42L (large Chase)Waterproof C) Green AL-41 L (small room) Waterproof C) Green AL-41 L (small room) waterproof 36 Watts 18 Watts 18 Watts ITEM RECEPTACLES/SWITCHES, HEATERS, FANS, HVAC, LIGHTED SIGNS DESCRIPTION LOCATION Receptacles GFCI (x8)Storage,(x5)Pump House,(x6)Security Office Receptacles GFCI Tamper Resistant Exterior Alcove Switches Single Pole Single Pole (Adjacent to Panel) Switches By Pass By Pass (To By Pass OCC Sensors) J-box Provide J-Box For future Radiant Heater "to be on installed on site J-box Provide J-Box Run Conduit & J-Box for Future CCTV Fan Broan Model # L100MG 120 VAC with 6" Round Duct Connector #1106466 HVAC Friedrich PTAC in room Emergency Light Lithonia ELM2L Led 2 Head Led Emergency Light (Mechanical Room) Options: Optional Covered Entry CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: Check all that apply: ['consent ❑ old business ® new business ['public hearing ['information ['admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Motion Consideration: Interlocal Contract for Cooperative Purchasing with the Houston -Galveston Area Council GOVERNING LEGISLATION: RCW 39.34.030 (Interlocal Cooperation Act); SVMC 3.35.010 (Contract authority); and SVMC 2.15.020 (City Manager, Duties, powers, and responsibilities) PREVIOUS COUNCIL ACTION TAKEN: Council approved the replacement of the City's financial management software as part of the 2022 and 2023 Budgets. BACKGROUND: The City is currently in the process of implementing a new financial management software system. This implementation will be extremely time intensive for Finance Department staff members, and as such, part of the plan and budget for the software replacement project has been to bring in a temporary staff person through an employment agency. This person will assist the Finance Department by taking over some daily routine tasks while permanent staff members focus on training on the new software system. Finance would like to bring this temporary staff member in as soon as possible to train on our current financial management software before the new software implementation ramps up in the next few months. Staff has identified an appropriate person through temporary employment agency Robert Half that can begin work in January 2023. Robert Half indicated that they offer government pricing through piggybacking onto an existing governmental consortium, the Houston -Galveston Area Council (HGAC), a Texas entity that runs a cooperative purchasing program for local governments and certain non-profit organizations. For the City to take advantage of the governmental pricing rates, it needs to enter into an interlocal agreement with the HGAC. This interlocal agreement will allow the City to take advantage of all the purchasing agreements the HGAC has in effect, including that with Robert Half. The interlocal automatically renews annually unless canceled with at least a 30-day notice. A copy of this interlocal is attached. Once the interlocal is in place, staff will work with Robert Half to have the temporary employee available to the City. When the temporary employee starts, Robert Half will provide a completed Terms and Conditions (example attached). The Terms and Conditions are accepted by the City when the employee starts work. The temporary employee is anticipated to begin working at the City on January 30, 2023, and will be at a rate of $67.10 per hour. The agreement with Robert Half can also be terminated with at least a 30-day notice. Staff expects to need these temporary staffing services throughout the new software implementation, which will be at least through 2023. There is budget available to pay for the temporary staffing through the software implementation line items in the 2023 Budget. OPTIONS: Approve the interlocal contract or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize and approve the interlocal contract for cooperative purchasing through the Houston -Galveston Area Council and authorize the City Manager to finalize and execute the agreement in substantially the form provided. BUDGET/FINANCIAL IMPACTS: In the 2022 and 2023 Budgets, Council approved up to $1,000,000 in nonrecurring costs and $400,000 in recurring costs. This temporary staffing is included in those dollar amounts. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Interlocal Contract for Cooperative Purchasing with the Houston -Galveston Area Council • Robert Half Terms and Conditions KGACBuy TNf SMART PURCNRSINC SOIRTION INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING ILC No.: ILC23-12242 PennanentNumber assigned by H-GAC THIS IN1ERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the Houston -Galveston Area Council, hereinafter referred to as "H-GAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and City of Spokane Valley, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at 10210 E. Sprague Ave. Spokane Valley, WA 99206. WITNESSETH WHEREAS, H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on 01/24/2023 (Date), and that it desires to contract with H-GAC on the terms set forth below; NOW, THEREFORE, H-GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD The period of this Contract shall be for the balance of the fiscal year of the End User, which began 01/01/2023 and ends 12/31/2023. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User. ARTICLE 6: PAYMENTS H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H- GAC's contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H- GAC contractor. ARTICLE 7: CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H-GAC's contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the parry's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with H-GAC. ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS: City of Spokane Valley Name of End User (local government, agency, or non-profit corporation) Houston -Galveston Area Council 3555 Timmons Lane, Suite 120, Houston, TX 77027 10210 E. Sprague Ave. By: Mailing Address Executive Director Spokane Valley, WA 99206 Date: City, State ZIP Code Signature of chief elected or appointed official l Date John Hohman, City Manager Typed Name & Title of Signatory GCBUY END USER DATA Please sign and return the Interlocal Contract, along with this completed form, to H-GAC by emailing it to cpcontractfax@h-gac.com or by faxing it to 713-993-2424. The contract may also be mailed to: H-GAC Cooperative Purchasing Program P.O. Box 22777, Houston, TX 77227-2777 Name of End User Agency: City of Spokane Valley County Name: Spokane Mailing Address: 10210 E. Sprague Ave. Spokane Valley, WA 99206 Main Telephone Number: 509-720-5000 FAX Number: 509-720-5075 Physical Address: 10210 E. Sprague Ave. Spokane Valley, WA >99206 Web Site Address: www.spokanevalley.org Official Contact: Chelsie Taylor Mailing Address: 10210 E. Sprague Ave. Spokane Valley, WA 99206 Authorized Official: John Hohman Mailing Address: 10210 E. Sprague Ave. Spokane Valley, WA 99206 Authorized Official: Dan Domrese Mailing Address: 10210 E. Sprague Ave. Spokane Valley, WA 99206 Title: Finance Director Ph No.: 509-720-5040 FX No.: 509-720-5075 E-Mail Address: ctaylor@spokanevalley.org Title: City Manager Ph No.: 509-720-5300 FX No.: 509-720-5075 E-Mail Address: jhohman@spokanevalley.org Title: Accounting Manager Ph No.: 509-720-5042 FX No.: 509-720-5075 E-Mail Address: ddomrese@spokanevalley.org COMPLETING AND EXECUTING THE ILC PROCESS Step 1 (complete) Thank you for completing this step. A PDF copy of the ILC document will be delivered to the email address entered. Step 2 Secure a signature by the individual identified as the Authorized Official to contractually bind your entity. Step 3 Scan and email a copy of the contract to H-GAC at cpcontractfax@h-gac.com, or fax it to 713-993-2424. The contract may also be mailed to: H-GAC Cooperative Purchasing Program PO Box 22777 Houston, TX 77227-2777 If you require an original signed contract, please print, sign, and mail two (2) sets of the ILC documents. Step 4 H-GAC will execute the contract and return a copy to you electronically. Robert Half Personal & Confidential CONTACT NAME COMPANY NAME STREET ADDRESS 1 STREET ADDRESS 2 OR CITY, ST ZIP CITY, ST ZIP OR SPACE IF NOT REQUIRED Job Order Number: Job Order # Dear Contact First Name, Thank you for selecting RobertHalf to me et y our talent solutions needs. Candidate Name is scheduled to start with Company Name as a Functional Role on . As agreed, we will invoice your firm at the rate of per hour. Overtire will be billed at 1.50 tim es such rate. Please find the enclosed General Conditions of Engagement andTerms of Payment for your review. Our professional will submit a tim e report for verification a nd approval at the end o f each week. Your approvalthereby will indicate you have read and agree to the enclosed General Conditions of Engagement and Terms o f Payment. Plea se do nothesitate to contact us if you have any questions or we can be of additional service . We look forward to working with you. Sincerely, Robert Half BranchAddressLine 1 BranchAddressLine 2 BranchAddressLine 3 (866) 526-2512 © Robert Half International Inc2022 All rights reserved. An Equal Opportunity EmployerM/F/Disability/Veterans FULL-TIME ENGAGEMENT PROFESSIONAL GENERAL CONDITIONS OF ENGAGEMENT Thank you for your confidence in Robert Half. The following General Conditions ofEngagement and the enclosed Terms ofPayment apply to this enga gement. Scope of Engagement Our professional is only authorized to performwork within the scope of the engagement. It is your responsibility to provide appropriate direction, guidance or oversight to our professional for satisfactory performance on your engagement. Unless otherwise agreed to in writing by Robert Half, you will not permit our professional to use computers or other electronic devices, software, services, tools, e-mail accounts or network equipment owned or licensed by our professional. Since Robert Half is not a professional accounting firm, it is expressly understood that our professionals are not authorized to render an opinion on behalf of Robert Half or on your behalf on financial statements, nor are our professionals authorized to sign the name ofRobert Half on any document or to sign their own names on financial statements or tax returns. Client's Responsibility It is understood that you are responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, internal controls and other appropriate procedures and controls (including information technology, proprietary information, creative designs and trade secret safeguards) for your company and we shall not be responsible for any losses, liabilities or claims arising from the lack of such controls or procedures. Please notify us immediately if you require Robert Halfto perform background checks or other placement screenings of our professional. We will conduct such checks or screenings for you only if they are described in a signed, written amendment to these General Conditions of Engagement. Cash Handling and Other Financial Transactions and Activities: If you permit or allow our professional to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or conduct financial transactions or other related activities, you accept sole responsibility for all claims, demands and liability thatmay arise from permitting these activities. You represent and warrant that to the extent you permit or allow our professional to engage in the activities described in this paragraph, you will not permit or allow our professional to handle more than (i) $1,000per day if you are a non-profit entity, or (ii) $25,000 per day if you are a for -profit entity. Workplace Safety: It is understood that you have full responsibility for: (i) providing safe working conditions, as required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to your business, and (ii) ensuring that safety plans exist for, and safety related training is provided to our professional working on your premises. To ensure the safety of potentially vulnerable individuals on your premises, you agree not to permit our professionals to have unsupervised or unmonitored contact with (1) minors (2) adults who are under your care, custody or supervision because of mental health impairments. Government Contracts: If this engagement is for work to be performed under a government contract or subcontract, you will notify us immediately (1) of any obligations in the government contract or subcontract relating to wages, and (2) if we are legally required to initiate E-Verify verification procedures for our professional. Operation of Vehicles and Equipment: It is understood that we will not authorize our professional to operate machinery (other than office machines) or vehicles. If you wish to permit our professional to drive for business purposes, you accept sole responsibility for all liability, damages, injuries or other claims that may arise or be incurred as a result of driving. If you require our professional to drive a vehicle owned by you or an employee of your company, you agree to maintain such vehicle in good working condition and maintain all necessary and appropriate insurance for the operation of such vehicle. Under no circumstances will you permit our professional to: make bank deposits; carry cash in excess of $100, negotiable instruments or other valuables while driving; or have passengers in the vehicle. It is agreed that you accept full responsibility for, and that we do not maintain insurance to cover any injury, damage, or loss thatmay result from your failure to comply with the foregoing. It is understood that you are responsible for reporting any claim to us in writing during or within ninety (90) days after the engagement. Under no circumstance will Robert Halfbe responsible for any claim related to the engagement, including but not limited to work performed by our professional, unless you have reported such claim in writing to us within ninety (90) days after termination of the engagement. Remote Work You may request that our professional provide services to you remotely (i.e., from a location other than your or your customer's premises) using a laptop and/or other computer or telecommunications equipment provided by you or Robert Half (collectively, the "Equipment"). In such case, you acknowledge and agree that Robert Half shall have no control over, and you shall be solely responsible for, (i) the logical and physical performance, reliability and security of the Equipment or related devices, network accessibility and availability, software, services, tools and e-mail accounts (collectively, "Computer Systems") used by our professional, and (ii) the security and integrity and backing up, of the data and other information stored therein or transmitted thereby. Moreover, you must not permit our professional to save or store any of your files or other data on the Computer System provided by us (including, but not limited to, any virtual desktop infrastructure solution). You agree that we shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems. Confidentiality Our professional will agree to execute any confidentiality agreement you may require. You are responsible for obtaining our professional's signature. Branch Address Line 1, Branch Address Line 2, Branch Address Line 3 You agree to hold in confidence the social security number and other legally protected personal information of our professional and to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure. Limitation on Liability We make no express or implied warranty, including, but not limited to, any warranty of quality, performance, merchantability or fitness for any purpose with respect to any services performed or any goods provided,including, but not limited to, financial or accounting services performed, or software developed, for you Under no circumstances are we liable for any special, incidental, exemplary, indirect damages, lost profits or consequential damages (including, but not limited to, lost business, revenue, goodwill, or anticipated savings), even if informed ofthe possibility. Our liability, if any, will (in the aggregate for all claims, causes of action or damages)be limited to any actual direct damages up to an amount equal to the fees actually paid by you to us for the services that are the subject ofthe claim, regardless of the basis onwhich you are entitled to claim damages from us (including, but not limited to, fundamental breach, negligence, misrepresentation, or other contract or tort claim). Insurance In addition to workers' compensation insurance for our professional, we also maintain commercial liability insurance. No Contrary Agreements These General Conditions of Engagement contain the complete and final agreement on the topics they address, and they supersede any prior agreements or understandings on these topics. Our professionals do not have authority either to verbally modify these General Conditions of Engagement or to assume additional responsibilities other than those set forth in these General Conditions of Engagement. Job Order: Job Order # Date: Branch Address Line 1, Branch Address Line 2, Branch Address Line 3 FULL-TIME ENGAGEMENT PROFESSIONAL TERMS OF PAYMENT Thank you for your confidence in Robert Half. Our professional for this engagement of Functional Role is Candidate Name. The engagement will start on . As agreed, or otherwise communicated, we will invoice your firm at the rate of per hour. Should you wish to use our profes sional for other engagements, please let us know. The hourly billing rate may then change to reflect the experience necessary for the engagement. Call Robert Half for any changes in the engagement. We request a minimum thirty (30) days notice prior to ending any engagement. The followine Terms of Payment ay to this engagement: Guarantee Robert Half guarantees your satisfaction with our professional's services by extending to you 37.5 hours guarantee period. If, for any reason, you are dissatisfied with our professional, Robert Halfwill not charge for the first 37.5 hours worked, provided that Robert Half is allowed to replace the professional. Unless you contact us before the end of the first 37.5 hours guarantee period, you agree that our professional is satisfactory. Time Report Our profes sional will submit a time report for verification and approval at the end of each week. Your approval thereby indicates your acknowledgement of the General Conditions of Engagement and these Terms of Payment. Our compensation to our profes sional is on a weekly basis, and you will be billed weekly for the total hours of work by the profes sional, including time spent completing, revising, and/or resubmitting a time report during business hours, and we ask that you respect those guidelines. Because RobertHalfinvoices reflect payroll we have already paid, our invoices are due upon receipt. Applicable sales and service taxes shall be added to these invoices. In the event that you fail to pay the invoice when due, you agree to pay all of our costs of collection, including reasonable attorneys' fees, whether or not legal action is initiated. Additionally, we may, at our option, charge interest on any overdue amounts at a rate of the lesser of 1 1/2% per month or the highest rate allowed by applicable law from the date the amount first became due. Overtime Overtime will be billed at 1.50 times the normal billing rate. Overtime applies when hours ofwork by the professional exceed 40 hours per week (and in California exceed more than 8 hours in a day and as other state laws may require). If state law requires double time pay, the double time hours will be billed at 2.00 times the normal billing rate. Hiring the Person Referred to You Our professionals are, salaried employees of Robert Half, and clients are discouraged from directly hiring our professionals. You agree to seek our permission before you hire our Full -Time Engagement Professional You also agree to pay a conversion fee if you hire our professional, regardless of the employment classification, on either a full-time, temporary (including temporary engagements through another agency) or consulting basis within twelve months after the last day of the engagement. You also agree to pay a conversion fee if our profes sional is hired by (i) a subsidiary or other related company or business as a result of your referral of our profes sional to that company or (ii) one of your customers as a result of our professional providing services to that customer. The conversion fee will equal 50% of the professional's aggregate annual compensation, including bonuses. The conversion fee will be owed and invoiced upon your hiring of our professional, and payment is due upon receipt of this invoice. The same calculation will be used if you convert our professional on apart -time basis using the full-time equivalent salary. Employment Taxes and Withholdings Robert Half will handle, to the extent applicable, any workers' compensation insurance, federal, state and local withholding taxes and unemployment taxes, as well as social security, state disability insurance or other payroll charges. General Conditions Robert Half may charge you a technology fee for the provision of equipment or technology, if you request that our professional use equipment or technology provided by us. RobertHalfmay increase our rates provided under the Terms of Payment to reflect increases in our own costs of doingbusiness, including costs associated with higher wages for workers and/or related tax, benefit and other costs. We will provide written or verbal notice of the technology fees and/ or increase in our rates. Any increase in our rates will be prospective, starting as of the effective date Robert Halfspecifies. A copy of the General Conditions of Engagement has been provided to you. We reserve the right to replace our professional. Job Order: Job Order # Date: Branch Address Line 1, Branch Address Line 2, Branch Address Line 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ['information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Administrative Report — Solid Waste and Hazardous Waste Management Plans Update GOVERNING LEGISLATION: • Chapter 70A.205 RCW: Solid Waste Management —Reduction and Recycling • Chapter 70A.300 RCW: Hazardous Waste Management PREVIOUS COUNCIL ACTION TAKEN: • November 4, 2014 — Resolution 14-011 Adopting Solid Waste Management Plan • November 4, 2014 — Resolution 14-012 Adopting Moderate Risk Waste Plan • June 22, 2021 — Resolution 21-003 Amending the Solid Waste Management Plan to include a Contamination Reduction and Outreach Plan • March 1, 2022 — Administrative Report on the Solid Waste Management Plan Update process • September 27, 2022 — Administrative Report on the Solid Waste Management Plan Update Consultant Agreement • October 25, 2022 — Council approval of Solid Waste Management Plan Update Consultant Agreement BACKGROUND: On November 16, 2014, the City's interlocal agreement with the Spokane Regional Solid Waste Management System expired. Prior to this expiration and in view of it, the City Council considered options and voted to assume responsibility of managing the solid waste generated within the City. This responsibility was progressively assumed primarily through the following key Council actions: • 2014 — authorizing 10-year contract with Sunshine Disposal, Inc. for University Road Transfer Station Operation • 2014 — adopting Solid Waste Management Plan • 2014 — adopting Moderate Risk Waste Plan • 2017 — authorizing 10-year contract with Waste Management for Solid Waste Collection of Garbage, Recyclables and Compostables • 2017 — authorizing 10-year contract with Sunshine Disposal for Solid Waste Drop Box Services • 2017 — authorizing 10-year contract with Waste Management for Solid Waste Drop Box Services Pursuant to RCW 70A.205.040 (previously RCW 70.95.010), the City is required to prepare a coordinated, comprehensive solid waste management plan. This plan provides guidance for the solid waste system in the City, including garbage collection and disposal, and programs for waste reduction, recycling, organics, special wastes and the administration of these programs. In 2014, the City's plan was developed with assistance from a consultant. Also, pursuant to RCW 70A.300.350 (previously RCW 70.105.220), the City is required to prepare a local hazardous waste plan based on state guidelines. This plan provides guidance for the moderate -risk waste management system in the City, including hazardous wastes generated in small quantities by residents ("household hazardous wastes") and small quantities generated by businesses ("small -quantity generators"). In 2014, the City's hazardous waste plan was developed with assistance from a consultant. In June 2021, a Contamination Reduction and Outreach Plan (CROP) was added to our Solid Waste Management Plan (Resolution No. 21-003) pursuant to modifications to RCW 70A.205.045. As required in Chapter 70A.205 RCW and Chapter 70A.300 RCW, the City has a Solid Waste Management Plan and Moderate -Risk Waste Management Plan which are required to be kept current, reviewed, and revised periodically. For the updates necessary to the Solid Waste and Moderate Risk Waste Management Plans, the City will be utilizing the services of Great West Engineering. The major tasks associated with the update include the following. Project Task Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Project Management Project Initiation Technical Advisory Committee Assistance Existing Plan and Systems Analysis Future Needs Assessment Implementation Activities Draft Plan Preparation Final Plan Preparation Great West Engineering, as part of this Administrative Report, will provide a review of the process to "kick-off' the Solid Waste & Hazardous Waste Management Plans Update. Please keep in mind that throughout the Plan development and adoption, which is anticipated to take approximately two years, significant public involvement and coordination with the Department of Ecology is required, which will be incorporated into the final Plan. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: Discussion/Information only. No action is required of Council. BUDGET/FINANCIAL IMPACTS: For the entire update process, there are adequate funds budgeted in Fund #106 (Solid Waste Fund) to cover the costs. STAFF CONTACT: Bill Helbig, PE, Community and Public Works Director ATTACHMENTS: PowerPoint Presentation Comprehensive Solid Waste and Moderate Risk Waste Management Plan Update January 24, 2023 Michelle Langdon, Great West Engineering `"'anew`• � ok 11 GreatWest ENGINEERING Team SPOKANE VALLEY .ill Helbig Erik Lamb Henry Allen Morgan Koudelka GREAT WEST Michelle Langdon Travis Pyle Duncan Breedlove GreatWest 2 Project Purpose RCW Regulations Plan Usability Task 1 -Project Management (Dec 2022 -Nov 2024) Scope of Services Kick Off Meeting Plans Combine and Reorganize 0 SCOPE SCHEDULE BUDGET Project Management Project Initiation Advisory Committee Existing Plan Analysis Identify Future Needs Activities For Implementation Draft Plan Final Plan GreatWest Task 2 -Project Initiation (Dec 2022 -Jan 2023) » Scope of Services » Kick Off Meeting » Plans Combine and Reorganize Project Initiation Advisory Committee Existing Plan Analysis Identify Future Needs Activities For Implementation Draft Plan Final Plan GreatWest Task 3 -Technical Advisory Committee Assistance (Jan 2023 -Nov 2024) » Committee Formation » Inaugural Meeting » Milestone Meetings Project Management Prrliect Initiation Advisory Committee Existing Plan Analysis Identify Future Needs Activities For Implementation Draft Plan Final Plan GreatWest Task 4 —Existing Plan and Systems Analysis (Jan 2023 —Jun 2023) Review Existing Plan/System » Collections » Transfer Station » Disposal » Recycling » Organics » C&D » M RW Project Management Project Initiation Advisory Committee Existing Plan Analysis Identify Futureeecs Activities For Implementation Draft Plan Final Plan GreatWest Task 4 —Existing Plan and Systems Analysis (Jan 2023 —Jun 2023) » Review Existing Plan/System » Reorganize Plan » Meeting with Ecology » Regulatory Compliance Table » Efficiency Study » Recycling Study » Market Analysis » Audits F4I4 CONSULTFINTS Project Management Project Initiation Advisory Committee Existing Plan Analysis Identify Futureeecs Activities For Implementation Draft Plan Final Plan GreatWest 8 Task 5 -Identify Future Needs (Feb 2023 -Jun 2023) 70 6.0 } -o 5.0 0 8- 4.0 3.0 2.0 1.0 0.0 » Program Inventories » 20-Year Projections » 6-Year Construction and Capital Acquisition Program 2010 1011 2011 2013 2014 2015 i Retydables ■Other 0ivertibles ■ Disposed Waste fi 2016 2017 2011 Project Management Project Initiation Advisory Committee Existing Plan Analysis Identify Future Needs Activities For Implementation Draft Plan Final Plan GreatWest 9 Task 6 -Develop Activities for Implementation (Jul 2023 -Aug 2023) » Final List of Activities for Implementation » Implementation Plan » Public Comment Project Management Project Initiation Advisory Committee Existing Plan Analysis Identify Future Needs Activities For Implementation Draft Plan Final Plan GreatWest 10 Task 7 -Draft Plan Preparation (Aug 2023 -Nov 2023) » Draft Implementation Plan » Ecology Checklist Form » SEPA Checklist » Public Comment » Ecology Meeting » City Council Presentation » Agency Review Draft Plan Project Management Project Initiation Advisory Committee Existing Plan Analysis Identify Future Needs Activities For Implementation Draft Plan Final Plan GreatWest 11 Task 8 -Final Plan Preparation (Apr 2024 -Nov 2024) » Comment Response and Plan Revisions » Public Comment » Ecology Meeting » Draft Final Plan » Draft Final Presentation to Council » Final Plan Project Management Project Initiation Advisory Committee Existing Plan Analysis Identify Future Needs Activities For Implementation Draft Plan Final Plan GreatWest 12 Key Points » Plan will address: » Recycling » Area Growth » New Organics Regulations » Education and Outreach » Multi -Family Housing Recycling GreatWest 13 Questions? ww..rea wes en•.co GreatWest 14 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Spokane Valley Police Department Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Police Chief Ellis will give a report on his department's activities. OPTIONS: Discussion/information RECOMMENDED ACTION OR MOTION: Discussion/Information BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Police Chief Ellis ATTACHMENTS: PowerPoint Spokane Valley Police Department Updates SPC'KANE VALLC Spokane VaLFey (Police Department A WASPC Accredited Age%) MM. Nil January 24, 2023 1 Updates 2022 Statistics Hiring/recruitment update Community policing and engagement Marine rescue enhancements Miscellaneous updates 2 2022 Statistics Homicide Rape Aggravated Assault Simple Assault Robbery Burglary - Residential Burglary - Garage Burglary - Commercial Theft Theft - Shoplifting Vehicle Theft Malicious Mischief Vehicle Prowl 3 49 177 802 67 241 156 182 1584 935 388 1711 1074 3 5o 206 702 72 251 123 252 1591 911 577 1852 927 Staffing/Recruiting Update 38 new deputies/officers were hired in 2022, the most in agency history 14 entry level 2 intermediate 22 laterals Every single Spokane Valley Police Department FTE is filled 4 Community Policing and Engagement Trunk or Treat 2022 Community Policing and Engagement Holidays and Heroes 2022 Community Policing and Engagement Spokane Valley Parade of Lights 2022 7 Community Policing and Engagement Salvation Army Shop With a Cop 2022 Community Policing and Engagement ' LI{L h{II, ITII.5 LL"AGLI vi The Hub Police Activity League Camera Trailer Has been delivered and is currently deployed at Hometown Suites 10 New SVPD Homeless Outreach Truck 2o23 Rescue Boat Relocation Plan For the first time, a rescue boat will be housed at the Spokane Valley Police Department precinct • Will shorten response times to water rescues within the City of Spokane Valley Will be stored under new awning at the former White Elephant property 12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ❑ information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Fire Department Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Deputy Chief Zack Bond, on behalf Fire Chief Soto will give a report on his department's monthly activities. OPTIONS: Discussion/information RECOMMENDED ACTION OR MOTION: Discussion/Information BUDGET/FINANCIAL IMPACTS: N/A STAFF/OTHER CONTACT: Zack Bond, Deputy Fire Chief Spokane Valley Fire Department ATTACHMENTS: PowerPoint Monthly Summary Response Distribution by Aid Type Incident Distribution by Station Area Incident Distribution by Type and Category yQ��, December, 2022 on Rrnr.� Incident and Response Totals Year to Date Incident Totals Incidents by Year and Month Incident Change Last Update: This report summarizes all incidents that occurred within the Spokane Valley Fire District boundary; and all SVFD responses inside and outside the district boundary. CD 27.98K Incident Summary An incident is a call for service that requires the assistance of a public safety agency Monthly Incident Total 2K 2152 Year to Date Incident Total C 1K 23.02K OK 223 Fire Suppression 1738 EMS 133 Total Incidents by Incident Category 20 1 37 Tech Rescue Haz Mat Incident Category Wildland Fire Other Response Summary A response is counted when an apparatus activates the responding button and an en route time is recorded Monthly Response Total 400 342 co 265 264 253 250 247 240 2950 c, a 209 207 g3 200 172 159 To95 89 87 Year to Date Response Total H I I 0 0 a62) el \fie^ ENO ec43 e`, e6 ey ENO e( e3 0 0 eN 2`� 5rlk D� 12 era e1nb ,�6 N6 33 16 AN 60 aa �� 0\ 0,\�a \,,a \ 0\ ��\,a,O, 0\'\ ��e�er;• vq ,aY �,c.��A,as•• 0 Paz' �, ,aa e�are�ave �aa\\e � - Total Responses by Apparatus 55 3 3 2 1 1 1 1 1 1 1 1 Apparatus Monthly Summary s `i 0 FIRE. DEFT Response Distribution by Aid Type Incident Distribution by Station Area Responses by Aid Type Incident Distribution by Type and Category Year to Date Incident Totals Incidents by Year and Month Incident Change Last Update: CD SVFD Responses Outside SVFD Boundary Incident District Fire District 3 Unserved 28 (3.11 %) City of Spok... 338 (37....) Fire District 10 6 (0.67%) Fire District 3 r 7 (0.78%) Fire District 9 212 (23.56%) Fire District 8 Fire Distri... 291 (3...) • Fire District 9 Fire District 10 Fire District 12 Fire District 13 Airway Heights ... City of Spokane Other District Responses Inside SVFD Boundary Fire District 9 162 (8.30%) City of Spokane 806 (41.3...) Fire District 8 961 (49....) Responding District Fire District 8 City of Spokane •Fire District 9 Cheney Fire Fire District 10 Fire District 13 Fire District 3 •Fire District 4 All Responses by District Inside SVFD Boundary Responding District Spokane Valley Fire Fire District 8 City of Spokane *Fire District 9 Cheney Fire Fire District 10 Fire District 13 Fire District 8 961 (3.31%) - Spokane Valley Fire 27082 (93.28%) Responding District Responses % Responses Spokane Valley Fire 27082 93.28% Fire District 8 961 3.31 % City of Spokane 806 2.78% Fire District 9 162 0.56% Cheney Fire 11 0.04% Fire District 10 5 0.02% Fire District 13 4 0.01% Fire District 3 1 0.00% Fire District 4 1 0.00% Total 29033 100.00% Monthly Summary Response Distribution by Aid Type Incident Distribution by Station Area December, 2022 Station Area Incidents Incident Distribution by Type and Category Year to Date Incident Totals Incidents by Year and Month Incident Change Last Update: Incidents by Station Area °A° Total Incidents by StationArea Station 6 11.73% Station 10 10.70% Station 2 8.75% Station 9 8.47% Station 5 5.82% Station 3 8.14% Monthly Summary FIRE. DEFT Response Distribution by Aid Type Incident Distribution by Station Area ncidents by Type and Category 1 Total Incidents by Category and Year Year 2021 2022 12K Total Incidents 10K 8K 6K 4K 2K 1146 124 146 27 OK 11191 10649 7809 7437 67 3 2 166 1 Incident Distribution by Type and Category 4 1012 1064 944 109 '`s Ocey Ga � 0 0�1 °oe \�� yey ��e� \�e5 yes \yes GG\de �sx` e\\ed GPI Nc9 5,02 cLes v30 45 O :4 ycoc sGeF �° P �� s \>`\e \`>e 'eGr 6e ��e °��•e �e der G Pd� �y� ��et' e� G° ti�a G4 �e,0\o 5 v.O. Pay � eo� F�ke� yr\P��\ A. Year to Date Incident Totals ♦ Incidents by Year and Month Incident Change Last Update: A. CD ♦ Incident Type Total Incidents Total Incidents Total Incident % Incident Last Year This Year Change Change 0 00 3 2 -1 -33.33% 11-S/F 937 877 -60 -6.40% 11-W/11-C 75 67 -8-10.67% 13-S/F 109 102 -7 -6.42% 14-E/UH/M/S 124 78 -46 -37.10% 18-S/F 815 867 52 6.38% 31-A/B/T 7437 7809 372 5.00% 31-C/D/E 10649 11191 542 5.09% 35-F 38 47 9 23.68% 36-F 9 12 3 33.33% 37-F/39-H/L 20 8 -12 -60.00% 40-F/40-N 25 31 6 24.00% 40-I/40-T 141 174 33 23.40% 46-A/B 973 1008 35 3.60% 46-C/D/F/P 173 209 36 20.81% 50-S 249 256 7 2.81% 911 1 -1-100.00% CARES 27 49 22 81.48% CC 146 236 90 61.64% Total 21951 23023 1072 4.88% Incident Category Monthly Summary FIRE. DEFT Response Distribution by Aid Type Incident Distribution by Station Area Year to Date Incident Totals Month January February March April •May June •July August _September October November December Total Incidents ♦ 20000 15000 10000 Incident Distribution by Type and Category Year to Date Incident Totals ♦ • ♦ Incidents by Year and Month Incident Change Last Update: CD ♦ • Yearly Incident Totals by Month Same Period Yearly Incident Totals by Hazard Class Hazard Class Fire Suppression 16978 1446 1356 1434 1303 1438 5000 1343 1448 1279 0 1508 21951 1969 18297 1757 17821 1503 1484 1463 1572 1516 1637 1472 1927 1720 1387 1439 - 1581 1368 1455 1467 1612 23023 1929 1857 2016 1915 1784 1815 1712 1910 EMS Tech Rescue Haz Mat Wildland Fire Rescue Task Force Other Total Incidents 20000 15000 10000 5000 0 16978 1105 13840 1777 17821 18297 1142 14601 1850 23023 21951 2018 2019 2020 2021 2022 2018 2019 2020 2021 2022 Monthly Summary FIRE. DEFT Response Distribution by Aid Type Incident Distribution by Station Area Incidents by Year and Month ♦ Incident Nature Total Incidents 2400 2200 2000 1800 1600 1658 1572 1515 1503 1472 ,-- 1410 1420 . -' " 1400 1352 1200 1675 Incident Distribution by Type and Category 4 1472 1486 1439 1387 Year to Date Incident Totals ♦ • ♦ 2134 2045 Incidents by Year and Month Incident Change Last Update: CD ♦ • Total Incidents by Year and Month 2087 2016 2152 1969 1954 1896 1913 1910 "1929-, ' 1857 1784 1757 1701 1720 - ' 1712 1612 1455 2019 2020 2021 2022 2023 Monthly Summary CSO FIRE. DEFT Response Distribution by Aid Type Incident Distribution by Station Area Year over Year Incident Change Incident Distribution by Type and Category Year to Date Incident Totals Incidents by Year and Month Incident O Change Last Update: 1 ♦ A. • ♦ A. Year Over Year Incident Change Year 2018 2019 2020 2021 2022 a) 0) c co 20% 15% 50/0 0% 2.30% 4.97% 2.67% 19.97% 4.88% 2018 2019 2020 2021 2022 % Year Over Year Incident Change by Hazard Class HazardClass 2018 2019 2020 2021 2022 Total Other EMS Haz Mat Fire Suppression Tech Rescue Wildland Fire Rescue Task Force 100.00% 150.00% -20.00% 4325.00% 62.15% 151.32% 2.79% 5.50% 1.40% 22.16% 5.05% 7.40% 9.40% 1.23% 3.64% -2.92% 23.49% 6.88% 0.34% 4.11% 20.05% -1.62% -0.73% 4.06% -0.99% 3.35% -11.91% 19.18% 6.59% 2.91% -4.65%-32.93% 52.73% 47.62% -37.10% -1.86% 0.00%-66.67% 100.00% 133.33% -57.14% -7.32% Year Over Year Incident Change by Hazard Class HazardClass 2018 2019 2020 2021 2022 Total EMS Fire Suppression Other Tech Rescue Haz Mat Rescue Task Force Wildland Fire 376 761 204 3281 6 73 371 -36 1 3 -1 173 -11 37 -136 193 14 2 6 -5 0 -6 3 8 -4 -27 29 40 914 -16 110 79 39 -8 -46 5536 398 286 162 56 -3 -8 a 4; � �:� ��i�, c..t,..�,�`n+�6! � � ,..tilt � �:�� h'M:h`>' sa i'i}m!'ul:--ate^Y CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 24, 2023 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report: Code Text Amendment (CTA) 2022-0003 Comprehensive Plan Map and Zoning Map Amendments GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Review of past privately initiated site -specific Comprehensive Plan land use and zoning map amendments identified a need for code text amendments to SVMC 19.30.010 Comprehensive Plan text and map amendments and SVMC 19.30.030 Site -specific zoning map amendments. A review of these sections found that there were two related issues: (1) there are no criteria for privately initiated site -specific Comprehensive Plan land use amendments and (2) a property can be eligible for a site -specific zoning map amendment if it is adjacent to a property zoned the same or higher zone, which includes corner touches and property located across right-of-way. These issues taken together allow for more intense zoning and land use designations to intrude into less intense zones and land use designations. CTA-2022-0003 is a city -initiated code text amendment to revise chapter 19.30 SVMC as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site - specific zoning map amendments. The proposed regulation identifies additional criteria that shall be considered when reviewing the proposed map amendments. The Planning Commission held study sessions on the proposed amendment on October 13 and November 10, 2022. The Planning Commission held a public hearing on the proposal on December 8, 2022. On December 22, 2022, the Planning Commission voted 5-1 (one Commissioner was absent) to forward the Planning Commission's recommendation that the City Council approve CTA-2022-0003. OPTIONS: Consensus to proceed with first ordinance reading, or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Council consensus to place on a future agenda for an ordinance first reading BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Martin Palaniuk, Associate Planner ATTACHMENT: 1. Power Point Presentation 2. Draft CTA-2022-0003 Amendment 3. Planning Commission's Findings of Fact and Recommendation 4. Planning Commission Meeting Minutes: 10/13/2022, 11/10/2022, 12/10/2022 and 12/22/2022 5. Staff Report CTA-2022-0003 CTA-2022-0003 Map Amendments Update Administrative Report - January 24, 2023 Martin Palaniuk, Associate Planner Spokane Valley Overview 1 Background - What's the Issue Draft Regulations Next steps Privately Initiated Map Amendments Concern: The intrusion of more intense land uses into areas of less intense uses. What's the cause?: The SVMC does not include criteria for a change to the land use designation map. The criteria for zoning map amendments allow land use changes when adjacent to the same or higher zoning classification. Adjacent includes "corner touches" and across right of way. 1/24/2023 Admin Report - CTA-2022-0003 Example: Ponderosa Area SFR to CMU 1/24/2023 Administrative Report - CTA-2022-0003 Comp Plan Amendment request to change from SFR to CMU. Adjacent to CMU. a Surrounded on three sides by SFR and SFR uses. ■ Separated by railroad right-of-way and Chester Creek. Example: Sprague -Barker (Peninsula) 1/24/2023 Administrative Report - CTA-2022-0003 Comp Plan Amendment request to change SFR to MFR Adjacent to MFR Surrounded on three sides by SFR. Pushes MFR deeper into SFR area. Proposed Solution Develop criteria to consider for privately initiated site -specific Comprehensive Plan map amendments. Effect on surrounding land use and traffic circulation Existence of logical boundaries Avoid creating or expanding peninsulas, islands or protrusions into different land use. Must meet zoning map amendment criteria. Revise site -specific zoning map amendment criteria. Avoid creating or enlarging peninsulas, islands or protrusions into different zoning districts. Consider boundaries and barriers 1/24/2023 Administrative Report - CTA-2022-0003 Comprehensive Plan Map Criteria Existing Regulations Only once per year, except for limited circumstances Classified as a Type IV 1/24/2023 Proposed Regulations Only once per year, except for limited circumstances Classified as a Type IV Effect on surrounding land use and transportation circulation Avoid extending across freeways, highways, railroad Avoid creating or expanding peninsulas, intrusions, islands Must follow rezone criteria Administrative Report - CTA-2022-0003 Zoning Map Criteria Existing Regulations Concurrency Consistent with comp plan Substantial relation to public health Needed for comp plan goals Be adjacent to higher zone Not detrimental to surrounding properties Have communitywide benefit 1/24/2023 Proposed Regulations Capacity Review Consistent with comp plan Substantial relation to public health Needed for comp plan goals Not detrimental to surrounding properties Have communitywide benefit Avoid peninsulas or intrusions Consider logical barriers (ROW, river, railroad corridors) Administrative Report - CTA-2022-0003 Next Steps — CTA-2022-0003 .(‘ .k•*4° sk` \k‘ `Z`e/ .6‘ 1, ciF ib‘ 0) \I> Q V V 1/24/2023 0o ._e • Study Session 10/13/2022 11/10/2022 Public Hearing 12/8/2022 Finding& Recommendation 12/22/2022 Administrative Report - CTA-2022-0003 Administrative Report 1/24/2022 1st Ordinance Reading 2nd Ordinance Reading dministrative Report - CTA-2022-0003 19.30.010 Comprehensive Plan text and map amendments. A. Pursuant to RCW 36.70A.130(2)(a), proposed updates to the Comprehensive Plan shall only be processed once per year except for the adoption of original subarea plans, amendments to the SMP, the amendment of the capital facilities chapter concurrent with the adoption of the City budget, in the event of an emergency, or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. B. Privately initiated Comprehensive Plan land use map amendments shall consider the following criteria: 1. The effect of the proposed amendment on the land use and circulation pattern of the surrounding area. 2. The existence of boundaries such as right-of-way and natural areas shall be observed. In general, proposals shall avoid extending land use designations across freeways, highways, or railroad rights -of - way that present a logical boundary. 3. Proposed amendments shall avoid creating or expanding zoning peninsulas or islands, or otherwise create intrusions into a different land use designation. 4. A site -specific land use map amendment also requires a site -specific zoning map amendment and shall additionally meet the criteria in SVMC 19.30.030.B BC. Comprehensive Plan text and map amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. 19.30.020 Area -wide rezones. A. Area -wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan text and maps to ensure full consideration of the cumulative effects of all changes. B. Area -wide rezones are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. 19.30.030 Site -specific zoning map amendments. A. Site -specific zoning map amendment requests may be submitted at any time. Site -specific zoning map amendments are classified as Type III development applications and shall be processed pursuant to SVMC 17.80.140. B. All site -specific zoning map amendment requests shall meet all of the following criteria: 1. Meet the requirements of Chapter 22.20 SVMC, Concurrency;Shall provide a general review of the capacity of transportation, public water, and public sewer to meet the demands of the proposed new land use- 2. Be consistent with the Comprehensive Plan land use designation; 3. Bear a substantial relation to the public health, safety, and welfare; 4. Be warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; 5. Shall avoid creating or expanding zoning peninsulas or islands, or otherwise create intrusions into a different zoning districtBe adjacent and contiguous (which shall include comer touches and property located across a public right of way) to property of the same or higher zoning classification; 6. Not be materially detrimental to uses or property in the immediate vicinity of the subject property; and 7. Have merit and value for the community as a whole:; and 8. Consider logical boundaries and barriers such as right-of-way, Spokane River, and railroad corridors. FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2022-0003 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: 1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13, 2016, with December 28. 2016, as the effective date. 2. Review of past privately initiated site -specific Comprehensive Plan land use and zoning map amendments identified a need for code text amendments to SVMC 19.30.010 Comprehensive Plan text and map amendments, and SVMC 19.30.030 Site -specific zoning map amendments. 3. Pursuant to SVMC 19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application, and require the Planning Commission to hold a public hearing and provide a recommendation to City Council. 4. CTA-2022-0003 is a city -initiated code text amendment to revise chapter 19.30 SVMC as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map amendments. The amendment adds criteria that shall be considered when reviewing the proposed map amendments. 5. The Planning Commission held a properly noticed public hearing, and conducted deliberations on December 8, 2022. The Commissioners voted 5-0 to recommend that the City Council approve the amendment. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: LU-G I Maintain and enhance the character and quality of life in Spokane Valley. LU-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. LU-P7 Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors H-P6 Preserve and enhance the city"s established single-family neighborhoods by minimizing the impacts of more dense housing typologies such as duplexes and cottage development Conclusion: The proposed text amendment is supported by the Comprehensive Plan and is consistent with the goals and policies. h. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Findings and Recommendations of the Spokane Valley Planning Commission CTA-2022-0003 Page 0 of 2 Findings: The proposed amendment bears a substantial relation to public health, safety, welfare. and protection of the environment for the following reasons: The development of properties creates a need for public services to support the development. Development must have a transportation network capable of safely handling the additional traffic created by development. Safe water supplies, and a functional sewage system capable of serving the new development are necessary to protect public health. The proposed amendment minimizes encroachment of incompatible land uses. The encroachment of incompatible densities, and land use intensities into adjacent areas should be avoided. It is especially important to preserve the integrity of residential neighborhoods. Conclusion: The proposed text amendment bears a substantial relation to public health. safety, welfare, and protection of the environment. 2. Recommendation: The Spokane Valley Planning Commission recommends that the City Council approve CTA-2022-0003. Attachment: Exhibit 1 — Proposed Amendment CTA-2022-0003 Approved this 22"d day of December 2022 Planning Commission Chair ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2022-0003 Page 2 of 2 Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall October 13, 2022 L Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath Walt Haneke, absent Bob McKinley Nancy Miller Sherri Robinson Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Martin Palaniuk, Associate Planner Chad Knodel, IT Manager Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner Haneke from the meeting. IV. AGENDA: Commissioner Beaulac moved to approve the October 13, 2022, 2022 agenda as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Robinson moved to approve the September 8, 2022 minutes as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Robinson stated that she toured the Bhutanese Community Garden in northeast Spokane. Commissioner McKinley stated that he attended Valleyfest and was happy with the turnout for the festival. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that the City Council has remanded CTA-2022-0002 regarding multi -family parking regulations back to the Planning Commission for additional comment and recommendation. This item will be on the Planning Commission agenda after the new year. He also stated that the October 27, 2022 and November 24, 2022 meetings will be cancelled but that there will be two meetings during the month of December (despite the second meeting being held so close to Christmas). There was a discussion by the Planning Commission about changing the day of the Planning Commission meeting from Thursday to Wednesday. Attorney Beattie said that he would research the rules and by-laws to find out if it was possible to make that sort of change. VIII. PUBLIC COMMENT: There was no public comment. 10-13-2022 Planning Commission Minutes Page 2 of 3 IX. COMMISSION BUSINESS: a. Study Session: CTA-2022-0003: Privately Initiated Map Amendments Update Associate Planner Martin Palaniuk gave a staff report. He stated that CTA-2022-0003 is a city -initiated code text amendment to revise Chapter 19.30 of the Spokane Valley Municipal Code (SVMC) as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map amendments. The proposed regulation would identify additional criteria that would be "considered" when reviewing the proposed map amendments. Mr. Palaniuk explained that there is a planning concern regarding the intrusion of more intense land uses into areas of less intense uses. The cause of this concern is because the SVMC does not identify criteria for approving a change to the land use designation map and the criteria for zoning map amendments allows land use changes when adjacent to the same or higher zoning classification. However, the code does not define the word "higher" regarding zoning classifications. The code also includes "corner touches" and allows crossing right-of-way. Mr. Palaniuk explained that the City has a Comprehensive Plan Land Use Designation Map which identifies the different land uses throughout the community. Each of the uses are implemented through the Zoning Map. These maps generally look the same, except for Single -Family Residential (SFR). Comprehensive Plan Map Amendments are only allowed one time per year. The decision authority is the City Council. Changes to the Comprehensive Plan Land Use Map automatically require a zoning map amendment because the two maps must be consistent. Therefore, both map amendments are done concurrently. Mr. Palaniuk stated that Zoning Map Amendments must be consistent with the Comprehensive Plan land use designation. They can be requested at any time (unless a Comprehensive Plan Map amendment is required as well). The decision authority is the Spokane Valley Hearing Examiner. Changes to the zoning map may or may not require a Comprehensive Plan Land Use Map amendment. Any change other than a residential zone requires a change to the Comprehensive Plan land use map. Mr. Palaniuk said that the proposed code text language would develop criteria to "consider" for privately initiated site -specific Comprehensive Plan Map Amendments that includes the following: • The effect on surrounding land use and traffic circulation • The existence of logical boundaries • Avoids creating peninsulas or protrusions into different land use zones • Meets all zoning map amendment criteria. Mr. Palaniuk stated that the proposed code text language would also develop criteria for site -specific zoning map amendments that includes the following: • Avoiding protrusions into different zoning districts • Considers boundaries and barriers • States that properties must be adjacent to and contiguous to a similar zoning district • Defines "similar" as allowing substantially similar uses or density. Mr. Palaniuk explained that the existing regulations for Comprehensive Plan Map Amendments state that changes can only occur once per year, except for limited circumstances. The proposed regulations will keep the current existing regulations and add the following considerations: • The effect on surrounding land uses and transportation circulation 10-13-2022 Planning Commission Minutes Page 3 of 3 • Avoid allowing changes that extend across freeways, highways, railroad, • Avoid changes that create peninsulas or intrusions • Changes would follow rezoning criteria. Mr. Palaniuk stated that the existing regulations for the zoning map criteria state the following: • Concurrency. • Consistent with the comprehensive plan • Substantial relation to public health • Is needed for comprehensive plan goals, • Adjacent to a higher zone • Cannot be detrimental to surrounding properties • Must have community wide benefit. Mr. Palaniuk said that the proposed regulations will keep all the current existing regulations except for "adjacent to a higher zone" and would add the following: • Must avoid creating peninsulas or intrusions • Must consider right-of-way, river, railroad corridors • Must be adjacent to a substantially similar zoning district. Commissioner Beaulac asked if there will be a definition for "detrimental to surrounding properties". Mr. Palaniuk stated that staff will do an initial analysis of detriment which will then go to the Planning Commission for recommendation and to the City Council for the final determination. Mr. Palaniuk stated that another study session for this item will be held on November 10, 2022 and a public hearing will be held on December 8, 2022. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:27 p.m. The vote on the motion was six in favor, zero against and the motion passed. Bob McKinley, Chairman Marianne Lemons, Secretary Date Signed Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall November 10, 2022 I. Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath Walt Haneke Bob McKinley Nancy Miller Sherri Robinson Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Martin Palaniuk, Associate Planner Levi Basinger, Planner Nikki Cole, IT Specialist Marianne Lemons, Administrative Assistant IV. AGENDA: Commissioner Robinson made a motion to amend the agenda of November 10, 2022 to have Study Session B before Study Session A. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. MINUTES: Commissioner Granrath moved to approve the October 13. 2022 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Delucchi reported that the original Veradale post office has been torn down. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported City Hall will close on November 23, 2022 at noon and will be closed for the entire day on December 23' 2022. He also reported that there will be one city -initiated comprehensive plan amendment that will be submitted to City Council for review during 2023. City Attorney Beattie stated that he researched the possibility of moving the Planning Commission meetings from Thursday to Wednesday and determined that it was not advisable to move the meetings. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 11-10-2022 Planning Commission Minutes Page 2 of 4 a. Study Session: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. Planner Basinger presented a staff report. He stated that the piece of public right-of-way (ROW) is located west of and adjacent to University Road and is approximately 170-feet south of the intersection with 16th Avenue. The subject piece of ROW measures approximately 4.5 feet east/west by 5 feet north/south. Mr. Basinger explained that the ROW was dedicated to the City of Spokane Valley by Spokane County pursuant to Spokane County Resolution No. 11-0698 in 2011 for the purpose of placing a school zone flashing beacon in this location. According to the resolution, the county engineer deemed it in the best interest of the public to place the beacon upon be a part of the road ROW. The beacon assembly has since been relocated to north of 16th Avenue and only the foundation for the assembly remains on the site. Other than the foundation for the former assembly, the right-of-way is unimproved. The right-of-way is not being used and is not needed by the City. The subject ROW and foundation for the former flashing beacon are located behind the existing sidewalk and behind the existing storm drains within University Road. The City does not plan to remove the foundation if the right-of-way is vacated. There are also no identified utility lines or easements that pass through the piece of right-of-way in question. Mr. Basinger said that the ROW is adjacent to parcel #45291.0125 on three sides. The parcel is owned by Ann S. Easterly 2018 Living Trust, who is also the owner of the adjacent parcel to the north, at the southwest corner of 16th Avenue and University Road. The property owner has requested the 21-square feet of right-of-way be vacated and aggregated into the adjacent property because it no longer serves a public purpose. Mr. McKinley asked if the removal of the foundation will be the responsibility of the property owner. Mr. Basinger responded that it will be their responsibility if they decide to remove it. The public hearing will be held at the December 10, 2022 Planning Commission meeting. b. Study Session: CTA-2022-0003 — Privately Initiated Map Amendments Update Associate Planner Martin Palaniuk gave a staff report. He stated that CTA-2022-0003 is a city -initiated code text amendment to revise Chapter 19.30 of the Spokane Valley Municipal Code (SVMC) as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map amendments. The proposed regulation would identify additional criteria that would be "considered" when reviewing the proposed map amendments. Mr. Palaniuk explained that there is a planning concern regarding the intrusion of more intense land uses into areas of less intense uses. The cause of this concern is because the SVMC does not identify criteria for approving a change to the land use designation map and the criteria for zoning map amendments allows land use changes when adjacent to the same or higher zoning classification. However, the code does not define the word "higher" regarding zoning classifications. The code also includes "corner touches" and allows crossing right-of-way. Mr. Palaniuk explained that the City has a Comprehensive Plan Land Use Designation Map which identifies the different land uses throughout the community. Each of the uses are implemented through the Zoning Map. These maps generally look the same, except for Single -Family Residential (SFR). Comprehensive Plan Map Amendments are only allowed one time per year. The decision authority is the City Council. Changes to the Comprehensive Plan Land Use Map automatically require a zoning I 1-10-2022 Planning Commission Minutes Page 3 of 4 map amendment because the two maps must be consistent. Therefore, both map amendments are done concurrently. Mr. Palaniuk stated that Zoning Map Amendments must be consistent with the Comprehensive Plan land use designation. They can be requested at any time (unless a Comprehensive Plan Map amendment is required as well). The decision authority is the Spokane Valley Hearing Examiner. Changes to the zoning map may or may not require a Comprehensive Plan Land Use Map amendment. Any change other than a residential zone requires a change to the Comprehensive Plan land use map. Mr. Palaniuk said that the proposed code text language would develop criteria to "consider" for privately initiated site -specific Comprehensive Plan Map Amendments that include the following: • The effect on surrounding land use and traffic circulation • The existence of logical boundaries • Avoids creating peninsulas or protrusions into different land use zones • Meets all zoning map amendment criteria. Mr. Palaniuk stated that the proposed code text language would also develop criteria for site -specific zoning map amendments that include the following: • Avoiding protrusions into different zoning districts • Considers boundaries and barriers • States that properties must be adjacent to and contiguous to a similar zoning district • Defines "similar" as allowing substantially similar uses or density. Mr. Palaniuk explained that the existing regulations for Comprehensive Plan Map Amendments state that changes can only occur once per year, except for limited circumstances. The proposed regulations will keep the current existing regulations and add the following considerations: • The effect on surrounding land uses and transportation circulation • Avoid allowing changes that extend across freeways, highways, & railroads • Avoid changes that create peninsulas or intrusions • Changes would follow rezoning criteria. Mr. Palaniuk stated that the existing regulations for the zoning map criteria state the following: • Concurrency • Consistent with the comprehensive plan • Substantial relation to public health • Is needed for comprehensive plan goals • Adjacent to a higher zone • Cannot be detrimental to surrounding properties • Must have community wide benefit. Mr. Palaniuk said that the proposed regulations will keep all the current existing regulations except for "adjacent to a higher zone" and would add the following: • Must avoid creating peninsulas or intrusions • Must consider right-of-way, river, and railroad corridors • Must be adjacent to a substantially similar zoning district Mr. Palaniuk stated that the public hearing will be held on December 8, 2022. Commissioner Beaulac asked about provisions and cooperation between entities for properties that are adjacent to County properties. Mr. Palaniuk answered that most of the adjacent properties have already 1 1-10-2022 Planning Commission Minutes Page 4 of4 been given zoning designations and are outlined in the Urban Growth Area map. Mr. Bates stated that the City and the County works together on coordination of growth in those areas. Commissioner Haneke expressed concern about the necessity of the proposed changes and if they were really needed. He commented that the changes could limit growth in the Valley and take away the property owners rights to develop their property. He feels that the current regulations have enough restrictions for approval decisions to be made. Commissioner Delucchi commented that she thinks these changes could help preserve historic neighborhoods in the City. A short recess was called at 7:02 p.m. The meeting was called back to order at 7:06. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XL ADJOURNMENT: Commissioner Beaulae moved to adjourn the meeting at 7: 07 p.m. The vote on the motion was seven in favor, zero against and the motion passed. Sherri Robinson, Vice -Chairman Marianne Lemons, Secretary Uszt_. Date Signed Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall December 8, 2022 I. Planning Commission Vice -Chair Robinson called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath Walt Haneke. absent Bob McKinley, absent Nancy Miller Sherri Robinson Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Martin Palaniuk, Associate Planner Levi Basinger, Planner Greg Bingamin, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner McKinley and Commissioner McKinley. IV. AGENDA: Commissioner Delucchi made a motion to approve the agenda of the December 8, 2022 meeting as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed V. MINUTES: Commissioner Beaulac moved to approve the November 10, 2022 minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Commissioner reports. VII. ADMINISTRATIVE REPORT: Planning Manager reminded the Planning Commission that there will be a meeting on December 22, 2022. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Public Hearing: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. 12-08-2022 Planning Commission Minutes Page 2 of 5 The public hearing was opened at 6:05 p.m. Planner Basinger presented a staff report. He stated that the piece of public right-of-way (ROW) is located west of and adjacent to University Road and is approximately 170-feet south of the intersection with 16t" Avenue. The subject piece of ROW measures approximately 4.5 feet east/west by 5 feet north/south. Mr. Basinger reported that notice of the public hearing was posted at the area to be vacated and in three places throughout the City. Written notice of the hearing was mailed to the property owner of the abutting property and notice was published in the Valley Herald on two occasions. Mr. Basinger explained that the ROW was dedicated to the City of Spokane Valley by Spokane County pursuant to Spokane County Resolution No. 11-0698 in 2011 for the purpose of placing a school zone flashing beacon in this location. According to the resolution, the county engineer deemed it in the best interest of the public to place the beacon upon be a part of the road ROW. The beacon assembly has since been relocated to north of 16th Avenue and only the foundation for the assembly remains on the site. Other than the foundation for the former assembly, the right-of-way is unimproved. The right-of-way is not being used and is not needed by the City. The subject ROW and foundation for the former flashing beacon are located behind the existing sidewalk and behind the existing storm drains within University Road. The City does not plan to remove the foundation if the right-of-way is vacated. There are also no identified utility lines or easements that pass through the piece of right-of-way in question. Mr. Basinger stated that staff has reviewed the approval criteria and has the determined the following: • The vacation will better serve the public by reducing the Cities maintenance obligations and allowing full development of the private property. • The ROW is not required for public use or public access. • There is no need to substitute a new or different public ROW • The City does not anticipate that conditions will change in the future requiring use of the ROW. • The City has not received any objections from the public or agencies. There was no public comment offered. The public hearing was closed at 6:12 p.m. Commissioner Miller moved to recommend approval of the proposed street vacation STV-2022-0003 to the City Council subject to all staff conditions. There was no discussion. The vote on the motion was five in, favor, zero against and the motion passed. b. Study Session: CTA-2022-0003 — Privately Initiated Map Amendments Update The public hearing was opened at 6:14 p.m. Associate Planner Martin Palaniuk gave a staff report. He stated that CTA-2022-0003 is a city -initiated code text amendment to revise Chapter 19.30 of the Spokane Valley Municipal Code (SVMC) as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map amendments. The proposed regulation would identify additional criteria that would be "considered" when reviewing the proposed map amendments. Mr. Palaniuk explained that there is a planning concern regarding the intrusion of more intense land uses into areas of less intense uses. The cause of this concern is because the SVMC does not identify 12-08-2022 Planning Commission Minutes Page 3 of criteria for approving a change to the land use designation map and the criteria for zoning map amendments allows land use changes when adjacent to the same or higher zoning classification. However, the code does not define the word "higher- regarding zoning classifications. The code also includes "corner touches" and allows crossing right-of-way. Mr. Palaniuk explained that the City has a Comprehensive Plan Land Use Designation Map which identifies the different land uses throughout the community. Comprehensive Plan Map Amendments are only allowed one time per year. The decision authority is the City Council. Changes to the Comprehensive Plan Land Use Map automatically require a zoning map amendment because the two maps must be consistent. Therefore, both map amendments are done concurrently. Mr. Palaniuk stated that Zoning Map Amendments must be consistent with the Comprehensive Plan land use designation. They can be requested at any time (unless a Comprehensive Plan Map amendment is required as well). The decision authority is the Spokane Valley Hearing Examiner. Changes to the zoning map may or may not require a Comprehensive Plan Land Use Map amendment. Any change other than a residential zone requires a change to the Comprehensive Plan land use map. Mr. Palaniuk said that the proposed code text language would develop criteria to "consider" for privately initiated site -specific Comprehensive Plan Map Amendments that include the following: • The effect on surrounding land use and traffic circulation. • The existence of logical boundaries. • Avoids creating peninsulas or protrusions into different land use zones. • Meets all zoning map amendment criteria. Mr. Palaniuk stated that the proposed code text language would also develop criteria for site -specific zoning map amendments that include the following: • Avoiding creating or enlarging peninsulas. islands, or protrusions into different zoning districts. • Considers logical boundaries and barriers such as the river, the railroad, or the interstate. Mr. Palaniuk explained that the existing regulations for Comprehensive Plan Map Amendments state that changes can only occur once per year, except for limited circumstances. The proposed regulations will keep the current existing regulations and add the following considerations: • The effect on surrounding land uses and transportation circulation. • Avoid allowing changes that extend across freeways, highways, & railroads, • Avoid changes that create peninsulas or intrusions • Changes would follow rezoning criteria. Mr. Palaniuk stated that the existing regulations for the zoning map criteria state the following: • Concurrency • Consistent with the comprehensive plan • Substantial relation to public health • Is needed for comprehensive plan goals • Adjacent to a higher zone • Cannot be detrimental to surrounding properties • Must have community wide benefit. Mr. Palaniuk said that the proposed regulations will keep all the current existing regulations except for "adjacent to a higher zone" and would add the following: • Must avoid creating peninsulas or intrusions 12-08-2022 Planning Commission Minutes Page 4 of 5 • Must consider right-of-way, river, and railroad corridors • Must be adjacent to a substantially similar zoning district Public Comment: Linda Klesch (Spokane Valley) stated that she is in support of the amendment. She said that she would like to see the City maintain traditional historic neighborhoods and keep large developments from coming in and changing those neighborhoods. The public hearing was closed at 6:37 p.m. Commission Miller moved to recommend approval of CTA-2022-0003 to the City Council based on the findings presented in the staff report. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. c. Study Session: CTA-2022-0004 — Stormwater Management Regulations Update Engineering Manager Adam Jackson gave a staff presentation. He stated that the Washington Dept of Ecology defines stormwater as rain and snow melt that runs off rooftops, paved streets, highways, and parking lots. Uncontrolled stormwater runoff can collect pollutants and harm the environment. Ecology issues various federal and state permits to control surface and groundwater pollution. The City`s Stormwater Utility exists to ensure compliance with those applicable permits. Mr. Jackson explained that the Ecology's permitting process requires a Municipal Separate Storm Sewer System (MS4). To maintain compliance with the MS4, the City is required to update code text in the SVMC with specific language set forth by Ecology. Stormwater Engineer Chad Phillips explained that the proposed amendment will apply to three sections of the code. The change needs to include language in the illicit discharge section, the construction site stormwater water run-off controls section, and the post construction stormwater management section. Mr. Phillips explained that the change to the illicit discharge section will include an expanded list of exempted discharges, a list of conditionally exempt discharges, and an amendment for private property prevention of illicit discharge. There will also be an addition of a declaration of violation and an enforcement process and procedure. Mr. Phillips explained that the construction site stormwater run-off controls section and the post. construction stormwater management section will include language regarding inspections on private property. There are conditions within the permit that the City inspect stormwater facilities every five years. Mr. Jackson stated that the public hearing will be held on January 12, 2023. Commissioner Robinson asked if displacement from new development is regulated by the amended codes. Mr. Jackson responded that the Cities development regulation standards and flood plain development permits that address that type of water run-off. Commission Robinson asked if stormwater filters into the sewer system. Mr. Phillips explained that the City uses other types of filtration and systems to keep stormwater from overflowing the sewer system. Commissioner Beaulac asked the process for reporting stormwater run-off violations. Mr. Phillips answered that residents should contact the City and the City will start the process to determine if a violation has occurred. 12-08-2022 Planning Commission Minutes Page 5 of 5 Commissioner Delucchi asked who maintains the dry wells. Mr. Jackson responded that dry wells in the public ROW are the responsibility of the City. Dry wells on private property are the responsibility of the property owner. However. the City does have an inspection program and maintenance/clean-up process. X. GOOD OF THE ORDER: Commissioner Robinson reported that she will not be able to attend the meeting on December 22, 2022. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:13 p.m. The vote on the motion was five in _favor, zero against and the motion passed. Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall December 22, 2022 I. Planning Commission Chair McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath Walt Haneke Bob McKinley Nancy Miller Sherri Robinson, absent Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Martin Palaniuk, Associate Planner Levi Basinger, Planner Nikki Kole, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner Robinson from the meeting. IV. AGENDA: Commissioner Beaulac made a motion to approve the agenda of the December 22, 2022 meeting as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Beaulac moved to approve the December 8, 2022 minutes as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Haneke reported that the recorded meeting posted online for December 8, 2022 was very hard to hear. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that the public hearing for the Stormwater Management Regulations Update will be held at the January 12, 2023 meeting. The public records and open public meetings act training will be held at the second meeting in January. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Findings Of Fact: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. 12-22-2022 Planning Commission Minutes Page 2 of 2 Planner Levi Basinger presented the Findings of Fact for STV-2022-0003 to vacate 21 square feet of public right-of-way adjacent to University Road. He stated that the Planning Commission held a public hearing on the matter on December 8, 2022 where the Commission voted unanimously to recommend approval to the City Council. Commissioner Haneke moved to approve the Findings of Fact for the proposed street vacation STV- 2022-0003 as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. b. Findings of Fact: CTA-2022-0003 — Privately Initiated Map Amendments Update Associate Planner Martin Palaniuk presented the Findings of Fact for CTA-2022-0003 regarding Comprehensive Plan Map and Zoning Map Amendments. He stated that the Planning Commission held a public hearing on the matter on December 8, 2022 where the Commission voted unanimously to recommend approval to the City Council. Commission Miller moved to approve the Findings of Fact for CTA-2022-0003 as presented. There was no discussion. The vote on the motion was five in favor, one opposed with Commissioner Haneke dissenting, and the motion passed. X. GOOD OF THE ORDER: Commissioner Beaulac commented that his term on the Planning Commission ends on December 31st, 2022 (he has applied for re -appointment) but wanted to thank the Planning Commission and the staff for their time and effort while he has served on the Commission. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 6:15 p.m. The vote on the motion was six in favor, zero against and the motion passed. Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary Spokane Valley COMMUNITY AND PUBLIC WORKS PLANNING DIVISION STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-2022-0003 STAFF REPORT DATE: December 1, 2022 HEARING DATE AND LOCATION: December 8, 2022, beginning at 6:00 p.m.; This hearing will be conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. Proposal Description: A City initiated code text amendment to revise chapter 19.30 SVMC as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map amendments. The proposed regulation will identify additional criteria that shall be considered when reviewing the proposed map amendments. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that CTA-2022-0003 is consistent with the minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Martin Palaniuk, Associate Planner REVIEWED BY: Chaz Bates, Planning Manager ATTACHMENTS: Exhibit 1: Proposed Amendment Exhibit 2: SEPA DNS Threshold Determination Exhibit 3: Notice of Public Hearing Exhibit 4: Department of Commerce Notice APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date SEPA — DNS Issued November 18, 2022 Published Notice of Public Hearing: November 18, 2022 Department of Commerce 60-day: November 18, 2022 BACKGROUND: The City of Spokane Valley has two maps that are subject to the review and approval requirements of Chapter 19.30 SVMC Changes and Amendments. The first is the City's Comprehensive Plan Land Use map which designates general land uses that are permissible on properties city-wide. Examples of land uses include industrial uses, commercial uses, mixed uses (commercial/residential, commercial/industrial), multi -family residential uses, and residential uses. The designation of a general land use determines what general category of land uses will be permitted on the property. Staff Report and Recommendation CTA-2022-0003 The Zoning Map is the second map subject to the review and approval criteria of chapter 19.30 SVMC. The Zoning Map establishes specific zoning districts. Zoning districts identify the specific uses that are permitted on a property and the applicable development regulations within a zoning district. Examples of specific uses are schools, single-family dwellings, duplexes, recycling facility, hotel/motel, and medical office. Examples of development regulations include density, minimum lot area, building height, setbacks, and open space requirements. The Land Use map and the Zoning map are linked together and must be consistent with each other. If a property has a comprehensive plan land use map designation, then the zoning map must be consistent for specific land uses to be allowed and development regulations to be applied. In nearly all cases the City's land use designation is mirrored by and implemented by a single zoning district. The industrial land use designation is implemented through a single industrial zone. The multi -family residential land use designation is implemented through a single multi -family residential zone. The only land use designation that is implemented through multiple zones is the single-family residential land use designation. The four single-family residential zones (R-1 thru R-4) allow for the application of different densities and minimum lot areas throughout the single-family land use designation. Any change to the Comprehensive Plan Land Use Designation map is considered an amendment to the Comprehensive Plan. Pursuant to the Growth Management Act, cities may only amend the Comprehensive Plan once a year. By default, any Zoning map amendment request that requires a change to the Land Use map requires a Comprehensive Plan amendment. Pursuant to SVMC 17.80.140 Comprehensive Plan amendments are classified as a Type IV application. The Planning Commission is required to hold a public hearing on the amendment and then make a recommendation to the City Council. City Council will then approve, disapprove, or modify the proposed amendment. Zoning map changes from a lower intensity single-family residential zoning district to a higher intensity zoning district, R-3 to R-4 for example, do not require a land use map change because the change from one single-family zoning district to another single-family zoning district remains consistent with the single- family residential land use designation. Zoning map amendments of this type are classified as a Type III application, which requires a public hearing and decision by the Hearing Examiner. Review of past privately initiated site -specific Comprehensive Plan land use and zoning map amendments identified a need for a code text amendment to SVMC 19.30.010 Comprehensive Plan text and map amendments and SVMC 19.30.030 Site -specific zoning map amendments. Chapter 19.30 SVMC (Changes and Amendments) outlines the process for amending the Comprehensive Plan (text and map), area -wide rezones, and site -specific rezones. A review of chapter 19.30 SVMC found that there were two related issues: (1) there are no criteria for privately initiated site -specific Comprehensive Plan land use amendments and (2) a property can be eligible for a site -specific zoning map amendment if it is adjacent to a property zoned the same or higher zone. Adjacent includes corner touches and across right-of-way. Additionally, there is ambiguity in what classifies as a "higher zone". Conceptually, this can be interpreted either as a more intensive zone (Industrial is higher than Multiple Family), or the allowed uses are similar but more dense (Multiple Family is higher than Single Family). These issues taken together allow for more intense zoning and land use designations extending into less intense zones. CTA-2022-0003 is a city -initiated code text amendment to revise chapter 19.30 SVMC as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site - specific zoning map amendments. The proposed regulation will identify additional criteria that shall be "considered" when reviewing any proposed privately initiated site -specific Comprehensive Plan map amendments. The amendment will also revise the criteria for privately initiated site -specific zoning map amendments. Staff Analysis Page 2 of 5 Staff Report and Recommendation CTA-2022-0003 SVMC 17.80.140 provides approval criteria for Comprehensive Plan amendments and area -wide zoning map amendments. Comprehensive Plan amendments include any modifications to the Comprehensive Plan including a privately initiated site -specific land use designation amendment. The City may only approve Comprehensive Plan amendments and area -wide zoning map amendments if it finds that: the proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; the proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; the proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; the proposed amendment corrects an obvious mapping error; or the proposed amendment addresses an identified deficiency in the Comprehensive Plan. The City shall also consider the following factors prior to approving Comprehensive Plan amendments: the effect upon the physical environment; the effect on open space, streams, rivers, and lakes; the compatibility with and impact on adjacent land uses and surrounding neighborhoods; the adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; the benefit to the neighborhood, city, and region; the quantity and location of land planned for the proposed land use type and density and the demand for such land; the current and projected population density in the area; and the effect upon other aspects of the Comprehensive Plan. These criteria apply to all Comprehensive Plan amendments but are not instructive when considering a change to a site -specific land use designation. Since the land use designation is tightly linked to the zoning district it's beneficial to review the land use designation change and the zone change using similar criteria. The proposed amendment will more closely align the land use designation with the effects of development allowed within the implementing zoning district by requiring any changes to the land use designation to consider those effects. Changing the land use designation changes the resulting development with respect to the intensity of the uses, the density of dwellings, lot coverages, building heights, and setbacks among many factors. The amendment will require the approval authority to consider these effects. A review of the Comprehensive Plan Land Use Designation map and the Zoning map reveals that uses and zones are often separated along natural boundaries and barriers. Industrial zones within the northeast portion of the City are separated from residential and mixed -use zones by the Spokane River with the industrial zones north of the river. Corridor Mixed Use zones along south Dishman-Mica are separated from the low -density residential zones by Chester Creek and the railroad right-of-way. Generally, 4th Avenue separates the multi -family residential zones along the north side of 4th Avenue from the single- family residential zones along the south side of 4th Avenue. The R-4 zoning district is separated from the R-3 zoning district by 8th Avenue when south of Sprague Avenue and Broadway Avenue when north of Sprague. These natural barriers and boundaries provide a logical demarcation between uses and different zoning intensities and should be observed when practical. The proposed amendment will require that these natural lines of demarcation be considered when reviewing a Land Use map amendment or Zoning map amendment. Chapter 22.20 SVMC provides for Concurrency review. Concurrency requires that adequate facilities, specifically, transportation, public water, and public sewer, are available when development occurs. These services must be concurrent with development but other facilities and services such as parks and recreation, libraries, solid waste disposal, fire protection, police protection, and schools should also be considered. When considering a Land Use map or Zoning Map amendment it is often unknown what specific development will occur. Because the specific development is unknown, the need for transportation, public sewer, and public water are unknown. This makes the review of a map amendment for the concurrency requirements of Chapter 22.20 SVMC impractical. The proposed amendment will instead require a general review of the capacity of transportation, public water, and sewer to meet the demands of the proposed new land use. Page 3 of 5 Staff Report and Recommendation CTA-2022-0003 To be considered for a zoning map amendment a property must "be adjacent (which shall include corner touches and property located across public right-of-way) to property of the same or higher zoning classification." The criteria are problematic for evaluating a zoning map amendment. Interstate 90 is considered public right-of-way. Technically the Industrial zoned property on the north side of Interstate 90 is adjacent to the property on the south side of the interstate. A property could be surrounded on all four sides by a common zone but if a corner of a property touches a property that has a higher zone, then the property is eligible for a rezone. This can create peninsulas of a higher zone surrounded by lower zones. The term "higher zoning" is problematic in that it is undefined. Is the Industrial (I) zone higher than the Regional Commercial (RC) zone? The I zone is likely to generate heavy truck or rail traffic and loading and storage areas. The RC zone is likely to create personal vehicle traffic and large commercial buildings and parking areas. Is the Multi -family Residential (MFR) zone higher than the Regional Commercial Zone? The MFR zone is likely to generate a much greater residential density with the need for transportation and individual services. If an applicant requests a rezone from MFR to RC, does it meet the "higher zoning" requirement? The proposed amendment will replace the criteria with more straightforward criteria intended to prevent the expansion of a zoning district into different zoning districts. The criteria will avoid creating or expanding zoning peninsulas or islands, or otherwise create intrusions into a different zoning district. Several amendments have come forward in the past that crossed logical boundaries and created intrusions into less intense zoning areas. The property owner went to considerable expense and time to put the amendment forth. Ultimately the City Council did not approve the amendments because of neighborhood opposition, or in the case of higher residential rezones the Hearing Examiner approved an amendment despite neighborhood opposition. The proposed amendment will lessen the likelihood that a neighborhood must activate to oppose the intrusion of an incompatible zone. The amendment will save property owners the expense and time of putting forth an amendment that is incompatible with the adjacent land uses. COMPLIANCE WITH TITLE 17 SVMC GENERAL PROVISIONS SVMC 17.80.150(F) identifies the approval criteria for an amendment to Titles 17-27 SVMC. The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: LU-GI Maintain and enhance the character and quality of life in Spokane Valley. LU-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. LU-P7 Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors H-P6 Preserve and enhance the city's established single-family neighborhoods by minimizing the impacts of more dense housing typologies such as duplexes and cottage development Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. The encroachment of incompatible densities and land use intensities into adjacent areas should be avoided. It is especially important to preserve the integrity of residential neighborhoods. Page 4 of 5 Staff Report and Recommendation CTA-2022-0003 Conclusion(s): The proposed code text amendment to revise chapter 19.30 SVMC as it relates to privately initiated site - specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map amendments, is consistent with the requirements of Title 17 SVMC and specifically the approval criteria contained in the SVMC 17.80.150(F). COMPLIANCE WITH TITLE 21 SVMC — ENVIRONMENTAL CONTROLS Pursuant to SVMC Title 21 (Environmental Controls), the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The Planning Division issued a Determination of Non -Significance (DNS) for the proposal pursuant to WAC 197-11-340(2) on November 18, 2022. This decision was made after review of a completed environmental checklist, the application, SVMC Titles 19, 21 and 22. The DNS was not appealed. Conclusion(s): The procedural requirements of the State Environmental Policy Act (SEPA) have been fulfilled by submittal of the required SEPA Checklist and the issuance of the City's threshold determination consisting of a Determination of Non -Significance (DNS). The appeal period for the determination ended December 2, 2022. All other relevant requirements of Title 21 SVMC have been meet. PUBLIC COMMENTS Findings: Following the issuance of the Notice of Public Hearing on November 18, 2022, no comments were received. Conclusion(s): Adequate public noticing was conducted for CTA-2022-0003 in accordance with adopted public noticing procedures. The public noticing requirements pursuant to SVMC 17.80.120 have been met for the code text amendment. AGENCY COMMENTS Following the issuance of the Determination of Non -significance (DNS) SEPA threshold determination and Notice of Public Hearing on November 18, 2022, no substantive comments were received. Conclusion(s): No concerns are noted. OVERALL CONCLUSION AND FINDING: CTA-2022-0003 is consistent with the minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. Page 5 of 5 To: From: Re: DRAFT ADVANCE AGENDA as of January 19, 2023; 8:30 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Jan 31, 2023, Study Session, 6:00 p.m. ACTION ITEMS: 1. Second Reading Ordinance 23-003 Closed City Property - Cary Driskell 2. First Reading Ordinance 23-004 Stormwater Utility Code Text Amendments - Gloria Mantz, Adam 3. Resolution 23-002, Closed City Property - Cary Driskell 4. Motion Consideration: 2023 RAISE Application, Sullivan/Trent Interchange - Adam Jackson 5. Motion Consideration: Mission Avenue Bridge Deck Repair Award - Erica Amsden 6. Motion Consideration: Lodging Tax Advisory Committee, Avista Stadium Award - Chelsie Taylor NON -ACTION ITEMS: 7. Tourism Update (ice rink) - Mike Basinger 8. Signal Box Updates - Lesli Brassfield 9. Barker Grade Separation Project Update - Gloria Mantz, Rob Lochmiller 10. American Rescue Plan Act (ARPA) Update - Erik Lamb, Chelsie Taylor 11. Lodging Tax Advisory Committee (LTAC) Alternates - Erik Lamb 12. Advance Agenda - Mayor Haley February 7, 2023, Study Session, 6:00 p.m. ACTION ITEMS: 1. Second Reading Ordinance 23-004 Stormwater Utility Code 2. First Reading Ordinance 23-Code Text Amendment 19.30 NON -ACTION ITEMS: 3. 2023 Capital Improvement Projects Update - Erica Amsden, 4. Homeless Plan Update - Eric Robison 5. City's 20th Anniversary Update - Emily Estes -Cross 6. 2022 Accomplishments Report - John Hohman 7. Advance Agenda - Mayor Haley AWC City Action Days, Olympia, Feb 15-16 [due Tue Jan 24] (5 minutes) Jackson (10 min) (5 minutes) 10 minutes) (10 minutes) (5 minutes) (15 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 100 mins] [due Tue Jan 31] Text Amendment -Gloria Mantz, Adam Jackson (10 mins) - Marty Palaniuk (10 minutes) Rob Lochmiller (15 minutes) (15 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: 80 mins] February 14, 2023, Formal Meeting - Meeting Cancelled (Councilmembers attend AWC City Action Days in Olympia) February 21, 2023 Study Session, 6:00 p.m. ACTION ITEMS: 1. Second Reading Ordinance 23-Code Text Amendment 19.30 - Marty Palaniuk NON -ACTION ITEMS: 2. Centennial trail Update - John Bottelli 3. Advance Agenda - Mayor Haley February 28, 2023 Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report - Chief Soto 3. Admin Report: Advance Agenda - Mayor Haley 4. Info Only: Department Monthly Reports March 7, 2023, Study Session, 6:00 p.m. 1. Outside Agency Grant Process - Chelsie Taylor 2. Advance Agenda - Mayor Haley March 14, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda - Mayor Haley [due Tue Feb 14] (10 minutes) (10 minutes) (5 minutes) [due Tue Feb 21] (5 minutes) (10 minutes) (5 minutes) [due Tue Feb 28] (15 minutes) (5 minutes) [due Tue March 7] (5 minutes) (5 minutes) Draft Advance Agenda 1/19/2023 1:43:01 PM Page 1 of 2 March 21, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley March 28, 2023 Formal Meeting, 6:00 p.m. (meeting will possibly be cancelled) 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports April 4, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley April 11, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley April 18, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley April 25, 2023 Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports May 2, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley May 9, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley May 16, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley May 23, 2023 Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports May 30, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley June 6, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley June 13, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Airport Expansion Update Appleway Trail Amenities AWC Conf Spokane June 20-23 Basement space CDBG Interlocal Chronic Nuisance Continuum of Care Core Beliefs Resolution Govemance Manual Mirabeau Park Forestry Mgmt. Park Lighting Pavement Mgmt. Funding PFD Presentation Prosecutor Services SCRAPS Update St. O&M Pavement Preservation [due Tue March 14] (5 minutes) [due Tue March 21] (5 minutes) (10 minutes) (5 minutes) [due Tue March 28] (5 minutes) [due Tue April 4] (5 minutes) (5 minutes) [due Tue April 11] (5 minutes) [due Tue April 18] (5 minutes) (10 minutes) (5 minutes) [due Tue April 25] (5 minutes) [due Tue May 2] (5 minutes) (5 minutes) [due Tue May 9] (5 minutes) [due Tue May 16] (5 minutes) (10 minutes) (5 minutes) [due Tue May 23] (5 minutes) [due Tue May 30] (5 minutes) [due Tue June 6] (5 minutes) (5 minutes) Street Scaping, signs, trees, etc.- info item TBD Formation Vehicle Wgt Infrastructure Impact Yellowstone Franchise Agreement Water Districts & Green Space Draft Advance Agenda 1/19/2023 1:43:01 PM Page 2 of 2 City of Spokane Valley Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Page Title 1 Cover Sheet 2 Pre -Application Meeting Requested 3 Construction Applications Received 4 Engineering Applications Received 5 Land Use Applications Received 6 Construction Permits Issued 7 Engineering Permits Issued 8 Land Use Applications Completed 9 Inspections Performed 10 Code Enforcement 11 Revenue 12 Building Permit Valuations Created On: 1/6/2023 Page 1 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Pre -Application Meeting Requested A Pre -Application Meeting is a service provided to help our customers identify the code requirements related to their project proposal Community & Public Works Department scheduled a total of 12 Pre -Application Meetings in DECEMBER 2022 25 20 15 10 5 0 Spokane Valley Pre -Application Meeting Requests 111111111111111111111111111111 IIII.IiIIIII 11111111111111111111111111111 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Commercial Pre-App Land Use Pre-App ■ ** NOT SUBMITTED Commercial Pre-App Land Use Pre-App ** NOT SUBMITTED Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 4 7 18 7 3 5 6 11 11 7 8 6 6 9 5 3 16 11 4 5 8 5 6 6 2 Monthly Totals 0 0 0 0 1 2 0 1 2 1 2 10 16 23 10 19 16 10 16 19 12 14 12 Annual -To -Date: 177 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 1/6/2023 Page 2 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Construction Applications Received The applications recevied are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department recevied a total of 208 Construction Applications in DECEMBER 2022 Spokane Valley Construction Applications Received • ■ • imam u ■ ■ ■ ■ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Commercial New Commercial MFR Commercial TI ■ Commercial Trade Commercial Accessory ■Residential SFR/Plex • Residential Remodel • Residential Addition • Residential Trade • Residential Accessory Demolition Sign ■ Re -Roof Factory Assembled ■ Other Construction *Other Construction applications include, Adult family Home Inspections, Cell tower modifications, solar panels, swimming pool/hot tub Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial New 2 3 2 5 3 3 3 2 3 3 3 6 Commercial MFR 2 5 2 11 2 4 1 1 0 0 3 3 Commercial TI 13 12 24 16 15 19 8 15 11 10 13 5 Commercial Trade 47 23 28 34 25 127 43 29 37 37 38 27 Commercial Accessory 7 1 3 7 12 2 2 0 2 3 1 0 Residential SFR/Plex 22 15 7 28 23 14 11 35 27 10 14 18 Residential Remodel 18 12 23 16 19 17 25 6 19 13 9 7 Residential Addition 6 7 8 8 4 7 4 3 3 2 5 0 Residential Trade 150 163 181 218 172 189 184 223 133 140 177 114 Residential Accessory 9 5 15 9 12 14 10 12 9 10 5 3 Demolition 3 3 8 3 7 8 11 10 10 7 4 3 Sign 10 10 4 9 14 9 9 10 7 12 5 8 Re -Roof 31 46 89 78 86 108 98 93 84 39 18 9 Factory Assembled 2 0 3 1 2 0 0 2 0 1 0 0 AFH Inspection 0 5 3 3 5 3 5 1 3 2 2 2 Other Construction 8 11 6 15 12 18 24 35 17 18 15 3 ** NOT SUBMITTED 29 47 42 53 52 55 43 0 50 45 41 22 Monthly Totals 330 321 406 461 413 542 438 477 365 307 312 208 Annual -To -Date: 4580 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 1/6/2023 Page 3 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Engineering Applications Received The applications received are those that include projects for all site work projects, such as Grading permits, Right -of -Way (ROW), approaches, and more. Community & Public Works Department received a total of 67 Engineering Applications in DECEMBER 2022 Engineering Applications Received 180 160 140 120 100 80 60 40 20 0 1 1 Jan Feb Mar Apr May Jun ENE Jul Aug Sep Oct Nov Dec • Engineered Grading Regular Grading Right -of -Way 11 Approach • Clearing Et Grubbing • **NOT SUBMITTED Jan 8 Feb 5 Mar 9 Apr 8 May 12 Jun 9 Jul 8 Aug 7 Sep 5 Oct 5 Nov 3 Dec 5 Engineered Grading Regular Grading 1 2 2 0 1 1 0 3 1 1 Right -of -Way 63 90 92 95 117 103 129 83 89 66 58 58 Approach 9 14 6 10 10 10 13 11 7 12 2 3 Clearing & Grubbing 1 0 0 0 1 1 0 0 0 0 0 0 **NOT SUBMITTED 0 81 2 109 2 108 3 115 1 142 12 123 13 151 0 102 0 101 3 86 4 64 2 67 Monthly Totals Annual -To -Date: 1249 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 1/6/2023 Page 4 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Land Use Applications Received The applications received are those that include projects that involve land development, such as Platting actions, Boundary Lines Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department received a total of 50 Land Use Applications in DECEMBER 2022 150 100 50 0 Spokane Valley Land Use Applications Received MIN MEI ■ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec • Boundary Line Adj Short Plat • Long Plat • Binding Site Plan • Final Platting ■ Zoning/Comp Amend •Accessory Dwelling SEPA Admin Exception •Admin Interpretation Home Business Lic • Other Development ** NOT SUBMITTED ** Other Development could include, Zoning Letter, Floodplain, Shoreline, Alterations, Variances, Small Cell, CUP, Street Vacations, etc... Jan 6 Feb 2 Mar 4 Apr 4 May 5 Jun 5 Jul 6 Aug 4 Sep 2 Oct 1 Nov 3 Dec 4 Boundary Line Adj Short Plat 3 1 3 5 4 0 5 4 3 4 3 3 Long Plat 1 1 1 1 1 1 0 0 0 1 1 0 Binding Site Plan 1 0 1 0 0 0 0 0 1 1 0 0 Final Platting 4 4 6 3 12 4 2 9 3 3 6 1 Zoning/Comp Amend 0 1 0 0 0 0 0 0 0 0 1 0 Accessory Dwelling 1 1 2 1 1 0 0 1 0 0 0 1 SEPA 1 0 2 0 2 2 2 0 0 0 1 1 Admin Exception 2 0 3 0 2 0 1 2 0 1 1 1 Admin Interpretation 0 0 1 0 0 0 0 1 0 0 0 0 Home Business Lic 52 62 56 43 52 31 28 45 42 38 30 26 Other Development 2 2 8 6 18 5 3 10 9 43 5 10 ** NOT SUBMITTED 4 73 9 74 6 87 12 63 9 97 4 48 4 47 0 76 0 60 6 92 10 51 3 50 Monthly Totals Annual -To -Date: 818 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for reviev Created On: 1/6/2023 Page 5 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Construction Permits Issued The applications issued are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department Issued a total of 185 Construction Permits in DECEMBER 2022 Spokane Valley Construction Permits Issued 800 600 400 I I ■_200 ■ M• ■ ■ ■ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec • Commercial New • Commercial Trade • Residential Remodel • Residential Accessory • Re -Roof Commercial MFR Commercial TI Commercial Accessory • Residential SFR/Plex Residential Addition • Residential Trade Demolition Sign Factory Assembled •Other Construction* *Other Construction applications include, Adult family Home Inspections, Cell tower modifications, swimming pool/hot tub Jan 1 Feb 1 Mar 3 Apr 4 May 2 Jun 1 Jul 2 Aug 7 Sep 4 Oct 1 Nov 2 Dec 0 Commercial New Commercial MFR 0 1 10 2 1 1 4 6 2 1 0 0 Commercial TI 18 11 15 14 16 10 19 20 7 8 11 8 Commercial Trade 46 24 29 33 25 124 43 28 36 38 38 27 Commercial Accessory 9 13 14 4 8 17 2 11 1 3 1 1 Residential SFR/Plex 21 28 13 15 12 67 21 14 27 21 18 10 Residential Remodel 11 17 14 11 16 13 24 15 18 11 11 8 Residential Addition 3 9 5 8 9 6 7 2 4 3 3 1 Residential Trade 153 163 156 184 176 179 214 190 166 148 159 103 Residential Accessory 5 3 14 9 13 14 13 10 11 11 3 1 Demolition 3 4 7 4 3 11 10 10 11 7 5 3 Sign 7 9 6 7 13 8 11 7 5 9 15 5 Re -Roof 32 44 91 76 86 104 101 93 86 40 18 9 Factory Assembled 1 0 3 1 0 3 0 2 1 0 0 Other Construction* 6 316 11 338 10 390 19 391 12 392 21 579 21 492 25 438 30 410 18 320 18 302 11 187 Monthly Totals Annual -To -Date: 4555 Created On: 1/6/2023 Page 6 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Engineering Permits Issued The applications issued are those that include projects for all site work projects, such as Grading permits, Right -of -Way (ROW), approaches, and more. Community & Public Works Department issued a total of 54 Engineering permits in DECEMBER 2022 180 160 140 120 100 80 60 40 20 0 Jan Feb Mar ■ Engineered Grading Engineering Permits Issued i Apr May Regular Grading Jun Jul Aug Sep Oct Nov Dec Right -of -Way 1 i Approach ■Clearing Et Grubbing Engineered Grading Regular Grading Right -of -Way Approach Clearing & Grubbing Monthly Totals Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 4 5 13 12 9 7 6 4 6 3 4 0 0 1 1 1 0 0 3 2 0 3 0 2 68 78 91 104 116 97 134 83 92 64 61 50 0 8 11 10 11 7 12 16 0 9 3 2 1 0 0 0 1 1 0 0 0 0 0 0 73 92 116 127 137 112 155 105 98 79 68 54 Annual -To -Date: 1216 Created On: 1 /6/2023 Page 7 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Land Use Applications Completed The applications completed are those that include projects that involve land development, such as Platting actions, Boundary Line Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department completed a total of 42 Land Use Applications in DECEMBER 2022 120 100 80 60 40 20 0 Spokane Valley Land Use Applications Completed Jan Feb • Boundary Line Adj ■ Final Platting Admin Exception I I I I PR I Mar Apr May Jun Jul Aug Sep Oct Nov Dec Short Plat • Long Plat • Binding Site Plan ■ Zoning/Comp Amend ®Accessory Dwelling SEPA • Admin Interpretation Home Business Lic •Other Development ** Other Development could include, Zoning Letter, Floodplain, Shoreline, Alterations, Variances, Small Cell, CUP, Street Vacations, etc... Jan 4 Feb 6 Mar 9 Apr 5 May 3 Jun 2 Jul 2 Aug 2 Sep 3 Oct 1 Nov 0 Dec 2 Boundary Line Adj Short Plat 4 2 7 3 3 3 8 3 1 1 5 1 Long Plat 0 0 0 0 0 0 0 2 1 2 0 0 Binding Site Plan 1 0 1 0 0 0 0 0 1 0 1 0 Final Platting 2 2 5 3 0 5 1 3 3 1 4 7 Zoning/Comp Amend 0 0 0 0 0 0 0 0 0 0 0 0 Accessory Dwelling 1 0 2 1 1 0 1 0 1 0 0 1 SEPA 1 1 0 1 0 1 2 0 1 0 0 1 Admin Exception 2 1 2 2 1 1 0 0 0 0 1 0 Admin Interpretation 0 0 1 0 0 0 0 0 0 0 1 0 Home Business Lic 47 58 62 32 62 36 25 40 34 34 39 25 Other Development 4 66 1 71 7 96 6 53 8 78 5 53 1 40 6 56 1 46 38 77 7 58 5 42 Monthly Totals Annual -To -Date: 736 Created On: 1/6/2023 Page 8 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Development Inspections Performed Community & Public Works Department performed a total of 964 Development Inspections in DECEMBER 2022. Development Inspections include building, planning, engineering and ROW 2500 2000 1500 1000 500 0 Spokane Valley Development Inspections Performed Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t 2020 2021 2022 2022 2021 2020 Jan Feb Mar Apr 1079 1253 927 991 1011 1079 1215 1844 1625 1260 1830 May Jun 1679 1913 Jul Aug 1574 1950 Sep Oct Nov Dec Annual Totals 1746 1698 1259 964 1758 1661 1533 1617 1550 1253 1345 1473 1372 857 1253 1844 1830 1503 1745 1679 1913 1846 1622 1574 1950 1489 1461 1746 1698 1173 1104 1259 964 18,789 17,105 16,286 18,789 Annual -To -Date: 18,789 Created On: 1/6/2023 Page 9 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Code Enforcement Code Enforcement Officers responded to 48 citizen requests in the month of DECEMBER 2022. They are listed by type below. Please remember that all complaints, even those that have no violation, must be investigated 90 80 70 60 50 40 30 20 10 0 Code Enforcement Complaints Investigated 1 DDI 11111111111111111111111111111 111 1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ CE-Stop Work Order Complaint (Non -Violent) Environmental 11 General ■ Nuisance ■ Property Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CE-Stop Work Order 0 0 0 0 0 0 0 0 0 0 1 0 Complaint (Non-violent) 0 0 0 0 0 0 0 0 0 0 0 0 Environmental 1 0 1 1 0 0 0 0 0 0 0 0 General 3 0 0 1 1 0 6 2 0 0 0 4 Nuisance 34 29 57 26 46 47 50 58 72 50 35 42 Property 6 7 15 11 11 25 21 15 11 7 9 2 Monthly Totals 44 36 73 39 58 72 77 75 83 57 45 48 Annual -To -Date: 707 Created On: 1/6/2023 Page 10 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Revenue Community & Public Works Department Revenue, which are fees taken in on all applications, totaled $168,612 in DECEMBER 2022. $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Spokane Valley Revenue Received Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t 2022 2021 5-Yr Trend Jan $173,509 Feb $139,945 Mar $171,413 Apr $210,513 May $217,237 Jun Jul Aug Sep Oct Nov Dec $168,612 Totals 2022 $277,917 $510,629 $433,002 $294,301 $285,383 $279,727 $3,162,187 5-Yr Trend $366,357 $218,434 $271,256 $264,059 $285,589 $266,794 $282,184 $284,416 $244,563 $282,804 $255,050 $246,424 $3,267,931 2021 $1,087,310 $196,293 $364,569 $459,905 $239,948 $367,253 $433,461 $430,383 $323,636 $396,162 $292,643 $329,244 $4,920,807 2020 $230,256 $402,862 $371,956 $237,120 $402,525 $309,668 $226,943 $188,990 $268,487 $254,775 $246,368 $223,685 $3,363,635 2019 $162,441 $228,717 $265,529 $195,244 $241,906 $233,496 $355,943 $304,988 $228,157 $294,794 $299,906 $349,821 $3,160,942 2018 $177,431 $117,425 $220,845 $206,090 $234,009 $158,168 $260,179 $362,478 $253,342 $270,649 $204,016 $169,751 $2,634,383 2017 $174,349 $146,874 $133,382 $221,935 $309,558 $265,383 $134,394 $135,242 $149,194 $197,639 $232,319 $159,618 $2,259,887 Created On: 1/6/2023 Page 11 of 12 Community & Public Works Department Monthly Report 12/1/2022 - 12/31/2022 Building Permit Valuation Community & Public Works Department building permit valuation, which include, residential, commercial, reroof, FAS placed, totaled $55,806,317 in DECEMBER 2022. $200,000,000 $180,000,000 $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Spokane Valley Permit Valuation Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals --0--5-YrTrend 2021 --O--2022 Jan $20,182,361 Feb $31,376,013 Mar $14,935,549 Apr $32,649,784 May Jun Jul Aug Sep Oct Nov Dec Totals" 2022 $24,027,391 $48,521,183 $57,628,766 $44,067,876 $22,352,208 $18,694,797 $28,311,097 $55,806,317 398.55M 5-YrTrend $14,662,000 $49,352,000 $71,170,000 $22,362,000 $28,434,000 $26,908,000 $33,764,000 $17,058,000 $16,542,000 $21,406,000 $34,474,000 $18,254,000 $263.30M 2021 $8,860,000 $179,080,000 $16,720,000 $32,820,000 $22,430,000 $27,700,000 $65,190,000 $24,390,000 $18,160,000 $42,670,000 $17,710,000 $13,480,000 $469.21M 2020 $22,130,000 $20,750,000 $36,690,000 $27,670,000 $51,380,000 $29,930,000 $17,950,000 $7,610,000 $20,620,000 $15,270,000 $26,890,000 $21,380,000 $298.27M 2019 $5,660,000.00 $22,210,000.00 $19,460,000.00 $12,460,000.00 $23,150,000.00 $15,020,000.00 $46,650,000.00 $18,800,000.00 $14,360,000.00 $17,160,000.00 $35,210,000.00 $32,930,000.00 $263.07M 2018 $12,840,000.00 $6,350,000.00 $276,000,000.00 $7,870,000.00 $9,550,000.00 $26,260,000.00 $29,250,000.00 $25,440,000.00 $20,690,000.00 $21,880,000.00 $25,460,000.00 $6,700,000.00 $219.89M 2017 $23,820,000.00 $18,370,000.00 $6,980,000.00 $30,990,000.00 $35,660,000.00 $35,630,000.00 $9,780,000.00 $9,050,000.00 $8,880,000.00 $10,050,000.00 $67,100,000.00 $16,780,000.00 $2573.09M Created On: 1/6/2023 Page 12 of 12 Community & Public Works Department Monthly Report 12/01/22 — 12/31/22 MAINTENANCE Agreements for Services Adopted and In Operation (** Does not include Dec) Contract Name Contractor Contract Amount Total % of Contract Expended Expended Street Maintenance Street Sweeping Storm Drain Cleaning Landscaping Weed Spraying Emergency Traffic Control Litter and Weed Control State Highway Maintenance Traffic Signals, Signs, Striping Dead Animal Control Poe Asphalt AAA Sweeping AAA Sweeping Senske Clearwater Senske Geiger Work Crew WSDOT Spokane County Mike Pederson $1,951,707.70 $584,875.20 $211,586.44 $94,136.00 $39,000.00 $15,000.00 $70,000.00 $209,000.00 $700,000.00 $20,000.00 $1,875,743.23 $538,153.69 $207,861.13 $89,076.08 $40,170.00 $7,553.28 $31,555.13 $262,780.70 $618,569.67 $15,225.00 96.11% 92.01% 98.24% 94.62% 103.00% 50.36% 45.08% 125.73% 88.37% 76.13% .®®.....®. Snow Season - October 2022- April 2023 On Call - Graders On Call - Plow Drivers On Call - Sidewalk Operator Multiple Multiple Valley Landscape $750,000.00 $660,000.00 $40,000.00 $192,675.50 $199,274.89 $15,062.18 25.69% 30.19% 37.66% Citizen Requests for Public Works - December 2022 Request Submitted In Progress Resolved / Waiting Construction - CPW Dead Animal Removal General Street Maint Hazard on Street Illegal Dumping - Objects Report a Pothole Vegetation / Weeds SOLID WASTE 4111111111111IIIIIIII STORMWATER Traffic Signs: Missing/ Damaged SNOW Berms Comments Deicing Missed Street Plowing Plowing Damage 1 4 4 1 1 13 1 3 22 11 14 79 34 52 16 81 17 0 0 1 0 0 0 1 0 5 1 0 0 0 0 0 0 10 1 4 3 1 1 13 0 3 17 10 14 79 34 52 16 81 7 Totals 354 18 336 1 STREET MAINTENANCE ACTIVITY The following is a summary of Contractor maintenance activities in the City of Spokane Valley for December 2022: • Snow and ice operations. • Pothole patching, tree trimming, graffiti removal. • Revival General Contracting, Valley Landscape — Sidewalk snow removal on Safe Route to School routes. • Geiger work crew — litter pickup and sidewalk snow removal. WASTEWATER Status of the process can be monitored at: http://www.spokaneriver.net/, http://www.ecv.wa.gov/geographic/spokane/spokane river basin.htm, http://www.spokanecountv.org/utilities/WaterReclamation/content.aspx?c=2224 and http://www.spokaneriverpartners.com/ STORMWATER UTILITY The following is a summary of City Stormwater Utility activities for December 2022: • Drywell Retrofit with Pavement Preservation (Dept. of Ecology grant) — Remaining funds project to be used in association with the Sullivan -Sprague to 8th preservation project. Proceeding with 90% design for future submittal to Ecology for approval. • Spokane Valley Regional Decant Facility Canopy project (Dept. of Ecology grant): Substantial completion was granted on May 19th. Physical completion was granted on June 3rd. Project closeout coordination with Department of Ecology continues. • Appleway Stormwater Improvement project (Dept. of Ecology grant): Physical completion was granted on June 17th. Project closeout coordination with Department of Ecology continues. • Sprague Ave. University to Park Stormwater Improvement Project — Approval was not granted by City Council at this time to continue project. Project closeout coordination with Department of Ecology continues. • Stormwater Utility has embarked on a comprehensive program study and rate study. Osborn Consulting is the lead consultant. EvergreenH2O is sub -consultant leading the regulatory gap -analysis. FCS Group is sub - consultant leading the rate study element. Project coordination with consultants regarding program elements continues. • Continue process to identify the merits for jurisdictional coverage under the UIC program. Primary focus is on the City-wide hydraulic analysis. Initial subbasin modeling results have been identified. Remaining subbasin modeling continues. • Effectiveness study (Bioretention soil media study) — The Department of Ecology has selected this project/study for funding. This project/study meets a requirement of the Phase II Municipal Stormwater Permit and is a collaborative effort between the City of Spokane Valley, City of Spokane, Spokane County, and EvergreenstormH2O Consultant. City of Spokane is the lead entity. Continued coordination of this effort continues and includes preparation to submit to a Detailed Design Proposal by 9/30/2022, distribution of a draft Memorandum of Understanding between jurisdictions to share cost, and development of RFP to secure consultant services. • Continue updating the Stormwater Utility 0 & M plan for both UIC and MS4 areas. • Participation and support Glenrose, Central Park Flood Insurance Study. • Continued annual management and/or participation of the following service contracts: o Roadway Landscape Maintenance Contract — Senske. o Street Sweeping Contract — AAA Sweeping. o Storm Drain Cleaning Contract — AAA Sweeping. o Roadway Weed Control Contract — Clearwater Summit. • Continue working on the following tasks: o Responded to stormwater related issues, 9 sites. Recorded in QAlert. 2 DEVELOPMENT ENGINEERING The following is a summary of Development Engineering activities for December 2022: • Assisted Building and Planning Division with preparation of design requirements for (6) Commercial and (6) Land Use Pre -Application meetings. • Prepared multiple Recommended Conditions of Approvals for preliminary plats and Dedication Languages for final plats. Reviewed multiple final plats and submittal packages to record final plats. • Reviewed civil plans and drainage reports for Engineered Grading Permits associated with commercial and land use projects. Coordinated with private Engineers and Developers. • Spoke with and emailed citizens and developers to answer inquiries and discuss design requirements for potential commercial and land use projects. • Conducted preconstruction meetings, performed site visits, prepared punch lists, reviewed surety estimates, and reviewed and approved construction certification packages to finalize final plats and to issue commercial building certificates of occupancy. • Reviewed civil plans for the following projects: o Mirabeau Place Apartments (EGR-2021-0030) o Barton Short Plat — 4 lots (EGR-2021-0102) o Spokane Valley Performing Arts (EG R-2022-0084) o Summit School Parking Lot (EGR-2022-0085) o 4th Ave Townhomes (EGR-2022-086) o Marietta Retail (EG R-2022-0087) o Mishin Short Plat — 5 lots (EG R-2022-0088) o Matthews Subdivision —11 lots (EG R-2022-0089) o Abdulkareem Short Plat —4lots (EG R-2022-0090) o Alki Apartments (EGR-2022-0091) 3 CAPITAL PROJECTS Slit -Wane .000 Valley Public Works Projects Monthly Summary - Design & Construction December-2022 Proposed Bid % Estimated Total Project # Design & Construction Projects Funding Open Complete Construction Project Ad Date Date PE I CN Completion Cost Street Projects 0143 Barker Rd/BNSF Grade Separation 0205 Sprague/Barker Intersection Improvement 0249 Sullivan &Wellesley Intersection Improv 0275 Barker Rd Widening- River to Euclid 0299 Argonne Rd Concrete Pvmt Indiana to Mont 0300 Pines & Mission Intersection Improvement 0313 Barker Road/Union Pacific Crossing 0318 Wilbur Sidewalk: Boone to Mission 0335 Mission Ave over Evergreen Rd Deck Repair 0344 Park Rd Sidewalk- Broadway to Cataldo 0345 Park Rd Sidewalk- Nora to Baldwin Street Preservation Projects 0320 Sullivan Preservation: Sprague-8th 0323 Evergreen Road Preservation Project 0333 Evergreen Rd Pres Broadway to Mission 0334 Sprague Ave Preservation 0339 2022 Local Access Streets: Summerfield E 0341 Broadway Preservation- Fancherto Park 0343 Buckeye Avenue Sewer Extension Traffic Projects 0326 2020 Citywide Reflective Post Panels 0342 WTSC 2022 School Zone Beacons Parks Projects 0314 Balfour Park Frontage Improvements 0316 Balfour Park Improvements - Phase 1 0328 Sullivan Park Waterline 0338 Loop Trail Project FHWA - STP(U) FHWA - CMAQ FHWA - STP(U) FHWA - STP(U) TIB - UAP FHWA - CMAQ FMSIB STBG-SA FHWA - BR CDBG TIB - SP COSY COSY COSY STBG COSY FHWA-STP(E) CLRF HSIP WTSC COSY COSY COSY COSY 11/30/20 04/26/22 10/21/21 06/12/20 04/30/21 TBD 08/20/21 5/20/2022 9/23/2022 TBD TBD TBD 04/30/21 02/11/22 03/18/22 TBD TBD 03/18/22 TBD N/A 01/13/21 05/20/22 11/17/21 07/08/20 05/14/21 TBD 09/10/21 6/10/2022 11/18/2022 TBD TBD TBD 05/14/21 02/25/22 04/08/22 TBD TBD 04/08/22 100 100 100 100 100 80 100 100 100 5 5 90 100 100 100 50 0 100 70 99 90 99 99 0 99 99 0 0 0 0 100 100 99 0 0 99 12/31/22 12/31/22 12/31/22 12/31/21 12/31/21 12/31/22 12/31/22 12/31/22 12/31/23 12/31/23 12/31/23 12/31/23 12/31/21 12/31/22 12/31/22 12/31/22 12/31/23 12/31/22 $ 26,000,000 2,510,413 1,370,000 3,850,141 2,800,000 2,207,550 1,434,000 1,007,351 303,182 60,500 60,500 $ 696,126 $ 1,900,000 $ 1,341,000 $ 142,540 $ 1,377,400 $ 140,000 $ 500,000 TBD 100 5 12/31/22 $ 164,100 N/A 100 90 12/31/22 $ 225,000 03/19/21 04/09/21 100 99 12/16/2022 1/13/2023 100 0 TBD TBD 85 0 TBD TBD 0 0 12/31/21 12/31/23 TBD TBD $ 1,003,215 $ 3,875,023 $ 152,858 $ 500,000 Stormwater Projects 0308 Regional Decant Facility Canopy Dept of Ecology 02/05/21 02/19/21 100 99 12/31/21 $ 595,535 0327 Sprague Avenue Stormwater Improvements Dept of Ecology TBD TBD 35 0 12/31/22 $ 170,000 Design % Total Project# Design Only Projects Funding Complete Complete Project Date PE Cost Street Projects 0223 Pines Rd Underpass @ BNSF &Trent 0311 Sullivan Rd./SR 290Interchange Project 0321 Argonne Corridor Imprv- North of Knox 0329 Barker Road Imp- City Limits to Appleway 0340 8th Ave Sidewalk (Coleman to Park) 0346 Bowdish Sidewalk 12th to 22nd FHWA - STP(U) COSY COSY IMPACT FEES TIB/COSV FHWA/COSV Street Preservation Projects 0286 Broadway Preservation: Havana to Fancher COSV 12/31/23 12/31/23 12/31/21 12/31/21 03/31/22 12/31/23 On Hold 40 20 10 10 60 1 70 $ 7,312,793 $ 500,000 $ 30,000 $ 250,000 $ 434,400 $ 1,983,900 $ 67,600 Sewer Projects 0332 NE Industrial Area - Sewer Extension COSV 12/31/21 60 $ 80,000 4 PLANNING AND GRANTS Congressionally Directed Spending (CDS) The U.S. Congress passed the Consolidated Appropriations Act of 2023 in late December 2022. Included in the bill was $2.65 million for the Sullivan/Trent Interchange project (sponsored by Sen. Cantwell and Rep. McMorris Rodgers) and $5 million for the Pines/BNSF GSP (sponsored by Sen. Murray). The City is awaiting formal award paperwork from WSDOT. WSDOT's Railroad Crossing Grant Program (RCG) On December 1, 2022, the Washington State Dept. of Transportation (WSDOT) awarded the Pines Road/BNSF Grade Separation Project $5,000,000. These funds were primarily sponsored by Sen. Padden as part of the Move Ahead WA transportation package and are used as non-federal match for the City's RAISE award. Transportation Improvement Board (TIB) On December 2, 2022, the Washington State TIB awarded the City issued $1,963,070 for the Broadway & Park Concrete Intersection and $424,891 for the 8th Ave. sidewalk and bicycle improvements. Both projects are scheduled for construction in 2023. Safe Streets and Roads for All (SS4A) In September, SRTC submitted a regional application to the SS4A program to create a regional safety planning document that evaluates safety trends (based on crash data) and creates a prioritized project list for future grant program requests. The City will participate in the local match by paying $15,000 of the $100,000 total (realized only if awarded funding). This application will benefit Spokane Valley by furthering the evaluation of safety hazards in the region, including the City, and help prioritize those hazards within our City. Further, it is anticipated that state and federal grant programs will award funds based on the outcomes of the safety plan that would result from a SS4A award. More to follow. WA Dept. of Ecology's Water Quality Combined Funding Program (WQC) On August 9, 2022, the Washington State Department of Ecology issued a Call for Projects for the Water Quality Combined Funding Program (WQC) for state fiscal year 2024. The application combines multiple funding programs into one application process where Ecology staff will evaluate each application received and separate them into respective funding pots. Potential City projects generally align mostly with the Stormwater Financial Assistance Program (SFAP) grants. Local match must be at least 15% of the total project cost. On September 27, City Council authorized the city manager to submit an application for the Sprague Ave. Stormwater Improvement Project, between Mullan and Herald Roads. On October 6, staff submitted the application requesting $1,837,604 from the program. Award announcements are anticipated in January 2023. 5 Spokane Hey Memorandum FINANCE DEPARTMENT Chelsie Taylor, Finance Director 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org To: John Hohman, City Manager From: Chelsie Taylor, Finance Director Date: January 11, 2023 Re: Finance Department Activity Report — November 2022 Following is information pertaining to Finance Department activities through the end of November 2022 and included herein is an updated 2022 Budget to Actual Comparison of Revenues and Expenditures through the end of November. 2021 Year-end Process The 2021 books were closed in April and the annual financial report was completed and filed in May. The State Auditor's Office issued an unmodified opinion on the audit of the financial statements for the fiscal year 2021 and the Federal single audit on December 5, 2022. 2022 Budget Amendment #2 As we progressed through 2022 the need for a number of budget amendments arose. Council review took place at the following meetings: • October 11 Admin Report • October 25 Public Hearing • October 25 First reading on proposed ordinance amending the 2022 Budget • November 8 Second reading on proposed ordinance amending the 2022 Budget 2023 Budget Development The 2023 Budget development process began in the Finance Department in early March, and on April 5th we sent detailed budget requests to all departments to complete by mid -May. By the time the budget was adopted on November 8th, the Council had an opportunity to discuss the budget on seven occasions including three public hearings. • June 14 Council budget workshop • August 24 Admin report on 2023 revenues and expenditures • September 13 Public hearing #1 on the 2023 revenues and expenditures • October 4 City Manager's presentation of preliminary 2023 Budget • October 11 Public hearing #2 on 2023 Budget • October 25 First reading on proposed ordinance adopting the 2023 Budget • November 8 Public hearing #3 on the 2023 Budget • November 8 Second reading on proposed ordinance adopting the 2023 Budget P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 11 30.docx Page 1 Lodging Tax The schedule leading • August 26 • September 30 • October 12 • November 8 • December 13 to awarding funds was as follows: Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers Grant applications due at City Hall Grant applicant presentations to lodging tax advisory committee Admin report to Council on results of lodging tax advisory committee meeting City Council motion consideration: Award lodging tax for 2023 Fee Resolution As a part of preparing the annual budget, City Departments are asked to review the Master Fee Schedule that is currently in place and determine whether changes in fees charged and/or language used in the governing resolution should be altered. This leads to an annual update to the fee resolution that sets fees for the following year. The calendar leading to the adoption of the resolution setting 2023 fees is as follows: • December 6 Admin report on proposed changes to the fee resolution • December 13 Council adoption of the fee resolution Budget to Actual Comparison Report A report reflecting 2022 Budget to Actual Revenues and Expenditures for those funds for which a 2022 Budget was adopted is located on pages 5 through 18. Because we attempt to provide this information in a timely manner, this report is prepared from records that are not formally closed by the Finance Department at month end or reconciled to bank records. Although it is realistic to expect the figures will change over subsequent weeks, I believe the report is materially accurate. We've included the following information in the report: • Revenues by source for all funds, and expenditures by department in the General Fund and by type in all other funds. • A breakdown between recurring and nonrecurring revenues and expenditures in the General Fund, Street O&M Fund and Stormwater Fund. • The change in fund balance including beginning and ending figures. The beginning fund balance figures are those that are reflected in our 2021 Annual Financial Report. Columns of information include: o The 2022 Budget as amended o November 2022 activity o Cumulative 2022 activity through November 2022 o Budget remaining in terms of dollars o The percent of budgeted revenue collected or budgeted expenditures disbursed A few points related to the General Fund #001 (page 5): Recurring revenues collections are currently at 93.66% of the amount budgeted with 91.67% of the year elapsed. • Property taxes are paid to Spokane County in two installments each year on April 30 and October 31 and are then remitted to the City primarily in May and November with lesser amounts typically remitted in June and December. Property taxes received thus far in 2022 are $12,241,472 or 92.74% of the amount budgeted. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 11 30.docx Page 2 • Sales tax collections represent only ten months of collections thus far because taxes collected in November are not remitted to the City by the State until the latter part of December. Collections are currently at $26,960,040 or 89.87% of the amount budgeted. • Gambling taxes are at $437,922 or 119.98% of the amount budgeted. Gambling taxes are paid quarterly with fourth quarter payments due by January 31s1 • Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. So far in 2022 we have received $1,095,309 or 90.15% of the amount budgeted. • State shared revenues are composed of State of Washington distributions that include items such as liquor board profits, liquor excise tax, streamlined sales tax mitigation and criminal justice monies. Most of these revenues are paid by the State in the month following a calendar quarter. Through November we've received remittances totaling $1,914,873 or 95.96% of the amount budgeted. • Fines and forfeitures revenues are composed of monthly remittances from Spokane County with payments made in the month following the actual assessment of a fine and false alarm fees. Through November we've received remittances through the month of October with receipts of $369,056 or 69.94% of the amount budgeted. • Community and Public Works service revenues are largely composed of building permit and plan review fees as well as right of way permits. Revenues are currently at $3,765,137 or 125.50% of the amount budgeted. • Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in -season), and CenterPlace. Currently, revenues total $575,514 or 91.44% of the amount budgeted. Recurring expenditures are currently at $39,081,601 or 78.07% of the amount budgeted with 91.67% of the year elapsed. Investments (page 19) Investments at November 30 total $102,413,696 and are composed of $97,298,622 in the Washington State Local Government Investment Pool and $5,115,074 in bank CDs. Total Sales Tax Receipts (page 20) Total sales tax receipts reflect State remittances through November and total $30,469,895 including general, criminal justice, and public safety taxes. This figure is $852,385 or 2.88% greater than the same ten-month period in 2022. Economic Indicators (pages 21 — 23) The following economic indicators provide information pertaining to three different sources of tax revenue that provide a good gauge of the health and direction of the overall economy. 1. Sales taxes (page 21) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 22) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 23) provide us with a sense of real estate sales. Page 21 provides a 10-year history of general sales tax receipts (not including public safety or criminal justice) with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $541,805 or 2.05%. • Tax receipts reached an all-time high in 2021 of $31,499,534, besting the previous record year of 2020 when $25,238,481 was collected. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 11 30.docx Page 3 Page 22 provides a 10-year history of hotel/motel tax receipts with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $134,688 or 21.03%. • Collections reached an all-time high in 2021 of $744,437, besting the previous record of $743,851 in 2019. Page 23 provides a 10-year history of real estate excise tax receipts with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $407,697 or 9.43%. • Collections reached an all-time high in 2021 of $6,218,227. Debt Capacity and Bonds Outstandinq (page 24) This page provides information on the City's debt capacity, or the dollar amount of General Obligation (G.O.) Bonds the City may issue, as well as an amortization schedule of the bonds the City currently has outstanding. • The maximum amount of G.O. bonds the City may issue is determined by the assessed value for property taxes which for 2022 is $12,919,694,944. Following the December 1, 2022 debt service payments, the City has $9,810,000 of nonvoted G.O. bonds outstanding which represents 5.06% of our nonvoted bond capacity, and 1.01 % of our total debt capacity for all types of bonds. Of this amount: o $3,430,000 remains on bonds issued for the construction of CenterPlace. These bonds are repaid with a portion of the 1/10 of 1 % sales tax that is collected by the Spokane Public Facilities District. o $155,000 remains on bonds issued for road and street improvements around CenterPlace. The bonds are repaid with a portion of the real estate excise tax collected by the City. o $6,225,000 remains on bonds issued for construction of the new City Hall. The bonds are repaid with General Fund revenues. Street Fund Revenue Sources (pages 25 and 26) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: Page 25 provides a 10-year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $83,672 or 5.32%. • Tax receipts peaked in 2007 at just approximately $2.1 million and have generally ranged around $2 million in the years 2013 through 2021. Page 26 provides a 10-year history of Telephone Utility Tax collections with monthly detail beginning January 2013. • Compared with 2021, 2022 collections have decreased by $27,949 or 3.23%. Unlike tax revenues collected by the State and remitted monthly, these taxes are paid to the City directly by the service provider. Consequently, there is not a "clean cutoff' in terms of when a vendor pays the tax. • Tax receipts peaked in 2009 at $3,054,473 and have decreased each year since due to what we suspect is the reduction in land lines by individual households as well as a reallocation of revenues from voice plans to data plans by cell phone companies. • The 2022 Budget was adopted with a revenue estimate of $932,000. We will watch actual receipts closely as the year progresses. P:IFinancelFinance Activity Reports\Council Monthly Reports1202212022 11 30.docx Page 4 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 #001 - GENERAL FUND RECURRING ACTIVITY Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget Revenues Property Tax 13,199,900 4,424,789 12,241,472 (958,428) 92.74% Sales Tax 30,000,000 3,027,341 26,960,040 (3,039,960) 89.87% Sales Tax - Public Safety 1,400,000 140,315 1,273,529 (126,471) 90.97% Sales Tax - Criminal Justice 2,400,000 246,218 2,236,326 (163,674) 93.18% Gambling Tax and Leasehold Excise Tax 365,000 12,296 437,922 72,922 119.98% Franchise Fees/Business Registration 1,215,000 306,543 1,095,309 (119,691) 90.15% State Shared Revenues 1,995,500 0 1,914,873 (80,627) 95.96% Fines, Forfeitures and Penalties 527,700 36,818 369,056 (158,644) 69.94% Community and Public Works 3,000,000 201,279 3,765,137 765,137 125.50% Recreation Program Revenues 629,400 36,876 575,514 (53,886) 91.44% Grant Proceeds 100,000 0 4,478 (95,522) 4.48% Miscellaneous Department Revenue 22,500 0 20,149 (2,351) 89.55% Miscellaneous & Investment Interest 288,500 173,571 784,056 495,556 271.77% Transfers in - #105 (h/m tax-CP advertising) 30,000 0 0 (30,000) 0.00% Total Recurring Revenues 55,173,500 8,606,047 51,677,861 (3,495,639) 93.66% Expenditures City Council 681,512 46,408 531,409 150,103 77.97% City Manager 921,126 68,577 750,192 170,934 81.44% City Attorney 810,989 64,831 747,131 63,858 92.13% Public Safety 30,614,434 1,831,583 23,832,531 6,781,903 77.85% Deputy City Manager 544,422 44,208 470,922 73,500 86.50% Finance 1,247,980 98,142 1,156,560 91,420 92.67% Human Resources 335,365 30,118 300,527 34,838 89.61% Information Technology 403,123 33,446 314,327 88,796 77.97% City Facilities Operations and Maintenance 470,020 141,077 517,728 (47,708) 110.15% Community & Public Works - Administration 302,228 24,510 236,275 65,953 78.18% Community & Public Works - Engineering 2,344,186 163,294 1,657,978 686,208 70.73% Community & Public Works - Econ Development 1,461,862 128,643 1,111,130 350,732 76.01% Community & Public Works - Building 2,186,762 145,877 1,816,866 369,896 83.08% Community & Public Works - Planning 839,730 63,875 554,396 285,334 66.02% Parks & Rec - Administration 351,018 24,394 304,463 46,555 86.74% Parks & Rec - Maintenance 950,455 100,425 826,478 123,977 86.96% Parks & Rec - Recreation 330,687 12,113 239,983 90,704 72.57% Parks & Rec - Aquatics 538,700 53,800 386,281 152,419 71.71 % Parks & Rec - Senior Center 36,801 82 5,529 31,272 15.02% Parks & Rec - CenterPlace 970,375 62,779 740,365 230,010 76.30% General Government 1,703,713 47,079 735,099 968,614 43.15% Transfers out - #204 ('16 LTGO bond debt service) 401,400 33,450 367,950 33,450 91.67% Transfers out - #309 (park capital projects) 160,000 13,333 146,667 13,333 91.67% Transfers out - #311 (pavement preservation) 1,001,800 83,483 918,317 83,483 91.67% Transfers out - #502 (insurance premium) 450,000 37,500 412,500 37,500 91.67% Total Recurring Expenditures 50,058,688 3,353,026 39,081,601 10,977,087 78.07% Recurring Revenues Over (Under) Recurring Expenditures 5,114,812 5,253,020 12,596,260 7,481,448 Page 5 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget Revenues Transfers in - #312 964,000 0 0 (964,000) 0.00% Coronavirus Local Fiscal Recovery Funds 11,000,000 0 5,614,769 (5,385,231) 51.04% Total Nonrecurring Revenues 11,964,000 0 5,614,769 (6,349,231) 46.93% Expenditures City Manager (office furniture) 5,000 0 4,723 277 94.47% Public Safety (radar trailer) 24,000 0 31,678 (7,678) 131.99% Public Safety (police vehicles) 255,000 0 0 255,000 0.00% Public Safety (replace carpet at Precinct) 25,000 0 0 25,000 0.00% Public Safety (repaint Precinct exterior) 50,000 0 34,965 15,035 69.93% Public Safety (tree & debris removal from back lot) 8,000 0 0 8,000 0.00% Public Safety (main entry door controller) 0 0 8,168 (8,168) 0.00% City Hall Repairs 700,000 138,788 524,258 175,742 74.89% City Hall (3rd floor office) 77,640 58,671 58,671 18,969 75.57% Community & Public Works (20th Anniversary) 20,000 3,781 3,781 16,219 18.91% Parks & Rec (repaint portico at CenterPlace) 12,000 0 0 12,000 0.00% Parks & Rec (replace carpet at CenterPlace) 26,700 0 0 26,700 0.00% Parks & Rec (repair plumbing systems at pools) 30,000 0 0 30,000 0.00% Parks & Rec (statue installation costs) 79,000 0 16,858 62,142 21.34% Financial Software Capital Costs 500,000 0 0 500,000 0.00% General Government - IT capital replacements 136,000 0 87,273 48,727 64.17% General Government (Covid-19 Related Costs) 7,000,000 3,378 31,782 6,968,218 0.45% Transfers out - #101 (Street Fund operations) 3,084,919 235,035 2,585,384 499,535 83.81% Transfers out - #122 (replenish reserve) 89,805 0 0 89,805 0.00% Transfers out - #312 ('20 fund bal >50%) 3,593,000 0 0 3,593,000 0.00% Transfers out - #501 (vehicle for Code Enf. Supervi. 40,000 0 0 40,000 0.00% Total Nonrecurring Expenditures 15,756,064 439,653 3,387,541 12,368,523 21.50% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (3,792,064) (439,653) 2,227,229 6,019,293 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures 1,322,748 4,813,367 14,823,489 Beginning fund balance 44,206,845 44,206,845 Ending fund balance 45,529,593 59,030,334 13,500,741 Page 6 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget Revenues Telephone Utility Tax 932,000 66,095 819,151 (112,849) 87.89% Motor Vehicle Fuel (Gas) Tax 1,896,000 141,458 1,650,223 (245,777) 87.04% Multimodal Transportation 130,200 0 103,236 (26,964) 79.29% Right -of -Way Maintenance Fee 85,000 3,499 13,388 (71,612) 15.75% Investment Interest 500 2,770 7,171 6,671 1434.22% Miscellaneous Revenue 160,000 0 79 (159,921) 0.05% Total Recurring Revenues 3,203,700 213,822 2,593,247 (610,453) 80.95% Expenditures Wages / Benefits / Payroll Taxes 1,128,523 133,860 1,152,022 (23,499) 102.08% Supplies 176,700 4,178 152,421 24,279 86.26% Services & Charges 3,169,644 192,084 2,490,835 678,809 78.58% Snow Operations 890,502 28,817 811,501 79,001 91.13% Intergovernmental Payments 909,000 53,431 685,710 223,290 75.44% Vehicle Rentals - #501 (non -plow vehicle rental) 10,250 854 9,396 854 91.67% Vehicle Rentals - #501 (plow replace) 275,000 5,042 55,458 219,542 20.17% Total Recurring Expenditures 6,559,619 418,265 5,357,343 1,202,276 81.67% Recurring Revenues Over (Under) Recurring Expenditures (3,355,919) (204,443) (2,764,095) 591,824 NONRECURRING ACTIVITY Revenues Insurance Proceeds (traffic signal cabinet) 0 0 86,638 86,638 0.00% Transfers in - #001 3,084,919 235,035 2,585,384 (499,535) 83.81% Transfers in -#106 271,000 0 0 (271,000) 0.00% Transfers in - #122 0 0 0 0 0.00% Total Nonrecurring Revenues 3,355,919 235,035 2,672,022 (683,897) 79.62% Expenditures Generator for Maintenance Shop 50,000 0 13,144 36,856 26.29% Streetlight Replacement Program 35,500 0 35,409 91 99.74% Light Pole Repair 0 0 2,369 (2,369) 0.00% Transfers out - #501 80,000 0 0 80,000 0.00% Total Nonrecurring Expenditures 165,500 0 50,922 114,578 30.77% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures 3,190,419 235,035 2,621,101 (569,318) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (165,500) 30,592 (142,995) Beginning fund balance 1,156,301 1,156,301 Ending fund balance 990,801 1,013,306 #103 - PATHS & TRAILS Revenues Motor Vehicle Fuel (Gas) Tax Investment Interest 22,505 8,000 597 6,960 (1,040) 87.00% 100 91 368 268 368.45% Total revenues 8,100 688 7,329 (771) 90.48% Expenditures Capital Outlay 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 8,100 Beginning fund balance 29,558 Ending fund balance 37,658 688 7,329 29,558 36,887 (771) Page 7 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 SPECIAL REVENUE FUNDS - continued Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget #104 - TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax 400,000 50,715 506,381 106,381 126.60% Investment Interest 2,500 12,922 52,931 50,431 2117.23% Transfers in - #105 273,000 0 0 (273,000) 0.00% Total revenues Expenditures Capital Outlay Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance #106 - HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax Investment Interest 675,500 63,637 559,311 (116,189) 82.80% 0 0 0 0 0.00% 0 0 0 0 0.00% 675,500 63,637 559,311 (116,189) 4,672,194 4,672,194 5,347,694 5,231,506 600,000 78,048 775,094 175,094 129.18% 1,000 1,927 7,080 6,080 708.02% Total revenues 601,000 79,975 782,175 181,175 130.15% Expenditures Transfers out - #001 30,000 0 0 30,000 0.00% Transfers out - #104 273,000 0 0 273,000 0.00% Tourism Promotion 298,000 59,703 166,983 131,017 56.03% Total expenditures 601,000 59,703 166,983 434,017 27.78% Revenues over (under) expenditures 0 20,272 615,191 (252,842) Beginning fund balance 165,000 165,000 Ending fund balance 165,000 780,191 #106 - SOLID WASTE Revenues Solid Waste Administrative Fees 225,000 0 198,590 26,410 88.26% Solid Waste Road Wear Fee 1,600,000 0 1,477,207 122,793 92.33% Investment Interest 7,000 6,919 25,288 (18,288) 361.26% Total revenues 1,832,000 6,919 1,701,085 130,915 92.85% Expenditures Transfers out - #101 271,000 0 0 271,000 0.00% Transfers out - #311 1,589,519 0 0 1,589,519 0.00% Education & Contract Administration 232,000 1,893 40,434 191,566 17.43% Total expenditures 2,092,519 1,893 40,434 2,052,085 1.93% Revenues over (under) expenditures (260,519) 5,027 1,660,651 (1,921,170) Beginning fund balance 1,140,119 1,140,119 Ending fund balance 879,600 2,800,769 #107 - PEG FUND Revenues Comcast PEG Contribution Investment Interest 79,000 0 49,137 29,863 62.20% 0 497 2,024 (2,024) 0.00% Total revenues 79,000 497 51,161 27,839 64.76% Expenditures PEG Reimbursement - CMTV 39,500 0 0 39,500 0.00% Capital Outlay 33,500 0 0 33,500 0.00% Total expenditures 73,000 0 0 73,000 0.00% Revenues over (under) expenditures 6,000 497 51,161 (45,161) Beginning fund balance 165,895 165,895 Ending fund balance 171,895 217,056 Page 8 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 SPECIAL REVENUE FUNDS - continued Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget #108 -AFFORDABLE & SUPPORTIVE HOUSING TAX FUND Revenues Affordable & Supportive Housing Tax 193,000 26,014 155,685 37,315 80.67% Investment Interest 0 1,304 4,952 (4,952) 0.00% Total revenues 193,000 27,319 160,637 32,363 83.23% Expenditures Affordable & Supportive Housing Program 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over (under) expenditures 193,000 27,319 160,637 32,363 Beginning fund balance 367,327 367,327 Ending fund balance 560,327 527,964 #120 - CENTER PLACE OPERATING RESERVE FUND Revenues Investment Interest Transfers in 0 0 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 300,000 300,000 Ending fund balance 300,000 300,000 #121 - SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest Transfers in 0 0 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 5,500,000 5,500,000 Ending fund balance 5,500,000 5,500,000 #122 - WINTER WEATHER RESERVE FUND Revenues Investment Interest Transfers in - #001 800 1,086 4,614 3,814 576.73% 89,805 0 0 (89,805) 0.00% Subtotal revenues 90,605 1,086 4,614 (85,991) 5.09% Expenditures Snow removal expenses 500,000 0 0 500,000 0.00% Transfers out - #101 0 0 0 0 0.00% Total expenditures 500,000 0 0 500,000 0.00% Revenues over (under) expenditures (409,395) 1,086 4,614 Beginning fund balance 434,887 434,887 Ending fund balance 25,492 439,501 (585,991) Page 9 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 DEBT SERVICE FUNDS #204 - DEBT SERVICE FUND Revenues Spokane Public Facilities District Transfers in - #001 Transfers in - #301 Transfers in - #302 Total revenues Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget 501,200 0 75,600 (425,600) 15.08% 401,400 33,450 367,950 (33,450) 91.67% 81,100 6,758 74,342 (6,758) 91.67% 81,100 6,758 74,342 (6,758) 91.67% 1,064,800 46,967 592,233 (472,567) 55.62% Expenditures Debt Service Payments - CenterPlace 501,200 425,600 501,200 0 100.00% Debt Service Payments - Roads 162,200 156,100 162,200 0 100.00% Debt Service Payments -'16 LTGO Bond 401,400 288,200 401,400 0 100.00% Total expenditures 1,064,800 869,900 1,064,800 0 100.00% Revenues over (under) expenditures 0 (822,933) (472,567) (472,567) Beginning fund balance 0 0 Ending fund balance 0 (472,567) Page 10 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 CAPITAL PROJECTS FUNDS #301 - CAPITAL PROJECTS FUND Revenues REET 1 - Taxes Investment Interest Total revenues Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget 2,000,000 193,036 2,366,118 366,118 118.31 % 2,000 15,552 60,431 58,431 3021.54% 2,002,000 208,587 2,426,549 424,549 121.21% Expenditures Transfers out - #204 81,100 6,758 74,342 6,758 91.67% Transfers out - #303 311,854 0 14,884 296,970 4.77% Transfers out - #311 (pavement preservation) 914,900 0 0 914,900 0.00% Transfers out - #314 3,322 0 0 3,322 0.00% Total expenditures 1,311,176 6,758 89,226 1,221,950 6.81% Revenues over (under) expenditures 690,824 201,829 2,337,323 (797,401) Beginning fund balance 3,958,748 3,958,748 Ending fund balance 4,649,572 6,296,071 #302 - SPECIAL CAPITAL PROJECTS FUND Revenues REET 2 - Taxes Investment Interest 2,000,000 193,036 2,366,118 366,118 118.31 % 5,000 18,595 73,550 68,550 1471.00% Total revenues 2,005,000 211,631 2,439,668 434,668 121.68% Expenditures Transfers out - #204 81,100 6,758 74,342 6,758 91.67% Transfers out - #303 865,326 0 68,005 797,321 7.86% Transfers out - #309 196,817 0 0 196,817 0.00% Transfers out - #311 (pavement preservation) 914,900 0 0 914,900 0.00% Total expenditures 2,058,143 6,758 142,346 1,915,797 6.92% Revenues over (under) expenditures (53,143) 204,872 2,297,322 (1,481,128) Beginning fund balance 5,230,856 5,230,856 Ending fund balance 5,177,713 7,528,178 Page 11 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 CAPITAL PROJECTS FUNDS - continued Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget #303 STREET CAPITAL PROJECTS FUND Revenues Developer Contribution 1,312,810 0 0 (1,312,810) 0.00% Traffic Mitigation Fees 0 141,550 505,877 505,877 0.00% Investment Interest 0 0 5,391 5,391 0.00% Coronavirus Local Fiscal Recovery Funds 750,000 0 602,173 (147,827) 80.29% Grant Proceeds 5,533,904 0 3,066,907 (2,466,997) 55.42% Transfers in - #301 311,854 0 14,884 (296,970) 4.77% Transfers in - #302 865,326 0 68,005 (797,321) 7.86% Transfers in - #312 225,000 0 1,061 (223,939) 0.47% Transfers in-#315 41,551 0 0 (41,551) 0.00% Total revenues 9,040,445 141,550 4,264,298 (4,776,147) 47.17% Expenditures 205 Sprague/Barker Intersection Improvement 1,871,500 77,732 2,205,742 (334,242) 117.86% 249 Sullivan & Wellesley Intersection 1,903,176 4,332 61,942 1,841,234 3.25% 275 Barker Rd Widening - River to Euclid 0 0 8,915 (8,915) 0.00% 293 2018 CSS Citywide Reflective Signal BP 8,250 0 382 7,868 4.63% 294 Citywide Reflective Post Panels 3,575 0 2,990 585 83.64% 299 Argonne Rd Concrete Pvmt Indiana to Mont 130,017 0 8,876 121,141 6.83% 300 Pines & Mission Intersection Improvements 575,538 16,471 141,949 433,589 24.66% 310 Sullivan Rd Overcrossing UP RR Deck Rep. 0 0 820 (820) 0.00% 313 Barker Road/Union Pacific Crossing 400,000 1,533 318,607 81,393 79.65% 318 Wilbur Sidewalk: Boone to Mission 572,909 7,972 421,841 151,068 73.63% 320 Sullivan Preservation: Sprague-8th 412,000 29,235 96,356 315,644 23.39% 326 2020 Citywide Retroreflective Post Panel 142,880 124 6,701 136,179 4.69% 327 Sprague Avenue Stormwater 100,000 0 0 100,000 0.00% 329 Barker Road Imp - City Limits to Appleway 250,000 207 29,396 220,604 11.76% 330 WTSC 2021 School Zone Beacons 225,000 0 0 225,000 0.00% 332 NE Industrial Area - Sewer Extension 0 0 37,411 (37,411) 0.00% 333 Evergreen Rd Pres Broadway to Mission 0 0 159,293 (159,293) 0.00% 334 Sprague Avenue Preservation 0 0 309,494 (309,494) 0.00% 335 Mission Ave over Evergreen Rd Deck Repair 261,200 2,607 19,502 241,698 7.47% 340 8th Ave Sidewalk (Coleman to Park) 434,400 27,344 71,063 363,337 16.36% 342 2022 School Zone Flashing Beacons 0 1,297 76,579 (76,579) 0.00% 343 Buckeye Avenue Sewer Extension 750,000 0 632,152 117,848 84.29% 344 Park Rd Sidewalk- Broadway to Cataldo 0 3,430 21,902 (21,902) 0.00% 345 Park Rd Sidewalk - Nora to Baldwin 0 14,848 24,172 (24,172) 0.00% 346 Bowdish Sidewalk - 12th to 22nd 0 0 1,883 (1,883) 0.00% Contingency 1,000,000 0 0 1,000,000 0.00% Total expenditures 9,040,445 187,131 4,657,965 4,382,480 Revenues over (under) expenditures 0 (45,581) (393,667) (9,158,627) Beginning fund balance 1,192,615 1,192,615 Ending fund balance 1,192,615 798,949 Note: Work performed in the Street Capital Projects Fund for preservation projects is for items such as sidewalk upgrades that were bid with the pavement preservation work. 51.52% Page 12 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 CAPITAL PROJECTS FUNDS - continued Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget #309 - PARKS CAPITAL PROJECTS FUND Revenues Transfers in - #001 160,000 13,333 146,667 (13,333) 91.67% Transfers in - #312 653,006 0 0 (653,006) 0.00% Total revenues Expenditures 304 CenterPlace West Lawn Phase 2 0 0 276 (276) 0.00% 314 Balfour Park Frontage Improvements 168,006 0 95,055 72,951 56.58% 315 Brown's Park 2020 Improvements 0 0 953 (953) 0.00% 316 Balfour Park Improvements - Phase 1 170,000 8,094 101,947 68,053 59.97% 328 Sullivan Park Waterline 65,000 59 44,996 20,004 69.22% 338 Loop Trail Project 250,000 4,441 107,804 142,196 43.12% Replace Pond Liner at Mirabeau 80,000 0 0 80,000 0.00% 813,006 13,333 146,667 (666,339) 18.04% Total expenditures 733,006 12,594 351,030 381,976 Revenues over (under) expenditures 80,000 739 (204,364) (1,048,315) Beginning fund balance 18,255 18,255 Ending fund balance 98,255 (186,109) #310 - CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 47.89% 1,300 2,097 8,874 7,574 682.60% Total revenues 1,300 Expenditures Payment to Library District Total expenditures 2,097 8,874 7,574 682.60% 560,000 0 0 560,000 0.00% 560,000 0 0 560,000 0.00% Revenues over (under) expenditures (558,700) 2,097 8,874 (552,426) Beginning fund balance 840,056 840,056 Ending fund balance 281,356 848,930 Note: The fund balance includes $839,285.10 paid by the Library District for 2.82 acres at the Balfour Park site. If the District does not succeed in getting a voted bond approved by October 2017 then the City may repurchase this land at the original sale price of $839,285.10. Page 13 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 CAPITAL PROJECTS FUNDS - continued Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget #311 - PAVEMENT PRESERVATION FUND Revenues Transfers in -#001 1,001,800 83,483 918,317 (83,483) 91.67% Transfers in -#106 1,589,519 0 0 (1,589,519) 0.00% Transfers in - #301 914,900 0 0 (914,900) 0.00% Transfers in - #302 914,900 0 0 (914,900) 0.00% Grant Proceeds 1,029,000 0 2,050,827 1,021,827 199.30% Investment Interest 0 11,348 44,571 44,571 0.00% Total revenues 5,450,119 94,831 3,013,715 (2,436,404) 55.30% Expenditures Pre -Project GeoTech Services 50,000 0 0 50,000 0.00% Pavement Preservation 5,426,844 0 0 5,426,844 0.00% 292 Mullen Preservation: Broadway -Mission 0 0 31 (31) 0.00% 309 Local Access Streets: Barker Homes 0 0 1,931 (1,931) 0.00% 314 Balfour Park Frontage Improvements 0 160 1,262 (1,262) 0.00% 320 Sullivan Preservation: Sprague-8th 0 2,979 35,458 (35,458) 0.00% 323 Evergreen Road Preservation Project 0 0 12,226 (12,226) 0.00% 325 2021 Local Access Streets: South Park Rd 0 0 3,646 (3,646) 0.00% 333 Evergreen Rd Pres Broadway to Mission 0 0 912,532 (912,532) 0.00% 334 Sprague Avenue Preservation 0 18,015 2,440,519 (2,440,519) 0.00% 339 2022 Local Access Streets: Summerfield E 0 1,044 21,001 (21,001) 0.00% 341 Broadway Preservation - Fancherto Park 0 6,791 47,971 (47,971) 0.00% Total expenditures 5,476,844 28,990 3,476,578 2,000,266 63.48% Revenues over (under) expenditures (26,725) 65,841 (462,863) (4,436,669) Beginning fund balance 5,544,088 5,544,088 Ending fund balance 5,517,363 5,081,225 #312 - CAPITAL RESERVE FUND Revenues Grant Proceeds 1,000,000 0 0 (1,000,000) 0.00% Transfers in - #001 3,593,000 0 0 (3,593,000) 0.00% Investment Interest 10,000 36,241 153,468 143,468 1534.68% Total revenues 4,603,000 36,241 153,468 (4,449,532) 3.33% Expenditures Transfers out - #001 964,000 0 0 964,000 0.00% Transfers out - #303 225,000 0 1,061 223,939 0.47% Transfers out - #309 456,189 0 0 456,189 0.00% Transfers out - #314 782,590 0 2,654 779,936 0.34% Transfers out - #316 46,642 0 0 46,642 0.00% Land Acquisition - Park 759,600 0 0 759,600 0.00% Total expenditures 3,234,021 0 3,715 3,230,306 0.11% Revenues over (under) expenditures 1,368,979 36,241 149,752 (7,679,838) Beginning fund balance 14,522,386 14,522,386 Ending fund balance 15,891,365 14,672,138 Page 14 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 CAPITAL PROJECTS FUNDS - continued Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Grant Proceeds Investment Interest Developer Contribution Miscellaneous Revenues Transfers in - #301 Transfers in - #312 1,803,214 0 229,710 (1,573,504) 12.74% 0 0 518 518 0.00% 187,511 0 0 (187,511) 0.00% 0 0 10,500 10,500 0.00% 3,322 0 0 (3,322) 0.00% 782,590 0 2,654 (779,936) 0.34% Total revenues 2,776,637 0 243,382 (2,533,255) 8.77% Expenditures 143 Barker Rd/BNSF Grade Separation 750,000 94,710 608,623 141,377 81.15% 223 Pines Rd Underpass 2,000,000 5,066 455,680 1,544,320 22.78% 311 Sullivan Rd./SR 290 Interchange Project 256,052 10,643 81,323 174,729 31.76% Total expenditures 3,006,052 110,419 1,145,627 1,860,425 38.11% Revenues over (under) expenditures (229,415) (110,419) (902,245) (4,393,680) Beginning fund balance 589,792 589,792 Ending fund balance 360,377 (312,452) #316 - TRANSPORTATION IMPACT FEES Revenues Transportation Impact Fees Investment Interest 200,000 17,871 355,505 155,505 177.75% 0 1,612 5,942 5,942 0.00% Total revenues 200,000 19,483 361,447 161,447 180.72% Expenditures Transfers out - #303 41,551 0 0 41,551 0.00% Total expenditures 41,551 0 0 41,551 0.00% Revenues over (under) expenditures 158,449 19,483 361,447 119,896 Beginning fund balance 294,607 294,607 Ending fund balance 453,056 656,054 #316 - ECONOMIC DEVELOPMENT CAPITAL PROJECT FUND Revenues Transfers in - #312 46,642 0 0 (46,642) 0.00% Total revenues 46,642 0 0 (46,642) 0.00% Expenditures Fair & Expo Center Expansion 46,642 0 7,010 39,632 15.03% Total expenditures 46,642 0 7,010 39,632 15.03% Revenues over (under) expenditures 0 0 (7,010) (86,274) Beginning fund balance 0 0 Ending fund balance 0 (7,010) Page 15 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees Investment Interest Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget 1,910,000 573,746 1,846,158 (63,842) 96.66% 2,000 6,186 26,122 24,122 1306.12% Total Recurring Revenues 1,912,000 579,931 1,872,280 (39,720) 97.92% Expenditures Wages / Benefits / Payroll Taxes 560,631 35,048 340,529 220,102 60.74% Supplies 18,150 4,289 28,623 (10,473) 157.70% Services & Charges 1,298,395 153,494 1,161,836 136,559 89.48% Intergovernmental Payments 45,000 0 43,149 1,851 95.89% Vehicle Rentals - #501 6,750 563 6,188 563 91.67% Total Recurring Expenditures 1,928,926 193,392 1,580,325 348,601 81.93% Recurring Revenues Over (Under) Recurring Expenditures (16,926) 386,539 291,955 308,881 NONRECURRING ACTIVITY Revenues Grant Proceeds 0 0 0 0 0.00% Total Nonrecurring Revenues 0 0 0 0 0.00% Expenditures Capital - various projects 315,000 0 0 315,000 0.00% 300 Pines & Mission Intersection Improvement 0 0 85 (85) 0.00% 309 Local Access Streets: Barker Homes 0 0 228 (228) 0.00% 314 Balfour Park Frontage Improvements 0 155 6,696 (6,696) 0.00% 334 Sprague Avenue Preservation 0 1,200 102,298 (102,298) 0.00% Watershed Studies 100,000 8,790 54,363 45,637 54.36% Generator for Maint. Shop (1/2 cost to #101) 50,000 0 13,144 36,856 26.29% Stormwater Comprehensive Plan 300,000 56,572 203,337 96,663 67.78% Total Nonrecurring Expenditures 765,000 66,717 380,151 384,849 49.69% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (765,000) (66,717) (380,151) 384,849 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (781,926) 319,822 (88,196) Beginning working capital 2,401,719 2,401,719 Ending working capital 1,619,793 2,313,523 Note: Work performed in the Stormwater Fund for preservation projects is for stormwater improvements that were bid with the pavement preservation work. 693,730 #403 -AQUIFER PROTECTION AREA Revenues Spokane County 460,000 0 293,055 (166,945) 63.71% Grant Proceeds 1,151,247 0 226,187 (925,060) 19.65% Investment Interest 1,900 3,172 11,780 9,880 620.01% Total revenues 1,613,147 Expenditures Capital - various projects Effectiveness study Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital 3,172 531,022 (1,082,125) 32.92% 685,972 6,530 336,218 349,754 49.01% 55,000 0 0 55,000 0.00% 740,972 872,175 1,119,839 6,530 (3,358) 336,218 194,804 1,119,839 1,992,014 1,314,644 404,754 (1,486,878) 45.38% Page 16 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 INTERNAL SERVICE FUNDS Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget #601 - ER&R FUND Revenues Interfund vehicle lease - #001 31,300 2,608 28,692 (2,608) 91.67% Interfund vehicle lease - #101 10,250 854 9,396 (854) 91.67% Interfund vehicle lease - #101 (plow replace) 275,000 5,042 55,458 (219,542) 20.17% Interfund vehicle lease - #402 6,750 563 6,188 (563) 91.67% Transfers in - #001 (Code Enforcement Vehicle) 40,000 0 0 (40,000) 0.00% Transfers in - #101 (Additional dump bed truck) 80,000 0 0 (80,000) 0.00% Investment Interest 1,200 3,020 13,829 12,629 1152.45% Total revenues 444,500 12,087 113,563 (330,937) 25.55% Expenditures Wages / Benefits / Payroll Taxes 0 0 31,235 (31,235) 0.00% Small tools & minor equipment 10,000 13 6,753 3,247 67.53% Equipment repair & maintenance 0 0 530 (530) 0.00% Vehicle purchase 512,500 38,155 277,885 234,615 54.22% Total expenditures 522,500 38,168 316,403 206,097 60.56% Revenues over (under) expenditures (78,000) (26,081) (202,841) (537,034) Beginning working capital 1,425,472 1,425,472 Ending working capital 1,347,472 1,222,631 #602 - RISK MANAGEMENT FUND Revenues Investment Interest Transfers in - #001 0 964 2,703 2,703 0.00% 450,000 37,500 412,500 (37,500) 91.67% Total revenues 450,000 38,464 415,203 (34,797) 92.27% Expenditures Auto & Property Insurance 450,000 0 417,837 32,163 92.85% Unemployment Claims 0 3 3 (3) 0.00% Total expenditures 450,000 3 417,840 32,160 92.85% Revenues over (under) expenditures 0 38,461 (2,637) (66,957) Beginning working capital 392,820 392,820 Ending working capital 392,820 390,183 Page 17 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Eleven -Month Period Ended November 30, 2022 FIDUCIARY FUNDS #632 - PASSTHROUGH FEES & TAXES Revenues Passthrough Fees & Taxes Total revenues Expenditures Passthrough Fees & Taxes Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital Budget Year Elapsed = 2022 91.67% 2022 Budget Actual Actual through Budget November November 30 Remaining % of Budget 591,000 30,914 306,830 (284,170) 51.92% 591,000 30,914 306,830 (284,170) 51.92% 591,000 0 271,711 319,289 45.97% 591,000 0 271,711 319,289 45.97% 0 0 0 30,914 35,120 (603,459) 0 35,120 SUMMARY FOR ALL FUNDS Total of Revenues for all Funds Per Revenue Status Report Difference 110,189,920 110,189,920 10,674,312 10,674,312 82,713,412 82,713,412 Total of Expenditures for all Funds 107,377,468 5,799,901 62,325,769 Per Expenditure Status Report 107,377,468 5,799,901 62,325,769 Difference - Total Capital expenditures (included in total expenditures) 20,885,461 383,974 10,444,694 Page 18 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Investment Report For the Eleven -Month Period Ended November 30, 2022 Beginning Deposits Withdrawls Interest Ending 001 General Fund 101 Street Fund 103 Trails & Paths 104 Tourism Facilities Hotel/Motel 105 Hotel/Motel 106 Solid Waste Fund 107 PEG Fund 108 Affordable & Supportive Housing 120 CenterPlace Operating Reserve 121 Service Level Stabilization Reserve 122 Winter Weather Reserve 301 Capital Projects 302 Special Capital Projects 303 Street Capital Projects Fund 309 Parks Capital Project 310 Civic Buildings Capital Projects 311 Pavement Preservation 312 Capital Reserve Fund 314 Railroad Grade Separation Projects 315 Transportation Impact Fees 316 Economic Development Capital Proj 402 Stormwater Management 403 Aquifer Protection Fund 501 Equipment Rental & Replacement 502 Risk Management 632 Passthrough Fees & Taxes "Local Government Investment Pool 12/28/2022 LGI P" NW Bank CD #2068 Gesa CD #7868 Total Investments $ 93, 272, 522.72 $ 3,103, 958.92 $ 2,011,115.33 $ 98, 387, 596.97 3,737,684.85 0.00 0.00 3,737,684.85 0.00 0.00 0.00 0.00 288,414.24 0.00 0.00 288,414.24 $ 97,298,621.81 $ 3,103,958.92 $ 2,011,115.33 $ 102,413,696.06 matures: 7/23/2023 rate: 2.90% 12/15/2022 0.70% Balance Earnings Current Period Year to date Budget $ 54,304,267.04 $ 162,110.63 683,834.48 $ 200,000.00 934,587.00 2,770.32 7,171.09 500.00 30, 737.59 91.11 368.45 100.00 4, 359, 394.45 12, 922.19 52, 930.81 2,500.00 650,130.31 1,927.13 7,080.19 1,000.00 2,334,287.68 6,919.34 25,287.91 7,000.00 167,663.96 496.99 2,024.26 0.00 439, 950.31 1,304.11 4,952.28 0.00 0.00 0.00 0.00 0.00 5, 500, 000.00 0.00 0.00 0.00 366,234.73 1,085.60 4,613.81 800.00 5,246,492.53 15,551.74 60,430.82 2,000.00 6,273,203.03 18,595.14 73,550.17 5,000.00 0.00 0.00 5,391.25 0.00 0.00 0.00 0.00 0.00 707, 410.46 2,096.92 8,873.85 1,300.00 3, 828, 327.29 11, 347.99 44, 571.44 0.00 12, 226, 238.47 36, 241.23 153, 467.80 10, 000.00 0.00 0.00 517.66 0.00 543,977.91 1,612.47 5,941.64 0.00 0.00 0.00 0.00 0.00 2,086,776.79 6,185.66 26,122.39 2,000.00 1, 070, 064.62 3,171.90 11, 780.14 1,900.00 1,018,814.14 3,019.99 13,829.39 1,200.00 325,137.75 963.78 2,703.02 0.00 0.00 0.00 0.00 0.00 $ 102,413,696.06 $ 288,414.24 $ 1,195,442.85 $ 235,300.00 Page 19 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 11 30 CITY OF SPOKANE VALLEY, WA Sales Tax Receipts For the Eleven -Month Period Ended November 30, 2022 Month Received 2021 2022 12/28/2022 Difference February 2,934,890.06 3,202,171.48 267,281.42 9.11% March 2,445,374.71 2,441,337.89 (4,036.82) (0.17%) April 2,571,438.34 2,550,319.99 (21,118.35) (0.82%) May 3,369,522.86 3,153,928.13 (215,594.73) (6.40%) June 3,095,705.00 3,039,845.65 (55,859.35) (1.80%) July 3,127,275.84 3,009,859.02 (117,416.82) (3.75%) August 3,153,001.10 3,235,239.66 82,238.56 2.61% September 2,951,757.95 3,139,069.66 187,311.71 6.35% October 2,969,429.94 3,284,249.15 314,819.21 10.60% November 2,999,113.99 3,413,874.54 414,760.55 13.83% 29,617,509.79 30,469,895.17 December 2, 837, 332.76 January 2,915,354.54 35, 370,197.09 30, 469, 895.17 852,385.38 2.88% Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.9%. The tax that is paid by a purchaser at the point of sale is remitted by the vendor to the Washington State Department of Revenue who then remits the taxes back to the various agencies that have imposed the tax. The allocation of the total 8.9% tax rate to the agencies is as follows: - State of Washington 6.50% - City of Spokane Valley 0.85% - Spokane County 0.15% - Spokane Public Facilities District 0.10% * - Criminal Justice 0.10% - Public Safety 0.10% * 2.40% local tax - Juvenile Jail 0.10% * - Mental Health 0.10% * - Law Enforcement Communications 0.10% * - Spokane Transit Authority 0.80% * 8.90% Indicates voter approved sales taxes In addition to the .85% reported above that the City receives, we also receive a portion of the Criminal Justice and Public Safety sales taxes. The distribution of those taxes is computed as follows: Criminal Justice: The tax is assessed county -wide and of the total collected, the State distributes 10% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the County and the cities within the County. Public Safety: The tax is assessed county -wide and of the total collected, the State distributes 60% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the cities within the County. Page 20 P:\Finance\Finance Activity Reports\Tax Revenue\Sales Tax\2022\sales tax collections 2022 CITY OF SPOKANE VALLEY, WA Sales Tax Collections - October For the years 2013 through 2022 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 January 1,671,269 February 1,133,347 March 1,148,486 April 1,358,834 May 1,320,449 June 1,389,802 July 1,424,243 August 1,465,563 September 1,466,148 October 1,439,321 1,677,887 1,170, 640 1,201,991 1,448,539 1,400,956 1,462,558 1,545,052 1,575,371 1,552,736 1,594,503 1,732,299 1,197, 323 1,235,252 1,462,096 1,373,710 1,693,461 1,718,428 1,684,700 1,563,950 1,618,821 1,863,225 1,316,682 1,378,300 1,640,913 1,566,178 1,641,642 1,776,653 1,746,371 1,816,923 1,822,998 1,992,273 1,369,740 1,389,644 1,737,933 1,564,119 1,751,936 1,935,028 1,877,899 1,946,689 1,898,067 2,078,412 1,536,252 1,564,282 1,926,551 1,762,119 1,871,077 2,053,961 1,980,940 2,019,198 2,005,836 2,240,908 1,648,657 1,549,275 1,955,470 1,946,112 2,067,987 2,232,342 2,121,051 2,223,576 2,134, 985 2,253,852 1,776,898 1,687,355 1,627,596 1,651,937 2,291,842 2,368,495 2,393,597 2,258,489 2,431,920 2,615,326 2,185, 876 2,317, 671 3,029,090 2,768,743 2,795,920 2,804,930 2,623,934 2,627,997 2,648,748 2,834,686 2,161, 498 2,256,314 2,790,667 2,695,717 2,658,988 2,848,618 2,777,889 2,908,322 3,027,341 12/16/2022 2021 to 2022 Difference ok 219,360 8.39% (24,378) (1.12%) (61,357) (2.65%) (238,423) (7.87%) (73,026) (2.64%) (136,932) (4.90%) 43,688 1.56% 153,955 5.87% 280,325 10.67% 378,593 14.29% Collected to date 13,817,462 14,630,233 15,280,040 16,569,885 17,463,328 18,798,628 20,120,363 20,741,981 26,418,235 26,960,040 541,805 2.05% November 1,362,021 1,426,254 1,487,624 1,652,181 1,768,817 1,925,817 2,064,504 2,317,685 2,504,884 0 December 1,408,134 1,383,596 1,441,904 1,664,983 1,856,989 1,918,411 2,019,895 2,178,815 2,576,415 0 Total Collections 16,587,617 17,440,083 18,209,568 19,887,049 21,089,134 22,642,856 24,204,762 25,238,481 31,499,534 26,960,040 Budget Estimate 15,250,000 16,990,000 17,628,400 18,480,500 19,852,100 20,881,900 22,917,000 21,784,000 25,200,000 30,000,000 Actual over (under) budg 1,337,617 450,083 581,168 1,406,549 1,237,034 1,760,956 1,287,762 3,454,481 6,299,534 (3,039,960) Total actual collections as a % of total budget % change in annual total collected % of budget collected through October 108.77% 102.65% 103.30% 107.61% 106.23% 108.43% 105.62% 115.86% 125.00% n/a 7.52% 5.14% 4.41% 9.21% 6.04% 7.37% 6.90% 4.27% 24.81% n/a 90.61% 86.11% 86.68% 89.66% 87.97% 90.02% 87.80% 95.22% 104.83% 89.87% % of actual total collected through October 83.30% 83.89% 83.91% 83.32% 82.81% 83.02% 83.13% 82.18% 83.87% n/a Chart Reflecting History of Collections through the Month of October 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 0 October 1 ■ October ■ September ■ August ■ July ■ June ■ May ■ April ■ March ■ February ■ J an ua ry 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 21 P:\Finance\Finance Activity Reports\Tax Revenue\Lodging Tax\2022\105 hotel motel tax 2022 CITY OF SPOKANE VALLEY, WA Hotel/Motel Tax Receipts through - October Actual for the years 2013 through 2022 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 January 24,185 February 25,975 March 27,739 April 40,979 May 40,560 June 47,850 July 56,157 August 63,816 September 70,794 October 43,836 Total Collections 25,425 26,014 29,384 48,246 41,123 52,618 61,514 70,384 76,100 45,604 27,092 27,111 32,998 50,455 44,283 56,975 61,809 72,697 74,051 49,880 31,887 27,773 34,330 52,551 50,230 55,060 65,007 73,700 70,305 55,660 27,210 26,795 31,601 52,242 50,112 60,637 69,337 76,972 80,173 56,631 28,752 28,878 31,906 57,664 51,777 62,048 71,865 79,368 79,661 61,826 31,865 32,821 40,076 59,117 53,596 73,721 84,628 91,637 97,531 77,932 36,203 31,035 37,395 24,959 16,906 28,910 41,836 49,772 59,116 50,844 26,006 31,041 30,536 44,476 49,002 66,262 94,495 101,171 104,494 92,924 48,759 38,369 44,483 87,561 74,613 86,758 97,413 113,078 106,013 78,048 12/19/2022 2020 to 2021 Difference 22,753 87.49% 7,328 23.61% 13,947 45.67% 43,085 96.87% 25,611 52.27% 20,496 30.93% 2,918 3.09% 11,907 11.77% 1,519 1.45% (14,876) (16.01%) 441,892 476,411 497,351 516,503 531,710 553,745 642,924 376,976 640,407 775,095 134,688 21.03% November 42,542 39,600 42,376 46,393 47,090 52,868 59,252 39,694 62,322 0 December 34,238 33,256 41,510 33,478 37,180 40,363 41,675 26,573 41,708 0 Total Collections 518,672 549,267 581,237 596,374 615,980 646,976 743,851 443,243 744,437 775,095 Budget Estimate 490,000 530,000 550,000 580,000 580,000 580,000 600,000 346,000 750,000 600,000 Actual over (under) budg 28,672 19,267 31,237 16,374 35,980 66,976 143,851 97,243 (5,563) 175,095 Total actual collections as a % of total budget 105.85% 103.64% 105.68% 102.82% 106.20% 111.55% 123.98% 128.10% 99.26% n/a % change in annual total collected 5.85% 5.90% 5.82% 2.60% 3.29% 5.03% 14.97% (40.41%) 67.95% n/a % of budget collected through October 90.18% 89.89% 90.43% 89.05% 91.67% 95.47% 107.15% 108.95% 85.39% 129.18% % of actual total collected through October 85.20% 86.74% 85.57% 86.61% 86.32% 85.59% 86.43% 85.05% 86.03% n/a Chart Reflecting History of Collections through the Month of October 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 2013 2014 2015 2016 2017 October 2018 2019 2020 I ■ 1 2021 2022 • October September • August ■ July • June • May ■ April • March • February • January Page 22 P:\Finance\Finance Activity Reports\Tax Revenue\REET\2022\301 and 302 REET for 2022 CITY OF SPOKANE VALLEY, WA 1st and 2nd 1/4% REET Collections through October Actual for the years 2013 through 2022 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 January 56,898 February 155,226 March 72,172 April 90,377 May 116,165 June 139,112 July 128,921 August 117,150 September 174,070 October 117,806 Collected to date 61,192 67,049 81,724 105,448 198,870 106,676 208,199 172,536 152,323 123,505 96,141 103,508 165,868 236,521 165,748 347,421 217,375 202,525 179,849 128,833 104,446 83,583 220,637 205,654 192,806 284,897 248,899 231,200 178,046 253,038 153,661 124,514 282,724 169,060 202,734 248,768 449,654 472,420 187,348 207,895 239,437 146,892 310,562 218,842 646,397 277,424 302,941 261,626 259,492 584,792 120,809 199,209 193,913 347,528 263,171 465,044 327,636 300,312 335,824 225,216 212,512 242,927 203,774 197,928 258,784 329,801 234,040 365,838 381,224 381,163 277,311 283,644 497,974 470,818 380,346 426,592 408,246 666,645 471,991 440,971 420,393 239,226 543,267 381,096 521,957 564,764 397,408 1,059,352 218,701 386,071 12/19/2022 2021 to 2022 Difference 143,082 51.60% (44,418) (15.66%) 45,293 9.10% (89,722) (19.06%) 141,611 37.23% 138,172 32.39% (10,838) (2.65%) 392,707 58.91% (253,290) (53.66%) (54,900) (12.45%) 1,167,897 1,277,521 1,843,789 2,003,208 2,498,778 3,248,405 2,778,662 2,807,991 4,324,538 4,732,235 407,697 9.43% November 78,324 172,227 129,870 186,434 229,800 263,115 319,161 370,449 1,208,216 0 December 75,429 117,682 157,919 164,180 278,995 288,912 235,726 479,586 685,473 0 Total distributed by Spokane County 1,321,650 1,567,429 2,131,578 2,353,822 3,007,573 3,800,432 3,333,549 3,658,026 6,218,227 4,732,235 Budget estimate 975,000 1,100,000 1,400,000 2,000,000 2,000,000 3,000,000 2,800,000 2,000,000 4,000,000 4,000,000 Actual over (under) budget 346,650 467,429 731,578 353,822 1,007,573 800,432 533,549 1,658,026 2,218,227 732,235 Total actual collections as a % of total budget 135.55% 142.49% 152.26% 117.69% 150.38% 126.68% 119.06% 182.90% 155.46% n/a % change in annual total collected 11.47% 18.60% 35.99% 10.43% 27.77% 26.36% (12.28%) 9.73% 69.99% n/a % of budget collected through October 119.78% 116.14% 131.70% 100.16% 124.94% 108.28% 99.24% 140.40% 108.11% 118.31% % of actual total collected through October 88.37% 81.50% 86.50% 85.10% 83.08% 85.47% 83.35% 76.76% 69.55% n/a Chart Reflecting History of Collections through the Month of October 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 October 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 • October • September • August • July • June • May • April March • February • January age 23 P:\Finance\Finance Activity Reports\Debt Capacity\2022\debt capacity 2022 CITY OF SPOKANE VALLEY, WA Debt Capacity 2021 Assessed Value for 2022 Property Taxes 12,919,694,944 Voted (UTGO) Nonvoted (LTGO) Voted park Voted utility 1.00% of assessed value 1.50% of assessed value 2.50% of assessed value 2.50% of assessed value Maximum Outstanding Remaining Debt as of Debt % Capacity 12/31/2021 Capacity Utilized 129,196, 949 193, 795, 424 322, 992, 374 322, 992, 374 968, 977,121 0 129,196, 949 9,810,000 183, 985, 424 0 322, 992, 374 0 322, 992, 374 9,810,000 959,167,121 0.00% 5.06% 0.00% 0.00% 1.01% Bonds Repaid Bonds Remaining 2014 LTGO Bonds Road & LTGO Bonds Period Street 2016 LTGO Grand Ending CenterPlace Improvements Total Bonds Total 12/1/2014 12/1/2015 12/1/2016 12/1/2017 12/1/2018 12/1/2019 12/1/2020 12/1/2021 12/1/2022 12/1/2023 12/1/2024 12/1/2025 12/1/2026 12/1/2027 12/1/2028 12/1/2029 12/1/2030 12/1/2031 12/1/2032 12/1/2033 12/1/2034 12/1/2035 12/1/2036 12/1/2037 12/1/2038 12/1/2039 12/1/2040 12/1/2041 12/1/2042 12/1/2043 12/1/2044 12/1/2045 225,000 175,000 185,000 190,000 230,000 255,000 290,000 320,000 350,000 135,000 125,000 130,000 130,000 135,000 140,000 140,000 145,000 150,000 360,00 300,00 315,000 320,000 365,000 395,000 430,000 465,000 500,000 0 0 75,000 150,000 155,000 160,000 165,000 170,000 175,000 360,000 300,000 390,000 470,000 520,000 555,000 595,000 635,000 675,000 2,220,000 1,230,000 3,450,000 1,050,000 4,500,000 390,000 155,000 545,000 180,000 430,000 0 430,000 185,000 465,000 0 465,000 195,000 505,000 0 505,000 00,000 395,000 0 395,000 : 05,000 300,000 0 300,000 215,000 245,000 0 245,000 2 ' 0,000 225,000 0 225,000 2 . 000 180,000 0 180,000 23' , 000 130,000 0 130,000 24 ' 000 165,000 0 165,000 250, 000 0 0 0 260, 100 0 0 0 270, 600 0 0 0 280, 010 0 0 0 290,060 0 0 0 305,001 0 0 0 315,00 0 0 0 330,000 0 0 0 340,000 0 0 0 355,000 0 0 0 365,000 0 0 0 375,000 0 0 0 390,000 725,000 615,000 660,000 705,000 600,000 515,000 465,000 450,000 415,000 370,000 415,000 260,000 270,000 280,000 290,000 305,000 315,000 330,000 340,000 355,000 365,000 375,000 390,000 3,430,000 155,000 3,585,000 6,225,000 9,810,000 5,650,000 1,385,000 7,035,000 7,275,000 14, 310, 000 Page 24 P:\Finance\Finance Activity Reports\Tax Revenue\MVFT\2022\motor vehicle fuel tax collections 2022 CITY OF SPOKANE VALLEY, WA Motor Fuel (Gas) Tax Collections - October For the years 2013 through 2022 2013 2014 2015 I 2016 2017 2018 2019 2020 2021 2022 January 146,145 February 145,998 March 135,695 April 156,529 May 151,595 June 167,479 July 155,348 August 173,983 September 195,397 October 133,441 152,906 148,118 131,247 156,269 156,850 161,965 157,805 172,308 173,299 160,539 152,598 145,455 140,999 157,994 156,259 164,872 168,205 186,277 174,505 161,520 163,918 163,037 145,537 167,304 171,829 157,737 177,427 177,567 194,640 166,369 150,654 164,807 138,205 168,000 174,211 174,838 177,019 195,780 184,342 163,780 162,359 175,936 139,826 168,796 193,986 144,308 194,267 205,438 180,874 158,062 148,530 181,823 131,009 144,080 185,669 175,985 169,733 195,107 180,605 162,187 152,686 170,461 146,280 90,589 130,168 128,359 138,932 136,633 195,550 160,272 143,576 150,882 117,784 141,080 175,706 156,670 163,103 185,516 178,022 161,171 162,156 156,245 135,183 160,396 181,782 162,670 190,587 192,966 173,143 142,054 Collected to date 1,561,610 1,571,306 1,608,684 1,685,365 1,691,636 1,723,852 1,674,728 1,449,930 1,573,510 1,657,182 November 164,303 165,871 181,771 176,178 194,814 199,282 196,240 175,980 187,269 0 December 142,140 141,298 153,338 152,787 154,298 148,960 155,728 119,282 149,169 0 Total Collections 1,868,053 1,878,475 1,943,793 2,014,330 2,040,748 2,072,094 2,026,696 1,745,192 1,909,948 1,657,182 Budget Estimate 1,868,900 1,866,400 1,867,700 2,013,400 2,048,900 2,061,100 2,039,500 1,715,000 1,808,700 1,904,000 Actual over (under) budg (847) 12,075 76,093 930 (8,152) 10,994 (12,804) 30,192 101,248 (246,818) Total actual collections as a % of total budget 99.95% 100.65% 104.07% 100.05% 99.60% 100.53% 99.37% 101.76% 105.60% n/a % change in annual total collected 1.14% 0.56% 3.48% 3.63% 1.31% 1.54% (2.19%) (13.89%) 9.44% n/a % of budget collected through October 83.56% 84.19% 86.13% 83.71% 82.56% 83.64% 82.11% 84.54% 87.00% 87.04% % of actual total collected through October 83.60% 83.65% 82.76% 83.67% 82.89% 83.19% 82.63% 83.08% 82.38% n/a Chart Reflecting History of Collections through the Month of October 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 i i October 12/19/2022 2021 to 2022 Difference ok 18,580 12.94% 5,363 3.55% 17,399 14.77% 19,316 13.69% 6,076 3.46% 6,000 3.83% 27,484 16.85% 7,450 4.02% (4,879) (2.74%) (19,117) (11.86%) 83,672 5.32% October September • August ■ July ■ June • May • April ■ March ■ February • J a nu a ry 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 25 P:\Finance\Finance Activity Reports\Tax Revenue\Telephone Tax\2022\telephone utility tax collections 2022 CITY OF SPOKANE VALLEY, WA Telephone Utility Tax Collections - For the years 2013 through 2022 January February March April May June July August September October Collected to date November December Total Collections Budget Estimate Actual over (under) budg Total actual collections as a % of total budget % change in annual total collected % of budget collected through October % of actual total collected through October October 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 217,478 216,552 223,884 214,618 129,270 293,668 213,078 211,929 210,602 205,559 210,777 205,953 208,206 206,038 210,010 210,289 205,651 205,645 199,193 183,767 177,948 212,845 174,738 214,431 187,856 187,412 190,984 185,172 183,351 183,739 182,167 173,971 177,209 171,770 174,512 170,450 174,405 171,909 170,476 166,784 162,734 163,300 162,536 157,285 161,506 156,023 157,502 150,644 155,977 153,075 130,196 164,060 158,416 146,519 149,434 150,780 147,281 148,158 141,290 142,925 136,615 132,538 138,727 126,455 135,704 129,602 130,723 127,303 128,018 127,214 123,292 121,596 121,938 120,016 118,018 117,905 120,922 112,351 91,866 90,272 (333) 155,911 100,566 83,109 94,864 85,949 86,834 85,251 87,391 86,941 81,439 80,730 81,038 81,613 85,285 63,094 107,597 82,146 90,114 85,478 2,136,638 212,947 213,097 2,562,682 2,900,000 (337,318) 2,045,529 213,454 202,077 2,461,060 2,750,000 (288,940) 1,898,476 175,235 183,472 2,257,183 2,565,100 (307,917) 1,733,653 166,823 168,832 2,069,308 2,340,000 (270,692) 1,580,582 151,208 161,115 1,892,905 2,000,000 (107,095) 1,479,059 139,209 140,102 1,758,370 1,900,000 (141,630) 1,312,899 125,027 126,226 1,564,152 1,600,000 (35,848) 1,138,176 88,212 92,242 1,318,630 1,521,000 (202,370) 866,483 838,534 82,797 84,635 1,033,915 1,000,000 33,915 0 0 838,534 932,000 (93,466) 88.37% 89.49% 88.00% 88.43% 94.65% 92.55% 97.76% 86.69% 103.39% n/a (6.32%) (3.97%) (8.28%) (8.32%) (8.52%) (7.11%) (11.05%) (15.70%) (21.59%) n/a 73.68% 74.38% 74.01% 74.09% 79.03% 77.85% 82.06% 74.83% 86.65% 89.97% 83.38% 83.12% 84.11% 83.78% 83.50% 84.12% 83.94% 86.32% 83.81% n/a Chart Reflecting History of Collections through the Month of October 2,500,000 2,000,000 1,500,000 1,000,000 500,000 (500,000) October 2013 2014 1 2015 1 2016 1 2017 2018 2019 2020 2021 1/4/2023 2020 to 2021 Difference $ % 81,772 (24556.16%) (75,181) (48.22%) (19,528) (19.42%) (1,496) (1.80%) (9,579) (10.10%) (22,855) (26.59%) 20,763 23.91% (3,105) (3.64%) 2,723 3.12% (1,463) (1.68%) (27,949) (3.23%) 2022 October September • August ■ July i June • May • April • March • February ■ January Page 26 Dave Ellis Chief ofPolice Spokane Valley Police Department Accredited Since 2011 Services provided in partnership with the Spokane County Sheriff's Office and the Community, Dedicated to Your Safety. John Nowels ShenIT TO: John IIohrnan, City Manager FROM: Dave Ellis, Chief of Police DATE: January 16, 2023 RE: Monthly Report for Novernber/December 2022 ADMINISTRATIVE: The Sheriff's Office welcomed one new deputy in December: • Deputy Austin Skinner is 29 years old, married, and has four children. He was born and raised in Paradise, California. He has an AA degree in Social and Behavioral Science from Butte College (Oroville, CA). He comes to us from the California Highway Patrol (Napa office) where he had served since 2016 as a patrol officer and field training officer. Chief Ellis, in early November, attended a Community Meeting with the Chamber of Commerce at CenterPlace, to discuss crime and homelessness. Community Outreach for Suicide Prevention hosted a dinner and resource fair in early November, which Chief Ellis attended. Internationally known speaker and filmmaker Kevin Hines spoke during the event and participated in a Q&A with a panel of local experts. Quarterly Leadership for the Spokane Sheriffs Office was held in mid -November, which was attended by Chief Ellis and other command staff and members of the Sheriff's Office. The semi-annual Washington Association of Sheriffs and Police Chiefs (WASPC) Conference was held in Skamania in mid -November. Chief Ellis along with former Sheriff Knezovich and current Sheriff Nowels attended the week-long event. Sheriff Knezovich was recognized for his tenure as the Spokane County Sheriff. In early December, Chief Ellis traveled to Mulalteo to attend a training hosted by the local chapter of the FBI National Academy. The Spokane Regional Safe Streets Task Force held their monthly Board of Directors meeting, which Chief Ellis attended. Page 1 In mid -December, Chief Ellis traveled to Burien, Washington, to the Basic Law Enforcement Academy Graduation, where he presented Deputy Christopher Harris with his peace officer certification and badge. SHERIFF'S COMMUNITY ORIENTED POLICING EFFORT (SCOPE): In the month of November, S.C.O.P.E. participated in: • Midway Elementary Turkey Trot, • Turkey Drive in Elk • Food giveaway at Valley Partners • Elk Shopping for the Toy giveaway for December In the month of December, S.C.O.P.E. participated in: • Holiday and Heroes • Orchard Center Elementary bike safety Seminar • SCOPE staff attended a Kiwanis meeting • Parade of Lights • SCOPE North, pancake breakfast with Santa • Elk Christmas Toy giveaway • City Hall Christmas tree lighting • Toys for Tots Spaghetti feed and auction at VFW November 2022 Volunteers Hours per Station *Includes estimated volunteer service hours that arc provided in the City of Spokane Valley. These two locations cover both Sp Location # Volunteers Admin Hours L.E. Hours Total Hours Central Valley 9 69.5 45 114.5 East Valley* 17 96.5 201 297.5 Edgecliff 6 94 4.5 98.5 Trentwood 4 77 76.5 153.5 University 10 77 27.5 104.5 West Valley* 12 149.5 64.5 214 TOTALS 58 563.5 419 982.5 Volunteer Value ($34.87 per hour) $34,259.78 for November 2022 December 2022 Volunteers Hours per Station *Includes estimated volunteer service hours that are provided in the City of Spokane Valley. These two locations cover both Sp Location # Volunteers Admin Hours L.E. Hours Total Hours Central Valley 7 60.5 4.5 65 East Valley* 18 136 163.5 299.5 Edgccliff 8 72.5 1 73.5 Trentwood 7 82 42.5 124.5 University 13 85 26.5 111.5 West Valley* 12 160.5 82.5 243 TOTALS 65 596.5 320.5 917 Volunteer Value ($34.87 per hour) $31,975.79 for December 2022 Page 2 SCOPE DISABLED PARKING ACTIVITY REPORT City of Spokane Valley # of Vol. # of Hrs. # of Disabled Infractions Issued # of Warnings Issued # of Non - Disabled Infractions Issued January 0 0 0 0 0 February 2 6 0 11 0 March 3 11 0 24 53 April 2 9 1 4 0 May 4 11 2 12 0 June 2 5 0 6 0 July 2 5 0 12 0 August 5 16.5 1 33 0 September 2 7 0 6 0 October 0 0 0 0 0 November 0 0 0 0 0 December 0 0 0 0 0 YTD Total 22 70.5 4 108 53 Spokane County # of Vol. # of Hrs. # of Disabled Infractions Issued # of Warnings Issued # of Non - Disabled Infractions Issued January 2 7.5 0 12 0 February 2 5 0 10 0 March 2 5.5 0 4 0 April 2 3 0 0 0 May 3 10 2 2 0 June 0 0 0 0 0 July 0 0 0 0 0 August 0 0 0 0 0 September 1 3.5 0 7 0 October 1 5 0 7 0 November 0 0 0 0 0 December 0 0 0 0 0 YTD Total 13 39.5 2 42 0 Page 3 The Latent Print Team received 34 incidents in November that generated 6 appointments, 28 cancellations, processing of 2 vehicles with prints found and 4 vehicles with no prints found; 23 of the 34 incidents occurred in Spokane Valley and none of the 3 vehicles processed resulted in prints found. The Latent Print Team closed the garage in December, until the weather warms up a little. S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 41 on -scene hours (including travel time) in November and 31 in December; 11 of those hours in November and 12 in December were for incidents in Spokane Valley, responding to crime scenes, motor vehicle accidents and providing traffic control. There were two special events in November and one in December: one was in Spokane Valley, namely the Parade of Lights. Total volunteer hours contributed by SIRT, including training, stand-by, response and special events is 1,045 for November and 1,047 for December; total for 2022 is 14,785. Abandoned Vehicles October 2022 November 2022 December 2022 Tagged for Impounding 79 48 35 Vehicles Towed 27 19 16 Hulks Processed 15 8 0 Total Vehicles Processed 207 132 87 Yearly Total of Vehicles Processed 1744 1876 1963 OPERATIONS: Wanted Suspect Captured and Arrested After Ramming Patrol Cars and a Pursuit - Spokane Valley Deputies attempted to stop a suspect vehicle believed to have fled from deputies several times before. The registered owner was the suspected driver and was also a suspect in a burglary and theft case. While attempting to initiate a traffic stop in a parking lot, 15727 E. Broadway, the suspect rammed a fully marked patrol car with a deputy inside and struck another fully marked patrol car while attempting to flee. A pursuit was initiated, spike strips were successfully deployed, and a PIT maneuver ended the pursuit near Pines and Valleyway. The adult male driver and an adult female passenger were successfully detained. The suspect was charged with multiple felony/misdemeanor charges. The passenger was released at the scene without being charged. The suspect's vehicle was seized pending a search warrant. No one was injured during this incident. However, five patrol cars were damaged, with two needing to be towed back to the Spokane Valley Precinct to be repaired and inspected prior to being put back into service. *** (Pursuit Intervention Technique (PIT) - A low -speed maneuver (no more than 45 mph) designed to cause the suspect vehicle to spin out, stall and come to a stop. PIT is NOT Ramming) *** In late November, at approximately 11:00 p.m., Spokane Valley Deputy E. Jones observed a silver Chrysler 300, with a dark -colored roof and hood, parked in the parking lot at 15727 E. Broadway. Deputy E. Jones noted a vehicle matching this description had been involved in multiple (three or more) recent eluding incidents where the driver recklessly fled without regard for the safety of the public, himself, or deputies. The vehicle was registered to a 28-year-old male suspect, and he was suspected of being the driver during these incidents as well as committing a burglary and theft 2" a Degree. During these incidents, his actions were extremely dangerous and reckless as he drove into oncoming travel lanes, creating a substantial risk to the public, and pursuits were not authorized due to the limitations set forth by Washington State law. Deputy E. Jones called for additional patrol units Page 4 to assist while waiting from a distance and observing. As deputies formulated a plan to safely contact the male suspect, with the goal of eliminating his ability to flee in the vehicle placing the public in danger, the Chrysler began to drive toward a parking lot exit. Deputies quickly moved in with their emergency lights activated. The male suspect stopped momentarily as the patrol cars converged, working on cutting off any avenues of escape. One patrol car moved in behind the Chrysler and made contact with the bumper with the intent to stop the suspect from backing away from the patrol cars approaching from the front of his vehicle. The male suspect put the vehicle in reverse and attempted to back up but was unable. Then he placed the car in drive and accelerated forward, violently striking the front of Deputy K. Smith's marked patrol car. He then put the vehicle in reverse and backed up again, striking Deputy E. Jones' marked patrol car. With probable cause to charge the male suspect with Assault 2nd Degree, a violent felony allowing a pursuit to be conducted by state law, deputies pursued the suspect as he fled. The male suspect fled west on Broadway as a supervisor authorized the pursuit, including the use of PIT and spike strips. With traffic being light, the pursuit was allowed to be continued as supervisors continued to monitor and evaluate. Deputy Ball successfully deployed spike strips, hitting one of the Chrysler's tires near Broadway and University. Sergeant Palmer advised pursuing deputies to give the male suspect space to allow his tire to deflate, hoping he would slow down or stop his reckless behavior. The male suspect turned on University, heading south toward Sprague. Sergeant Palmer, positioned at the intersection of University and Sprague, observed the suspect approaching without any deputies behind him. The male suspect blew through the red light at an estimated 60 mph and continued south on University Road. With the suspect's continued reckless behavior and his apparent lack for the safety of the public, Sergeant Palmer pulled in behind the suspect, activated his emergency lights, and reinitiated the pursuit while Sergeant Depriest took control of monitoring the pursuit. The male suspect then drove into oncoming travel lanes and through the red light at 4tn Avenue. With no traffic in the intersection, they continued to 8thi Avenue and turned east at approximately 20 mph. On 8th Avenue, Sergeant Palmer noted it appeared the suspect had turned off his lights as the rear lights of the Chrysler were now off. The male suspect weaved through vehicles at Bowdish while traveling 10-15 mph and turned north, accelerating rapidly. As they approached Bowdish and Sprague, patrol cars were positioned to hold traffic at the intersection to avoid a possible collision. The male suspect then turned east on Sprague and immediately moved into the westbound lanes of travel. With light traffic in the distance, Sergeant Palmer moved his patrol ear into position to attempt a PIT maneuver, but the suspect accelerated to approximately 70 mph, eliminating the ability to use PIT. With traffic yielding to the oncoming emergency lights, the male suspect continued to Pines Road without his lights on. He slowed to approximately 20 mph and turned into the parking lot located on the northwest corner of Sprague and Pines before traveling north on Pines in the southbound lanes of travel. Sergeant Palmer could not see if any vehicles were approaching in the southbound lanes due to the slight hill. Concerned traffic could be coming on this highly traveled roadway and knowing they would be unable to see nor predict the suspect was traveling north in the southbound lanes without headlights, Sergeant Palmer quickly positioned his patrol car to attempt a PIT maneuver. The attempt was successful, and the suspect's vehicle spun over a small - curbed median, but he was able to regain control and attempted to drive away. Sergeant Palmer again positioned himself to attempt another PIT, but the suspect turned into the PIT trying to defeat it, which caused his vehicle to be pushed into the curb and stop, ending the pursuit. Multiple deputies converged on the scene, surrounding the suspect's vehicle. After numerous commands were given, the male suspect and the adult female passenger were safely taken into custody. After being advised of her rights, the female said she told the male suspect to stop multiple times. The suspect, also advised of his rights, stated he tried to run because he was scared, and that the female told him to stop several times. He and the female have a child in common. Thankfully, no uninvolved member of the public, the suspect, his passenger, or any deputies were injured despite the suspect's actions during this Page 5 incident. However, five patrol cars received damage, with two needing to be towed and taken out of service until they could be inspected for safety. The suspect's vehicle was seized pending a search warrant. The male suspect was transported and booked into the Spokane County Jail for Assault 2"d Degree, Attempting to Elude a Police Vehicle, two counts of felony Malicious Mischief 2nd Degree, misdemeanor Criminal Trespass 2nd Degree, and misdemeanor Reckless Endangerment 2nd Degree (DV). An unrelated felony charge of Theft 2"d Degree was added the following morning. He remains incarcerated on a $40,000 bond. Scammers Attempt to Use Fear to Gain Money from Parent - Scammers demanded $1,300 from a man, telling him they had kidnapped his teenage daughter. An alert employee called in the suspicious incident, realizing this was probably a scam. The father stated he heard a female crying in the background of the call and believed it sounded like his daughter. His daughter was unharmed at a safe location and had not been contacted by the scammers. Don't let scammers use fear and intimidation to steal your money. In mid -December, at approximately 2:55 p.m., Spokane Valley Deputies responded to a welfare check at a Money Tree in Spokane Valley. An employee said a male entered the business, handed her a note telling her to call 911, and that people had been kidnapped. Deputies arrived and contacted the potential victim, who appeared frantic and distraught. He pointed toward his Bell phone, telling deputies to keep their voices down. During the contact, deputies learned the man received a call, and what he described as an "older" Hispanic - sounding male said they had the potential victim's daughter. The victim explained he could hear a female crying in the background that sounded like his teenage daughter, and he believed she was in danger. The stammer told the victim to go to Money Tree, demanding $1,300 in payment while he remained on the phone. Deputies contacted the victim's daughter and confirmed she was where she was supposed to be and was unharmed. The suspect scammer hung up when a deputy identified himself as law enforcement. These scammers can be very persuasive and tailor their stories to provoke high levels of fear. They use extreme fear to intimidate potential victims, causing victims to believe a loved one is in danger. This can be devastating, causing the victim to focus solely on saving their loved one, not realizing they are being scammed. Don't let scammers use intimidation to convince you of your worst fears and steal your money. They can be very compelling and have the one story that can be used to evoke your worst fears, paralyzing you and your ability to process that this is a trick, a scam. For more information regarding Common Scams and Frauds or to report incidents, please go to the usa.gov website. https://www.usa.gov/common-scams-frauds Report Telephone Scams It's important to report phone scams to federal agencies. They can't investigate individual cases. But your report can help them collect evidence for lawsuits against scammers. • Report telephone scams online to the Federal Trade Commission. You can also call l-877-382- 4357. The FTC is the primary government agency that collects scam complaints. Page 6 Armed Suspect Arrested with 900+ Suspected Fentanyl Pills, Methamphetamine and Cash - Spokane Valley Deputies, assisting Spokane Valley Investigative Unit Detectives, contacted and arrested an armed suspect in connection to a Spokane Valley Burglary investigation. At the time of his arrest, a loaded semiautomatic pistol and over 23 grams of Methamphetamine were recovered from the suspect's pockets. The suspect's vehicle was seized and after obtaining a search warrant, two additional handguns, over 900 suspected Fentanyl pills, stolen credit cards, and stolen property with the store loss prevention tags still attached were seized. The suspect was transported and booked into the Spokane County Jail for Possession of a Controlled Substance with Intent to Deliver and Concealed Firearms 4. Violation. This investigation continues, and additional charges and arrests are possible. All four occupants were residents of the camp and were trespassed w, from the property by camp staff. In early December, at approximately 10:45 a.m., Spokane Valley Investigative Unit (SVIU) Detectives, with the assistance of. Spokane Valley Patrol Deputies, contacted four people in a 2003 white Aura in the 3200 block of E. Pacific (WSDOT Camp). The contact was made in connection to an ongoing burglary investigation that had occurred at Superstore 24, 13415 E. 32" d Avenue in Spokane Valley in mid -October. SVIU investigators gained information and evidence to seize the white Acura in connection with the October burglary. In early December, they learned the vehicle was in the parking area of the WSDOT Camp. They located and began to surveil the Acura. At approximately 10:45 a.m., with the aid of Spokane Valley marked patrol cars and uniformed deputies, they moved in and blocked the Acura, detaining the four occupants. The driver, identified as a 20-year-old male, was found to have a loaded pistol in his pocket, and 23+ grams of suspected Methamphetamine were found when he was booked into jail. The substance was field tested and showed a presumptive positive result for Methamphetamine. Multiple small blue pills ("Mexis") believed to contain Fentanyl were observed on the seats and floor of the vehicle, along with cash. The Acura was seized as evidence pending a search warrant. The three passengers in the vehicle were detained and later released without charges. All four occupants of the Acura were residents of the camp and were trespassed from the property by camp staff. During an interview, after being advised of his rights, the male suspect initially claimed he had just purchased the vehicle and found a backpack that contained the handgun and suspected Fentanyl. He later admitted he had been selling "Mexis" for approximately 1.5 months. He purchased the pistol "for protection" from a person he knows. The suspect was transported and booked into the Spokane County Jail for Possession of a Controlled Substance with Intent to Deliver and a Concealed Firearm Violation. In the following days, SVIU Investigators searched the Acura after obtaining a valid search warrant. They located two additional handguns, over 900 suspected Fentanyl ("Mexis") pills, stolen credit cards, and property that still had the store loss prevention tags attached. This remains an active investigation and additional arrests and charges are possible. Major Crimes Detectives Investigate Shooting on N. Cherry - Spokane Valley Major Crimes Detectives investigated a shooting at an apartment complex on N. Cherry Street in Spokane Page 7 Valley. An adult male was detained, and the adult male victim was transported to the hospital for a potentially life -threatening gunshot wound to his leg. This remains an active investigation, and Detectives ask anyone who witnessed or has information about this incident to call Crime Check at 509-456-2233, reference #10172358. In late December, at approximately 4:35 p.m., Spokane Valley Deputies responded to the report of a shooting at an apartment complex in the 2800 block of N. Cherry Street in Spokane Valley. The caller reported a male had just shot at a person inside a vehicle in the complex's parking lot. The victim in the car fled, and the suspect remained at the Iocation. Deputies arrived, quickly locating the male believed to be the shooter, and detained him without incident. Spokane Valley and Spokane County Deputies began searching for the adult male victim and/or the vehicle driven from the scene. At approximately 4:40 p.m., a male believed to be the victim called 911, reporting he had been shot. Deputies contacted the victim, who was not cooperative with specific information, in the parking lot of Plantes Ferry Park and immediately provided medical aid. The victim was transported to the hospital for additional treatment for a potentially life -threatening injury, a gunshot wound to his upper leg. Initial information indicates the shooting began as an argument between the two men that escalated. Major Crimes Detectives and Spokane County Forensic personnel responded to the location. Investigators requested a search warrant for an apartment connected to the investigation and conducted a search for evidence. Although the male shooter is detained at this time, he may face criminal charges depending on the facts learned during the investigation. At this time, detectives do not believe any suspects are outstanding or that there is an ongoing threat to the public in connection to this incident. Help our Deputies/Investigators Hold Criminals Accountable while Keeping Your Neighborhood Safe - If you have a home or business surveillance system, we would like you to join our VIP (Video Identification Program) program. This is a voluntary program, and we are only asking for locations of security systems that may help investigators quickly find video footage if a crime occurred in your area. We are NOT asking for access to your system. What is it? The VIP program lets us know where video footage might be found in the event a significant incident or crime occurred in the area. With this information, investigators would know the potential locations where video evidence of the actual incident, or a suspect/vehicIe entering or leaving the area where the crime occurred, might be found. This type of evidence and the ability to obtain it quickly is invaluable. Are you asking for access to remotely access my surveillance system? No, not at all. We merely ask you to let us know that you have a system and what direction/area it may have recorded. Investigators can then easily access a map of surveillance cameras locations in the area where a crime was committed, including possible routes VIP Video Identification Program CLICK HERE to voluntarily ioln the YIP program taken by the suspect(s) as they Page 8 arrived or fled the scene. In addition, they would have your contact information allowing them to contact locations that may have this valuable evidence recorded. How do T join? It's easy. Go to our website (www.spokanesheriff.org), click on the VIP icon, and provide your information. You can also copy and paste this direct link into your internet browser https://survey 123.arcgis.corn/share/4405709204ca4dce877e 163bb26fece6 Thank you for your continued support and your willingness to help us keep our community safe. Spokane County Sheriff's Office and Spokane Valley Police would like to join with you to potentially solve crimes or locate evidence of crimes faster and more effectively. We are asking business and private residences to advise us if they have recorded surveillance systems and whom we would contact if a significant incident occurred in their area. We encourage residents who have operational surveillance cameras outside their home to go to the Sheriff's website and register their home and video cameras. Thank you. https://www.spokanecounty.org/1080/Sheriff LOCK OBSERVE CARS SHOULD KEEP GARAGE ITEMS IN AND REPORT NEVER RUN DOORS CLOSED YOUR TRUNK UNATTENDED Page 9 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 IBR Count by District Time Period: November 2022 Sokane Va11ev Districts Unincorporated Districts IBR Offense 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DP FP LAH ML MW RF SPA WAV OTHER TOTAL 09A Murder/NonNeg]igent O a o 0 0 0 0 ri Lr7 Co N o n o 0 N 0 0 0 .-S 0 0 0 0 0 m N 0 O 0 O CS N CD CD.- I ri N rn r, N O 0 O O N 0 0 ,-i ri 1-1 O O H Cr/ M N 0 O O 0 N 4 o N 0 0 0 ri Li) D0 lD 0 0 0 0 V 4 N 0 0 0 r-I N 0 0 N 0 4 O O V Manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09B Negligent Manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100 Kidnapping/Abduction 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 7 11A Rape - Forcible 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 5 11B Sodomy- Forcible 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11C Sex Assault With Object 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11D Fondling- Forcible 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 4 120 Robbery 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 13A Aggravated Assault 1 0 0 1 1 1 4 0 0 0 0 0 0 0 0 0 0 4 35 13B Simple Assault 6 3 3 1 3 1 7 2 0 0 1 0 7 0 0 0 0 4 92 13C Intimidation 2 0 4 0 1 1 0 1 0 1 0 0 0 0 0 0 0 2 28 36A Incest 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 363 Rape - Statutory 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 64A Human Trafficking - Commercial Sex Acts 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 648 Human Trafficking - Involuntary Servitude 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 Violation of Protection Orders 2 5 3 1 0 1 1 2 0 0 0 0 0 1 0 0 0 2 33 Total Crimes Against Persons 27 27 24 26 7 16 11 9 11 4 6 4 13 7 0 1 1 0 7 1 0 0 0 12 214 200 Arson 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 210 Extortion/Blackmail 2 0 0 0 0 2 1 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 7 220 Burglary/Breaking & Entering 21 9 6 6 3 13 7 1 1 8 2 0 6 3 0 1 0 0 0 1 1 0 0 9 98 23A Theft - Pocket -Picking 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2313 Theft - Purse Snatching 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 23C Theft - Shoplifting 42 2 3 24 5 6 2 0 0 3 0 0 2 0 0 1 0 0 2 5 0 0 0 2 99 230 Theft From Building 7 8 6 5 3 9 2 3 0 5 0 1 3 0 0 1 0 3 0 0 0 0 0 3 56 23E Theft From Coin Operated Machine 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 23FTheft From Motor Vehicle 13 19 20 14 13 12 6 4 5 14 3 1 21 3 0 0 0 0 2 1 1 0 0 6 158 23G Theft of Motor Vehicle Parts/Accessories 9 11 6 6 4 9 1 2 1 2 1 1 4 1 0 1 0 0 1 0 0 1 0 4 65 23H Theft- All Other 23 10 11 13 4 16 7 6 7 3 4 1 6 2 0 5 0 0 1 2 0 0 0 14 1 135 240 Motor Vehicle Theft 20 12 5 14 6 9 3 3 1 2 4 2 5 1 0 2 0 0 1 1 0 0 0 6 97 250 Counterfeiting/Forgery 1 4 1 4 1 0 2 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 1 16 26A Fraud - False Pretense/Swindling 8 6 3 5 3 4 3 1 3 5 3 2 3 5 0 0 0 0 0 1 0 0 0 2 57 268 Fraud - Credit Card/ATM 4 3 3 1 2 2 3 1 0 5 1 1 6 0 0 0 0 0 0 0 0 0 0 5 37 26C Fraud - Impersonation 0 2 1 2 0 1 0 0 2 1 0 2 0 0 0 0 0 0 0 0 0 0 0 2 13 26D Welfare Fraud 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 26FIdentityTheft 1 4 2 5 0 2 2 1 2 2 2 3 1 2 0 0 0 0 0 0 1 0 0 1 31 26G Hacking/Computer Invasion 0 2 0 0 0 2 1 0 0 0 1 4 1 0 0 0 0 0 0 0 0 0 0 2 9 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 IBR Count by District Time Period: November 2022 Spokane Valley Districts Unincorporated Districts IBR Offense 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DP FF LAH ML MW RF SPA WAV OTHER TOTAL 270 Embezzlement 0 0 0 0 0 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4 280 Stolen Property offense (Receiving, etc.) 3 0 0 0 2 2 2 1 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 4 17 290 Destruction/Vandalism 36 34 23 31 12 24 16 8 3 17 8 4 18 6 0 2 0 0 3 0 1 1 0 19 266 Total Crimes Against Property 192 126 90 131 58 115 58 31 25 69 31 19 78 23 0 14 0 0 10 11 4 2 0 82 1169 35A Drugs/Narcotics Violation 0 1 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 7 35B Drug Equipment Violation 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 370 Pornography/Obscene Material 1 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 39A Betting/Wagering 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 39B Gambling- Operating Promoting Assisting 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 39C Gambling Equipment Violation 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40A Prostitution 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40BProstiution-Assisting/Promoting 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40C Purchasing Prostitution 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 510 Bribery 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520 Weapon Law Violation 3 1 0 0 0 2 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 8 720 Animal Cruelty 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 Total Crimes Against Society 4 2 0 5 1 2 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 5 21 09CJustifiable Homicide 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90A Bad Checks 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90B Curfew/Loitering 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90C Disorderly Conduct 2 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 90D Driving Under Influence 4 9 2 4 3 2 3 1 1 0 0 2 2 1 0 0 0 0 0 0 0 0 0 3 37 90F Family Offense - NonViolent 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90G Liquor Law Violation 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90H Peeping Tom 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90J Trespass of Real Property 8 3 4 5 2 5 4 2 1 2 0 0 1 4 0 0 0 0 0 1 0 0 0 6 48 90Z All Other Offenses 16 19 9 15 6 12 4 2 4 3 1 3 9 3 0 2 0 0 3 0 1 0 0 16 128 Total Group B Offenses 30 31 16 24 12 19 11 5 6 5 1 5 12 8 0 2 0 0 3 1 1 0 0 25 217 NR Not Reportable 8 22 9 10 0 3 7 1 1 0 2 1 1 2 0 0 0 0 0 2 0 0 0 14 83 Total All Offenses 261 208 139 196 78 155 87 46 43 78 40 29 105 41 0 17 1 0 20 15 5 2 0 138 1704 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Burglary - Spokane Valley Time Period: November 2022 —4-2017 2018 —lir-2019 2020 --)K— 2021 2022 2017 2018 2019 2020 2021 2022 January 55 51 33 40 53 57 February 52 26 20 56 45 40 March 42 34 37 53 43 64 April 49 36 35 70 41 50 May 47 34 57 69 49 42 June 58 29 38 69 44 48 July 51 44 48 63 54 51 August 56 51 57 58 59 67 September 77 38 50 67 39 54 October 37 48 46 68 38 55 November 32 49 41 57 62 58 December 34 47 40 63 55 - Grand Total 590 487 502 733 582 586 IBR Offense: Burglary/Breaking & Entering 220 Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional intelligence Group 9 Rape - Spokane Valley Time Period: November 2022 16 14 12 10 8 6 4 2 7 CO a L u C 7 OJ 0 j 0 E 61 0 Z sp E U v 0 —0-2017 2018 4— 2019 2020 2021 2022 2017 2018 2019 2020 2021 2022 January 9 15 2 2 2 10 February 2 4 3 2 3 2 March 2 8 4 2 5 6 April 7 7 4 - 5 6 May 7 9 2 3 7 2 June 2 6 5 4 3 4 July 6 5 3 1 4 - August 4 3 5 2 4 4 September 2 3 9 4 3 4 October 7 1 4 1 - 2 November 1 7 2 3 3 6 December 2 7 3 5 4 - Grand Total 51 75 46 29 43 46 "IBR Offense: Rape - Forcible 11A, Sodomy - Forcible 11B, Sexual Assault with Object 11C Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Assault - Spokane Valley Time Period: November 2022 120 100 80 60 40 20 c ro CJ U_ 7. Q m E v 0 v m 0 t; 0 Cu" 0 E w 0 z Cr) E v a) 0 + 2017 2018 — sir- 2019 2020 —)K— 2021 2022. 2017 2018 2019 2020 2021 2022 January 96 83 71 93 71 73 February 94 64 61 96 51 81 March 77 101 73 80 65 93 April 89 88 68 95 69 74 May 93 80 87 85 70 64 June 94 101 79 104 56 68 July 94 113 104 88 80 60 August 74 83 95 99 68 81 September 92 82 72 79 60 80 October 89 84 68 80 74 92 November 85 78 85 73 54 77 December 84 91 79 63 90 - Grand Total 1,061 1,048 942 1,035 808 843 * IBR Offense: Aggravated Assault 13A & Simple Assault 13B Produced: 12/13/2022 SPOKANE COUNTY SHERIFF-'S OFFICE Regional Intelligence Group 9 Robbery - Spokane Valley Time Period: November 2022 —0—2017 --f-- 2018 —A-2019 — 2020 —CIE— 2021 —0— 2022 2017 2018 2019 2020 2021 2022 January 3 6 3 8 8 6 February 6 2 8 12 7 4 March 7 5 4 6 5 3 April 3 6 4 8 9 2 May 2 9 6 3 7 5 June 1 3 2 8 3 7 July 4 7 8 5 5 6 August 1 6 11 6 6 14 September 4 6 8 8 4 2 October 4 5 7 6 7 5 November 3 3 12 3 4 6 December 1 4 10 5 7 - Grand Total 39 62 83 78 72 60 6BR Offense: Robbery 120 Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Motor Vehicle Theft - Spokane Valley Time Period: November 2022 �2017 - S-2018 —A-2019 2020 CIF- 2021 --+1— 2022 2017 2018 2019 2020 2021 2022 January 47 36 35 32 29 38 February 37 27 22 32 25 35 March 47 27 20 31 25 57 April 42 26 30 29 24 42 May 27 25 34 29 29 43 June 28 24 25 33 26 34 July 43 40 32 25 24 51 August 36 20 30 27 41 67 September 43 27 37 27 40 45 October 39 32 25 31 42 51 November 33 45 36 29 54 66 December 29 32 34 29 55 - Grand Total 451 361 360 354 414 529 * 16R Offense: Motor Vehicle Theft 240 Prod uced: 12/13/2022 SPOT<ANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Theft From Motor Vehicle (Vehicle Prowl) Spokane Valley Time Period: November 2022 160 140 120 100 80 60 40 20 tin a E 0 O Z 4- a3 0 0 —2017 2018 2019 2020 —)I(— 2021 2022 2017 2018 2019 2020 2021 2022 January 98 75 51 66 87 76 February 104 33 44 98 106 89 March 94 77 73 58 75 96 April 130 62 122 75 88 74 May 79 70 140 85 77 54 June 107 67 84 80 70 73 July 97 107 114 77 66 67 August 69 88 99 148 118 74 September 118 85 80 130 128 72 October 70 105 97 116 120 83 November 52 112 96 90 81 91 December 69 71 112 97 85 - Grand Total 1,087 952 1,112 1,120 1,101 849 IBR Offense: Theft From Motor Vehicle 23F Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Damage/Destruction/Vandalism (MALMS) - Spokane Valley Time Period: November 2022 2017 2018 2019 2020 2021 2022 January 157 146 125 113 132 132 February 148 95 67 142 121 133 March 137 121 122 105 104 194 April 173 127 143 157 133 173 May 139 143 161 116 133 148 June 144 141 133 154 158 176 July 178 142 156 146 133 134 August 154 131 144 172 177 164 September 159 156 142 190 164 150 October 119 166 165 174 196 156 November 131 155 141 151 141 160 December 108 126 175 144 128 - Grand Total 1,747 1,649 1,674 1,764 1,720 1,720 IBR Offense: Destruction/Damage/Vandalism 290 Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Homicide - Spokane Valley Time Period: November 2022 3 2 2 1 1 I-: )K At At a w a '- `• m - Ian 2 7 ra aE) o QJ m LL C ▪ o v w z a V) --4— 2017 ;•2018 --A-2019 2020 --AC-2021 2022 2017 2018 2019 2020 2021 2022 January - - - - - - February - - 1 1 March - - - - 1 - April - - - - 1 May - - - 1 - 1 June - 1 - - - July 1 - - 1 - August - - - 1 September - - - - 1 - October - - - - 2 1 November 1 - - - 1 - December - - 1 1 - - Grand Total 2 1 1 3 9 3 *IBR offense: Murder/Non-Negligent Manslaughter 09A Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Identity Theft - Spokane Valley Time Period: November 2022 2017 2018 2019 2020 2021 2022 January 9 19 17 17 12 10 February 24 16 10 17 18 23 March 22 13 13 12 20 14 April 16 22 20 17 23 10 May 31 21 13 442 18 7 June 19 17 5 47 12 14 July 23 14 12 26 13 13 August 12 15 8 28 22 13 September 17 13 15 16 22 6 October 15 21 17 18 16 10 November 18 23 12 15 13 14 December 24 16 7 17 13 - Grand Total 230 210 149 672 202 134 *IBR Offense: Identity Theft 26F Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 DUI - Spokane Valley Time Period: November 2022 2017 2018 2019 2020 2021 2022 January 22 19 32 26 21 29 February 25 18 22 28 24 28 March 32 39 22 8 15 25 April 19 14 27 17 18 23 May 19 32 18 15 21 19 June 28 23 24 27 30 18 July 26 17 25 25 17 23 August 24 28 24 21 7 29 September 20 37 37 22 19 21 October 24 32 27 27 25 27 November 18 28 31 21 19 24 December 20 23 19 22 34 Grand Total 277 310 308 259 250 266 * IBR Offense: DUI 90D Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional intelligence Group 9 Drugs - Spokane Valley Time Period: November 2022 2017 2018 2019 2020 2021 2022 January 23 39 51 45 31 - February 28 38 40 62 36 4 March 28 58 57 Si 4 6 April 38 55 63 36 2 6 May 23 39 39 64 4 6 June 21 54 29 51 2 6 July 17 55 46 38 - 9 August 25 38 55 35 2 5 September 25 33 49 39 1 8 October 21 50 47 37 1 2 November 32 38 54 42 1 4 December 27 47 44 30 6 - Grand Total 308 544 574 530 90 56 * IBR Offense: Drugs/Narcotics Violations 35A and Drug Equipment Violations 35B Produced: 12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Fraud - Spokane Valley Time Period: November 2022 2017 2018 2019 2020 2021 2022 January 26 69 64 69 65 55 February 36 46 32 59 57 80 March 37 59 62 50 97 56 April 43 55 58 62 97 56 May 53 67 57 85 63 55 June 57 64 50 73 64 49 July 61 64 65 67 81 58 August 54 64 65 70 94 76 September 65 49 57 67 79 64 October 65 60 75 76 59 65 November 53 56 68 62 71 50 December 42 60 49 61 66 - Grand Total 592 713 702 801 893 664 * IBR Offense: Pretenses/Swindling/Con Games 26A, Fraud - Credit Carcl/ATM 26B, and Fraud - False & Fraud - Impersonation 26C Produced:12/13/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Forgery - Spokane Valley Time Period: November 2022 +2017 — -2018 —sir-2019 2020 •-1E-2021 —.0-2022 2017 2018 2019 2020 2021 2022 January 9 18 20 23 13 4 February 11 10 13 12 8 10 March 20 24 17 14 10 9 April 19 21 14 14 10 9 May 26 21 10 10 10 7 June 15 15 14 7 6 14 July 21 15 10 9 13 9 August 15 17 13 10 3 7 September 20 14 12 3 14 7 October 18 11 14 7 11 11 November 9 21 21 9 14 11 December 9 13 15 15 8 - Grand Total 192 200 173 133 120 98 *IBR Offense: Counterfeiting/Forgery 250 Produced: 12/13/2022 SPOT<ANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Theft - Spokane Valley Time Period: November 2022 300 250 200 150 100 50 m m LL u L. a) a 0 U November —4-2017 ,2018 2020 •— — 2021 —0— 2022 2017 2018 2019 2020 2021 2022 January 206 237 237 239 198 197 February 200 165 188 199 185 198 March 217 209 212 197 193 203 April 201 201 206 181 185 198 May 235 230 230 152 161 176 June 252 224 232 217 185 218 July 236 238 236 195 156 234 August 223 211 256 168 177 233 September 212 194 233 218 194 192 October 236 235 240 204 210 218 November 218 198 205 218 201 244 December 199 251 231 230 198 - Grand Total 2,635 2,593 2,706 2,418 2,243 2,311 * IBR Offense: Theft - Pocket -Picking 23A, Theft - Purse -Snatching 23B, Theft - Shoplifting 23C, Theft From Building 23D, Theft From Coin -Operated Machine 23E, Theft of Motor Vehicle Parts/Accessories 23G, and Theft -All Other 23H Produced: 12/13/2022 Spokane County Sheriffs Office Response Times by Priority November 2022 Spokane Valley SCSO Unincorporated SCSO All Priority Create To Dispatch Dispatch To Arrive Create To Arrive Create To Dispatch Dispatch To Arrive Create To Arrive Create To Dispatch Dispatch To Arrive Create To Arrive 1 2 3 4 00:03:10 00:18:37 00:43:05 02:24:22 00:03:34 00:08:59 00:12:30 00:07:47 00:06:44 00:27:36 00:55:35 02:32:10 00:03:29 00:16:24 00:37:20 00:34:04 00:07:41 00:13:52 00:16:08 00:10:04 00:11:11 00:30:16 00:53:28 00:44:09 00:03:20 00:17:39 00:40:36 01:23:05 00:05:44 00:11:08 00:14:04 00:09:03 00:09:04 00:28:46 00:54:40 01:32:09 Totals 0:32:24 0:10:36 0:43:00 0:26:26 0:14:45 0:41:11 0:29:47 0:12:25 Duration (hh:mm:ss) Spokane Valley - Create to Dispatch by hour grouping 00:00 - 04:00 - 08:00 - 12:00 - 16:00 - 20:00 - 03:59 07:59 11:59 15:59 19:59 23:59 —Priority 1 0:01:16 0:09:51 0:01:54 0:03:08 0:02:55 0:02:18 --41—Priority 2 0:08:24 0:19:51 0:18:06 0:20:38 0:28:12 0:11:15 #Priority 3 0:29:01 0:35:07 0:47:59 0:52:30 0:50:15 0:18:48 —110-Priority 4 0:00:00 6:09:03 3:00:41 2:18:14 0:27:25 0:11:05 7:12:00 6:00:00 4:48:00 3:35:00 2:24:00 1:12:00 0:00:00 Duration (hh:mm:ss) Spokane Valley - Dispatch to Arrival by hour grouping 00:00 - 04:00 - 08:00 - 12:00 - 16:00 - 20:00 - 03:59 07:59 11:59 15:59 19:59 23:59 #Priority 1 00:04:50 00:00:09 00:04:21 00:03:00 00:04:54 00:03:07 Priority 2 00:06:46 00:08:48 00:09:38 00:11:37 00:08:53 00:06:45 —ai— Priority 3 00:08:05 00:17:39 00:12:28 00:12:31 00:13:11 00:09:54 —a—Priority4 00:00:00 00:12:04 00:08:29 00:06:21 00:12:15 00:04:26 00:20:10 00:17:17 00:14:24 00:11:31 00:0838 00:05:46 00:02:53 00:00:00 141 N m LD p1 m O O N O m Cr; N L!1 syj o �--� a N 0 0 0 0 O d O 1ri 00 m d; o t-t O-1 O L-4 sLL k4 i r-i O 0 0 0 •L ! n si1 O r-I .m-t O C[ taO `-i O 0 O O o C 4-- " ul N 01 N p1 ,+l m Li) !di 4—O o CO H •d' N co ,:i O H ,--i ,ti 0_ O~ o O 6 b u1 0 O I Q 0 Vl 0 r co in M o N N m m v 1n o r 4 01 o0 to N O H H r O O O O O O ® O O O O O O 0 O O O O (ss:ww4.1) uopeanfl d1 V m 0- O p1 O in m p 111 o 0 p 0 0 0 0 0 o a a o O o0 CO 0 O' 01 m L -1 a O in 6 M b 0 0 0 O p O O O O a O O O O •Priority 1 O ti N COV SO 10 0 o r` cr .-i co ui t�s o N H H r-i O O Q O O O O O Q O 4 0 (ss:ww:yq) uoiaeana O 10 O L!1 0 in N 0 0 m in tit O N O ti Lb lb O O O O a CD 10 Li) .rs CD O a) O H Nl rI .. 0 0 O O O O N r-I 0 m rn m 71 N rn V gel V1 O .-I rl d ~ O O O 00 co LD LD O Cr' u1 19 O �i a 19 .--I f+1 Oft l!1 6 6 6 0 0 0 0 U1 O N N O 10 p O m .--I a o fi H a a p o 0 0 0 O CCD d pm oo i O a 0 0 0 0 O b O O 0 — —Priority 1 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Call Activity Heat Maps - Spokane Valley November 2022 Citizen Calls by Day of Week and Hour 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Sunday Monday Tuesday Wednesday Thursday 16 16 15 15 9 12 6 12 15 15 22 24 24 25 25 24 13 24 35 26 23 18 15 14 13 9 12 6 9 14 12 29 31 30 32 38 37 35 33 31 42 45 40 39 30 17 16 12 16 11 10 6 11 19 17 27 44 31 29 24 33 29 41 41 47 33 28 24 24 26 27 26 18 12 16 12 10 16 15 13 32 26 43 20 31 39 35 50 48 42 38 34 29 28 16 18 19 16 10 4 5 11 11 22 14 32 27 21 25 32 32 36 24 27 26 24 26 17 21 16 Friday Saturday 18 8 7 4 7 5 10 17 19 30 35 32 38 26 25 35 30 29 38 24 22 29 21 29 21 17 15 9 8 9 8 16 13 19 26 33 29 37 31 35 22 32 37 19 21 19 24 17 Total 121 89 85 56 59 86 79 136 168 183 214 192 217 223 222 252 226 232 242 190 175 154 140 132 Total Deputy Involved Incidents by Day of Week and Hour Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total 0 19 11 13 15 19 12 17 106 1 15 8 8 13 15 11 10 80 2 11 5 7 13 5 8 12 61 3 19 7 4 9 5 3 4 51 4 8 8 4 4 3 6 7 40 5 9 9 16 11 5 2 8 60 6 8 13 26 18 15 15 6 101 7 15 25 36 40 30 22 9 177 8 15 25 40 59 15 24 10 188 9 14 29 40 42 39 24 18 206 10 22 28 40 54 40 37 28 249 11 29 34 33 35 29 31 24 215 12 20 26 36 35 27 28 25 197 13 22 25 31 35 30 29 22 194 14 20 21 45 39 22 28 25 200 15 16 24 35 45 28 27 27 202 16 11 22 26 32 15 18 21 145 17 17 26 20 23 13 16 19 134 18 14 23 19 24 17 20 20 137 19 20 25 19 21 20 19 26 150 20 22 22 22 36 27 17 21 167 21 15 15 29 30 19 27 18 153 22 19 12 17 15 20 17 23 123 23 9 12 24 14 15 24 14 112 Total 389 455 590 662 473 465 414 3448 Produced: 12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Citizen CaII For Service (CFS) - Spokane Valley Time Period: November 2022 2017 2018 2019 2020 2021 2022 January 3,088 3,405 3,351 3,521 3,680 3,792 February 2,942 2,862 3,170 3,638 3,342 3,652 March 3,546 3,597 3,711 3,504 4,052 4,475 April 3,416 3,460 3,839 3,405 4,078 4,072 May 3,987 4,331 4,516 3,941 4,415 4,382 June 3,955 4,006 4,349 4,153 4,810 4,463 July 4,459 4,467 4,976 4,570 4,993 4,880 August 4,204 4,286 4,680 4,319 4,583 4,840 September 3,799 4,048 4,318 4,259 4,397 4,504 October 3,718 3,927 4,072 3,909 4,471 4,406 November 3,353 3,582 3,646 3,392 3,966 3,873 December 3,406 3,530 3,668 3,678 4,252 Grand Total 43,873 45,501 48,296 46,289 51,039 47,339 *excludes calls handled by Crime Check only Produced: 12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Citizen CFS With Deputy Response - Spokane Valley Time Period: November 2022 + 2017 - F-2018 -- 2019 2020 -41K--2021 - -2022 2017 2018 2019 2020 2021 2022 January 1,941 2,208 2,190 2,319 2,295 2,181 February 1,787 1,865 2,011 2,364 2,073 2,125 March 2,224 2,375 2,386 2,321 2,399 2,663 April 2,119 2,230 2,418 2,417 2,475 2,318 May 2,478 2,731 2,851 2,650 2,605 2,528 June 2,416 2,516 2,654 2,677 2,712 2,463 July 2,609 2,685 2,983 2,660 2,544 2,530 August 2,589 2,639 2,852 2,708 2,528 2,741 September 2,336 2,555 2,725 2,524 2,312 2,666 October 2,292 2,510 2,547 2,462 2,453 2,505 November 2,131 2,350 2,416 2,170 2,221 2,271 December 2,157 2,314 2,402 2,301 2,326 Grand Total 27,079 28,978 30,435 29,573 28,943 26,991 Produced:1.2/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Citizen CFS Without Deputy Response - Spokane Valley Time Period: November 2022 3,000 2,500 2,000 1,500 1,000 500 co L 7 a) m 0 0 A E QJ a -� 2017 - 2018 -A-2019 2020 2021 2022 2017 2018 2019 2020 2021 2022 January 1,147 1,197 1,161 1,202 1,385 1,611 February 1,155 997 1,159 1,274 1,269 1,527 March 1,322 1,222 1,325 1,183 1,653 1,812 April 1,297 1,230 1,421 988 1,603 1,754 May 1,509 1,600 1,665 1,291 1,810 1,854 June 1,539 1,490 1,695 1,476 2,098 2,000 July 1,850 1,782 1,993 1,910 2,449 2,350 August 1,615 1,647 1,828 1,611 2,055 2,099 September 1,463 1,493 1,593 1,735 2,085 1,838 October 1,426 1,417 1,525 1,447 2,018 1,901 November 1,222 1,232 1,230 1,222 1,745 1,602 December 1,249 1,216 1,266 1,377 1,926 Grand Total 16,794 16,523 17,861 16,716 22,096 20,348 Produced: 12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Deputy Initiated Incidents - Spokane Valley Time Period: November 2022 2,500 2,000 1,500 1,000 500 Aoe,„„itb.„ ..,, 'ItipiION /orAzeik. Aniliftw- 1-6CO1- [L M ` ,, C LL ca C w November OJ 0 E Q1 -0--2017 - -2018 2019 --- 2020 -*-- 2021 -�- 2022 2017 2018 2019 2020 2021 2022 January 1,446 1,694 2,024 1,601 1,114 848 February 1,328 1,481 1,608 1,518 983 771 March 1,870 2,063 1,614 1,166 1,000 1,252 April 1,425 1,683 1,650 1,172 997 967 May 1,553 1,789 1,157 1,567 1,003 1,207 June 1,503 1,699 1,724 1,070 1,155 1,068 July 1,504 1,793 1,600 1,036 767 1,197 August 1,737 1,637 1,565 1,130 567 1,239 September 1,671 1,773 1,779 1,285 725 1,160 October 1,560 1,595 1,472 1,239 813 1,132 November 1,732 1,841 1,487 1,164 1,102 1,177 December 1,574 1,661 1,436 1,208 907 Grand Total 18,903 20,709 19,116 15,156 11,133 12,018 Produced:12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Inte€ligence Group 9 Total Deputy Involved Incidents - Spokane Valley Time Period: November 2022 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 -c _ �' o (o D. 0 0 m a a w C, tri v v �, C, ¢E ' °3 0 a. 0 0) cu z CA azt 2017 #- 2018 -&-2019 2020 -X--2021 -0-2022 2017 2018 2019.2020 2021 2022 January 3,387 3,902 4,214 3,920 3,409 3,029 February 3,115 3,346 3,619 3,882 3,056 2,896 March 4,094 4,438 4,000 3,487 3,399 3,915 April 3,544 3,913 4,068 3,589 3,472 3,285 May 4,031 4,520 4,008 4,217 3,608 3,735 June 3,919 4,215 4,378 3,747 3,867 3,531 July 4,113 4,478 4,583 3,696 3,311 3,727 August 4,326 4,276 4,417 3,838 3,095 3,980 September 4,007 4,328 4,504 3,809 3,037 3,826 October 3,852 4,105 4,019 3,701 3,266 3,637 November 3,863 4,191 3,903 3,334 3,323 3,448 December 3,731 3,975 3,838 3,509 3,233 Grand Total 45,982 49,687 49,551 44,729 40,076 39,009 Produced: 12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Crime Check CaII For Service (CFS) - Spokane Valley Time Period: November 2022 1,200 1,000 800 600 400 200 y '- L ,- 1 U •'- (0 v 7' of a,41 a Co COC D D _0 a iE 0 > u LL d 0 a a z 0 Ul —4^ 2017 2018 —A-2019 2020 —0-2021 .2022 2017 2018 2019 2020 2021 2022 January 612 662 631 627 622 352 February 608 488 504 689 659 458 March 647 659 651 690 760 529 April 667 602 703 684 739 477 May 699 697 763 1,113 767 509 June 698 703 630 793 736 502 July 712 727 717 782 723 523 August 690 673 731 837 728 563 September 667 626 655 812 656 551 October 667 713 747 735 603 658 November 571 661 615 643 500 609 December 635 609 683 668 480 Grand Total 7,873 7,820 8,030 9,073 1 7,973 5,731 Produced:12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Ticket Counts Date Range: November 2022 Ticket Type Criminal Non Traffic Criminal Traffic Infraction Non Traffic Infraction Traffic Parking Spokane Valley Districts Ticket Count Charges Count 94 108 40 52 1 1 359 424 1 1 Unincorporated Districts All Districts Ticket Count Charges Count Ticket Count Charges Count 40 42 134 150 28 32 68 84 1 1 2 2 162 218 521 642 0 0 1 1 Ticket Type Criminal Non Traffic Criminal Traffic Infraction Non Traffic Infraction Traffic Parking Totals: 495 586 231 293 726 879 Deer Park Ticket Count Charges Count 1 1 0 0 0 0 1 2 0 0 Medical Lake Ticket Count Charges Count 5 5 0 0 0 0 7 8 0 0 Millwood Ticket Count Charges Count 1 1 1 1 0 0 3 7 0 0 Totals: 3 12 13 5 Produced: 12/12/2022 SPOICANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Ticket Charge Details - Spokane Valley Date Range: November 2022 Char:e Count (blank) 46.12.650,7: FAIL TO TRANSFER TITLE W/I 45 DAYS 46.16A,030.2: OPER VEH W/O CRNT/PRPR REG & PLATE 46.16A.030.5.L: FL RENEW EXPIRED REG <= 2 MTHS 46.16A.030.5,0: FL RENEW EXPIRED REG >2 MTHS 46.16A.200.7C: ALTER MAKE PLATE ILLEGIBLE/OBSCURED 46.16A.320.6: TRIP PERMIT VIOLATION 46,20.005: DRIVING WITHOUTA LICENSE 4 2 4 3 37 1 1 3 46.20.015: DRIVING MOTOR VEHICLE WITH AN EXPIRED LICENSE WITH VALID IDENTIFICATION 18 46.20.342.1A: DWLS 1ST DEGREE 2 46.20.342.1B: DWLS 2ND DEGREE 3 46.20.342.1C: DWLS 3RD DEGREE 3 46.20.500: CYCLE(OPERATE W/O ENDORSEMENT) 1 46,20.740: MV IGNITION INTERLOCK DRIVE VEH WO 3 46.30.020: OPERATING A MOTOR VEHICLE WITHOUT INSURANCE 46 46.37.050.3: TAIL LAMPS REQUIRED/ DEFECT LICENSE PLATE LAMP 1 46.37.050: DEFECTIVE LIGHTS 1 46.37.150: LAMPS, LIGHTING VIO COLOR -LOCATION, PARK -STOP 1 46.37.200: LAMPS, DEFECT TURN SIGNALS -STOP LAMPS 1 46.37,390.3.1: MODIFIED EXHAUST, 1ST OFFENSE 1 46.37.410.2: MATERIAL, SIGN, POSTER COVERING WINDOWS 1 46.52.010.1: HIT/RUN UNATTENDED VEHICLE 1 46,52,010.2: HIT/RUN UNATTENDED PROPERTY 2 46.52.020.2: DRIVER DUTY DAMAGE ONLY HIT/RUN 2 46.52.020.2A: HIT/RUN-ATTENDED VEHICLE NON INJURY 1 46.52.020: OLD CODE:VEH(HIT/RUN PERSON AT 1 46.61.021.3: FAIL IDENTIFY SELF TO LAW OFFICER 1 46.61.050: DISREGARD TRAFFIC SIGNAL SIGN 2 46.61,055,4: FAILTO STOP AT SIGNAL MARK 1 46.61.055: FAIL TO OBEY TRAFFIC CONTROL LEGEND 1 46.61.115: PASS, IMPROPER ON RIGHT SIDE 1 46.61.135: VEH DRIVE AGAINST ONE WAY 1 46,61.140: IMPROPER LANE USAGE 4 46.61.145.1: FOLLOW VEHICLE TOO CLOSELY 3 46.61.180.1: FAIL TO YIELD TO VEHICLE APPROACHING INTERSECTION 2 46.61.185.1: FAIL YIELD LEFT TURN MOTOR VEHICLE 2 46.61.190.2: FAIL STOP AT STOP SIGN/INTERSECTION 2 46.61.190.3: FAIL YIELD AT YIELD SIGN/INTERSECTION 1 46.61,200: FAILTO STOP AT INTERSECTION/STOP SIGN 13 46,61.205.1: FAIL YIELD PRIVATE RD MOTOR VEHICLE 3 46.61.212.1: FAIL TO YIELD STATIONARY EMERG VEH 1 46.61.235,1: FAIL TO YIELD PED IN CROSSWALK 2 46,61.290.3C: TURN LANE, IMPROPER USE CENTER 1 46.61.290: TURN, PROHIBIT -IMPROPER 12 46.61.295: TURN, PROHIBIT U TURN 1 46.61.305.2: IMPROPER LANE CHANGE (100 FT NOTICE) 1 46.61.400.05U: SPEED 5 OVER (40 OR UNDER) 2 46.61,400.1: SPEEDING TOO FAST FOR CONDITIONS 9 46,61.400.10U: SPEED 10 OVER (40 OR UNDER) 2 46.61.400.11U: SPEED 11 OVER (40 OR UNDER) 3 46.61.400.12U: SPEED 12 OVER (40 OR UNDER) 8 46.61.400.13U: SPEED 13 OVER (40 OR UNDER) 30 Produced: 12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Ticket Charge Details - Spokane Valley Date Range: November 2022 Charge Count 46.61.400.14U: SPEED 14 OVER (40 OR UNDER) 46.61.400,15: SPEED 15 OVER (OVER 40) 46.61.400.15U: SPEED 15 OVER (40 OR UNDER) 46.61.400.16: SPEED 16 OVER (OVER 40) 46.61.400.16U: SPEED 16 OVER (40 OR UNDER) 46.61.400.17U: SPEED 17 OVER (40 OR UNDER) 46.61.400.18U: SPEED 18 OVER (40 OR UNDER) 46.61.400.19U: SPEED 19 OVER (40 OR UNDER) 46.61.400.20U: SPEED 20 OVER (40 OR UNDER) 46.61.400.21: SPEED 21 OVER (OVER 40) 46.61,400.21U: SPEED 21 OVER (40 OR UNDER) 46,61.400.22U: SPEED 22 OVER (40 OR UNDER) 46.61.400.24U: SPEED 24 OVER (40 OR UNDER) 46.61,400.25U: SPEED 25 OVER (40 OR UNDER) 46,61.400.26U: SPEED 26 OVER (40 OR UNDER) 19 1 33 2 19 14 11 12 4 1 2 2 1 4 1 46.61.400.27U: SPEED 27 OVER (40 OR UNDER) 2 46.61.400,28U: SPEED 28 OVER (40 OR UNDER) 1 46,61.400.30U: SPEED 30 OVER (40 OR UNDER) 1 46.61.400.32U: SPEED 32 OVER (40 OR UNDER) 1 46.61.400.35U: SPEED 35 OVER (40 OR UNDER) 2 46.61.400: SPEED TOO FAST FOR CONDITIONS 2 46.61.425: SPEED PASSING SLOW MOVING VEHICLES 1 46.61.440.01-05: SCHOOL/PLAYGROUND CROSSWALK SPEED 1-5 MPH OVER 2 46.61,440.16-20: SCHOOL/PLAYGROUND CROSSWALK SPEED 16-20 MPH OVER 1 46,61.500: RECKLESS DRIVING 7 46.61.502: OLD CODE:VEH(DWUIL/DRUG)NEW 17 46.61.504: OLD CODE:VEH(PHY/UNIL/DRUG)NEW 2 46.61.525: NEGLIGENT DRIVING 2 DEGREE 3 46.61.570: STOPPING STANDING OR PARKING WHERE PROHIBITED 1 46.61.635: FOLLOW TOO CLOSE TO FIRE APPARATUS (500 FT) 1 46,61.655.7C: FAIL TO SECURE LOAD 1 46.61.672.1: PER ELECTRONIC DEVICE WHILE DRIVING 49 46.61.688: FAIL TO WEAR SAFETY BELT 4 46.61,745: CANNABIS IN MOTOR VEHICLE VIOLATION 2 46,70.090: DEALER ILLEGAL USE OF LIC PLATE 1 7.105.450.1: PROTECTION ORDER VIOLATION 5 9.41,250: WEAPONS VIO, POSS DANGEROUS WEAPON [POSSESS] 1 9,46.195: OLD CODE:GAMBL(OBST ENFORCEMEN 1 9A.36.041.2: ASSAULT4TH DEGREE 27 9A.36.050: RECK ENDANGER 3 9A.36.150: DV INTER WITH REPORTING 1 9A.46.020.1: HARASSMENT 1 9A,46,040: HARASS INCL PRETRIAL-POSTTRIAL ORDERS 1 9A.48.090: MALICIOUS MISCHIEF-3 10 9A.52,060: BURGLARY POSSESS -MAKE TOOLS 1 9A.52.070 GM: CRIMINAL TRESPASS -1ST DEG 1 9A,52,070.1: CRIMINAL TRESPASS FIRST DEGREE 2 9A.52.070: TRESPASS 1 4 9A.52.080: TRESPASS 2 2 9A.52.100.1: VEHICLE PROWLING 2ND DEGREE 3 9A.56.050 [26A] GM: THEFT3D (DINE & DASH) 2 9A.56.050: OLD CODE: THEFT-3D 33 Produced: 12/12/2022 SPOT<ANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Ticket Charge Details - Spokane Valley Date Range: November 2022 Charge Count 9A.76,020: OBSTRUCT LE OFF 9A.76.040: OBSTRUCT GOVT-RESISTING ARREST 9A.76.175: OBSTRUCT GOVT-MAI<ING FALSE OR MISLEADING STATEMENT TO PUBLIC SERVANT 9A.84.030: DISORDERLY CONDUCT SCC-05,04,034 (14): Dog in violation of imposed restrictions SVMC.9,40.040: OTHER PARKING PROHIBITIONS 2 2 4 2 1 1 Grand Total 590, Produced:12/1.2/2022 SPOT<ANE COUNTY SHERIFF'S OFFICE Region& Intelligence Group 9 Criminal Ticket Counts - Spokane Valley Time Period: November 2022 2017 2018 2019 2020 2021 2022 January 152 175 207 173 124 127 February 140 130 174 185 128 109 March 165 195 172 140 117 155 April 102 149 171 153 123 135 May 116 175 131 154 126 122 June 149 179 186 171 125 132 July 165 184 172 130 108 152 August 147 147 168 152 88 174 September 125 169 174 162 109 128 October 164 178 176 175 112 131 November 163 157 169 130 115 134 December 148 188 168 132 116 Grand Total 1,736 2,026 2,068 1,857 1,391 1,499 *Ticket type of Criminal Non Traffic & Criminal Traffic Produced; 12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Non - Criminal Ticket Counts - Spokane Valley Time Period: November 2022 2017 2018 2019 2020 2021 2022 January 396 367 357 198 195 193 February 238 338 261 266 172 156 March 422 472 226 133 166 253 April 110 219 299 111 198 200 May 241 385 130 164 211 406 June 380 489 421 128 353 224 July 295 499 359 217 285 187 August 357 257 297 204 132 212 September 461 480 306 199 179 249 October 365 387 273 139 216 235 November 329 366 253 195 295 360 December 274 254 253 238 157 Grand Total 3,868 4,513 3,435 2,192 2,559 2,675 *Ticket Type of Infraction Non Traffic & Infraction Traffic Produced:12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 All Ticket Counts - Spokane Valley Time Period: November 2022 -.4 -2017 -S— 2018 -.*--2019 2020 —*-2021 —0-2022 2017 2018 2019 2020 2021 2022 January 548 542 564 371 319 320 February 378 468 435 451 300 265 March 587 667 398 273 283 408 April 212 368 470 264 321 335 May 357 560 261 318 337 528 June 529 668 607 299 478 356 July 460 683 531 347 393 339 August 504 404 465 356 220 386 September 586 649 480 361 288 377 October 529 565 449 314 328 366 November 492 523 422 325 410 494 December 422 442 421 370 273 Grand Total 5,604 6,539 5,503 4,049 3,950 4,174 *All ticket types except parking Produced:12/12/2022 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 IBR Count by District Time Period: December 2022 Spokane Valley Districts Unincorporated Districts IBR Offense 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DP FF LAH ML MW RF SPA WAV OTHER TOTAL 09A Murder/NonNegligent Manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0 0 0 0 0 2 09B Negligent Manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100 Kidnapping/Abduction 1 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 11A Rape - Forcible 1 0 0 0 0 1 1 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 1 6 11B Sodomy - Forcible 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11C Sex Assault With Object 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11D Fondling- Forcible 0 0 2 1 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 120 Robbery 3 2 1 4 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 13A Aggravated Assault 1 11 0 4 2 2 2 2 3 0 0 0 1 0 0 0 0 0 0 0 0 0 0 2 30 13B Simple Assault 7 9 7 12 3 10 6 4 2 3 3 4 5 0 0 1 0 0 4 1 0 1 0 7 89 13C Intimidation 3 5 3 2 0 0 0 1 0 1 2 2 1 1 0 0 0 0 2 3 0 0 0 1 27 36A Incest 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 36B Rape - Statutory 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 64A Human Trafficking - Commercial Sex Acts 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 64B Human Trafficking- Involuntary Servitude 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 Violation of Protection Orders 1 3 1 3 1 2 4 3 1 0 0 0 2 1 0 1 0 0 0 0 0 0 0 1 24 Total Crimes Against Persons 17 31 14 27 7 16 14 12 6 4 5 6 9 4 0 3 0 0 7 4 0 1 0 12 199 200 Arson 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 210 Extortion/Blackmail 1 1 1 0 0 0 0 0 0 1 0 0 1 1 0 0 0 0 0 0 0 0 0 1 7 220 Burglary/Breaking & Entering 10 8 3 8 1 10 4 3 4 5 4 2 5 3 0 3 1 0 0 1 0 0 0 4 79 23ATheft -Pocket-Picking 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 23B Theft - Purse Snatching 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 23C Theft - Shoplifting 29 1 3 23 3 6 0 0 0 0 0 0 1 0 0 2 0 0 1 11 0 0 0 5 85 23DTheft From Building 3 9 4 6 2 7 1 0 2 1 2 2 5 0 0 2 1 0 1 1 0 0 0 3 52 23E Theft From Coin 0peratied Machine 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 23F Theft From Motor Vehicle 16 10 9 19 8 18 3 4 6 10 3 2 13 2 0 1 0 0 0 0 0 0 0 1 125 23G Theft of Motor Vehicle Parts/Accessories 7 7 4 4 0 3 1 1 2 1 1 1 0 0 0 3 0 0 0 0 0 0 0 3 38 23H Theft - All Other 19 14 7 12 4 15 11 8 12 12 5 11 10 3 0 5 0 0 0 0 1 1 0 4 154 240 Motor Vehicle Theft 17 5 4 12 2 8 4 1 1 1 4 D 2 4 0 2 0 0 0 1 0 0 0 3 71 290 Counterfeiting/Forgery 2 4 0 1 0 0 1 0 2 2 1 2 1 1 0 0 0 0 0 0 1 0 0 2 20 26A Fraud - False Pretense/Swindling 5 4 2 8 6 4 2 0 7 5 5 5 6 1 0 2 0 0 1 0 2 0 0 3 68 26B Fraud - Credit Card/ATM 4 4 2 9 2 3 2 0 3 4 3 2 2 1 0 1 0 0 0 0 0 0 0 0 38 26C Fraud - Impersonation 2 1 1 1 0 1 0 0 0 2 1 0 0 0 0 1 0 0 0 1 0 0 0 0 11 26D Welfare Fraud 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 26F Identity Theft 1 0 0 4 2 0 2 1 5 2 1 0 2 0 0 0 0 0 0 0 0 0 0 3 23 26G Hacking/Computer Invasion 1 2 1 0 0 1 0 0 1 1 2 0 1 0 0 1 0 0 0 1 0 0 0 1 13 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 IBR Count by District Time Period: December 2022 Spokane Valley Districts Unincorporated Districts 1BR Offense 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DP FF LAH EVIL MW RF SPA WAV OTHER TOTAL 270 Embezzlement 1 0 0 0 1 0 0 0 0 1 0 2 0 0 0 0 0 0 0 0 0 0 0 0 5 28D Stolen Property Offense (Receiving, etc.) 4 2 0 2 0 1 1 0 0 0 0 1 2 1 0 0 0 0 0 0 0 0 0 3 17 290 Destruction/Vandalism 28 33 12 22 8 28 12 10 11 9 7 12 16 4 0 2 1 0 1 4 0 1 0 4 225 Total Crimes Against Property 150 106 53 127 39 105 45 29 56 57 39 42 67 21 0 25 3 0 4 20 4 2 0 40 1034 35A Drugs/Narcotics Violation 2 0 0 1 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 4 9 35B Drug Equipment Violation 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 370 Pornography/Obscene Material 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 39A Betting/Wagering 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 39B Gambling - Operating Promoting Assisting 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 39C Gambling Equipment Violation 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 40A Prostitution 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40B Prostiution - Assisting/Promoting 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40C Purchasing Prostitution 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 510 Bribery 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520 Weapon Law Violation 3 0 1 3 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 2 11 720Animal Cruelty 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Crimes Against Society 5 0 1 4 0 0 2 0 0 0 0 0 2 0 0 0 0 0 1 0 0 0 0 6 21 09C Justifiable Homicide 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90A Bad Checks 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90B Curfew/Loitering 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90C Disorderly Conduct 0 1 3 0 0 1 0 0 0 1 0 0 0 0 0 1 0 0 1 0 0 0 0 0 8 90D Driving Linder Influence 2 5 4 3 1 5 0 2 0 0 3 1 1 3 0 0 0 0 1 0 0 0 0 6 37 90F Family Offense - NonViolent 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90G Liquor Law Violation 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90H Peeping Tom D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90J Trespass of Real Property 6 7 3 5 0 4 1 0 4 3 0 1 2 1 0 1 0 0 0 0 0 0 0 5 43 90Z All Other Offenses 11 13 3 18 3 7 4 0 0 2 1 1 4 4 0 0 0 0 1 0 0 0 0 21 93 Total Group B Offenses 19 26 13 26 4 17 5 2 4 6 4 3 7 8 0 2 0 0 3 0 0 0 0 32 181 NR Not Reportable 15 11 1 5 3 12 3 0 2 1 1 0 5 2 0 1 0 0 0 1 0 0 0 18 81 Total All Offenses 206 174 82 189 53 150 69 43 68 68 49 51 90 35 0 31 3 0 15 25 4 3 0 108 1516 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Burglary - Spokane Valley Time Period: December 2022 2017 2018 2019 2020 2021 2022 January 55 51 33 40 53 57 February 52 26 20 56 45 40 March 42 34 37 53 43 64 April 49 36 35 70 41 50 May 47 34 57 69 49 42 June 58 29 38 69 44 48 July 51 44 48 63 54 51 August 56 51 57 58 59 67 September 77 38 50 67 39 54 October 37 48 46 68 38 55 November 32 49 41 57 62 58 December 34 47 40 63 55 40 Grand Total 590 487 502 733 582 626 * IBR Offense: Burglary/Breaking & Entering 220 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Rape - Spokane Valley Time Period: December 2022 16 14 12 10 6 4 2 ro 2 77. a 7 3 UO 7 E o a a November December �— 2017 }_,, 2018 -,— 2019 2020 -- .-2021 2022 2017 2018 2019 2020 2021 2022 January 9 15 2 2 2 10 February 2 4 3 2 3 2 March 2 8 4 2 5 6 April 7 7 4 - 5 7 May 7 9 2 3 7 1 2 June 2 6 5 4 3 4 July 6 5 3 1 4 - August 4 3 5 2 4 4 September 2 3 9 4 3 4 October 7 1 4 1 - 2 November 1 7 2 3 3 6 December 2 7 3 5 4 3 Grand Total 51 75 46 29 43 50 *iBR Offense: Rape - Forcible 11A, Sodomy - Forcible 11B, Sexual Assault with Object 11C P rod ucecl : 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Assault - Spokane Valley Time Period: December 2022 120 100 80 60 40 20 L =7. a a.) ''' '6 a1 v a Q a o J E R7 , Q 7 U LL a 0 as a, z a c/1 —i— 2017 --; "r 2018 -2019 2020 CIE— 2021 2022 2017 2018 2019 2020 2021 2022 January 96 83 71 93 71 73 February 94 64 61 96 51 81 March 77 101 73 80 65 93 April 89 88 68 95 69 74 May 93 80 87 85 70 64 June 94 101 79 104 56 68 July 94 113 104 88 80 60 August 74 83 95 99 68 81 September 92 82 72 79 60 80 October 89 84 68 80 74 93 November 85 78 85 73 54 74 December 84 91 79 63 90 68 Grand Total 1,061 1,048 942 1,035 808 909 * IBR Offense: Aggravated Assault 13A & Simple Assault 13B Produced;01/10/2023 SPOT<ANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Robbery - Spokane Valley Time Period: December 2022 —2017 —M-- 2018 —i- 2019 -- 2020 -�1E--2021 --0—2022 2017 2018 2019 2020 2021 2022 January 3 6 3 8 8 6 February 6 2 8 12 7 4 March 7 5 4 6 5 3 April 3 6 4 8 9 2 May 2 9 6 3 7 5 June 1 3 2 8 3 7 July 4 7 8 5 5 6 August 1 6 11 6 6 14 September 4 6 8 8 4 2 October 4 5 7 6 7 5 November 3 3 12 3 4 6 December 1 4 10 5 7 11 Grand Total 39 62 83 78 72 71 IBR offense: Robbery 120 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional intelligence Group 9 Motor Vehicle Theft - Spokane Valley Time Period: December 2022 2017 2018 2019 2020 2021 2022 January 47 36 35 32 29 38 February 37 27 22 32 25 35 March 47 27 20 31 25 57 April 42 26 30 29 24 42 May 27 25 34 29 29 43 June 28 24 25 33 26 34 July 43 40 32 25 24 51 August 36 20 30 27 41 67 September 43 27 37 27 40 45 October 39 32 25 31 42 51 November 33 45 36 29 54 65 December 29 32 34 29 55 48 Grand. Total 451 361 360 354 414 576 * IBR Offense: Motor Vehicle Theft 240 Produced:01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Theft From Motor Vehicle (Vehicle Prowl) Spokane Valley Time Period: December 2022 —41— 2017 - 2018 —it-2019 2020 —AC— 2021 — 2022 2017 2018 2019 2020 2021 2022 January 98 75 51 65 87 76 February 104 33 44 98 106 89 March 94 77 73 58 75 96 April 130 62 122 75 88 74 May 79 70 140 85 77 54 June 107 67 84 80 70 73 July 97 107 114 77 66 67 August 69 88 99 148 118 74 September 118 85 80 130 128 72 October 70 105 97 116 120 83 November 52 112 96 90 81 91 December 69 71 112 97 85 80 Grand Total 1,087 952 1,112 1,119 1,101 929 * IBR Offense: Theft From Motor Vehicle 23F Produced:01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Damage/Destruction/Vandalism (MALMS) - Spokane Valley Time Period: December 2022 2017 2018 2019 2020 2021 2022 January 157 146 125 113 132 132 February 148 95 67 142 121 133 March 137 121 122 105 104 194 April 173 127 143 157 133 173 May 139 143 161 116 133 148 June 144 141 133 154 158 176 July 178 142 156 146 133 134 August 154 131 144 172 177 164 September 159 156 142 190 164 151 October 119 165 165 174 196 156 November 131 155 141 151 141 162 December 108 126 175 144 128 131 Grand Total 1,747 1,648 1,674 1,764 1,720 1,854 IBR Offense: Destruction/Damage/Vandalism 290 Produced: 01/10/2023 SPOI<ANE COUNTY SHERIFF'S OFFICE Regional intelligence Group 9 Homicide - Spokane Valley Time Period: December 2022 —0—2017 ..'2018 f 2019 2020 2021 2022 2017 2018 2019 2020 2021 2022 January - - - - - - February - - 1 1 1 March - - - 1 - April - - - 1 - May - - - 1 - 1 June - 1 - - - - July 1 - - - 1 - August - - - 1 - September - - - - 1 - October - - - - 2 1 November 1 - - - 1 - December - - 1 1 - - Grand Total _ 2 1 1 3 9 3 *IBR Offense: Murder/Non-Negligent Manslaughter 09A Prod uced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Identity Theft - Spokane Valley Time Period: December 2022 500 450 400. 350 300 250 200 150 100 50 0. c� C 0) 1 tin 0C G 0) 0) E 0) 0> z 0) E 0) a) 0 —•-2017 Ft 2018 •— — 2019 2020 —3I- 2021 C— 2022 2017 2018 2019 2020 2021 2022 January 9 19 17 17 12 10 February 24 16 10 17 18 23 March 22 13 13 12 20 14 April 16 22 20 17 23 10 May 31 21 13 442 18 7 June 19 17 5 47 12 14 July 23 14 12 26 13 13 August 12 15 8 28 22 13 September 17 13 15 16 22 6 October 15 21 17 18 16 10 November 18 23 12 15 13 14 December 24 16 7 17 13 7 Grand Total 230 210 149 672 202 141 *IBR Offense: Identity Theft 26F Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 DUI - Spokane Valley Time Period: December 2022 —4-- 2017 f-2018 —A-2019 2020 —4IF 2021 -2022 2017 2018 2019 2020 2021 2022 January 22 19 32 26 21 29 February 25 18 22 28 24 28 March 32 39 22 8 15 25 April 19 14 27 17 18 23 May 19 32 18 15 21 19 June 28 23 24 27 30 18 July 26 17 25 25 17 23 August 24 28 24 21 7 29 September 20 37 37 22 19 21 October 24 32 27 27 25 27 November 18 28 31 21 19 24 December 20 23 19 22 34 20 Grand Total 277 310 308 259 250 286 IBR Offense: DUI 90D Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Drugs - Spokane Valley Time Period: December 2022 70 60 50 40 30 20 10 co co w IL 0 as 0 a5 to bA a as 0 E a} 0 as v-� aJ 0 0 0 a E aJ 0 2 L as al 0 —40-2017 i3. 2018 # -2019 2020 - i-2021 - 2022 2017 2018 2019 2020 2021 2022 January 23 39 51 45 31 - February 28 38 40 62 36 4 March 28 58 57 51 4 6 April 38 55 63 36 2 6 May 23 39 39 64 4 6 June 21 54 29 51 2 6 July 17 55 46 38 - 9 August 25 38 55 35 2 5 September 25 33 49 39 1 8 October 21 50 47 37 1 2 November 32 38 54 42 1 4 December 27 47 44 30 6 3 Grand Total 308 544 574 530 90 59 * IBR Offense: Drugs/Narcotics Violations 35A and Drug Equipment Violations 35B Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Fraud - Spokane Valley Time Period: December 2022 + 2017 Iw3 .2018 —A-2019 2020 —)K-- 2021 2022 2017 2018 2019 2020 2021 2022 January 26 69 64 69 65 55 February 36 46 32 59 57 1 80 March 37 59 62 50 97 56 April 43 55 58 62 97 56 May 53 67 57 85 63 55 June 57 64 50 73 64 49 July 61 64 65 67 81 58 August 54 64 65 70 94 76 September 65 49 57 67 79 64 October 65 60 75 76 59 65 November 53 56 68 62 71 50 December 42 60 49 61 66 55 Grand Total 592 713 702 801 893 719 * !BR Offense: Pretenses/Swindling/Con Games 26A, Fraud - Credit Card/ATM 26B, and Fraud - False & Fraud - Impersonation 26C Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Forgery - Spokane Valley Time Period: December 2022 30 25 20 15 10 5 [U C CO C(0 7 7 7 7 4- ID O 0 0 Q1 E 4J CD —0-2017 —11 1- .2018 — A— 2019 2020 —0(--2021 - 2022 2017 2018 2019 2020 2021 2022 January 9 18 20 23 13 4 February 11 10 13 12 8 11 March 20 24 17 14 10 9 April 19 21 14 14 10 9 May 26 21 10 10 10 7 June 15 15 14 7 6 14 July 21 15 10 9 13 9 August 15 17 13 10 3 7 September 20 14 12 3 14 7 October 18 11 14 7 11 11 November 9 21 21 9 14 11 December 9 13 15 15 8 7 Grand Total 192 200 173 133 120 106 *IBR Offense: Counterfeiting/Forgery 250 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Theft - Spokane Valley Time Period: December 2022 300 250 200 150 100 50 L. r E • c ▪ m Q @ N LL ▪ a 45 v v c .n tiCi ▪ _ n v O > u a Q 0 D (11 Z CI irl —0-20172018 —At— 2019 2020 cif— 2021 —a-= 2022 2017 2018 2019 2020 2021 2022 January 206 237 237 239 198 197 February 200 165 188 199 185 198 March 217 209 212 197 193 203 April 201 201 206 180 185 198 May 235 230 230 152 161 176 June 252 224 232 217 185 219 July 236 238 236 195 156 234 August 223 211 256 168 177 233 September 212 194 233 218 194 192 October 236 235 240 204 210 218 November 218 198 205 218 201 237 December 199 251 231 230 198 193 Grand Total 2,635 2,593 2,706 2,417 2,243 2,498 * IBR Offense: Theft - Pocket -Picking 23A, Theft - Purse -Snatching 23B, Theft - Shoplifting 23C, Theft From Building 23D, Theft From Coin -Operated Machine 23E, Theft of Motor Vehicle Parts/Accessories 23G, and Theft -All Other 23H Produced: 01/10/2023 Spokane County Sheriffs Office Response Times by Priority December 2022 Spokane Valley SCSO Unincorporated SCSO All Priority Create To Dispatch Dispatch To Arrive Create To Arrive Create To Dispatch Dispatch To Arrive Create To Arrive Create To Dispatch Dispatch To Arrive Create To Arrive 2 00:D4:54 00:19:37 00:05:00 00:09:08 00:09:55 00:28:45 00:01:59 00:16:03 00:10:32 00:14:39 00:12:31 00:30:43 00:03:35 00:18:09 00:07:31 00:11:24 00:11:06 00:29:33 3 00:43:36 4 01:12:22 00:11:57 00:08:36 00:55:33 01:20:59 00:39:31 00:41:12 00:17:18 00:11:59 00:56:49 00:53:11 00:41:42 00:54:16 00:14:26 00:10:34 00:56:08 01:04:50 Totals 0:31:26 0:10:23 0:41:49 0:28:36 0:15:53 0:44:29 0:30:11 0:12:48 0:42:59 0 0 Spokane Valley - Create to Dispatch by hour grouping 00:00 - 04:00 - 08:00 - 12:00 - 16:00 - 20:00 - 03:59 07:59 11:59 15:59 19:59 23:59 # Priority 1 0:01:13 0:01:30 0:00:56 0:02:59 0:12:00 0:00:35 - Priority2 0:10:57 0:19:32 0:20:51 0:20:55 0:29:46 0:12:59 #Priority3 0:14:13 0:36:58 0:42:09 1;06:48 0:51:49 0:15:27 - Priority 4 0:12:29 0:17:06 1:52:39 1:13:23 1:54:50 0:00:00 2:09:36 1:55:12 1:40:48 1:26:24 1:12:00 0:57:36 0:43:12 0:28:48 0:14:14 0:00:00 Duration (hh:mm:ss) 00:20:10 00:17:17 00:14:24 00:11:31 00:08:38 00:05:46 00:02:53 00:00:00 00:00 - 04:00 - 08:00 - 12:00 - 16:00 - 20:00 - 03:59 07:59 11:59 15:59 19:59 23:59 .0—Priority 1 00:02:55 00:02:51 00:08:18 00:13:12 00:04:23 00:01:13 —r— Priority 2 00:08:02 00:08:56 00:09:55 00:10:55 00:10:39 00:06:14 —0—Priority 3 00:07:12 00;11:04 00:15:39 00:13:24 00:10:29 00:08:07 —0—Priority 4 00:13:18 00:04:46 00:17:20 00:04:12 00:11:52 00:00:00 Spokane Valley - Dispatch to Arrival by hour grouping Spokane County Sheriff's Office Response Times by Priority December 2022 Duration (hh:mm:ss) 1:40:48 1:26:24 1:12:00 0:57:36 0:43:12 0:28:48 0:14:24 0:00:00 SCSO Unincorporated- Create to Dispatch by hour grouping 19:59 • Prioirty 1 0:01:29 0:01:17 0:03:26 0:02:14 0:00:00 —6— Priority 2 0:07:39 0:12:20 0:20:27 0:11:10 0:25:14 Priority 3 0:15:40 0:29:51 0:41:16 0:39:44 0:58:36 - Priority 4 0:28:19 1:08:27 0:43:43 0:33:12 1:24:36 • 00:00 - 04:00 - 08:00 - 12:00 - 16:00 - 20:00 - 03 :5 9 07:59 11:59 15:59 23:59 0:01:55 0:12:58 0:25:25 0:45:51 Duration (hh:mm:ss) SCSO All - Create to Dispatch by hour grouping 1:55:12 1:40:48 1:26:24 1:12:00 0:57:36 0:43:12 0:28:48 0:14:24 0:00:00 - • • 00:00 - 04:00 - 03:59 07:59 ♦ Priority 1 0:01:21 0:01:26 08:00 - 11:59 0:01:46 0:02:29 0:12:00 0:01:39 12:00 - 16:00 - 20:00 - 15:59 19:59 23:59 —a— Priority 2 0:09:42 0:16:29 0:20:40 0:16:59 0:27:48 0:12:59 - Priority 3 0:14:43 0:33:28 0:41:43 0:54:37 0:55:04 0:20:10 .11•-Prioirty 4 0:20:54 0:27:22 1:04:24 0:50:26 1:39:43 0:45:51 Duration (hh:mm:ss) 00:23:02 00:20:10 00:17:17 00:14:24 00:11:31 00:08:38 00:05:46 00:02:53 00:00:00 SCSO Unincorporated- Dispatch to Arrival by hour grouping 00:00 - 04:00 - 08:00 - 12:00 - 16:00 - 20:00 - 03:59 07:59 11:59 15:59 19:59 23:59 —0—Priority 1 00:09:09 00:16:57 00:03:36 00:10:13 00:00:00 00:11:32 Priority 2 00:14:49 00:12:46 00:15:23 00:14:32 00:14:38 00:15:10 = Priority3 00:14:53 00:19:12 00:18:39 00:16:28 00:18:58 00:13:39 —Priority 4 00:03:49 00:05:09 00:10:18 00:16:29 00:05:12 00:00:02 Duration (hh:mm:ss) SCSO All - Dispatch to Arrival by hour grouping 00:20:10 00:17:17 00:1:31 00:11:31 00:08:38 00:05:46 00:02:53 00:00:00 — 00:00- 04:00- 08:00- 12:00- 16:00- 20:00- 03:59 07:59 11:59 15:59 19:59 23:59 f-Priority 1 00:06:02 00:07:33 00:06:44 00:11:12 00:04:23 00:09:28 Prioirty 2 00:10:36 00:10:33 00:12:19 00:12:23 00:12:23 00:09:32 0—Prioirty 3 00:09:48 00:15:04 OD:17:05 00:14:47 00:14:33 00:10:44 Prioirty 4 00:08:33 00:04:50 00:12:25 00:11:13 00:08:32 00:00:02 SPOKANE COUNTY SHERIFF'S OFFICE Regional intelligence Group 9 Call Activity Heat Maps - Spokane Valley 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 December 2022 Citizen Calls by Day of Week and Hour Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total 105 83 57 71 78 69 77 117 157 169 188 211 190 235 249 238 241 203 206 205 194 192 183 132 15 13 10 11 7 4 11 12 12 20 29 26 17 32 24 23 25 21 16 28 22 23 17 20 Total 438 12 11 7 8 12 6 8 16 19 18 26 27 31 40 32 29 33 27 31 26 19 21 24 12 495 14 13 7 10 13 14 11 9 27 22 30 27 24 28 38 30 39 26 23 27 27 24 19 14 516 10 6 10 5 9 9 13 21 21 22 19 34 28 30 36 35 37 23 31 33 24 24 21 17 518 10 5 9 11 15 13 11 22 29 36 27 39 31 36 47 31 31 45 29 32 25 33 30 22 619 16 19 5 17 9 12 13 20 24 27 26 28 37 35 35 46 47 29 44 28 29 23 45 21 635 28 16 9 9 13 11 10 17 25 24 31 30 22 34 37 44 29 32 32 31 48 44 27 26 629 3850 Total Deputy Involved Incidents by Day of Week and Hour Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 20 12 5 5 7 5 4 10 10 20 26 25 21 25 17 16 14 9 9 17 12 20 12 15 10 9 6 7 8 2 8 16 17 20 24 19 29 32 22 23 24 11 14 22 23 20 18 15 12 12 13 8 8 12 17 17 27 24 34 22 20 24 26 18 22 14 11 21 22 12 18 18 7 9 10 6 6 5 14 33 19 25 31 29 28 25 34 29 22 13 17 24 14 23 28 21 20 7 7 7 12 11 23 33 29 29 30 39 34 25 40 23 26 21 22 22 24 30 29 24 13 18 6 16 6 5 16 20 16 19 19 30 36 3.5 33 35 21 24 24 15 12 22 28 14 28 10 7 10 10 11 7 12 16 16 23 12 16 25 26 24 25 19 21 21 31 32 22 28 110 77 54 59 57 51 89 141 134 153 187 176 184 191 198 168 154 111 118 142 138 159 155 135 Total 336 399 432 472 567 483 452 3141 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional intelligence Group 9 Citizen CaII For Service (CFS) - Spokane Valley Time Period: December 2022 6,000 5,000 4,000 3,000 2,000 1,000 L" L -5 SQ f0 ,- n _n `, w L 77. a v vs v ITS v C .Q E O- 0 O a)v z Q („ --0-2017 -L -2018 -- 2019 2020 -I-2021 --40- 2022 2017 2018 2019 2020 2021 2022 January 3,088 3,405 3,351 3,521 3,680 3,792 February 2,942 2,862 3,170 3,638 3,342 3,652 March 3,546 3,597 3,711 3,504 4,052 4,475 April 3,416 3,460 3,839 3,405 4,078 4,072 May 3,987 4,331 4,516 3,941 4,415 4,382 June 3,955 4,006 4,349 4,153 4,810 4,463 July 4,459 4,467 4,976 4,570 4,993 4,880 August 4,204 4,286 4,680 4,319 4,583 4,840 September 3,799 4,048 4,318 4,259 4,397 4,504 October 3,718 3,927 4,072 3,909 4,471 4,408 November 3,353 3,582 3,646 3,392 3,966 3,875 December 3,406 3,530 3,668 3,678 4,252 3,850 Grand Total 43,873 45,501 48,296 46,289 51,039 51,193 *excludes calls handled by Crime Check only Produced:01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Citizen CFS With Deputy Response - Spokane Valley Time Period: December 2022 3,500 3,000 2,500 2,000 1,500 1,000 500 t its co CU LL 0_ ai D ▪ _ .Q ttO �O Q▪ om. U E N a 0 > u a1 O aJ -4-2017 2018 2020 -Aft- 2021 2022 2017 2018 2019 2020 2021 2022 January 1,941 2,208 2,190 2,319 2,295 2,181 February 1,787 1,865 2,011 2,364 2,073 2,125 March 2,224 2,375 2,386 2,321 2,399 2,663 April 2,119 2,230 2,418 2,417 2,475 2,318 May 2,478 2,731 2,851 2,650 2,605 2,528 June 2,416 2,516 2,654 2,677 2,712 2,463 July 2,609 2,685 2,983 2,660 2,544 2,530 August 2,589 2,639 2,852 2,708 2,528 2,741 September 2,336 2,555 2,725 2,524 2,312 2,666 October 2,292 2,510 2,547 2,462 2,453 2,506 November 2,131 2,350 2,416 2,170 2,221 2,272 December 2,157 2,314 2,402 2,301 2,326 2,224 Grand Total 27,079 28,978 30,435 29,573 28,943 29,217 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Citizen CFS Without Deputy Response - Spokane Valley Time Period: December 2022 +2017 -*-- 2018 - -2019 2020 �I� 2021 -0- 2022 2017 2018 2019 2020 2021 2022 January 1,147 1,197 1,161 1,202 1,385 1,611 February 1,155 997 1,159 1,274 1,269 1,527 March 1,322 1,222 1,325 1,183 1,653 1,812 April 1,297 1,230 1,421 988 1,603 1,754 May 1,509 1,600 1,665 1,291 1,810 1,854 June 1,539 1,490 1,695 1,476 2,098 2,000 July 1,850 1,782 1,993 1,910 2,449 2,350 August 1,615 1,647 1,828 1,611 2,055 2,099 September 1,463 1,493 1,593 1,735 2,085 1,838 October 1,426 1,417 1,525 1,447 2,018 1,902 November 1,222 1,232 1,230 1,222 1,745 1,603 December 1,249 1,216 1,266 1,377 1,926 1,626 Grand Total 16,794 16,523 17,861 16,716 22,096 21,976 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Deputy Initiated Incidents - Spokane Valley Time Period: December 2022 2017 2018 2019 2020 2021 2022 January 1,446 1,694 2,024 1,601 1,114 848 February 1,328 1,481 1,608 1,518 983 771 March 1,870 2,063 1,614 1,166 1,000 1,252 April 1,425 1,683 1,650 1,172 997 967 May 1,553 1,789 1,157 1,567 1,003 1,207 June 1,503 1,699 1,724 1,070 1,155 1,068 July 1,504 1,793 1,600 1,036 767 1,197 August 1,737 1,637 1,565 1,130 567 1,239 September 1,671 1,773 1,779 1,285 725 1,160 October 1,560 1,595 1,472 1,239 813 1,132 November 1,732 1,841 1,487 1,164 1,102 1,177 December 1,574 1,661 1,436 1,208 907 917 Grand Total 18,903 20,709 19,116 15,156 11,133 12,935 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Total Deputy Involved Incidents - Spokane Valley Time Period: December 2022 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 L.- _c = (is. N 3vi ▪ a� a m tlJ g - ¢ m E o E E • al < o > U LL a o 0) N Z 0 Vl --•- 2017 --ff-- 2018 -#-2019 --K - 2020 -- 2021 -0--2022 2017 2018 2019 2020 2021 2022 January 3,387 3,902 4,214 3,920 3,409 3,029 February 3,115 3,346 3,619 3,882 3,056 2,896 March 4,094 4,438 4,000 3,487 3,399 3,915 April 3,544 3,913 4,068 3,589 3,472 3,285 May 4,031 4,520 4,008 4,217 3,608 3,735 June 3,919 4,215 4,378 3,747 3,867 3,531 July 4,113 4,478 4,583 3,696 3,311 3,727 August 4,326 4,276 4,417 3,838 3,095 3,980 September 4,007 4,328 4,504 3,809 3,037 3,826 October 3,852 4,105 4,019 3,701 3,266 3,638 November 3,863 4,191 3,903 3,334 3,323 3,449 December 3,731 3,975 3,838 3,509 3,233 3,141 Grand Total 45,982 49,687 49,551 44,729 40,076 42,152 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Crime Check CaII For Service (CFS) - Spokane Valley Time Period: December 2022 2017 2018. 2019 2020 2021 2022 January 612 662 631 627 622 352 February 608 488 504 689 659 458 March 647 659 651 690 760 529 April 667 602 703 684 739 477 May 699 697 763 1,113 767 509 June 698 703 630 793 736 502 July 712 727 717 782 723 523 August 690 673 731 837 728 563 September 667 626 655 812 656 551 October 667 713 747 735 603 658 November 571 661 615 643 500 609 December 635 609 683 668 480 482 Grand Total 7,873 7,820 8,030 9,073 7,973 6,213 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Ticket Counts Date Range: December 2022 Ticket Type Criminal Non Traffic Criminal Traffic Infraction Non Traffic Infraction Traffic Parking Spokane Valley Districts Unincorporated Districts Ticket Count Charges Count 71 83 33 45 5 5 182 221 0 0 Ticket Count Charges Count 48 58 30 32 3 3 91 131 0 0 All Districts Ticket Count Charges Count 119 141 63 77 8 8 273 352 0 0 Totals: Ticket Type Criminal Non Traffic Criminal Traffic Infraction Non Traffic Infraction Traffic Parking 291 354 172 224 463 578 Deer Park Ticket Count Charges Count 4 8 0 0 Medical Lake Ticket Count Charges Count 1 1 1 1 0 0 2 2 0 0 Millwood Ticket Count Charges Count 1 1 1 1 0 0 3 5 0 0 Totals: 6 10 4 4 5 7 Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Ticket Charge Details - Spokane Valley Date Range: December 2022 Charge Count (blank) 46.12.650.7: FAIL TO TRANSFER TITLE W/I 45 DAYS 46.16A.030.2: OPER VEH W/O CRNT/PRPR REG & PLATE 46.16A.030.5.L: FL RENEW EXPIRED REG <= 2 MTHS 46.16A.030.5.0: FL RENEW EXPIRED REG >2 MTHS 46.16A.180.1: FAIL TO SIGN/CARRY/DISPLAY VEH REG 46.16A.180.2: OPER/POSSESS VEH W/O REGISTRATION 46,16A.200.7B: DISPLAY CHANGED/DISFIGURED PLATE 46.16A.200.7C: ALTER MAKE PLATE ILLEGIBLE/OBSCURED 46.20.005: DRIVING WITHOUT A LICENSE 1 1 2 3 29 1 1 1 1 7 46,20,015: DRIVING MOTOR VEHICLE WITH AN EXPIRED LICENSE WITH VALID IDENTIFICATION 8 46.20.342.1A: DWLS 1ST DEGREE 1 46,20,342.1B: DWLS 2ND DEGREE 2 46.20.342.1C: DWLS 3RD DEGREE 1 46,20,740: MV IGNITION INTERLOCK DRIVE VEH WO 3 46.30.020: OPERATING A MOTOR VEHICLE WITHOUT INSURANCE 33 46.37.050: DEFECTIVE LIGHTS 1 46.37.200: LAMPS, DEFECT TURN SIGNALS -STOP LAMPS 1 46.52.010.1: HIT/RUN UNATTENDED VEHICLE 1 46.52.010.2.C: HIT AND RUN UNATTENDED-AID/ABET 3 46.52,010.2: HIT/RUN UNATTENDED PROPERTY 1 46.52.020: OLD CODE:VEH(HIT/RUN PERSON AT 3 46.61.022: FAILURE TO STOP WHEN REQUESTED BY LAW ENFORCEMENT 1 46,61.050: DISREGARD TRAFFIC SIGNAL SIGN 1 46,61.055.3A: ENTER INTERSECTION STEADY RED CIRCLE 1 46.61.055: FAIL TO OBEY TRAFFIC CONTROL LEGEND 4 46,61.140: IMPROPER LANE USAGE 2 46.61.145.1: FOLLOW VEHICLE TOO CLOSELY 2 46.61.180.1: FAIL TO YIELD TO VEHICLE APPROACHING INTERSECTION 2 46,61.185.1: FAIL YIELD LEFT TURN MOTOR VEHICLE 1 46.61.190.2: FAIL STOP AT STOP SIGN/INTERSECTION 7 46.61.190.3: FAIL YIELD AT YIELD SIGN/INTERSECTION 1 46.61.200: FAIL TO STOP AT INTERSECTION/STOP SIGN 1 46.61,205.1: FAIL YIELD PRIVATE RD MOTOR VEHICLE 1 46.61.210: FAIL TO YIELD TO EMERGCY VEHICLE 1 46.61.240: PED CROSS NOT AT CROSSWALK 1 46.61.250.1: PEDESTRIAN ON ROADWAY UNLAWFULLY 1 46.61.290: TURN, PROHIBIT -IMPROPER 4 46.61.305.2: IMPROPER LANE CHANGE (100 FT NOTICE) 1 45.61.305: FAIL TO SIGNAL STOP -TURN UNSAFE LANE 1 46,61.400.05U: SPEED 5 OVER (40 OR UNDER) 5 46.61.400.1: SPEEDING TOO FAST FOR CONDITIONS 9 46.61,400.10U: SPEED 10 OVER (40 OR UNDER) 1 46.61.400.11U: SPEED 11 OVER (40 OR UNDER) 1 46,61,400.12U: SPEED 12 OVER (40 OR UNDER) 8 46.61.400.13U: SPEED 13 OVER (40 OR UNDER) 7 46,61.400.14: SPEED 14 OVER (OVER 40) 1 46.61.400.14U: SPEED 14 OVER (40 OR UNDER) 8 46.61.400,15: SPEED 15 OVER (OVER 40) 2 46.61.400.15U: SPEED 15 OVER (40 OR UNDER) 14 46.61.400,16U: SPEED 16 OVER (40 OR UNDER) 4 46.61,400,17U: SPEED 17 OVER (40 OR UNDER) 3 Produced: 1/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Ticket Charge Details - Spokane Valley Date Range: December 2022 Charge Count 46.61.400,18U: SPEED 18 OVER (40 OR UNDER) 46.61.400.21U: SPEED 21 OVER (40 OR UNDER) 46..61.400.22U: SPEED 22 OVER (40 OR UNDER) 46.61.400.25U: SPEED 25 OVER (40 OR UNDER) 46.61.400.27U: SPEED 27 OVER (40 OR UNDER) 46.61.400.28U: SPEED 28 OVER (40 OR UNDER) 46.61.400.30U: SPEED 30 OVER (40 OR UNDER) 46.61.400.35U: SPEED 35 OVER (40 OR UNDER) 46.61.500: RECKLESS DRIVING 46.61.502: OLD CODE:VEH(DWUIL/DRUG)NEW 46.51.504: OLD CODE:VEH(PHY/UNIL/DRUG)NEW 46.61.672.1: PER ELECTRONIC DEVICE WHILE DRIVING 46.61.672.4: PER ELECTRONIC DEV DRIVE 2ND/SUBSEQ 46.51.588: FAIL TO WEAR SAFETY BELT 69.41.030.2B: LEGEND DRUG POSSESSION 7.105.450.1: PROTECTION ORDER VIOLATION 9.41.230: WEAPONS VIO, AIM -DISCHARGE FIREARM -DANGEROUS WEAPON 9.41,270: WEAPON(INTIMIDATE WITH) 9.91.025: BUS CONDUCT UNLAWFUL 9A.36.041.2: ASSAULT 4TH DEGREE 9A,46,020.1: HARASSMENT 9A.46.040: HARASS INCL PRETRIAL-POSTTRIAL ORDERS 9A.48.090: MALICIOUS MISCHIEF-3 9A,50.020: INTERFER W- HEALTH CARE FACILITY 9A.52.070: TRESPASS 1 9A.52.080: TRESPASS 2 9A.56.050 [26A] GM: THEFT 3D (DINE & DASH) 9A.56.050: OLD CODE: THEFT-3D 9A.76.020: OBSTRUCT LE OFF 9A.76.040: OBSTRUCT GOVT-RESISTING ARREST 9A.84,030: DISORDERLY CONDUCT SCC-05.04.034 (14): Dog in violation of imposed restrictions 4 1 1 1 1 2 1 1 2 16 3 31 1 3 1 2 1 1 2 28 1 1 9 1 4 4 2 14 5 4 3 3 Grand Total 355 Produced: 1/10/2023 SPOI<ANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Criminal Ticket Counts - Spokane Valley Time Period: December 2022 2017 2018 2019 2020 2021 2022 January 152 175 207 173 124 127 February 140 130 174 185 128 109 March 165 195 172 140 117 155 April 102 149 171 153 123 135 May 116 175 131 154 126 122 June 149 179 186 171 125 132 July 165 _ 184 172 129 108 152 August 147 147 168 152 88 175 September 125 169 174 162 109 128 October 164 178 176 175 112 133 November 163 157 169 130 115 136 December 148 188 168 132 116 104 Grand Total 1,736 2,026 2,068 1,856 1,391 1,608 *Ticket type of Criminal Non Traffic & Criminal Traffic Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 Non - Criminal Ticket Counts - Spokane Valley Time Period: December 2022 2017 2018 2019 2020 2021 2022 January 396 367 357 198 195 193 February 238 338 261 266 172 156 March 422 472 226 133 166 253 April 110 219 299 111 198 200 May 241 385 130 164 211 406 June 380 489 421 128 353 224 July 295 499 359 217 285 187 August 357 257 297 204 132 212 September 461 480 306 199 179 250 October 365 387 273 139 216 236 November 329 366 253 195 295 362 December 274 254 253 238 157 187 Grand Total 3,868 4,513 3,435 2,192 2,559 2,866 *Ticket Type of Infraction Non Traffic & Infraction Traffic Produced: 01/10/2023 SPOKANE COUNTY SHERIFF'S OFFICE Regional Intelligence Group 9 All Ticket Counts - Spokane Valley Time Period: December 2022 2017 2018 2019 2020 2021 2022 January 548 542 564 371 319 320 February 378 468 435 451 300 265 March 587 667 398 273 283 408 April 212 368 470 264 321 335 May 357 560 261 318 337 528 June 529 668 607 299 478 356 July 460 683 531 346 393 339 August 504 404 465 356 220 387 September 586 649 480 361 288 378 October 529 565 449 314 328 369 November 492 523 422 325 410 498 December 422 442 421 370 273 291 Grand Total 5,604 6,539 5,503 4,048 3,950 4,474 *All ticket types except parking Produced: 01/10/2023